04-0406_CC_Minutes_Regular MeetingMINUTES
April 6, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85):
A Closed Session was held for the following purposes, as authorized by statute:
Pursuant to Government Code section 54957.6, the City Council conferred with
its labor negotiator (City Manager) regarding labor negotiations with the San
Juan Capistrano Employees Association and Management Employees
Association.
Mayor Soto called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:01 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Council Member Swerdlin gave the invocation.
Mayor Soto dedicated the meeting to the memory of Walter Gasper, longtime owner of
the L'Horondell Restaurant in San Juan Capistrano, who recently passed away.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, David M. Swerdlin,
Mayor pro tem Wyatt Hart, and Mayor Joe Soto.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager, Cynthia L. Russell, Acting Assistant
City Manager/Administrative Services Director; John Shaw, City Attorney; Meg
Monahan, City Clerk; Molly Bogh, Planning Director, William H. 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; Eric Bauman, Water Engineering Manager; and Eileen White,
Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Swerdlin reported that the Vector of the Month of March was the
Pacific Coast Tick. He also distributed copies of updates from the Transportation
Corridor Agency Board.
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ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King Jr., Community Services Director, encouraged everyone to use the official City
website to find out about all the events happening in town. He announced the following
upcoming community events: April 13, 2004, a Power Breakfast will be hosted by the
Boys and Girls Club; April 16, 2004, the Spring Fling Dinner Dance hosted by the San
Juan Senior Citizen's Program; and April 22, 2004, Earth Day Fair at the Community
Center.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. PROCLAMATION DESIGNATING APRIL AS EARTH MONTH AND APRIL 22,
2004, "EARTH DAY" (610.40):
Mayor Soto presented a proclamation designating April as Earth Month and April
22, 2004 as Earth Day, to Ziad Mazboudi, Senior Civil Engineer.
2. PRESENTATION OF CERTIFICATE OF RECOGNITION TO HARRY KOLLIAS
(610.40):
Mayor Soto presented a Certificate of Recognition to Harry Kollias, longtime
owner of Harry's Restaurant in San Juan Capistrano.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10):
Mayor pro tem Hart recognized the following individuals who were in attendance:
Gene Ratcliffe, Planning Commission; Angela Duzich, Parks, Recreation and
Equestrian Commission; Les Blair, Council Liaison to the San Juan Seniors;
Joann de Guevara, Housing Advisory Committee; Battalion Chief Steve
Whitaker, Orange County Fire Authority; Brad Gates, retired Orange County
Sheriff; Don Tryon and David Belardes, Cultural Heritage Commission; Tom
Ostensen, President of the Fiesta Association; and David Doomey, Capistrano
Unified School District.
ORAL COMMUNICATIONS
Tom Ostensen, President of the Fiesta Association, recognized the City Council, City
staff and Fiesta Association members for their work in coordinating the Fiesta de Las
Golondrinas events.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato
and carried unanimously, 5-0, to approve items 1 through 5, and 7 through 10 as
recommended by staff.
