September 6, 2022 Coronado City Council Minutes Page 174
MINUTES OF THE
REGULAR MEETING OF THE
City Council of the City of Coronado
and the
City of Coronado Acting as the Successor Agency to the Community Development Agency of the City of Coronado
Held in the Council Chamber at:
1825 Strand Way
Coronado, California 92118
Tuesday, September 6, 2022
3:00 p.m. Closed Session Special Meeting
4:00 p.m. Regular Meeting
Note: The order in which items appear in the minutes is not necessarily the order in which they were discussed in the meeting.
1. CALL TO ORDER/ROLL CALL
The Closed Session Special Meeting of the City Council was called to order at 3:00 p.m. on Tuesday, September 6, 2022 in the City Council Chamber at City Hall with Mayor Bailey presiding.
A Quorum of members was present to conduct a meeting with the following results.
Present: (5) Councilmember Donovan; Councilmember Heinze; Councilmember Sandke; Councilmember Tanaka;
Mayor Bailey
Absent (0) None
Also Present (3) City Manager/Agency Executive Director Tina Friend City Attorney/Agency Counsel Johanna N. Canlas
(participated remotely via Zoom)
City Clerk/Agency Secretary Jennifer Ekblad
2. ANNOUNCEMENT OF CLOSED SESSION
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
a. Labor Negotiations
Agency Designated Representative: Tina Friend, City Manager September 6, 2022 Coronado City Council Minutes Page 175 Employee Organization(s): Self Represented and Executive Management Employees; The American Federation of State, County, and Municipal Employees (AFSCME), Local 127; Coronado Firefighters' Association (CFA); and Police Officers' Association (POA)
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code section 54956.9(d)(2)
a. One (1) Potential Case
Councilmember Sandke recused from Item 4a and left the Closed Session Room.
5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: QUARTERLY
LITIGATION REPORT
Pursuant to Government Code section 54956.9(d)(1)
a. Arthur Young, et al. v. City of Coronado
San Diego Superior Court Case No. 37-2018-00002255-CU-EI-CTL b. Brenda Bridgeford v. City of Coronado
San Diego Superior Court Case No. 37-2018-00051939-CU-WT-CTL c. Esteban Carrasco, et al. v. City of Coronado, Michael Joseph Hunter De Blieck San Diego Superior Court Case No. 37-2020-00011973-CU-PA-CTL d. Kari Anapol v. City of Coronado, County of San Diego, State of California San Diego Superior Court Case No. 37-2020-00021248-CU-PO-CTL e. League of California Cities, et al. v. FCC, et al.
United States Court of Appeals for the Ninth Circuit Case No. 20-71765 f. City of Coronado, et al v. San Diego Association of Governments San Diego Superior Court Case No. 37-2020-00033974-CU-MC-CTL g. Coronado Citizens for Transparent Government v. City of Coronado San Diego Superior Court Case No. 37-2020-00044167-CU-TT-CTL h. Coronado Citizens for Transparent Government v. City of Coronado San Diego Superior Court Case No. 37-2020-00049694-CU-TT-CTL i. Herron v. Feast & Fareway LLC and City of Coronado
San Diego Superior Court Case No. 37-2020-00036537-CU-OR-CTL j. Affordable Housing Coalition of San Diego v. Sandoval, et al.
Sacramento Superior Court Case No. 34-2012-80001158-CU-WM-GDS September 6, 2022 Coronado City Council Minutes Page 176 k. James Wentworth, Jon Scurlock v. City of Coronado
San Diego Superior Court Case No. 37-2021-00000841-CU-WM-CTL l. Californians for Homeownership v. City of Coronado
San Diego Superior Court Case No. 37-2021-00002339-CU-WM-CTL m. Californians for Homeownership, Inc. v. Coronado City Council San Diego Superior Court Case No. 37-2021-00029267-CU-WM-CTL n. Joseph Laurence Oliver v. City of Coronado, et al.
San Diego Superior Court Case No. 37-2021-00013204-CU-PO-CTL o. Smith v. City of Coronado, et al.
San Diego Superior Court Case No. 37-2021-00036740
p. Gutierrez v. O’Malley, et al.
San Diego Superior Court Case No. 37-2021-00039973-CU-PA-CTL q. DiLonardo v. Impact Activities, LLC, et al.
