04-0921_CC_Minutes_Regular MeetingMINUTES
SEPTEMBER 21, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85): None
Mayor Soto called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:00 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 in honor of the late Lance Cpl. Derek L. Gardner, 20, San
Juan Capistrano resident, killed along with six other Marines after a bomb ripped
through a U.S. convoy outside of Fallujah, Iraq on September 6, 2004.
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
Building and Engineering 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 Allevato announced that he attended the League of California Cities
conference this past weekend; the League has formed good working relationships with
the Governor's office concerning the Local Initiative; and shared a quotation related to
raising funds for the Mission San Juan Capistrano's Great Stone Church.
Council Member Bathgate advised that she recently attended the South Orange County
Waste Water Authority Finance Committee and San Juan Basin Authority meetings; and
commended Amy Amirani, Public Works Director, for the Ground Water Recovery
Project status update presented at the San Juan Basin Authority meeting.
Council Member Swerdlin noted that the Environmental Impact Report for 241 -South
Toll Road is expected to be released in November; the Vector Control Board is actively
addressing West Nile Virus and Imported Red Fire Ant infestations; and the Vector of
the Month is Chigger Mites.
9-21-04
Mayor Soto announced his daughter's recent marriage and wished Lt. J. B. Davis a
happy belated birthday.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, encouraged the public to access the City's
website for additional information regarding the Orange County Library activities,
Chamber of Commerce activities, and Mission concerts held throughout the month of
September; and Annual Storytelling Festival in Historic Town Center Park, CARE Yard
Sale, and Mission Vintage events to be held in the month of October.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
CERTIFICATE OF ACHIEVEMENT PRESENTED TO RETIRED CALIFORNIA
DEPARTMENT OF FISH & GAME CAPT. JERRY SPANSAIL (610.40)
Mayor Soto recognized Retired California Department of Fish and Game Capt.
Jerry Spansail for the department's efforts during the mountain lion incident.
2. CERTIFICATE OF .ACHIEVEMENT PRESENTED TO DR. JOE CORTESE
(610.40)
Mayor Soto recognized Dr. Joe Cortese for volunteering his services at the City's
low-cost pet vaccination clinic and presented Dr. Cortese with a Certificate of
Achievement.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (910.10)
Mayor pro tem Hart recognized the following individuals in attendance: Marie
Buckner, Joanne Marquez, and Joann de Guevara, Housing Advisory
Committee; Brad Gates, Retired Orange County Sheriff; and Bill Hardy, WWII Air
Ace.
ORAL COMMUNICATIONS
Tom Rogers, City resident, commended staff for their comments concerning the Rancho
Mission Viejo Environmental Impact Report and its potential negative impacts on the
City. He requested city presence at future meetings concerning the development. Dave
Adams, City Manager, noted that staff has been present at these meetings and will
continue to monitor the project.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Alievato and carried unanimously, 5-0, to approve items 1, 2, 7, 8, 12, 13, 15, 16, and
19 as recommended by staff.
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1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES OF THE REGULAR MEETING OF AUGUST 17, 2004 APPROVED
AS SUBMITTED.
3. PERSONAL SERVICES AGREEMENT WITH RBF CONSULTING, INC. FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE
TERMINAL RESERVOIR NO. 3 PROJECT APPROVED AS RECOMMENDED
BY STAFF. (CIP NO. 753) (600.30)
Council Member Swerdlin requested that related items 3 through 6 be removed
from the Consent Calendar for discussion.
Amy Amirani, Public Works Director, advised that staff recommends approval of
the cost proposal submitted by RBF Consulting, Inc. over lesser cost proposals
because it included more tasks and utilized a geotechnical firm the City had
previously worked with; and the budget projected at this time is under the amount
allocated for the project.
Jerome Ruddins, Vice President RBF Consulting, Inc., advised that their
presence on site is for quality assurance, interaction with the public, and
addressing and/or forwarding design questions in order the keep the project
moving forward in a timely manner.