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MOTION TO READ ORDINANCE BY TITLE ONLY: APPROVED
2. MINUTES OF THE REGULAR MEETING OF MARCH 2, 2004 APPROVED AS
SUBMITTED
3. REPORT OF INVESTMENTS, MONTH ENDING FEBRUARY 26, 2004,
RECEIVED AND FILED (350.30)
4. AMENDMENT NO. 8 TO COOPERATIVE AGREEMENT NO. C-95-989
COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING
AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY
APPROVED (OCTA)(600.50)
5. RESOLUTION NO. 04-04-06-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE
WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION
OF IMPROVEMENTS WORK WITHIN TRACT 13823, STONEFIELD SAN JUAN
LLC;" STAFF AUTHORIZED TO RELEASE OF THE CORRESPONDING
BONDS 35 DAYS AFTER RECORDING; AND THE CITY CLERK DIRECTED
TO PROCESS RECORDING OF THE NOTICE OF COMPLETION WITH THE
ORANGE COUNTY RECORDER (600.30)
6. ACCOUNTS PAYABLE WARRANTS DATED MARCH 4, 2004, IN THE
AMOUNT OF $899,507.89; ACCOUNTS PAYABLE WARRANTS DATED
MARCH 18, 2004, IN THE AMOUNT OF $1,191,599.22; AND PAYROLL
WARRANTS DATED MARCH 11, 2004, IN THE AMOUNT OF $233,150.42,
RECEIVED AND FILED (300.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Allevato, and carried 4-0-1, With Council Member Bathgate abstaining, to
approve the accounts payable warrants dated March 4, 2004, in the amount of
$899,507.89; accounts payable warrants dated March 18, 2004, in the amount of
$1,191,599.22; and payroll warrants dated March 11, 2004, in the amount of
$233,150.42
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
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7. THREE YEAR AGREEMENT FOR METER READING SERVICES WITH SAN
DIEGO GAS AND ELECTRIC (SDG&E), IN THE AMOUNT OF $230,210,
SUBJECT TO CPI INCREASES, APPROVED; AND THE MAYOR
AUTHORIZED TO EXECUTE THE AGREEMENT (600.30)
8. AMENDMENT TO AGREEMENT WITH CIVIC SOLUTIONS, INC., TO PROVIDE
FOR CONTINUED PROJECT MANAGEMENT FOR THE PROPOSED
BELLADONNA ESTATES PROJECT, APPROVED; AND THE MAYOR
AUTHORIZED TO EXECUTE THE AMENDMENT (TRACT 16146)(600.30)
9. CASH BALANCES BY FUND, FEBRUARY 29, 2004, RECEIVED AND FILED
(330.50)
10. CLAIM OF SHERMAN NEKRITZ DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
11. PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT
AGREEMENT AND ESTOPPEL, BETWEEN THE CITY AND SJD PARTNERS,
LTD AND VALLE RANCH, LLC, APPROVED (600.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Allevato, and carried 4-0-1, with Council Member Bathgate abstaining, to
approve partial assignment and assumption of development agreement and
estoppel, between the City and SJD Partners, Ltd and Valle Ranch, LLC.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
PUBLIC HEARINGS
Hart, Swerdlin, Allevato, Mayor Soto
None
Bathgate
URGENCY ORDINANCE NO. 889 ADOPTED, EXTENDING THE TIME FOR
URGENCY ORDINANCE 880 REGARDING "MISSION HILL/MISSION FLATS"
(410.30)
Prosect Description: The interim urgency ordinance currently in place was
enacted to prevent further construction of higher intensity uses in the Mission
Hills/Mission Flats area and will expire on April 14, 2004. Staff is in the process of
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conducting a zoning study for the purpose of insuring that further construction of
such uses will not pose a threat to the community health and safety and needs
additional time to complete the study. Staff recommends Council adopt Urgency
Ordinance 889, extending the interim urgency ordinance for an additional 12
months.
Written Communications: Report dated April 5, 2004, by Molly Bogh, Planning
Director.
Presentation: Molly Bogh, Planning Director, summarized the staff report.
Public Testimony:
Tom Entwistle, City resident, supported the ordinance extension to develop
guidelines to protect the existing unique neighborhood.
Angela Duzich, City resident, asked Council to downzone the area to single
family zone and approve the ordinance extension in order to develop guidelines
to prevent cookie cutter development.
Goeff Sumich, City resident, supported development of a means to protect the
uniqueness and diverse architecture of the neighborhood.
Meg Monahan, City Clerk, read the title of the Ordinance entitled, "AN INTERIM
URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING THE PROVISIONS OF ORDINANCE NO. 880,
ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858,
RELATING TO LAND AREA COMMONLY KNOWN AS "MISSION
HILL/MISSION FLATS."
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin and carried unanimously, 5-0, to adopt Urgency Ordinance
No. 889, extending the time for Urgency Ordinance 880.
RECESS AND RECONVENE
Council recessed at 7:28 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:29 p.m.
