04-0518_CC_Minutes_Regular MeetingMINUTES
May 18, 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:
1. Pursuant to Government Code section 54956.8, the City Council conferred with
its real property negotiator (City Manager) concerning the renegotiation of terms
of a license agreement for real property described as APN 121-050-19. The
agent for the licensee is John Franks.
2. 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 7:06 p.m. in the City Council Chamber. He dedicated the meeting
to the late Sara Elizabeth Hull, sister of Council Member David Swerdlin, who passed
away on May 12, 2004. Council Member Allevato led the Pledge of Allegiance and
Council Member Swerdlin gave the invocation.
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; William M. Huber, Assistant City
Manager; Cynthia L. Russell, Administrative Services Director; John Shaw, City
Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Ray Holland, Interim
Engineering and Building Director; Eric Bauman, Water Engineering Manager; Al King,
Jr., Community Services Director; Lt. J. B. Davis, Chief of Police Services; Douglas
Dumhart, Economic Development Manager; Joe Mankawich, Associate Engineer;
and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Swerdlin reported that the Transportation Corridor Agencies rejected a
refinancing plan that would have combined the Foothill Eastern Corridor Agency and the
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San Joaquin Hills Transportation Corridor (SJHTC) Agency debts. The plan was
proposed in an effort to avoid potential bankruptcy of the SJHTC.
Council Member Bathgate reported that she attended the successful Fiesta de Agua
event to celebrate the Ground Water Recovery Project construction. She thanked staff
and volunteers who were responsible for its success.
Mayor Soto advised that he also attended the Fiesta de Agua event and agreed the
event was a success.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King Jr., Community Services Director, announced that Capistrano Animal Rescue
Effort (CARE) was holding a "Paws on the Patio" event at the L'Hirondell Restaurant
this Saturday, May 22; the play "Godspell" was playing until the end of the month at the
EI Camino Real Theater; Les Blair was in the process of planning Memorial Day events;
and the Boys and Girls Club was planning its annual June Casino Night and Golf
Tournament. He encouraged the public to access the City's website for more
information.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
MAY 16, 2004, THROUGH MAY 22, 2004, PROCLAIMED "NATIONAL PUBLIC
WORKS WEEK" (610.40)
Mayor Soto proclaimed May 16 through 22, 2004, as "National Public Works
Week" in the City of San Juan Capistrano.
2. MEMORIAL RECOGNITION HONORING JOHN S. GELFF (610.40)
Mayor Soto and Chief Prather, Orange County Fire Authority, recognized the late
Honorable John S. Gelff, former City Council Member, for his outstanding and
selfless service to the community; and presented a memorial plaque to Linda
Cooley, Council Member Gelffs lifelong partner.
3. 2004 WALL OF RECOGNITION HONOREES RECOGNIZED (210.10)
Mayor Soto recognized Larry Buchheim, Carl Buchheim (posthumously), Elarion
(Larry) Hernandez, and Les Blair as 2004 honorees for the Wall of Recognition
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10):
Mayor pro tem Hart recognized the following individuals in attendance: Sheldon
Cohen, Planning Commission; Kathy Hooper, Parks, Recreation and Equestrian _-
Commission; Les Blair, Council Liaison to the San Juan Seniors; Joe Drey,
Water Commission; Don Tryon and David Belardes, Cultural Heritage
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Commission; Linda Cooley, life partner to the late Council Member John S. Gelff;
and Fire Chief Prather accompanied by the crew from Engine 6.
ORAL COMMUNICATIONS
Cathleen Brennan, City resident, requested a meeting with staff to discuss the proposed
Rancho Mission Viejo Development density to determine if action is required to maintain
existing service standards as set forth in the Strategic Transportation Plan of October
2002.
CONSENT CALENDAR
Council Action: Moved by Mayor Soto, seconded by Council Member Swerdlin and
carried unanimously, 5-0, to approve items 1, 2, 4, 6, & 8 as recommended by staff.
MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF APRIL 20, 2004, APPROVED AS
SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED APRIL 29, 2004, IN THE AMOUNT
OF $1,486,290.73; AND PAYROLL WARRANTS DATED APRIL 22, 2004, IN
THE AMOUNT OF $238,973.56 RECEIVED AND FILED. (300.30)
This item was voted on separately to allow Committee Member Bathgate to
abstain.
Council Action: Moved by Mayor Soto, seconded by Council Member
Swerdlin, and carried 4-0-1 (with Council Member Bathgate abstaining) to
receive and file accounts payable warrants dated April 29, 2004, in the amount of
$1,486,290.73; and payroll warrants dated April 22, 2004, in the amount of
$293,973.56.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS:
Bathgate
4. PLANS AND SPECIFICATIONS FOR THE JUNIPERO SERRA ROAD
RECONSTRUCTION, 1-5 NORTHBOUND MAPS TO RANCHO VIEJO ROAD,
CAPITAL IMPROVEMENT PROJECT NO.120, APPROVED; AND STAFF
AUTHORIZED TO RECEIVED BIDS. (600.30)
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5. AMENDMENT NO. 1 TO THE WASTE DISPOSAL AGREEMENT BETWEEN
THE COUNTY OF ORANGE, INTEGRATED WASTE MANAGEMENT
DEPARTMENT AND THE CITY OF SAN JUAN CAPISTRANO, FOR A THREE
YEAR EXTENSION, THROUGH JUNE 30, 2010, APPROVED. (600.50)
This item was discussed at the request of Mayor Soto.
Douglas Dumhart, Economic Development Manager, briefly reviewed the staff
report.
Mayor Soto ascertained that the Amendment was intended to lock in costs and
rates and would not result in increased trash volume or additional trucks traveling
Ortega Highway to the landfill site.
Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart and
unanimously carried, 5-0 to approve Amendment No. 1 to the Waste Disposal
Agreement between the County of Orange, Integrated Waste Management
Department and the City of San Juan Capistrano.
6. CONTRACT FOR THE DEL OBISPO STREET DRIVEWAY APPROACH
REHABILITATIONS, BETWEEN ORTEGA HIGHWAY AND CAMINO
CAPISTRANO, AWARDED TO THE LOW RESPONSIBLE BIDDER, ALL
AMERICAN ASPHALT, IN THE AMOUNT OF $101,000; AND ALL OTHER BIDS
REJECTED. (CIP NO. 101) (600.30)
7. REVISED FEES SCHEDULE AND RESCINDING PARKING PERMIT
PROGRAM FOR THE COMMUNITY GARDEN USE WITHDRAWN BY STAFF.
(570.70)
Meg Monahan, City Clerk, advised that this item will be rescheduled for a future
meeting.
8. RESOLUTION NO. 04-05-18-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST
ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1
OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA,
FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER
FORMATION OF A DISTRICT" ADOPTED; AND RESOLUTION NO. 04-15-18-
02 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO
PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
FOR CERTAIN MAINTENANCE IN EXISTING DISTRICTS, PURSUANT TO
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THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF
DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY
AFTER FORMATION OF A DISTRICT, AND SETTING A TIME AND PLACE
FOR THE PUBLIC HEARING THEREON" ADOPTED CONCERNING TRACTS
9284 (SEAVIEW), 9382 (BELFORD TERRACE), 8485 (MISSION SPRINGS),
7673 (MISSION WOODS), 9373/7654 (LOS CORRALES), AND CAPISTRANO
ROYALE. (345.20)
PUBLIC HEARINGS
1. RESOLUTION NO. 04-05-18-06 ADOPTED APPROVING THE MITIGATED
NEGATIVE DECLARATION AND SANITARY SEWER MASTER PLAN: (CIP
NO. 723) (1040.50)
Description: The City's Sanitary Sewer Master Plan, prepared by Tetra Tech,
Inc., dated January 21, 2004, defines the facilities needed in order to maintain a
high level of service and reliability for existing development, as well as new
development allowed by the General Plan. A needs assessment analysis of the
Sewer Enterprise Fund indicates a need to increase both sewer service and
connection charges in order to fund necessary projects. Two options have been
identified to create a positive ending fund balance throughout the 20 year
planning horizon. Option A provides for an annual increase in sewer service
charges of 2.4% starting in FY 2006/2006 through the 20 year planning horizon
date of FY 2022/2023 and a one time 10% sewer connection charge increase in
FY 2005!2006. Option B provides for a 36% one-time increase in sewer service
charges in FY 2010/2011 and a one time 10% sewer connection charge increase
in FY 200512006. Staff recommended the City Council adopt the resolution
approving the Sanitary Sewer Master Plan and the Mitigated Negative
Declaration; direct staff to hold a public hearing to allow community comment on
the project; and provide direction regarding funding and fee increases to support
the Capital Improvement Program recommended in the Sanitary Sewer Master
Plan.
