06-0801_CC_Minutes_Regular MeetingMINUTES
AUGUST 1, 2006
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 54956.9, the City Council conferred with
its legal counsel regarding the status of City of SJC v. Scarola.
Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:04 p.m. in the City Council Chamber. Council Member Soto 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 Alievato, 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; Bill Cunningham, Acting Planning Director; Nasser
Abbaszadeh, Engineering & Building Director; Karen Crocker, Community Services
Director; John Elwell, Interim Public Works Director; Douglas Dumhart, Economic
Development Manager; Michael Cantor, Senior Management Analyst; Peter Salgado,
Senior Civil Engineer; David Contreras, Associate Planner; Michelle Perea,
Administrative Assistant; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto commended Police Services for their handling of a recent incident
and City staff for the successful Chamber Installation Dinner and Relay for Life event.
He wished Mayor Swerdlin a Happy Birthday.
8-1-2006
Council Member Hart also complimented Police Services and remarked on the success
of the Relay for Life event.
Council Member Bathgate reported an upcoming South Orange County Wastewater
Authority meeting.
Council Member Allevato commended staff for their efforts resulting in the installation of
trees provided by Caltrans to screen a sound wall, mitigating the inappropriate removal
of trees at another location. He reported attendance at an Orange County
Transportation Authority, South Orange County Major Investment Group meeting
concerning funding of multi -modal facilities.
Mayor Swerdlin reported the Orange County Vector Control, Vector of the Month, Roof
Rats; and encouraged precautions related to an outbreak of West Nile Virus. He
complimented staff for the success of the Relay for Life event and the Chamber
Installation Dinner. He reported attendance at the Joint Powers Authority Annual
Meeting, provided an update related to installation of playground equipment, and
relayed Transportation Corridor Agency activities.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart announced the upcoming committee meeting of August 7, 2006.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming events including
the Mariachi Festival and Music under the Stars at the Mission; a Chamber Networking
Mixer; and the San Juan Capistrano Barn Dance.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Allevato introduced the following individuals in attendance: Don
Tryon, Cultural Heritage Commission; Dan Merkle, Water Advisory Commission;
Robert Cardoza, Planning Commission; Angela Duzich and Morton Smith, former
commissioners; Ron Robertson, Orange County Fire Authority Battalion Chief;
and Ken Friess and Tony Bland, former Mayors.
2 8-1-2006
ORAL COMMUNICATIONS
Ken Friess and Toni Bland, Co -Chairs of the Relay for Life event, thanked the
community for their participation; reported current funding at over $96,000; reported Bill
Ramsey's successful accomplishment of running 110 miles in the 24 hour period; and
recognized major event sponsors.
Joan Irvine Smith, City resident, presented autographed copies of her new book to the
City Council and requested City support for future fundraising efforts by the Capistrano
Valley Conservancy.
Tom Hribar, City resident, asked that a portion of the Lower Rosan Ranch property be
maintained for public use.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Hart, and carried unanimously, 5-0, to approve items 1 through 8, 10 through 12, and 14
through 19 as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JULY 3, 2006, APPROVED AS
SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED JULY 20, 2006, IN THE AMOUNT
OF $1,374,683.17; AND PAYROLL WARRANTS DATED JULY 14, 2006, IN
THE AMOUNT OF $289,710.39, RECEIVED AND FILED. (300.30)
4. CASH BALANCES BY FUND — JUNE 20, 2006, RECEIVED AND FILED.
(330.50)
5. REPORT OF INVESTMENTS FOR THE MONTH ENDING JUNE 30, 2006,
RECEIVED AND FILED; AND THE CITY CLERK DIRECTED TO FORWARD
THE REPORT TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY
COMMISSION. (350.30)
6. RESOLUTION NO. 06-08-01-01, 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 2006-2007 AND DELEGATE
AUTHORITY TO SET FUTURE GOALS TO THE CITY ENGINEER," ADOPTED.
(820.25)
3 8-1-2006
7. BID AWARDED TO DELL COMPUTER CORPORATION FOR THE PURCHASE
OF TWENTY-FOUR (24) PENTIUM WORKSTATIONS FOR $21,150.67.
(370.30)
8. LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND JUANENO BAND OF MISSION INDIANS, FOR USE OF A PORTION OF
THE LACOUAGUE BUILDING, APPROVED. (600.30)
9. PERSONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN (DVD)
FOR WORK FOR THE LOS RIOS PARK & PARKING LOT PROJECT
APPROVED. (CIP NO. 465) CITY COUNCIL PRIORITY 8A (600.30)
Mayor pro tem Allevato removed this item from the Consent Calendar in order to
ascertain that Lt. Betzler will be part of the project team and park design
development for issues related to public safety.
Council Action: Moved by Mayor pro tem Alievato, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve Personal Services
Agreement with David Volz Designs (DVD) for final engineering design and
preparation of plans, specifications, and cost estimates for the Los Rios Park &
Parking Lot project, in the amount of $214,500.
