06-0321_CC_Minutes_Regular Meeting1
MINUTES
MARCH 21, 2006
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85)
Pursuant to Government Code section 54957, the City Council conducted a
performance evaluation of the City Manager. This item was continued to
Monday, March 27, 2006 at 5:30 p.m.
Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:06 p.m. in the City Council Chamber. Boy Scout Troop 757
members Chip Waller, Stephan Toubia, Brady Mosk, and Troop Leader Souhail Toubia
led the Pledge of Allegiance and Council Member Allevato gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, Joe Soto, Mayor pro
tem Sam Allevato, and Mayor David M. Swerdlin.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; John Shaw, 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; Karen
Crocker, Community Services Director; Kathleen Springer, Acting Public Works
Director; Nasser Abbaszadeh, Engineering & Building Director; Molly Bogh, Planning
Director; Peter Salgado, Senior Civil Engineer; Joe Mankawich, Associate Engineer;
and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto reported attendance at the Municipal Water District of Orange
County meeting where member agencies reaffirmed their support for each other in
times of need; and attendance at Fiesta de las Golondrinas events throughout the
community.
Council Member Bathgate reported attendance at a South Orange County Wastewater
Authority Finance Committee meeting and a San Juan Basin Authority meeting where a
desalter project was considered.
Mayor pro tem Allevato reported an upcoming Orange County Fire Authority meeting.
3-21-2006
Mayor Swerdlin reported attendance at Fiesta de las Golondrinas events and a Vector
Control Board meeting; and announced plans to attend an upcoming Joint Powers
Insurance Authority meeting.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart summarized the business conducted at the March 13, 2006
meeting of the Northwest Area Strategies Committee and announced that the next
meeting is scheduled for 7:00 p.m., April 10, 2006, at the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events including the 48th Annual Swallows Day Parade, Mercado, and related activities.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. SAN JUAN CAPISTRANO
PRESCHOOL OUTSTANDING
RECOGNIZED. (610.40)
COMMUNITY PRESBYTERIAN CHURCH
STAFF MEMBER SALLY YOUNG
Mayor pro tem Allevato recognized Sally Young, long time director of the
Community Presbyterian Church Preschool, for her many contributions to the
growth and development of community members. He presented her with a
plaque.
2. BOYS & GIRLS CLUB YOUTH OF THE YEAR TAD EVANS RECOGNIZED
(610.40)
Mayor Swerdlin recognized Tad Evans, Boys & Girls Club Youth of the Year, for
his outstanding contributions to the community and presented Evans with a
Certificate of Recognition.
3. COMMISSIONERS PRESENT AT MEETING INTRODUCED (110.10)
Mayor pro tem Allevato introduced the following individuals in attendance: Joann
de Guevara, Housing Advisory Committee Member.
ORAL. COMMUNICATIONS
Trevor R. Dale, City resident, stated his disappointment in the referendum petition
gathering process due to experiences with rude people hired to oppose their efforts.
Dick Schwartz, City resident, spoke of threats and harassment he endured while trying
to gather signatures on the golf course related referendum petition.
2 3-21-2006
Eva Crabbs, City resident, conveyed problems with threats to petition circulators and
lack of response by police. She felt the police should protect residents of the
community.
Patricia Jones, City resident, said that during her efforts to circulate a referendum
petition, she was verbally threatened with physical violence. She felt those opposing
the petition were being deceptive.
Yvonne Tchaikowski, City resident, relayed an incident she experienced as a petition
circulator that included stalking, which caused her significant fear. She asked for police
protection from those hired by the golf course to counter the petition gatherers.
David Koffs, City resident, felt those working to oppose the referendum were
misinforming citizens.
Dave Solt, City resident, said he was physically threatened by a Golf Course employee
while he was circulating the referendum petition. He said some people hired to oppose
the referendum were from out of state.
Robert Schrank, City resident, said he witnessed threats made to Pat Jones and
requested City protection.
Kim Lefner, City resident, expressed disappointment in the Council's decision to
approve the General Plan amendment and re -zoning of the Golf Course project.
Mark Nielsen, City resident, requested the City protect the safety and rights of those
circulating the referendum petition and adopt a resolution to condemn activities that
obstruct the efforts of signature gatherers. He felt it was wrong for people from out of
town to be active in opposing a local political issue.
Mayor Swerdlin requested police follow up on issues relayed by the petition circulators.
Lt. Mike Betzler, Chief of Police Services, reported that one police report is under
investigation. He said further efforts to circulate petitions would be monitored and
supported. He encouraged people to report related incidents and said reports would be
investigated and, if appropriate, referred to the District Attorney.
