05-0215_CC_Minutes_Regular MeetingMINUTES
FEBRUARY 15, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85)
A closed session was scheduled for the following purposes, as authorized by Statute:
1. Settlement agreement and release, Saddleback Valley Christian v. SJC,
withdrawn from consideration.
Mayor Hart 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. Deputy Moore of San
Juan Capistrano Police Services led the Pledge of Allegiance and Mayor pro tem
Swerdlin gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, Joe Soto, Mayor pro
tem David M. Swerdlin, and Mayor Wyatt Hart.
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; Nasser Abbaszadeh, Engineering and Building
Director; Amy Amirani, Public Works Director; Lt. J. B. Davis, Chief of Police Services;
Douglas D. Durnhart, 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
Council Member Allevato thanked staff for installing a new equestrian crossing at
Juliana Farms.
Council Member Bathgate reported attending a South Orange County Waste Water
Authority Finance Committee meeting.
Council Member Soto reported officiating at the opening of the Dollar Store; and
congratulated Council Member Bathgate for being honored a "Woman of Distinction" by
the Soroptimist Club.
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Mayor pro tem Swerdlin announced the Vector of the Month -- Malaria Mosquitoes of
Orange County; and reported TCA's interest in a corridor alternative linking Lake
Elsinore to Orange County.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming events including a
Volunteer Appreciation Dinner; Annual Taste of San Juan; Dedication of the Ground
Water Recovery Plant; and the State of the City Reception, sponsored by the Chamber
of Commerce.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. DEPUTY OF THE YEAR AWARD PRESENTED TO DEPUTY JEFFREY
HALLOCK (610.40)
Lt. J. B. Davis recognized Deputy Jeffrey Hallock as the 2004 San Juan
Capistrano Deputy of the Year and Mayor Hart presented him with a special
plaque with the gratitude of the City Council
2. CERTIFICATE OF ACHIEVEMENT PRESENTED TO SISTER MARY
ELIZABETH CLARK (610.40)
Mayor Hart recognized Sister Mary Elizabeth Clark for providing the largest free
online information bank on HIV and AIDS in the world and presented her with a
Certificate of Achievement.
3. CERTIFICATE OF ACHIEVEMENT PRESENTED TO ROTARY OF SAN JUAN
CAPISTRANO (610.40)
Mayor Hart recognized the Rotary of San Juan Capistrano, honoring Rotary
International's 100 years of service and presented a Certificate of Achievement
to Sue Beitler, President.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin recognized the following individuals in attendance: Kathy
Hooper, Parks, Recreation and Equestrian Commission; Marie Buckner and
Joann de Guevara, Housing Advisory Committee; Joe Drey, Planning
Commission; Mark Darnold, Capistrano Unified School District Trustee; Phil
Schwartze, former Mayor; and the Fiesta Association Board of Directors.
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ORAL COMMUNICATIONS
David Shapira and Dick Harman, 1040 E. Deer Street, Ste 100, Santa Ana,
representing the American Cancer Society, requested Council support and involvement
in the Second Annual Relay for Life Event to be held at St. Margaret's School.
Shelly Barker, City resident, requested Council add multi -use trails to the City Council's
priority projects list.
Kim Gould, City resident, requested Council add multi -use trails to the City Council's
priority projects list; and thanked the Council for recent improvements to certain
equestrian trails.
Phillip Schwartze, City resident, representing CARE, reviewed the successes of the
recent CARE Car Show and thanked Council for their support.
Richard Hill Adams, City resident, complemented Police Services for their quick action
concerning a recent police chase; and thanked Council for their support of the recent
President Lincoln event.
