08-0805_CC_Minutes_Regular MeetingMINUTES
August 5, 2008
' SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING — CLOSED SESSION
SPECIAL MEETING — BUSINESS SESSION
Mayor Soto called the Regular Meeting of the City Council of the City of San Juan
Capistrano to order at 5:30 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor
pro tem Mark Nielsen (arrived at 5:35 p.m.) and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
PUBLIC COMMENT — CLOSED SESSION ITEMS: None
CLOSED SESSION:
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54956.9(a), the City Council conferred
' with its legal counsel regarding Scalzo Family Trust V.
City of San Juan Capistrano. (Mayor Soto recused himself from the discussion)
BUSINESS SESSION
Mayor Soto called the Special Meeting of the City Council of the City of San Juan
Capistrano to order at 6:06 pm in the City Council Chamber. Council Member Hribar led
the Pledge of Allegiance and Mayor pro tem Nielsen gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor
pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
ANNOUNCEMENTS OF CLOSED SESSION ACTIONS: No reportable actions.
' TOUR OF CITY HALL LANDSCAPE IMPROVEMENTS:
Ziad Mazboudi, Senior Civil Engineer, led a tour of the new City Hall environmentally
friendly landscape and irrigation demonstration project.
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Hribar reported information received by the five cities involved in a
proposed Doheny Beach desalinization plant, from the Orange County Health Agency
regarding MBTE plumes from four area gasoline service stations that could impact the
proposed project,
Mayor pro tem Nielsen reported a recent meeting of the Economic Summit and
recommended involvement by parties interested in the downtown revitalization.
Mayor Soto provided a written report of the following
Chamber of Commerce installation dinner; "Educatio
Mission Basilica; Orange County Board of Superviso
behalf of South Orange County and the City; funeral
Metropolitan Water District "Water Future" program
Chamber of Commerce installation and awards dinner.
OPEN SPACE COMMITTEE REPORT
meetings: South Orange County
nal Forum in Imagination" at the
rs' meeting to accept $25,000 on
services for Mr. John Lacouage;
and the San Juan Capistrano
Mayor pro tem Nielsen announced:
• Several subcommittee meetings
• Open Space Committee meeting on Monday, August 4, 2008 — committee
recommendations to be discussed later in the Council meeting.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
The following upcoming events were announced:
• Metro Java "Coffee Chat:"
• Mission San Juan Capistrano "Night at the Mission" overnight campout;
• Sycamore Trails Stable annual barn dance;
• Mission San Juan Capistrano "Music Under the Stars;"
• San Juan Summer Nites upcoming concerts.
INTRODUCTIONS. PRESENTATIONS, AND DONATIONS
SUPERVISOR PATRICIA BATES PRESENTED THE TRANSFER OF $500,000
COUNTY PROPOSITION 1 B FUNDING TO THE CITY FOR CIP PROJECT NO.
111 & 404 (CAMINO CAPISTRANO AND DEL OBISPO INTERSECTION
IMPROVEMENTS) (JUNIPERO SERRA AND RANCHO VIEJO ROAD
INTERSECTION IMPROVEMENTS) (610.40)
2. SPONSORS AND CITY STAFF RECOGNIZED FOR CONTRIBUTIONS
TOWARD THE DESIGN AND CONSTRUCTION OF THE CITY HALL
ENVIRONMENTALLY FRIENDLY LANDSCAPE AND IRRIGATION
DEMONSTRATION PROJECT (610.40)
Mayor Soto recognized the following businesses and individuals:
• Nuvis Landscape design (special recognition of Planning Commissioner
4. STATUS REPORT — METHYL TERTIARY BUTYL ETHER (MTBE) TESTING
AND REMEDIATION CONDUCTED BY CHEVRON (530.25)
Michael Donavan, PSOMAS, City's geologist consultant, provided a status report
dated July 1, 2008, which included a PowerPoint presentation. The status report
pertained to the current status and known boundaries of MBTE plumes from the
two subject gasoline stations and related to the City's groundwater; potable water
supply; and groundwater recovery plant production.
