05-0920_CC_Minutes_Regular MeetingMINUTES
SEPTEMBER 20, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION 610.85): None
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.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, Joe Soto, Mayor pro
tem David M. Swerdlin, and Mayor Wyatt Hark.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Meg
Monahan, City Clerk; William M. Huber, Assistant City Manager; Cindy Russell,
Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Molly Bogh,
Planning Director; Amy Amirani, Public Works Director; Nasser Abbaszadeh,
Engineering & Building Director; and Elizabeth White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato reported attendance at the city sponsored Hispanic Heritage
Celebration; recognized the Orange County Fire Authority personnel who assisted with
relief and rescue efforts in Louisiana associated with Hurricane Katrina; attendance at
the September 11, 2005 flag ceremony at Fire Station 11, commemorating the fire
fighters lost during the 2001 terrorist attack on New York City; and commended staff for
installation of an equestrian crossing at La Novia and San Juan Creek Road.
Council Member Bathgate reported attendance at a South Orange County Wastewater
Authority Finance meeting and a San Juan Basin Authority meeting.
Council Member Soto and Mayor pro tem Swerdlin commended Ziad Mazboudi, Senior
Civil Engineer, for a successful Creek Cleanup event that involved participation and in-
kind donations from numerous businesses and community organizations.
9-20-2005
Mayor pro tem Swerdlin advised that the Transportation Corridor Agencies expect to
consider the environmental document for the proposed 241 South toll road in
November; and the Vector of the Month is the Black Widow Spider.
Mayor Hart added that a Mission Hospital emergency physician also assisted with relief
efforts in the area devastated by Hurricane Katrina.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
William M. Huber, Assistant City Manager, announced upcoming communitywide events
including the season's last San Juan Summer Nites concert; Early Voting for the 48th
Congressional Special Election; the Russian Festival and Capistrano Valley Symphony
Pops Concerts hosted by the Mission San Juan Capistrano; the Annual Storytelling
Festival; and fundraising event sponsored by the Camino Real Playhouse to support a
theatre devastated by Hurricane Katrina.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
MICHELLE KNORRE, HOUSING ADVISORY COMMITTEE MEMBER,
RECOGNIZED. (610.40)
Mayor Hart recognized Michelle Knorre, former Housing Committee member;
and presented her with a plaque recognizing her contributions to the City.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING. (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Bob
Cardoza, Planning Commission; and Maria Buckner, David Nahas, and Claude
Vincent, Housing Advisory Committee.
ORAL COMMUNICATIONS
Joe Stalzer, City resident, suggested improved traffic direction at Ambuehl Elementary
School. Lt. Mike Betzler, Chief of Police Services, provided Stalzer with his contact
information for further discussion.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Mayor pro tem
Swerdlin, and carried unanimously, 5-0, to approve items 1, 2, 4 through 7, 9, 10, and
12 as recommended by staff:
2 9-20-2005
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF AUGUST 16, 2005, APPROVED
AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 2, 2005, IN THE
AMOUNT OF $1,466,908.21; AND PAYROLL WARRANTS DATED
SEPTEMBER 9, 2005, IN THE AMOUNT OF $249,264.36, 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 Allevato, seconded by Council
Member Soto, and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file accounts payable and payroll warrants.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Allevato, Swerdlin, Soto, Mayor Hark
None
Bathgate
4. 2004-2005 GENERAL PLAN ANNUAL REPORT RECEIVED AND FILED; AND
THE PLANNING DIRECTOR AUTHORIZED TO TRANSMIT THE REPORT TO
THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT. (440.25)
5. PERSONAL SERVICES AGREEMENT WITH ACCELERATED IMAGING FOR
ELECTRONIC DOCUMENT IMAGING SERVICES FOR THE ENGINEERING
AND BUILDING DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $68,000,
APPROVED. (600.30)
6. RESOLUTION NO. 05-09-20-01, 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 CLASSIFICATION AND
COMPENSATION PLAN," ADOPTED. t 700.201
7. AGREEMENT WITH THE ORANGE COUNTY ANIMAL CARE SERVICES FOR
FISCAL YEAR 2005-2006, IN AN ADJUSTED PROVISIONAL AMOUNT OF
$58,725, APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.50)
3 9-20-2005
8. PERSONAL SERVICES AGREEMENT WITH PARSONS, IN THE AMOUNT OF
$799,500, TO PROVIDE PROFESSIONAL AND TECHNICAL ENGINEERING
SERVICES AND PREPARE A PROJECT REPORT AND ENVIRONMENTAL
DOCUMENT FOR IMPROVEMENTS AT THE ORTEGA HIGHWAY AND
INTERSTATE -5 INTERCHANGE, APPROVED. (600.30)
This item was removed from the Consent Calendar by Mayor pro tem Swerdlin to
allow the Council to comment on the importance of the item, and for Nasser
Abbaszadeh, Engineering and Building Director, to provide the expected timeline
of the project.
