05-0301_CC_Minutes_Regular MeetingMINUTES
MARCH 1, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85)
A closed session was held for the following purposes, as authorized by Statute:
Pursuant to Government Code section 54957, the City Council conducted a
performance evaluation of the City Manager,
Mayor Hart 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 Mayor pro tem Swerdlin gave the invocation. Mayor
Hart dedicated the meeting to the memory of the late Jim (Johnny) Williams, owner of
the Swallows Cleaners and generous community contributor, who passed away last
Sunday Morning.
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; Molly Bogh, Planning Director; Nasser
Abbaszadeh, Engineering and Building Director; Amy Amirani, Public Works Director;
Lt. J. B. Davis, Chief of Police Services; Douglas D. Dumhart, Economic Development
Manager; William Ramsey, Principal Planner; 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 recognized the Orange County Sheriff Department and Lt.
J.B. Davis for the reported decrease in crime. He announced that the Orange County
Fire Authority was reviewing an audit of Medix Ambulance Service, which raised
concerns that contract terms were not being met. He also recognized his one-year
anniversary as a council member and thanked the Council for their confidence in him.
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Council Member Bathgate reported that the South Orange County Wastewater Authority
was beginning the process to replace their retiring executive director.
Council Member Soto congratulated Mayor Hart on his recent State of the City address
and congratulated Council Member Bathgate for her recent award of "Woman of
Distinction," awarded by the Soroptimist Club last week. He announced that he
attended the Youth of the Year awards with Council Member Allevato and thanked the
Boys & Girls Club Executive Director, James Littlejohn, for his leadership. He
expressed condolences to the Williams family and recognized Dorothy Williams for her
contributions to the Rotary Club.
Mayor pro tem Swerdlin announced attending a Joint Powers Insurance Authority
meeting and suggested West Nile Virus precautions.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming events including
an Emergency Safety Presentation by Michael Cantor, Senior Management Analyst, to
the Chamber of Commerce at their networking breakfast; an art exhibition of paintings
by Kevin Short, held at the Mission San Juan; an upcoming play at the Camino Real
Playhouse; Fiesta de las Golondrinas events sponsored by the Fiesta Association; and
a blood and bone marrow drive at the Community Center.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
LONG TERM EMPLOYEE WILLIAM RAMSEY RECOGNIZED (730.90)
Molly Bogh, Planning Director, recognized William Ramsey for his 15 years of
service to the city; and Mayor Hart presented him with a Certificate of
Recognition.
2. PROCLAMATION DESIGNATING FEBRUARY 1, 2005 THROUGH APRIL 30,
2005 AS FIESTA DE LAS GOLONDRINAS PRESENTED (610.40)
Mayor Hart proclaimed the period of February 1, 2005 through April 30, 2005 as
the "Fiesta de las Golondrinas " and presented Tom Ostensen, President of the
Fiesta Association with the proclamation. Ostensen ordered the annual hanging
of the Mayor by the association's sheriff.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance:
Joann de Guevara, Marie Buckner, and Claude Vincent, Housing Advisory
Committee; Gene Ratcliffe, Planning Commission; Kathy Hooper, Parks,
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Recreation and Equestrian Commission; and Les Blair, Council Liaison to the
San Juan Seniors.
ORAL COMMUNICATIONS
Don Miller, City resident, said that his neighbor, Irene Ryan, had received notice from
their mobile home park management that her rent would be raised by over $400
monthly from her current rent.
Irene Ryan, City resident, felt the increase was prohibited due to the recent rent control
decision denying the park owner's request to raise rents. She provided copies of the
notices that she received. Mayor Hart requested John Shaw, City Attorney, contact Ms.
Ryan for details and provide a response.
Debra Campbell, City resident, spoke to Consent Calendar Item No. 7. On behalf of the
Old Capistrano Merchants Association, she thanked Council for their continued support
of the Farmer's Market.
Ron LaChance, San Diego resident, spoke to item no. 7 on the Consent Calendar. He
appreciated Council's support and noted that market attendees are primarily local
residents.
CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Council Member
Soto and carried unanimously, 5-0, to approve items 1 through 8 as recommended by
staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. CITY COUNCIL MINUTES APPROVED:
a. MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 2005
APPROVED AS SUBMITTED.
b. MINUTES OF THE ADJOURNED REGULAR MEETING OF FEBRUARY
7, 2005, APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 17, 2005, IN THE
AMOUNT OF $1,170,803.95; AND PAYROLL WARRANTS DATED FEBRUARY
11, 2005, IN THE AMOUNT OF $246,609.11, RECEIVED AND FILED. (300.30)
4. REPORT OF INVESTMENTS, MONTH ENDING JANUARY 31, 2005,
RECEIVED AND FILED. (350.30)
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5. EXPENDITURES IN THE AMOUNT OF $50,475 FOR EMERGENCY STORM
DRAIN REPLACEMENT WORK RATIFIED. (520.40)
6. AMENDMENT TO CITY COUNCIL POLICY #419, DELETING THE INSURANCE
REQUIREMENTS FOR STREET BANNERS AT THE INTERSECTION OF
CAMINO CAPISTRANO AND DEL OBISPO STREET, APPROVED. (610.30)
7. MEMORANDUM OF UNDERSTANDING FOR THE FARMER'S MARKET FOR
AN ADDITIONAL YEAR, FROM MARCH 4, 2005 THROUGH MARCH 4, 2006,
APPROVED; AND THE CITY MANAGER AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.30)
8. DRAINAGE REIMBURSEMENT AGREEMENT WITH PUEBLO SERRA
WORSHIP HOLDINGS, IN THE AMOUNT OF $176,681.18, APPROVED.
