06-0606_CC_Minutes_Regular MeetingMINUTES
' JUNE 6, 2006
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) — None
Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:02 p.m. in the City Council Chamber. Council Member Soto led
the Pledge of Allegiance and Council Member Allevato gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, Joe Soto, Mayor pro
tem Sam Allevato, and Mayor David M. Swerdlin.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Meg
' Monahan, City Clerk; William M. Huber, Assistant City Manager; Cynthia L. Russell,
Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Molly Bogh,
Planning Director; Nasser Abbaszadeh, Engineering and Building Director; Karen
Crocker, Community Services Director; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Mayor Swerdlin reported attendance at Transportation Corridor Authority meetings
concerning operations and finance.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart reported that the Planning, Finance and Public Education
subcommittees had made presentations at the June 5, 2006, meeting; the committee
will be making a request to Council to approve technical assistance from the Trust for
Public Lands; and the next meeting is scheduled for Monday, August 7, 2006, at 7:00
p. m.
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ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events including a public meeting to discuss alternatives for the 1-5/Ortega Interchange;
the San Juan Summer Nites concert series; and Chamber of Commerce and Mission
San Juan Capistrano scheduled events.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE CONRAD DAVID RECOGNIZED. (730.90)
Cynthia L. Russell, Administrative Services Director, recognized Conrad David
for 15 years of service to the City; and Mayor Swerdlin presented Mr. David with
a certificate of appreciation.
2. MAYOR'S AWARD — EDUCATOR OF THE YEAR — PRESENTED TO
WENDELL NICK. (610.40)
Mayor Swerdlin recognized Wendell Nick as Educator of the Year; and
commended him for his longtime dedication and contributions to his students and
the community. He presented Mr. Nick with the Mayor's Award for 2006 Educator
of the Year.
3. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Allevato recognized Erin Kutnick, Transportation Commission;
Gene Ratcliffe, Planning Commission; Les Blair, Council Liaison to the San Juan
Seniors; Ken Friess, former Mayor; and Youth Advisory Board Members Melissa
Bell, Kayla Ferrari; and Matthew McCormick.
ORAL COMMUNICATIONS
Pamelia D. Cook, Dana Point resident, owner of the Dollar Store in San Juan
Capistrano, felt that code enforcement warnings concerning the flags, arrow and signs
on her truck was a waste of City money.
Thomas A. Cook, Dana Point resident, felt code enforcement against the Dollar Store
was a waste of government funds.
Ken Friess, City resident, announced the upcoming Relay for Life event. He also
informed the Council that he has truly enjoyed serving as an Adult Advisor to the Youth
Advisory Board, but would not be reapplying. He hoped others would step forward and
apply.
2 6-6-2006
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Allevato, and carried unanimously, 5-0, to approve items 1 through 10, 12 and 14 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE MAY 2, 2006 REGULAR MEETING OF THE CITY COUNCIL
APPROVED AS SUBMITTED.
3. CASH BALANCES BY FUND OF APRIL 30, 2006, RECEIVED AND FILED.
(330.50)
4. REPORT OF INVESTMENTS, MONTH ENDING APRIL 30, 2006, RECEIVED
AND FILED. (350.30)
5. RESOLUTION NO. 06-06-06-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 99-11-16-3 FORMING UNDERGROUND
UTILITY DISTRICT NO. 99-0 TO ALLOW RULE 20A FUNDS TO PAY FOR THE
CONVERSION OF PRIVATE UTILITY SERVICES," ADOPTED. (UUD 99-01)
(CIP NO. 144) (345.50)
' 6. RESOLUTION NO. 06-06-06-02, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE
CITY OF SAN JUAN CAPISTRANO AND REVIEW FOR CONFORMANCE
WITH THE COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS (MPAH),"
ADOPTED. (940.45)
7. RESOLUTION NO. 06-06-06-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS RELATED
TO THE 2005 STORM EVENTS (CALIFORNIA DEPARTMENT OF
TRANSPORTATION)," ADOPTED. (600.50)
8. RESOLUTION NO. 06-06-06-04 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A NO SKATEBOARDING AREA AT SERRA PLAZA, 31910 &
31920 DEL OBISPO, SAN JUAN CAPISTRANO, PURSUANT TO CHAPTER 23,
TITLE 5, OF THE MUNICIPAL CODE," ADOPTED (590.10)
Written Communication: Email dated June 6, 2006, from Jim Palmer, City
business employee, suggesting the skateboarding prohibition be revised to allow
skateboarding as a legitimate means of transportation.
