04-0907_CC_Minutes_Regular MeetingMINUTES
September 7, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85):
The following noticed Closed Session was not held:
Pursuant to Government Code Section 54956.9(b)(2) & (c), the City Council will
confer with its legal counsel regarding one matter.
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.
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: 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 Building and Engineering Director;
Amy Amirani, Public Works Director; Al King, Jr., Community Services Director; Douglas
Dumhart, Economic Development Manager; Karen Crocker, Community Services
Manager; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS: None
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, announced upcoming communitywide events
including, Boys and Girls Club Bolo Tie and Boots Ball, September 10 San Juan
Summer Nites Concert and Business Expo, September 15h; Shea Center Annual
Country BBQ, September 18th; C.A.R.E. golf tournament, September 27t�'; and the
Mission San Juan Capistrano Music Under the Stars concerts held throughout the
month of September.
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INTRODUCTIONS PRESENTATIONS AND DONATIONS
SEPTEMBER 18, 2004, PROCLAIMED INNER -COASTAL WATERSHED
CLEANUP DAY (610.40)
Council Member Bathgate proclaimed September 18, 2004, as Inner -Coastal
Watershed Cleanup Day and presented the proclamation to Gregory Stapley,
Bishop of the Capistrano 2nd Ward, Church of Jesus Christ of Latter Day Saints.
2. CERTIFICATE OF RECOGNITION PRESENTED TO FORMER
COMMISSIONER VIRGINIA NONACA CHAVEZ (110.30)
Karen Crocker, Community Services Manager, recognized former Youth
Advisory Board Adult Advisor, Virginia Nonaca Chavez, for her service to the City
and Mayor Soto presented Chavez with a Certificate of Recognition.
3. WEEK OF SEPTEMBER 17, 2004, THROUGH SEPTEMBER 23, 2004,
DESIGNATED AS CONSTITUTION WEEK (610.40)
Mayor Soto proclaimed the week of September 17, 2004, through September 23,
2004, as Constitution Week and Mayor Soto presented the proclamation to Ann
Sloan Jones, San Clemente Chapter of the National Society of Daughters of the
American Revolution.
4. MAJOR SPONSORS OF THE 2004 4T" OF JULY CELEBRATION
RECOGNIZED (610.40)
Karen Crocker, Community Services Manager, recognized the major sponsors of
the City's 2004 4th of July Celebration and Mayor Soto presented plaques to
Michael Dimar, Medix Ambulance Services and Alan Adamo, Fluidmaster,
thanking them for their participation.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart recognized the following individuals in attendance: Jan
Siegel, Cultural Heritage Commission; Les Blair, Council liaison to the San Juan
Seniors; Ken Friess, former Mayor; and Steve Whitaker, OCFA Battalion Chief.
ORAL COMMUNICATIONS
Ruth Kurisu, Laguna Niguel resident and Director of the Orange Curtain Theatre, asked
to be kept informed regarding the City's plans for future development of the Camino
Real Playhouse, where the Theatre leases space and conducts classes.
Clint Worthington, City resident, requested assistance from City staff in his efforts to
contact the Sheriffs Department to contest a parking ticket he received. William M.
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Huber, Assistant City Manager, will look into the matter and get back to Mr. Worthington
in a timely manner.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Bathgate and carried unanimously, 5-0, to approve items 1 through 12 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE AUGUST 3, 2004, REGULAR MEETING OF THE CITY
COUNCIL APPROVED AS SUBMITTED.
3. MULTI -AGENCY ALTERNATE EMERGENCY OPERATION CENTER (EOC)
EMERGENCY PLAN FOR SAN ONOFRE NUCLEAR GENERATING STATION
(SONGS) ADOPTED; AND THE CITY MANAGER AUTHORIZED TO EXECUTE
THE AGREEMENT ON BEHALF OF THE CITY. (520.30)
4. COOPERATIVE AGREEMENT AND FRANCHISE AGREEMENT FOR CABLE
TELEVISION SERVICES WITH COX COMMUNICATIONS APPROVED.
