04-0504_CC_Minutes_Regular MeetingMINUTES
May 4, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85:
A Closed Session was held for the following purposes, as authorized by statute:
Pursuant to Government Code section 54956.8, the City Council conferred with
its real property negotiator (City Manager) concerning the renegotiation of terms
of a license agreement for real property described as APN 121-050-19. The
agent for the licensee is John Franks.
2. 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.
Mayor Soto called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:00 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Council Member Swerdlin gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, David M. Swerdlin,
Mayor pro tem Wyatt Hart, and Mayor Joe Soto.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City
Manager; Cynthia L. Russell, Administrative Services Director; John Shaw, City
Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Ray Holland, Interim
Engineering and Building Director; Amy Amirani, Public Works Director; All King, Jr.,
Community Services Director; Lt. J. B. Davis, Chief of Police Services; Douglas
Dumhart, Economic Development Manager; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
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CITY COUNCIL COMMENTS AND ORAL REPORTS
William M. Huber, Assistant City Manager, introduced Ray Holland, the city's newly
seated Interim Engineering and Building Director.
Councilmember Alievato thanked Lt. J. B. Davis for his presentation at the Leadership
Academy and encouraged residents to join the class.
Council Member Swerdlin reported that the Transportation Corridor Agencies are
considering refinancing options for the San Joaquin Transportation Corridor; and the
Chamber of Commerce sponsored a successful golf tournament to raise money for the
Boys and Girls Club.
Mayor Soto recognized Ziad Mazboudi, Senior Civil Engineer, for conducting an
excellent Earth Day celebration. In addition, he attended a drill of the City's Emergency
Operations Center and also attended the 10 -year anniversary celebration of Metrolink,
which brought approximately 1,000 visitors to the City.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King Jr., Community Services Director, announced that National Preservation Week
was currently in progress and featured a presentation by Steve Rios in the Mission
Barracks and a Historic Building Showcase. Upcoming Mission San Juan Capistrano
events include the Capistrano Symphony Pops Concert and KSBR Annual Birthday
Bash.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. RECOGNITION OF LONG-TERM EMPLOYEE CONTINUED TO JUNE 1, 2004
(730.90)
This item was withdrawn from the agenda due to the employee's inability to
attend this meeting.
2. COMMUNITY PRIDE AWARD PRESENTED TO WILLIAM GRIFFITH (610.40)
Douglas Dumhart recognized William Griffith for his successful efforts to
rehabilitate the Esslinger Building and Mayor Soto presented William Griffith with
the Community Pride Award for his contribution toward preserving the historic
treasures in the City.
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I INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart recognized the following individuals in attendance: Gene
Ratcliffe, Planning Commission; Larry Kramer, Transportation Commission; and
Joann de Guevara and Marie Buckner, Housing Advisory Committee.
ORAL COMMUNICATIONS
Hal Longley, City resident, representing his neighborhood, asked Council to endorse
their position and encourage CalTrans to consider their request for a sound wall along
the 1-5 freeway from the Junipero Serra offramp to the Village area to mitigate freeway
noise.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Mayor Soto and
carried unanimously, 5-0, to approve items 1, 2 and 4 through 7 as recommended by
staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF APRIL 6, 2004, APPROVED AS
SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED APRIL 15, 2004, IN THE AMOUNT
OF $932.557.06; AND PAYROLL WARRANTS DATED APRIL 8, 2004, IN THE
AMOUNT OF $250.286.85 RECEIVED AND FILED. (300.30)
This item was voted on separately to allow Committee Member Bathgate to
abstain.
Council Action: Moved by Mayor pro tem Hart, seconded by Mayor Soto,
and carried 4-0-1 (with Council Member Bathgate abstaining) to receive and file
accounts payable warrants dated April 15, 2004, in the amount of $932,557.06;
and payroll warrants dated April 8, 2004, in the amount of $250,286.85.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
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4. CASH BALANCES BY FUND — MARCH 31, 2004, RECEIVED AND FILED
(330.50)
5. REPORT OF INVESTMENTS — MONTH ENDING MARCH 31, 2004, RECEIVED
AND FILED. (350.30)
6. RESOLUTION NO. 04-05-04-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH
APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
IMPROVEMENTS WORK WITHIN TRACT 15771, SUMMERWALK, PH -SJ,
LLC., (THE OLSON COMPANY)" ADOPTED; AUTHORIZING THE RELEASE
OF CORRESPONDING BONDS 35 DAYS AFTER RECORDING; AND THE
CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE OF
COMPLETION WITH THE ORANGE COUNTY RECORDER. (600.30)
7. TERMINATION OF THE BRINE LINE AND OCEAN OUTFALL AGREEMENT
WITH THE SAN JUAN BASIN AUTHORITY APPROVED, REPEALING AN
AUGUST 18, 1981, AGREEMENT BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND SAN JUAN BASIN AUTHORITY PROVIDING FOR TERMS
AND CONDITIONS AFFECTING THE DANA POINT OCEAN OUTFALL; AND
THE OCEAN OUTFALL LINE AGREEMENT WITH SOUTH COAST WATER
DISTRICT APPROVED, REPEALING AN AUGUST 13, 1981, AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST
WATER DISTRICT CONCERNING THE DANA POINT OCEAN OUTFALL.