10. THREE-YEAR AGREEMENTS FOR CONCRETE MAINTENANCE AND
REPAIRS WITH GREEK'S CONCRETE AND W. PARKER ENGINEERING,
INC., FOR ESTABLISHED UNIT PRICES, APPROVED; AND THE CITY
MANAGER AUTHORIZED TO EXECUTE THE AGREEMENTS. (600.30)
11. PURCHASE OF AN UPGRADE OF THE IN TOUCH SOFTWARE AND
INDUSTRIAL SERIAL QUERY LANGUAGE (SQL) FACTORY SUITE, SUITE
VOYAGER PORTAL SOFTWARE AND RELATED LICENSES AND
TECHNICAL SUPPORT FOR THE SCADA SYSTEM REMOTE ACCESS,
FROM STANDARD AUTOMATION, IN THE AMOUNT OF $29,332.89,
APPROVED. (CIP #768) (370.30)
12. THREE-YEAR AGREEMENTS FOR ASPHALT MAINTENANCE AND REPAIRS,
WITH HARDY AND HARPER, INC. AND TYGOR, INC., FOR ESTABLISHED
UNIT PRICES, APPROVED; AND THE CITY MANAGER AUTHORIZED TO
EXECUTE THE AGREEMENTS. (600.30)
13. THREE-YEAR AGREEMENT FOR BUILDING MAINTENANCE AND REPAIRS
WITH INSLEY CONSTRUCTION, INC., APPROVED. (600.30)
This item was removed from the Consent Calendar to allow Mayor Swerdlin to
abstain.
4 8-1-2006
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried 4-0-1, with Mayor Swerdlin abstaining, to approve
Three-year Agreements for concrete maintenance and repairs with Greek's
Concrete and W. Parker Engineering, Inc., for established unit prices; and
authorize the City Manager to execute the agreements.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Soto, Allevato, Bathgate
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Mayor Swerdlin
14. PERSONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE SAN JUAN CREEK WATERLINE CROSSING AT VIA
ESTENAGA (CIP NO. 752), WITH RBF CONSULTING, INC., IN AN AMOUNT
NOT TO EXCEED $24,336, APPROVED; AND THE CITY MANAGER
AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30)
15. EXTENSION OF TIME, PURSUANT TO A LETTER DATED JULY 21, 2006
FROM JOHN A. RAMIREZ, RUTAN ATTORNEYS AT LAW, REPRESENTING
PUEBLO SERRA WORSHIP HOLDINGS, APPROVED; AND PHASING PLAN
FOR DEVELOPMENT OF THE SOUTH CAMPUS OF JSERRA HIGH SCHOOL,
AS OUTLINED IN JUNE 26, 2006 CORRESPONDENCE FROM DON
FISCHBECK, PROJECT MANAGER, JSERRA HIGH SCHOOL, APPROVED.
(600.301410.60)
16. RESOLUTION NO. 06-08-01-02, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
(TERMINATING THE LICENSE AGREEMENT FOR THE CHRISTMAS TREE
FARM WITH PELTZER FARMS DATED OCTOBER 21, 2003, AND
APPROVING THE LICENSE AGREEMENT WITH MOUNTAIN PINES
CHRISTMAS TREE FARM," ADOPTED; AND THE MAYOR AUTHORIZED TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. (600.30)
17. LICENSE AGREEMENT WITH CENTRA REALTY CORPORATION, TO
TEMPORARILY STOCKPILE DIRT ON MARBELLA LOT 217, APPROVED;
AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30)
18. AGREEMENT WITH THE ORANGE COUNTY OF ORANGE, FOR FISCAL
YEAR 2006-2007, FOR ANIMAL CARE SERVICES, IN AN AMOUNT NOT TO
EXCEED $65,000, APPROVED; AND THE MAYOR AUTHORIZED TO
EXECUTE THE AGREEMENT. (600.50)
5 8-1-2006
19. AGREEMENT WITH THE COUNTY OF ORANGE TO TRANSFER PROPERTY
OR FUNDS FOR 2005 HOMELAND SECURITY GRANT PROGRAM
PURPOSES, APPROVED; AND RESOLUTION NO. 06-08-01-03, ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DESIGNATING THE CITY APPLICANT'S AGENT
FOR THE PURPOSE OF OBTAINING FUNDS FROM THE FEDERAL
DEPARTMENT OF HOMELAND SECURITY AND THE STATE OFFICE OF
EMERGENCY SERVICES," ADOPTED. (600.50)
PUBLIC HEARINGS
RESOLUTION NO. 06-08-01-04 CONCERNING WEED ABATEMENT
CHARGES AND AUTHORIZATION OF PROPERTY TAX ASSESSMENTS
ADOPTED. (540.70)
Description: Pursuant to City Ordinance No. 348, Weed and Refuse Abatement,
and in cooperation with the County of Orange tax assessment procedures, the
charges for the City's Weed Abatement Program have been prepared for City
Council consideration. Staff recommended Council adopt the resolution
confirming the assessments for the weed abatement charges, and authorize the
Orange County Auditor -Controller's Office to include the assessments on the
Property Tax Roll.