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. CONCEPTUAL UPDATED DOMESTIC WATER MASTER PLAN APPROVED,
IN CONCEPT (1050.30)
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Description: The Conceptual Updated Domestic Water Master Plan (Master
Plan) identifies the revenue requirements for the recommended capital
improvement projects and replacement of aging infrastructure and develops
alternative funding scenarios for implementing the Capital Improvement Program
and replacement projects. The Master Plan provides the City with a long-range
planning tool that will allow construction of the recommended capital
improvement projects in an orderly manner, improve the existing system, and
provide for future growth. Staff is recommending approval of the Master Plan.
Written Communications: Report dated April 6, 2004, by Ami Amirani, Public
Works Director.
Presentation: Amy Amirani, Public Works Director, summarized the staff report.
Eric Bauman, Water Engineering Manager, narrated a slide presentation
featuring components of the existing water system, water demands, service
criteria, and the recommended Capital Improvement Program costs and
schedule.
Council Action: Moved by Mayor Soto, seconded by Council Member Bathgate,
and carried unanimously, 5-0, to approve in concept the Conceptual Updated
Domestic Water Master Plan.
G3. ADMINISTRATIVE SERVICES DIRECTOR
a. CONCEPTUAL UPDATED DOMESTIC WATER MASTER PLAN FINANCIAL
STRATEGY APPROVED IN CONCEPT. (1050.30)
Description: An updated financial plan for the updated Domestic Water Master
Plan (DWMP) has been prepared to address replacement of Terminal No. 2 and
Cooks reservoirs, new improvements identified, and funding for the replacement
of existing facilities and projected inflation. A survey of surrounding cities
indicates that existing rates are currently 20% percent below median and after
the increase will still be lower than median. Staff has identified three possible
user rate increased options for funding the increased cost of the updated DWMP
and is recommending Council adopt Option #2, which provides a strategy that is
in keeping with the original DWMP financing strategy.
Written Communications: Report dated April 6, 2004, by Cynthia L. Russell,
Acting Assistant City Manager.
Presentation: Cynthia L. Russell, Acting Assistant City Manager, reviewed the
staff recommendation.
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Council Comments:
Council Member Swerdlin ascertained that the City has the ability to diffuse the
bonds if all the funds are not needed; and that callable bonds can be less flexible
and require higher interest rates.
Mayor pro tem Hart ascertained that Option #3 reduces development projections
down to 70% of the current projection, proposes the same rate increase as
Option #2 over three years instead of five, will cost the typical ratepayer
approximately $1.60 more per month at the initial rate increase in FY 2004-05,
and has a lower overall increase.
Council Member Bathgate felt that Option #2 would be easier on the ratepayers
at the onset and advised that the City has the ability to adjust rates if additional
funds are needed in the future.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor Soto
and carried 4-1, with Council Member Bathgate opposed, to approve in concept
Option #3 to support the Updated Domestic Water Master Plan; and direct Staff
to schedule a public hearing to consider the adoption of the revised schedule of
Developer Fees and Charges and the revised User Rate Schedule through FY
2020-2021.
ROLL CALL
AYES: COUNCIL MEMBERS:
Soto
NOES: COUNCIL MEMBERS
Hart, Swerdlin, Allevato, Mayor
Bathgate
ABSTAIN: COUNCIL MEMBERS: None
b. AMENDMENT TO THE .JOINT COMMUNITY FACILITIES AGREEMENT (CFD
98-1) APPROVED IN CONCEPT AND ALLOCATION OF COMMUNITY
FACILITIES DISTRICT FUNDS FOR PACIFICA SAN JUAN APPROVED.
(600.30)
Mayor Soto recused himself from considering this item. Council Member
Bathgate recused herself from considering this item due to her working
relationship with the applicant's consultant.
