05-1018_CC_Minutes_Regular MeetingMINUTES
OCTOBER 18, 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 Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: William M. Huber, Assistant City Manager; John Shaw, City
Attorney; Meg Monahan, City Clerk; Karen Crocker, Community Services 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; Douglas Dumhart, Economic
Development Manager; Lynnette Adolphson, Management Analyst II; and Elizabeth
White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato provided a status report of a community trails committee
project; and complimented the City Clerk's office for progress on citywide digital records
management and savings realized by in-house development of an insurance tracking
program.
Council Member Bathgate reported attendance at the California League of Cities
conference and a South Orange County Wastewater Authority finance committee
meeting.
Council Member Soto wished Council Member Bathgate a happy upcoming birthday.
Mayor pro tem Swerdlin also relayed birthday wishes to Council Member Bathgate and
reported the Vector of the Month as Hantaan Viruses transmitted from rodent waste.
He also reported upcoming meetings with the California Joint Powers Authority and the
Orange County Vector Control District.
Mayor Hart reported attendance at services for the late Monsignor Martin and extended
the Council's thoughts and prayers to his family and congregation.
10 -18 -loos
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Seriices Director announced the following upcoming
communitywide events. the 9th annual Vintage Event, sponsored by the Chamber of
Commerce; "Kids Day" at the Mission San Juan Capistrano; "Day of the Dead"
celebration at the library; weekend Harvest Celebrations at South Coast Farms; and a
Flu Shot Clinic for seniors.
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin recognized the following individuals in attendance: Bob
Cardoza and Sheldon Cohen, Planning Commission; Les Blair, Council Liaison
to the San Juan Seniors; Joann de Guevara, Housing Advisory Committee;
Mechelle Lawrence, Executive Director of the Mission San Juan Capistrano; and
Stan Wylazlowski, Executive Director of the Chamber of Commerce.
ORAL COMMUNICATIONS
Mark Nielsen, city resident, recommended hiring an in-house City Attorney as a cost
savings measure.
Ted Powers, city resident, expressed dissatisfaction with the city's response to his
previous request for assistance to stop illegal construction by an adjacent property
owner. Nasser Abbaszadeh, Engineering & Building Director, reported that the courts
had taken jurisdiction over the matter. John Shaw, City Attorney, reported that his office
will be investigating possible injunctive relief. Mayor Hart told Mr. Powers that he would
investigate the matter further and contact him.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto seconded by Council Member
Bathgate, and carried unanimously, 5-0, to approve items 1, 2, 3, and 6 through 11 as
recommended by staff:
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 20, 2005,
APPROVED AS SUBMITTED.
3. RESOLUTION NO. 05-10-18-01 ENTITLED, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING THAT THE CITY OF SAN JUAN CAPISTRANO HAS THE
RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN
THE FY 2006-2007 — 2011-2012 TRANSPORTATION IMPROVEMENT
2 10-18-2005
PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF
THE PROJECTS SUBMITTED IN THE PROGRAM," ADOPTED. (940.90)
4. RESOLUTION NO. 05-10-18-02 ADOPTED DECLARING THE WORK FOR THE
CAMINO CAPISTRANO BUS TURNOUT SOUTH OF LA ZANJA STREET
CAPITAL IMPROVEMENT PROJECT COMPLETE, ACCEPTED, AND
APPROVED. (600.30)
This item was removed from the Consent Calendar to allow Council Member
Soto to comment.
Council Member Soto commended staff on completing the project in a timely
manner and reported that the bus turnout is now operating and the community
has had a very positive response.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried 5-0, to adopt RESOLUTION NO. 05-10-18-02
ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CAMINO CAPISTRANO BUS
TURNOUT OF LA ZANJA STREET," ADOPTED; THE CITY CLERK DIRECTED
TO PROCESS THE RECORDING OF THE PROJECT NOTICE OF
COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10%
RETENTION, IN THE AMOUNT OF $7,197.80, 35 DAYS AFTER
RECORDATION. (ORION CONTRACTING) (C1P NO. 135)
5. PERSONAL SERVICES AGREEMENT FOR SAN JUAN CREEK ROAD
WIDENING FROM VALLE ROAD TO CAMINO CAPISTRANO, PRELIMINARY
STUDY, AWARDED TO PBS&J, IN THE AMOUNT OF $51,297. (PBS&J) (CIP
No. 406) (600.30)
This item was removed from the Consent Calendar to allow Council Member
Soto to comment.
