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06-0418_CC_Minutes_Regular MeetingMINUTES APRIL 18, 2006 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: 1. Pursuant to Government Code Section 54957, the City Council conducted a Performance evaluation of the City Manager, 2. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel regarding existing litigation: Martin E. and Marion E. Scalzo Family Trust, Frederick R. Scalzo, Co -Trustee v. City of San Juan Capistrano, OCSC Case Numbers: 05CCO1845 and 06CC04179. Council Member Soto abstained from consideration of this item. Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan Capistrano to order at 7:03 p.m. in the City Council Chamber. Council Member Soto led the Pledge of Allegiance and Council Member Allevato gave the invocation. Mayor Swerdlin dedicated the meeting to the memory of former Council Member Larry Buchheim and recognized the late Tom Rogers. ROLL CALL COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, Joe Soto, Mayor pro tem Sam Allevato, and Mayor David M. Swerdlin. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Maria Guevara, Deputy City Clerk; William M. Huber, Assistant City Manager; Cynthia L. Russell, Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Molly Bogh, Planning Director; Karen Crocker, Community Services Director; Kathleen Springer, Acting Public Works Director; Douglas D. Dumhart, Economic Development Manager; Teri Delcamp, Historic Preservation Manager; Ziad Mazboudi, Senior Civil Engineer; and Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Hart welcomed community member Jack Campbell, who recovered from a very serious illness. 4-18-2006 Council Member Bathgate reported attendance to a South Orange County Wastewater Authority meeting. Council Member Soto gave his condolences to the Buchheim and Rogers families. He wished a Happy Birthday to Dave Adams, City Manager. Mayor Swerdlin reported attendance at the Spring Fling and asked for funding for additional dances; welcomed the new members of the Leadership Academy; and reported attendance to a Transportation Corridor Agency meeting. NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Hart announced that meetings of the Northwest Area Strategies Committee have changed to the first Monday of each month with the next scheduled meeting for Monday, May 1, 2006. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced April events related to Earth Day activities and continued training by the American Red Cross; and May events in Los Rios Historical District. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS APRIL 22, 2006, PROCLAIMED AS EARTH DAY AND CITIZENS FOR ENVIRONMENTAL AWARENESS RECOGNIZED. (610.40) Mayor Swerdlin proclaimed April 22, 2006, as Earth Day in the City of San Juan Capistrano; invited the community to the Earth Day Fair on April 20, 2006; recognized Mechelle Lawrence and the Mission San Juan Capistrano for outstanding environmental and recycling efforts; and recognized Kathy Homan and the Ortega 4-H Rangers for environmental leadership. 2. MAY 1 THROUGH MAY 7, 2006 PROCLAIMED AS HISTORIC PRESERVATION WEEK. (610.40) Mayor Swerdlin proclaimed May 1 through May 7, 2006, as Historic Preservation Week and presented proclamations to the friends of the Library, Mission San Juan Capistrano; and the San Juan Capistrano Historical Society. 3. MAY 7 THROUGH MAY 13, 2006 DESIGNATED AS NATIONAL PET WEEK AND BE KIND TO ANIMALS WEEK. (610.40) Mayor Swerdlin proclaimed May 7 through May 13, 2006, as National Pet Week and Be Kind to Animals Week and presented a proclamation to Erin Kutnick, President of the Capistrano Animal Rescue Effort (CARE). 2 4-18-2006 4. CITY GUIDES DOCENT PROGRAM RECOGNIZED. (610.40) Teri Deicamp, Historic Preservation Manager, recognized the City Guides Docents for contributing to the City's Historic Preservation efforts; and Mayor Swerdlin presented them with their name badges. 5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Allevato introduced the following individuals in attendance: Jan Siegel, Cultural Heritage Commission; Erin Kutnick, Transportation Commission; Les Blair, Council Liaison to the San Juan Seniors; Jack Campbell Veteran of Foreign War Local Post; Dave Pierce, OCFA; Phil Schwartz, former Mayos; Marsha Schwartz, CARE; Jeff Williams, Rancho Mission Viejo Liaison to the City; and Tom Hribar, Boys & Girls Club President. ORAL COMMUNICATIONS Jack Campbell, City resident, thanked the City Council and City staff for their interest in his welfare. Michael P. Farah, Chairman of the Celebrity Foundation for Children, announced that proceeds from the Swallows Chili Cook -off will be used to send San Juan Capistrano children in need to a weekend retreat at their Celebrity Ranch. CONSENT CALENDAR Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously, 5-0, to approve items 1 through 3, 7 through 9 and 11 through 12 as recommended by staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF MARCH 21, 2006, APPROVED AS SUBMITTED. 3. MINUTES OF THE REGULAR MEETING OF MARCH 27, 2006, APPROVED AS SUBMITTED. 