05-0906_CC_Minutes_Regular MeetingMINUTES
SEPTEMBER 6, 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:
1. 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 7:02 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 City Council meeting to Danny Moreno, the late husband to
Maricella Moreno, Recreation Coordinator. Mayor Hart offered prayers to the Moreno
family who is mourning his untimely passing on August 25, 2005.
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; Karen Crocker, Community Services Director; Amy Amirani, Public
Works Director; Brian Perry, Senior Civil Engineer; Elizabeth White, Recording
Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato announced that the Orange County Fire Authority will be
conducting a flag ceremony at all fire stations on Sunday, September 11, 2005 in
commemoration of the September 11, 2001 terrorist attack on the United States.
Mayor pro tem Swerdlin reminded residents to take precautions against West Nile Virus;
and reported that the Transportation Corridor Agencies were near agreement
concerning the proposed 241 South toll road.
9-6-2005
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events including the Boys & Girls Club annual benefit; a performance on Los Rios
Street to encourage donations for the victims of Hurricane Katrina; the Hispanic
Heritage Celebration; the Shea Center's annual country barbeque; and the 4th annual
Creek Clean Up Day.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
MAJOR SPONSOR OF THE 2005 4TH OF JULY CELEBRATION
RECOGNIZED (MEDIX AMBULANCE SERVICE) (610.40)
Karen Crocker, Community Services Director, recognized Medix Ambulance
service for their major sponsorship of the 2005 July 4th celebration. Mayor Hart
presented Chris Rozetti of Medix, with a plaque recognizing their contribution.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Kathy
Hooper, Parks, Recreation and Equestrian Commission; Les Blair, Council
Liaison to the San Juan Seniors; Gene Ratcliffe, Planning Commission; and
Phillip Schwartze, former Mayor.
ORAL COMMUNICATIONS
Kathy Hooper, City resident, volunteered to lead fundraising throughout the city to aid
relief efforts responding to Hurricane Katrina. William M. Huber, Assistant City
Manager, provided an update of the city's fundraising efforts and will contact Hooper to
coordinate the work.
Dusty Otero, City resident, encouraged the city to proceed with widening the La Novia
bridge.
CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem
Swerdlin, and carried unanimously, 5-0, to approve items 1 through 12, 14, and 16 as
recommended by staff:
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF AUGUST 2, 2005, APPROVED AS
SUBMITTED.
2 9-6-2005
_ 3. PERSONAL SERVICES AGREEMENT WITH HALL AND FOREMAN INC. FOR
PREPARATION OF PLANS AND SPECIFICATIONS FOR HYDRAULIC
CAPACITY PROJECT NO. 2 - MARINERS DRIVE TO ALIPAZ STREET, IN
THE AMOUNT OF $55,565, APPROVED. (HALL AND FOREMAN INC.) (CIP
No. 719) (600.30)
4. RESOLUTION NO. 05-09-06-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO
ADOPT THE CITY DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM FOR FEDERAL FISCAL YEAR 2005-2006," ADOPTED. (820.25)
5. RESOLUTION NO. 05-09-06-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING THE GRANT DEED FOR RIGHT-OF-WAY AND UTILITY
PURPOSES FROM FOR PASEO ADELANTO, WITHIN PARCELS NO. 3, 4,
AND 5 OF LOT LINE ADJUSTMENT NO. 98-40135-13 (SPM - SERRA PLAZA
LLC, ARCHITECTURAL CONTROL 00-08, AND CIP NO. 122)," ADOPTED;
THE CITY CLERK DIRECTED TO FORWARD THE DEED TO THE ORANGE
COUNTY RECORDER; AND STAFF AUTHORIZED TO REIMBURSE SPM -
SERRA PLAZA LLC $35,550 FOR THE INCREMENTAL COST OF THE RIGHT-
OF-WAY. (CIP NO. 122) (AC 00-08) (APN 668-072-15, 17, 18, 20, 21, & 22)
(670.50)
6. LICENSE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR OSO ROAD STORM DRAIN (CIP NO. 128) APPROVED;
AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY. (CIP NO. 128) (600.30)
7. PERSONAL SERVICES AGREEMENT WITH GEORGE G. BOGHOSSIAN &
