City Council Minutes - 05/15/2007back
REGULAR MEETING OF THECITY COUNCIL OF THE
CITY OF CORONADOCoronado City Hall
1825 Strand Way
Coronado, CA 92118
Tuesday, May 15, 2007
Mayor Smisek called the meeting to order at 3:01 p.m.
1. ROLL CALL:
Present: Councilmembers Downey, Monroe, Ovrom, Tanaka and
Also Present: Acting City Manager Jim Benson
City Attorney Morgan Foley
City Clerk Linda Hascup
2. INVOCATION AND PLEDGE OF ALLEGIANCE. Frank Leslie, St. Paul's Methodist Church, provided the invocation and Mayor Smisek led the Pledge of Allegiance.
3. MINUTES: Approval of the minutes of the Regular Meeting of May 1, 2007 were approved as submitted. The reading of the minutes in their entirety was unanimously waived.
MSUC (Tanaka/Ovrom) moved that the City Council approve minutes of the Regular Meeting of May 1, 2007, a copy having been provided Council prior to the meeting, as corrected.
AYES: Downey, Monroe, Ovrom, Tanaka and Smisek
4. CEREMONIAL PRESENTATIONS:
4a. Proclamation: "National Public Works Week." Mayor Smisek presented the proclamation to the Engineering and Public Works Departments represented by Scott Huth, Ed Walton, Bill Cecil, Steve Easterday and Nancy Reynolds.
4b. Proclamation: "Relay for Life Community." Mayor Smisek presented the proclamation to Melanie London, Community Development Coordinator from the American Cancer Society.
Ms. London thanked Mayor Smisek and the City Council for their support of the Relay for Life. She invited and encouraged everyone to participate. The event will be held at Village Elementary on June 23rd at 9 am and will end on June 24th at 9 am. Cancer survivors are invited to walk the Survivor Lap at 10 am.
5. CONSENT CALENDAR: The City Council approved, adopted and/or accepted as one item of business Consent Agenda Items 5a through 5g with the addition of Item 11d.
MSUC (Downey/Ovrom) moved that the City Council approve the Consent Calendar Items 5a through 5g with the addition of Item 11d - Introduction of "An Ordinance of the City Council of the City of Coronado, California, Describing the Program of the Community Development Agency of the City of Coronado to Acquire Real Property by Eminent Domain as Required by Section 33342.7 of the California Health and Safety Code."
AYES: Downey, Monroe, Ovrom, Tanaka and Smisek
5a. Approval of Reading by Title and Waiver of Reading in Full of Ordinances on this Agenda. The City Council waived the reading of the full text and approved the reading of the title only.
5b. Approval of Warrants. The City Council ratified payment of warrants Nos. 10057767 thru 10058237 audited and approved by the Audit Committee, provided there are sufficient funds on hand.
Pete Fagan, 379 F Avenue, commented that he addressed the City Council about a month ago regarding the City Attorney invoices and their lack of information as required by his contract. He believes that the City Attorney is still in violation of the contract and is withholding information that is required under that contract. He asserted that these bills should not be paid.
City Attorney Morgan Foley explained that Mr. Fagan did point out that his firm's billing, since 2000, did not comply with the technical requirements stated in the contract. It was an oversight on his part, the part of the City Council, and the Administrative Services Department. Contrary to what Mr. Fagan said, they have not disregarded that requirement. The bills that Mr. Fagan is now referring to were already in the City's possession prior to his statement. Since that time, his firm has structured the bills in order to comply with the technical requirements of the contract and will continue to do so. When Mr. Fagan submits his next public record request to review the bills, he will see the amendment to those documents. Mayor Smisek added that the information was not 'withheld' as Mr. Fagan suggested.
The City Council approved the warrants.
5c. Approval and Acceptance of Project to Trim Two Hundred Sixty-One Trees of Various Heights and Species on the Coronado Golf Course. In response to the published request for bids, eight (8) tree trimming contractors submitted proposals.
Arbor West Tree Surgeons $78,655.00
Green Horizon $49,925.00
Greenbrier Lawn $23,590.00
Atlas Environmental $22,395.00
Andre Landscape Service $66,000.00
Stay Green, Inc. $18,655.00
American Landscape & Tree Service $80,680.00
Tree Pros, Inc. $65,250.00
Stay Green, Inc. was awarded the contract by the City Council at the meeting of March 6, 2007. Stay Green, Inc. completed the work on May 2, 2007 in accordance with the specifications issued. The City Council accepted the tree trimming project and directed the City Clerk to file a Notice of Completion.
5d. Approval and Acceptance of the Transbay Sanitary Sewer Force Main Project. Michels Corporation was issued a Notice to Proceed on December 11, 2006. The project was completed in accordance with the project plans and specifications on April 25, 2007. The City Council accepted the Transbay Sanitary Sewer Force Main project and directed the City Clerk to file a Notice of Completion.
