04-0120_CC_Minutes_Regular MeetingMINUTES
January 20, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) — 5:00 p.m.
A closed session was held for the following purposes, as authorized by statute:
Pursuant to Government Code section 54956.8 the Council conferred with City's
Real Property Negotiator (City Manager) regarding the sale of real property
described as APN 121-050-21 to potential purchaser Mercy Housing Corp.
2. Pursuant to Government code section 54956.9(b)(1), the City Council conferred
with its legal counsel regarding one matter.
Mayor Soto called the regular meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:01 p.m. in the City Council Chamber, Boy Scout
Michael Martin, Troop 724, led the Pledge of Allegiance and Council Member Swerdlin
gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, David M. Swerdlin, John S. Gelff,
Mayor pro tem Wyatt Hart, and Mayor Joe Soto.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager, Cynthia L. Russell, Interim Assistant
City Manager/Administrative Services Director; John Shaw, City Attorney; Meg
Monahan, City Clerk; Bill Cunningham, Interim Planning Director; William M. Huber,
Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr.,
Community Services Director; Lt. J. B. Davis, Chief of Police Services; Douglas
Dumhart, Economic Development Manager; and, Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS:
Council Member Gelff reported that he would be traveling to Fresno next week to attend
a meeting concerning high-speed rail in an effort to finalize termination of the railroad
double tracking proposal.
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Council Member Bathgate related that she attended a South Orange County Water
Authority Finance Committee meeting this morning.
Council Member Swerdlin advised that he has been elected secretary of the Orange
County Vector Control Board. He noted that the Vector of the Month for December was
Scabies Mite and Vector of the month for January is Salt March Mosquito. As a member
of the Transportation Corridor Agency, he will serve on the subcommittee concerned
with the distribution of Measure M funding. In addition, he invited all to attend the CARE
Car show, which will feature 150 to 200 antique cars on display, scheduled for January
31, 2004, at the Community Center.
Mayor Soto suggested that commission and committee members be appointed for two
year terms, which could save staff time and increase expertise. Council members
concurred and directed staff to research the implications of replacing one year terms
with two year terms, evaluate staggering the appointments, and come back with a
recommendation.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST:
Al King, Jr., Community Services Director announced the following upcoming events: 1)
CARE Car Show will take place on January 31, 2004 at the Community Center; 2)
Mission San Juan Capistrano Art Exhibit, Meet the Artist event, will feature artist William
George on January 24, 2004; and 3) Farmer's Market, every Wednesday, in the
Downtown area. He noted that the Fiesta de Las Golondrinas events will be starting up
in February and encouraged residents to visit City's website at
www.sanivancapistrano.org for detailed information.
Meg Monahan, City Clerk, announced that the City would host Early Voting in the lobby
of City Hall, February 2 through 25, 2004. All Orange County voters may vote early on
the newly introduced electronic voting machines after checking in at the City Clerk's
office.
INTRODUCTIONS PRESENTATIONS AND DONATIONS:
1. PRESENTATION OF CERTIFICATE OF APPRECIATION TO LT. GIL GARCIA
(610.40)
Council Member Bathgate and Lt. J. B. Davis, Police Services Director presented
Lt. Gil Garcia with a Certificate of Recognition for his 14 years of services to the
residents of San Juan Capistrano. Joan Hood, representing the Associated
Action Seniors Program volunteers, presented Lt. Garcia with a plaque
recognizing his contributions to their program.