Jack Fraim, Hydrologist, Cedar Creek Consulting, representing Chevron,
provided a PowerPoint presentation, including a remediation schedule and
responded to questions. He requested City support in obtaining any needed
permits as the remediation system is installed.
5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
' Mayor pro tem Nielsen introduced the following individuals in attendance: Ron
Denman, Parks, Recreation and Equestrian Commission; Bob Cardoza and
3
Robert Cardoza)
•
Tree of Life Nursery (Special recognition of Planning Commissioner Gene
Ratcliffe)
•
HRP Studio
•
Ed Stewart and Associates
•
West Coast Arborists
•
Bota Company
•
Hydroscape Products
•
Sepulveda Building Materials
•
The Soto Company
•
Armstrong Growers
•
Plan Depot
•
Ito Nursery
•
DM Color Express
•
Your Turf
•
Insley Construction, Inc.
•
David Contreras, Senior Planner
•
David Hubler, Public Works Supervisor
•
Francie Kennedy, Water Conservation Coordinator
•
Craig Harris, Assistant Engineer
•
Irene Marcote, Engineering Technician
'
•
Tom Johnson, Water Distribution Supervisor
Jack Galaviz, Public Works Manager
3. SAN JUAN CAPISTRANO EQUESTRIAN COALITION RECOGNIZED FOR THE
DONATION OF $30,000 FOR THE DEVELOPMENT OF A GEOGRAPHIC
INFORMATION SYSTEM (GIS) TRAIL APPLICATION (610.40)
4. STATUS REPORT — METHYL TERTIARY BUTYL ETHER (MTBE) TESTING
AND REMEDIATION CONDUCTED BY CHEVRON (530.25)
Michael Donavan, PSOMAS, City's geologist consultant, provided a status report
dated July 1, 2008, which included a PowerPoint presentation. The status report
pertained to the current status and known boundaries of MBTE plumes from the
two subject gasoline stations and related to the City's groundwater; potable water
supply; and groundwater recovery plant production.
Jack Fraim, Hydrologist, Cedar Creek Consulting, representing Chevron,
provided a PowerPoint presentation, including a remediation schedule and
responded to questions. He requested City support in obtaining any needed
permits as the remediation system is installed.
5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
' Mayor pro tem Nielsen introduced the following individuals in attendance: Ron
Denman, Parks, Recreation and Equestrian Commission; Bob Cardoza and
3
Gene Ratcliffe, Planning Commission; Mike McCoy, Battalion Chief, Orange
County Fire Authority; and Brad Gates, Retired Orange County Sheriff
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, spoke regarding the new landscape improvements at
City Hall; extended an invitation to the horse auction at The Oaks; provided an update
on efforts to hold a public hearing regarding the 91 toll road extension at Del Mar Race
Track; and a recent exhibit at the Irvine museum regarding the water cycle.
Patrick Crowley, City resident, supported the use of "e -verify" for checking immigration
status of employees for companies that contract with the City.
Orrie Brown, City resident, spoke regarding the CHEC lease at the Old Fire Station,
attendance at a presentation at the Mission that she felt encouraged people to stay in
the area illegally; and opposed the efforts of CHEC and CREER.
Tony Brown, City resident, commented on pending state legislation, AB 2076, related to
prohibiting use of "e -verify" by local and state governments for employee immigration
status.
Art Guevara, City resident, encouraged funding for the arts to establish public art
projects.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar,
and carried unanimously, 5-0, to approve items 1 through 10, 12, 13, 15 through 19 as
recommended by staff.
MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED
2. CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JULY 15, 2008
APPROVED AS SUBMITTED
3. RESOLUTION NO. 08-08-05-01 ADOPTED ENTITLED, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD
VALOREM TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING
THE FISCAL YEAR 2008/2009 FOR DEBT SERVICE AND REQUESTING THE
LEVY OF A TAX IN THE CITY OF SAN JAUN CAPISTRANO; " AND THE CITY
CLERK DIRECTED TO FORWARD A CERTIFIED COPY TO THE ORANGE
COUNTY ASSESSOR AND AUDITOR/CONTROLLER OFFICE FOR
INCLUSION ON 2008/2009 TAX ROLLS (390.80)
4. CLAIM OF SHARON MCNIFF DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
5. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
DIGITAL MAP PRODUCTS TO DEVELOP AN EQUESTRIAN TRAIL WEB
' APPLICATION APPROVED (600.30)
6. ACCOUNTS PAYABLE WARRANTS DATED JULY 17, 2008 IN THE TOTAL
AMOUNT OF $1,165,011.88; AND PAYROLL WARRANTS DATED JULY 11,
2008 AND JULY 25, 2008 IN THE TOTAL AMOUNT OF $627,121.24
RECEIVED AND FILED (300.30)
7. CASH BALANCES BY FUND — MAY 31, 2008 RECEIVED AND FILED (330.50)
8. REPORT OF INVESTMENTS — MONTH ENDING MAY 31, 2008, RECEIVED
AND FILED (350.30)
9. PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DANA POINT
AND THE CITY OF SAN JUAN CAPISTRANO REGARDING BOUNDARY
ADJUSTMENT INVOLVING ASSESSOR'S PARCEL NO. 121-240-36 (ORANGE
COUNTY FLOOD CONTROL DISTRICT PARCEL LO1-113.7) APPROVED;
THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT CITY COUNCIL
PRIORITY NO. 8A (600.30)
10. AGREEMENT FOR AFTERSCHOOL RECREATION PROGRAMS IN AN
AMOUNT NOT TO EXCEED $50,400 TO PROVIDE AFTER SCHOOL
RECREATION PROGRAMS — PERIOD OF SEPTEMBER 2008 THROUGH
' JUNE 2009, APPROVED (600.30)
11. CITY COUNCIL POLICY NO. 213 ADOPTED RELATED TO STATE
MANDATED ETHICS TRAINING REQUIREMENTS FOR COMMISSION AND
COMMITTEE MEMBERS APPROVED AS REVISED (710.60/610.30)
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously, to adopted City Council Policy No. 213 related
to State Mandated Ethics Training Requirements for Commission and Committee
Members, Item 3 revised to state, .....matter to the City Council
at a scheduled regular meeting to consider removing the
commissioner/committee member from office and declaring a vacancy.
12. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
JULY 15, 2008 RECEIVED AND FILED (440.10)
13. RESOLUTION NO. 08-08-05-02 ADOPTED ENTITLED, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING LEGISLATION FOR EXTENDED PRODUCER
RESPONSIBILITY" AS REVISED (810.80)
' Ziad Mazboudi, Senior Civil Engineer, provided an overview of the agenda
report.
5
Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Nielsen, and
carried unanimously, to adopt Resolution No. 08-08-05-02 supporting legislation
of extended product responsibility shifting product waste revised to add the
following paragraph, " Be it further resolved, the City Council of the City of San
Juan Capistrano directs city staff to make appropriate consideration in the city's
procurement process to give extra credit in competitive bidding situations to
those companies complying with this policy."
14. ADDENDUM NO. 3 TO AMENDMENT NO. 2 FOR DESIGN SERVICES FOR
THE RECYCLED WATER ADVANCED WASTEWATER TREATMENT PLANT
WITH SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA)
APPROVED FOR CONTRACTING WITH DESIGN FIRM AND OVERSIGHT OF
DESIGN, PERMITTING, AND APPLICATIONS FOR FUNDS; AND $1,885.00
AUTHORIZED FOR DEPOSIT WITH SOCWA FOR THIS WORK (CIP NO. 787)
(600.30)
John O'Donnell, Utility Director, reviewed the agenda report.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously to approve an agreement with South
Orange County Wastewater Authority (SOCWA) to contract with a design firm
and oversee the design, permitting, and application for State Revolving Funds
low interest financing for the Recycled Water Advanced Wastewater Treatment
Plan; and $1,885,000 deposit authorized with the South Orange County
Wastewater Authority for design, permitting, and loan applications work.
