05-0816_CC_Minutes_Regular MeetingMINUTES
August 16, 2005
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION (610.85): 5:30 p.m. A Closed Session was held for the following
purposes, as authorized by statute:
1. Pursuant to Government Code section 54956.9(b) (1), the City Council conferred
with its legal counsel regarding two matters
2. Pursuant to Government Code section 54957.6, the City Council conferred with
its labor negotiator (City Manager) regarding labor negotiations with the
Executive Employees
Mayor Hart called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:03 p.m. in the City Council Chamber. Council Member Allevato
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: Dave Adams, City Manager; John Shaw, City Attorney; Meg
Monahan, City Clerk; William M. Huber, Assistant City Manager; Molly Bogh, Planning
Director; Nasser Abbaszadeh, Engineering & Building Director; Lt. Mike Betzler, Chief of
Police Services; Cynthia L. Russell, Administrative Services Director; Karen Crocker,
Community Services Director; Amy Amirani, Public Works Director; Bill Ramsey,
Principal Planner; Lynnette Adolphson, Management Analyst II; Eric Bauman, Water
Engineering Manager; Elizabeth White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato reported that a public outreach program concerning the
benefits of Measure M funding, was underway, which is preparing for a future ballot
measure to extend the Measure M tax.
B-16-2005
Council Member Bathgate reported attendance at a South Orange County Wastewater
Authority finance meeting and the on-going recruitment for a general manager.
Council Member Soto welcomed Monsignor Martin to the meeting.
Mayor pro tem Swerdlin announced the vector of the month, Yellow Fever Mosquitoes;
and Transportation Corridor Agency toll roads report increased traffic and revenue.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director announced upcoming communitywide
events including a San Juan Summer Nites concert; performances at the Camino Real
Playhouse; and a Youth Advisory Board Band Showcase event.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. PRESENTATION OF CERTIFICATE OF APPRECIATION TO BILL RAMSEY
(610.40)
Mayor Hart recognized Bill Ramsey, Principal Planner, for successfully
completing his 100 -mile run/walk in the American Cancer Society's 24-hour
Relay for Life event, held July 30 through 31, 2005, and presented him with a
Certificate of Appreciation.
2. PRESENTATION OF CERTIFICATE OF APPRECIATION TO FERMIN
CAMARENA (610.40)
Mayor Hart recognized Fermin Camarena for walking nine hours and completing
more than 13.5 miles in honor of Msgr. Paul Martin, during the American Cancer
Society's 24-hour Relay for Life event, held July 30 and 31, 2005, and presented
him with a Certificate of Appreciation. Bill Ramsey, Principal Planner, presented
Camarena with an ultra -marathon award.
3. PRESENTATION OF CERTIFICATE OF APPRECIATION TO BALLET
FOLKLORICO GROUP (610.40)
Mayor Hart recognized the city's Ballet Folklorico group for clinching a second
and two third-place awards in the USA National Folklorico competition; and
Mayor Hart presented Maricella Moreno, Recreation Coordinator and the group's
organizer, with a Certificate of Appreciation.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Joann
de Guevara and Joanne Marquez, Housing Advisory Committee; Don Tryon and
David Belardes, Cultural Heritage Commission; Les Blair, Council Liaison to the
2 8-16-2005
San Juan Seniors; Brad Gates, retired Orange County Sheriff; and Monsignor
Paul Martin.
ORAL COMMUNICATIONS
John Drews, Orange County Vector Control representative, provided updated advice for
prevention of the West Nile Virus.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Swerdlin, and carried unanimously, 5-0, to approve items 1 through 7, 9, and 11 through
14 as recommended by staff:
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JULY 19, 2005 APPROVED AS
SUBMITTED.
