02-1105_CC_Minutes_Regular MeetingMINUTES
November 5, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (61 D.85} - 5:30 P.M.
A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code section 54956.9(c), the City Council conferred with
its legal counsel regarding one matter.
2. Pursuant to Government Code section 54956.9(c), the City Council conferred with
its real property negotiator (City Manager) regarding the lease of property known as
Lots A and B of Tract 12933. The leasee's representative is Larry Hatfield.
3. Pursuant to Government Code section 54956.9, the City Council conferred with its
legal counsel concerning the case of Barden v. City of Sacramento.
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. Council Member David M.
Swerdlin gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David M. Swerdlin,
Mayor pro tem John S. Gelff, and Mayor Diane Bathgate.
COUNCIL MEMBERS ABSENT: None
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; Al King, Jr., Community Services Director; Lt. J.B.
Davis, Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - No action taken
City Council Minutes 1 11-5-02
INTRODUCTIONS, PRESENTATION AND DONATIONS
1. DEPUTY ROBERT TAFT RECOGNIZED FOR SAVING A CHILD'S LIFE (610.40)
Mayor Bathgate presented a Certificate of Commendation to Deputy Robert Taft in
recognition of his heroic actions in saving a child's life.
2. IISE BYRNES, JOE MANKAWICH, AND CHASE CHRISTOPHER OF
CHRISTOPHER CONSTRUCTION, RECOGNIZED FOR THEIR EFFORTS TO
OBTAIN DESIGNATION FOR THE JOEL CONGDON HOUSE ON THE NATIONAL
REGISTER OF HISTORIC PLACES (610.40)
Mayor Bathgate presented Certificates of Commendation to Ilse Byrnes, Parks,
Recreation and Equestrian Commissioner; Joe Mankawich, Associate Engineer;
and, Chase Christopher of Christopher Construction for their efforts in obtaining the
historic designation for the Joel Congdon house on the National Register of Historic
Places.
3. BOB AND DOROTHY LARSEN PRESENTED W ITH THE MAYOR'S COMMUNITY
PRIDE AWARD FOR THEIR RESTORATION OF THE PROVINCIAL BUILDING
(610.40)
Mayor Bathgate presented the Mayor's Community Pride Award to Bob and Dorothy
Larsen for the restoration of the Provincial Building.
4. LONG-TERM EMPLOYEE DOUGLAS DUMHART RECOGNIZED FOR 15 YEARS
OF SERVICE TO THE CITY (730.90)
Douglas Dumhart, Principal Management Analyst, was recognized for his 15 years
of service to the City by George Scarborough, City Manager. Mayor Bathgate
presented Dumhart with a Certificate of Recognition.
5. AWARD OF EXCELLENCE IN FINANCE REPORTING FOR FISCAL YEAR 2000-
2001 PRESENTED TO CYNTHIA RUSSELL, ADMINISTRATIVE SERVICES
DIRECTOR (610.40)
Mayor Bathgate presented the Certificate of Achievement for Excellence in
Financial Reporting from the Government Finance Officers Association of the
United States and Canada to Cynthia Russell, Administrative Services Director.
6. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Sheldon
Cohen, Planning Commission Chair; Morton Smith, Transportation Commission;
City Council Minutes 2 11-5-02
Angela Duzich-Rhode, Kathy Hooper, and lisa Byrnes, Parks Recreation &
Equestrian Commission; Joe Soto, WaterAdvisory Commission; Joann de Guevara,
Housing Advisory Committee; Dr. Byrnes, former Mayor; and Red, ASAP Volunteer.
ORAL COMMUNICATIONS:
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT
John Humphrys, City resident and owner of the Las Ramos House Cafe, withdrew his
request for extended evening restaurant hours and stated his appreciation for the cafe
business he owns.
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Gelff
and carried unanimously, 5-0 to approve items 1 through 17 as recommended by Staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF OCTOBER 1, 2002, APPROVED
AS SUBMITTED
3. 100% ($80) FACILITY RENTAL FEE WAIVED FOR THE ANNUAL SHOE
GIVEAWAY PROJECT TO BE HELD BYSTONEYBROOKE CHRISTIAN SCHOOL
ON FEBRUARY 7, 2003, AT EL CAMINO REAL PARK (390.30)
4. ONE-YEAR EXTENSION OF THE CABLE TELEVISION FRANCHISE
AGREEMENT APPROVED WITH COX COMMUNICATIONS, INC. (600.30)
5. RESOLUTION NO. 02-11-05-01 ADOPTED ENTITLED"A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING 7:00 A.M. TO 8:00 P.M. MONDAY THROUGH
SUNDAY" ON THE WEST SIDE OF CAMINO CAPISTRANO FROM OSO ROAD
TO CALLE CHUECA." (570.30)
6. AMENDMENT TO AGREEMENT WITH CAMPFIRE USA ORANGE COUNTY
COUNCIL APPROVED TO INCREASE THE DAILY PARTICIPATION FEE FROM
$1.00 PER DAY TO $2.00 PER DAY (600.30)
7. DEVELOPMENT IMPROVEMENT AGREEMENT WITH RW FORSUM
ENTERPRISES APPROVED TO ENSURE THE FUTURE CONSOLIDATION OF
THE JACK IN THE BOX AND TACO BELL DRIVEWAYS; AND, THE CITY
MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (600.30)
City Council Minutes 3 11-5-02
8. RESOLUTION NO. 02-11-05-02 ADOPTED ENTITLED "A RESOLUTION OF THE —
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING NO PARKING EXCEPT BY PERMIT, 3:00 A.M. TO 6:00 A.M. ON
THE EAST SIDE OF EL CAMINO REAL FROM LA ZANJA STREET TO EL
HORNO STREET." (570.70)
Written Communication Received:
Letters dated November 4, 2002, from Linda and Micheal Moyles, City residents,
requesting permit parking.
