04-0803_CC_Minutes_Regular MeetingMINUTES
AUGUST 3, 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 met and
conferred with its real property negotiator (City Manager), concerning the
potential lease of certain property described as APN 668-072-09 & 10, 31910 Dei
Obispo, with Rivendell Land Company, Inc.
2. Pursuant to Government Code section 54956.9(b)(2), the City Council conferred
with its legal counsel regarding one matter.
3. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding Amicus Curiae assistance in the matter of Cashman v.
Cotati .
4. 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.
Mayor Soto 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 Allevato
led the Pledge of Allegiance and Council Member Swerdlin gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Ailevato, 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; Amy Amirani, Public
Works Director; Al King, Jr., Community Services Director; Lt. J. B. Davis, Chief of
Police Services; Douglas Dumhart, Economic Development Manager; Michael Cantor,
Senior Management Analyst; Mitzi Ortiz, Deputy City Clerk; and Eileen White,
Recording Secretary.
8-03-04
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
John Shaw, City Attorney, reported that the City Council unanimously supported
proceeding with Amicus Curiae assistance in the matter of Cashman v. Cotati.
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato announced that his negotiations with the Whispering Hills
developer have resulted in the opening of the Lacquague, La Mancha and Juliana Farm
trails to the public on Sundays. Following mass grading operations, which should take
approximately one year, the trails would be re -opened full time. Council members
thanked him for his efforts.
Council Member Swerdlin announced that the parcel tax for Vector Control services
passed by 66.2%, which will result in a cumulative assessment of approximately $5 per
parcel per year, countywide; the California Joint Powers Insurance Authority and the
Transportation Corridor Authorities (TCA) recently held elections; and the Chief
Executive Officer of the TCA recently retired.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, invited the public to attend the third San Juan
Summer Nites Concert and Business Expo scheduled for August 18, 2004, at Historic
Town Center Park; the Boys and Girls Club Annual Fundraiser to be held on September
10, 2004; and advised the public to access the City's website for links to local
community organizations for information regarding their activities and events.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
CERTIFICATE OF ACHIEVEMENT PRESENTED TO THE SO CAL BLUES
GIRLS UNDER 12 SOCCER TEAM (610.40)
Wyatt Hart recognized the So Cal Blues Girls Under 12 Soccer Team and
presented the team with a Certificate of Achievement.
2. MAYOR'S AWARD — BUSINESS LEADER OF THE YEAR -- PRESENTED TO
ART AND MARIA GALINDO OF LAS GOLONDRINAS RESTAURANTS (610.40)
Mayor Soto recognized Arturo and Maria Galindo of Las Golondrinas
Restaurants for their spirit, dedication and contributions to the community and
presented the Galindos with the Mayor's award for 2004 Business Leader of the
Year.
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3. LONG TERM EMPLOYEE MIKE SMITH RECOGNIZED (730.90)
Amy Amirani, Public Works Director, recognized Mike Smith, Water Construction
Inspector, for his 15 years of service to the City; and Mayor Soto presented Mr.
Smith with a Certificate of Commendation.
4. LONG TERM EMPLOYEE DEBBIE EVENSON RECOGNIZED (730.90)
Al King, Jr., Community Services Director, recognized Debbie Evenson,
Administrative Secretary, for her 15 years of service to the City; and Mayor Soto
presented Ms. Evenson with a Certificate of Commendation.
5. LONG TERM EMPLOYEE HEIDI IVANOFF RECOGNIZED (730.90)
Al King, Jr., Community Services Director, recognized Heidi Ivanoff, Senior
Recreation Leader, for her 20 years of service to the City; and Mayor Soto
presented Ms. Ivanoff with a Certificate of Commendation.
6. LONG TERM EMPLOYEE JACK GALAVIZ RECOGNIZED (730.90)
Amy Amirani, Public Works Director, recognized Jack Galaviz, Public Works
Manager, for his 35 years of service to the City; and Mayor Soto presented Mr.