5e. Approval of Amendment to the Cooperative Agreement with Caltrans for Oversight and Quality Assurance for the State Route (SR) 75/282 Tunnel Project Report and Environmental Documents. This Amendment will allow the City to proceed with production of the documents necessary for the design of a traffic solution for the SR 75/282 Transportation Project and their review by Caltrans. The City Council approved the Amendment to the Cooperative Agreement between the City and Caltrans, for Caltrans' cooperation in reviewing the Project Report and Environmental Documents, increasing total funding to $900,000 from existing project funding.
5f. Validation of Original Determination of Wet Well Re-Lining Emergency Situation at Transbay Pump Station Project.
The City Council validated the original determination that an emergency situation exists at the Transbay Pump Station project, as was presented at the previous Council meeting.
5g. Adoption of a Resolution to Participate in San Diego Association of Governments (SANDAG) Regional Beach Sand Project. SANDAG and participating coastal cities are working to initiate a beach sand replenishment project similar to the one accomplished in 2001. It is expected that the experience gained in 2001 should lead to greater efficiencies and cost savings for the next project. Although not one of the "recipient" beach cities for the next project, Coronado stands to benefit from the sand replenished along the coastline from Imperial Beach to Oceanside as the resident and tourist population are provided more beach going opportunities. Preliminary cost estimates as well as a number of draft contribution calculations range from no cost to the City of Coronado (if the City does not participate) to $1,764,752 (if all coastal cities participate). There are several cost alternatives provided; however, the requested action is to show general support for the program while the appropriate funding amounts are developed and approved at a later date. The City Council action of support by Resolution does not bind the City to a certain level of funding. It is necessary that coastal cities express interest in the project in order to move it forward as a SANDAG work program. The City Council adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORONADO, CALIFORNIA, EXPRESSING INTEREST IN IMPLEMENTING ANOTHER REGIONAL BEACH SAND PROJECT (RBSP). The Resolution was read by Title, the reading in its entirety unanimously waived and adopted by Council as RESOLUTION NO. 8213.
6. ORAL COMMUNICATIONS:
a. Susan Heavilin, 1144 Isabella Avenue, addressed the lack of public safety in Coronado in light of the recent fire on Catalina Island and suggested that Coronado is a place where such a fire could occur and create major problems. She asserted that the City does not have appropriate fire equipment to keep the people safe. The truck has a 24-foot ladder that is not high enough to reach 2,000 homes in the Coronado Village. She is also concerned that fire would travel very quickly through Coronado with the density and narrow spaces between homes. She was upset by a recent article in the Coronado Eagle & Journal where the Fire Chief said that the City's equipment was fine. The City doesn't have the quint they are now looking to purchase and it will take a year once the order has been placed for it to be delivered. She commented that the quint doesn't fit in either fire station, has difficulty turning in some areas, and is too heavy to cross the bridge in the Shores. Another issue of concern to her is that the City firefighters aren't paid at the median range the surrounding cities and that everyone in Coronado should be paid above median wage.
b. Pete Fagan, 379 F Avenue, spoke again regarding the City Attorney invoices. He was appalled at the vote. He pointed out the contract wording that states "The City will not pay any amount unless the totals to date are provided." He doesn't believe this should be accepted by a city that prides itself on its good fiscal management. He also noted an article on the Animal Care Facility in the Coronado Currents. Some of the language used is a little misleading. Mr. Benson is quoted as stating that, at the neighbor's request, the City will provide a ten-foot buffer between the common property line and a new six-foot high concrete block wall to reduce noise. There is an email from Mr. Benson described that area as an easement, which is a legal definition involving land interest. In addition, plants and three new trees will be used to screen the project from the condo to the east. There will also be a privacy gate that will preclude the public from going on that piece of City land. His belief is that what is really happening is that this ten feet is more than a buffer; it is a grant of an interest in the City's land to the condo owners, one of whom is the Mayor and suggested that should be looked at. He asked that a full disclosure be made of this and if it hasn't been finally determined that needs to be reviewed very carefully as to what is going on and that the public has a right to fully understand what the situation is.
c. Ella Croshier, 25 Blue Anchor Cay, addressed public safety and read a letter that she submitted for the record regarding the reduction in the side yard setbacks for the Egret model homes, which also addressed lack of an ambulance at the Cays, the need for a new fire truck and better equipment for the firefighters.
d. Councilmember Ovrom said he had received a number of phone calls regarding the Fourth of July activities this year and lack of funding. One concern was that there would not be a concert. He understands that has been resolved. There will be a concert and the Fourth of July events should be as wonderful as they always are.
e. Councilmember Monroe responded to Ms. Heavilin's comment about the weight limit at the Shores bridge. He said that the bridge would easily support the truck.
f. Councilmember Tanaka commented that a quint will fit in the fire station. He also commented on the Animal Care Facility and the comment that the City is giving away land. He said this is incorrect. The proper understanding of that decision has to do with providing a noise buffer between the facility and a densely populated condominium. There is nothing duplicitous or secret about it. The location of the facility on the piece of property is irrelevant to the City, but is very relevant to the next door neighbors. The City used a common sense approach.
g. Councilmember Downey commented that the City delays a lot of projects in town when the public has felt it wasn't informed or hadn't had the chance to participate. The process to decide where and how to build the Animal Care Facility is one of the most open processes the City has ever had. She thinks the City did it right. Public input was received, and the City worked with the public. The whole idea was to do it properly to avoid delays and she stands by that decision.
