03-0701_CC_Minutes_Regular MeetingMINUTES
July 1, 2003
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 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.
2. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of Kuo, et al. v. City of San Juan
Capistrano, et al.
3. Pursuant to Government Code section 54957, the City Council considered
employment determinations regarding the position of City Manager.
4. Pursuant to Government Code section 54956.9, the City Council conferred with
-- its legal counsel regarding the status of Native American Indians, et al. v. City of
San Juan Capistrano, et al.
5. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding status of Whispering Hills, LLC. v. City of San Juan
Capistrano, Case Number 03CC03713.
6. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of Rozbicka v. City of San Juan Capistrano.
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 7:09 p.m, in the City Council Chamber. Council
Member Wyatt Hart led the Pledge of Allegiance to the Flag 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
07-01-2003
STAFF PRESENT: George Scarborough, City Manager; John Shaw, City Attorney; Meg _
Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director; William
Ramsey, Principal Planner; William M. Huber, Engineering and Building Director; Amy
Amirani, Public Works 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 - John Shaw, City Attorney, reported that
in Closed Session, the City Council approved a settlement agreement, 4-0-1 (Bathgate:
abstaining) related to Juo, et al. v. City of San Juan Capistrano, et al. All plaintiffs have
signed the agreement and the agreement will be available to the public tomorrow.
INTRODUCTIONS, PRESENTATION AND DONATIONS
PROCLAMATION DESIGNATING THE MONTH OF JULY 2003 AS "PARKS
AND RECREATION APPRECIATION MONTH." (610.40)
Mayor Gelff and Al King, Jr., Community Services Director, presented a
proclamation to Jill Hanna, Vice -Chairperson of the Parks, Recreation &
Equestrian Commission, proclaiming July 2003 as Parks and Recreation
Appreciation Month in the City of San Juan Capistrano.
2. LONG-TERM EMPLOYEES BARBARA SUTHERLAND AND NEIL BRAND
RECOGNIZED (730.90)
Barbara Sutherland, Accountant, was recognized for her 30 years of service to
the City by Cynthia Russell, Administrative Services Director; and, Neil Brand,
Water Technician II - Production, was recognized for his 20 years of service to
the City by Amy Amirani, Public Works Director. Mayor Gelff presented
Sutherland and Brand with Certificates of Recognition.
3. FIREFIGHTERS AND PARAMEDICS OF ORANGE COUNTY FIRE
AUTHORITY'S STATION #7 RECOGNIZED. (610.40)
Mayor Gelff recognized and presented a Certificate of Appreciation to the
firefighters and paramedics of the Orange County Fire Authority's Station #7 for
their selfless dedication to the community.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Soto introduced the following persons in attendance: Gene
Ratcliffe, Planning Commission; Marie Buckner and Joann de Guevara, Housing
Advisory Committee; Ilse Byrnes, Park, Recreation and Equestrian Commission,
and Les Blair, Council Liaison to the San Juan Seniors. Council Member
Bathgate recognized Linda Cooley, the Mayor's fiancee.
07-01-2003
ORAL COMMUNICATIONS: (CITY COUNCIL/COMMUNITY REDEVELOPMENT
AGENCY):
Ilse Byrnes, City resident, requested that the City repair a portion of the trail system, in
the proximity of Saddleback School, that was recently damaged. William Huber,
Engineering & Building Director, reported that staff had investigated the damage and
was working toward a solution to repair the trail, recognizing that the City does not have
control of the trail easement. George Scarborough, City Manager, suggested that the
City offer assistance to the land owner.
Denise Miner, City resident, offered financial and work force assistance to the City
toward development of the Sesar Property into a park.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve items 1 through 9, 11 and 12 as
recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF JUNE 3, 2003, APPROVED AS
SUBMITTED.
3. WARRANTS DATED JUNE 12, 2003, IN THE AMOUNT OF $892,263.16; AND,
PAYROLL WARRANTS DATED JUNE 5, 2003, IN THE AMOUNT OF
$254,587.21, RECEIVED AND FILED. (300.30)
4. REPORT OF INVESTMENTS, MONTH ENDING MAY 31, 2003, RECEIVED
AND FILED. (350.50)
5. PLANS AND SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS
APPROVED FOR THE DOWNTOWN LIGHTING PHASE IV PROJECT.