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9. RESOLUTION NO. 06-06-06-05, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE DOWNTOWN EMPLOYEE PARKING PERMIT PROGRAM
ESTABLISHED BY RESOLUTION NO. 95-2-7-7 TO INCLUDE THE LOS RIOS
PARKING LOT," ADOPTED. (570.70)
Public Comment: Allan Niccola, City resident, supported the resolution as his
employees have had problems finding parking in the area.
10. RECEIPT OF ALL BIDS FOR THE COOKS RESERVOIR REPLACEMENT
PROJECT ACKNOWLEDGED; THE APPARENT LOW BIDDER, VADNAIS
CORPORATION, RELEASED FROM THE REQUIREMENTS OF THEIR BID
DUE TO A MISTAKE IN CALCULATION OF THEIR BID; ALL BIDS REJECTED
AND STAFF AUTHORIZED TO RETURN BID BONDS TO THE BIDDERS;
STAFF DIRECTED TO PERFORM ADDITIONAL VALUE ENGINEERING ON
THE PROJECT TO REDUCE COSTS; AND THE CITY CLERK DIRECTED TO
RE -ADVERTISE THE COOKS RESERVOIR REPLACEMENT PROJECT FOR
COMPETITIVE BIDS. (CIP# 769 (600.10)
11. ACCOUNTS PAYABLE WARRANTS DATED MAY 11, 2006 AND MAY 25,
2006; AND PAYROLL WARRANTS DATED MAY 19, 2006, RECEIVED AND
FILED. (300.30)
This item was removed from the Consent Calendar to allow Council Member
Bathgate to abstain.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Allevato, and carried 4-0-1, with Council Member Bathgate abstaining, to
approve Accounts Payable Warrants dated May 11, 2006, in the amount of
$1,503,897.16 and May 25, 2006, in the amount of $1,503,897.16; and Payroll
Warrants dated May 19, 2006, in the amount of $252,925.89, received and filed.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Hart, Soto, Mayor Swerdlin
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
12. AMERICAN CANCER SOCIETY REQUEST FOR OVERNIGHT CAMPING ON
JULY 29 — 30, 2006, AT THE SAN JUAN CAPISTRANO SPORTS PARK FOR
THE RELAY FOR LIFE EVENT, SUBJECT TO CONDITIONS, APPROVED;
AND A 100% FEE WAIVER, IN THE AMOUNT OF $1,200 APPROVED. (390.30)
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13. ALLOCATION OF FUNDS IN SUPPORT OF HONORING MARINES THAT
' HAVE RETURNED FROM THE WAR IN IRAQ APPROVED. (BAD TO THE
BONE BBQ DINING & CATERING) (330.20)
Council Member Hart removed this item from the Consent Calendar in order to
commend staff for their efforts. He stated that the luncheon is a great opportunity
for the City to thank the Marines for their service; and noted a proposal to
celebrate another event would be coming to the City Council soon.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto and unanimously carried, 5-0, to approve allocation of up to $700
from the Community Promotion Fund to cover the cost of food (provided by Bad
to the Bone BBQ Dining & Catering) for a June 13, 2006 luncheon honoring
Marines that have returned from the War in Iraq, at the Swallows Inn.
14. PHASE I OF II LICENSE AGREEMENT BETWEEN THE CITY, ORANGE
COUNTY TRANSPORTATION AUTHORITY (OCTA), AND SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA), TO REPLACE THE
SUBSTRUCTURE AT THE TRABUCO CREEK BRIDGE CROSSING
APPROVED (INCLUDING SPECIFIC LANGUAGE REGARDING THE CITY'S
TRAIL SYSTEM IN SECTION 5, WHICH WOULD REQUIRE THE CREATION
OF ONE, TWELVE -FOOT WIDE BENCH IN ORDER TO CONNECT THE
' EXISTING TRAIL AT THE TRABUCO CREEK BRIDGE); AND THE MAYOR
AUTHORIZED TO SIGN THE AGREEMENT. (600.50)
Written Communication: Supplemental Agenda Report dated June 6, 2006, by
Kathleen Springer, Acting Public Works Director.