Ms. Downey also mentioned a meeting she recently attended about global warming. She would like the public and Councilmembers to think about this and look at what the City's footprint is from a global warming perspective, both from the City side and the citizen side.
7. CITY MANAGER:
7a. Update on Council Directed Actions and Citizen Inquiries. No report.
8. PUBLIC HEARINGS: None.
9. ADMINISTRATIVE HEARINGS: None.
10. COMMISSION AND COMMITTEE REPORTS:
10a. Report from the Port Commissioner Concerning Port Activities. Port Commissioner Robert Spane advised that the Port has been in the newspaper recently on several projects regarding the A8 Anchorage, motor homes at Shelter Island, and the Gaylord project. He reported that the Port approved the Coronado Yacht Club project and there is money in the budget for Peohe's pier. The Port has commissioned a $350,000 study to predict what is the future of the maritime industry in the San Diego region. The economic impact today of just the maritime aspect of the Port, the two terminals, is approximately $1.6 billion and about 19,000 jobs. This has grown fifteen percent a year for the last four years. Forty five percent of the bananas that come into the United States come through San Diego; in fact, all of the Dole bananas west of the Rockies come in through San Diego. One in every 8 cars that enters this country comes in through San Diego. It is now the premier port for windmills because San Diego Port has the area for the lay down. He also advised that the City of Coronado asked for $27,500 and received $34,500 from the Port's Financial Assistance program this last year.
Councilmember Monroe commented that a friend of his who took a two-hour tour of the Port facilities recently was quite amazed and thought the tour was very worthwhile. Admiral Spane added that the current Port of San Diego brings in about 3 ½ million tons of cargo a year. The Port of Long Beach brings in 100 times that.
Mayor Smisek and Councilmember Ovrom were appreciative of Admiral Spane's advocacy regarding the dock at Peohe's.
11. CITY COUNCIL BUSINESS:
11a. Council Reports on Inter-Agency Committee and Board Assignments.
Councilmember Downey attended a League of California Cities Selection and Legislative Subcommittee meetings and will attend, as part of a delegation of the San Diego Chapter of the League of Cities, the League of California Cities Legislative Days in Sacramento on Wednesday. The agenda item that everyone is concerned about is Denise Ducheny's bill on density. She will attend a Coastal Cities subcommittee meeting as well. She attended, as Mayor Pro Tem, the San Diego County Police Officer's Memorial Ceremony with Chief Scanlon. The Police Officers Foundation is very close to putting in a permanent memorial at the Embarcadero. They welcome private donations for that. She attended the Time Warner 50 Best Moms luncheon as a judge with Councilmember Tanaka. With most of the City Council she attended the Coronado Hospital Ball. She attended the SANDAG Shoreline Preservation Working Group meeting, and chaired the SANDAG Environmental Mitigation Program meeting where they are extremely close to signing an agreement with Fish & Wildlife so they can finally start figuring out how to get money put aside for the TransNet initiatives for highways and city streets. There is discussion in San Diego County, to the SANDAG Board, that when TransNet was done they didn't complete the job as far as 'quality of life initiatives' for the region, which needs to be looked at. Beach replenishment is a prime example. There will be workshops and she will distribute that information to the citizens as she gets it. She attended the grand opening of the San Diego Regional Energy office, which is the only non-profit agency, that is the partner for San Diego in the State Solar Initiative. Two cities have already used them to help get a pilot program to assess what a particular city's footprint is in terms of greenhouse emissions. They will get more information at a later time that will come back to Coronado. It shouldn't be too costly to get that assessment done. She met with Scott Huth because the City is doing things to look at its recycling efforts. The State requires that cities should be recycling 50% of waste. There is discussion that it may be increased to 75%. Coronado is ahead of the game - it already recycles more than 50%. Ms. Downey announced the 50th anniversary of the Golf Course. The Girl's Golf Club will be celebrating the anniversary and have invited a Council member to ride with them on their float in the 4th of July parade.
Councilmember Ovrom reported on the Metro Wastewater Commission monthly meeting and strategic planning session. He joined staff for the 'Ocho de Mayo' lunch, attended the San Diego Military Advisory Council meeting with CAPT Allen, Chief of Staff, Southwest Division, where putting together a small group of top Navy people to brainstorm about traffic mitigation was discussed, attended with Mr. Pena the Chamber Breakfast, attended another Metro Wastewater Commission meeting for review of subcontracts, joined other Councilmembers at the Hospital Ball, and sat in on the Recreation Commission meeting.