(600.30)
6. PURCHASE OF ELECTRONIC DOCUMENT IMAGING EQUIPMENT,
SOFTWARE AND SERVICES APPROVED FROM HERSHEY
TECHNOLOGIES, IN THE AMOUNT OF $24,182.34. (370.30)
7. 2003-2004 SOUTH ORANGE COUNTY WATER AUTHORITY (SOCWA)
BUDGET APPROVED; AND, THE CITY'S SHARE OF $2,403,160 APPROVED
TO BE ALLOCATED TO THE VARIOUS SOCWA ACCOUNTS AND FUNDED
FROM THE SEWER ENTERPRISE REVENUES. (330.50)
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8. PERSONAL SERVICES AGREEMENT APPROVED WITH PEPPERDINE
UNIVERSITY TO PROVIDE CONSULTING SERVICES AND GANG
PREVENTION PROGRAMS TO THE CITY FOR THE PERIOD OF JULY 1, 2003
THROUGH JUNE 30, 2003, IN THE AMOUNT OF $48,880. (600.30)
9. RENEWAL OF AGREEMENT APPROVED WITH ALL CITY MANAGEMENT
FOR SCHOOL CROSSING GUARD SERVICES FOR FIVE CROSSING
GUARDS FROM JULY 1, 2003 THROUGH JUNE 30, 2004, IN THE AMOUNT
OF $43,364. (600.30)
10. PERSONAL SERVICES AGREEMENT WITH SECURTEC DISTRICT PATROL
TO PROVIDE SUPPLEMENTAL PARKING ENFORCEMENT OF AN
OVERNIGHT PARKING PERMIT PROGRAM AT THE CAPISTRANO VILLAS
APPROVED (600.30)
Mayor pro tem Soto and Council Member Swerdlin requested the contractor
recruit and hire bilingual staff to assist with patrolling the site.
Moved by Mayor pro tem Soto, seconded by Council Member Swerdlin and
carried unanimously to approve the Personal Services Agreement with Securtec
District Patrol to provide supplemental parking enforcement of an overnight
parking permit program at the Capistrano Villas, for the period of July 1, 2003
through Jun 30, 2004, in an amount not to exceed $22,800, and to include
printing costs for city citations, not to exceed $4,500.
11. RENEWAL OF AGREEMENT WITH TRAUMA INTERVENTION PROGRAM,
INC., APPROVED FOR VOLUNTEER CRISIS INTERVENTION RESPONSE TO
CRITICAL AND TRAUMATIC INCIDENTS. (600.30)
12. AMENDMENT TO LICENSE AGREEMENT APPROVED WITH REVOLUTION
ROLLER HOCKEY FOR CONSTRUCTION, OPERATION AND MAINTENANCE
OF ROLLER HOCKEY COURTS AND PROGRAMS. (600.30)
PUBLIC HEARINGS:
1. RESOLUTION NO. 03-07-01-01 ADOPTED APPROVING THE 2003-2010 CITY
SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM (330.40)
Project Description: The 2003-2004 Capital Improvement Program (CIP) funds
$18,140,587 in projects from a variety of funding programs. This year, the
circulation project portion of the budget presents only committed or contractually
obligated projects for funding to allow the Council Sub -Committee on Congestion
Relief to develop its program. Staff recommends approving the City Seven -Year
Capital Improvement Program as presented.
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Written Communications: Report dated July 1, 2003, from William M. Huber,
Director of Engineering & Building.
Presentation: William M. Huber, Director of Engineering & Building, reviewed the
staff recommendation.
Mayor Gelff opened the public hearing.
Public Testimony:
Terry Holt, City resident, requested more information regarding the need for a
proposed traffic signal at Ortega Highway and Via Cordova intersection.
Marilyn O'Brien, City resident, was opposed to the proposed traffic signal and
provided some personal observations.
Mayor Gelff closed the public hearing.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Bathgate and carried unanimously, 5-0, to adopt Resolution No. 03-07-01-01
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES RELATED TO THE 2003-2010 CITY SEVEN-
YEAR CAPITAL IMPROVEMENT PROGRAM."