Council Action: Moved by Council Member Bathgate, seconded by Mayor pro
tem Swerdlin, and carried unanimously, 5-0 to approve a personal services
agreement with Parsons, in the amount of $799,500, to provide professional and
technical engineering services.
9. CLAIM OF DONNA DUCHARM DENIED BASED ON THE REVIEW AND
RECOMMENDATION OF THE CITY ATTORNEY'S OFFICE. (170.70)
10. RESOLUTION NO. 05-09-20-02 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) - -
11. RESOLUTION NO. 05-09-20-04 CONCERNING FORMAL COMPETITIVE BID
REQUIREMENTS FOR CERTAIN WORK RELATED TO THE AVENIDA
PLACIDA LANDSLIDE ADOPTED. (600.30)
This item was pulled from the consent calendar to allow for Public Comment.
Public Comment: Erin Kutnick, City resident, expressed her support of the
project and encouraged approval by City Council.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried unanimously 5-0, to adopt RESOLUTION NO. 05-
09-20-04 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 AVENIDA PLACIDA LANDSLIDE," ADOPTED.
12. RESOLUTION NO. 05-09-20-03 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A RATE ADJUSTMENT FOR CITY ATTORNEY CONTRACT
SERVICES," ADOPTED. (600.30) --
4 9-20-2005
PUBLIC HEARINGS
1. RESOLUTION NO. 05-09-20-05 ADOPTED APPROVING THE STATE OF
CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM INCOME REUSE PLAN. (480.20)
Description: The City received an award of $1 million in Community
Development Block Grant (CDBG) funds from the State of California Housing
and Community Development Department (State HCD). The Grant will be used
to help pay for construction of a proposed affordable ownership project by
Habitat for Humanity of Orange County, Inc on a 2.7 acre parcel located at the
terminus of Calle Rolando. State HCD has advised that the City needs to update
its Program Income Reuse Plan to comply with federal statutory requirements for
the grant. Under federal guidelines adopted by the state program, local
governments are permitted to retain program income so long as the local
government has received advance approval from the State of a local plan that
will govern the expenditure of the program income. This local pian will meet the
requirement. Staff recommended City Council adopt the resolution approving the
State of California Community Development Block Grant (CDBG) Program
Income Reuse Plan.
Written Communication: Staff report dated September 20, 2005, by Lynnette
Adolphson, Management Analyst IL
Presentations: Molly Bogh, Planning Director, summarized the staff report.
Mayor Hart opened the Public Hearing.
Public Testimony:
Tony Brown, City resident, inquired into the relationship between this subject
matter and the Calle Rolando affordable housing proposal. Molly Bogh, Planning
Director, explained the indirect relationship.
Mayor Hart closed the Public Hearing.
Council Action: Moved by Council Member Soto, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt RESOLUTION NO. 05-
09-20-05 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A LOCAL PLAN
("PROGRAM INCOME REUSE PLAN") FOR THE REUSE OF PROGRAM
INCOME DERIVED FROM THE REPAYMENT OF STATE OF CALIFORNIA
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS."
5 9-20-2005
2. $100,000 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS
ALLOCATED TOWARD THE COST OF A DEPUTY SHERIFF FOR FISCAL
YEAR 2005-2006. (580.10)
Description: During fiscal year 2005-2006, the City of San Juan Capistrano will
receive no less than $100,000 from a state -funded grant to enhance front line law
enforcement. The City has utilized these funds each year to offset a portion of
the cost of the Deputy Sheriff position that was added to Police Services in 1996-
1997. Staff recommended that the City Council consider using the money
appropriated by the COPS Grant to again fund a portion of the cost of the Deputy
Sheriff position.
Written Communications: Staff report dated September 20, 2005 by Lt. Mike
Betzler, Chief of Police Services.
Presentations:
staff report.
Lt. Mike Betzler, Chief of Police Services, summarized the
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 Bathgate, and carried unanimously, 5-0, to allocate the $100,000 COPS
funds towards the cost of a Deputy Sheriff for the Fiscal Year 200512006.