Councilmember Tanaka read 50 essays for the Time-Warner Best Moms in San Diego contest, attended the CIP committee meeting where they discussed the location of the Boathouse, the Lawn Bowling Green, and Rotary Plaza options. He attended a Library Board meeting to discuss his earlier request to look at the Library's hours, to either extend hours to be more consistent or expand Sunday hours. He briefed the Chamber Board, and met with Todd Stands regarding proposed public art for the Marina building. He and Mr. Stands agreed that the pictures are what are most important.
Councilmember Monroe reported on meetings of the SANDAG Transportation Committee and the SANDAG Policy Board, where he received a brief regarding water quality in San Diego County. Over 50% of the problems in water quality do not come from a singular source, but from various areas. The requirements for water and discharges are, in some cases, more stringent than in drinking water. His appeal is to have standards that are achievable. Up until now SANDAG's Smart Growth discussions have centered on the relationship of housing to transit corridors. If SANDAG takes this on, the idea of Smart Growth will be expanded to include the effects on water quality. Mr. Monroe attended the Full Access Coordinated Transportation (FACT) Board meeting in Oceanside, met with Sue Coyle about whether CUSD wants to promote a program regarding childhood obesity. As co-chair of the SANDAG committee on Economic Prosperity for San Diego Region committee he met with Julie Meier-Wright to work on their final paper. They have identified areas that the region needs to focus on such as housing, a new strategy in goods movement, education, and preschool, and have suggested lead agencies. Lori Saldana has started legislation about military housing counting towards income which disqualifies military children from preschool. Energy sources, diversified energy, and water are other areas. With respect to the quality of life workshops Ms. Downey spoke about, during TransNet discussions their consultants clearly told them to stick with transit/transportation only. There was a stipulation in the last TransNet that SANDAG would consider working on another bond issue in the future for additional quality of life issues beyond transportation.
Ms. Downey added that the people, as a region, have to decide whether to bond another huge amount of money. Water quality is a prime issue along these lines.
Mayor Smisek presented a proclamation at the National Day of Prayer ceremonies at the Middle School; met with Jeff Tyler regarding the funding for the Lambs' Players theater over the next two years; with Councilmember Tanaka attended a CIP meeting to review the City's options for Rotary Park, the Boathouse and meeting room, and the Lawn Bowling green; with Councilmember Ovrom attended the 'Ocho de Mayo' celebration; attended the Library Board meeting; and met with the San Diego International Sports Group, Port Commissioner Rocky Spane, and George Palermo from the Landing, and the Port Tenants' President to discuss the City's concerns regarding the potential Red Bull Air Races in September. His main concerns were the impacts of traffic from viewing the races on this side of the Bay and noise. He volunteered the new Chief of Police to be involved in further planning. Mayor Smisek attended a SDMAAC meeting and discussed with Admiral Herring some alternatives and interim measures for traffic mitigation with the coming of the third carrier. The idea was to get the ball rolling, give the go ahead from the Navy and community sides to open up these discussions, get alternatives on the table, start throwing out the impossible and look at what is possible. He attended a meeting of the Golf Committee where there was discussion about improvements to some of the sand traps at some of the holes in the back 9, and selecting samples for new carpeting. He also attended the Coronado Historical Association Board meeting.
11b. Presentation by Anthony Gaiani, Captain, USN, Commanding Officer Naval Base Coronado - Update of Navy Construction Projects. Captain Tony Gaiani, Commanding Officer Naval Base Coronado, provided an overview of construction projects on North Island and NAB Coronado for the next year and out years. He reviewed completed projects, projects in construction, projects in the budgeting/acquisition phase and those in the planning phase.
Councilmember Monroe asked about the new training buildings on NAB and whether or not the City has seen the plans as the City is always concerned with building heights. Captain Gaiani responded that he would be happy to provide the City with the plans.
Councilmember Tanaka inquired about night time air operations. He has been surprised with the jet noise during late evening hours and asked how often the operations are after 9:00 p.m. Captain Gaiani explained that they don't generally take late night traffic, but sometimes North Island is a 24-hour divert field for carrier qualifications. When an aircraft carrier leaves port quite often it will not just receive its own air wing, but also flight students. In that instance the landing field must be ready 24/7 in case there is a student with a problem, either he is unable to land on the aircraft carrier to the safety satisfaction of the Landing Signal Officer, or an aircraft problem has developed, or there may be a weather problem. In that case they would divert to North Island. He explained it is difficult to predict the frequency of that type of situation.
Councilmember Downey asked if Captain Gaiani's PowerPoint presentation could be made available, and suggested that it could be made available on the City's website. Captain Gaiani said he would leave a copy with staff.
Councilmember Ovrom asked for a report on the traffic transitions with the new gate. Captain Gaiani explained that first thing to know is that the Navy would do its best to try to minimize the disruption from the changes that are going to happen. In mid June, depending on the gas pipe issue, the traffic will begin to proceed straight onto the Base from Third Street as one-way traffic. McCain Boulevard, the current entrance where traffic is currently two-way traffic will in June become the exit, but there will still be an opportunity to enter the Base that way as well. There will be traffic lights, but until they are installed there will be security officers to manage the traffic at those two points. Alameda will eventually become two-way.