San Diego Superior Court Case No. 37-2021-000-22-774-CU-FR-CTL
6. COMMUNICATIONS ORAL: None.
7. ADJOURN TO CLOSED SESSION: 3:00 P.M.
Closed Session adjourned at 3:42 p.m. and Mayor Bailey reported the City Council approved by a vote of 5/0 to authorize special counsel to file an appeal on behalf of the City in the case of Young v. City of Coronado.
1. CALL TO ORDER/ROLL CALL
The Regular Meeting of the City Council was called to order at 4:00 p.m. on Tuesday, September 6, 2022 in the City Council Chamber at City Hall with Mayor Bailey presiding.
A Quorum of members was present to conduct a meeting by the following results.
Present: (5) Councilmember Donovan; Councilmember Heinze; Councilmember Sandke; Councilmember Tanaka; Mayor
Bailey
Absent (0) None
Also Present (3) City Manager/Agency Executive Director Tina Friend City Attorney/Agency Counsel Johanna N. Canlas
(participated remotely via Zoom)
City Clerk/Agency Secretary Jennifer Ekblad
September 6, 2022 Coronado City Council Minutes Page 177
2. INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Bailey led the Pledge of Allegiance.
3. MINUTES
Approval of the minutes of the Regular meeting of August 16, 2022. A motion to approve the minutes was made by Councilmember Sandke and seconded by Councilmember Heinze.
The motion carried by the following results.
Yes: (5) Councilmember Donovan; Councilmember Heinze;
Councilmember Sandke; Councilmember Tanaka;
Mayor Bailey
4. CEREMONIAL PRESENTATIONS: None.
5. CONSENT CALENDAR
Councilmember Sandke proposed items 10b and 10c be added to the Consent Calendar.
A motion to approve the Consent Calendar with the addition of items 10b and 10c was made by Councilmember Sandke and seconded by Councilmember Tanaka.
The motion carried by the following results.
Yes: (5) Councilmember Donovan; Councilmember Heinze;
Councilmember Sandke; Councilmember Tanaka;
Mayor Bailey
5a. Approval of Reading by Title and Waiver of Reading in Full of Ordinances on this Agenda
This item was approved under the Consent Calendar
5b. Review and Approve that the Warrants, as Certified by the City/Agency Treasurer, are all Correct, Just, and Conform to the Approved Budget for Fiscal Year 2021-22 and Fiscal Year 2022-23
This Financial Report was approved under the Consent Calendar 5c. AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AND RATIFY A ONE-YEAR EXTENSION AMENDMENT FOR THIRD-PARTY WORKERS’
COMPENSATION ADMINISTRATION WITH KEENAN & ASSOCIATES, FOR AN AMOUNT NOT TO EXCEED $131,193
Recommendation: Authorize the City Manager to execute and ratify a one-year extension amendment with Keenan & Associates, who will continue to provide third-party workers’ compensation claims administration including bill review, utilization review and medical management of the City’s active cases.
The Amendment was approved under the Consent Calendar.
September 6, 2022 Coronado City Council Minutes Page 178 5d. ADOPTION OF “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORONADO, CALIFORNIA, AMENDING ITS FISCAL YEAR 2022-23
PERSONNEL AUTHORIZATION AND COMPENSATION PLAN TO REFLECT CALENDAR YEAR 2023 CAFETERIA BENEFIT ALLOTMENT CHANGES” Recommendation: Adopt “A Resolution of the City Council of the City of Coronado, California, Amending its Fiscal Year 2022-23 Personnel Authorization and Compensation Plan to Reflect Calendar Year 2023 Cafeteria Benefit Allotment Changes.”
Resolution No. 2022-41 was adopted under the Consent Calendar. 5e. ADOPTION OF “A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A SUCCESSOR MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF CORONADO AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 127 (AFSCME) FOR FISCAL YEARS 2022-23 THROUGH 2024-25”
Recommendation: Adopt “A Resolution of the City Council of the City of Coronado Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Coronado and the American Federation of State, County, and Municipal Employees, Local 127 (AFSCME) for Fiscal Years 2022-23 through 2024-25 and Approving Corresponding Changes to the Personnel Authorization and Compensation Plan.”
Resolution No. 2022-42 was adopted under the Consent Calendar. 5f. REQUEST FOR TEMPORARY CLOSURE OF PORTIONS OF SIXTH
STREET, SEVENTH STREET, D AVENUE, AND PALM AVENUE FOR THE
ANNUAL CORONADO PUBLIC SAFETY OPEN HOUSE ON SUNDAY,
OCTOBER 9, 2022, FROM 6 A.M. TO 5 P.M.
