02-0806_CC_Minutes_Regular MeetingMINUTES
August 6, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION 610.85 - None
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Bathgate called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:02 p.m. in the City Council Chamber. Council Member
Collene Campbell led the Pledge of Allegiance to the Flag. Monsignor Paul Martin, Mission
Basilica of San Juan Capistrano gave the Invocation.
ROLL CALL
COUNCIL, MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David M. Swerdlin and
Mayor Diane Bathgate.
COUNCIL MEMBERS ABSENT: Mayor pro tem John S. Gelff
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber,
Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr.,
Community Services Director; Lt. Rick Stahr, Chief of Police Services; and, Dawn
Schanderl, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - None
INTRODUCTIONS, PRESENTATION AND DONATIONS
1. MEDIX AMBULANCE SERVICE, MAJOR SPONSOR OF THE 2002 4TH OF JULY
CELEBRATION, RECOGNIZED (610.40)
Medix Ambulance Service was a Major Sponsor of the City's 2002 4" of July
Celebration. Mayor Bathgate presented Chris Rosetti, of Medix Ambulance Service,
with a plaque of appreciation.
2. LEE BUSER, FORMER CULTURAL HERITAGE COMMISSIONER, RECOGNIZED
FOR HER SERVICE TO THE COMMUNITY (110.20)
Mayor Bathgate presented a plaque to Lee Buser for her 14 years of service to the
community as a commissioner on the Cultural Heritage Commission.
City Council Minutes 1 08-08-02
3. ROBERT J. HOHENSTEIN, PH.D., PEPPERDINE UNIVERSITY, PROVIDED A
REPORT, REVIEWING THE GANG PREVENTION PROGRAM (585.501600.30)
In November 2002, the City entered into an agreement with Pepperdine University
to provide a preventive approach to addressing at risk youth concerns in our local
schools and community. Mr. Hohenstein provided an update of the program and
introduced, Ari Novak, the newly appointed Community Counselor.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Hart introduced the following persons in attendance: Bill Sonka,
Planning Commission; Marie Buckner and Joann de Guevara, Housing Advisory
Committee; Jan Siegel, Jess Andrews and Don Tryon, Cultural Heritage
Commission; Joe Soto, Water Advisory Commission; Pat Bathgate, Mayor
Bathgate's mother; Jonathan Volzske; Phil Schwartze, former Council Member and
Mayor.
ORAL COMMUNICATIONS:
(CITY COUNCILMOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT):
Walter Webb, Capistrano Beach resident, invited the City Council and the community to
learn more about biomass issues and expressed concern that the forestry programs need
to be revised.
Jess Andrews, Cultural Heritage Commissioner and Docent for the Architectural Walking
Tour sponsored by the Library, addressed the lack of public access to the Montanez Adobe
and felt the curator was not living up to contractual obligations.
Jan Siegel, Cultural Heritage Commissioner, requested that the City Council seek a new
curator for the Montanez Adobe and was concerned with facility disrepair, missing artifacts
and lack of public access to the facility.
George Scarborough, City Manager, reported that the current curator, Capistrano
Cornerstone, had been notified of the upcoming agreement termination. Council will
receive a status report on the situation.