RECESS AND RECONVENE
Council recessed at 7:43 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:44 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. APPROPRIATION OF $45,000 FROM THE GENERAL FUND RESERVE TO
FUND THE ADDITION OF A LIMITED TERM PLANNING TECHNICIAN
POSITION IN THE CITY'S PLANNING SERVICES DEPARTMENT,
APPROVED. (330.201700.20)
Description: The City's Compensation and Classification plan includes the
position of Planning Technician; however, this position was not included in the
Fiscal Year 2005/2006 budget. Due to a significant increase in development _ -
services it has become necessary to staff this position to keep up with increasing
demand for counter services related to zoning assistance, tree permits, business
6 9-20-2005
licenses, sign permits, building and grading plan checks. The City's fees and
charges have been updated to reflect the correct cost of providing these
services. Staff recommended that the City Council approve an additional
appropriation of $45,000 from General Fund reserves for Fiscal Year 2005/2006
to fund the addition of a Planning Technician position in the City's Planning
Service department.
Written Communications: Report dated September 20, 2005, by Shannon
Buster, Interim HR Manager.
Presentation: Molly Bogh, Planning Director, summarized the staff report.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Swerdlin, and carried unanimously, 5-0, to approve appropriation of $45,000
from the general fund reserve to fund the addition of a limited term planning
technician position in the City's planning services department.
G2. ENGINEERING AND BUILDING DIRECTOR
a. ADDITIONAL SIDEWALK AT SAN JUAN CREEK ROAD FROM 500 FEET
EAST OF JULIANA FARMS ROAD TO CAMINO CHICO NOT TO BE
PURSUED; AND SAN JUAN CREEK ROAD MEDIAN ISLAND LANDSCAPING
WILL REMAIN IN PLACE. (100.70)
Council Member Ailevato recused himself from considering this item due to the
proximity of the proposed project to his property.
Description: The City has budgeted funds to design a sidewalk along the full
length of the south side of San Juan Creek Road in Fiscal Year 2005-2006 from
where it presently ends approximately 500 ft. east of Juliana Farms Road to
Camino Chico. Staff surveyed residents along this area of San Juan Creek Road
as to the need for a sidewalk and is presenting the results with a
recommendation that no additional sidewalk should be pursued at this time and
that San Juan Creek Road median island landscaping should remain in place.
Written Communications: Report dated September 20, 2005, by Brian Perry,
Senior Civil Engineer.
Email dated September 19, 2005 from David and Jackie Stack, City residents in
support of extension of the sidewalk and reduction in height of the median.
Presentations: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
7 9-20-2005
Public Comment:
David Nahas, City resident, opposed installation of a sidewalk and supported the
staff recommendation.
Council Action: Moved by Council Member Bathgate, seconded by Mayor pro
tem Swerdlin, and carried 4-0-1, with Council Member Allevato abstaining, to
refrain from installing additional sidewalk from Juliana Farms Road to Camino
Chico and to leave the San Juan Creek Road median island landscaping in
place.
ROLL CALL
AYES: COUNCIL MEMBERS: Soto, Swerdlin, Bathgate, Mayor
Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Allevato
ORDINANCES
ORDINANCE NO. 909 AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL
CODE RELATING TO THE BID PROCEDURES AND LOCAL PREFERENCE
FOR LOCAL BIDDERS, ADOPTED. ( 370.50)
Description: Second reading and adoption of the Ordinance is necessary to
approve amendment of the San Juan Capistrano municipal code relating to the
bid procedures and local preference for local bidders.
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
CAPISTRANO MUNICIPAL CODE RELATING TO THE BID PROCEDURES
AND LOCAL PREFERENCE FOR LOCAL BIDDERS."
Council Action: Moved by Council Member Soto, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to adopt Ordinance No. 909,
amending the San Juan Capistrano municipal code relating to the bid procedures
and local preference for local bidders.
9-20-2005
COUNCILMANIC ITEMS
DECLARATION OF VACANCY WITHDRAWN FROM THE AGENDA TO ALLOW
FOR VACANCY TO BE DECLARED DURING THE SOON TO BE SCHEDULED
BI -ANNUAL DECLARATION OF VACANCIES. (110.20)
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 7:59 p.m. to
Tuesday, October 4, 2005, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public
Business Session in the City Council Chamber.
?Resecffully submitt ,
ET R. MONAHAN, CITY CLERK
: October 18, 2005
ATTEST:
WYAff HART, MA OR
g 9-20-2006
NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, Adjourned its Regular Meeting of October 18, 2005 at 8:47 p.m. to Monday,
October 24, 2005 at 7:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano.
DATED: October 18, 2005
Monahan, City Clerk
STATE OF CALIFORNIA
- COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City Council
Chamber on October 18, 2005 within 24 hours of adjournment of the above-named
meeting.
I declare under penalty of perjury that the foregoing is true and correct.
M,_�rgaket R. Monahan, City Clerk