Mayor Smisek added that Alameda will remain one-way until the inbound traffic on Fourth (McCain) is shut off.
Jim Benson, Acting City Manager, provided information about the gas line Captain Gaiani had mentioned. SDG&E is currently looking for the best and quickest way to get the line moved. There is about 450 fee of 90-year old gas line to be moved.
11c. Certification to the City Council of the Results of the Examination and Verification of Signatures on an Initiative Petition Requesting the Amendment of the Land Use Plan of the City of Coronado Local Coastal Program to Prohibit the Construction of Certain Permanent Structures on Portions of Coronado Beach Without Prior Voter Approval; and Adoption of a Resolution Placing the Issue as a Ballot Measure on the November 4, 2008 General Municipal Election Ballot; Or Council Referral of the Initiative to Staff for Analysis and Impact Report. Mayor Smisek recused himself from the proceedings due to conflict of real property interest and turned his seat at the dais over to Mayor Pro Tem Downey.
City Attorney Morgan Foley presented the staff report. He advised that from time to time there are initiative measures that have been circulated and signed by the electorate. This is the latest such petition that was circulated, signed, and submitted to the City Clerk, who then submitted it to the Registrar of Voters for a review of the signatures to ensure that those who signed are in fact Coronado registered voters. Following that process, the Registrar of Voters presented their certification to the City Clerk as meeting the requirement of the number of signatures to qualify for the ballot. There was a concern, however, that the petition itself did not contain the proper description to cause a Special Election to be conducted. Under the Elections Code, that requires a clear description on the sections of the petition to state to those who sign it that the intent is to call for a Special Election. Unfortunately, for the circulators of the petition, not all of the sections contained this wording. There are not enough signatures on those sections to qualify for a Special Election. So, the recommendation is, if the City Council is going to approve this for a ballot measure, that it go on the November 2008 General Election ballot.
The City Council has some options. This case is a bit unique because, as an amendment to the City's Local Coastal Program, it is exempt from CEQA review. As an exemption, the City Council has the option to adopt the measure as presented. Another option is to place it on the ballot for the November 2008 elections. The third option is to defer that decision and submit it to staff for a report on the impacts that this measure might have on land use and other issues. That report would have to be presented back to the City Council within 30 days.
Councilmember Monroe asked about the cost of a special election.
Mr. Foley responded that the City Clerk has received communication from the Registrar of Voters that, if the City Council were to conduct a Special Election and if this had qualified for a Special Election, the cost could be in excess of $400,000.
Mayor Pro Tem Downey asked what the cost to the City will be to add it to the regular 2008 General Election.
City Clerk Linda Hascup explained that Coronado would be consolidating with the rest of the cities in San Diego County so the cost in that instance would be approximately $8,000.
Councilmember Ovrom asked what the impact of the City's actions would be in regards to the Coastal Commission.
Mr. Foley responded that the when the City amends the Land Use Plan of the Local Coastal Program it needs to be submitted to the Coastal Commission for approval before it becomes valid. That happens when the zoning ordinance is changed, or when there are impacts to land use or the plan area. That would be the case if the City Council chooses to accept the condition and agree to the change. He believes that would still be the case if this were placed on the ballot and had a positive outcome in the election.
Mr. Ovrom pointed out that the Coastal Commission's answer is not always predictable. If they don't like this change does that make it go away or can it be modified if it has already gone through that process?
Mr. Foley thought that would be a good question to ask if this is referred to staff for a report. Technically speaking, the City Council could adopt other measures as a Council that would assist and facilitate the implementation of the measure itself. The text of the measure couldn't be changed but other parts of the Local Coastal Program could be altered that would make it compatible or address those issues the Coastal Commission would raise.
Mayor Pro Tem Downey said she is probably leaning toward getting a staff report because she has questions on impact. Based on her read of the initiative it is unclear from the wording whether this initiative would also impact not just what is referred to as 'the beach' but also the other sandy beach areas of Coronado, such as the areas by the Golf Course and Ferry Landing. She asked Mr. Foley whether he could give any indication based on the Coastal Plan whether or not this initiative would have impact in those areas as well.
Mr. Foley believes that the area of the element that is being suggested for amendment would apply equally to any sand area. He would have to review the program, but it does not appear to be clear under the initiative itself.
Tony Pena, Director of Community Development, agreed that, to have a definitive answer, a staff report should be completed. He does believe, though, that the more broadly it is worded, the more of the City it will capture. There is a need for a definitive description of what 'beach' is and where it is located. A map is needed as a part of the petition. Without that, through a broad interpretation, it could capture quite a bit of the City which was perhaps unintended by the petitioners.
Mayor Pro Tem Downey referred to Mr. Pena and Mr. Foley's comments that the wording of the initiative can not be changed. She asked, as one of the things the City could do should this be passed by either the voters or the City Council, if the City could then be able to go back and amend the Coastal Plan to specifically define 'beach' so that it puts the limit on it or would that run afoul%u2026
Councilmember Tanaka pointed out that the end of the petition wording states that the initiative measure may be amended or appealed only by a vote of the registered voters of the City of Coronado.