Written Communications: Report dated May 18, 2004, by Amy Amirani, Public
Works Director.
Presentations: Joe Mankawich, Associate Engineer, narrated a slide
presentation summarizing the existing sewer system characteristics, flow
analysis, anticipated needs, and recommenced capital improvement projects.
Steve Buchman, Buchman and Associates, Sanitary Sewer Master Plan
Financial Sub consultant, reviewed the program financing, including summary of
analysis, benchmarking analysis, and needs assessment.
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Robert J. Ohlund, Tetra Tech, Inc., Sanitary Sewer Master Plan Consultant, was _-
available for questions.
Mayor Soto opened the public hearing and there being no public testimony,
closed the public hearing.
Council Comment:
Council Members commended staff and the consultants for their organized and
thoughtful presentation; stated a preference for Option A's progressive rate
increases tied to inflation; and encouraged staff to pursue State and/or Federal
funding sources.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt Resolution No. 04-05-
18-06, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE MITIGATED
NEGATIVE DECLARATION AND THE 2004 SANITARY SEWER MASTER
PLAN;" recommended Option A as the preferred funding schedule; and directed
staff to hold a public hearing to allow community comment.
2. RESOLUTION NO. 04-05-18-03 ADOPTED APPROVING THE FINAL
UPDATED DOMESTIC WATER MASTER PLAN; AND RESOLUTION NO. 04-
05-18-04 ADOPTED APPROVING THE DEVELOPMENT CHARGES FEE
SCHEDULE: (CIP NO. 761) (1050.2011050.30)
Description: The Conceptual Updated Domestic Water Master Plan dated March
2004 was reviewed and approved by the City Council at their meeting of April 6,
2004. Staff recommended Council adopt the resolution to approve the Updated
Domestic Water Master Plan dated March 2004 and Negative Declaration dated
April 13, 2004; and adopt the resolution approving the Development Charges
Fee Schedule.
Written Communications: Report dated May 18, 2004, by Amy Amirani, Public
Works Director.
Presentation: Eric Bauman, Water Engineering Manager, summarized the staff
recommendation.
Zeki Kayiran, Domestic Water Plan Consultant, narrated a slide presentation of
Master Plan elements and discussed the existing system, recommended
improvements, and financial impacts.
Cynthia L. Russell, Administrative Services Director, advised that rates have
been adjusted to reflect the non potable/domestic water mix provided to non
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potable water customers; rates are tiered to encourage water conservation; and
the City recently received two grants funded by the Metropolitan Water District.
Council Member Swerdiin established that new developers are required to buy
into existing facilities and support new facilities; that the City has a Water
Conservation Coordinator whose duties include contacting customers using too
much water; and that storage provisions meet or exceed emergency storage
criteria.
