06-0620_CC_Minutes_Regular MeetingC
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MINUTES
JUNE 20, 2006
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes:
Pursuant to Government Code sections 54956.9(b)(3)(C) and (c), the City
Council reviewed and discussed pending claims against the City: Buntich
Construction Co.; Scalzo Trust; and potential claim against property owner at
30738 Paseo Elegancia, San Juan Capistrano, regarding possible equestrian
easement encroachment violation. (Council Member Soto left the room and was
not involved in discussion related to the Scalzo Trust.)
Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:02 p.m. in the City Council Chamber. Council Member Hart led
the Pledge of Allegiance and Council Member Allevato gave the invocation.
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; Meg
Monahan, 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; Nasser Abbaszadeh, Engineering and Building Director; Karen
Crocker, Community Services Director; Douglas D. Dumhart, Economic Development
Manager; Michelle Perea, Administrative Assistant; Jack Galaviz, Public Works
Manager; Peter Salgado, Senior Civil Engineer; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Swerdlin reported that the City Council unanimously authorized code
enforcement action to be filed for code violations at an address within the City limits.
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto reported attendance at events including the City sponsored
Leadership Academy graduation and Waste Reduction Awards Program (WRAP). He
congratulated the City and Ziad Mazboudi, Senior Civil Engineer, individually, for the
awards received at WRAP in recognition for the City's efforts at waste reduction. He
offered condolences to the families of the late Jim Parker, a long time volunteer with the
6-20-2006
Associated Seniors Action Program, and the late Rusty Hanson, whose father Ron is
well known in the community.
Council Member Bathgate reported attendance at a recent South Orange County
Wastewater Authority finance committee meeting and a San Juan Basin Authority
meeting at which the budget was approved.
Council Member Hart reported attendance at a Breakthrough San Juan Capistrano
Advisory Board meeting. Breakthrough San Juan Capistrano is a program involving
students teaching students and is the first program of its kind in Orange County.
Mayor pro tem Allevato reported attendance at a public workshop concerning the I-
5/Ortega Highway interchange alternatives; a Shea Therapeutic Riding Center function;
and a City sponsored luncheon for the 11th Battalion of the 1st Division, Camp
Pendleton Marines, who recently returned from duty in Iraq. He noted the City may
adopt this Battalion to assist them and their families.
Mayor Swerdlin reported attendance at the Mission Hospital Mayors' update;
Leadership Academy graduation; and Toll Road Agency's meeting. He was elected
Secretary of the San Joaquin Hills Toll Road Authority. He announced the Orange
County Vector Control, Vector of the Month, Deer Mice.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Please see Consent Calendar Item No. 6.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events including Summer Nites concerts; a San Juan Capistrano
Library concert; Mission San Juan Capistrano concert series; and the 4th of July
celebration at the Sports Park.
INTRODUCTIONS PRESENTATIONS, AND DONATIONS
1. CAITLIN MAROLF PRESENTED WITH MAYOR'S AWARD -YOUTH OF THE
YEAR. (610.40)
Mayor Swerdlin recognized Caitlin Marolf for her spirit, dedication and
contributions to the community and presented her with the Mayor's Award for
2006 Youth of the Year.
2. SADDLEBACK VALLEY CHRISTIAN SCHOOL'S WARRIORS BASEBALL
TEAM RECOGNIZED. (610.40)
2 6-20-2006
Mayor Swerdlin recognized Saddleback Valley Christian School's Warriors
' baseball team for winning the school's first-ever California Interscholastic
Federation title on June 1, 2006.
3. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Allevato recognized the following individuals in attendance: Joann
de Guevara, Housing Advisory Committee; Chief Dave Pierce, Orange County
Fire Authority; Marlene Draper, Capistrano Unified School District Chair; and
Stan Wylazlowski, Executive Director of the Chamber of Commerce.
ORAL COMMUNICATIONS
Pat Forster, City resident, announced an October 7, 2006, reunion of the former
Capistrano Union High School for all graduates. He requested the City's help in
accessing a "C" monument adjacent to City reservoirs off Peppertree Lane. Dave
Adams, City Manager, responded that Jack Galaviz, Public Works Manager, would
assist with this.
Michael McHenry, City resident, requested that the crosswalk at Camino Del Avion and
Avenida Descanso remain to serve children crossing to Marco Forster and Del Obispo
schools. He submitted a petition supporting the request to the City Clerk.
' Elayne Hoyle, City resident, also requested the crosswalk remain in place. Nasser
Abbaszadeh, Engineering and Building Director, advised that Mr. McHenry and Ms.
Hoyle will be notified when the proposed signal at Camino del Avion and Via Positivo
goes before the Traffic Commission.
David Koffs, City resident, was concerned with maintenance of a horse trail near his
house and how that related to the proposed Los Corrales Maintenance district.