Recommendation: Approve the temporary street closure for the Annual Public Safety Open House.
The Request was approved under the Consent Calendar.
5g. RESPONSE TO THE 2021/2022 SAN DIEGO COUNTY GRAND JURY
REPORT ENTITLED LOW INCOME PARKING CITATION PAYMENT PLAN COMPLIANCE WITH VEHICLE CODE §40220 LEGISLATIVE REQUIREMENTS Recommendation: Accept the staff report and approve the proposed response to be sent to the San Diego County Grand Jury.
The Letter was approved under the Consent Calendar.
5h. REVIEW THE RECOMMENDATION OF THE CULTURAL ARTS
COMMISSION FOR NONPROFIT BANNERS FOR THE SEPTEMBER
THROUGH THANKSGIVING 2022 AND JANUARY THROUGH MARCH 2023
SERIES OF THE ORANGE AVENUE STREET BANNER PROGRAM
September 6, 2022 Coronado City Council Minutes Page 179 Recommendation: Approve the recommendation of the Cultural Arts Commission for the following nonprofit banner series for Fiscal Year 2022-23: For September 15 through Thanksgiving 2022 display 20 poles featuring two banner designs for the Soroptimists (Attachment 1) and 10 poles featuring two banner designs from the Coronado Art Association. (Attachment 2) For January through March 2023 display 20 poles featuring two designs from United Through Reading (Attachment 3) and 10 additional banners featuring two designs from the Coronado Art Association. (Attachment 4)
The Recommendation was approved under the Consent Calendar.
6. ORAL COMMUNICATIONS
Tim Shidler provided comments regarding traffic safety and requested additional safety measures on A, B, and C Avenues.
7. CITY MANAGER REPORT
7a. Update on Council Directed Actions and Citizen Inquiries City Manager Friend provided updates on the Cays Master Plan update, the e-bike information campaign, and ongoing discussions with the County regarding water quality testing.
8. PUBLIC HEARINGS:
8a. PUBLIC HEARING: REQUEST FOR A ONE-LOT TENTATIVE PARCEL MAP
TO ALLOW FOR CONDOMINIUM OWNERSHIP OF TWO RESIDENTIAL UNITS AT 711 F AVENUE
Marisa Smith, Associate Planner, presented the staff report utilizing a PowerPoint presentation.
Mayor Bailey opened the public hearing and asked if anyone would like to provide comments regarding this item.
Curtis McGuire provided comments regarding the setback and height limit, citing privacy concerns.
Rick Turner, Kappa Engineering representative, affirmed that the setbacks and height limits were within allowable limits.
Mayor Bailey asked if anyone else wished to speak on this item in any way. No one asked to be heard; therefore, he closed the public hearing.
A motion to adopt Resolution No. 2022-40 was made by Councilmember Donovan and seconded by Councilmember Tanaka.
September 6, 2022 Coronado City Council Minutes Page 180 The motion carried by the following results.
Yes: (5) Councilmember Donovan; Councilmember Heinze;
Councilmember Sandke; Councilmember Tanaka;
Mayor Bailey
8b. PUBLIC HEARING: RECONSIDERATION OF THE APPEAL OF THE DESIGN REVIEW COMMISSION’S CONDITIONAL APPROVAL OF A
RESTAURANT REMODEL AT 1301 ORANGE AVENUE (DR 2022-06)
Councilmember Sandke recused from this item and left the dais.
Jesse Brown, Senior Planner, presented the staff report utilizing a PowerPoint presentation.
Mayor Bailey opened the public hearing and asked if anyone would like to provide comments regarding this item.
Leezie Kim, representative of appellant, requested that the Council make their final decision at this meeting, citing concerns over construction delay and impacts to business surrounding 1301 Orange Avenue.
Don Buttinger spoke in support of the appellant and provided comments regarding the quality of restaurants and shops in the City.
Jim Gallagher spoke in support of the appellant.
Phil Monroe spoke in opposition of the proposed design changes and provided comments regarding the Orange Avenue Specific Plan.
Chris Ackerman proposed alterations to the appellant’s design.
Chuck Steele spoke in support of the appellant.
Dave Gillingham, Chair of the Design Review Commission, provided comments regarding the proposed design changes.
John Turpit spoke in opposition of the proposed design changes and provided comments regarding the Orange Avenue Specific Plan.