Written Communications: Report dated August 1, 2006, by Michelle Perea,
Administrative Assistant.
Presentation: Michelle Perea, Administrative Assistant, summarized the staff
report.
Mayor Swerdlin opened the public hearing.
Public Testimon
Christine Speed, City resident, described areas near her home in need of weed
abatement and provided contact information to Dave Adams, City Manager, in
order to provide location details.
Mayor Swerdlin closed the public hearing.
Council Action: Moved by Council Member Bathgate, seconded by Mayor
pro tem Allevato, and carried unanimously, 5-0, to adopt Resolution No. 06-08-
01-04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT
FOR THE 2006 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN
CAPISTRANO."
6 8-1-2006
1
1
1
RECESS AND RECONVENE
Council recessed at 7:47 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:48 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. PURCHASE AND SALE AGREEMENT FOR LOT 217 OF TRACT 12954 WITH
CENTRA -REALTY APPROVED. CITY COUNCIL PRIORITY #16 (APN 650-592-
02) (600.30)
Description: At their June 20, 2006, meeting, the City Council selected Centra -
Realty as the preferred proposal for disposition and development of Lot 217 and
directed staff to prepare a Purchase and Sale Agreement for their consideration.
Staff recommended Council approve the Purchase and Sale Agreement for Lot
217 of Tract 12954 with Centra -Realty in the amount of $4.45M; and authorize
the Mayor to execute the agreement.
Written Communications: Report dated August 1, 2006, by Douglas Dumhart,
Economic Development Manager.
Presentation: Douglas Dumhart, Economic Development Manager, summarized
the staff report.
Public Comment:
Angela Duzich, City resident, recommended not selling the land and instead
retaining for a future public use. Douglas Dumhart, Economic Development
Manager, provided background information and discussed proposed uses for the
funds generated by the sale.
Bob Rudy, City resident, representing the Marbella Home Owners Association,
indicated the Board had unanimously approved the staff recommendation and
thanked the City for their community outreach in the matter.
Kemmer Matteson, City resident, representing the Marbella Home Owners
Association, supported the proposed use and ascertained that staff is aware the
proposal includes the refurbishment of Marbella's front gates.
Steve Sandland, 3 Park Plan, Irvine, Centra Realty Corporation, thanked staff for
their diligent selection process and indicated the proposal was supported by
Marbella community.
VA
8-1-2006
Council Comment:
Council Members concurred that the proposal is consistent with the City's Vision
and General Plan; funds raised by the sale of the property will enhance City
roads and amenities to benefit its residents; and cited the support from the
adjacent Marbella Community as a determining factor.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto, and carried unanimously, 5-0, to approve the Purchase and Sale
Agreement for Lot 217 of Tract 12954 with Centra -Realty in the amount of
$4.45M; and authorize the Mayor to execute the agreement.
ORDINANCES - None
COUNCILMANIC ITEMS
YOUTH ADVISORY BOARD MEMBERS AND ONE ADULT ADVISOR
APPOINTED FOR TERMS ENDING AUGUST 31, 2007. (110.20)
Description: The City Clerk posted and published appropriate notices
announcing vacancies on the Youth Advisory Board. The Mayor's Subcommittee
appointed to review applications, consisting of Mayor pro tem Allevato and
Council Member Bathgate, in coordination with the Board secretary,
recommended appointment of certain applicants, one adult advisor, and
continued solicitation to fill the second adult advisor position.
Written Communications: Report dated August 1, 2006, by Meg Monahan, City
Clerk.
Presentation: Meg Monahan, City Clerk, reviewed the subcommittee
recommendation.
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Allevato, and carried unanimously, 5-0, to appoint Mellissa Bell, Toni Ann
Caello-Wood, Derek DeCaro, Brendon Dilloughery, Kayla Ferrari, Jonathan
Hasircoglu, Georgina Lean, Megan Looney, Daniel Matthews, Matthew
McCormick, Andrew Soto, Ryan Wagner, and James Whitlock to the Youth
Advisory Board, terms ending August 31, 2007; appoint Annalee Capello as
Adult Advisor, term ending August 31, 2006; and direct the City Clerk to continue
solicitations to fill the vacant Adult Advisor position.
8 8-1-2006
2. CONSIDERATION OF A PROPOSAL FOR THE CITY OF SAN JUAN
CAPISTRANO TO PARTICIPATE IN THE ADOPTION OF A MARINE CORP
UNIT FROM CAMP PENDLETON WITHDRAWN. (130.80)
Meg Monahan, City Clerk, announced this item had been withdrawn.
ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 8:14 p.m. to
Tuesday, August 15, 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,
AR RET R. MONAHAN, CITY CLERK
ppro ed: September 7, 2006
A EST:
DAVID M. SWERDLIN, MAYOR
1
9 8-1-2006