03-0506_CC_Minutes_Regular MeetingMINUTES
May 6, 2003
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION {610.851- 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, the City Council conferred with its
legal counsel regarding Concorde Development v. City of San Juan Capistrano.
2. Pursuant to Government Code section 54956.9(b)(1), the City Council conferred
with its legal counsel regarding one matter.
3. Pursuant to Government Code section 54956.9, the City Council conferred with its
legal council regarding the status of the Native American Sacred Site v. City of San
Juan Capistrano.
4. Pursuant to Government Code section 54957.6, the City Council conferred with its
labor negotiator (City Manager) regarding labor negotiations with the San Juan
Capistrano Employees Association and Management Employees Association.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Gelff 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
Wyatt Hart led the Pledge of Allegiance to the Flag. Mayor Gelff shared a quotation from
George Washington; and, Council Member Swerdlin gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, David M. Swerdlin, Mayor
pro tem Joe Soto, and Mayor John S. Gelff.
COUNCIL MEMBERS ABSENT: None
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; Amy
Amirani, Public Works Director; Lt. J.B. Davis, Chief of Police Services; and, Dawn
Schanderl, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - None
City Council Minutes 1 5-6-03
INTRODUCTIONS PRESENTATION AND DONATIONS
1. DAVID BELARDES, KEN FRIESS, AND MONSIGNOR PAUL MARTIN
RECOGNIZED AS THE 2003 HONOREES FOR THE WALL OF RECOGNITION
(610.40)
At the April 15, 2003 meeting the City Council confirmed three nominees for the
Wall of Recognition. Mayor Gelff, Mayor pro tem Soto, and Council Member Hart
recognized David Belardes, Ken Friess, and Monsignor Paul Martin as this years
2003 honorees.
2. JONATHAN VOLZKE, PRESIDENT OF THE SAN JUAN COMMUNITY TASK
FORCE, AND TONY BROWN, PRESENTED WITH A CERTIFICATE OF
APPRECIATION FOR SERVICES PROVIDED BY THE TASK FORCE TO THE
CITIZENS OF SAN JUAN CAPISTRANO. (610.40)
The San Juan Community Task Force, formed in 1986, is a coalition of citizens and
representatives of local agencies, businesses, churches, schools, and service
organizations who are united in a common effort to support the community's young
people and their families. Mayor Gelff presented Jonathan Volzke, President of the
Task Force, and Tony Brown a Certificate of Appreciation for services provided to
the community by the task force.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10):
Mayor pro tem Soto introduced the following persons in attendance: Howard
Langhans, Joann de Guevara, and Marie Buckner, Housing Advisory Committee;
Gene Ratcliffe, Planning Commission; and, Tony Soto, Water Advisory
Commission.
ORAL COMMUNICATIONS:
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY):
Denise Miner, City resident, thanked the Council for their support of the Farmers' Market
and announced that the first Farmer's Market would be held on May 7, 2003 from 3:00 to
7:00 p.m.
Vanessa Martin, San Juan Elementary School Teacher, expressed concern related to
potential segregation of area Latino students and increased traffic on EI Camino Real
associated with the proposed change to make San Juan Elementary School a kindergarten
through 8th grade school.
City Council Minutes 2 5-6-03
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart
and carried unanimously, 5-0, to approve items 1 through 4, 6, 9, and 13 as recommended
by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF APRIL 1, 2003, APPROVED AS
SUBMITTED.
