06-1017_CC_Minutes_Regular MeetingMINUTES
OCTOBER 17, 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 54957.6, the City Council conferred with
its labor negotiator (City Manager) as to salary schedules and terms of
employment. The affected bargaining units are San Juan Capistrano Classified
Employees Association and San Juan Management and Professional
Employee's Association.
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 Mayor pro tem Allevato gave the invocation. Mayor
Swerdlin dedicated the meeting to the meeting in memory of Kim Gould, who passed
away at the age of 51.
ROLL CALL
' COUNCIL MEMBERS PRESENT: Diane Bathgate, Joe Soto, Wyatt Hart, Mayor pro
tem Sam Allevato, and Mayor David M. Swerdlin
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Bill Huber, Assistant City Manager;
John Shaw, City Attorney; Maria Morris, Deputy City Clerk; Cynthia L. Russell,
Administrative Services Director; Bill Cunningham, Interim Planning Director; Nasser
Abbaszadeh, Engineering & Building Director; John Elwell, Interim Public Works
Director; Karen Crocker, Community Services Director; Lt Mike Betzler, Chief of Police
Services; Teri Delcamp, Historic Preservation Manager; David Contreras, Associate
Planner; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Bathgate reported attendance at the South Orange County
Wastewater Authority Finance meeting and the Storytelling Festival.
Council Member Soto reported attendance at the Library Study kick-off meeting;
' Camino Real Playhouse presentation of "Broadway Under the Stars;" the South County
Material Recycling Facility Site Search Committee; Water Quality and Watershed
meeting; Orange County Library Board meeting; League of Cities meeting; Farewell to
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the Swallows BBQ to benefit the Fiesta Association; and the Classical Arts Series held
in La Sala at the Library. He extended happy birthday wishes to Council Member
Bathgate, Council Member Hart, and Mayor pro tem Allevato.
Mayor pro tem Allevato announced involvement in Orange County Fire Authority
recruitment process for Battalion Chief.
Mayor Swerdlin reported attendance at the Transportation Corridor Agency Finance and
Board meetings; Several City Council candidate forums; Camino Real Playhouse
fundraiser; American Legion meeting; informational meeting concerning Measure Y; and
the Storytelling Festival. He advised those interested in hosting Marines at their
Thanksgiving celebrations to contact the American Legion at 240-1322.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart announced the upcoming committee meeting of December 4,
2006; and advised the resident survey development process was underway with some
preliminary results available at the next meeting.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: the San Juan Capistrano Chamber of Commerce Four City
Mixer & Festival at Monarch Bay Plaza; The Shea Center's Rider's Cup Golf
Tournament at Coto de Caza Golf and Racquet Club; the opening of the Vereda
Bikeway undercrossing; Day of the Dead Celebration at the San Juan Capistrano
Library; Mission San Juan Capistrano events including a Kids Day, 230th Anniversary
celebration, and 10th Annual Vintage event. Free flu shots for seniors aged 50 and
over will be provided by the City at the San Juan Capistrano Community Center on
November 4, 2006, until noon.
INTRODUCTIONS. PRESENTATIONS, AND DONATIONS
LONG TERM EMPLOYEE GREG MARQUARD RECOGNIZED. (730.90)
John Elwell, Interim Public Works Director, recognized Greg Marquard for 20
years of service to the City; and Mayor Swerdlin presented him with a Certificate
of Appreciation.
2. COMMISSIONERS PRESENT AT MEETING INTRODUCED (110.10)
Mayor pro tem Allevato introduced the following individuals in attendance: Ken
Ficklin, Transportation Commission; Brad Gates, retired Orange County Sheriff,
Angela Duzich, former commissioner; and Rob Patterson, Orange County Fire
Authority.
10-17-2006
' ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Mayor pro tem
Allevato, and carried unanimously, 5-0, to approve items 1, 2, 3, 5, 6, 8, & 9 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
MINUTES OF THE SEPTEMBER 19, 2006, MEETING APPROVED AS
SUBMITTED.
3. RESOLUTION NO. 06-10-17-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REVISING ITS CONFLICT OF INTEREST CODE AND INCORPORATING THE
STANDARD CONFLICT OF INTEREST CODE PROMULGATED BY THE
CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION," ADOPTED.
4. RESOLUTION NO. 06-10-17-02 ADOPTED DECLARING THE WORK FOR
INSTALLATION OF THE TRAFFIC SIGNAL AT CAMINO DEL AVION AND VIA
' POSITIVA CAPITAL IMPROVEMENT PROJECT COMPLETED.
Council Member Hart removed this item from the Consent Calendar to
compliment staff for the traffic improvement; and ascertained that the additional
costs were as a result of the change in traffic signal location.