3. CONSTRUCTION CONTRACT FOR THE RANCHO VIEJO SLOPE REPAIR
PROJECT (RANCHO VIEJO ROAD AT SPOTTED BULL LANE) AWARDED TO
SOUTHLAND CONSTRUCTION COMPANY IN THE AMOUNT OF $17,100;
THE MAYOR AUTHORIZED TO EXECUTE THE CONSTRUCTION
CONTRACT; AND THE CITY MANAGER AUTHORIZED TO APPROVE
NECESSARY CHANGES TO THE CONTRACT WITHIN THE CONTRACT
BUDGET. (600.30)
4. AWARD OF THE ENGINEERING DESIGN SERVICES AGREEMENT FOR THE
SAN JUAN CREEK CROSSING AT VIA ESTENAGA TO RBF CONSULTING,
INC., IN THE AMOUNT OF $154,636, APPROVED. (600.30)
5. AWARD OF THE ENGINEERING DESIGN SERVICES AGREEMENT FOR THE
SAN JUAN BASIN 20 -INCH LINE REPLACEMENT TO RBF CONSULTING,
INC., IN THE AMOUNT OF $134,857, APPROVED. (600.30)
6. LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE
PURPOSE OF ALLOWING CONSTRUCTION OF A DRAINAGE SYSTEM
UNDERNEATH AN EXISTING RAILROAD AREA APPROVED; AMENDMENT
TO RIGHT OF ENTRY PERMIT APPROVED; AND THE MAYOR AUTHORIZED
TO EXECUTE THE APPROVED DOCUMENTS. (600.50)
3 8-16-2005
7. PLANS AND SPECIFICATIONS FOR THE RANCHO VIEJO ROAD AND
HIGHLAND DRIVE TRAFFIC SIGNAL INSTALLATION PROJECT APPROVED;
AND STAFF AUTHORIZED TO RECEIVE BIDS FOR THE PROJECT. (CIP NO.
405) (600.30)
8. CITY COUNCIL AD HOC COMMITTEE RECOMMENDATION TO ALLOCATE
COMMUNITY ORGANIZATION GRANT PROGRAM FUNDING REQUESTS
FOR FISCAL YEAR 2005-2006 IN THE AMOUNT OF $42,000 APPROVED.
(330.20)
This item was pulled from the consent calendar to allow John E. Rooney, Laguna
Woods resident, representing the Saddleback Community Outreach, to thank the
Council for their contribution to the program.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin and carried unanimously 5-0 to approve grant program funding
requests for fiscal year 2005-2006 as follows: $1,700 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;
$800 to Great Opportunities; $2,500 to Laura's House; $1,000 to Mission
Hospital's Asthma Education Program; $1,000 to Orange Curtain Theatre; $500
to Ortega Rangers — 41-1; $500 to Saddleback Community Outreach; $2,500 to
San Juan Capistrano Rotary; $12,500 to South County Senior Services (meals);
$1,000 to South Orange County Community Services Council; and $500 to
Special Camp for Special Kids.
9. CASH BALANCES BY FUND — JUNE 30, 2005 RECEIVED AND FILED.
(330.50)
10. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 4, 2005, IN THE
AMOUNT OF $1,474,694.94; AND PAYROLL WARRANTS DATED JULY 29,
2005, IN THE AMOUNT OF $298,086.15, RECEIVED AND FILED. (300.30)
This item was removed from the Consent Calendar 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 August 4, 2005, in the amount
of $1,474,694.94; and payroll warrants dated July 29, 2005, in the amount of
$298,086.15.
11. PURCHASE OF ELECTRONIC DOCUMENT IMAGING EQUIPMENT,
SOFTWARE, AND SERVICES FROM MATRIX IMAGING, IN THE AMOUNT OF
$57,374.03 APPROVED; AND THE CITY MANAGER AUTHORIZED TO
FINALIZE AND EXECUTE A PURCHASE AGREEMENT. (600.30)
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12. CLAIM OF RICK SCHULTZ DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
13. CONSTRUCTION CONTRACT WITH JOHNSON-PELTIER FOR THE
CAPTAIN'S HILL PUMP STATION ELECTRICAL REPLACEMENTS, IN THE
AMOUNT OF $115,463, APPROVED. (CIP #767) (600.30)
14. CONTRACT WITH INSLEY CONSTRUCTION INC. FOR BUILDING REPAIRS
TO THE SAN JUAN SPRINGS DANCE HALL, IN THE AMOUNT OF $43,159.20,
APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.30)
PUBLIC HEARINGS
RESOLUTION NO. 05-08-16-01 ADOPTED APPROVING FORMING
UNDERGROUND UTILITY DISTRICT 05-01, CONCERNING DEL OBISPO
STREET, CALLE ASPERO TO AGUACATE ROAD. (345.50)
Description: A proposal to form an Underground Utility District 05-01 (Del
Obispo Street, Calle Aspero to Aguacate Road). Staff recommends completing
the UUD 05-01 to extend the Cobblestone development undergrounding north to
Aguacate Road. After the formation of the district, SDG&E will design the
undergrounding and coordinate the construction with the City and other affected
utilities.