Galaviz with a Certificate of Commendation. Cake was served to those in
attendance.
7. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart recognized the following individuals in attendance: Joe Drey
and Gene Ratcliffe, Planning Commission; Joann de Guevara and Marie
Buckner, Housing Advisory Committee; Todd Hart, Orange County District
Attorney's Office; and Phil Schwartze, former Mayor.
ORAL COMMUNICATIONS - None
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, 7, 9 & 10 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE JULY 6, 2004, REGULAR MEETING OF THE CITY
COUNCIL APPROVED AS SUBMITTED.
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3. MINUTES OF THE JUNE 15, 2004, REGULAR MEETING OF THE SAN JUAN
CAPISTRANO SEWER MAINTENANCE DISTRICT #1 APPROVED AS
SUBMITTED.
4. MINUTES OF THE JUNE 15, 2004, REGULAR MEETING OF THE SAN JUAN
CAPISTRANO PUBLIC FINANCING AUTHORITY APPROVED AS
SUBMITTED.
5. ACCOUNTS PAYABLE WARRANTS DATED JULY 22, 2004, IN THE AMOUNT
OF $1,135,854.20; AND PAYROLL WARRANTS DATED JULY 15, 2004, IN
THE AMOUNT OF $250,634.65, RECEIVED AND FILED. (300.30)
6. CONTRACT CHANGE ORDER #1, APPROVED; AND RESOLUTION NO. 04-
08-03-01 ADOPTED, DECLARING THE WORK FOR THE DOWNTOWN
LIGHTING PHASE IV CAPITAL IMPROVEMENT PROJECT COMPLETED.
(PETE & SONS CONSTRUCTION) (CIP NO. 118) (600.30)
Council Member Swerdlin thanked staff for saving the City over $10,000 with this
contract change.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and unanimously carried, 5-0, to approve Contract Change
order #1, as a savings of $10,873.34; adopt Resolution No. 04-08-03-01 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING THE WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE DOWNTOWN LIGHTING
PHASE IV (PETE & SONS CONSTRUCTION) (CIP NO. 118);" the City Clerk
directed to process recording of the project Notice of Completion; and staff
authorized to release the 10% retention, in the amount of $12,957.37.
7. MASTER AGREEMENT THROUGH JUNE 2006 WITH LAWRENCE
ASSOCIATES TO PROVIDE PROJECT MANAGEMENT FOR VARIOUS
DEVELOPMENT DEPOSIT DEVELOPMENT APPLICATIONS, AT A MAXIMUM
HOURLY RATE OF $105, AND OTHER CITY -BUDGETED PROFESSIONAL
SERVICES FOR THE DEPARTMENT, AS REQUIRED, AT A MAXIMUM
HOURLY RATE OF $105, TO A MAXIMUM AMOUNT OF $25,000, APPROVED.
(600.30)
8. CITY COUNCIL SUBCOMMITTEE RECOMMENDATION TO ALLOCATE
COMMUNITY ORGANIZATION GRANT PROGRAM FUND FOR FISCAL YEAR
2004-2005, APPROVED. (330.20)
Public Comment: Judi Robertson, Lake Forest resident, representing Mission
Hospital Asthma Program, requested continued funding for their program.
4 8-03-04
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Allevato and carried unanimously, 5-0, to approve the City Council
Subcommittee recommendation to allocate Community Organization Grant
Program Fund, in the amount of $34,000 for Fiscal Year 2004-2005, as follows:
$1,000 to the Assistance League of Capistrano Valley; $15,000 to the Camino
Health Center; $500 to Camp Fire USA; $1,500 to Capistrano Indian Council;
$500 to Family Assistance ministries; $1,500 to Laura's House; $500 to Ortega
Rangers -- 4H; $2,000 to San Juan Capistrano Community Task Force; $10,000
to South County Senior Services (meals); $500 to South Orange County
Community Services; and $1,000 to the Orange Curtain Theatre.