Vicky Talley, Director of the Manufactured Housing Educational Trust, spoke to item
number 12 on the Consent Calendar. She asked Council to reconsider the resolution
denying the rent increase and reevaluate the City's Rent Control Ordinance.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve items 1, 2, 4 through 7, and 9
through 11, as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JANUARY 18, 2005, APPROVED
AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 3, 2005, IN THE
AMOUNT OF $1,657,854.75; AND PAYROLL WARRANTS DATED JANUARY
28, 2005, IN THE AMOUNT OF $267,986.04, RECEIVED AND FILED. (300.30)
This item was removed from the Consent Calendar agenda to allow Council
Member Bathgate to abstain.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file accounts payable warrants dated February 3, 2005, in the
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amount of $1,657,854.75; and payroll warrants dated January 28, 2005, in the
amount of $267,986.04.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Soto, Swerdlin, Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
4. MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN JUAN
CAPISTRANO FIESTA ASSOCIATION AND THE CITY OF SAN JUAN
CAPISTRANO, RECOGNIZING THE FIESTA ASSOCIATION AS LEAD
AGENCY IN PLANNING, COORDINATING, AND CONDUCTING ALL OFFICIAL
EVENTS ASSOCIATED WITH THE 2005 FIESTA DE LAS GOLONDRINAS
CELEBRATION APPROVED; AND RESOLUTION NO. 05-02-15-01, ENTITLED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR A WAIVER OF
CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR
THE EVENTS ASSOCIATED WITH THE 2005 FIESTA DE LAS GOLONDRINAS
CELEBRATION, SWALLOWS DAY PARADE, JULY 4T" CELEBRATION; AND
GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE
REGULATIONS FOR HOOS'GOW DAY AND SWALLOWS PARADE DAY,"
ADOPTED. (600.30/390.30)
5. CONSTRUCTION AND REIMBURSEMENT AGREEMENT FOR OFF-SITE
CIRCULATION IMPROVEMENTS, TRACT 16221, WITH WILLIAM LYON
HOMES, INC., AS IT CONFORMS TO THE REQUIREMENTS SET FORTH IN
THE APPROVED TENTATIVE TRACT MAP CONDITIONS AND ACCEPT THE
CORRESPONDING SECURITIES, APPROVED; AND THE CITY CLERK
DIRECTED TO PROCESS RECORDING OF THE AGREEMENT. (600.60)
6. RESOLUTION NO. 05-02-15-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING PUBLIC WATER FACILITIES AND RELATED WATER
EASEMENTS, QUITCLAIMING OF EXISTING WATER EASEMENT,
RELEASING OF CORRESPONDING SURETY, AND AUTHORIZING
ISSUANCE OF A NOTICE OF COMPLETION FOR PUBLIC WATER
FACILITIES (MSGR. PAUL M. MARTIN FAITH & EDUCATION CENTER)
(DIOCESE OF ORANGE) (APN 124-180-03 & 124-180-06)," ADOPTED; AND
THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE RELATED
DOCUMENTS. (600.301670.50)
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7. RESOLUTION NO. 05-02-15-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
TERMINATING A LOCAL EMERGENCY DECLARED ON JANUARY 11, 2005,"
ADOPTED. (520.10)
8. RESOLUTION NO. 05-02-15-04 ADOPTED APPROVING THE APPLICATION
FOR GRANT FUNDS FOR THE RECYCLED WATER SYSTEM TO THE STATE
WATER RESOURCES CONTROL BOARD (SWRCB) WATER RECYCLING
CONSTRUCTION PROGRAM (1050.40)
This item was removed from the agenda by Council Member Soto, who
commended staff for their fine job on the grant application for Proposition 50
funds.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried unanimously, 5-0, to adopt RESOLUTION NO. 05-02-
15-04, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION
AND REIMBURSEMENT FOR GRANT FUNDS FOR THE WATER RECYCLING
CONSTRUCTION PROGRAM UNDER THE CALIFORNIA CLEAN WATER,
CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION
BOND ACT OF 2002 (RECYCLED WATER DISTRIBUTION SYSTEM)."
9. CLAIM OF RONALD AND WANDA WOODS DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY. (170.70)
10. AMENDMENT TO THE LICENSE AGREEMENT WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) CONCERNING THE VEREDA
BIKEWAY UNDERCROSSING (CIP NO. 124) APPROVED. (600.50)
11. RESOLUTION NO. 05-02-15-05, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN," ADOPTED. (700.20)
12. RESOLUTION NO. 05-02-15-06, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DENYING PETITION FOR RENT INCREASE BY OWNERS OF SAN JUAN
MOBILE ESTATES MOBILE HOME PARK," ADOPTED (430.70)
Written Communications: A memorandum from the City Clerk was distributed to
the City Council prior to the meeting providing a revised resolution that included
minor language changes.
2-15-2005
PUBLIC HEARINGS
1. TEMPORARY STREET CLOSURES FOR THE FIESTA DE LAS
GOLONDRINAS PARADE AND THE MERCADO, ON SATURDAY, MARCH 19,
2005, APPROVED; AND ISSUANCE OF A PARADE PERMIT TO THE SAN
JUAN CAPISTRANO FIESTA ASSOCIATION APPROVED (150.60)
Description: The San Juan Capistrano Fiesta Association submitted an
application for a parade permit and associated street closures for the Fiesta de
Las Golondrinas Parade and Mercado scheduled for Saturday, March 19, 2005.
Staff recommended approval of the parade permit and the necessary street
closures for both the parade and the Mercado.