2. RESOLUTION NO. 03-07-01-02 ADOPTED APPROVING THE FISCAL YEAR
2003-2004 OPERATING BUDGET; AND STAFF DIRECTED TO SCHEDULE A
PUBLIC HEARING FOR AUGUST 15, 2003, TO CONSIDER PROPOSED
WATER RATE INCREASE. (330.20)
Project Description: The State budget proposes to shift as much as $1.4 million
in local revenues to resolve their deficit. The City's strong local economy, staff's
efforts to reduce costs and the City Council's commitment to developing a
balanced budget while retaining programs have resulted in a fiscal budget
proposal that allows the City to continue providing services and programs at the
same level of service as the prior year. The City Council on June 3, 2003,
adopted a State Budget Reduction Contingency Plan for the FY 2003-2004
General Fund budget. The City's Water Enterprise Fund Operating budget
reflects a deficit, therefore Staff will recommend that Council schedule a public
hearing to consider a water rate increase to cover costs and restore the Water
Operating Fund budget to a sufficient reserve to cover operations; and, approve
the Fiscal Year 2003-2004 Operating Budget.
Written Communications: Report dated July 1, 2003, from Cynthia L. Russell,
Director of Administrative Services
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Presentation: Cynthia L. Russell, Director of Engineering & Building, reviewed
the staff recommendation.
Mayor Gelff opened the public hearing and there being no public comment
closed the public hearing.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hart and carried unanimously, 5-0, to adopt Resolution No. 03-07-01-02 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING AN OPERATING BUDGET AND
AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED
THERETO;" and, staff directed to schedule a public hearing for August 19, 2003,
to consider the proposed water rate increase to be effective September 1, 2003.
RECESS AND RECONVENE
Council recessed at 7:51 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:54 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. ORDINANCE INTRODUCED ELIMINATING THE TIME LIMIT FOR
INDEBTEDNESS FOR THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY. (340.10)
Project Description: The Redevelopment Agency's ability to incur indebtedness
sunsets July 12, 2003. Senate Bill (SB) 211 made revisions to Community
Redevelopment Law (CRL) which extends the deadlines for time limits. SB211
as codified in CRL Section 33333.6(e)(2) permits the legislative body of the
Agency (the City Council) to eliminate the deadline on incurring indebtedness by
ordinance. Staff recommends approving the first reading and introduction of the
ordinance.
Written Communication: Report dated July 1, 2003 by Douglas D. Dumhart,
Principal Management Analyst.
Presentation: Douglas D. Dumhart, Principal Management Analyst, reviewed the
staff recommendation.
Meg Monahan, City Clerk read the title of the Ordinance, entitled "ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES
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AND INDEBTEDNESS WITH RESPECT TO THE SAN JUAN CAPISTRANO
REDEVELOPMENT PLAN"
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Soto and carried unanimously, 5-0, to approve introduction and first reading of
the Ordinance eliminating the time limit for indebtedness for the San Juan
Capistrano Redevelopment Agency.
G2. ENGINEERING & BUILDING DIRECTOR
a. TRAFFIC CONGESTION RELIEF PROJECTS RATIFIED AND STATUS
REPORT RECEIVED AND FILED. (590.60)
Project Description.: On March 18, 2003, the City Council approved the Traffic
Congestion Relief Program. The Council Ad Hoc Committee developed a
preliminary strategy plan for consideration by the City Council; and, is developing
a multi -phased approach to traffic congestion relief. Staff recommends ratifying
the traffic congestion relief projects identified as "Immediate Projects" in the
agenda report and receive and file the status report of the ad hoc committee's
actions to date.
Written Communication: Report dated July 1, 2003 by William M. Huber, Director
of Engineering & Building.
Presentation: William M. Huber, Director of Engineering & Building, reviewed
the staff recommendation.
Council Member Hart ascertained that project number 2 - Camino Capistrano at
Oso Road was not a part of the Saddleback Valley Christian School area
widening but extended further to the north. Project number 6 - the Ortega
Highway at Via Cordova installation of traffic signal will be back for City Council
consideration in August, 2003.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Soto and carried unanimously, 5-0, to ratify the Traffic Congestion Relief Projects
identified as "Immediate Projects;" and receive and file status report of the
Council ad hoc committee's actions to date.