Tom Hribar, City resident, suggested the City reconsider the extension of Paseo
Adelanto to Avenida de La Vista in light of the low income housing proposed for the
Little Hollywood area; and research traffic congestion relief solutions for Alipaz, Del
Obispo, Camino Capistrano, and Los Rios.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to approve items 1, 2, 4, 5, 7, 8, and 10
through 13 as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
I2. MINUTES OF THE MAY 16, 2006, REGULAR MEETING OF THE CITY
COUNCIL APPROVED AS SUBMITTED.
3 6-20-2006
3. PLANS AND SPECIFICATIONS FOR THE SAN JUAN CAPISTRANO
REGIONAL LIBRARY COMPLEX, PHASE III — ROOF REPAIRS APPROVED;
AND STAFF AUTHORIZED TO RECEIVE BIDS (CIP NO. 454) (600.30)
Council Member Soto removed this item from the Consent Calendar in order to
commend staff for their progress on the library improvements and to raise
awareness of the ongoing upgrades.
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart and carried unanimously, 5-0, to approve the plans and
specifications for the San Juan Capistrano Regional Library Complex, Phase III —
Roof Repairs (CIP No. 454); and authorize staff to receive bids.
4. AGREEMENT WITH THE CHAMBER OF COMMERCE FOR VISITOR
INFORMATION SERVICES FOR FISCAL YEAR 2006-2007, IN THE AMOUNT
OF $26,000, APPROVED. (600.30)
5. PERSONAL SERVICES AGREEMENT WITH COME LAND MAINTENANCE
COMPANY, INC. FOR PERFORMANCE OF CUSTODIAL SERVICES FOR A
THREE-YEAR PERIOD, COMMENCING JULY 1, 2006 AND ENDING JUNE 30,
2009, IN THE AMOUNT OF $198,834.00, APPROVED (CITY COUNCIL
PRIORITY No. 1a) (600.30)
6. THE CITY MANAGER AUTHORIZED TO ENGAGE THE SERVICES OF THE
TRUST FOR PUBLIC LANDS TO ASSIST WITH THE CITY'S OPEN SPACE
EFFORTS. (530.40)
Council Member Hart removed this item from the Consent Calendar to endorse
the request to engage the services of the Trust for Public Lands, a non profit
organization providing free assistance to entities engaged in open space
concerns.
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Allevato, and carried unanimously, 5-0, to authorize the City Manager to
engage the services of the Trust for Public Lands to assist with the City's Open
Space efforts by executing the Technical Assistance Letter.
7. ACCOUNTS PAYABLE WARRANTS DATED JUNE 8, 2006, IN THE AMOUNT
OF $897,148.05; AND PAYROLL WARRANTS DATED JUNE 2, 2006, IN THE
AMOUNT OF $257,644.70, RECEIVED AND FILED. (300.30)
8. SAN JUAN CAPISTRANO LITTLE LEAGUE REQUEST FOR TEMPORARY
EXTENSION OF EVENING BALL FIELD LIGHTING AT THE SAN JUAN
CAPISTRANO SPORTS PART, HAUSDORFER FIELD, APPROVED. (920.10)
4 6-20-2006
L
Written Communication: Email dated June 15, 2006, from Gia Lugo -Overton,
San Juan Little League alumni, no residence given, supporting the request.
9. PERSONAL SERVICES AGREEMENT WITH BOTACO, INC. FOR
PERFORMING LANDSCAPE MAINTENANCE SERVICES APPROVED (600.30)
This item was removed from the Consent Calendar to allow Council Member
Soto to abstain.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Bathgate and carried 4-0-1, with Council Member Soto abstaining, to
approve the Personal Services Agreement with BotaCo, Inc., for performing
landscape maintenance services for a three-year period, commencing July 1,
2006 and ending June 30, 2009, in the amount of $901,152 ($300,384 per year).
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Allevato, Bathgate, Hart, Mayor
Swerdlin
None
Soto
10. CONSTRUCTION CONTRACT FOR THE SAN JUAN CREEK WATERLINE
CROSSING AT VIA ESTENAGA AWARDED TO S. PARKER ENGINEERING,
IN THE AMOUNT OF $295,200. (CIP NO. 767) (FEMA DR -1577) (600.30)
11. SOUTH ORANGE COUNTY WASTEWATER AUTHORITY'S (SOCWA) FISCAL
YEAR 2006-2007 BUDGET APPROVED; AND THE CITY'S SHARE OF
$2,090,000 ADOPTED AND TO BE ALLOCATED TO THE VARIOUS SOCWA
ACCOUNTS AND FUNDED FROM THE SEWER ENTERPRISE REVENUES.