9. RESOLUTION NO. 02-11-05-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING ANYTIME" ON EL CAMINO REAL BETWEEN LA
ZANJA STREET AND EL HORNO STREET;" AND, INSTALLATION OF AN EDGE
LINE WITH RAISED PAVEMENT MARKERS APPROVED ALONG THE WEST
SIDE OF EL CAMINO REAL TO PROVIDE AN AREA SEPARATING VEHICLES
FROM PEDESTRIANS. (570.30)
10. AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION APPROVED FOR THE CITY TO ACT AS AGENT FOR
PAYMENT OF MITIGATION FEES TO THE NATURE CONSERVANCY; AND,
MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (600.50)
11. RESOLUTION NO. 02-11-05-04 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 STONE FIELD RENOVATION PROJECT (CONSOLIDATED
CONTRACTING SERVICES, INC.) (CIP NO. 470);" CHANGE ORDER 5
APPROVED IN THE AMOUNT OF $67,932.55; CITY CLERK DIRECTED TO
FORWARD THE NOTICE OF COMPLETION TO THE COUNTY; AND, STAFF
DI RECTED TO RELEASE THE PROJECT RETENTION OF $78,954 THI RTY-FIVE
DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION. (600.30)
12. CASH FUND BALANCES BY FUND - SEPTEMBER 30, 2002, RECEIVED AND
FILED (330.50)
13. REPORT OF INVESTMENTS, MONTH ENDING SEPTEMBER 30, 2002,
RECEIVED AND FILED (350.50)
14. WARRANTS DATED OCTOBER 3, 2002, IN THE AMOUNT OF $1,300,716.19,
AND OCTOBER 17, 2002, IN THE AMOUNT OF $1,593,937.12; AND, PAYROLL
WARRANTS DATED OCTOBER 10, 2002, IN THE AMOUNT OF $237,664.03,
RECEIVED AND FILED. (300.30)
City Council Minutes 4 11-5-02
15. LICENSE AGREEMENT APPROVED WITH INDER & SANJIV JAIN FOR
PLACEMENT OF IMPROVEMENTS WITHIN A STORM DRAIN PUBLIC
EASEMENT; MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT; AND,
CITY CLERK AUTHORIZED TO FORWARD THE LICENSE AGREEMENT TO THE
ORANGE COUNTY RECORDER FOR RECORDATION. (600.30)
16. MEMORANDUM OF UNDERSTANDING APPROVED FOR FUNDING THE
SERVICES OF KORVE ENGINEERING BETWEEN THE CITIES OF SAN JUAN
CAPISTRANO, DANA POINT AND SAN CLEMENTE;AND, MAYOR AUTHORIZED
TO SIGN THE MEMORANDUM OF UNDERSTANDING. (600.30)
17. PERSONAL SERVICES AGREEMENT APPROVED WITH KORVE ENGINEERING
FOR DOUBLE TRACKING ASSISTANCE; AND, $25,000 APPROPRIATED FROM
THE GENERAL FUND RESERVES TO FUND THE INITIAL PORTION OF THE
CITY'S SHARE OF THE ENGINEERING SERVICES TO ACCOUNT 01-62118-
4400, ENGINEERING AND BUILDING ADMINISTRATION. (600.30)
PUBLIC HEARINGS: None
RECESS AND RECONVENE
Council recessed at 7:28 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency, Capistrano Valley Water District, and the San Juan Capistrano
Sewer Maintenance District No. 1 meetings and reconvened at 7:30 p.m.
ADMINISTRATIVE ITEMS
H1. COMMUNITY SERVICES DIRECTOR
a. RENAMING THE MINI PARK TO VETERANS PARK APPROVED, CITY FUNDS
ALLOCATED TO ACQUIRE NEW PARK SIGNAGE; AND, DELETION OF THE
WORD "VETERANS" FROM THE DESCANSO VETERANS PARK NAME
APPROVED. (920.40)
Project Description: The City received a request from V.F.W. Commander Les Blair
to rename the downtown Mini Park to "Veterans Park." Staff recommends the name
change in addition to allocation of City funds to assist with acquiring new park
signage.