15. FINAL CONFORMED AGENCY PARTICIPATION AGREEMENT TO EXPLORE
THE FEASIBILITY OF AN OCEAN DESALINIZATION PLANT WITH MUNICIPAL
WATER DISTRICT OF ORANGE COUNTY, SOUTH COAST WATER
DISTRICT, LAGUNA BEACH COUNTY WATER DISTRICT, MOULTON NIGUEL
WATER DISTRICT, AND THE CITY OF SAN CLEMENTE APPROVED; $40,000
OF THE $236,000 PROJECT ALLOCATION TO BE RETURNED TO THE
CAPITAL RESERVE FUND; AND THE CITY MANAGER AUTHORIZED TO
EXECUTE THE FINAL VERSION OF THE AGREEMENT SUBSTANTIALLY IN
CONFORMANCE WITH THE DRAFT AGREEMENT (600.50)
16. RESOLUTION NO. 08-08-05-03 ADOPTED ENTITLED, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT
PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A
STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY
RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME
INVESTMENT PARTNERSHIPS PROGRAM;" REVISIONS TO THE OWNER-
OCCUPIED HOUSING REHABILITATION GUIDELINES APPROVED; AND
ECONOMIC DEVELOPMENT MANAGER AUTHORIZED TO MADE FURTHER
REVISIONS NEEDED TO SATISFY THE 2008 HOME PROGRAM
APPLICATION REQUIREMENTS CITY COUNCIL PRIORITY NO. 7A (430.40)
17. DRAFT 2008 OPEN SPACE MASTER PLAN RECEIVED AND FILED PENDING
' COMPLETION OF HABITAT MAPPING EFFORT (530.40)
18. AGREEMENTS APPROVED FOR ADVOCACY SERVICES, JULY 1, 2008
THROUGH DECEMBER 31, 2008: TOWNSEND PUBLIC AFFAIRS, INC. IN AN
AMOUNT NOT TO EXCEED $30,000; AND PATTON BOGGS, LLP. IN THE
AMOUNT NOT TO EXCEED $50,000 (TOWNSEND PUBLIC AFFAIRS, INC.
AND PATTON BOGGS, LLP) (600.30)
19. MAYOR AUTHORIZED TO SIGN A LETTER TO CALIFORNIA LEGISLATIVE
LEADERS URGING ADOPTION OF THE STATE BUDGET WITHOUT RELYING
ON LOCAL REVENUES (330.20)
Dave Adams, City Manager, provided an overview of the agenda report.
Council Action: Moved by Mayor Soto, seconded by Council Member Uso, and
carried unanimously to authorize the Mayor to sign a letter to California
legislative leaders urging adoption of the State budget without relying on local
revenues.
PUBLIC HEARINGS
1. RESOLUTION NO. 08-08-05-11 ADOPTED CONFIRMING THE 2008 WEED
' ABATEMENT COST REPORT AND AUTHORIZING THE ORANGE COUNTY
AUDITOR -CONTROLLER'S OFFICE TO INCLUDE ASSESSMENTS ON
PROPERTY TAX ROLL (540.70)
Cynthia L. Russell, Assistant City Manager, summarized the staff report and
provided updated information regarding the lot numbers and addresses to be
included in the resolution.
Mayor Soto opened the public hearing and invited testimony. No public testimony
was provided. Mayor Soto closed the public hearing.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Allevato, and carried unanimously to adopt Resolution No. 08-08-05-11
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR
THE 2008 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN
CAPISTRANO" as identified during the public hearing.