Ms. Downey clarified that she is talking about defining 'beach' in the Local Coastal Plan. That would not be amending the initiative; it would just be attempting to define it. She would like a legal read on how the City would do that. She can see both sides. She can honestly see the City getting a push back that it was attempting to undermine the initiative when all it was really doing was trying to define where it applies. She would like more clarification on that for herself and for the voters who would be voting on it.
Mr. Tanaka thinks that the City Council's options are very limited at this meeting. All they can do is raise questions they would want staff to answer, assuming this is referred to staff. He doesn't think that it is productive to have a theoretical discussion, but it is productive to raise points that staff can address. The wording on page 99 does say "%u2026whereas the beach is in and around the City%u2026" That is different than the title that says "The Coronado Beach". He would support finding out more about that.
Mayor Pro Tem Downey would like to get as many of Council's questions on the record so that when a report comes back it is very clear and the necessary questions are answered.
Councilmember Monroe thinks the definition of 'beach' does raise interesting questions. North Island is part of the City of San Diego. Mr. Pena explained that about 90% of the core of North Island is in Coronado jurisdiction since the annexation, but the City of San Diego has most of the perimeter. Mr. Monroe would like to see that further clarified in the report. Mr. Tanaka agreed that he would also like to see that analysis.
Mayor Pro Tem Downey has seen the map that explains that. She is not sure that the entire beach is San Diego. She thinks that there are portions that are and portions are not. She asked Mr. Foley to make an official City legal opinion as to whether or not there would be any issues or implications on the Navy beaches.
Susan Heavilin, 1144 Isabella Avenue, speaking as a representative of the Citizens for the Preservation of Coronado Beach (CPCB), explained that when this initiative was brought to the City it was done as an application for a Special Election. They were told they needed 1,100 votes for a regular election and 1,500 votes for a special election. Over 2,500 signatures were gathered. When they presented it to the City the City Clerk did request of the Registrar of Voters that a minimum of 1,500 votes to be verified, which they were. As for the writing in the initiative, she believes it exists, but the attorney for CPCB is waiting for a response for the City Attorney. This initiative was written after the lifeguard tower and the North Beach bathrooms were approved. The purpose of this initiative was to cease any future building on the sandy beach without first putting it before the vote of the people. That would be to say that, anything in the future that is decided to be built in the middle of the sandy beach would go before the people and the people could vote. She read in the latest Coronado Currents that the Lifeguard Service Building would be complete by May 2008. This is what this initiative is about. She asked that, if the City Council leaves the election date until November 2008 that it holds off on building this structure until the election takes place and the people can voice their opinion. If the City would like to do this sooner, the City Council should ask for a Special Election and let the people vote. Either way she asked that the City Council give the people a vote as to how they want building on their beach to proceed.
Mr. Foley clarified that he has been in touch with the petitioner's attorney and there is no outstanding communication.
Phil Manion, 911 Balboa Avenue, asked if the decision to build the lifeguard projects and the other facilities on the beach was voted on by the Coronado public, or if Coronado residents voted on the buildings that were built behind the Hotel Del Coronado. Mayor Pro Tem Downey responded that there has not been a vote taken. He then asked how else the Coronado citizens would have a better opportunity to participate in this than by voting. If the majority of the people of Coronado decide that they don't want to extend the building that is going on in certain areas, that is not an unreasonable request. Mayor Pro Tem Downey explained that there was no referendum or vote and that there are opportunities for this type of discussion at public workshops.
Councilmember Monroe responded to the speaker. He said that he has an email account and a telephone and is happy to dialogue at any time. The rest of the City Council would do the same.
Mr. Ovrom recalled that the land at the Hotel Del is owned by the Hotel and is not public beach. It was part of the Goodman Estate. All of the work that is going on down there is actually on Hotel Del owned land.
MSUC (Monroe/Ovrom) moved that the City Council accept the City Clerk's Certification of the results of the San Diego County Registrar of Voters' verification of signatures on the initiative petition.
AYES: Downey, Monroe, Ovrom, and Tanaka
MS (Monroe/Tanaka) moved that the City Council refer the proposed initiative to any City department for a report on its fiscal impact, its effect on the internal consistency of the General Plan or any other matters. The report must be presented to the City Council within 30 days after certification to the Council of the sufficiency of the petition. Following presentation of the report, the Council shall submit the measure to the voters at the November 4, 2008, General Municipal Election.
Councilmember Downey pointed out that the last section of 'c' says that "Following presentation of the report, the Council shall submit the measure to the voters at the November 4, 2008, General Municipal Election. At that point, the City Council is making the decision that it will not get a Special Election, that the City Council will not certify it, and that it is going to be put on the November ballot.
Councilmember Tanaka referred to page 94. It specifies, "Following presentation of the report, the Council shall do a or b."
Mr. Foley confirmed Ms. Downey's concern. Removing the last sentence of c would allow for alternatives.