ASSOCIATES, INC. FOR PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE REHABILITATION OF DEL OBISPO STREET AND JUNIPERO
SERRA ROAD, IN THE AMOUNT OF $146,500, APPROVED. (CIP NO. 127)
(600.30)
8. RESOLUTION NO. 05-09-06-03 ENTITLED, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE CONSERVATION PURPOSES FOR THE
TERMINAL RESERVOIR NO. 3 PROJECT," ADOPTED; AND THE CITY CLERK
DIRECTED TO PROCESS RECORDING OF THE DOCUMENT. (CIP NO. 753)
(APN 650-521-02 AND 03) (1050.70)
9. RESOLUTION NO. 05-09-06-04 ENTITLED, "A RESOLUTION OF THE CITY
_ COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE AND
RESCINDING RESOLUTION NO. 05-04-05-04," ADOPTED. (160.60)
3 9-6-2005
10. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 18, 2005, IN THE
AMOUNT OF $1,308,212.77; PAYROLL WARRANTS DATED AUGUST 12,
2005, IN THE AMOUNT OF $256,087.62; AND PAYROLL WARRANTS DATED
AUGUST 26, 2005, IN THE AMOUNT OF $249,696.12, RECEIVED AND FILED.
(300.30)
11. REPORT OF INVESTMENTS — MONTH ENDING JULY 31, 2005, RECEIVED
AND FILED. (350.30)
12. CASH BALANCES BY FUND -- JULY 31, 2005, RECEIVED AND FILED.
(330.50)
13. AGREEMENT WITH THE BOYS AND GIRLS CLUB OF CAPISTRANO VALLEY
IN THE AMOUNT OF $91,780, TO PROVIDE AFTER SCHOOL AND SUMMER
RECREATION PROGRAMS FOR THE PERIOD OF SEPTEMBER 2005
THROUGH JUNE 2006, APPROVED. (600.30)
At Mayor pro tem Swerdlin's request, Mayor Hart indicated he would correspond
with City of Dana Point officials to thank them for contributing $25,000 per year
for two years to the Boys & Girls Club and encourage continued contributions
based on their residents' use of the facility.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0, to approve an agreement with
the Boys and Girls Club of Capistrano Valley in the amount of $91,780, to
provide after school and summer recreation programs for the period of
September 2005 through June 2006.
14. 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 2005
THROUGH JUNE 2006, APPROVED. (600.30)
15. FACILITY RENTAL FEES REDUCTION OF 91.4% ($320) FOR COASTAL
MOUNTAIN YOUTH ACADEMY FOR THEIR MONTHLY BOARD OF
DIRECTORS MEETINGS, TO BE HELD AT THE COMMUNITY CENTER
CONFERENCE ROOM, SEPTEMBER THROUGH DECEMBER 2005
APPROVED. (390.30)
This item was removed from the consent calendar to allow Council Member Soto
to abstain.
Council Action: Moved by Council Member Bathgate, Seconded by Mayor
pro tem Swerdlin, and carried 4-0-1, with Council Member Soto abstaining, to
approve facility rental fees reduction of 91.4% ($320) for coastal mountain youth
4 9-6-2005
academy for their monthly board of directors meetings, to be held at the
community center conference room, September through December 2005.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Bathgate, Mayor
Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS
Soto
16. RESOLUTION NO. 05-09-06-05 ENTITLED, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING THAT THE CITY OF SAN JUAN CAPISTRANO 1S SUBJECT TO
THE PROVISION OF PUBLIC RESOURCES CODE, DIVISION 17 'GEOLOGIC
HAZARD ABATEMENT DISTRICTS TRACT 16634, WHISPERING HILLS
ESTATES, WHISPERING HILLS LLC,"' ADOPTED; AND RESOLUTION NO. 05-
09-06-06 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING SUFFICIENCY OF
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 16634, WHISPERING HILLS ESTATES (WHISPERING
HILLS LLC," ADOPTED. (345.90)
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:20 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:24 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING DIRECTOR
a. CAPITAL IMPROVEMENT PROJECT NO. 102, DEL OBISPO STREET
WIDENING: STAFF DIRECTED TO REVISE DESIGN CONCEPT PER CITY
COUNCIL DIRECTION (LAN Engineering) (CIP NO. 102) (600.30)
Description: The project consists of proposed widening along the west side of
Del Obispo Street in the vicinity of Calle Aspero in accordance with the City's
9-6-2005
general plan along with improvements. Staff recommended City Council approve
the design concept, and authorize staff to complete the design project.