2. ORDINANCE REGULATING BUILDING AND CONSTRUCTION OVER OR
NEAR OPEN AND CULVERTED CREEK REFERRED TO OPEN SPACE
PLANNING COMMITTEE AND EQUESTRIAN SUBCOMMITTEE, EXPANDED
' NOTICING NEEDED, AND RETURN TO COUNCIL (450.30)
Ziad Mazboudi, Senior Civil Engineer, summarized the staff report.
Mayor Soto opened the public hearing and invited testimony.
Public Testimony:
• Tom Lorch, city property owner, requested continuance and was
concerned about impact on flood control work and existing easements that
may fall within the proposed setbacks
Mayor Soto closed the public hearing.
City Council discussion included:
• Establishing that the ordinance would apply to substantial replacement of
existing facilities
• Need for Council Equestrian Subcommittee discussion
• Potential impact on stable properties
• Need for affected property owners to be noticed
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Hribar, and carried unanimously to refer review of the ordinance to the
Open Space Planning Committee and Council Equestrian Subcommittee for
review and comment; and direct staff to include affected property owners in
noticing the item to return to Council for further consideration in September 2008.
RECESS AND RECONVENE
Council recessed to convene the San Juan Capistrano Community Redevelopment
Agency meeting and reconvened following the agency's business.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. RESOLUTION NO. 08-08-05-05 ADOPTED — RESOLUTION OF INTENTION
TO ESTABLISH COMMUNITY FACILITIES DISTRICT (CFD) NO. 2008-1 AND
AUTHORIZING LEVY OF SPECIAL TAX; RESOLUTION NO. 08-08-05-06
ADOPTED — RESOLUTION OF INTENTION TO INCUR BONDED
INDEBTEDNESS IN AMOUNT NOT TO EXCEED $7.5M WITHIN CFD 2008-1
(VENTANAS BUSINESS CENTER)(340.40)
Douglas Dumhart, Economic Development Manager summarized the staff report
with Cynthia L. Russell, Assistant City Manager, responding to questions.
City Council discussion included:
• Community facilities districts as a form of taxation and the appropriateness
of developer passing costs to future owners
• Community facilities districts as a means of financing and marketing
• Need for buyers to be aware of property tax and financing
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato and carried 4-1 with Mayor pro tem Nielsen opposed to adopt
Resolution No. 08-08-05-05 entitled, "A RESOLUTION OF INTENTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO
ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2008-1 (VENTANAS
BUSINESS CENTER) OF THE CITY OF SAN JUAN CAPISTRANO AND TO
AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY COSTS OF ACQUIRING
OR CONSTRUCTING CERTAIN FACILITIES, ADMINISTERING THE DISTRICT
AND DEBT SERVICE ON BONDED INDEBTEDNESS;" Resolution No. 08-08-
05-06 entitled, "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO INCUR BONDED
INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $7,500,000 WITHIN
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2008-1 OF THE CITY
OF SAN JUAN CAPISTRANO (VENTANAS BUSINESS CENTER)."
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Uso and Mayor Soto
NOES: Council Members: Mayor pro tem Nielsen
ABSTAIN: Council Members: None
G 2. COMMUNITY DEVELOPMENT DIRECTOR
a. RESOLUTION NO. 08-08-05-04 ADOPTED MAKING FINDING OF PUBLIC
CONVENIENCE OR NECESSITY FOR OFF -SALE BEER AND WINE LICENSE
' FOR THE 7 -ELEVEN GAS STATION AND FOOD MART (26572 JUNIPERO
SERRA RD) (APN NO. 649-011-20) (SAN JUAN SERVICE) (585.15)
Justin Kirk, Assistant Planner, summarized the staff report.
Written Communications in opposition to the application:
• Yvonne Tschaikowsky
• Charlen Coffee
• Stephen M. Rios, attorney representing 40 petitioners in opposition.