Mr. Monroe amended his motion.
MSUC (Monroe/Tanaka) moved that the City Council refer the proposed initiative to any City department for a report on its fiscal impact, its effect on the internal consistency of the General Plan or any other matters. The report must be presented to the City Council within 30 days after certification to the Council of the sufficiency of the petition.
AYES: Downey, Monroe, Ovrom, Tanaka and
Mayor Pro Tem Downey asked for a list of issues that should be addressed in the report in addition to those that have been previously discussed.
Mr. Monroe would like to see the cost of a Special Election reported.
Mr. Tanaka would like some sort of background included on how many public meetings have been held and when this discussion started. He thinks that would help explain a little about what decision the Council might make.
Mayor Pro Tem Downey commented that the initiative isn't really about all the past things but she thought it might be helpful to have the report contain a history of projects that have been approved and the history of them that, under this initiative, would have required voter approval. Her concern is, based on the way she read the supporting documentation and the language in the initiative, everything from the Golf Course repairs to the new Marina to putting a bench over on the park at First Street could reasonably have to go to voter approval. Certainly, if staff comes up with something else it thinks the City Council should know as a ramification of this initiative, should it pass, and if there is a cost element to that, those should be included. She asked that the City Attorney find out what the Coastal Commission effect is going to be. She is not sure, once the voter initiative passes, what the Coastal Commission gets to do to overturn it. She thinks there is some case law on this.
Mr. Pena responded that it would have to be for the June 5th meeting unless there is a Special Meeting. The June 19th meeting would not make the 30 days.
Mr. Monroe commented that he would be out of town from the 6th to the 18th of June.
Mayor Pro Tem Downey requested that staff be able to get the report back for discussion at the June 5 meeting.
Mr. Monroe also suggested that they brush up on the procedures for participation by phone for a City Council member.
Mayor Smisek returned to the dais.
11d. Introduction of "An Ordinance of the City Council of the City of Coronado, California, Describing the Program of the Community Development Agency of the City of Coronado to Acquire Real Property by Eminent Domain as Required by Section 33342.7 of the California Health and Safety Code." The Community Development Plan for the City of Coronado Community Development Project prohibits the Agency from acquiring real property by exercising the power of eminent domain. However, to comply with SB 53, the Agency must adopt an Ordinance describing the Agency's plan of acquiring property by eminent domain. The following ordinance describes the Agency's program to acquire real property by eminent domain to be consistent with the adopted redevelopment plan. The ordinance restates the prohibition on the use of eminent domain by the CDA and reaffirms that the CDA shall not exercise the power of eminent domain. Under Consent, the City Council introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORONADO, CALIFORNIA, DESCRIBING THE PROGRAM OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF CORONADO TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN AS REQUIRED BY SECTION 33342.7 OF THE CALIFORNIA HEALTH AND SAFETY CODE. The Ordinance was read by Title, the reading in its entirety unanimously waived and placed by the City Council on FIRST READING.
12. CITY ATTORNEY: No report.
13. COMMUNICATIONS - WRITTEN: None.
14. CLOSED SESSION: None.
15. ADJOURNMENT: The meeting was adjourned at 5:10 p.m.
Approved: June 5, 2007
Tom Smisek, Mayor
Attest: City of Coronado
Linda K. Hascup
MINUTES OF THE
COMMUNITY DEVELOPMENT AGENCYCITY OF CORONADO City Hall Council Chambers Coronado, CA 92118
Tuesday, May 15, 2007
The Community Development Agency regular meeting was called to order at 5:10 p.m.
1. ROLL CALL:
Present: Members Downey, Monroe, Ovrom, Tanaka, and Smisek
Also Present: Acting Executive Director Jim Benson
Agency Attorney Morgan Foley
Agency Secretary Linda Hascup
2. MINUTES: The minutes of the Regular Meeting of May 1, 2007, copies having been delivered to each member of the Community Development Agency prior to the meeting, the reading in its entirety unanimously waived, were approved as amended.
3. ORAL COMMUNICATIONS: None
a. Executive Director: No written report.
b. Agency Secretary: No written report.
c. Agency Treasurer: Approval of Warrants - The Agency approved Warrants No. 90003369 through 90003389 as audited and approved by the Audit Committee, provided there are sufficient funds on hand.
d. Agency Attorney: No written report.
5. AGENCY BUSINESS:
a. Selection of a Developer for the Proposed Affordable Housing Project at 440-450 Orange Avenue. On March 6, 2007, the Agency Board authorized staff to distribute a Request for Qualifications (RFQ) to solicit qualifications from interested developers to design, build, and operate the proposed affordable rental housing project at 440-450 Orange Avenue. The Board approved a subcommittee to interview potential developers, recommend a developer to the Board, and work with the selected developer on the project scope and design.
In response to the RFQ, the Agency received one statement of qualifications from San Diego Interfaith Housing Foundation, the developer of the senior affordable rental housing development that is currently under construction. Staff contacted other affordable housing developers to question the limited response; they indicated that due to the small size of the project they would not be able to undertake the project unless they had other development projects within the immediate vicinity.
