02-1119_CC_Minutes_Regular MeetingMINUTES
November 19, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85) - 5:30 P.M.
A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code section 54956.8 the City Council conferred with its
real property negotiator (City Manager) concerning the potential exchange of land,
to wit Stone Field soccer field at the location of 31422 Camino Capistrano and a
portion of adjacent property owned by San Juan Capistrano Community
Redevelopment Agency with the Capistrano Unified School District. The District's
representative is its Facilities Manager.
2. Pursuant to Government Code section 54957, the City Council conducted an
evaluation of the performance of the City Manager.
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 7:00 p.m. in the City Council Chamber. Council Member
Swerdlin led the Pledge of Allegiance to the Flag. Father Keith Yamamoto, St. Margaret
of Scotland Episcopal Church, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: David M. Swerdlin, Mayor pro tem John S. Gelff and
Mayor Diane Bathgate.
COUNCIL MEMBERS ABSENT: Wyatt Hart and Collene Campbell
STAFF PRESENT: George Scarborough, 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; Dawn Schanded,
Deputy City Clerk; and, Eric Bauman, Senior Engineer.
ANNOUNCEMENT OF CLOSED SESSION - No action reported.
City Council Minutes 1 11-19-02
INTRODUCTIONS, PRESENTATION AND DONATIONS
PRESENTATION OF MAYOR'S AWARD - EDUCATOR OF THE YEAR TO
VANESSA MARTIN, SAN JUAN ELEMENTARY SCHOOL (610.40)
Mayor Bathgate presented the Mayor's Award of the 2002 Educator of the Year to
Vanessa Martin, first grade teacher at San Juan Elementary, for her major
contributions to the community.
2. PRESENTATION OF MAYOR'S AWARD - YOUTH OF THE YEAR TO CHRISTINE
HASIRCOGLU (610.40)
Mayor Bathgate presented the Mayor's Award for 2002 Youth of the Year to
Christine Hasircoglu, a senior at Dana Hills High School, for her major contributions
to the community.
3. PRESENTATION OF MAYOR'S AWARD -BUSINESS LEADER OF THE YEAR TO
TOM BOGDANSKI (610.40)
Mayor Bathgate presented the Mayor's Award for 2002 Business Leader of the Year
to Tom Bogdanski, owner of Sarducci's Capistrano Depot.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Sheldon Cohen
and Bob Cardoza, Planning Commission; Kathy Hooper, Parks, Recreation &
Equestrian Commission; Jan Siegel and Don Tryon, Cultural Heritage Commission;
Howard Langhans, Marie Buckner and Joann de Guevara, Housing Advisory
Committee; Joe Soto, Council Member Elect and Water Advisory Comission; and,
Pat Bathgate, mother of Mayor Bathgate.
ORAL COMMUNICATIONS:
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT):
Honorable H. Warren Siegel, Superior Court Judge, encouraged the public to apply for the
2003-2004 Orange County Grand Jury.
Ira Zimmerman, City resident, made a suggestion for signage for a "No Parking" area on
his cul-de-sac. Mayor Bathgate asked that he meet with the Director of Police Services
and the Director of Engineering and Building to discuss possible alternatives.
Richard M. Stowe, City resident, congratulated recently elected council members and
suggested that the Dance Hall Building be moved to the Los Rios District.
City Council Minutes 2 11-19-02
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Gelff
and carried unanimously, 3-0, to approve items 1 through 3 and 5 through 8 as
recommended by Staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF OCTOBER 15, 2002, APPROVED
AS SUBMITTED.
3. CONTRACT AWARDED TO EXCEL PAVING COMPANY, THE LOWEST
RESPONSIBLE BIDDER, FOR THE CAMINO CAPISTRANO SLOPE REPAIR
PROJECT IN THE AMOUNT OF $274,078; ALL OTHER BIDS REJECTED; AND,
THE MAYOR AUTHORIZED TO EXECUTE THE CONTRACT. (600.30)
4. WARRANTS DATED OCTOBER 31, 2002, IN THE AMOUNT OF $1,906,833.06;
AND, PAYROLL WARRANTS DATED OCTOBER 24, 2002, IN THE AMOUNT OF
$236,702.58, RECEIVED AND FILED. (300.30)
This item was removed from the Consent Calendar to allow Mayor Bathgate to
abstain from voting:
ROLL CALL
AYES:
COUNCIL MEMBERS:
Swerdlin and Mayor pro tem Gelff
NOES:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
Mayor Bathgate
ABSENT:
COUNCIL MEMBERS:
Hart and Campbell
5. RESOLUTION NO. 02-11-19-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE DECLARATION, COVENANTS, CONDITIONS AND
RESTRICTIONS FOR CONSERVATION PURPOSES OVER THE ARROYO
TRABUCO AREA;" AND, THE CITY CLERK AUTHORIZED TO RECORD THE
DECLARATION WITH THE COUNTY. (530.25)
6. PURCHASE OF TWO (2) LARGE FORMAT PLOTTERS INCLUDING THREE
YEAR WARRANTY SERVICE APPROVED FROM TECHNICAL MAINTENANCE
SUPPORT, INC. (TMS, INC.) IN THE AMOUNT OF $21,891.00. (370.30)
City Council Minutes 3 11-19-02
7. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED.