Written Communication: Staff report dated August 16, 2005 by Brian Perry,
Senior Civil Engineer.
Presentations: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Mayor Hart opened the public hearing and there being no public testimony,
closed the public hearing.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt Resolution No. 05-08-
16-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, FORMING UNDERGROUND UTILITY
DISTRICT 05-01, CONCERNING DEL OBISPO STREET, CALLE ASPERO TO
AGUACATE ROAD."
5 8-16-2005
2. RESOLUTION NO. 05-08-16-02 ADOPTED APPROVING UNDERGROUND
UTILITY DISTRICT 05-02, CONCERNING DEL OBISPO STREET, ALIPAZ
STREET TO PASEO ADELANTO. (345.50)
Description: A proposal to form an Underground Utility District 05-02 (Del
Obispo street, Alipaz street to Paseo Adelanto). Staff recommends completing
the UUD 05-02 to complete the underground utilities from Alipaz Street to Paseo
Adelanto. After the formation of the district, SDG&E will design the
undergrounding and coordinate the construction with the City and other affected
utilities.
Written Communications: Staff report dated August 16, 2005 by Brian Perry,
Senior Civil Engineer.
Presentations: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Mayor Hart opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 05-
08-16-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FORMING
UNDERGROUND UTILITY DISTRICT 05-02, CONCERNING DEL OBISPO
STREET, ALIPAZ STREET TO PASEO ADELANTO."
3. RESOLUTION NO. 05-08-16-03 APPROVING TENTATIVE TRACT MAP (TTM)
16572, HIDDEN CREEK ESTATES, ADOPTED WITH MODIFICATIONS. (APN
121-050-01) (APPLICANT: JIM ADAM) (420.40)
Description: The applicant, Jim Adam, requests approval of a Tentative Tract
Map (TTM) to subdivide an existing 2.5 acre parcel into 8 residential lots. The
location of the project is 29921 Camino Capistrano, on the west side of Camino
Capistrano about 0.75 miles north of Junipero road. Staff recommends approval
of Tentative Tract Map 16572.
Written Communications: Staff report dated August 16, 2005 by William
Ramsey, Principal Planner.
Presentation: William Ramsey, Principal Planner, summarized the staff
report.
Mayor Hart opened the Public Hearing and there being no public testimony,
closed the Public Hearing.
8-16-2005
Jim Adam, project applicant, clarified the proposed sizes of the homes.
Council Comment: Council requested further investigation into the possibility of
saving an existing 60" Sycamore tree.
Council Member Bathgate opposed the project due to the number of homes
being built on the property and the destruction of the tree.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried 4-1-0, with Council Member Bathgate opposed,
to adopt RESOLUTION NO. 05-08-16-03 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION
AND APPROVING TENTATIVE TRACT MAP 16572, HIDDEN CREEK
ESTATES (APN 121-050-01)," with modification to Condition No. 9
regarding "Tree Removal Permits," requiring further evaluation of an
existing 60" sycamore tree by an arborist in order to preserve the tree in
place, if possible.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
RECESS AND RECONVENE
Allevato, Swerdlin, Mayor Hart, Soto
Bathgate
None
Council recessed at 8:14 p.m. to convene to the Sart Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:31 p.m.
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. AGREEMENT FOR A STANDBY POWER SUPPLY AND ELECTRICAL
COGENERATION ANALYSES FOR THE GROUNDWATER RECOVERY
PLANT IN THE AMOUNT OF $54,820 APPROVED; AND THE MAYOR
AUTHORIZED TO EXECUTE THE AGREEMENT. (R. W. BECK, INC.) (CIP NO.
758) (600.30)
Description: Bids were accepted from professional management consulting
services to perform a needs evaluation and then to solicit the design,
7 8-16-2005
construction, operation and financing of a standby power supply and/or an
electrical cogeneration for the City's Groundwater Recovery Plant (GWRP). Of
the proposals received, Staff recommended R.W. Beck, Inc. to perform the
evaluation of cogeneration power supply options.
