05-1004_CC_Minutes_Regular MeetingMINUTES
OCTOBER 4, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.$5): None
Mayor Hart cal -led 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. Tim Crossly, Life Scout,
Troop 615 of Foothill Ranch, led the Pledge of Allegiance; and Mayor Hart gave the
invocation.
Mayor Hart dedicated the City Council meeting to the late Monsignor Paul Martin,
retired pastor of the Mission Basilica. Monsignor Martin succumbed to cancer Sunday,
October 2nd, after a year-long battle.
Rnl I rAl I
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, Joe Soto, and Mayor
Wyatt Hart.
COUNCIL MEMBERS ABSENT: Mayor pro tem David M. Swerdlin (excused).
STAFF PRESENT: Dave Adams, City Manager; Omar Sandoval, Deputy City Attorney;
Meg Monahan, City Clerk; William M. Huber, Assistant City Manager; Cynthia L.
Russell, Administrative Services Director; Lt. Mike Betzler, Chief of Police Services;
Amy Amirani, Public Works Director; Nasser Abbaszadeh, Engineering & Building
Director; Molly Bogh, Planning Director; Elizabeth White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato reported meeting with State Assemblywoman Mimi Walters,
requesting her support for additional funding for the Ortega Highway/1-5 interchange.
Council Member Bathgate reported that she will attend the League of California Cities
annual conference this week.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: the 15th Annual Storytelling Festival and the Chamber of
Commerce Annual Vintage Celebration.
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INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE, GEORGE ARREOLA, RECOGNIZED. (730.90)
Amy Amirani, Public Works Director, recognized George Arreola, Maintenance
Worker II, for his 30 years of service to the City; and Mayor Hart presented him
with a Certificate of Recognition.
2. LONG TERM EMPLOYEE, ERIC BAUMAN, RECOGNIZED. (730.90)
Amy Amirani, Public Works Director, recognized Eric Bauman, Water
Engineering Manager, for his 15 years of service to the City; and Mayor Hart
presented him with a Certificate of Recognition.
3. RECOGNITION OF LONG TERM EMPLOYEE, JEFF ROMERO, POSTPONED.
(730.90)
4. PRESENTATION BY THE ORANGE COUNTY TRANSPORTATION
AUTHORITY (OCTA). (610.40)
Tony Rahemian, RMC Inc., representing the Orange County Transportation
Authority, provided an overview of various alternatives under consideration which
are intended to relieve traffic congestion between Riverside County and Orange
County.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING. (110.10)
Council Member Soto recognized the following individuals in attendance: Chief
Dave Pierce, Orange County Fire Authority; Joann de Guevara and Marie
Buckner, Housing Advisory Committee; Bob Cardoza, Planning Commission;
Phillip Schwartze, former Mayor; and City of Laguna Niguel representatives,
Mayor Pro Tem Cathryn De Young and Council Member Paul Glaab.
ORAL COMMUNICATIONS
Mayor Pro Tem Cathryn De Young, City of Laguna Niguel, spoke in opposition to
proposals to develop the Ortega Highway as a major transportation corridor joining
Riverside and Orange Counties.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Bathgate, and carried unanimously, 4-0, to approve items 1 through 7 and 9 as
recommended by staff:
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
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2. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 6, 2005 APPROVED
AS SUBMITTED.
3. PERSONAL SERVICES AGREEMENT WITH WILLDAN FOR DESIGN AND
RIGHT-OF-WAY ACQUISITION SERVICES FOR THE CAMINO CAPISTRANO
AND DEL OBISPO STREET INTERSECTION IMPROVEMENTS, IN THE
AMOUNT OF $112,890, APPROVED. (600.30)
4. RESOLUTION NO. 05-10-04-01 ENTITLED, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING THAT THE CITY OF SAN JUAN CAPISTRANO IS SUBJECT TO
THE PROVISION OF PUBLIC RESOURCES CODE, DIVISION 17, `GEOLOGIC
HAZARD ABATEMENT DISTRICTS' TRACTS 15609 AND 14196 (EXCEPTING
THERE FROM TRACT 14686), (SJD DEVELOPMENT) (PACIFICA SAN JUAN),"
ADOPTED, AND A NOTICE DIRECTED TO BE MAILED, SETTING A TIME
AND DATE FOR PUBLIC HEARING FOR FORMATION OF A GEOLOGIC
HAZARD ABATEMENT DISTRICT PURSUANT TO THE REQUIREMENTS.