Council Member Soto expressed his agreement with the need for the study to be
completed and thanked staff for their work.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried unanimously 5-0, to award a personal services
agreement for San Juan Creek Road widening from Valle road to Camino
Capistrano, preliminary study, awarded to PBS&J, in the amount of $51,297.
6. PERSONAL SERVICES AGREEMENT WITH ORANGE COUNTY STRIPING
SERVICES, INC. FOR PAVEMENT MARKING MAINTENANCE FOR THE UNIT
PRICES SHOWN IN THE PROPOSAL, APPROVED. (600.30)
3 10-18-2005
7. PERSONAL SERVICES AGREEMENT WITH MUNICIPAL UNDERGROUND
SERVICES, INC. FC F SANITARY SEWER AND STORM DRAIN
MAINTENANCE SERVICES FOR THE UNIT PRICES SHOWN IN THEIR
PROPOSAL, APPROVED. (600.30)
8. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 30, 2005, IN THE
AMOUNT OF $1,840,806 73; AND PAYROLL WARRANTS DATED
SEPTEMBER 28, 2005 AND OCTOBER 7, 2005, IN THE AMOUNT OF
$267,486.42, RECEIVED AND FILED. (300.30)
9. AGREEMENT FOR STREET SWEEPING SERVICES WITH CLEANSTREET IN
THE AMOUNT OF $277,560.72, FOR A TWO-YEAR PERIOD, APPROVED.
(600.30)
10. LEASE AGREEMENT RENEWAL WITH THE CAPISTRANO INDIAN COUNCIL
FOR LEASE OF THE HARRISON FARMHOUSE FOR $1 PER YEAR,
APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY. (600.30)
11. LICENSE AGREEMENT RENEWAL WITH PELTZER FARMS FOR THE
CHRISTMAS TREE FARM ON THE NORTHWEST OPEN SPACE APPROVED;
AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY. (600.30)
PUBLIC HEARINGS — None
RECESS AND RECONVENE
Council recessed at 7:25 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:59 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. RESOLUTION NO. 05-10-18-03 ADOPTED DECLARING LOT 217 OF TRACT
12954 (APN 650-592-02) AS SURPLUS PROPERTY. (670.70)
Description: The City is fee simple owner of Lot 217 of Tract 12954, a vacant lot
on the northwest corner of Rancho Viejo Road and Golf Club Drive. The property
was acquired with a public and institutional designation. The original concept was
that the Fire Station on Del Obispo might be sited at this location. The County
has informed the City they do not have the resources to relocate the Fire Station
on Del Obispo. There may be an opportunity to return Lot 217 to the private
sector and put the land to productive use. This is City Council priority #16. Staff
4 10-18-2005
recommends adoption of Resolution No. 05-10-18-03 declaring Lot 217 of Tract
12954 as surplus property.
Written Communications: Report dated October 18, 2005, by Douglas D.
Dumhart, Economic Development Manager.
Presentation: Douglas D. Dumhart, Economic Development Manager
summarized the staff report.
Public Comment:
Mark Nielsen, city resident, spoke in opposition of declaring the property as
surplus and offered suggestions for public uses.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried 4-1, with Mayor Hart opposing, to adopt RESOLUTION
NO. 05-10-18-03 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING LOT 217,
TRACT 12954, LOCATED ON RANCHO VIEJO ROAD, IDENTIFIED AS
ASSESSOR PARCEL NUMBER 650-592-02, AS SURPLUS."
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, and Swerdlin
NOES: COUNCIL MEMBER: Mayor Hart
ABSENT: COUNCIL MEMBERS: None
b. STAFF AUTHORIZED TO EXPLORE THE CONCEPT OF DEALERSHIP
ANNEXES ON LOWER ROSAN RANCH WITH AUTOMOTIVE INVESTMENT
GROUP. (670.70)
Description: The Redevelopment Agency Board listed disposition and
development of Lower Rosan Ranch as a goal in their 5 -year Implementation
Plan. Alternatives were discussed and the general consensus was that low
intensive uses that could increase additional taxable sales should be explored.
Staff approached major RV dealers who claimed that the only way Lower Rosan
Ranch could be feasible for their operation was by freeway identification signs.