Written Communications: Report dated September 6, 2005, by Brian Perry,
Senior Civil Engineer.
Presentation: Brian Perry, Senior Civil Engineer, summarized the staff
report.
Public Comment:
Garfield Logan, 32041 Del Obispo Street, provided suggestions for alternate
design concepts which would reduce wall heights, extent of curb realignment,
and eliminate a proposed sidewalk.
Ronald J. Denman, 25932 Calle Aspero, preferred a design that would reduce
paving and wall heights and requested a protected left turn signal from Del
Obispo Street to Calle Aspero.
Council Comment: After discussion of alternatives to the design plan, the
Council sent the project back to staff for revisions. Council Members concurred
that a revised design did not require Planning Commission review prior to
returning to the City Council.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0, to approve staff directed to
return to City Council with a revised design concept for Capital Improvement
Project No. 102, Del Obispo Street Widening per City Council direction.
G2. ADMINISTRATIVE SERVICES DIRECTOR
a. FIRST READING AND INTRODUCTION OF THE ORDINANCE AMENDING
THE MUNICIPAL CODE REGARDING LOCAL BIDDERS. (370. 30)
Description: The City Municipal Code provides for formal bidding procedures for
the procurement of equipment and supplies that exceed $10,000 in a single
purchase. In an effort to support the local business community, it is
recommended that the City Council provide for 3% local preference for any
business within City limits. Any qualified local business shall be awarded the bid,
if that bid is within 3% or better of the lowest responsible bidder. Staff
recommended the City Council approve the first reading and the introduction of
the Ordinance amending Municipal Code Section 3-4.305 (e) of Title 3, Finance;
Chapter 4, Procurement Procedures to provide for local preference for local
bidders. -
6 9-6-2005
Written communications: Report dated September 6, 2005, by Cynthia L.
Russell, Administrative Services Director.
Presentations: John Shaw, City Attorney, summarized the staff report.
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 3-4.305(e) OF CHAPTER 4
"PROCUREMENT PROCEDURES" OF TITLE 3 "FINANCE" OF THE SAN JUAN
MUNICIPAL CODE RELATING TO THE BID PROCEDURES AND LOCAL
PREFERENCE FOR LOCAL BIDDERS."
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Soto, and carried unanimously 5-0, to approve the first reading and
introduction of the Ordinance amending the Municipal Code regarding local
bidders.
ORDINANCES - None
COUNCILMANIC ITEMS
1. DECLARATION OF VACANCIES ON THE YOUTH ADVISORY BOARD AND
THE HOUSING ADVISORY COMMITTEE. (110.20)
DescrrOtion: The Youth Advisory Board serves as a liaison between the youth of
the City and the City Council. One position has remained open, and one
resignation has been received; therefore, two positions are vacant. The Housing
Advisory Committee is concemed with matter related to the housing programs,
funding, and goals. A letter of resignation was recently received leaving one
position vacant. Staff recommended City Council declare two vacancies on the
Youth Advisory Board and one vacancy on the Housing Advisory Committee; and
direct the City Clerk to solicit applications to fill the vacancies, with applications
due by September 29, 2005, 4:30pm,
Written Communications: Report dated September 6, 2005, by Meg Monahan,
City Clerk.
Oral Communications: Meg Monahan, City Clerk, summarized the staff
report.
Council Action: Moved by Mayor pro tern Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to declare two vacancies on the
Youth Advisory Board and one vacancy on the Housing Advisory Committee;
direct the City Clerk to solicit applications to fill the vacancies, with applications
due by September 29, 2005, 4:30pm.
7 9-6-2005
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:11 p.m. to
Tuesday, September 20, 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,
GARET R. MONAHAN, CITY CLERK
: October 4, 2005
ATTEST:
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WYATT ART, MAYOR
8 9-s-2005