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CAPITOLA CITY COUNCIL
Thursday, December 13, 2007
6:00 P.M. – CLOSED SESSION – CITY MANAGER’S OFFICE
CAPITOLA REDEVELOPMENT AGENCY & CITY COUNCIL
At 6:03 p.m. in the City Hall Council Chambers, an announcement was made by Mayor Termini regarding the items to be discussed in Closed Session. No one addressed the Council at this time.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATIONSignificant exposure to Litigation Pursuant to Subdivision (b) of Govt. Code §54956.9 Number of Potential Cases: Two (Save the Habitat claim re: Rispin Mansion Project and Save the Habitat claim re: PG&E Gas Transmission Line) CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION Govt. Code §54956.9 Vieira Enterprises vs. City of Capitola (Cabrillo Mobile Estates) Surf & Sand LLC vs. City of Capitola (Surf & Sand Mobile Home Park) 6:55 P.M. REDEVELOPMENT AGENCY - (See Redevelopment Agency Action Minutes) ***
REGULAR MEETING OF THE CITY COUNCILMayor Termini called the Regular Meeting of the City Council to order at 7:02 p.m. in the City Hall Council Chambers, 420 Capitola Avenue, Capitola, California.
ROLL CALL AND PLEDGE OF ALLEGIANCEPRESENT: Council Members Bob Begun, Kirby Nicol, Ron Graves, Sam Storey, and Mayor Michael Termini; City Treasurer Tony Gualtieri ABSENT: None STAFF: City Manager Rich Hill, City Attorney John G. Barisone, Finance Director Lauren Lai, Community Development Director Juliana Rebagliati, Public Works Director Steve Jesberg, Chief of Police Rick Ehle, Assistant to the City Manager Lisa Murphy, and City Clerk Pamela Greeninger * * * PRESENTATIONS * * * Mayor’s Proclamation to Toni Castro, CEO of the Capitola-Soquel Chamber of Commerce [120-40] Mayor Termini read and presented the Mayor’s Proclamation Recognizing Toni Castro for her Leadership and Service to the Capitola Community as Chief Executive Officer of the Capitola- Soquel Chamber of Commerce.
Toni Castro thanked the Mayor for his proclamation. She loves Capitola and said it is a pleasure to live and work in the Capitola community. She said the Chamber began doing business on December 7, 1941, (Pearl Harbor Day) and just celebrated its 66th Anniversary. Toni said it is a real privilege working with the city staff and thanked the Council for their support. She announced that Chief of Police Rick Ehle would be the Chamber’s President next year. In closing Toni said she loves working with everyone and feels priv
Mayor’s Proclamation Honoring Community Bridges for 30 Years of Outstanding Service to the Santa Cruz County Community [120-40] Mayor Termini called Sam Storey, the Executive Director of Community Bridges, forward to accept the Mayor’s Proclamation Honoring Community Bridges for 30 Years of Outstanding Service to the Santa Cruz County Community. Mayor Termini read the entire proclamation and commended and thanked Community Bridges for all the services they provide for the children, families and seniors of Santa Cruz County.
Council Member Storey said it was a real honor to accept the Mayor’s Proclamation on behalf of the staff, the board, and all the volunteers of Community Bridges. He said it has been a pleasure for him to serve Community Bridges for the past 24 years, and it is particularly fitting to receive this award during the holiday season, as the ability for Community Bridges and other such groups to exist depends on the spirit of giving that lives in Santa Cruz County. Community Bridges could not provide the services they do without the people who generously serve and give to their fellow human beings. He hopes their organization has lived up to the community’s high expectations; they will continue to serve everyone in the community.
Mayor’s Proclamations to Local Residents Who Have Recently Served Our Country Overseas [120-40] Mayor Termini spoke of the appreciation he and others who are unable to serve have for the service many men and women have given for our country. He would like to recognize several local residents who have recently served our country overseas, and who have willingly put themselves in harm’s way. Mayor Termini then called each honored person’s name and that person or a family member accepted the Mayor’s Proclamation in Appreciation for his service.
Before the final applause for all the proclamation recipients, Mayor Termini commented on those who made the ultimate sacrifice and did not make it back.