15. JOINT USE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND JUNIPERO SERRA HIGH SCHOOL, 2006 COUNCIL PRIORITY NO. 613,
APPROVED. (600.30)
Description: The Joint Use Agreement between the City of San Juan Capistrano
and Junipero Serra High School regulates community and City use of the high
school's soccer practice field, softball fields, JV baseball field, tennis courts,
outdoor restroom facilities, and parking lot. The Agreement includes language to
allow for the possible use of the pool by the City in the future. The Agreement
has been revised in response to comments made during Parks Recreation and
Equestrian Commission April and May meetings and will be presented to the
Commission again at their June meeting. Staff recommended Council approve
the Joint Use Agreement between the City of San Juan Capistrano and Junipero
Serra High School.
Written Communication: Report dated June 6, 2006, by Karen Crocker,
Community Services Director.
5 6-6-2006
Two (2) Supplemental Agenda Reports dated June 6, 2006, by Karen Crocker, --
Community Services Director.
Presentation: Karen Crocker, Community Services Director summarized the staff
report.
Public Comment: Tom Waszak, Principal of Junipero Serra High School,
thanked the community for their participation.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Hart, and carried unanimously, 5-0, to approve the Joint Use Agreement
between the City of San Juan Capistrano and Junipero Serra High School.
PUBLIC HEARINGS — None
RECESS AND RECONVENE
Council recessed at 7:38 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:55 p.m.
ADMINISTRATIVE ITEMS
G1. ADMINISTRATIVE SERVICES DIRECTOR
a. FISCAL YEAR 2006/07 OPERATING FUND BUDGETS CONSIDERATION
CONTINUED TO THE PUBLIC HEARING SCHEDULED FOR JUNE 20. 2006.
Description: The City's FY 2006/07 Operating Budgets provide the financial
guidelines for City operations for the coming year and include projected costs for
general operations, water and sewer operations, and other programs. Staff
recommended Council review and provide comment, then continue
Consideration of the FY 2006/07 budget to a public hearing scheduled for June
20, 2006.
Written Communications: Report dated June 6, 2006, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
6 6-6-2006
Council Discussion:
Mayor Swerdlin suggested working through the League of California Cities to
seek State repayment of the past two years of water funds a Holiday fundraising
program involving non-profit organizations. Karen Crocker, Community Services
Director, agreed to contact non-profit organizations to gage interest.
Council Member Soto encouraged staff to make sure the City is insured at the
proper levels; suggested smaller cameras for traffic enforcement; and questioned
an increase in the City Clerk's Community Redevelopment Agency administration
costs.
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried unanimously, 5-0, to continue consideration of the FY
2006/07 budget to a public hearing scheduled for June 20, 2006.
G3. ENGINEERING AND BUILDING DIRECTOR
a. CONSIDERATION OF THE 2006-2013 CITY SEVEN-YEAR CAPITAL
IMPROVEMENT PROGRAM CONTINUED TO PUBLIC HEARING SCHEDULED
FOR JUNE 20, 2006. (330.40)
Description: Development of the Seven Year Capital Improvement Program is
required to provide consistency with the requirements of the State Congestion
Management Program and the County Measure M Program. Staff recommended
Council review and comment on the Seven -Year Capital Improvement Program;
and continue this item to the public hearing scheduled for June 20, 2006.
Written Communications: Report dated June 6, 2006, by Jill Thomas,
Management Analyst II.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Council Action: Moved by Mayor pro tem Allevato,
Member Soto, and carried unanimously, 5-0, to continue
2006-2013 City Seven -Year Capital Improvement Program
scheduled for June 20, 2006.
ORDINANCES - None
COUNCILMANIC ITEMS - None
seconded by Council
consideration of the
to the Public Hearing
7 6-6-2006
ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 8:40 p.m. to
Tuesday, June 20, 2006, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public
Business Session, in the City Council Chamber.
Respectfully
R. MONAHAN, CITY CLERK
July 3, 2006
ATTEST:
DAVID M. SW RI , MAYORF
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