Written Communications: Report dated February 15, 2005, by Nasser
Abbaszadeh, Engineering and Building Director.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Public Testimony:
Tom Ostensen, president of the Fiesta Association, thanked Council and staff for
all their help and support in the past.
Council Action: Moved by Council Member Soto, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the temporary street
closures for the Fiesta De Las Golondrinas Parade and the Mercado (as shown
on attachments 2 and 3) on Saturday, March 19, 2005; and approve the issuance
of a parade permit to the San Juan Capistrano Fiesta Association, per the City
Municipal Code, Section 5-11.05 (b).
RECESS AND RECONVENE
Council recessed at 8:04 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:04 p.m.
ADMINISTRATIVE ITEMS
G1. CITY ATTORNEY
A. FIRST READING AND INTRODUCTION OF AN ORDINANCE
AMENDING MUNICIPAL CODE RELATING TO RENT REVIEW
HEARING PROCEDURES APPROVED (430.30)
Description: The owners of Capistrano Terrace Mobile Home Park
presented rent increases to residents in the park based on their one year
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anniversary dates. Park residents filed a protest petition with the City upon
receipt of the first notice of rent increase, triggering the rent review
process. Although the ordinance is not specific to this point, it appears that
the ordinance was intended to trigger one rent review hearing when the
increase is intended to be the same for all residents. Staff is proposing an
ordinance amending the Municipal Code to make it clear that there will be
just one hearing conducted by one hearing officer for all such similarly
situated rent increases. Staff recommended approval of first reading and
introduction of an ordinance amending Municipal Code sub -section 2-
2903(a) relating to rent review hearing procedure.
Written Communications: Report dated February 15, 2005, by John R.
Shaw, City Attorney.
Presentation: John R. Shaw, City Attorney, reviewed the staff
recommendation.
Public Comment: Vicky Talley, Director of the Manufactured Housing
Educational Trust, stated that there were many problems with the
ordinance as written and urged the Council to reevaluate the entire
ordinance.
Meg Monahan, City Clerk, read the title of the ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO AMENDING
MUNICIPAL CODE SUBSECTION 2-2.903(A) OF ARTICLE 9, `MOBILE
HOME RENT CONTROL,' OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE."
Council Action: Moved by Mayor pro tem Swerdlin, seconded by
Council Member Allevato, and carried unanimously, 5-0, to approve
introduction and first reading of the ordinance amending Municipal Code
sub -section 2-2.903(a) relating to rent review hearing procedure.
G2. ENGINEERING & BUILDING DIRECTOR
FISCAL YEAR 2004-2005 MID -YEAR CAPITAL IMPROVEMENT
PROGRAM APPROVED (330.40)
Description: Staff reviewed the approved 2004-2005 Capital
Improvement Program in light of actual revenues to midyear and projected
revenues to the end of the fiscal year. Project changes based on
increased costs, schedule deferrals, or project additions are
recommended for City Council consideration. Staff recommended
approval of the 2004-2005 midyear budget as shown in the Midyear
Capital Improvement Program.
2-15-2005
Written Communications: Report dated February 15, 2005, by Nasser
Abbaszadeh, Engineering and Building Director.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by
Council Member Soto, and carried unanimously, 5-0, to approve the
Midyear Capital Improvement Program for 2004-2005.
G3. ADMINISTRATIVE SERVICES DIRECTOR
a. FISCAL YEAR 2004-2005 MID -YEAR OPERATING BUDGET
ADJUSTMENTS APPROVED AS PRESENTED (330.20)
Description: Staff reviewed the financial operations of the City and
evaluated the City's revenues and expenditures for the first six months of
operations. In order to provide an updated finaWiai picture for the
balance of the current year's operations, revisions to the original revenue
and expenditures estimates are recommended for City Council
consideration. Staff recommended Council approve the proposed mid-
year budget adjustments as presented.
Written Communications: Report dated February 15, 2005, by Cynthia L.
Russell, Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director,
reviewed the staff recommendation.
Council Members questioned whether adequate funds were set aside for
economic emergencies and asked staff to do research to determine the
commonly accepted industry standard percentage for reserve funds and
bring back a recommendation.
Council Action: Moved by Council Member Soto, seconded by
Council Member Allevato, and carried unanimously, 5-0 to approve the FY
2004-2005 Mid -Year Operating Budget adjustments as presented.
ORDINANCES - None
COUNCILMANIC ITEMS - None
2-15-2005
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:40 p.m. to
Monday, March 1, 2005, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public
Business Session, in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CITY CLERK
: March 15, 2005
ATTEST:
Y oF
HART, A O
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