3. YEAR 2003 FLEXIBLE BENEFITS PLAN WITH REVISED SCHEDULE A
ADOPTED. (720.40)
4. FINAL PARCEL MAP 2000-215 APPROVED, CITY ENGINEER AND CITY CLERK
AUTHORIZED TO EXECUTE THE FINAL PARCEL MAP AND CITY CLERK
DIRECTED TO PROCESS RECORDING OF MAP (BECK) (420.70)
5. WARRANTS DATED APRIL 3, 2003, IN THE AMOUNT OF $761,764.15 AND
DATED APRIL 17, 2003, IN THE AMOUNT OF $1,475.980.94; AND, PAYROLL
WARRANTS DATED APRIL 10, 2003, IN THE AMOUNT OF $237,792.87,
RECEIVED AND FILED. (300.30)
This item was removed from the Consent Calendar to allow Council Member
Bathgate to abstain from voting:
ROLL CALL
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Hart, Swerdlin, Soto and Mayor Gelff
None
Bathgate
6. REPORT OF INVESTMENTS, MONTH ENDING MARCH 31, 2003, RECEIVED
AND FILED. (350.50)
7. CONSIDERATION OF AGREEMENT WITH TRUGREEN LAN DCARE FOR BALL
FIELD MAINTENANCE WAS REMOVED FROM THE AGENDA (600.30)
Description: On March 13, 2003, the Public Works Department issued a Request
for Proposal to six infield maintenance companies. The City received three
proposals. Staff reviewed the proposals, verified references and recommends
awarding a three-year contract to TruGreen Landcare, the lowest bidder, in the
amount of $86,967.
City Council Minutes 3 5-6-03
Written Communication: Report dated May 6, 2003, by Amy Amirani, Public Works
Director.
Public Comment:
Amy Amirani, Public Works Director, stated the bid received was $5,000 lower than
the present contract with the trend in pricing dependent on demand and the
economy.
Council Comment:
Council Member Swerdlin expressed concern because the recommended bid was
significantly less than previous years' contract, creating potential performance
problems. He asked Staff to reconsider and review the bids.
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate and carried unanimously. 5-0, to removed the item from the agenda.
8. CONSIDERATION OF AGREEMENT WITH COME LAND MAINTENANCE
COMPANY, INC., FOR CUSTODIAL MAINTENANCE SERVICES WAS REMOVED
FROM THE AGENDA (600.30)
Project: On February 18, 2003, the Public Works Department issued a Request for
Proposal to 16 custodial maintenance providers. The City received five proposals.
Staff reviewed the proposals, verified references and recommends awarding the
contract to Come Land Maintenance, the lowest bidder, in the amount of $173,682.
Written Communication: Report dated May 6, 2003, by Amy Amirani, Public Works
Director.
Letter dated May 2, 2003, received from Ira Angustain, Empire Maintenance Co.,
contesting custodial maintenance services award of bid.
Council Comments:
Council Member Swerdlin was concerned that the recommended bid was too low,
creating potential performance problems. He asked Staff to reconsider and review
the bids.
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate and carried unanimously, 5-0, to removed item from the agenda.
City Council Minutes 4 5-6-03
9. CASH FUND BALANCES BY FUND - MARCH 31, 2003, RECEIVED AND FILED.
(330.50)
10. PERSONAL SERVICES AGREEMENT APPROVED WITH BOTACO, INC., FOR
LANDSCAPE MAINTENANCE SERVICES FOR A THREE-YEAR PERIOD
COMMENCING JULY 1, 2003, AND ENDING JUNE 30, 2006, IN THE AMOUNT
OF $829,137.60. (600.30)
Mayor pro tem Soto to abstained from this item due to a potential conflict of interest.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin and Mayor Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Mayor pro tem Soto
11. FEE REDUCTION APPROVED FOR FACILITY RENTAL BY SOUTH ORANGE
COUNTY COMMUNITY THEATRE SUMMER SHAKESPEARE BY THE SEA
PRODUCTION AT THE HISTORIC TOWN CENTER PARK. (390.30)
Mayor pro tem Soto encouraged nonprofit organizations to look to community
businesses to underwrite facility fees. He was concerned that anticipated budget
constraints may reduce the City's ability to provide fee waivers.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve a 97.5% ($1,200) facility rental
fee reduction for the South Orange County Community Theatre summer
Shakespeare by the Sea production, to be held during July 2003 at the Historic
Town Center Park.