1. REPORT ON CLOSED SESSION [520-25] City Attorney Barisone said the items discussed in closed session were those listed on the posted agenda. He said the Council met with the City Attorney concerning two matters of pending litigation. The first item was Vieira Enterprises vs. City of Capitola regarding Cabrillo Mobile Estates service reduction award to the tenants. He informed the Council that he learned today that the tenants of the mobile home park are being served on that matter. City Attorney Barisone also informed the Council that although he cannot represent the park tenants, he could provide information. If they have questions, the tenants could contact him. No reportable action was taken.
CAPITOLA CITY COUNCIL ACTION MINUTES – DECEMBER 13, 2007 PAGE 3
1. REPORT ON CLOSED SESSION (Continued) City Attorney Barisone said the Council received a very brief status report on the Surf & Sand Mobile Home Park matter and that they reviewed a letter prepared by special counsel in connection with that matter. No reportable action was taken.
The council discussed the Save the Habitat Claims pertaining to the PG&E gas transmission line and ongoing administration of the Stipulated Judgment in the settled lawsuit regarding the Rispin Mansion Project. City Attorney Barisone stated that Mayor Termini recused himself on this item due to a recently learned conflict of interest. City Manager Hill, Community Development Director Juliana Rebagliati and City Attorney Barisone provided a status report on those matters.
No reportable action was taken.
2. ORAL COMMUNICATIONS
B. Public Comments
1) Anna Marie Gotti, Capitola resident, informed the Council that the community is facing the prospect of the eventual loss of a tremendous community and regional resource
- Jade Street Park. She commented on the school district’s plans for a preschool at Jade Street Park. Ms. Gotti submitted petitions with approximately 1,000 signatures expressing opposition to the proposed preschool and urging the City Council to keep the current community recreational facilities located at Jade Street Park as is. She further requested that the council give this matter its highest priority and save Jade Street Park for future generations.
In addition to Ms. Gotti, the following people spoke in support of the petition to “Save Jade Street Park:” Michael Hobson, 10-year Capitola resident Richard Crocker, Capitola resident Ron Burke, Planning Commissioner and resident of the Jewel Box neighborhood Shirley Forsythe, a senior citizen who lives in the Jewel Box because it is close to Jade Street Park.
Debbie Johnson, business owner and resident of Capitola Nancy Brewer, resident for 4-1/2 years, supports retaining the Community Gardens at Jade Street Park.
Keith Gaylon, Capitola resident for over 20 years, gathered signatures on petitions Ron Lorenzo said he collected signatures, and everyone wants to keep the park.
Richard Glass, Opal Street resident Boris Seibert, Capitola resident, commented on the questions he asked Council Member Begun about this effort. Mr. Seibert expressed his concerns about education for the children in Capitola. He encouraged the council to provide educational facilities for our children and not take away the option for a preschool, but to work with the school district to provide education for children in Capitola.
Judy McGooden, Trustee of Soquel Union Elementary School District, said she was here tonight to provide answers to frequently asked questions concerning the Jade Street Site Planned Preschool Project. Ms. McGooden offered a handout of the project information to interested parties and left copies in the rear of the council chambers.
C. Staff Comments – None CAPITOLA CITY COUNCIL ACTION MINUTES – DECEMBER 13, 2007 PAGE 4 D. City Council/Treasurer Comments
1) Council Member Storey reported on the meeting of Monterey Bay Unified Air Pollution Control District Board, wherein the board divided the district between coastal and inland zones for the purpose of designating the number of burn days. Inland areas will have 5 to 10 more burn days.
2) Council Member Begun reported on the LAFCO meeting held the first Wednesday of the month. He said there would be hearings throughout the county pertaining to “Areas of Interest.”
3) Council Member Begun informed the Council that the City received a reply from Union Pacific concerning bridge inspections. Public Works Director Jesberg reported to the Council that a letter was received from Scott Moore of Union Pacific Railroad Company in response to the city’s letter about inspections of the railroad trestle over Soquel Creek.
He read excerpts from the letter regarding bridge inspections, which are done by UPRR twice each year.
4) Mayor Termini said he has one item, and that is to wish a “Happy Birthday” to Capitola resident, Juliette Bourgeois, who turns 100 years old tomorrow.