(440.10)
8. CLAIM OF PAULINE HOLMES DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN
& COMPANY. (170.70)
PUBLIC HEARINGS: None
RECESS AND RECONVENE
Council recessed at 7:29 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened at
7:31 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. AMENDMENTS APPROVED TO THE JOINT POWERS AGREEMENTS RELATED
TO CONSOLIDATION OF THE SAN JOAQUIN HILLS AND FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCIES (500.50)
Project Description: The Foothill Eastern Corridor has consistently exceeded its
revenue projections running at 107% above revenue projections. The San Joaquin
Hills Corridor has not met it's revenue projections and is at 77% of its revenue
projections. One of the agencies that rates the Transportation Corridor Agencies
bonds had downgraded the San Joaquin Hills Corridor bonds to a non -investment
rating. Following the bond downgrade the San Joaquin Hills Board hired two
independent financial consultants to assistthe board staff to independently evaluate
all financial options available to the agency to establish better long term financial
stability and the final conclusion was to consolidate the two agencies. Staff
recommends approval of the proposed amendments to the existing joint powers
agreements, authorizing consolidation of the San Joaquin Hills Transportation
Corridor and the Foothill/Eastern Transportation Agency, forming a new joint powers
authority. Adoption of the proposed amendments does not create the consolidated
agency, but does establish the legal framework for creation of a new, consolidated
agency. The consolidated agency would form, if the San Juan Hills Transportation
Corridor Agency and the FoothilllEastern Transportation Corridor Agency boards
vote to proceed with consolidation next year.
Written Communication: Report dated November 19, 2002, by Julia Silva, Assistant -
City Manager.
City Council Minutes 4 11-19-02
Presentation: George Scarborough, City Manager, reviewed the staff
recommendation.
Council Comment:
Mayor pro tem Gelff did not agree with concept of joining a fiscally sound agency
with an agency that is fiscally troubled.
Mayor Bathgate supported the recommendation because it would allow for future
opportunitiesto refinance and maintain control overthe San Joaquin Hills Toll Road.
Council Member Swerdlin supported the consolidation, as the move would positively
impact the local economy.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor Bathgate
and carried, 2-1, to approve the Amendment to the existing Joint Powers Agreement
authorizing consolidation of the San Joaquin Hills Transportation Corridor Agency
and the Foothill/Eastern Transportation Corridor Agency into a new Joint Powers
Authority.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Swerdlin and Mayor Bathgate
Mayor pro tem Gelff
None
Hart and Campbell
b. RESOLUTION NO. 02-11-19-02 ADOPTED REQUESTING USE OF DIPLOMATIC
MEANS TO PERSUADE MEXICO TO REVERSE ITS EXTRADITION POLICY
RELATED TO THOSE ACCUSED OF SERIOUS CRIMES IN THE UNITED
STATES (660.50)
Project Description: Mexico has become a safehaven for individuals who commit
crimes in the United States and then flee across the border. In response, the
League of California Cities Public Safety Committee met on August 16, 2002,
unanimously approving a resolution submitted by the Cities of Rosemead and South
EI Monte that supported and called upon the President and Congress to use all
diplomatic means available to persuade Mexico to reverse its current extradition
policy toward those accused of crimes that may carry a life in prison or death
sentence penalty in the United States. The objective of the proposed resolution is
City Council Minutes 5 11-19-02
to restore order and justice to an unfair extradition relationship between Mexico and
the United States.
Written Communication: Report dated November 19, 2002, by Julia Silva, Assistant
City Manager.
Presentation: George Scarborough, City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Gelff and carried unanimously, 3-0, to adopt Resolution No. 02-11-19-02 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUPPORTING AND COMMENDING THE
CALIFORNIA STATE LEGISLATURE, THE CALIFORNIA CITIES ASSOCIATION
AND THE NATIONAL LEAGUE OF CITIES CALLING UPON THE PRESIDENT
AND CONGRESS TO USE ALL DIPLOMATIC MEANS AVAILABLE TO
PERSUADE MEXICO TO REVERSE ITS CURRENT EXTRADITION POLICY
TOWARD THOSE ACCUSED OF CRIMES THAT MAY CARRYA LIFE IN PRISON
OR DEATH SENTENCE PENALTY IN THE UNITED STATES."
C. RESOLUTION NO. 02-11-19-03 ADOPTED AMENDING THE CLASSIFICATION
AND COMPENSATION PLAN TO CREATE THE POSITIONS OF WATER
ENGINEERING MANAGER AND WATER OPERATIONS MANAGER (700.20)
Project Description: Due to the vacancy in the position of Water Services Manager,
the City Manager directed the Public Works Director to review the organizational
structure of the water division with the intent to better reallocate the existing
resources. A revised organizational structure was developed and the resulting
recommendation is to upgrade and enhance the existing position of Senior Engineer
to Water Engineering Manager and create the new position of Water Operations
Manager.
