06-0815_CC_Minutes_Regular MeetingMINUTES
' AUGUST 15, 2006
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) - None
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 Bathgate
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; Maria
Guevara, Deputy City Clerk; William M. Huber, Assistant City Manager; Cynthia L.
Russell, Administrative Services Director; Molly Bogh, Planning Director; Nasser
Abbaszadeh, Engineering & Building Director; John Elwell, Interim Public Works
Director; Lt Mike Betzler, Chief of Police Services; Karen Crocker, Community Services
Director; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto reported attendance at the Mariachi Festival at the Mission
Council Member Bathgate reported attendance at the South Orange County
Wastewater Authority meeting as well as internal committee meeting with Council
Member Soto on water quality and water management.
Mayor pro tem Allevato announced that he will be conducting interviews with Council
Member Bathgate to fill a vacancy on Housing Advisory Board.
Mayor Swerdlin reported attendance at Orange County Transportation Authority
meetings; Vector Control meeting; and the Rotary fundraiser; and announced that the
Vectors of the Month were mosquitoes, black flies, biting midges, deer flies and chigger
mites.
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NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart announced the a water quality presentation was made at the last
committee meeting and the next meeting will be held on the first Monday in October.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming events including
the a San Juan Summer Nites concert, annual Barn Dance, 6th annual Rancho Mission
Viejo Rodeo, and The Oaks Blenheim Summer Classic.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
CERTIFICATE OF ACHIEVEMENT PRESENTED TO SAN JUAN STRIKERS
SOCCER TEAM (610.40)
Mayor Swerdlin presented a Certificate of Achievement to the San Juan Strikers
GUI Soccer Team, recognizing the team's outstanding performance in winning
the GU12 Finals in Hawaii.
2. CERTIFICATES OF APPRECIATION PRESENTED TO PHYLLIS WORTHY,
BETO RODRIGUEZ, RUBEN ROJAS, EVERADO LEMUS AND JOSE ROMERO
FOR LIFE-SAVING EFFORTS. (610.40)
Mayor Swerdlin recognized Phyllis Worthy, Beto Rodriguez, Ruben Rojas,
Everado Lemus, and Jose Romero for their actions to save an elderly man's life
on May 16, 2006. Lt. Rudy, representing the Orange County Sheriff's Department
Transit Police Services, presented the individuals with official commendations
and pins from Sheriff Corona. Tom Wilson, Fifth District Supervisor and Orange
County Transportation Authority Board Member, thanked them for their acts of
heroism.
AMERICAN FLAG THAT FLEW OVER IRAQ PRESENTED TO THE CITY OF
SAN JUAN CAPISTRANO (610.40)
Colonel Roy Chevallier presented the City with an American Flag that flew over
Iraq, which will be raised on City flag pole for 14 days to show the City's gratitude
to and support of our armed forces in Operation Iraqi Freedom. Mayor pro tem
Allevato presented Colonel Roy Chevallier with a certificate of appreciation.
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4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
' Mayor pro tem Allevato introduced the following individuals in attendance: Tom
Wilson, Fifth District Supervisor; Les Blair, Council Liaison to the San Juan
Seniors; Erin Kutnick, Transportation Commission; Gail Zukow, Parks,
Recreation and Equestrian Commission; Stan Wylazlowski, Chamber of
Commerce; and Patrick Antrim, Orange County Fire Authority Battalion Chief.
ORAL COMMUNICATIONS
Dee Dee Ostrow, City resident, expressed concern about encroachments on an
equestrian trail within the Marbella community. John Shaw, City Attorney, advised that
legal action would be filed shortly.
Heather Linquist, City resident, alleged that misrepresentations were made in a letter
sent by Marbella Property Owner's Association indicating that the majority of the
homeowners approved the sale of Lot 217, Tract 12954.
Stan Wylazlowski, Chamber of Commerce, thanked Council Members for attending the
Chamber of Commerce installation dinner; and announced an event by the South Coast
Christian Assembly. He read two letters the Chamber of Commerce expressing support
for the Yorba Street Plaza.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to approve items 1 through 4, and 6 through 8
as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JULY 18, 2006, APPROVED AS
SUBMITTED.
3. RESOLUTION 06-08-15-02, 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 KRUM RESERVOIR PIPELINE STABILIZATION
(CALEX ENGINEERING COMPANY)" ADOPTED; THE CITY CLERK
DIRECTED TO RECORD THE NOTICE OF COMPLETION; AND STAFF
AUTHORIZED TO RELEASE THE RETENTION 35 DAYS AFTER
RECORDATION. (FEMA -DR -1585)(600.30)
' 4. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 3, 2006 IN THE
AMOUNT OF $1,608,259.38; AND PAYROLL WARRANTS DATED JULY 28,
2006 1N THE AMOUNT OF $268,270.06, RECEIVED AND FILED. (300.30)
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5. INSTALLATION OF SPEED HUMPS ON CALLE JARDIN APPROVED. (590.50)
This item was removed from the Consent Calendar to allow for public comment.
Description: Following a request from residents, staff analyzed Calle Jardin for
speed humps based on criteria in Council Policy #420. A verified petition has
been submitted and the request is consistent with the required findings. The
Orange County Fire Authority (OCFA) has determined the response time for
existing conditions exceeds their response time goals and is recommending
against the installation of speed humps at this location. Staff recommended
approval of the speed humps request.
Written Communications:
Report dated August 15, 2006, by Alan Oswald, Senior Engineer/Traffic.
Email dated August 12, 2006, from Arthur and Maria Salas, City residents,
supporting the speed humps to slow down speeding drivers.