Written Communications: Report dated August 16, 2005 by Amy Amirani, Public
Works Director.
Presentation: Amy Amirani, Public Works Director, presented the staff
report.
Council Action: Moved by Council Member Soto, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve an agreement with
R. W. Beck, Inc. for the standby power supply and electric cogeneration analyses
for the groundwater recovery plant, in the amount of $54,820, approved; and the
Mayor authorized to execute the agreement
G2. PLANNING DIRECTOR
a. AGREEMENT WITH CIVIC SOLUTIONS, INC. FOR ADMINISTRATION OF THE
CALIFORNIA 2004 HOME PROGRAM GRANT FOR THE OWNER -OCCUPIED
HOUSING REHABILITATION AND FIRST-TIME HOME BUYER PROGRAMS,
IN AN AMOUNT NOT TO EXCEED $70,575, APPROVED. (600.30)
Description: The City received a $800,000 from the State of California
Department of Housing and Community Development to continue the existing
First -Time Home Buyer and Owner -Occupied Housing Rehabilitation Programs.
Staff analyzed the 3 bid proposals received and recommended the City contract
with Civic Solutions, Inc. for administration of the California 2004 HOME Program
grants for the Owner -Occupied Housing Rehabilitation and First -Time Home
Buyer Programs, in an amount not to exceed $70,575.
Written communications: Report dated August 16, 2005, by Lynnette Adolphson,
Management Analyst II.
Presentations: Lynnette Adolphson, Management Analyst II, presented the
Staff report.
Council Action: Moved by Council Member Soto, seconded by Council Member
Allevato and carried unanimously 5-0, to approve a personal services agreement
with Civic Solutions, Inc. for administration of the California 2004 HOME Program
grants for the Owner -Occupied Housing Rehabilitation and First -Time Home
Buyer Programs, in an amount not to exceed $70,575.
8-16-2005
b. RESOLUTION NO. 05-08-16-04 ADOPTED, INITIATING REZONE OF
PROPERTY LOCATED AT TERMINUS OF CALLE ROLANDO FROM
INDUSTRIAL PARK (IP) TO RESIDENTIAL GARDEN - 4,000. (RG -4,000) (APN
668-421-03,04) (460.20).
Description_ : The San Juan Capistrano Community Redevelopment Agency
purchased a 2.7 acre site for the purpose of constructing an affordable housing
project. Habitat for Humanity has submitted a conceptual plan to develop the site
with 27 affordable ownership units. The site is currently an industrial park zone
and must be rezone before any building can begin. Staff recommended the City
Council initiate a rezone of 2.7 acres located at the terminus of Calle Rolando
from Industrial Park (IP) to Residential Garden — 4,000.
Written Communication:
Staff report dated August 16, 2005 by Lynnette Adolphson, Management Analyst
Il; and letter dated August 15th, 2005 from City resident David Cope, in opposition
to the rezone
Presentations: Lynnette Adolphson, Management Analyst It, presented the
staff report.
Public Comment:
Paul D'Auria, 32511 Del Zura, requested a postponement of a decision to rezone
the property until there is a viable project. He was opposed to the proposed
Habitat for Humanity project.
Jim Pievney, 32552 Pila Degracia, was opposed to any emergency access
through his neighborhood and requested opportunities for neighborhood
involvement in any proposed project.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Ailevato, and carried unanimously 5-0, to adopt RESOLUTION NO. 05-
08-16-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A REZONE OF THE 2.7
ACRE PROPERTY LOCATED AT THE TERMINUS OF CALLS ROLANDO (APN
668-421-03,04) FROM IP (INDUSTRIAL PARK) TO RESIDENTIAL GARDEN -
4,000 (RG -4,000) TO FACILITATE DEVELOPMENT OF AFFORDABLE
HOUSING."
ORDINANCES - None
COUNCILMANIC ITEMS - None
9 8-16-2005
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 9:03 p.m. to
Tuesday, September 6, 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,
N, CITY CLERK
September 20, 2005
ATIE'ST:
A ART, MAYOR
10 8-16-2005