9. CASH BALANCES BY FUND -- JUNE 30, 2004, RECEIVED AND FILED.
(330.50)
10. REPORT OF INVESTMENTS — MONTH ENDING JUNE 30, 2004, RECEIVED
AND FILED. (350.30)
PUBLIC HEARINGS
RESOLUTION NO. 04-08-03-02 ADOPTED APPROVING THE QUITCLAIM OF
AN IRREVOCABLE OFFER FOR STREET AND HIGHWAY PURPOSES
WITHIN 31831 PASEO CIELO. (DEMOREST) (670.50)
Description: Mr. Jon Demorest requested the City abandon an Irrevocable Offer
for Street and Highway Purposes within his property at 31831 Paseo Cielo. Staff
has determined the Public Dedication is not necessary and recommended
abandonment of the subject offer.
Written Communications: Report dated August 3, 2004, by Ray Holland, Interim
Engineering and Building Director.
Presentation: William M. Huber, Assistant City Manager, summarized the staff
recommendation.
Mayor Soto opened the public hearing and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt Resolution No. 04-08-
03-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, QUITCLAIMING AN IRREVOCABLE OFFER FOR
STREET AND HIGHWAY PURPOSES WITHIN ASSESSORS PARCEL NO.
649-232-26 (31831 PASEO CIELOIJON DEMOREST)."
8-03-04
2. RESOLUTION NO. 04-08-03-03 ADOPTED CONCERNING WEED
ABATEMENT CHARGES ON THE PROPERTY TAX ROLL. (540.70)
Description: Pursuant to City Ordinance No. 348, Weed and Refuse Abatement,
and in cooperation with the County of Orange tax assessment procedures, the
charges for the City's Weed Abatement program have been prepared for City
Council confirmation. Staff recommended Council adopt the Resolution
confirming the assessments for the weed abatement charges and authorizing the
Orange County Auditor -Controller's Office to include the assessments on the
Property Tax Roll.
Written Communications: Report dated August 3, 2004, by Amy Amirani, Public
Works Director.
Presentation: Amy Amirani, Public Works Director, reviewed the staff report.
Public Testimony:
Dr. Rogers, City resident, said he did not receive adequate notice prior to weed
abatement performed on his property. Mayor Soto recommended Dr. Rogers
meet with staff to discuss weed abatement scheduling information.
Council Action: Moved by Mayor pro tem Hart, seconded by Mayor Soto and
carried unanimously, 5-0, to adopt Resolution No. 04-08-03-03, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE
2004 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN
CAPISTRANO."
RECESS AND RECONVENE
Council recessed at 8:14 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:14 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. MEDIX AMBULANCE SERVICE SELECTED AS THE CITY'S AMBULANCE
SERVICE PROVIDER AND STAFF DIRECTED TO NEGOTIATE AN
APPROPRIATE EXCLUSIVE OPERATING AREA AGREEMENT TO BE
BROUGHT BACK FOR FINAL APPROVAL. (600.30)
Mayor Soto recused himself from consideration of this agenda item due to a
business relationship with one competitor.
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Description: The Orange County Fire Authority (OCFA) has completed, on
behalf of the Orange County Emergency Medical Services Agency and the City,
a competitive process for the award of an exclusive operating area ambulance
service agreement within the City and adjacent Ortega Highway. A professional
bid proposal Grading Panel was assembled by OCFA to evaluate and rate each
bid proposal according to established criteria. American Medical Response
received an average score of 93.00% and Medix Ambulance Service, Inc.
received 88.83%. OCFA determined that both American Medical Response and
Medix Ambulance Service, Inc. are well qualified to provide the requested
services. Staff recommended Council evaluate relevant information, select one of
the companies to be the City's ambulance service provider, and direct staff to
bring back an agreement for final approval.
Written Communications: Report dated August 3, 2004, by Michael Cantor,
Senior Management Analyst.
Presentation: Michael Cantor, Senior Management Analyst, summarized the staff
report.
Public Comment:
Bryan Balmer, Garden Grove, representing American Medical Response, asked
to be selected as the City's ambulance service.