Written Communication: Report and Supplemental Report dated November 19,
2002, by Julia Silva, Assistant City Manager.
Presentation:, George Scarborough, City Manager, reviewed the staff
recommendation.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member
Swerdlin and carried unanimously, 3-0, to adopt Resolution No. 02-11-19-03
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 PERSONNEL CLASSIFICATION AND COMPENSATION PLAN" TO
CREATE THE POSITIONS OF WATER ENGINEERING MANAGER AND WATER
OPERATIONS MANAGER."
City Council Minutes 6 11-19-02
d. REVISED REGULAR MEETING SCHEDULE APPROVED, CANCELING THE
REGULAR MEETING OF THE CITY COUNCIL SCHEDULED FOR DECEMBER 17,
2002 (610.15)
Project Description: The adopted regular meeting scheduled for the City Council
includes meetings on the first and third Tuesdays of each month. Staff reviewed the
anticipated workloads for Decemberand recommends canceling the regular meeting
of December 17, 2002.
Written Communication: Report and Supplemental Report dated November 19,
2002, by Meg Monahan, City Clerk.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Gelff and carried unanimously, 3-0, to approve the Revised Regular Meeting
Schedule by canceling the Regular Meeting of the City Council scheduled for
December 17, 2002.
H2. ENGINEERING AND BUILDING DIRECTOR
a. AGGRESSIVE CAMPAIGN APPROVED FOR THE IMPLEMENTATION OF THE
STRATEGIC TRANSPORTATION PLAN 1590.60)
- Project Description: At the meeting of October 15, 2002, the City Council approved
the Strategic Transportation Plan. As part of the adopted recommendations, staff
was directed to return to the Council with an aggressive campaign for
implementation of the Strategic Transportation Plan. Staff recommends approving
the Aggressive Campaign for Implementation of the Strategic Transportation Plan.
Written Communication: Report dated November 19, 2002, by William M. Huber,
Director of Engineering and Building.
Presentation:, William M. Huber, Directorof Engineering and Building, reviewed the
staff recommendation.
Council Comment:
Mayor pro tem Gelff supported the motion although he had concerns regarding the
La Pata extension.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member
Swerdlin and carried unanimously, 3-0, to approve the Aggressive Campaign for
Implementation of the Strategic Transportation Plan.
City Council Minutes 7 11-19-02
H3. POLICE SERVICES
a. FIRSTAMENDMENTTOTHE PERSONAL SERVICES AGREEMENT APPROVED
WITH REDFLEX TRAFFIC SYSTEMS, INC. (FORMERLY KNOWN AS TRAFFIC
SAFETY SYSTEMS, INC.) FOR AN AMENDED MONTHLY FEE OF $9,000
(600.30)
Project Description: On October 19, 1999, the City of San Juan Capistrano entered
into a contract with Traffic Safety Systems, Inc. to provide for photographic
enforcement of red light violations at various intersections within the City. Terms of
this agreement included payment for services based on a portion of each violation
fine being paid to the contractor. In November 2001, RedFlex Traffic Systems
purchased Traffic Safety Systems and continues to provide service per contract.
Staff recommends amending the contract to pay the contractor a flat monthly fee
of $9,000. A flat monthly fee would dispel concerns that the City rewards the
contractor for violations.
Written Communication: Report dated November 19, 2002, by Lieutenant J.B.
Davis, Chief of Police Services.
Presentation: Lieutenant J.B. Davis, Chief of Police Services, reviewed the staff
recommendation.
Council Comment: Council Member Swerdlin supported the amendment and
requested a report to Council regarding the financial status for the period covering
January through June, 2003.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Gelff and carried unanimously, 3-0, to approvethe First Amendment to the Personal
Services Agreement with Red Flex Traffic Systems, Inc. (formerly known as Traffic
Safety Systems, Inc.), for an amended fee of $9,000 monthly; and, staff to report to
Council regarding January through June, 2003 financial status.
Motion to add urgency item for discussion due to time constraints in placing item on
agenda. Moved by Council Member Swerdlin, seconded by Mayor pro tem Gelff and
carried unanimously, 3-0, to add the following item: Consideration of relocating a historically
significant SDG&E caretaker residence, slated for demolition, to City Property, in an effort
to save the building.
Moved by Mayor Bathgate, seconded by Mayor pro tem Gelff and carried unanimously, 3-0,
to direct staff to evaluate alternative locations and move the SDG&E caretaker residence
to the most appropriate location.
ORDINANCES: None
City Council Minutes 8 11-19-02
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Orange County Vector Control District (560.50): Vector of the Month: Tree -Hole
Mosquito.
COUNCIL COMMENTS:
Mayor pro tem Gelff provided an update on the City's approach to double tracking,
including discussions with Caltrans officials and the Governor's office; contracting for
consulting services with Korve; and, sharing of costs for consulting services with Cities of
Dana Point and San Clemente.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8:14 p.m. to a
Regular meeting, Tuesday, December 3, 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,
RET R. MONAHAN, CITY CLERK
: January 7, 2003
ATTEST:
City Council Minutes 9 11-19-02