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2. PRESENTATION OF CERTIFICATE OF APPRECIATIONS TO CINDY
RUSSELL (610.40)
Council Member Bathgate presented Cindy Russell with a Certificate of
Appreciation for managing the City in-between the Interim City Manager's
departure and the permanent City Manager's arrival.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING(110.10)
Mayor pro tem Hart recognized the following individuals who were present: Marie
Buckner and Joann de Guevara, Housing Advisory Committee; Les Blair, Council
liaison to the San Juan Seniors; June Simmons; Pauline Leonard, Kelly Tokarski,
Assistant Editor, Capistrano Valley News; and Jonathan Volzke, Editor,
Capistrano Dispatch.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Geiff, and carried unanimously, 5-0 to approve items 1 through 3, 5 & 6 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLES ONLY APPROVED
2. REPORT OF STATUS OF NEW DEVELOPMENT APPLICATIONS RECEIVED
AND FILED (440.10)
3 RESOLUTION NO. 04-01-20-01 ADOPTED APPROVING THE EMERGENCY
INTERCONNECTION AGREEMENT WITH SOUTH COAST WATER DISTRICT;
THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT; AND THE CITY
CLERK DIRECTED TO PROCESS THE RECORDING OF THE DOCUMENTS
(600.50)
4. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 23, 2003, IN THE
AMOUNT OF $1,353,745.34; PAYROLL WARRANTED DATED DECEMBER 18,
2003, IN THE AMOUNT OF $223,946.80; AND PAYROLL WARRANTS DATED
JANUARY 2, 2004, IN THE AMOUNT OF $217,331.43, RECEIVED AND FILED
(300.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Gelff, and carried 4-0-1, with Council Member Bathgate abstaining, to
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receive and file Accounts Payable Warrants dated December 23, 2003, in the
amount of $1,353,745.34; Payroll Warrants dated December 18, 2003, in the
amount of $223,946.80; And Payroll Warrants dated January 2, 2004, in the
amount of $217,331.43
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Gelff, and Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
5. CLAIM AGAINST THE CITY BY JONATHON CAMOU DENIED BASED UPON
THE INVESTIGATION AND RECOMMENDATIONS OF THE CITY'S
INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70)
6. RESOLUTION NO. 04-01-20-02 ADOPTED APPROVING THE EASEMENT
DEED/AGREEMENT FOR THE PRIMA DESHECHA LANDFILL
RECREATIONAL TRAIL, PHASE I; THE MAYOR AUTHORIZED TO EXECUTE
THE EASEMENT DEED/AGREEMENT; AND THE CITY CLERK DIRECTED TO
FORWARD THE EASEMENT DEEDIAGREEMENT TO THE DIRECTOR OF
INTEGRATED WASTE MANAGEMENT TO ACQUIRE THE COUNTY BOARD
OF SUPERVISOR'S APPROVAL (COUNTY OF ORANGE)(CIP NO.
451)(600.30)
7. MICHAEL LOWY APPOINTED TO CONDUCT A RENT REVIEW HEARING
WITH REGARD TO A PROPOSED RENT INCREASE BY THE OWNER OF
SAN JUAN MOBILE ESTATES; AND THE CITY MANAGER AUTHORIZED TO
EXECUTE AN AGREEMENT FOR HEARING OFFICER SERVICES (430.70)
This item was voted on separately to allow for public comment.
John Shaw, City Attorney, recommended Council appoint Michael Lowy to
conduct a rent review hearing in response to the proposed rent increase by the
owner of San Juan Mobile Estates.
Public Comment: Jim Vance, City resident, representing the Freedom -Forum
Group Foundation, was concerned with any attempt to change the rent control
ordinance and supported affordable housing.
Council Action: Moved by Council Member Bathgate, seconded by Mayor
pro tem Hart, and carried unanimously, 5-0, to appoint Michael Lowy to conduct
a rent review hearing with regard to a proposed rent increase by the owner of
San Juan Mobile Estates, and authorize the City Manager to execute an
agreement for hearing officer services,
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PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:34 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:36 p.m.
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. PERSONAL SERVICES AGREEMENT WITH ALEXANDER ENGINEERS, INC,
FOR THE GROUNDWATER RECOVERY PROJECT APPROVED (CIP NO.
758)(250.50)
Description: The Water Advisory Commission inquired into the feasibility of
providing standby power for the San Juan Capistrano Groundwater Recovery
Plant (GWRP). Staff solicited proposals for an in-depth study and development of
options and estimated costs for standby power have been submitted. Three
-- proposals were received. Staff recommends selection of Alexander Engineers,
Inc. to perform the Preliminary Design Report, based on their expertise and past
track record.