(600.30)
5. REPORT OF INVESTMENTS, MONTH ENDING JULY 31, 2004, RECEIVED
AND FILED. (350.30)
6. RESOLUTION NO. 04-09-07-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
UPDATING THE CITY DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM FOR FISCAL YEAR 2004-2005," ADOPTED. (820.25)
7. MINOR CLERICAL BID ERROR WAIVED AND CONTRACT AWARDED FOR
THE RANCHO VIEJO ROAD REHABILITATION, MALASPINA ROAD TO 1700 -
FEET SOUTH, CAPITAL IMPROVEMENT PROJECT 127, TO THE LOW
RESPONSIBLE BIDDER, ALL AMERICAN ASPHALT, IN THE AMOUNT OF
$81,935.12, AND ALL OTHER BIDS REJECTED. (600.30)
8. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 19, 2004, IN THE
AMOUNT OF $1,317,334.01; PAYROLL WARRANTS DATED AUGUST 13,
2004, IN THE AMOUNT OF $274,584.96 AND PAYROLL WARRANTS DATED
AUGUST 27, 2004, IN THE AMOUNT OF $243,947.99, RECEIVED AND FILED.
(300.30)
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9. PERSONAL SERVICES AGREEMENT WITH WEBB COMMUNITY
MANAGEMENT, INC. FOR ADMINISTRATION OF THE OVERNIGHT PARKING
PERMIT PROGRAM AT THE CAPISTRANO VILLAS I, II, AND III, IN THE
AMOUNT OF $19,000, AND FOR THE PERIOD OF SEPTEMBER 17, 2004, TO
JUNE 30, 2005, APPROVED. (600.30)
10. RENEWAL OF LEASE AGREEMENT WITH THE CAPISTRANO INDIAN
COUNCIL FOR LEASE OF THE HARRISON FARM HOUSE, FOR $1.00 PER
YEAR, APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.20)
11. CASH BALANCES BY FUND - JULY 31, 2004, RECEIVED AND FILED.
(330.50)
12. REVISIONS TO CITY COUNCIL POLICY 112 — PERSONAL SERVICES
SELECTION GUIDELINES, APPROVED. (610.30)
13. AGREEMENT WITH THE CHAMBER OF COMMERCE FOR VISITOR
INFORMATION SERVICES FOR FISCAL YEAR 2004-2005 APPROVED.
(600.30)
Council Member Swerdlin ascertained that the Chamber agreed with the
proposed amended language.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
Soto, and carried unanimously, 5-0, to approve the Agreement with the Chamber
of Commerce for Visitor Information Services for Fiscal Year 2004-2005, in the
amount of $25,000, with Section 1(ii) added to allow for a downtown staffed
information service center in lieu of maintained quarters in the downtown area.
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7;30 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:31 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. RESOLUTION NO. 04-09-07-02 ADOPTED DECLARING THE SDG&E
TROUBLESMAN'S COTTAGE AS SURPLUS PROPERTY AND STAFF
DIRECTED TO OFFER THE COTTAGE TO THE GENERAL PUBLIC. (670.60)
Description: The subject Troublesman`s Cottage (Cottage) was removed from
the San Diego Gas & Electric property in 2003 and relocated to the Los Rios RV
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storage lot. The City is currently in the process of closing the RV storage lot to
make way for the Los Rios parking lot and future park site. Staff has identified
two options for the Cottage. Option 1 envisions relocating the Cottage to the Little
Hollywood area for use as an affordable housing unit. Staff has estimated the
cost of rehabilitating the Cottage would be approximately $50,000 more than the
cost of a prefabricated unit. Option 2 would declare the Cottage "Surplus
Property" and offer it to the public. To date, 3 members of the public have
expressed interest in moving the Cottage to private properties located outside of
the designated Los Rios Historic District. Staff recommended the City Council
declare the Troublesman's Cottage surplus property and offer it to the general
public.