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart
and carried unanimously, 4-0, to approve items 1 through 10 as recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF JULY 2, 2002, APPROVED AS
SUBMITTED
City Council Minutes 2 08-06-02
3. 10% INCREASE TO THE PERSONAL SERVICES AGREEMENT WITH PACIFIC
MAINTENANCE FOR CITY CUSTODIAL SERVICES FOR THE CITY HALL
FACILITIES, COMMUNITY CENTER AND GYMNASIUM APPROVED, FOR A
PERIOD COMMENCING JULY 1, 2002 AND ENDING JUNE 30, 2003 (600.30)
4. WARRANTS DATED JULY 11, 2002, IN THE AMOUNT OF $1,243,032.16,
PAYROLL WARRANTS DATED JULY 3, 2002, IN THE AMOUNT OF $257,745.90,
AND, PAYROLL WARRANTS DATED JULY 18, 2002, IN THE AMOUNT OF
$230,312.59 RECEIVED AND FILED (300.30)
5. AGREEMENT WITH THE CITY OF DANA POINT APPROVED FOR THE CITY OF
DANA POINT'S USE OF CITY FACILITIES FOR INTERIM DIVERSION OF DRY
WEATHER NUISANCE FLOWS FROM ALIPAZ DRAIN; AND THE MAYOR
AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
(600.50)
6. RESOLUTION NO. 02-08-06-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM
TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL
YEAR2002-2003 FOR DEBT SERVICE AND REQUESTING THE LEVY OF ATAX
IN THE CITY OF SAN JUAN CAPISTRANO," SETTING THE OPEN SPACE
GENERAL OBLIGATION REFUNDING BOND PROPERTY TAX RATE FOR
FISCAL YEAR 2002-2003 OF $0.0423 PER $100 OF ASSESSED VALUATION;
AND, CITY CLERK AUTHORIZED TO FORWARD A CERTIFIED COPY OF THE
RESOLUTION TO THE ORANGE COUNTY ASSESSOR AND
AUDITOR/CONTROLLER OFFICES FOR INCLUSION ON THE 2002-2003 TAX
ROLLS (390.80)
7. RESOLUTION NO. 02-08-06-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETE AS TO PLANS AND SPECIFICATIONS
FOR THE IRRIGATION COMMUNICATIONS UPGRADES (EWING):" AND CITY
CLERK DIRECTED TO FORWARD THE NOTICE OF COMPLETION FOR THE
IRRIGATION COMMUNICATIONS UPGRADES PROJECT TO THE COUNTY
RECORDER (600.30)
8. RESOLUTION NO. 02-08-06-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETE AS TO PLANS AND SPECIFICATIONS
FOR THE SPORTS FIELD DRAINAGE UPGRADES PROJECTS;" AND CITY
CLERK DIRECTED TO FORWARD THE NOTICE OF COMPLETION FOR THE
SPORTS FIELD DRAINAGE UPGRADES PROJECT (CIP#467) TO THE COUNTY
RECORDER (600.30)
City Council Minutes 3 08-06-02
9. CASH FUND BALANCES BY FUND - JUNE 30, 2002, RECEIVED AND FILED
(330.50)
10. REPORT OF INVESTMENTS, MONTH ENDING JUNE 30, 2002, RECEIVED AND
FILED; AND THE CITY CLERK DIRECTED TO FORWARD THE REPORT TO THE
CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (350.50)
PUBLIC HEARINGS:
1. RESOLUTION NO. 02-08-06-05 ADOPTED CONFIRMING ASSESSMENTS FOR
LANDSCAPE MAINTENANCE DISTRICTS TRACTS 9284 (SEAVIEW), 8485
(MISSION SPRINGS), 7673 (MISSION WOODS), 9373/7654 (LOS CORRALES)
AND CAPISTRANO ROYALE, AND AUTHORIZING THE ORANGE COUNTY
AUDITOR -CONTROLLER'S OFFICE TO INCLUDE ASSESSMENTS ON THE
PROPERTY TAX ROLLS (345.20)
Public Hearings E1 and E2 were combined and heard as at the same time.
Project Description: The City established various landscape maintenance districts
to provide maintenance services within certain developments; Tracts 9284
(Seaview), Tract 9382 (Belford Terrace), 8485 (Mission Springs), 7673 (Mission
Woods), 9373/7654 (Los Corrales), and Capistrano Royale. Review by the Public
Works Department of the reserves for each of these districts revealed that there
were adequate reserves to recommend no change be made to the assessments this
year.
The residents of Belford Terrace requested that additional capital projects be
included in their District. Pursuant to Proposition 218, increases to assessments
must be approved by a majority vote of the property owners submitting ballot votes,
therefore the formation process of a new Belford Terrace Landscape Maintenance
District was implemented. Formation of a new district would dissolve the existing
district.
Written Communications: Reports dated August 6, 2002, and Supplement Agency
Report dated August 6, 2002, from Amy Amirani, Director of Public Works.
A letter dated July 28, 2002, from Cynthia K. Kane, City resident, regarding
landscape issues on Calle Arroyo.
Presentation: Amy Amirani, Director of Public Works, reviewed the staff report and
reported that following public testimony for all districts, the public hearing would
briefly recess for the collection and tabulation of the Belford ballots. The meeting
would then reconvene for consideration of the results by the City Council.