(600.50)
PUBLIC HEARINGS
SANITARY SEWER MASTER PLAN (CIP NO. 723) CONTINUED TO MAY 18,
2004 (1040.50)
Meg Monahan, City Clerk, requested that this item be continued to allow for
additional public review period of the environmental documents.
Mayor Soto invited the public to provide testimony.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Bathgate and carried unanimously, 5-0, to continue this item, with the
public hearing held open, to the meeting of May 18, 2004.
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RECESS AND RECONVENE
Council recessed at 8:20 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:21 p.m.
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. PLANS AND SPECIFICATIONS FOR THE REMOVAL OF UNDERGROUND
FUEL STORAGE TANKS APPROVED; THE CITY CLERK AUTHORIZED TO
SOLICIT BIDS; AND FUNDS APPROPRIATED (CITY MAINTENANCE YARD)
(600.30)
Description: Per the latest State regulations (SB989), three city -owned
underground fuel tanks are below current standards and have been taken out of
service. The Orange County Health Care Agency (OCHCA) requires the closure
and removal of fueling facilities no longer in use and plans and specifications for
removal are complete and ready for solicitation of bids, Staff recommended that
Council appropriate $65,000 from the Facility Operation Fund Reserve to cover
costs; approve the plans and specifications; and authorize the City Clerk to solicit
bids.
Written Communications: Report dated May 4, 2004, by Amy Amirani, Public
Works Director.
Presentation: Amy Amirani, Public Works Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato and carried unanimously, 5-0, to approve the plans and
specifications; authorize the City Clerk to solicit bids; and appropriate $65,000
from the Facility Operation Fund Reserve to account number 16-65300-4432 for
the removal of underground fuel storage tanks.
G2. CITY MANAGER
a. RESOLUTION NO. 04-05-04-02 ADOPTED OPPOSING SENATE BILL 1327
(KUEHL) CONCERNING PROHIBITING CHANGES TO STATE PARKS
WITHOUT THE APPROVAL OF LEGISLATURE. (660.40)
Description: As identified in the Strategic Transportation Plan adopted by City
Council in October 2002, a priority and necessary element to the City of San
Juan Capistrano's battle against traffic congestion is the completion of the
Foothill Transportation Corridor South. Senate Bill 1327 (Kuehl) seeks to take the
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planning process for the Foothill -South project out of the hands of local
communities and their elected officials. This would give the Legislature the ability
to eliminate an alternative that was previously chosen as the best solution to
address future freeway and arterial congestion without consideration of local
issues. Staff recommended Council adopt a resolution opposing Senate Bill 1327
(Kuehl) concerning prohibiting changes to State Parks without the approval of
legislature.
Written Communications: Report dated May 4, 2004, by William M. Huber,
Assistant City Manager.
Presentation: William M. Huber, Assistant City Manager, summarized the staff
report.
Public Comment:
Jerry Collamer, San Clemente resident, opposed the resolution and supported
SB 1327 because it would slow development of the proposed extension of the
241 Toll Road.
Todd Van Etten, Lake Forest resident, opposed the proposed resolution and
supported SB 1327 because it would preserve existing campgrounds and open
space.
Michael Sappingfield, Mission Viejo resident, representing the Sierra Club,
opposed extension of the 241 Toll Road, which would be facilitated by the
resolution opposing SB 1327 and urged the Council to deny the resolution.
Cathleen Brannon, City resident and Sierra Club member, opposed the extension
of the 241 Toll Road and felt the proposed resolution included inaccurate
information. She asked Council to reject the resolution and support SB 1327.
Janet Bierney, San Clemente resident, supported SB 1327 because it would
preserve existing parkland.
Brittany McKee, Dana Point resident, representing Sierra Club, asked Council to
deny the resolution and support SB 1327 to preserve existing parkland.
Gail Prothero, City resident, requested Council to consider other traffic reduction
plans in lieu of the toll road, support conservation easements, and deny the
resolution opposing SB 1327.
Paul Carlton, San Clemente resident, representing SCORE, opposed the
proposed resolution because SB 1327 would protect existing campgrounds and
recommended opposition to the proposed Rancho Mission Viejo development.
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Marni Magda, Laguna Beach resident, opposed the proposed resolution due to
the impacts of the proposed extension of the 241 Toll Road on water quality, the
environment, state parks, and open space.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin, and carried unanimously, 5-0, to adopt Resolution No. 04-05-
04-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING SENATE BILL 1327
(KUEHL), PROHIBITING CHANGES TO STATE PARKS WITHOUT THE
APPROVAL OF LEGISLATURE."
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:01 p.m. to
Tuesday, May 18, 2004, at 5:00 p.m. for Closed Session, and 7:00 p.m., for the Public
Business Session, in the City Council Chamber.
Respectfully sub
R. MONAHAN, CITY CLERK
: June 1, 2004
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