Written Communications: Report dated September 7, 2004, by Douglas
Dumhart, Economic Development Manager.
Presentation: Douglas Dumhart, Economic Development Manager, summarized
the staff report.
Public Comment:
Ken Friess, City resident, supported relocating the cottage to private property
and recovery of city funds expended to restore the cottage, suggesting use as a
facility for theater groups.
Kathie Cook, City resident, expressed interest in relocating the Cottage to the
Cook Barn site, to be restored and made accessible to the public.
Council Action: Moved by Mayor pro tern Hart, seconded by Council
Member Allevato and carried unanimously, 5-0, to adopt Resolution No. 04-09-
07-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING CERTAIN PROPERTY
INVENTORY AS SURPLUS."
G2. ENGINEERING AND BUILDING DIRECTOR
a. REMOVAL OF THE GAZEBOS AT THE SAN JUAN CAPISTRANO LIBRARY
APPROVED. (CIP NO. 454) (600.30)
Description: The San Juan Capistrano Regional Library, designed by Architect
Michael Graves, features gazebos at the rear of the property currently in need of
major repair. The gazebos, although constructed as reading retreats, have
become a ladder system to the roof, facilitating vandalism and attracting
transients. Staff has identified two options for Council consideration. Under
Option 1, the gazebos and concrete base slabs would be removed and replaced
with irrigated landscaping and screening. Under Option 2, the gazebos would be
restored, but may continue to be subject to the same vandalism and transient
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problems currently in place. Staff has determined the gazebo areas are not used
by the public for their intended function and recommended Council approve
Option 1, removal of the gazebos.
Written Communications: Report dated September 7, 2004, by Ray Holland,
Interim Engineering and Building Director.
Presentation: Brian Perry, Project Manager, reviewed the staff recommendation.
Public Comment:
Ken Friess, City resident, supported the staff recommendation and suggested the
area be used for an addition to the library, to be financed with fundraising efforts.
Mary Eidsvold, City resident representing Friends of the Library, supported
removal of the gazebos and asked Council to support a library expansion.
Teri Garza, Librarian, San Juan Capistrano Library, supported removing the
gazebos.
Council Actions: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin, and carried unanimously, 5-0, to approve Option 1 regarding
the options for the gazebos at the rear of the San Juan Capistrano Library.
Moved by Mayor pro tem Hart, seconded by Council Member Allevato, and
carried unanimously, 5-0, to approve using the $30,000 saved by the City when
the General Municipal Election was canceled as seed money for the Library
expansion.
Moved by pro tem Hart, seconded by Council Member Swerdlin, and carried
unanimously, 5-0, to approve appointing Mayor Soto and Council Member
Allevato to represent the City Council in the Library expansion proposal.
ORDINANCES
ORDINANCE NO. 897 APPROVING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND PUEBLO SERRA WORSHIP HOLDINGS
ADOPTED. (600.30)
Description: A second reading and adoption is necessary for the Ordinance
approving the Development Agreement between the City and Pueblo Serra
Worship Holdings to go into effect. Staff recommended Council waive full reading
of the ordinance; and adopt the ordinance approving the Development
Agreement.
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Written Communications: Agenda Report dated September 7, 2004, by Meg
Monahan, City Cleric; Supplementary Agenda Report dated September 7, 2004,
by Meg Monahan, City Clerk.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT
FOR THE JSERRA HIGH SCHOOL PROJECT (PUEBLO SERRA, INC.)"
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Allevato, and carried 4-1-0, with Council Member Bathgate against, to
waive full reading of the ordinance and adopt the Ordinance approving the
Development Agreement between the City and Pueblo Serra Worship Holdings.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
COUNCILMANIC ITEMS - None
ADJOURNMENT
Hart, Swerdlin, Allevato, Mayor Soto
Bathgate
None
There being no further business, Mayor Soto adjourned the meeting at 8:00 p.m. to
Tuesday, September 21, 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 su
ME
, CITY CLERK
ApplcoVed: October 5, 2004
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