ITEM ADDED TO CITY COUNCIL AGENDA ON 415TH VOTE
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate, and carried unanimously, 5-0 to add Consideration of Formally Opposing
Interference of Election Related Petition Circulation to the agenda, based on the finding
that since posting of the March 21, 2006 City Council meeting agenda, new facts have
been brought to the attention of the City Council that require immediate action.
3-21-2006
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 06-03-21-01 entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, OPPOSING ACTIVITY THAT HINDERS OR INFRINGES
ON THE CONSTITUTIONAL AND STATE GRANTED RIGHTS OF ELECTION
RELATED SIGNATURE GATHERERS AND SUPPORTING STRICT ENFORCEMENT
OF ELECTION RELATED LAWS."
Art Guevara, City resident, spoke in opposition to efforts by the Minuteman Group to
intimidate residents and destroy the peace within the community.
James Cummings, City resident, spoke regarding his unsuccessful two year process to
deal with barking dogs in his neighborhood and asked for City support. John Shaw, City
Attorney, provided him with contact information to discuss the issue.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member
Soto, and carried unanimously, 5-0, to approve items 1 through 9 and 11 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. ACCOUNTS PAYABLE WARRANTS DATED MARCH 2, 2006, IN THE
AMOUNT OF $1,248,560.52; AND PAYROLL WARRANTS DATED FEBRUARY
24, 2006, IN THE AMOUNT OF $346,302.61, RECEIVED AND FILED. (300.30)
3. MINUTES OF THE REGULAR MEETING OF FEBRUARY 21, 2006,
APPROVED AS SUBMITTED.
4. CONTRIBUTION AGREEMENT WITH CALTRANS FOR CAPITAL
IMPROVEMENT PROJECT NO. 130, CALLE RESPLENDOR STORM DRAIN,
IN THE AMOUNT OF $14,970 FOR DESIGN AND $63,000 FOR
CONSTRUCTION, APPROVED. (CIP NO. 130)(600.50)
5. AGREEMENT STD 213, WITH THE FRANCHISE TAX BOARD, APPROVED;
AND RESOLUTION NO. 06-03-21-02 ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN AGREEMENT WITH THE FRANCHISE TAX BOARD FOR
PARTICIPATION IN THE LOCAL GOVERNMENT SHARING PROGRAM, (AB
63)," ADOPTED (600.30)
6. PLANS AND SPECIFICATIONS FOR THE HARRISON HOUSE
REHABILITATION AND PAINTING PROJECT APPROVED; AND STAFF
AUTHORIZED TO RECEIVE BIDS. (600.30)
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7. AMENDATORY AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR
PERFORMANCE OF TREE TRIMMING SERVICES FOR A THREE-YEAR
PERIOD, IN THE AMOUNT NOT TO EXCEED $122,993, APPROVED. (600.30)
8. PHASE 1 EMERGENCY SERVICE PROGRAM AGREEMENT BETWEEN THE
SOUTH ORANGE COUNTY AGENCIES (SANTA MARGARITA WATER
DISTRICT, MOULTON NIGUEL WATER DISTRICT, CITY OF SAN CLEMENTE,
SOUTH COAST WATER DISTRICT, LAGUNA BEACH COUNTY WATER
DISTRICT, EL TOTO WATER DISTRICT, TRABUCO CANYON WATER
DISTRICT, AND CITY OF SAN JUAN CAPISTRANO) AND THE IRVINE RANCH
WATER DISTRICT (IRWD) APPROVED. (600.30)
9. CLAIM OF JOHN PEREZ DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
10. RESOLUTION NO. 06-03-21-03 ADOPTED QUITCLAIMING IRREVOCABLE
OFFERS FOR EQUESTRIAN TRAIL PURPOSES WITHIN PRIVATE
PROPERTIES (670.50)
This item was removed from the Consent Calendar to allow for public comment.
Public Comment:
Jim Stebbins, City resident, was concerned about safety issues related to a
fenced area within the trail; and asked when recorded documents related to the
quitclaims would be returned. Nasser Abbaszadeh, Engineering & Building
Director, provided Mr. Stebbins with contact information to arrange a meeting.
Meg Monahan, City Clerk, gathered contact information from several residents to
provide copies of recorded documents.
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Allevato, and carried unanimously, 5-0. to adopt Resolution No. 06-03-21-
03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, TO QUITCLAIM IRREVOCABLE OFFERS
FOR EQUESTRIAN TRAIL PURPOSES WITHIN ASSESSOR'S PARCELS 649-
091-24, 25, 27, 28, 32, 33, 34, 35 AND 36 (HUSTON, BOYD FEARS, LIND,
ESSLINGER, AMAN, STEBBINS, TRIMBLE AND FRANCIK)."