(345.90)
5. CONTRACT FOR THE SAN JUAN CAPISTRANO PUBLIC LIBRARY PHASE II
BUILDING REPAIRS — CAPITAL IMPROVEMENT PROJECT NO. 454,
AWARDED TO THE LOW RESPONSIBLE BIDDER, 3D CONSTRUCTION,
INC., IN THE AMOUNT OF $449,300, AND ALL OTHER BIDS REJECTED.
(600.30)
6. AGREEMENT ESTABLISHING SOILS SUBSIDENCE REMEDIATION
PROGRAM WITH WHISPERING HILLS ESTATES I AND WHISPERING HILLS
ESTATES II COMMUNITY ASSOCIATIONS, AND WHISPERING HILLS LLC.,
PERTAINING TO VESTING TENTATIVE TRACT 16643, APPROVED. (600.30)
7. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 16, 2005, IN THE
AMOUNT OF $1,361,530.63; AND PAYROLL WARRANTS DATED
SEPTEMBER 23, 2005 IN THE AMOUNT OF $252,878.59, RECEIVED AND
FILED. (300.30)
8. DONATION OF $2,000 ACCEPTED FROM THE SAN JUAN CAPISTRANO
EQUESTRIAN COALITION FOR THE INSTALLATION OF EQUESTRIAN
CROSSING IMPROVEMENTS AT THE INTERSECTION OF LA NOVIA AND
SAN JUAN CREEK ROAD. (820.25)
This item was pulled from the Consent Calendar to allow for public comment.
Gail Zuko, 28472 Calle Pinon, representing the San Juan Capistrano Equestrian
Coalition, presented a $2,000 donation to Mayor Hart as a contribution toward
the cost of installation of equestrian crossing improvements at the intersection of
La Novia and San Juan Creek Road.
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Council Action: Moved by Council Member Allevato, seconded by Council
Member Soto, and carried unanimously, 4-0, to accept a donation of $2,000 from
the San Juan Equestrian Coalition for the installation of equestrian crossing
improvements at the intersection of La Novia and San Juan Creek Road.
9. REPORT OF INVESTMENTS — MONTH ENDING AUGUST 31, 2005,
RECEIVED AND FILED. (350.30)
PUBLIC HEARINGS
RESOLUTION NO. 05-10-04-03 ADOPTED ORDERING FORMATION AND
APPOINTMENT OF A BOARD OF DIRECTORS FOR GEOLOGIC HAZARD
ABATEMENT DISTRICT (GHAD) 05-01 FOR TENTATIVE TRACT 16634,
WHISPERING HILLS, LLC. (WHISPERING HILLS ESTATES). (345.90)
Description: The City, as part of its Soil Subsidence Remediation Program, has
conditioned Tentative Tract 16634, Whispering Hills Estates, to establish a
Geologic Hazard Abatement District (GHAD) for potential use in the event of a
catastrophic slope failure. The district formation was initiated by the owner of the
real property within the proposed district and provides a tool that future
homeowners may use to repair major slope failures by which bonds would be
sold and repaid by property assessments over an extended period of time. The
resolution provides for formation of the district and appointment of the City
Council as the board of directors. Staff recommends Council adopt the resolution
ordering formation and appointment of Board of Directors for GHAD 05-01 for
Tentative Tract 16634, Whispering Hills, LLC.
Written Communication: Staff report dated October 4, 2005, by Sam Shoucair,
Senior 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, 4-0, to adopt RESOLUTION NO.
05-10-04-03 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FORMATION
OF, AND APPOINTING THE BOARD OF DIRECTORS FOR, GEOLOGIC
HAZARD ABATEMENT DISTRICT 05-01 FOR TENTATIVE TRACT 16634
WHISPERING HILLS ESTATES (WHISPERING HILLS, LLC.)."
RECESS AND RECONVENE
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Council recessed at 7:58 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:59 p.m.
ORDINANCES — None
COUNCILMANIC ITEMS — None
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:00 p.m. to
Tuesday, October 18, 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,
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MAAGAF�—PT R. MONAH , CITYVCLERKJ
Approved: November , 005
ATTEST:
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HART,
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