G3. ADMINISTRATIVE SERVICES DIRECTOR
a. RESOLUTION NO. 03-07-01-03 ADOPTED PROVIDING AN ENHANCED
RETIREMENT BENEFIT TO EXECUTIVE EMPLOYEES AND MANAGEMENT
EMPLOYEES. (720.60)
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Project Description: As part of negotiation for salaries and benefits for the Fiscal
Year 2003-2004, the Executive Employees and the Management Empioyees
Association request enhancement to their retirement benefit provided through the
Orange County Employees Retirement System. The cost of the enhanced
benefit formula is 7.27% of base salary for the Executive employees and 3.04%
of base salary for members of the Management Employees Association. The
City has agreed to support the request providing that the increased costs are
funded by the employees receiving the enhanced benefit through a payroll
deduction. Staff recommends approval of the enhanced retirement benefit
formula of 2.7% at age 55, average three highest years salary for Executive
Employees and members of the Management Employees Association through
the Orange County Employees Retirement System.
Written Communication: Report dated July 1, 2003 by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate and carried unanimously, 5-0, to adopt Resolution No. 03-07-
01-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING ENHANCED RETIREMENT
BENEFITS FOR THE EXECUTIVE EMPLOYEES AND MEMBERS OF THE
MANAGEMENT EMPLOYEES ASSOCIATION THROUGH THE ORANGE
COUNTY EMPLOYEES RETIREMENT SYSTEM."
b. THE DAVIS COMPANY SELECTED AS THE EXECUTIVE RECRUITMENT
FIRM FOR THE CITY MANAGER RECRUITMENT. (600.30)
Project Description: The City Manager announced that he has accepted the
position of City Manager with the City of San Clemente. In an effort to provide
assistance to the City Council in the search for a new City Manager, staff
obtained proposals from four firms to conduct the City Manager recruitment.
Staff recommends the City Council select an executive search firm to initiate the
recruitment process.
Written Communication: Report dated July 1, 2003 by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Soto and carried unanimously, 5-0, to select The Davis Company as the
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executive recruitment firm for the City Manager recruitment; Administrative
Services Director to negotiate a final agreement with the firm; and, the Mayor
authorized to execute the agreement.
ORDINANCES: None
COUNCILMANIC ITEMS
1. JOE DREY APPOINTED TO WATER ADVISORY COMMISSION. (110.20)
Description: On June 3, 2003, a vacancy existed on the Water Advisory
Commission. The Council subcommittee, consisting of Mayor Gelff and Mayor
pro tem Soto reviewed the applications and recommend the Council appoint Joe
Drey to the commission.
Written Communication: Report dated July 1, 2003, by Meg Monahan, City Clerk
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Hart and carried unanimously, 5-0, to appoint Joe Drey to the Water
Advisory Commission, term ending May 31, 2004.
2. ORAL REPORTS
Council Member Swerdlin: Vector of the Month: Cockroaches; Council Member
Swerdlin will be up for re -appointment to a two-year term on the executive board
at the July 2003 JPIA meeting. Informational handout provided concerning the
TCA.
3. COUNCIL COMMENTS:
Council Member Swerdlin requested that restrooms at the Historic Town Center
Park remain open during the day, suggesting a new facade providing privacy and
continually open restrooms, and building colors be coordinated with the new
stage. Al King, Jr., Community Services Director, indicated that staff would
correct any closures during the day. Lt. J.B. Davis, Chief of Police,
recommended that restrooms remain locked at night to prevent crime.
Mayor pro tem Soto recognized Ray Perez, the newly elected President of the
San Juan Capistrano Rotary Club, and Father Art Holquin, newly seated pastor
of Mission Basilica San Juan Capistrano, replacing Msgr. Paul Marin, who
recently retired.
Mayor Gelff dedicated the meeting to the late Steve Ando and his family. Steve
served as a city employee up until his recent death.
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ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:17 p.m. to a
Regular meeting, Tuesday, August 5, 2003, 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,
G�
T R. MONAHAN, CITY CLERK
: August 5, 2003
ATTEST:
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