John Shaw, City Attorney, agreed to check with the Joint Powers Insurance
Authority to ensure that the insurance liability limits are suitable under these
circumstances and adjust if necessary.
Council Action: Moved by Mayor Soto, seconded by Council Member
Bathgate, and carried unanimously, 5-0 to approve personal services agreement
with RBF Consulting, Inc., in the amount of $1,045,920 for construction
management and inspection services for the Terminal Reservoir No. 3 project.
4. CONSTRUCTION CONTRACT FOR THE TERMINAL RESERVOIR NO. 3
PROJECT APPROVED. (CIP NO. 753) (600.30)
Council Action: Moved by Mayor Soto, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to acknowledge the receipt of all bids;
award the Construction Contract to Gateway Pacific Contractors, Inc., in the
amount of $10,527,276, with the condition that the contract will include insurance
liability limits as recommended by the Joint Powers Insurance Authority;
authorize the Mayor to execute the construction contract; and authorize the City
Manager to approve necessary changes to the contract within the project budget.
9-21-04
5. RESOLUTION NO. 04-09-21-01 ADOPTED DEDICATING A UTILITY
EASEMENT TO THE SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE
TERMINAL RESERVOIR NO. 3 PROJECT. (CIP NO. 753) (670.50)
Council Action: Moved by Mayor Soto, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 04-09-21-01,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, GRANTING A UTILITY EASEMENT FOR THE
TERMINAL NO. 3 RESERVOIR (SAN DIEGO GAS AND ELECTRIC COMPANY)
(TRACT 10103)."
6. AMENDMENT TO A PERSONAL SERVICES AGREEMENT FOR
CONSTRUCTION ENGINEERING SERVICES FOR THE TERMINAL
RESERVOIR NO. 3 PROJECT APPROVED (CAMP DRESSER AND MCKEE,
INC.) (CIP NO. 753) (600.30)
Council Action: Moved by Mayor Soto, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to approve Amendment No. 4 with
Camp Dresser and McKee, Inc., in the amount of $209,987 for construction
engineering services for the Terminal Reservoir No. 3 project; the Mayor
authorized to execute the Amendment; and the City Manager authorized to
approve necessary changes to the agreement within the project budget:
7. SUBROGATION CLAIM OF LAUREL WRIGHT, MERCURY INSURANCE,
DENIED, BASED UPON INVESTIGATION AND RECOMMENDATION OF THE
CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (150.10)
8. AGREEMENT ESTABLISHING SOILS SUBSIDENCE REMEDIATION
PROGRAM WITH RANCHO MADRINA COMMUNITY ASSOCIATION AND
WILLIAM LYON HOMES, INC. FOR TRACT 16221, FOR WILLIAM LYON
HOMES, INC., APPROVED. (TRACT 16221, WILLIAM LYON HOMES, INC.)
(RANCHO MADRINA COMMUNITY ASSOCIATION) (600.30)
9. AGREEMENT WITH THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY
TO PROVIDE AFTER SCHOOL RECREATION PROGRAMS APPROVED.
(600.30)
Mayor Soto requested that the related items 9 & 10 be removed from the
Consent Calendar for comment.
Mayor Soto commended previous City Councils, Al King, Jr., and staff for their
efforts to address the needs of the City's youth by supporting the Boys and Girls
Clubs of Capistrano Valley and Camp Fire USA after school recreation programs.
4 9-21-a4
Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart,
and carried unanimously, 5-0, to approve the Agreement with the Boys & Girls
Clubs of Capistrano Valley, in the amount not to exceed $71,820, to provide after
school recreation programs for the period of September 22, 2004 through June
30, 2005.