Description: Pacifica San Juan Developer, SJD Partners (the Developer), in
conjunction with the Capistrano Unified School District (CUSD), is requesting an
amendment to the Joint Community Facilities Agreement (JCFA) for Community
Facilities District (CDF) 98-1, to reflect the increased values on this project. Staff
has developed 5 alternatives for Council to consider, and is recommending
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Council adopt Alternative #1, which would leave the tax rate at 1.7% and finance
additional City/Water fees and improvements from the CFD. The Developer is
recommending a slight tax rate increase to 1.712% to finance the CUSD and
Developer/City facilities.
Written Communications: Report dated April 6, 2004 by Cynthia L. Russell,
Acting Assistant City Manager.
Presentation: Cynthia L. Russell, Acting Assistant City Manager, reviewed the
staff recommendation.
Public Comment:
David A. Doomey, Assistant Superintendent of the Capistrano Unified School
District, supported Alternative #2, which would increase the tax rate to 1.712%.
Brad Gates, 28546 Paseo Diana, supported Alternative #2, increasing the tax
rate to 1.712%.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato and carried 3-0-2, with Council Member Bathgate and Mayor
Soto abstaining, to approve Alternative #2, including a 1.712% tax increase as
recommended by the Developer, and allocation of Community Facilities District
Funds, as recommended by the City, for Pacifica San Juan, CDF 98-1.
ROLL CALL
AYES: COUNCIL MEMBERS: Swerdlin, Allevato and Mayor pro tem Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate, Mayor Soto
ORDINANCES - None
COUNCILMANIC ITEMS
1. WALL OF RECOGNITION HONOREES CONFIRMED. (210.10)
Description: The City Council subcommittee recommends Les Blair, Elarion
Hernandez, and Larry Buchheim be named Wall of Recognition honorees for
2004, with Carl Buchheim nominated posthumously.
Written Communication: Report dated April 6, 2004, by Douglas Dumhart,
Economic Development Manager.
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Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin and carried unanimously, 5-0, to confirm the sub -committee
nominated Wall of Recognition honorees Les Blair, Elarion Hernandez, Larry
Buchheim, and Carl Buchheim (posthumously).
2. CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES & CITY COUNCIL
COMMITTEES APPROVED (610.80)
Descriltion: Several representative seats on outside agencies and Council
Committees remain vacant due to the untimely death of Council Member John S.
Gelff. Staff recommends Council appoint members to fill the vacant City
representative positions.
Written Communications: Report dated April 6, 2004, by Meg Monahan, City
Clerk.
Presentation: Meg Monahan, City Clerk, read the list of recommended
appointments.
Council Action: Moved by Mayor pro tem Hart, seconded by Mayor Soto,
and unanimously carried 5-0, to add or revise the following City Council
- appointments to outside agencies and City Council committees:
Inter -Jurisdictional Growth Management Areas 9 & 11 (OCTA)
Council Member Bathgate
Council Member Allevato, Alt.*
Operational Area Council
Council Member Bathgate
Council Member Allevato*
Orange County Fire Authority (OCFA)
Mayor pro tem Hart**
Council Member Allevato, Alt.*
Orange County League Of Cities
Mayor Soto
Council Member Allevato, Alt.*
Orange County Library Advisory Board
Mayor Soto*
Council Member Bathgate, Alt.
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Orange County Transportation Authority (OCTA) Elected Officials
Council Member Bathgate
Council Member Allevato, Alt.*
Regional Governance Advisory Committee
Mayor Soto*
Mayor pro tem Hart
San Juan Basin Authority
Council Member Bathgate
Mayor Soto, Alt.*
South Orange County Wastewater Authority Joint Powers Authority
(SOCWA)
Council Member Bathgate
Mayor Soto, Alt.*
Water Quality & Watershed Management Committee (Formerly Floodplain
Management Committee)
Council Member Bathgate
Mayor Soto*
* Appointed into a vacant position
** Revised from Alternate Board Member, to Board Member
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:46 p.m. to
Tuesday, April 20, 2004, at 5:00 p.m. for Closed Session, and 7:00 p.m., for the Public
Business Session, in the City Council Chamber.
Respectfully submitted,
ET R. MONAHAN, CITY CLERK
R1Sproved: May 4, 2004
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