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.
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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).
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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.
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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.
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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)
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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.
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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.
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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
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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
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