10. AGREEMENT WITH CAMP FIRE USA ORANGE COUNTY COUNCIL FOR
AFTER-SCHOOL RECREATION PROGRAMS APPROVED. (600.30)
Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart,
and carried unanimously, 5-0, to approve the Agreement with Camp Fire USA
Orange County Council, in an amount not to exceed $50,400, to provide after
school recreation programs for the period of September 22, 2004 through June
30, 2005.
11. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 2, 2004, IN THE
AMOUNT OF $1,911,973.69; AND PAYROLL WARRANTS DATED
SEPTEMBER 10, 2004, IN THE AMOUNT OF $278,978.83, 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 receive and file Accounts Payable Warrants dated September 2, 2004, in the
amount of $1,911,973.69; and Payroll Warrants dated September 10, 2004, in
the amount of $278,978.83.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Allevato, Mayor Soto
None
Bathgate
12. LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND AYSO REGION 87 FOR USE OF THE CONCESSION STAND AT THE
SAN JUAN CAPISTRANO SPORTS PARK AND COOK PARK/CORDOVA FOR
THE PERIOD OF SEPTEMBER 22, 2004 THROUGH JANUARY 31, 2005
APPROVED. (600.30)
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13. EXPIRATION OF THE PROFESSIONAL SERVICES AGREEMENT WITH
DAVID VOLZ DESIGN FOR PROVIDING SERVICES IN CONJUNCTION WITH
THE CITY'S CAMINO CAPISTRANO RECREATION CORRIDOR MASTER
PLAN, WHICH IS SET TO EXPIRE SEPTEMBER 30, 2004, APPROVED. (CIP
NO. 459) (DAVID VOLZ DESIGN) (600.30)
14. TELECOMMUNICATIONS ENCROACHMENT AGREEMENT WITH
GREENFIELD COMMUNICATIONS FOR FIBER OPTIC CONNECTIVITY WITH
THE PACIFIC POINT DEVELOPMENT APPROVED. (TRACT 14196) (600.30)
Council Member Swerdlin asked that this item be removed from the Consent
Calendar for clarification.
Council Member Bathgate recused herself from consideration of this item.
Council Member Swerdlin ascertained that both Greenfield Communications and
Cox Cable would be installing cable lines within the development, providing both
similar and separate services.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
pro tem Hart, and carried 4-0-1, with Council Member Bathgate abstaining, to
approve the Telecommunications Encroachment Agreement with Greenfield
Communications for fiber optic connectivity with the Pacific Point Development.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Alievato, Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS:
Bathgate
15. 2004 CONFLICT OF INTEREST CODE LOCAL AGENCY BIENNIAL NOTICE
FOR THE CITY OF SAN JUAN CAPISTRANO, SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY, AND THE SAN JUAN
CAPISTRANO PUBLIC FINANCING AUTHORITY, RECEIVED AND FILED.
(640.40)
16. RESOLUTION NO. 04-09-21-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING THAT THE CITY OF SAN JUAN CAPISTRANO IS
SUBJECT TO THE PROVISION OF PUBLIC RESOURCES CODE, DIVISION
17 'GEOLOGIC HAZARD ABATEMENT DISTRICTS' (TRACT 16221, (WILLIAM
LYON HOMES, INC.) (RANCHO MADRINA);" AND RESOLUTION NO. 04-09-
21-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
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SUFFICIENCY OF THE PETITION, DIRECTING A NOTICE TO BE MAILED TO
THE PROPERTY OWNER AND SETTING A TIME AND DATE FOR PUBLIC
HEARING FOR FORMATION OF A GEOLOGIC HAZARD ABATEMENT
DISTRICT PURSUANT TO THE REQUIREMENTS OF PUBLIC RESOURCES
CODE OF THE STATE OF CALIFORNIA, DIVISION 17 `GEOLOGIC HAZARD
ABATEMENT DISTRICTS' (TRACT 16221, WILLIAM LYON HOMES, INC.)