Mayor Soto opened the public hearing and there being no public testimony,
closed the public hearing.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Bathgate, and unanimously carried, 5-0, to adopt Resolution No. 04-
05-18-03 entitled" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE MARCH 2004
DOMESTIC WATER MASTER PLAN UPDATE AND A NEGATIVE
DECLARATION FOR THE MASTER PLAN DATED APRIL 13, 2004;° and
Resolution No. 04-05-18-04, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE
DEVELOPMENT CHARGES FEE SCHEDULE (CIP NO. 761)."'
3. ORDINANCE INTRODUCED AMENDING SPECIFIC DEVELOPMENT PLAN 92-
01 FOR PLAZA DE LAS GOLONDRINAS (REZONE 04-03) (273345 & 27341
ORTEGA HIGHWAY, APN 650-201-14 & APN 650-201-15) (410.50)
Descriotion: The proposed Amendment to Specific Development Plan (SDP) 92-
01, Plaza de Las Golondrinas is a request to add 0.97 acres of commercial land
to the specific plan planning area and to establish permitted uses and standards
for the Ortega Animal Hospital and Reising Law Office parcels. The Planning
Commission previously approved the development plans and is recommending
approval of this amendment. Staff recommends Council approve the Ordinance.
Written Communications: Report dated May 18, 2004, by Molly Bogh, Planning
Director.
Presentation: Molly Bogh, Planning Director, reviewed the staff recommendation.
Mayor Soto opened the public hearing and there being no public testimony,
closed the public hearing.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SPECIFIC DEVELOPMENT PLAN 92-01 (PLAZA DE LAS
GOLONDRINAS) TO ADD TWO PARCELS OF ORTEGA HIGHWAY 500 FEET
EAST OF RANCHO VIEJO ROAD (APN 650-201-14 & 650-201-15)."
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Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart,
and carried unanimously, 5-0, to approve an Ordinance amending Specific
Development Plan 92-01 for Plaza de Las Golondrinas.
4. RESOLUTION NO. 04-05-18-05 ADOPTED APPROVING A WATER RATE
INCREASE, EFFECTIVE JULY 1, 2004. (1050.20)
Description: As part of the Updated Domestic Water Master Plan (DWMP), an
updated financial plan was prepared to address the cash flow requirements,
necessary bond issues, and water rates necessary to support the updated capital
improvement list. At their April 6, 2004, meeting, the City Council selected one of
the funding increase options presented and directed staff to hold a public hearing
to allow community comment. The option selected by the City Council will
increase all commodity rates and service charges by 28.75% effective July 1,
2004; 14.25% at July 1, 2005; 1% at July 1, 2006; and 0.5% at July 1, 2007. Staff
recommended Council adopt the resolution to approve the water rate increase as
proposed.
Written Communications: Report dated May 18, 2004, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, summarized
the staff report.
Public Testimony:
Tom Adhern, City resident, felt the Terminal Reservoir 2 did not need replacing,
because staff had determined the optimum fill level to maintain the stability of the
previously unstable site.
Donald Landis, City resident, felt that mismanagement was responsible for the
decrease in well production and the proposed rate increases and suggested the
City hire a professional water district administrator.
Council Comments:
Council Members agreed that the proposed Updated DWMP and water rate
increase was necessary to fund water service operations to ensure adequate
water flow for fire protection and customer usage and reduce the City's
dependency on foreign sources of water. The residents have enjoyed lower than
average rates for many years and after the increase, the City's rates will still be
at the area median. Council encouraged staff to promote water conservation
measures and review the tier rates to see if adjustments are warranted.
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Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Bathgate, and unanimously carried, 5-0 to adopt Resolution No. 04-05-
18-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REVISING THE SCHEDULE OF RATES
AND CHARGES FOR INCREASES TO THE COMMODITY (USER) AND
SERVICE CHARGES."
RECESS AND RECONVENE
Council recessed at 9:39 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:40 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 9:41 p.m. to
Tuesday, June 1, 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 sub
R. MONAHAN, CITY CLERK
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1`1
JOE SOTQ(, MAYO
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