Email dated August 14, 2006, from Ellwood and Arillyn L. Johnson, City
residents, supporting the speed humps.
Email dated August 14, 2006, from Donna Drysdale, City resident, supporting the
speed humps to increase safety on the street.
Email dated August 14, 2006, from Laurence Johnson, City resident, supporting
the speed humps to the increase safety of children playing on the street and
decrease speeding cars.
Email dated August 14, 2006, from Debra Romero, City resident, opposed to the
speed humps because they may give children playing in the street a false sense
of security.
Email dated August 14, 2006, from Mike Hamilton, City resident, opposed to the
speed humps because they are unnecessary and suggesting officer enforcement
of the speed limit instead.
Email dated August 14, 2006, from Cindy and Les Bridges, City residents,
opposed to the speed humps because they contribute to car deterioration, may
not be effective against speeding traffic, and may divert traffic to adjacent streets.
Email dated August 14, 2006, from William Haaf, City resident, opposed to the
speed humps because they are unnecessary.
Letter dated August 14, 2006, from Will Timot, City resident, opposed to the
speed humps as unsightly, commercial appearing, and a nuisance to drivers.
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Letter dated August 14, 2006, from
residents, opposed to the speed humps,
to jarring caused by the speed humps
questioning the validity of notice.
Charles and Jacqueline Nemet, City
due to the potential of bodily harm due
to elderly and infirm residents; and
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report.
Public Testimony:
Lou Bryant, City resident, supported the installation of speed humps to increase
the safety of kids playing in park at end of street.
Cynthia Shields, City resident, supported the installation of speed humps to
decrease speeding cars and increase the safety of children and adults in the
neighborhood.
Council Discussion:
Patrick Antrim, Orange County Fire Authority Battalion Chief, attending the
meeting as the OCFA liaison, advised in response to a question from Mayor
Swerdlin that although he cannot speak to this particular installation, OCFA
typically does not endorse speed humps due to response time delays.
Council Members agreed to support the installation of speed humps due to the
high percentage of residents of the community in support; and felt that the benefit
of increased safety for residents and children outweighed the disadvantage of
increased OCFA response times. Mayor Swerdlin encouraged staff to limit the
number of speed humps to 3 if possible.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Bathgate and carried unanimously, 5-0, to approve installation of speed
humps on Calle Jardin between Paseo Pinto and Alipaz Street.
,
ARE CINDY RUSSELL, CITY TREASURER AND DAVE ADAMS, DEPUTY CITY
TREASURER. (350.30)
RESOLUTION 06-08-15-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING CURRENT THE INVESTMENT OF CITY MONIES IN THE
LOCAL AGENCY INVESTMENT FUND" ADOPTED; CURRENT OFFICERS
SAN JUAN CAPISTRANO PUBLIC LIBRARY PHASE II: BUILDING REPAIRS
CONTRACT CHANGE ORDER NO. 1 IN THE AMOUNT OF $161,420,
APPROVED. (3D CONSTRUCTION, INC.) (CIP NO. 454)(600.30)
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LICENSE AGREEMENT WITH SAN JUAN FAMILY FARM MUSEUM FOR THE
USE OF THE JOEL CONGDON HOUSE FOR $680 PER ANNUM, APPROVED;
AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. CITY
COUNCIL PRIORITY 16A (600.40)
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 8:20 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:21 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES - None
COUNCILMANIC ITEMS
RESOLUTION 06-08-15-01 APPROVED ADOPTING THE FIRST BATTALION,
11TH MARINE REGIMENT OF THE UNITED STATE MARINE CORPS AT
CAMP PENDLETON. (130.80)
Description: Mayor pro tem Allevato and Council Member Hart were approached _
by a group of residents interested in formally "adopting" a Marine Corps unit from
Camp Pendleton. The adoption process includes formation of an Adoption
Committee, comprised of local representatives and military support personnel, to
raise funds to take care of pressing needs that military families have while their
loved ones are stationed overseas. To help get the fundraising effort started, staff
is proposing that $2,500 be allocated from the 2006/07 Operational Budget from
the Community Organization Grant Fund. Staff recommended Council adopt the
resolution to adopt the First Battalion, 11t�' Marine Regiment; and allocate $2,500
from the Community Organization Grant Fund to assist the Adoption Committee.
Written Communications: Report dated August 15, 2006, by Dave Adams, City
Manager.
Presentation: Dave Adams, City Manager, summarized the staff
recommendation.
Public Comment:
Lieutenant Colonial Phillip Boggs, commander of the unit, thanked Council for
providing support for military families of men stationed overseas while the nation
was at war.
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Erin Kutnick, City resident, supported formation of the Adoption Committee to
' help military families while their loved ones are away serving the country.
Major General Jeremiah Pearson, thanked Council and the community for their
support and patriotic actions.
Council Comments:
Council Members encouraged the entire community to get behind this worthwhile
program; wholeheartedly endorsed the proposal; and thanked the military
community for the sacrifices they make in support of democracy.
Council Action: Moved by Mayor Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to adopt Resolution No. 06-08-15-01,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE FIRST BATTALION OF THE
11TH MARINE REGIMENT, UNITED STATES MARINE CORPS, CAMP
PENDLETON;" and allocate $2,500 from the Community Organization Grant
Fund to assist the Adoption Committee.
ADJOURNMENT
' There being no further business, Mayor Swerdlin adjourned the meeting at 8:21 p.m. to
Tuesday, September 5, 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,
MAR/GAIRET R. MONAHAN, CITY CLERK
September 19, 2006
ATTEST:
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