(330.50)
12. PERSONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., IN
THE AMOUNT OF $144,000, FOR CIVIL ENGINEERING DESIGN SERVICES
RELATED TO THE ORTEGA HIGHWAY 12 -INCH PIPELINE, PROJECT E1 OF
THE SAN JUAN CAPISTRANO DOMESTIC WATER MASTER PLAN SYSTEM,
APPROVED. (CIP NO. 754)(600.30)
13, PERSONAL SERVICES AGREEMENT, IN THE AMOUNT OF $106,080, FOR
THE PERIOD OF ONE YEAR, WITH NATURE'S IMAGE, INC. FOR HABITAT
RESTORATION MAINTENANCE SERVICES FOR THE 760 S RESERVOIR
PROJECT, APPROVED. (CITY COUNCIL PRIORITY NO. 14A) (CIP# 791)
(600.30)
PUBLIC HEARINGS
ANNUAL ASSESSMENTS FOR CERTAIN MAINTENANCE DISTRICTS
APPROVED; AND RESOLUTION NO. 06-06-20-01, CONFIRMING THE
ASSESSMENTS AND AUTHORIZING THE ORANGE COUNTY AUDITOR -
CONTROLLER TO INCLUDE THE ASSESSMENTS ON THE PROPERTY TAX
ROLL, ADOPTED. (345.20)
Description: On May 16, 2006, the City Council adopted Resolutions No. 06-05-
16-03 and No. 06-05-16-02 declaring the City's intention to provide for annual
levy and collection of assessments for landscape maintenance in the Seaview,
Belford Terrace, Mission Springs, Mission Woods, Los Carrales, and Capistrano
Royale districts, and initiated the proceedings for the annual levy of assessments
for the six districts. Staff recommended Council adopt the resolution confirming
the assessments for the districts and authorizing the Orange County Auditor -
Controller's Office to include the assessments on the property tax roll.
Written Communications: Report dated June 20, 2006, by Michelle Perea,
Administrative Assistant.
Presentation: Michelle Perea, Administrative Assistant, summarized the staff
report.
Mayor Swerdlin opened the public hearing.
Public Testimony:
David Koffs, City resident, inquired into the work covered by the assessments
within Los Corrales maintenance district and commented regarding maintenance
needs of an adjacent horse trail. Jack Galaviz, Public Works Manager, clarified
that the horse trail maintenance was not part of the assessment and will work
with Mr. Koffs to identify trail maintenance needs.
Mayor Swerdlin closed the public hearing.
Council Action: Moved by Council Member Hart, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the annual
assessments for each Assessor's Parcel Number located within the following
maintenance districts: Tract 9284 (Seaview) -- $557.00; Tract 9382 (Belford
Terrace) -- $414.55; Tract 8485 (Mission Springs) -- $290.00; Tract 7673
(Mission Woods) -- $200.00; Tracts 9373/7654 (Los Corrales) -- $80.00; and
Capistrano Royale -- $1,110.00); and adopt Resolution No. 06-06-20-01,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE LEVY OF THE FISCAL
YEAR 2006/2007 ASSESSMENTS FOR THE LANDSCAPE AND OPEN SPACE
MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO. "
6 6-20-2006
' 2. RESOLUTION NO. 06-06-20-02 ADOPTED APPROVING THE FISCAL YEAR
2006-2007 OPERATING FUND BUDGETS; AND RESOLUTION NO. 06-06-20-
03 ADOPTED ESTABLISHING THE 2006-2007 APPROPRIATION LIMITATION.
(330.20)
Description: The City's Fiscal Year 2006/07 Operating Budgets provide the
financial guidelines for City operations for the coming year and include projected
costs for general operations, water and sewer operations, and other programs.
Staff recommended Council adopt a resolution approving the Fiscal Year
2006/07 Operating Fund Budgets; and adopt a resolution establishing the
2006/07 Appropriation Limitation of $49,730.875.
Written Communications: Report dated June 20, 2006, by Cynthia L. Russell,
Administrative Services Director,
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Mayor Swerdlin opened the public hearing, and there being no public testimony,
closed the public hearing.
' Council Action: Moved by Council Member Hart, seconded by Council
Member Soto and carried unanimously, 5-0, to adopt Resolution No. 06-06-20-
02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE FISCAL YEAR
2006/2007 OPERATING BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO;" and Resolution No. 06-06-20-03,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE XIIIB
APPROPRIATION LIMIT (GANN LIMIT) FOR THE 2006/2007 FISCAL YEAR."
3. RESOLUTION NO. 06-06-20-04 ADOPTED APPROVING THE 2006 — 2013
CAPITAL IMPROVEMENT PROGRAM. (330.40)
Description: Development of the Seven Year Capital Improvement Program is
required to provide consistency with the requirements of the State Congestion
Management Program and the County Measure M Program. Staff recommended
Council adopt the resolution approving the 2006-2013 Capital Improvement
Program.