12, FEE REDUCTION APPROVED FOR FACILITY RENTAL FOR MISSION
HOSPITAL REGIONAL MEDICAL CENTER'S DIABETES OUTREACH PROGRAM
FOR COMMUNITY DIABETES PREVENTION PROGRAM TO BE HELD FIVE
CONSECUTIVE WEEKS, BEGINNING MAY 7, 2003, AT THE LACOUAGUE
BUILDING OF THE OLD FIRE STATION RECREATION COMPLEX. (390.30)
Mayor pro tem Soto stated as the City goes through the budget review process
these type of fee waivers may no longer be possible. He encouraged nonprofit
organizations request local businesses to underwrite facility rental fees.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Swerdlin and carried unanimously, 5-0, fee reduction of 93.25% ($420) approved
for facility rental for Mission Hospital Regional Medical Center's Diabetes Outreach
City Council Minutes 5 5-6-03
Program for a community Diabetes Prevention Program to be held five consecutive
weeks, beginning May 7, 2003, at the Lacouague Building of the Old Fire Station
Recreation Complex.
13. AMENDED AND RESTATED AGREEMENT APPROVED REGARDING
ADDITIONAL RETIREMENT BENEFITS ACCOUNT BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND THE ORANGE COUNTY EMPLOYEES RETIREMENT
SYSTEM (OCERS) TO CREATE THE CITY'S RMBR ACCOUNT, USED TO
PROVIDE A SUPPLEMENTAL RETIREMENT AMOUNT TO THE CITY'S
RETIREES (ARBA) (600.50)
PUBLIC HEARINGS:
1. ORDINANCE INTRODUCED PROVIDING MODIFICATIONS TO TITLE 9,
SECTION 9-3.501(C) FOR COMPLIANCE WITH ASSEMBLY BILL 1866 (SECOND
DWELLING UNITS). (420.30)
Project Description: The State Legislature passed Assembly Bill 1866 to modified
the provisions that could be imposed by local government in regard to development
of secondary dwelling units. Assembly Bill 1866 becomes effective on July 1, 2003.
The bill preempts local zoning regulations that require discretionary approval of
secondary dwelling units. The establishment of such a use as a ministerial action
and all other provisions regarding control and design of secondary dwelling units will
remain in place. Staff recommends approving the introduction of the Ordinance.
Written Communications: Report dated May 5, 2003, from Thomas Tomlinson,
Director of Planning.
Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff
recommendation.
Mayor Gelff opened the public hearing and there being no response, closed the
public hearing.
Council Comments:
Mayor pro tem Soto ascertained that the State can not override private CC&R's
agreements related to development of second dwelling units.
Council Member Bathgate requested that the Planning Commission review our
current development requirements, with the possibility of secondary dwelling units
in mind.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING TITLE 9,
City Council Minutes 6 5-6-03
CHAPTER 3, ARTICLE 5, SECTION 9-3.501(C) OF THE MUNICIPAL CODE,
ENTITLED "SECONDARY DWELLING UNITS"
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Bathgate and carried unanimously, 5-0, to approve introduction and first reading of
the Ordinance regarding Amendment to Title 9 of the Municipal code entitled
"Secondary Dwelling Units."
RECESS AND RECONVENE
Council recessed at 7:42 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:43 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING & BUILDING DIRECTOR
a. CONSIDERATION OF RESCINDING QUITCLAIM DEED OF EASEMENT FOR
STREET AND HIGHWAY PURPOSES FOR LOS RIOS STREET AND
APPROVING CORRECTED QUITCLAIM DEED TO CORRECT ADMINISTRATIVE
REMOVED FROM AGENDA PER REQUEST OF THE CITY ATTORNEY (ITO)
(670.50) (CONTINUED FROM THE APRIL 15, 2003 MEETING)
The City Attorney announced that the applicant had requested delay of Council's
consideration of this item. He asked that the item be removed from the Council's
calendar to allow time to explore options with the applicant.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to removed item from the agency to allow for
further discussion with applicant.