Written Communication: Report dated November 5, 2002, by Al King, Jr.,
Community Services Director
City Council Minutes 5 11-5-02
Presentation: Al King, Community Services Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Campbell, seconded by Council Member
Hart and carried unanimously, 5-0, to approve renaming of the Mini Park to
"Veterans Park;" City funds of $2,288.61 approved to assist with acquisition of new
park signage; and, deletion of the word "Veterans" from the Descanso Veterans
Park name approved.
H2. ADMINISTRATIVE SERVICES DIRECTOR
a. RESOLUTION NO. 02-11-05-05 ADOPTED ACCEPTI NG REAL PROPERTIES BY
QUITCLAIM DEED IN CONNECTION WITH THE ISSUANCE OF LEASE
REVENUE BONDS BY THE SAN JUAN BASIN BASIN AUTHORITY (TIRADOR
WELL SITE, CVWD WELL SITE #1, SJBA #2 AND #4 WELL SITES AND APN
668-101-03 CITY HALL SITE) (670.50)
Project Description: The Capistrano Valley Water district Board approved a
Service Contract with ECO Resources, Inc. to design, construct and operate Phase
I of the San Juan Basin Authority Ground Water Recovery Plan. The project
consists of a plant site, eight well sites, a pump station and pipelines located within
the City. Three of the well sites are held by the Capistrano Valley Water District and
the plant site is held by the San Juan Capistrano Municipal Sewer District No. 1.
Staff recommends transferring these properties to the City in connection with the
issuance of up to $32 Million of Lease Revenue Bonds by the San Juan Basin
Authority.
Written Communication: Report dated November 5, 2002, by Cynthia L. Russell,
Director of Administrative Services.
Presentation: Cynthia L. Russell, Director of Administrative Services, reviewed the
staff recommendation.
Council Comment: Director Swerdlin stated he would not support the project due
to the associated risks.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried 4-1 to adopt Resolution No. 02-11-05-05 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
AUTHORIZING THE ACCEPTANCE OF REAL PROPERTIES BY QUITCLAIM
DEED IN CONNECTION WITH THE ISSURANCE OF LEASE REVENUE BONDS
BY THE SAN JUAN BASIN AUTHORITY (TIRADOR WELL SITE, CVWD WELL
SITE #1, SJBA #2 AND #4 WELL SITES AND APN 668-202-03 CITY HALL SITE);"
AND, CITY MANAGER AUTHORIZED TO EXECUTE THE CERTIFICATE OF
ACCEPTANCE.
City Council Minutes 6 11-5-02
ROLL CALL
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
ORDINANCES:
Hart, Campbell, Mayor pro tem Gelff and
Mayor Bathgate
Swerdlin
None
1. ORDINANCE NO. 870 ADOPTED ADOPTING THE 2001 CALIFORNIA FIRE
CODE (540.30)
Project Description. First reading and introduction of an ordinance adopting the
2001 California Fire Code, the Uniform Code, 2002 Edition, including Appendices.
This is an opportunity to finalize the adoption of the ordinance.
Written Communication: Report dated November 5, 2002, from Meg Monahan,
City Clerk.
Presentation: Meg Monahan, City Clerk, read the title of the ordinance entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING THE 2001 CALIFORNIA FIRE CODE, THE UNIFORM FIRE CODE,
2000 EDITION INCLUDING APPENDICES."
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to adopt Ordinance No. 870 adopting the 2001
California Fire Code, the Uniform Code, 2002 Edition, including Appendices.
2. ORDINANCE NO. 871 ADOPTED ADOPTING THE 2001 CALIFORNIA BUILDING
STANDARDS CODES (TITLE 9, BUILDING REGULATIONS) (450.30)
Description: First reading and introduction of an ordinance adopting the 2001
California Building Standards Codes, amending Title 8, "Building Regulations," of
the Municipal Code.
Presentation: Meg Monahan, City Clerk, read the title of the ordinance entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTERS 1 AND 2 OF TITLE 8, "BUILDING REGULATIONS," OF
THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2001
CALIFORNIA BUILDING STANDARDS CODES INCORPORATING THE UNIFORM
BUILDING CODE, 1997 EDITION; NATIONAL ELECTRICAL CODE, 1999
City Council Minutes 7 11-5-02
EDITION; UNIFORM PLUMBING CODE, 2000 EDITION; UNIFORM MECHANICAL
CODE, 2000 EDITION; AND 2001 CALIFORNIA ENERGY CODE, WITH
APPENDICES, AS AMENDED."
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to adopt Ordinance No. 871 adopting the
2001 California Building Standards Codes, amending Title 8, `Building Regulations,"
of the Municipal Code.
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES: - None
COUNCIL COMMENTS: - None
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 7:35 p.m. to
a Regular meeting, Tuesday, November 19, 2002, 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,
■
T R. MONAHAN, CITY CLERK
Approved: December 3, 2002
I► -A119110615
City Council Minutes 8 11-5-02