11. TOLLING AGREEMENT AMONG THE CITY, ANVARI ASSOCIATES, ET. AL.,
AND CULVER CAPITAL, LLC FOR THE FORSTER ESTATES (TPM 2003-142)
FOUR LOT PARCEL MAP PROPOSAL, APPROVED. (600.30)
3-21-2006
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 8:34 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:36 p.m.
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. $1.9 MILLION APPROPRIATED FROM THE GENERAL FUND RESERVE FOR
WORK RELATED TO THE AVENIDA PLACIDA LANDSLIDE. (FEMA DR -1585)
(600.30)
Description: In June 2005, the Avenida Placida landslide was reactivated due to
the heavy rains, depositing a significant amount of debris in an existing detention
basin within the San Juan Hills Estates Development and impacting existing
domestic water facilities at the Krum Reservoir site. The City's geotechnical
engineer, Lawson and Associates Geotechnical Consulting (LCG),
recommended mitigation measures be taken to remove the debris from the
detention basin and stabilize the existing water facilities. Staff is seeking Federal
Emergency Management Agency (FEMA) reimbursement for the cost of
mitigation measures. The total cost for expenditures associated with the landslide
is $5.4 million, of which $3.5 million has already been approved by Council. Staff
recommended an additional $1.9 million be appropriated from the General Fund
Reserve to cover the cost of the remaining work.
Written Communication: Report dated March 21, 2006, by Peter Salgado,
Senior Civil Engineer.
Presentation: Peter Salgado, Senior Civil Engineer, summarized the staff
recommendation.
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried unanimously, 5-0. to appropriate $1.9 million from the
General Fund Reserve to cover the costs for remaining work items related to the
Avenida Placida Landslide.
b. RESOLUTION NO. 06-03-21-04 ADOPTED CONCERNING THE SAN JUAN
CREEK WATERLINE CROSSING AT VIA ESTENAGA. (CIP NO. 767) (FEMA
DR -1577) (600.30)
M
3-21-2006
Description: In January 2005, extreme weather conditions caused severe
erosion to the San Juan Creek streambed and exposed the waterline crossing at
Via Estenaga. RBF Consultants, Inc. have completed the Initial Study/Mitigated
Negative Declaration (IS/MND); and Plans and Specifications for the project. The
Federal Emergency Management Agency (FEMA) has sent an obligation letter
for $336,423 toward the cost of the line replacement and staff will seek additional
reimbursement based upon the final cost. Staff recommended Council adopt the
Mitigated Negative Declaration; approve the Plans and specifications; direct the
City Clerk to advertise the project for bids; and appropriate $315,000 from the
Water Replacement Fund.
Written Communications: Report dated March 21, 2006, by Joe Mankawich,
Associate Engineer.
Presentation: Joe Mankawich, Associate Engineer, reviewed the staff report.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Allevato, and carried unanimously, 5-0, to adopt Resolution No. 06-03-21-04,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AND APPROVAL OF PLANS FOR THE
REPLACEMENT OF THE SAN JUAN CREEK WATERLINE CROSSING AT VIA
ESTENAGA;" approve Plans and Specifications for the project; direct the City
Clerk to advertise the project for competitive bids; and appropriate $315,000 from
the Water Replacement Fund to the Underline Water Replacement Project
ORDINANCES - None
COUNCILMANIC ITEMS
REGULAR MEETING OF JULY 4, 2006 CANCELED AND RESCHEDULED
FOR MONDAY, JULY 3, 2006, AT 5:30 P.M. FOR CLOSED SESSION AND 7:00
P.M. FOR THE PUBLIC OPEN SESSION, IN THE CITY COUNCIL CHAMBER.
(610.15)
Description: Staff recommended the City Council reschedule their regular
meeting, which falls on the July 4, 2006, legal holiday, to either Monday July 3,
2006, or Wednesday, July 5, 2006.
Written Communications: Report dated March 21, 2006, by Meg Monahan, City
Clerk.
Council Action: Moved by Mayor Swerdlin, seconded by Mayor pro tem
Allevato, and carried unanimously, 5-0, to cancel the Regular Meeting of the City
Council scheduled for July 4, 2006, and add a Regular Meeting on Monday, July
3, 2006.
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ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 8:49 p.m. to
Monday, March 27, 2006, 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,
Gam_
RGARET R. MONAHAN, CITY CLERK
: April 18, 2006
ATTEST:
n
Ge- C
DAVID M. SW RDLIN, MAYOR
3-21-2006