Written Communications: Report dated January 20, 2004, by Amy Amirani,
Public Works Director.
Presentation: Amy Amirani, Public Works Director, reviewed the staff
recommendation.
Council Comments:
Mayor Soto opposed the project due to the large amount of funds required for the
study and implementation of the project and suggested that less expensive
solutions be considered.
Council Member Swerdlin opposed the project because costs for implementing
and maintaining the groundwater recovery system are too high.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Gelff and carried 3-2-0, with Council Member Swerdlin and Mayor Soto
against, to direct staff to enter into a personal services agreement with Alexander
Engineers, Inc., to perform a Preliminary Design Report for Standby Power for
the Groundwater Recovery Project in the amount of $20,872.00.
1-20-04
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Gelff, and Bathgate
NOES: COUNCIL MEMBERS: Swerdlin, Mayor Soto
ABSTAIN: COUNCIL MEMBERS: None
G2. ENGINEERING AND BUILDING DIRECTOR
a. AMENDMENT TO AGREEMENT WITH PARSONS TRANSPORTATION FOR
THE I-510RTEGA HIGHWAY INTERCHANGE PROJECT STUDY REPORT
APPROVED (CIP NO. 141) (600.30)
Description: Parsons Transportation was hired by the City to provide necessary
engineering services to prepare the Project Study Report for the 1-5 Ortega
Highway Interchange project. Parsons Transportation has requested additional
funds to cover the costs of additional work caused by project delays, the need to
perform additional analyses of the other interchange proposals, and to develop
additional Ortega Highway Interchange alternatives. Staff recommends approval
of the amendment to the agreement for additional design services in the amount
of $99,323.87.
Written Communications: Report dated January 20, 2004, by William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building,
summarized the staff report.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Swerdlin, and carried unanimously, 5-0, to approve the amendment to
the agreement with Parsons Transportation for additional design services in the
amount of $99,323.87.
b. FINANCIAL AGREEMENT WITH GLENN AND RICK EICHLER FOR
CONSTRUCTING STREET FRONTAGE IMPROVEMENTS APPROVED
(600.30)
Description: Developers Glenn and Rick Eichler are in the process of
constructing two homes on adjoining properties on the south side of San Juan
Creek Road. The developers are interested in improving the San Juan Creek
frontage and willing to dedicate the necessary right of way and fund a portion of
the construction of the improvements, if the City participates financially and
vacates a portion of the existing trail easement. Staff believes the solution is fair
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and equitable, supports the mutual benefit to improve the street, and is
recommending approval of the agreement.
Written Communications: Report dated January 20, 2004, by William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building,
reviewed the recommendation.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the Financial
Agreement with Glenn and Rick Eichler and their respective spouses for
constructing street frontage improvements; authorize the Mayor to execute the
agreement; and Direct the City Clerk to forward the agreement to the Orange
County Recorder for Recordation.
ORDINANCES - None
COUNCILMANIC ITEMS
1. MODIFIED CITY COUNCIL POLICY NO. 418 — "PROCESSING AND
NOTIFICATION OF CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS —
APPROVED (610.30)
Description: In response to a request from the City Council, staff reviewed
existing City policies and recommends modifications to provide for a more
comprehensive notification process for Capital Improvement Projects where
there would be potential of having significant impacts to surrounding
neighborhoods. Staff recommends Council approve modified City Council Policy
No. 418.
Written Communications: Report dated January 20, 2004, by William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building,
presented the recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Gelff, and carried unanimously, 5-0, to approve the modifications to City
Council Policy 418 - "Processing and Notification of Capital Improvement
Program (CIP) Projects."
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ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 7:51 p.m. to
Tuesday, February 3, 2004, at 5:30 p.m. for Closed Session and 7:00 p.m. for the
Public Business Session, in the City Council Chamber.
Respectfully sub itted,
(V ----
RET R. MONAHAN, CITY CLERK
A�6ved: February 17, 2004
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