Public comment in opposition to proposed license:
• Julie Foresman, city resident
• Trevor Dale, city resident
• Tom Brown, Ladrea Ranch resident
• Yvonne Tschaikowsky, city resident
• Mark Kennedy, local business owner
• Stephen M. Rios, Attorney, representing persons opposed
Public comment in support of the proposed license:
• Steve Moser, city resident
• Patty Moser, city resident
• Rocco Falabella, city resident
• Craig Lark, city resident
• Dan Reinwald, city resident
• Jeff Jones, city resident
• Ed Carney, Saddleback Christian School administrator
• Ray Miller, city resident
• Monica Krueger, 7 -Eleven, Rancho Cucamonga
• John Campbell, city resident
• Kami Mauller, 7 -Eleven, Irvine
• Jim Adams, applicant, city resident
Mayor Soto closed the public hearing.
City Council discussion included:
• Extensive project review process
• Applicant vested with recent opposition
• Convenient shopping opportunity in town
• Purchasing alcohol should not be convenient or from gas stations
• Negative impact on community character
• Concern with alcohol sales near freeway
• Others cities provide service without major problems
• Need for business -friendly approach
Council Action: Moved by Mayor Soto, seconded by Council Member Hribar,
and 3-2, with Mayor pro tem Nielsen and Council Member Uso opposed, to adopt
Resolution No. 08-08-05-04 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, MAKING FINDING OF PUBLIC
CONVENIENCE AND NECESSITY FOR OFF -SALE BEER AND WINE
LICENSE AT THE 7-11 GAS STATION AND FOOD MART, 26572 JUNIPERO
SERRA RD (APN 649-011-29) (SAN JUAN SERVICE) (585.15)
ROLL CALL:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
G3. CITY ATTORNEY
Allevato, Hribar, and Mayor Soto
Uso and Mayor pro tem Nielsen
None
a. RESOLUTION NO. 08-08-05-07 CALLING ELECTION FOR SUBMISSION OF
OPEN SPACE BOND MEASURE; RESOLUTION NO. 08-08-05-08 SETTING
PRIORITIES FOR WRITTEN ARGUMENTS; RESOLUTION NO. 08-08-05-09
APPROVING TAX STATEMENT; RESOLUTION NO. 08-08-05-10
DETERMINING PUBLIC INTEREST AND NECESSITY DEMAND
ACQUISITION/IMPROVEMENT OF OPEN SPACE THROUGH GENERAL
OBLIGATION BOND FINANCING; FIRST READING AND INTRODUCTION OF
ORDINANCE RELATED TO SUBMISSION OF OPEN SPACE BOND MEASURE
TO THE VOTERS AS REVISED TO PROVIDE FOR A BOND EXPENDITURE
OVERSIGHT COMMITTEE; AND $800 ALLOCATED FROM RESERVES TO
ACCOUNT NO. 01-62171-4150 (630.20)
Omar Sandoval, City Attorney, summarized the staff report.
10
Written Communications:
' • Supplementary Agenda Report prepared by Omar Sandoval, City
Attorney, provided revised text for the ballot question as approved by the
Open Space Committee on August 4, 2008.
City Council discussion included:
• Need to include a citizen's oversight committee to review bond fund
expenditures.
Meg Monahan, City Clerk, read the title of the ordinance entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING
BONDED DEBT TO THE QUALIFIED VOTERS OF THE CITY AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
4, 2008 FOR THE PURPOSE OF ACQUISITION AND IMPROVEMENT OF
OPEN SPACE (OPEN SPACE, NATURAL AREA, AND CLEAN WATER
PROTECTION AND PRESERVATION MEASURE)."
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Allevato, and carried unanimously to adopt the following resolutions
revised to include establishment of a citizen's oversight committee to review
bond fund expenditures:
' Resolution No. 08-08-05-07 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND
GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE SUBMISSION TO
THE VOTERS A QUESTION RELATING TO THE OPEN SPACE, NATURAL
AREAS, AND CLEAN WATER PROTECTION AND PRESERVATION BOND
MEASURE AND RESCINDING RESOLUTION NO. 08-07-15-07."