4. ACCOUNTS PAYABLE WARRANTS DATED MARCH 30, 2006, IN THE AMOUNT OF $1,547,967.07; AND PAYROLL WARRANTS DATED MARCH 24, 2006, IN THE AMOUNT OF $304,858.86, RECEIVED AND FILED. (300.30) This item was removed from the Consent Calendar to allow Council Member Bathgate to abstain. 3 4-18-2006 Council Action: Moved by Council Member Soto, seconded by Council Member Hart and carried 4-0-1, with Council Member Bathgate abstaining, to receive and file Accounts Payable Warrants dated March 30, 2006, in the amount of $1,547,967.07; and Payroll Warrants dated March 24, 2006, in the amount of $304,858.86. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Hart, Soto, Allevato, Mayor Swerdlin None Bathgate 5. CONTRACT FOR THE SWANNER HOUSE COMPLEX PAINTINGIREPAIR AWARDED TO THE LOW RESPONSIBLE BIDDER, INSLEY CONSTRUCTION, INC., IN THE AMOUNT OF $44,500, AND ALL OTHER BIDS REJECTED. (CIP NO.460) (600.30) This item was removed from the Consent Calendar to allow for public comment. Description: Bids were opened Friday 28, 2006, for the Swanner House Complex Painting/Repair project. The bids are valid until April 29, 2006, a period of sixty (60) days from the opening date. Staff recommended Council award the contract to the low responsible bidder, Insley Construction, Inc., in the amount of $44,500. Written Communications: Report dated April 18, 2006, by Teri Delcamp, Historic Preservation Manager. Presentation: Teri Delcamp, Historic Preservation Manager, summarized the staff report. She noted that staff ascertained that the subcontractor proposed to perform the lead-based paint abatement does have the necessary training certificate; and that the project is exempt from CEQA because the project consists of the repair and preservation of a historical resource consistent with the Secretary of the Interior's Standards. Public Comment: Moe Merzi, 2534 Oceanside Blvd. Oceanside, was concerned about the lead paint, disposal rules for the project and enforcement of CEQA laws. Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Hart and carried unanimously, 5-0 to award the contract for the Swanner House Complex Painting/Repair to the low responsible bidder, Insley Construction, Inc., in the amount of $44,500, and reject all other bids. 4 4-1$-2006 6. COOPERATIVE AGREEMENT BETWEEN THE CITY AND CALTRANS CONCERNING THE ORTEGA HIGHWAY (SR -74) AND INTERSTATE 5 (1-5) INTERCHANGE APPROVED (600.50) This item was removed from the Consent Calendar for clarification by Mayor Swerdlin. Description: The 1-5 and SR -74 Interchange project is being planned to mitigate current congestion and operational problems occurring daily at the interchange in addition to accommodating future traffic needs. The purpose of the Cooperation Agreement is to provide for a cooperative effort between City and State in the development of a preliminary design study and environmental documentation of interchange improvements, which the parties anticipate will take approximately 2 years. Construction and preparation of detailed Plans, Specifications, and Estimate of the project will be the subject of a future Agreement. Staff recommended approval of the Cooperative Agreement. Written Communications: Report dated April 18, 2006, by Nasser Abbaszadeh, Engineering and Building Director. Presentation: Nasser Abbaszadeh, Engineering and Building Director, summarized the staff report. Council Comments: Council Members concurred that this project was the City's top priority; encouraged staff to fast track the project as much as possible for the benefit of the City's residents; thanked CalTrans for their assistance; and encouraged the residents to support Measure M in order to fund the proposed improvements. Council Action: Moved by Council Member Soto, seconded by Council Member Hart and carried unanimously, 5-0, to approve the Cooperative Agreement between the City and CalTrans to jointly prepare a Project Report (PR) and an Environmental Document (ED) for improvements at the Ortega Highway (SR -74) and Interstate 5 (1-5) Interchange. 7. CHANGER ORDER NO. 1, FOR A TOTAL INCREASE OF $4,076.00 RATIFIED; TRANSFER OF FUNDS IN THIS AMOUNT FROM THE WATER REPLACEMENT FUND TO CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENT PROJECT APPROVED; RESOLUTION NO. 06-04-18-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS PROJECT (CIP# 767) (JOHNSON- PELTIER);" AND THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION. (600.30) 5 4-18-2006 8. CASH BALANCES BY FUND, FEBRUARY 28, 2006, RECEIVED AND FILED (330.50) 9. REPORT OF INVESTMENTS, MONTH ENDING FEBRUARY 28, 2006, RECEIVED AND FILED. (350.30) 10. EXTENSION OF AGREEMENT WITH PYRO SPECTACULARS/SAN DIEGO FIRE WORKS, FOR THE 4TH OF JULY CELEBRATION FIREWORKS APPROVED. (600.30) Council Member Soto removed this item from the Consent Calendar for clarification. Council Member Soto ascertained that no concerns were expressed by the Parks, Recreation, and Equestrian Commissioners at their April 17, 2006, meeting. Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Allevato, and carried unanimously, 5-0, to approve extension of agreement with Pyro Spectaculars/San Diego Fire Works, for the 4th of July Celebration Fireworks Sky Concert, in the amount of $26,000. 11. REORGANIZATION OF THE ADMINISTRATIVE SERVICES DEPARTMENT APPROVED; AND RESOLUTION NO. 06-04-18-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN," ADOPTED. (70020) 12. LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND MISSION HOSPITAL REGIONAL MEDICAL CENTER FOR USE OF A PORTION OF THE LACOUAGUE BUILDING FOR $395 PER MONTH FOR (2) YEARS, APPROVED. (600.30) PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 8:00 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:01 p.m. 6 4-18-2006 ADMINISTRATIVE ITEMS G1. CITY CLERK a. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATED TO MEMBERSHIP OF THE HOUSING ADVISORY COMMITTEE APPROVED. (TITLE 2, SECTION 2- 2.202) (110.10) Description: An ordinance is required to approve the Council Subcommittee recommendation to reduce the number of Housing Advisory Committee Members from 7 members to 5 members. Staff recommended Council approve the first reading and introduction of the Ordinance. Written Communications: Report dated April 18, 2006, by Meg Monahan, City Clerk. Presentation: Maria Guevara, Deputy City Clerk, reviewed the staff report. Maria Guevara, Deputy City Clerk, read the title of the ordinance, entitled: "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, SECTION 2-2.202 OF THE SAN .JUAN CAPISTRANO MUNICIPAL CODE RELATED TO MEMBERSHIP OF THE HOUSING ADVISORY COMMITTEE." Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Allevato, and carried unanimously, 5-0, to approve the Ordinance amending the San Juan Capistrano Municipal Code Related to Membership of the Housing Advisory Committee. G2. CITY MANAGER a. CONCEPT OF RENEGOTIATING THE GROUND LEASE OF LOT 4 OF TRACT 103 TO PERMIT REVITALIZATION OF THE MEXICO LINDO/SAN JUAN SALOONNAQUERO WEST BUILDING, APPROVED. (600.20) Description: Berrington Properties, the new owner of the former Vaquero West building located at 26755 Verdugo St., submitted a letter requesting renegotiation of the City's ground lease for the multi -model parking area in order to utilize the area behind the building to renovate and expand the former Mexican Lindo/San Juan Saloon/Vaquero West building. The concept approval of the lease amendment would permit the owner to make a development application. Staff recommended Council approve the concept of renegotiating the ground lease over Lot 4 of Tract 103 to permit revitalization of the Mexico LindolSan Juan Saloon/Vaquero West Building. 7 4-18-2006 Written Communications: Report dated April 18, 2006, by Douglas D. Dumhart, Economic Development Manager. Presentations: Douglas D. Dumhart, Economic Development Manager, reviewed the staff recommendation. Mr. Altman, narrated a slide presentation and displayed photographs of the damage to the existing structure. He discussed parking issues, the benefits associated with revitalization of the building, and conceptual plans for expansion. Molly Bogh, Planning Director, reported that many large cities are reducing their parking ratios in downtown areas because visitors typically visit more than one destination. This forces businesses to work together and encourages pedestrians to walk toward multiple destinations. She noted that demand for parking in the downtown area may be unequal due to motorists' preferences. She recommended Council consider alternative parking options in order to allow redevelopment in the downtown area. Public Comment: Debra Herkinhoff, City resident and downtown small business owner, was concerned with increased demand for parking; loss of public open space; and maintaining convenient parking for her business. Council Comment: Council Members supported the concept of renegotiating the ground lease to allow revitalization of the property; expressed concerns regarding the scale of the proposed square footage expansion; agreed the waiting area could be reduced but overall was aesthetically pleasing and was a pedestrian friendly and inviting gateway to the City; and supported the staff recommendation to explore parking options and/or reduction in the parking ratios of the downtown area. Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously, 5-0, to approve the concept of renegotiating the ground lease of Lot 4 of Tract 103 to permit revitalization of the Mexico Lindo/San Juan SaloonNaquero West Building. David Adams, City Manager, clarified with Council that the parking study will take place within the next fiscal year; and announced that the findings of the staff study of downtown pedestrian access will be presented soon. ORDINANCES - None 8 4-18-2006 COUNCILMANIC ITEMS - None ADJOURNMENT There being no further business, Mayor Swerdlin adjourned the meeting at 8:57 p.m. to Tuesday, May 2, 2006, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public Business Session, in the City Council Chamber, Respectfully 12. MONAHAN, CITY CLERK roved: May 16, 2006 ATTEST: AVID M. S ERDLIN, MAYOR 1 1 9 4-18-2006