Wendy Leeds, Costa Mesa, representing the YMCA, supported selection of
American Medical Response as the City's ambulance service.
Joanne Dimas, Santa Ana, representing Medix Ambulance Service, discussed
Medix's history of service in the community and requested to continue as the
City's ambulance service.
Council Comment:
Council Members agreed that Medix had served the City faithfully for 25 years
without any complaints.
Council Action: Moved by Council Member Allevato, seconded by council
member Bathgate, and carried 4-0-1, with Mayor Soto abstaining, to select Medix
Ambulance Service as the City's ambulance service provider and direct staff to
negotiate an appropriate exclusive operating area agreement that will be brought
back to Council for final approval.
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ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Allevato, Bathgate
None
Mayor Soto
G2. ADMINISTRATIVE SERVICES DIRECTOR
a. RESOLUTION NO. 04-08-03-04 ADOPTED APPROVING THE JOINT
COMMUNITY FACILITIES AGREEMENT (CFD 2004-1) RELATING TO THE
RANCHO MADRINA (FORMERLY KNOWN AS HONEYMAN RANCH)
PLANNED DEVELOPMENT. (600.50)
Mayor Soto recused himself due to a business relationship with the applicant.
Council Member Bathgate recused herself due to her former employer's business
relationship with the applicant.
Description: The Rancho Madrina developer, William Lyon Homes, Inc., has
been working with the Capistrano Unified School District (CUSD) to form a
Community Facilities District (CFD) to fund CUSD fees and facilities. In order to
participate in the CFD, the City, CUSD, and the developer need to enter into a
Joint Community Facilities Agreement (JCFA). Staff recommended Council adopt
the Resolution approving the JCFA.
Written Communications: Report dated August 3, 2004, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director,
summarized the staff recommendation.
Tom Grable, representing William Lyon Homes, Inc., was available for questions.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Swerdlin, and carried 3-0-2, with Council Member Bathgate and Mayor
Soto abstaining, to adopt Resolution No. 04-08-03-04, entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT
AMONG THE CITY OF SAN JUAN CAPISTRANO, THE CAPISTRANO UNIFIED
SCHOOL DISTRICT, AND WILLIAM LYON HOMES, INC. RELATING TO THE
RANCHO MADRINA PLANNED DEVELOPMENT."
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ROLL CALL
AYES: COUNCIL_ MEMBERS: Hart, Swerdlin, Allevato,
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate, Mayor Soto
ORDINANCES
1. ORDINANCE NO. 895 RELATED TO PUBLIC WATER SUPPLY BACKFLOW
AND CROSS -CONNECTION (TITLE 6) ADOPTED. (1050.80)
_Description: A second reading and adoption of the Ordinance related to public
water supply backflow and cross -connection.
Written Communications: Report dated August 3, 2004, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PERTAINING TO THE CONTROL OF BACKFLOW AND CROSS -
CONNECTIONS (TITLE 6)."
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin, and carried unanimously, 5-0, to adopt the Ordinance related
to public water supply backflow and cross -connection.
2. ORDINANCE NO. 896 APPROVING THE COMPREHENSIVE DEVELOPMENT
PLAN FOR WHISPERING HILLS PLANNED COMMUNITY (CDP 04-01)
ADOPTED. (460.20)
Description: A second reading and adoption of the Ordinance regarding
Whispering Hills Planned Community.
Written Communications: Report dated August 3, 2004, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the Ordinance entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A COMPREHENSIVE DEVELOPMENT PLAN FOR WHISPERING
HILLS ESTATES (CDP 04-01)."
9 8-03-04
Public Comment:
Renee Ritchie, City resident, associated with the Las Vaqueras equestrian group,
thanked the City Council for their efforts to open the trails around the Whispering
Hills site.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin, and carried unanimously, 5-0, to adopt the Ordinance
regarding Whispering Hills Planned Community.
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:41 p.m. to
Tuesday, August 17, 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
mbanT 2004
UNI"
JOE SOTU MAYO
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