Resolution No. 08-08-05-08 entitled, " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RELATING
TO THE OPEN SPACE NATURAL AREAS, AND CLEAN WATER
PROTECTION AND PRESERVATION MEASURE AND RESCINDING
RESOLUTION NO. 08-07-15-08."
Resolution No. 08-08-05-09 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
TAX STATEMENTS FOR THE OPEN SPACE, NATURAL AREAS, AND CLEAN
WATER PROTECTION AND PRESERVATION MEASURE PURSUANT TO
ELECTIONS CODE SECTION 9400-9404."
' Resolution No. 08-08-05-10 entitled, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE
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ACQUISITION AND/OR IMPROVEMENT OF OPEN SPACE AND FINANCING
THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS (OPEN
SPACE, NATURAL AREAS, AND CLEAN WATER PROTECTION AND
PRESERVATION MEASURE)."
And; first reading an introduction of the ordinance ordering the submission of the
Open Space, Natural Areas, and Clean Water Protection and Preservation
Measure to the voters to include establishment of a citizen's oversight committee
to review bond fund expenditures; and $800 allocated from reserves to Account
No. 01-62171-4150 to complete publication of the ordinance.
G4. CITY CLERK
a. ARGUMENT IN FAVOR OF THE GENERAL PLAN OPEN SPACE INITIATIVE
TO BE SIGNED BY ALL COUNCIL MEMBERS (630.20)
Meg Monahan, City Clerk, summarized the staff report.
Written Communications:
• Supplementary Agenda Report providing the direct argument in favor as
authored by Mayor pro tem Nielsen and Council Member Uso.
Public Comment:
• Tom Lorch, city property owner, spoke in opposition to the measure
City Council discussion included:
• Council Members Allevato and Hribar, and Mayor Soto individually
indicated their desire to sign the argument in favor of the measure
• Mayor pro tem Nielsen assigned Council Member Allevato to sign a
rebuttal argument in his place, should one be necessary
b. ARGUMENT IN FAVOR OF THE OPEN SPACE, NATURAL AREAS, AND
CLEAN WATER PROTECTION AND PRESERVATION MEASURE TO BE SIGN
BY ALL COUNCIL MEMBERS (630.20)
Meg Monahan, City Clerk, summarized the staff report.
Written Communications:
• Supplementary Agenda Report providing the direct argument in favor as
authored by Mayor pro tem and Council Member Hribar.
City Council discussion included:
• Council Members Allevato, Uso, and Mayor Soto individually indicated
their desire to sign the argument in favor of the measure.
• Mayor pro tem Nielsen assigned Mayor Soto to sign a rebuttal argument in
his place, should one be necessary.
ORDINANCES: None
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COUNCILMANIC ITEMS
1. COUNCIL MEMBER USO SELECTED AS THE VOTING DELEGATE, COUNCIL
MEMBER HRIBAR SELECTED AS ALTERNATE VOTING DELEGATE FOR
THE LEAGUE OF CALIFORNIA CITIES 2008 ANNUAL CONFERENCE
(140.20)
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Nielsen, and carried 4-1, with Council Member Uso opposed to select
Council Member Uso as the voting delegate for the League of California Cities
2008 Annual Conference.
ROLL CALL:
AYES:
Council Members:
Allevato, Hribar, Nielsen, and Mayor Soto
NOES:
Council Members:
Uso
ABSTAIN:
Council Members:
None
Council Action: Moved by Council Member Uso, seconded by Council Member
Allevato, and carried unanimously to select Council Member Hribar and the
alternate voting delegate for the League of California Cities 2008 Annual
Conference.
ADJOURNMENT
' There being no further business, Mayor Soto adjourned the meeting at 11:43 p.m. to
Tuesday, August 19, 2008 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public
Business Session in the City Council Chamber.
Respectfully sub��initte v
R. MONAHAN, CITY CLERK
0
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JOE
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