Mayor Bathgate opened the public hearing.
City Council Minutes 4 08-06-02
Public Testimon
Mark Speros, Mission Springs resident, was concerned with 80 -foot tall Eucalyptus
trees located in the city right-of-way but hanging over his property line.
Mayor Bathgate closed the public hearing. The ballots were collected.
The ballots for the proposed Belford Terrace Landscape Maintenance District were
received and tabulated by Joan Cox, Harris and Associates, Assessment
Engineering Consultant to the City of San Juan Capistrano, and confirmed by Meg
Monahan, City Clerk.
Total of Ballots received
No. of Parcels: 42
Assessment Amount: $32,114.88
Total "Yes" Ballots
Assessment Amount: $18,351.36
Assessment Amount Percent Yeas: 57.14
Total "No" Ballots:
No. of Parcels: 18
Assessment Amount: $13,763.52
Assessment Amount Percent No: 42.86
Resulting in the formation of a new assessment district for Belford Terrace.
Amy Amirani, Director of Public Works, noted the motion for approval requires the
approval of the amended Engineers report.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 4-0, to approved the following assessments: $557
per home - Tract 9284 (Seaview); $290 per home - Tract 8485 (Mission Springs);
$200 per home - Tract 7673 (Mission Woods); $80 per home - Tract 9373/7654
(Los Corrales; and $1,110 per home - Capistrano Royale; and, adopt Resolution
No. 02-08-06-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE LEVY OF THE
FISCAL YEAR 2002-2003 LANDSCAPE AND OPEN SPACE MAINTENANCE
DISTRICTS' ASSESSMENTS IN THE CITY OF SAN JUAN CAPISTRANO."
2. RESOLUTION NO. 02-08-06-04 ADOPTED DISSOLVING THE OLD BELFORD
TERRACE OPEN SPACE MAINTENANCE DISTRICT, FORMING THE NEW
BELFORD TERRACE LANDSCAPE MAINTENANCE DISTRICT AND
CONFIRMING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2002-03
(345.20)
City Council Minutes 5 08-06-02
Public Hearings Eland E2 were combined and heard as at the same time, see item
E1.
Council Action: Moved by Council Member Campbell and seconded by Council
Member Hart, and carried unanimously, 4-0, to accept the tabulation of ballots into
the record; and, Resolution No. 02-08-06-04 adopted entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DISSOLVING THE BELFORD TERRACE OPEN SPACE MAINTENANCE
DISTRICT, FORMING THE BELFORD TERRACE LANDSCAPE MAINTENANCE
DISTRICT AND CONFIRMING THE LEVY OF ASSESSMENTS FOR FISCAL
YEAR 2002-2003."
3. PUBLIC HEARING FOR TENTATIVE TRACT MAP FOR WHISPERING HILLS
ESTATES WAS CONTINUED TO AUGUST 20, 2002 (WHISPERING HILLS, LLC)
(VTTM 15571, RZ 01-01, HM 01-01) (420.401460.201410.851410.80)
Mayor Bathgate abstained from this item and left the council chamber. Council
Member Hart conducted the public hearing.
Project Description: The applicant requested approval of a revised vesting
tentative tract map to subdivide the property into 175 single-family lots, open space,
and a 42 -acre site for a public high school. Of the 175 homes, 15 are proposed in
the West Canyon and 160 in the East Canyon. The high school site is located in
the northern portion of the East Canyon. Also included is a Ridgeline Exception to
permit grading for the high school to extend within 200 feet of a General Plan
Ridgeline; and, a Hillside Management application. Primary access is proposed
from Avenida La Mancha for the West Canyon and La Pata Avenue for the East
Canyon and the high school. There will also be a second right turn -in -only entrance
for the high school off La Pata, north of the main entry. This item was continued
from the meeting of July 16, 2002.
Written Communications: Report dated August 6, 2002, from Thomas Tomlinson,
Director of Planning and Larry N. Lawrence, Consulting Project Manager.
Presentation: Larry N. Lawrence, Consulting Project Manager, reported that review
of the traffic study and street improvement issues were not complete. He
recommended that Council accept public testimony and continue the public hearing
to August 20, 2002. Members of the public had been notified of the continuance.