Council Action: Moved by Council Member Hart, seconded by Council
Member Bathgate and carried unanimously, 5-0, to adopt Resolution No. 06-10-
17-02, 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 CAMINO DEL
AVION AND VIA POSITIVA TRAFFIC SIGNAL (TERNO,INC.) (CIP NO. 405);'
accept Contract Change Order Nos 1 through 6, in the amount of $21,894.05;
direct the City Clerk to process recording of the project Notice of Completion; and
authorize staff to release the 10% retention , in the amount of $17,183.91, thirty-
five days after recordation.
5. FINAL TRACT MAPS NO. 16747, 16751, 16752, AND 15609 APPROVED AS
THEY CONFORM TO THE REQUIREMENTS SET FORTH IN THE
SUBDIVISION MAP ACT AND THE CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE TRACT MAPS 14196 AND 15609; THE CITY
ENGINEER AND THE CITY CLERK AUTHORIZED TO EXECUTE THE FINAL
MAPS; THE MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE THE
CORRESPONDING SUBDIVISION IMPROVEMENT AGREEMENTS AND
10-17-2006
ACCEPT THE CORRESPONDING SECURITIES; AND THE CITY CLERK
DIRECTED TO FORWARD THE MAPS AND CORRESPONDING
IMPROVEMENT AGREEMENTS TO THE COUNTY RECORDER. (600.30)
6. MASTER PERSONAL SERVICES AGREEMENTS TO PERFORM AND
EXECUTE ENGINEERING, BUILDING, AND ARCHITECTURAL SERVICES,
INCLUDING BUILDING AND ENGINEERING PLAN CHECK SERVICES FOR A
THREE (3) YEAR TERM WITH THE OPTION OF TWO (2) ONE-YEAR
EXTENSIONS, IN AMOUNTS NOT TO EXCEED $50,000 PER PROJECT
PROPOSAL, PER YEAR, APPROVED FOR THE FOLLOWING
CONSULTANTS: ENGINEERING AND BUILDING SERVICES — AMEC EARTH
& ENVIRONMENT, INC.; CHARLES ABBOTT ASSOCIATES, INC.; GEORGE G.
BOGHOSSIAN & ASSOCIATES, INC.; DAVID H. LEE & ASSOCIATES, INC.;
HETHERINGTON ENGINEERING, INC.; IDC CONSULTING; P & D
CONSULTANTS, INC.; PETER & ASSOCIATES; RBF ASSOCIATES; TETRA
TECH; WILLDAN. GENERAL ENGINEERING SERVICES — ADAMS
STREETER CIVIL ENGINEERS, INC.; AKM CONSULTING ENGINEERS;
AUSTIN-FOUST ASSOCIATES, INC.; BERRYMAN & HENIGAR; DARNELL &
ASSOCIATES, INC.; D -MAX ENGINEERING, INC.; GONG ENTERPRISES;
HALL AND FOREMAN, INC.; HARTZOG & GRABILL, INC.; J. L. PATTERSON;
KFM ENGINEERING; MBF CONSULTING, INC.; NORRIS-REPKE, INC.;
PBS&J; RK ENGINEERING GROUP; TOAL ENGINEERING; VA CONSULTING,
INC.; GEOTECHNICAL SERVICES — LAWSON & ASSOCIATES, INC. AND
PETRA GEOTECHNICAL, INC.; TRAFFIC SERVICES — URBAN
CROSSROADS, INC. LANDSCAPE DESIGN SERVICES — RIDGE
LANDSCAPING ARCHITECTS; RJM DESIGN GROUP; ROBERT CLARK
GRAVES, INC.; BUILDING SERVICES ONLY — ESGIL CORPORATION.
(600.30)
7. PURCHASE OF THREE (3) CITY VEHICLES FROM CAPISTRANO FORD
APPROVED. (370.30)
Mayor Swerdlin removed this item from the Consent Calendar to call attention to
the selection of Capistrano Ford as the lowest bidder; and encourage residents
to shop Capistrano Ford for their automobile needs.
Council Action: Moved by Mayor Swerdlin, seconded by Mayor pro tem
Allevato, and carried unanimously, 5-0, to approve the purchases of two (2) Ford
F150 trucks and one (1) Ford Escape Hybrid vehicle from Capistrano Ford, in the
amount of $60,535.02; and appropriate $27,240.00 from the AQMD/AB2766
fund.