(600.70)
9. RESOLUTION NO. 05-03-01-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING TO WAIVE FORMAL COMPETITIVE BID REQUIREMENTS
FOR CERTAIN WORK RELATED TO THE PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY AS DECLARED ON JANUARY 11,
2005," ADOPTED (520.10)
10. REPORT REGARDING STATUS OF PROPOSITION 50 PROJECT
SUBMITTALS, CALIFORNIA DEPARTMENTS OF WATER RESOURCES AND
HEALTH SERVICES, RECEIVED AND FILED. (1050.40)
PUBLIC HEARINGS
CONSIDERATION OF A SITE FEASIBILITY STUDY CONDUCTED BY MERCY
HOUSING CALIFORNIA FOR DEVELOPMENT OF A MULTI -FAMILY HOUSING
PROJECT (PLANNING AND TECHNICAL ASSISTANCE COMMUNITY
DEVELOPMENT BLOCK GRANT #03 -PTAH -0031), CANCELED (430.20)
Meg Monahan, City Clerk,
had been canceled. She
rescheduled.
RECESS AND RECONVENE
announced that the public hearing for this agenda item
will send out notice when the hearing date has been
Council recessed at 7:30 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:30 p.m.
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ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. CONSIDERATION OF SDG&E TROUBLESMAN'S COTTAGE DISPOSITION
ITEM CONTINUED TO MAY 3, 2005 TO ALLOW FURTHER DEVELOPMENT
OF CURRENT PROPOSALS (570.70)
Description: On December 7, 2004, City Council considered seven letters of
interest in the Troublesman's Cottage and narrowed the selection down to four
parties. Staff sent questionnaires to each selected party requesting a more
detailed offer and received responses in return. Staff has determined the Goetz
offer would not pre-empt the future planning of the Los Rios Park site and
recommended Council select Offer #3, Bob and Charlene Goetz, as the preferred
party to receive the Troublesman's Cottage.
Written Communications: Staff report dated March 1, 2005, by Douglas D.
Dumhart, Economic Development Manager.
Presentation: Douglas D. Dumhart,
summarized the staff recommendation.
Public Comment:
Economic Development Manager,
Allan Niccola, city resident, requested continuance of the item to allow him time
to complete property negotiations.
Jesus Becerra, San Clemente resident, expressed his continued interested in the
cottage.
Council Discussion:
Council Members Allevato, Bathgate, and Swerdlin agreed that disposition of the
cottage should be continued for 60 days to allow other interested parties, whose
offers may allow the City to recoup some of the funds spent on the cottage to
date, time to resolve their property issues.
Council Member Soto and Mayor Hart opposed the proposed continuance. They
felt all the parties were given ample time to finalize their offers and the City has
an obligation to the Goetz family to carry out the cottage disposition process in a
timely manner.
Dave Adams, City Manager, clarified that the intent of the Council Members who
voted in favor of the continuance was to limit the offers under consideration to the
four identified in the staff report, with no additional offers being considered.
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Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried 3-2, with Council Member Soto and Mayor Hart
opposed, to continue this item to the meeting of May 3, 2005, to allow further
development of current proposals.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ORDINANCES
Allevato, Bathgate, Swerdlin
Soto, Mayor Hart
None
1. ORDINANCE NO. 902 AMENDING MUNICIPAL CODE SUBSECTION 2-
2.903(a) OF ARTICLE "MOBILE HOME RENT CONTROL" ADOPTED. (430.30)
Description: Second reading and adoption of the Ordinance is necessary to
amend Municipal Code Subsection 2-2.903(a) of Article 9, "Mobile Home Rent
Control."
Written Communications: Report dated March 1, 2005, 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,
AMENDING MUNICIPAL CODE SUBSECTION 202.903(a) OF ARTICLE 9,
'MOBILE HOME RENT CONTROL', OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE."
Council Action: Moved by Council Member Allevato, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to adopt Ordinance No. 902,
amending Municipal Code Subsection 2-2.903(a) of article "Mobile Home Rent
Control."
COUNCILMANIC ITEMS - None
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ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:00 p.m. to
Tuesday, March 15, 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 su mitted,
2ZAA
ARET R. MONAHAN, CITY CLERK
proved: April 5, 2005
ATTEST:
I i-
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