RV sales were dropped from consideration given the conditional interest. The
Agency received an inquiry by the new owners of the Barwick Dealerships about
the availability of land in the City for annexes to their facilities. Primarily,
Automotive Interest Group is looking for inventory storage, employee parking,
dealer preparation, and modernized parts and service areas to meet market
demand. Staff feels this proposal merits further discussions and recommends
5 10-18-2005
Council authorize staff to explore the concept of dealership annexes on Lower
Rosan Ranch with Automotive Interest Group.
Written Communications. Staff report dated October 18, 2005 by Douglas D.
Dumhart, Economic Deveiopment Manager.
Presentations: Douglas C Dumhart, Economic Development Manager
summarized the staff report
Council Action: Moved by Mayo. pro tem Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0 to authorize staff to explore the
concept of dealership annexes on Lower Rosan Ranch with Automotive
Investment Group.
G2. CITY ATTORNEY
a. HEARING OFFICER FRANCONE'S DETERMINATIONS SUPPORTED AND
CAPISTRANO TERRACE MOBILE HOME PARK OWNERS ORDERED TO
RETURN ANY INCREASED RENT TO MOBILE HOME PARK RESIDENTS BY
NOVEMBER 1, 2005. (110,20)
Description: The Residents of Capistrano Terrace Mobile Home Park on June
14, 2004, petitioned the City to review the Park Owners' notice of rent increase,
which sought to increase rent by $51.74 per space commencing on September 1,
2004. The Park Owners proposed to apply the increase incrementally upon the
Residents, at the anniversary date of each Resident's lease, to pass through
increased property tax and insurance costs. A majority of the Residents
protested the increase in writing; therefore, the City was required to conduct a
hearing procedure on the requested increase. The hearing procedure required
that a Hearing Officer be appointed to make a recommendation on the matter.
The Hearing Officer determined in her report that the proposed rent increase is
unfair and unjust because the park realized a fair rate of return. Staff is
recommending the Council review the findings of the Hearing Officer, render final
determination in the matter, and direct the City Attorney to prepare an
appropriate resolution reflecting the Council's final action.
Written communications. Staff report dated October 18, 2005, by John Shaw,
City Attorney.
Presentations: John Shaw, City Attorney, summarized the staff report.
Public Comment:
Marilla Hamor, city resident, thanked the Council for their support on this issue
Martin Gregory, city resident, supported the findings of the hearing officer.
6 10-18-2005
Bill Palmer, city resident, President of the Capistrano Terrace Home Owners
Association, supported repeal of the rent increases.
Rus Calisch, city resident, asked the Council to find ways to streamline the
hearing process for rent increases.
Jim Vance, Advanced Real Estate Services, Lake Forest, representing the
mobile home park owner, felt the hearing officer's consultant arbitrarily deleted
park expenses from consideration in determining appropriate owner costs.
Rick Julian, President and General Partner in the Capistrano Terrace Mobile
Home Park, said they experienced negative cash flow and he did not agree with
the hearing officer's findings.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Soto and carried unanimously, 5-0, to support the determination of
Hearing Officer Francone and order Capistrano Terrace Mobile Home Park
Owners to return any increased rent to mobile home park residents by November
1, 2005; and direct the City Attorney to return to the City Council with a resolution
making appropriate findings.
ORDINANCES — None
COUNCILMANIC ITEMS
1. MAYOR'S SUBCOMMITTEE RECOMMENDATION TO APPOINT JONATHAN
HASIRCOGLU AND JAKE WORDES AS MEMBERS OF THE YOUTH
ADVISORY BOARD, TERMS ENDING AUGUST 31, 2006, APPROVED.
(110.20)
Written Communications: Report dated October 18, 2005, by Meg Monahan,
City Clerk.
Oral Communications: Council Member Soto reported that he and Mayor pro
tem Swerdlin, the Mayor's subcommittee to review applications for committees
and commissions, nominate the following individuals to fill vacancies on the
Youth Advisory Board terms ending August 31, 2006:
Jonathan Hasircoglu
Jake Wordes
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried unanimously, 5-0, to make the appointments to the
Youth Advisory Board, terms ending August 31, 2006, as recommended by staff.
7 10-18-2005
ADJOURNMENT
There being no further business, Mayor Fart adjo.� ned the meeting at 8:47 p.m. to
Monday, October 24, 2005, at 7:00 p.m. for a joint meeting of the City Council and
Panning Commission, in the City Council Chamber
Respectfully submitted,
RET R. MONAHAN, CITY CLERK
: November "5, 200-1
ST:
WYATTrRT, MAYOR
10-18-2005