(RANCHO MADRINA)." (345.20)
17. RESOLUTION NO. 04-09-21-04 ADOPTED ESTABLISHING PERMIT PARKING
ON CALLE LORENZO AND CALLE RESPLENDOR AND PERMITTING THE
CITY ENGINEER TO ESTABLISH PERMIT PARKING ON CALLS SANTA
ROSALIA, CALLS CHUECA AND/OR CALLE BONITA IF CERTAIN
CONDITIONS ARE MET. (570.70)
Related items 17 & 18 were removed from the Consent Calendar to allow for
public comment.
Public Comment:
Rafael Alcala, City resident, felt the parking situation had not been adequately
scrutinized before this proposal was put forth.
Jeff Jones, City resident, provided plans illustrating an alternate proposal that
converts Calle Lorenzo to one-way only.
Joe Ledger, City resident, representing the homeowner's association, supported
converting Calle Lorenzo to one-way only due to its narrow width.
Jean Topley, City resident, supported the permit parking program to increase
safety and address the shortage of parking.
Staff Comment:
Ray Holland, Interim Building and Engineering Director, advised that staff
considered many options before recommending the parking program in response
to residents' requests; that the existing conditions create serious safety hazards;
that staff will analyze the one-way street solution brought up this evening; and
staff and the Transportation Commission are recommending approval of the
proposal.
David Adams, City Manager, suggested Council consider establishing a
subcommittee to work with affected neighbors and staff to address the parking
issues associated with this development and similar developments throughout
the City. This suggestion will be placed on a future agenda for consideration.
7 9-21-04
Council Comment:
Council Members supported the staff recommendation and agreed that all
affected homeowners in the area should be informed of and agree with any
solution proposed; that staff perform an in-depth study to develop long term
strategies to determine the underlying causes of the existing parking situation;
and suggested that implementation and enforcement costs be considered in
comparison to the permit fees charged.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
pro tem Hart, and unanimously carried, 5-0, to adopt Resolution No. 04-09-21-
04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NO PARKING EXCEPT
WITH PERMIT 3:00 A.M. TO 6:00 A.M. ON CALLE LORENZO AND CALLE
RESPLENDOR."
18. RESOLUTION NO. 04-09-21-05 ADOPTED ESTABLISHING "NO PARKING
ANYTIME" ON CERTAIN CITY STREETS. (570.30)
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
pro tem Hart, and unanimously carried, 5-0, to adopt Resolution No. 04-09-21-
05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING -NO PARKING ANYTIME -
ON THE NORTH SIDE OF CALLS LORENZO BETWEEN CAMINO
CAPISTRANO AND CALLS SANTA ROSALIA."
19. STEPHANIA FRANCONE APPOINTED TO ACT AS A HEARING OFFICER
FOR THE PURPOSE OF CONDUCTING A RENT REVIEW HEARING FOR A
RENT INCREASE PROPOSED BY THE OWNER OF CAPISTRANO TERRACE
MOBILE HOME PARK. (430.70)
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 8:24 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:30 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES - None
9-21-04
COUNCILMANIC ITEMS
1. VACANCY DECLARED ON THE HOUSING ADVISORY COMMITTEE AS OF
OCTOBER 1, 2004; AND THE CITY CLERK DIRECTED TO SOLICIT
APPLICATIONS TO FILL THE VACANCY. (110.40)
Description: The City Clerk received a letter of resignation from Howard
Langhans, Housing Advisory Committee Member, effective October 1, 2004.
Staff recommended Council declare the vacancy and direct the City Clerk to
solicit applications to fill the vacancy.
Written Communications: Report dated September 21, 2004, by Meg Monahan,
City Clerk.
Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart,
and carried unanimously, 5-0, to declare a vacancy on the Housing Advisory
Committee as of`October 1, 2004; and direct the City Clerk to solicit applications
to fill the vacancy from the mobile home park community.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:31 p.m. to
Tuesday, October 5, 2004, at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public
Business Section, in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CITY CLERK
ATTEST:
JOE SOTOIMAYOR
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