8. AMENDMENT NO. 4 APPROVED TO THE SOCWA PC5 AGREEMENT, TO
PERMIT AND RECOGNIZE THE USE OF THE CITY OF SAN CLEMENTE'S
CAPACITY IN THE SAN JUAN CREEK OUTFALL FOR THE DISPOSAL OF
TREATED DRY WEATHER FLOWS BY THE CITY UNDER THE TERMS IN
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AMENDMENT NO. 4 AND AS SPECIFIED IN THE PROVISIONS OF THE
' NPDES PERMIT; AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.50)
9. ACCOUNT PAYABLE WARRANTS DATED SEPTEMBER 28, 2006, IN THE
AMOUNT OF $1,652,510.51; AND PAYROLL WARRANTS DATED OCTOBER
6, 2006, IN THE AMOUNT OF $268,688.21, RECEIVED AND FILED. (300.30)
PUBLIC HEARINGS - None
ADMINISTRATIVE ITEMS
F1. PLANNING DIRECTOR
a. RESOLUTION NO. 06-10-17.03 ADOPTED APPROVING AN AMENDMENT TO
ADD NEW PROPERTIES TO THE INVENTORY OF HISTORIC AND
CULTURAL LANDMARKS. (910.40)
Description: In conjunction with the recent Land Use Code Amendment process
for the Mission Hill -Mission Flats neighborhoods, the Planning Department
reviewed the potential for homes in the area to be designated on the City's
Inventory of Historic and Cultural Landmarks (INCL). Three property owners
' submitted requests to have their homes designated. The Cultural Heritage
Commission reviewed the requests and directed staff to prepare detailed historic
survey forms for the sites. Staff recommended Council adopt a resolution
approving an amendment to the Inventory of Historic and Cultural Landmarks to
add the following properties: 31319 Andres Pico Road (APN 124-201-24) —
Durnford/Marco Forster House); 31491 La Calera Street, (APN 124-212-16 —
Ross Ranch House; and 31501 La Matanza Street (APN 124-203-23) — Walter
Congdon House; C. C. McCary House.
Written Communications: Report dated October 17, 2006, by Teri Delcamp,
Historic Preservation Manager.
Presentation: Teri Delcamp, Historic Preservation Manager, summarized the staff
report.
Council Action: Moved by Council Member Hart, seconded by Council
Member Bathgate and carried unanimously, to adopt Resolution No. 06-10-17-
03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
CITY'S INVENTORY OF HISTORIC AND CULTURAL LANDMARKS BY
ADDING CERTAIN STRUCTURES WITHIN THE MISSION HILL -MISSION
FLATS NEIGHBORHOOD AND RESCINDING RESOLUTION NO, 97-11-18-1."
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b. CONCEPT TO CLOSE YORBA STREET FROM EL CAMINO REAL TO
CAMINO CAPISTRANO TO VEHICULAR TRAFFIC, FOR CREATION OF A
PEDESTRIAN PLAZA AND LINKAGE TO THE HISTORIC TOWN CENTER
PARK, APPROVED. (820.20)
Description: The staff formed a Downtown Sidewalk Improvement Team to
study the downtown area and make recommendations to improve pedestrian
circulation in the downtown area, identified Yorba Street as a potential area to
develop a downtown passageway and pedestrian plaza. Staff has prepared a
concept plan which includes enhanced park amenities, landscaping, and
pedestrian lighting; and improved traffic circulation on Camino Capistrano. The
centrally -located pedestrian plaza will showcase the City and improve the overall
pedestrian experience in the downtown area. Staff recommended Council
approve the proposed concept to close Yorba Street from EI Camino Real to
Camino Capistrano to vehicular traffic for the creation of a pedestrian plaza and
linkage to HTC Park.
Written Communications: Report dated October 17, 2006, by David Contreras,
Associate Planner.
Presentation: David Contreras, Associate Planner, summarized the staff report.
He noted that no costs estimates had been prepared to date.
Public Comment:
Ron Lachance, San Diego resident, requested the continuance of the Farmers
Market and Farmers Market vehicle access in the event Yorba Plaza was
created.
Angela Duzich, City resident, recommended staff pursue all available options,
including adding curbs to sidewalks, attractive landscaping, better signage and
streetlights along La Zanja and Acjachema Streets. She expressed concerns with
traffic impacts to local residents who use the side streets to avoid seasonal traffic
on Camino Capistrano.
Council Comments:
Council Members asked staff to look at the possibility of installing streetlights for
La Zanja and Acjachema Streets; take the left turn onto Camino Capistrano into
consideration when conducting the traffic study; consider an additional
pedestrian traffic safety improvement between the crosswalk at EI Adobe and
Verdugo Street; and ensure that Police Services is involved in the plaza design
from the onset. They supported continuation of the Farmer's Market; and
commented that a central City plaza would help build community, improve the
area yet retain its character, and provide an attractive destination area for
residents and tourists alike.
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' Council Action: Moved by Council Member Hart, seconded by Council
Member Soto, and carried unanimously, 5-0, to approve the proposed concept to
close Yorba Street from EI Camino Real to Camino Capistrano to vehicular traffic
for the creation of a pedestrian plaza and linkage to HTC Park.
RECESS AND RECONVENE
Council recessed at 7:58 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:59 p.m.
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 8:00 p.m. to
Tuesday, November 7, 2006, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the
Public-Rusiness Session, in the City Council Chamber.
CITY
Approved: November 21, 2006
ATTEST: /
DAVID M. SWERDLIN, MAYOR
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