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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