Council Member Hart opened the public hearing. There being no response, closed
the public hearing.
Council Action: Moved by Council MemberCampbell, seconded by Council Member
Swerdlin and carried, 3-0-1, to continue the public hearing to August 20, 2002.
City Council Minutes 6 08-06-02
ROLL CALL
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
RECESS AND RECONVENE
Hart, Campbell and Swerdlin
None
Mayor pro tem Gelff
Mayor Bathgate
Council recessed at 7:42 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 7:44 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. MEMORANDUM OF UNDERSTANDING APPROVED WITH THE SAN JUAN
CAPISTRANO EMPLOYEES ASSOCIATION (730.30)
Project Description: The City met and conferred with the San Juan Capistrano
Management Employees Association as required by the Meyers-Milias-Brown Act
of the State of California. Negotiations were conducted regarding wages, hours and
other terms and conditions of employment. An tentative agreement was reached,
consistent with City Council's instructions, representing a 2.59% total compensation
package for July 1, 2002 through June 30, 2003.
Written Communication: Report dated August 6, 2002, by George Scarborough,
City Manager.
Presentation: Julia Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 4-0, to approve the Memorandum of Understanding
between the City of San Juan Capistrano and the San Juan Capistrano
Management employees Association and authorized the necessary modifications
to the City's Personnel Rules and Regulations.
City Council Minutes 7 08-06-02
b. MEMORANDUM OF UNDERSTANDING APPROVED WITH THE SAN JUAN
CAPISTRANO CLASSIFIED EMPLOYEES ASSOCIATION (730.30)
Pro'ect Description: The City met and conferred with the San Juan Capistrano
Classified Employees Association as required by the Meyers-Milias-Brown Act of
the State of California. Negotiations were conducted addressing terms and
conditions of employment. An tentative agreement was reached consistent City
Council instructions, representing a 2.52% total compensation package for July 1,
2002 through June 30, 2004.
Written Communication: Report dated August 6, 2002, by George Scarborough,
City Manager.
Presentation: Julia Silvia, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Hart, seconded by Council Member
Campbell and carried unanimously 4-0, to approve the Memorandum of
Understanding between the City of San Juan Capistrano and the San Juan
Capistrano Classified Employees Association and authorize the necessary
modifications to the City's Personnel Rules and Regulations.
C. RESOLUTION NO. 02-08-06-06 ADOPTED AMENDING THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN FOR SALARY ADJUSTMENTS,
FISCAL YEAR 2002-2003 (700.20)
Project Description: Based on tentative agreements with the San Juan Capistrano
City's Employee and the San Juan Capistrano Management Employees
Associations, changes to the City's compensation plan have been prepared.
Changes also include a salary increase for Executive employees, consistent with
these agreement.
Written Communication: Report dated August 6, 2002, by George Scarborough,
City Manager.
Presentation: Julia Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 4-0, to adopt Resolution 02-08-06-06 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" for salary adjustments
for Fiscal Year 2002-2003 for the San Juan Capistrano Classified Employees
City Council Minutes 8 08-06-02
Association,San Juan Capistrano Management Employees Association, and San
Juan Capistrano Executive employees.
ORDINANCES: - None
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Foothill Eastern Corridor (800.50). The Authority is completing Environmental
Impact Reports, coordinating with the Navy regarding former Marine Base and
discussing a possible partnership for double tracking. Council Member Swerdlin
indicated that he regularly encourages completion of the corridor extension.
Joint Powers Insurance Authority (170.30): The Board of Directors recently held
annual elections resulting in no changes.
COUNCIL COMMENTS:
Mayor Bathgate announced the Stone Field dedication will take place on Sunday, August
-- 5, 2002; and, Caltrans will conduct a scooping session on Tuesday, August 13, 2002, at
6:00 p.m. at the Community Center.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 7:58 p.m. to
a regular meeting, Tuesday, August 20, 2002, in the City Council Chamber.
Respectfully submitted,
h�ti
MARGARET R. MONAHAN, CITY CLERK
September 3, 2002
ATTEST:
DIANE BATHGATE,
City Council Minutes 9 08-06-02