G2. CITY MANAGER
a. PAYMENT OF $25,000, IN ADVANCE, TO THE SAN JUAN CAPISTRANO
CHAMBER OF COMMERCE FOR CARRYING OUT VISITOR SERVICES DURING
FISCAL YEAR 2003-2004 APPROVED (600.30)
Project Description: The Chamber of Commerce requested a $25,000 loan from the
City to assist with a gap in its cash flow and operations funding. After meeting with
City officials the Chamber has evaluated its financial situation and has made
changes to its operations. Staff recommends approving $25,000 for visitors
services for Fiscal Year 2003-2004.
Written Communication: Report dated May 6, 2003 by Mechelle Lawrence,
Economic Development Manager.
City Council Minutes 7 5-6-03
Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the
staff recommendation.
Council Comment:
Council Member Swerdlin thanked the Chamber for taking a hard look at its
operations and felt the changes would make the organization much stronger.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to approve payment of $25,000 to the San Juan
Capistrano Chamber of Commerce for carrying out visitor services during Fiscal
Year 2003-2004; and, the City Manager authorized to sign the Visitor Services
Agreement and execute the payment.
ORDINANCES: None
COUNCILMANIC ITEMS
MAYOR GELFF SELECTED AS VOTING DELEGATE AND COUNCIL MEMBER
HART SELECTED AS ALTERNATE VOTING DELEGATE FOR THE LEAGUE OF
CALIFORNIA CITIES SPECIAL MEETING OF MAY 15, 2003 (140.20)
Description: The League of California Cities Board of Directors has called a Special
Meeting of the General Assembly of the League on Thursday, May 15, 2003. The
Special meeting is to consider proposals prepared by the Board of Directors
concerning the state budget and state -local fiscal reform. Each City Council is
asked to designate a voting representative and an alternate who will represent the
City at that meeting.
Written Communication: Report dated May 6, 2003, from Meg Monahan, City Clerk.
Presentation: George Scarborough, City Manager, made a brief presentation.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Bathgate and approved Unanimously, 5-0, to select Mayor Gelff as voting delegate;
and moved by Mayor Gelff and seconded by Mayor pro tem Soto and approved
unanimously, 5-0, to select Council Member Hart as alternate voting delegate for
the League of California Cities special Meeting of May 15, 2003, at 1:00 p.m.; and,
the City Clerk authorized to communicate the selections to the league.
2. Oral Reports of Outside Agencies: None
City Council Minutes 8 5-6-03
3. Council Reports - Other Committees
Council Member Bathgate Reported that the Downtown Blue Ribbon Visioning
Committee held a second meeting that included good attendance from the public.
A third meeting would be held in June.
Mayor pro tern Soto: Encouraged more public participate in Downtown Blue Ribbon
Committee meetings,
Mayor Gelff: Reported that the Council Subcommittee concerned with traffic issues
had met with a subcommittee of Mission Viejo council Members to discuss related
traffic issues and request expansion of issues to be discussed.
COUNCIL COMMENTS: - None
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 7:50 p.m. to an
Adjourned Regular meeting, Monday May 19, 2003, at 6:00 p.m. for a Public Business
Session in the City Council Chamber.
Respectfully submitted,
M R ARET R. MONAHAN, CITY CLERK
Approved: June 3, 2003
City Council Minutes 9 5-6-03
NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, at its Regular meeting of May 6, 2003, adjourned said meeting to Monday,
May 19, 2003 at 6:00 p.m. for the public Business Session, in the City Council
Chamber, 32400 Paseo Adelanto, San Juan Capistrano.
DATED: May 6, 2003
ar aret R. Monahan, City Clerk
-- STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City Council
chamber on May 6, 2003 within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
(11
rgAret R. Monahan, City Clerk