The subcommittee met on April 18, 2007 and April 25, 2007 to review and discuss the qualifications statement received. On April 30, 2007, the Subcommittee interviewed representatives from San Diego Interfaith Housing Foundation and its proposed architect, Rodriguez and Associates, Inc.
The developer presented a team comprised of the developer, an architect, and an operator who will manage the property once it is completed. When interviewing, the Subcommittee focused on the experience and expertise of the development team, the portfolio of work for each team member's function, the proposed vision for the project, and the performance during the interview. It is important that the Agency select a development firm that is experienced and capable of successfully designing, building, and managing the project because the Agency's relationship with the developer will last for at least 55 years.
Following the interviews, it is the recommendation of the Subcommittee that the Agency Board select San Diego Interfaith Housing Foundation as the developer for the project.
San Diego Interfaith Housing Foundation (SDIHF), formed in 1969, is a local San Diego nonprofit development firm that focuses on providing affordable housing in the region. Along with SDIHF, the developer selected the architect firm, Rodriguez and Associates, Inc. to design the project. Additionally, SDIHF has an affiliate nonprofit corporation, Interfaith Housing Assistance Corporation, which will manage the completed project.
An advantage of selecting SDIHF as the developer for the project is that the firm has a strong local focus. The firm has developed projects ranging from 22 to 150 units throughout the county. Reviewing the firm's development portfolio, it is apparent that the firm has had success working with communities and with local government entities (specifically redevelopment agencies). Additionally, many of the firm's projects appear to have met the needs of neighbors and tenants where the projects are located. The firm's development portfolio includes affordable housing developments in various San Diego communities such as Mission Valley, City Heights, North Park, and in the cities of Poway, Carlsbad, and El Cajon. In Coronado, SDIHF is currently developing the Senior Affordable Rental Housing Development and is working with staff on an agreement regarding the rehabilitation of 525 Orange Ave for affordable housing.
SDIHF has selected Rodriguez and Associates as its architectural firm. Rodriguez and Associates, Inc. have designed a variety of affordable housing projects throughout San Diego County. This is an important characteristic for the Agency's project to blend with the character of the Coronado community and surrounding neighborhood.
With the experience and knowledge of this team (SDIHF, Rodriguez and Associates, and Interfaith Housing Assistance Corporation), the Subcommittee is satisfied that San Diego Interfaith Housing Foundation will work with the Agency and City to build a project that will benefit the community.
During the exclusive negotiating period, the Subcommittee will work with the developer to design the project to maximize the number of units while meeting established design and development criteria. Additionally, the Subcommittee will develop a timeline for the project to involve representatives of the Design Review Commission and the community for input on preparing an initial project design. It is anticipated that the developer will present an initial design of the project to the Design Review Commission and to the Agency Board for approval, as well as follow through with regular approval processes for projects of this type
MSUC (Ovrom/Downey) approved to (1) accept the recommendation of the Subcommittee to select San Diego Interfaith Housing Foundation as the developer for the proposed affordable housing project at 440-450 Orange Avenue, (2) authorize the Executive Director to execute an Exclusive Negotiating Agreement with San Diego Interfaith Housing Foundation, (3), direct City staff to continue to work with the Subcommittee to refine the scope and design of the development, and (4) authorize staff to negotiate the terms and conditions of a Disposition and Development Agreement for future consideration.
AYES: Downey, Monroe, Ovrom, Tanaka, and Smisek
b. Appropriation of Funds for Termite Abatement at the Agency-Owned Affordable Housing Property Located at 445-451 Orange Avenue. In 2002, the Agency acquired the real property located at 445-451 Orange Avenue for affordable housing. The property consists of three small houses, currently occupied by three families. Recently the Agency's property manager, McKee Asset Management, notified staff that there is significant termite infestation at all three houses on the property. The property manager commissioned a termite report that indicated evidence of drywood termite infestation. The report recommends full tenting and fumigation. Therefore, tenants would be required to temporarily relocate for approximately three days and two nights.
Pursuant to the Agency's Property Management Agreement with McKee Asset Management, they will execute and manage the contract for the work, as well as handle tenant relocation. The property manager spoke with all three tenants and they are requesting to complete this work as soon as possible.
MSUC (Ovrom/Downey) approved to appropriate $6,000 from fund 290 to budget unit 290491-8030 for termite tenting and related expenditures for temporary tenant relocation.
AYES: Downey, Monroe, Ovrom, Tanaka, and Smisek
The Agency recessed into Closed Session at 5:15 p.m.
6. CLOSED SESSION:
a. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9
One (1) potential case
The regular meeting resumed at 6:06 pm.
The Agency Attorney reported that direction was given to the Agency's negotiator.
7. ADJOURNMENT: The Agency adjourned at 6:07 p.m.
Approved: June 5, 2007
Tom Smisek, Chair
Linda K. Hascup, Agency Secretary