Written Communications: Report dated June 20, 2006, by Jill Thomas,
Management Analyst II.
' Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
7 6-20-2006
Mayor Swerdlin opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Hart, seconded by Council
Member Bathgate and carried unanimously, 5-0, to adopt Resolution No. 06-06-
20-04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES RELATED TO THE 2006-2013 CITY SEVEN-
YEAR CAPITAL IMPROVEMENT PROGRAM."
RECESS AND RECONVENE
Council recessed at 8:07 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency, San Juan Capistrano Public Finance Authority, and San Juan
Capistrano Sewer Maintenance District No. 1 meetings; and reconvened at 8:14 p.m.
ADMINISTRATIVE ITEMS
11. CITY MANAGER
a. CENTRA REALTY CORPORATION OFFICE DEVELOPMENT PROPOSAL,
WITH REVISIONS, SELECTED AS THE PREFERRED PROPOSAL FOR LOT --
217 OF TRACT 12954 SURPLUS PROPERTY (APN 650-592-02)(CITY
COUNCIL PRIORITY NO. 10A) (670.70)
Description: On October 18, 2005, Council approved Resolution No. 05-10-18-
03, declaring a vacant lot on the northeast corner of Rancho Viejo Road and Golf
Club Drive surplus property. Staff received 6 proposals for the site: Centra Realty
Corporation -Residential Development; Centra Realty Corporation -Office
Developmetn; Church of Latter Day Saints -Ward Building; Metro Commercial -
Commercial Development; Olson Company -Residential Mixed Use; and R.D.
Olson Development -Hotel. The results of the survey from the adjacent Marbella
Homeowners indicate preferences for the Centra Realty -Office Commercial or
Centra Realty -Residential Town Homes; and the Marbella Master Association
Board has requested some of the sale proceeds go toward the immediate
overlay of Rancho Viejo Road from Ortega Highway to Junipero Serra. Staff
recommended Council select the preferred proposal concept for Lot 217 of Tract
12954, direct staff to prepare a Purchase and Sale Agreement for City Council
consideration, and initiate design plans for the overlay of Rancho Viejo Road.
Written Communications:
Report dated June 20, 2006, by Douglas D. Dumhart, Economic Development —
Manager.
6-20-2006
Email dated June 17, 2006, from Christine Speed, City resident, supporting the
' Centra Realty Office Commercial project as her first choice.
Presentation: Douglas D. Dumhart, Economic Development Manager,
summarized the staff recommendation.
Public Testimony:
Bill Bunker, City resident, representing the Church of Latter Day Saints (LDS),
provided an overview and benefits of their proposal to build a ward facility on the
land.
Greg Stapley, City resident, discussed the intangible benefits of a LDS facility to
the community and ward members.
Elisa Pulido, City resident, supported the LDS facility for the convenience of the
ward members, who currently travel to adjacent cities for services.
David Knowlton, Newport Beach resident, realtor representing the Church of
Latter Day Saints, assured the City the plans can be revised to address any
concerns they might have.
' Dr. Richard Wheatfill, City resident; supported the proposal of the Church of
Latter Day Saints.
Richard Lee, Newport Beach resident, representing Metro Commercial Realty,
provided details and requested support for their proposal for a commercial
facility.
Steve Sandland, Irvine, CA, representing Centra Realty Corporation, provided
information concerning their office development proposal. He offered to
purchase the property for the full assessed value of $4,450,000.
Ben Bengali, City resident, Marbella Home Owners Association President,
representing the HOA, relayed that the Marbella community supported the
Centra Realty office proposal as most compatible with their community use, the
developer has a proven track record, and it provides a future revenue stream to
the City. He also requested the overlay of Rancho Viejo Road as part of the
City's consideration of the proposals.
Council Comments:
Council Members concurred that the Centra Realty -Office Commercial proposal
was the least intrusive, most compatible to the area, and most beneficial to the
' City's revenue stream; agreed to the overlay of Rancho Viejo Road as part of the
9 6-20-2006
project approval; and recommended staff direct some of the sale proceeds to
park improvements and downtown amenities.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Allevato and carried unanimously, 5-0 to select the Centra Realty -Office
Development proposal as the preferred proposal for Lot 217 of Tract 12954 at a
purchase price of the appraised amount of four million four hundred fifty
thousand dollars ($4,450,000.00); with proceeds from the sale of the property to
be used to overlay Rancho Viejo Road and rehabilitation of parks, recreation,
and downtown facilities; direct staff to prepare a purchase and sale agreement
for City Council consideration; and direct staff to initiate design plans for the
overlay of Rancho Viejo Road
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 9:29 p.m. to
Monday, July 3, 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 submitted,
R. MONAHAN, CITY CLERK
July 18, 2006
ATTEST: A
DAVID M. S ERDLIN, MAYOR
10 6-20-2006