Dave Landon, President of the Coronado Historical Association, spoke in opposition of the proposed design changes.
September 6, 2022 Coronado City Council Minutes Page 181 Susan Keith spoke in opposition the proposed design changes and provided comments regarding maintaining design congruity with the other buildings on Orange Avenue.
Rena Clancy, Executive Director of the Coronado Chamber of Commerce, spoke in support of the appellant and provided comments regarding the effect of construction on neighboring businesses.
Linda Charles spoke in opposition of the proposed design changes.
Joe Woods spoke in support of the appellant.
Dawn Richards spoke in opposition of the proposed design changes and provided comments regarding maintaining the character of the City.
John Duncan provided comments regarding the procedural processes of the appeal and public hearing.
Mayor Bailey asked if anyone else wished to speak on this item in any way. No one asked to be heard; therefore, he closed the public hearing.
Councilmember Donovan asked Ms. Kim about the appellants prior offer to keep the arch as-is. Ms. Kim affirmed that the offer still stands.
Mayor Bailey asked Mr. Brown if the plans from the appellant are compliant with the Orange Avenue Specific Plan. Mr. Brown replied in the affirmative. Mayor Bailey asked if building is considered historic. Mr. Brown replied in the negative. Mayor Bailey asked if the building is original or if the exterior has undergone significant changes. Mr. Brown replied that extensive remodeling of the façade in the 1990s.
Councilmember Heinze asked a clarifying question as to whether the arches existed on the building prior to the 1995 remodel. Mr. Brown replied that the arches predate the remodeling.
Mayor Bailey asked if the entryway size changed from the 1995 remodel to today. Mr.
Brown replied in the negative.
Mayor Bailey asked Ms. Canlas if Council can send the appeal back to the Design Review Commission. Ms. Canlas replied that pursuant to chapter 1.12 of the Coronado Municipal Code, Council must make the final decision and not remit to a lower body.
Councilmember Donovan stated that the City needs to move forward regarding the decision, citing possible litigation.
September 6, 2022 Coronado City Council Minutes Page 182 Councilmember Tanaka spoke in support of upholding the design plan concurrent with the Orange Avenue Specific Plan.
Mayor Bailey spoke support of maintaining the existing shape of the entryway arch but enlarging the size.
A motion to approve maintaining the original arch, the presented landscape plan, and adopt Resolution No. 2022-39 was made by Councilmember Donovan and seconded by Councilmember Heinze.
The motion carried by the following results.
Yes: (3) Councilmember Donovan; Councilmember
Heinze; Councilmember Tanaka;
No: (1) Mayor Bailey
Recused: (1) Councilmember Sandke
Mayor Bailey, Councilmembers Donovan and Tanaka disclosed that they had ex parte communications with Ms. Kim.
9. COMMISSION AND COMMITTEE REPORTS: None.
10. COUNCIL BUSINESS
10a. Council Reports on Inter-Agency Committee and Board Assignments Mayor Bailey reported that the Executive Director SANDAG has been acting against the direction of regional transportation plan as adopted by SANDAG by attempting to continue the “road usage tax,” charging drivers on a per-mile basis. 10b. EXTENSION OF TEMPORARY OUTDOOR DINING ALLOWANCES
Recommendation: Extend the temporary outdoor dining program and the waiver of parking requirements through December 31, 2023 or 365 days after California ends the current Covid State of Emergency, whichever date comes first.
The Recommendation was approved under the Consent Calendar. 10c. CORONADO CAYS PARK MASTER PLANNING PROCESS
Recommendation: Accept staff’s update, authorize termination of the existing consultant contract with Van Dyke Landscape Architecture (VDLA), and direct staff to return to the City Council with: (1) a proposed Request for Proposals for a Cays Park Master Plan and authorization to advertise based on current understanding of the project and community expectations; and, (2) a report on possible near-term programmatic alternatives that could be implemented at the City Council’s direction to better address requests for use of space in Cays Park The Termination was approved under the Consent Calendar.
September 6, 2022 Coronado City Council Minutes Page 183
13. ADJOURNMENT
Mayor Bailey adjourned the Regular meeting at 5:15 p.m.
Approved: September 20, 2022
___________________________________
RICHARD BAILEY, Mayor of the
City of Coronado
Attest:
___________________________________________
JENNIFER EKBLAD, City Clerk of the
City of Coronado