E. Committee Reports/Appointments
1) Appointments to the Capitola Art & Cultural Commission [1010-60/ 110-10] City Clerk Greeninger summarized the written agenda report and informed the Council that the Art & Cultural Commission met Tuesday night to interview two additional applicants for an At Large Member seat. The commission is recommending reappointment of 3 current members and appointment of James Wallace to fill the seat vacated by Bob Anderson.
Mayor Termini said he would reappoint current members Roy Johnson, Karen Nevis and Debbie Hale, and appoint James Wallace to fill the Art Large Member seat, as recommended by the Art & Cultural Commission.
ACTION: Council Member Nicol moved, seconded by Council Member Begun, to ratify the Mayor’s reappointments of Roy Johnson, Arts Professional Member, Karen Nevis, Artist Member, and Debbie Hale, At Large Member, and the appointment of James Wallace as a new At Large Member to the Capitola Art & Cultural Commission for two-year terms ending December 31, 2009. The motion carried unanimously.
F. Approval of Check Register Report [300-10] Mayor Termini asked if there were any questions on the check register report. There were none.
ACTION: Council Member Storey moved, seconded by Council Member Begun, to approve the Check Register Reports dated November 2, November 9, November 16, November 21, and November 30, 2007, including checks numbered 53650 through 53712 in the amount of $209,187.24, checks numbered 53713 through 53754 in the amount of $48,363.39, checks numbered 53755 through 53856 in the amount of $96,184.09, checks numbered 53857 through 53899 in the amount of $67,946.66, and checks numbered 53900 through 53977 in the amount of $115,543.32, respectively, and payroll disbursements for the November 9, 2007, payroll in the amount of $181,709.00 and for the November 21, 2007, payroll in the amount of $182,913.00, for a Grand Total of $901,846.70, as submitted. The motion carried on the following vote: AYES: Council Members Begun, Nicol, Graves, Storey, and Mayor Termini. NOES: None. ABSENT: None. ABSTAIN: None.
3. CONSENT CALENDAR (Continued) Council Member Graves asked for clarification on Items 3.D. and 3.I. Council Member Storey said he has several questions on Item 3.D. and asked to pull that item for separate discussion. He also had a quick question on Item 3.H. pertaining to the plans for the Esplanade Restroom Remodel. (See comments under those items below.) Mayor Termini advised that Item 3.D. would be discussed at the end of the meeting following Other Business Item 5.D. (See discussion and action on Page 8.) CONSENT CALENDAR ACTION: Council Member Begun moved, seconded by Council Member Nicol, to approve the Consent Calendar as recommended. The motion carried on the following
vote: AYES: Council Members Begun, Nicol, Graves, Storey, and Mayor Termini. NOES:
None. ABSENT: None. ABSTAIN: None.
A. Waive Reading of all Ordinances and Resolutions on the Agenda.
ACTION: The City Council unanimously approved the reading by title of all Ordinances and Resolutions and declared that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
B. Approve City Council Minutes – Regular Meeting of October 25, 2007, Special Meeting of October 30, 2007, and Regular/Joint Meeting with the Redevelopment Agency of November 8, 2007.
ACTION: Council Member Begun moved, seconded by Council Member Nicol, to approve the Minutes of the Regular Meeting of October 25, 2007, Special Meeting of October 30, 2007, and Regular/Joint Meeting with the Redevelopment Agency of November 8, 2007, as submitted. The motion carried on the following vote: AYES: Council Members Begun, Nicol, Graves, Storey, and Mayor Termini. NOES: None. ABSENT: None. ABSTAIN: None.
C. Receive Planning Commission Action Minutes for the Regular Meetings of November 15 and December 6, 2007. [740-50] ACTION: The City Council unanimously received the Planning Commission Action Minutes for the Regular Meetings of November 15, 2007, and December 6, 2007, as submitted.
D. Ratify Linhart Petersen Powers Associates (LP2A)/Bureau Veritas Contract for Building Department Plan Check Services. [720-10] Council Member Graves asked for clarification on Item 3.D. regarding whether staff was requesting an additional $10,000 over the $25,000 allocated in the budget. Building Official Kostelec said this matter was an administrative item since expenditures of $10,000 or more require Council approval. Council Member Storey said he also has some questions on that item and asked to pull Item 3.D. for separate discussion.