04-0601_CC_Minutes_Regular MeetingMINUTES
June 1, 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 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 7:07 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; Al King, Jr., Community Services Director; Lt. J. B.
Davis, Chief of Police Services; Douglas Dumhart, Economic Development Manager;
Michael Cantor, Senior Management Analyst; Ziad Y. Mazboudi, Senior Civil Engineer;
and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None (See Minutes for the San
Juan Capistrano Community Redevelopment Agency)
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato thanked Les Blair and the Veterans of Foreign Wars for their
Memorial Day ceremony at the Old Mission Cemetery. He encouraged more children to
attend these events.
06-01-2004
Council Member Swerdlin announced that the Vector of the Month is the Violin Spider.
He also inquired into enforcement of truck traffic on the Ortega Highway. Lt. J. B.
Davis, Chief of Police Services, indicated that enforcement officers are rotated into the
area to perform inspection checkpoints and he would encourage that process to take
place as soon as possible. He offered to prepare a cost analysis for additional
enforcement, including the possibility of sharing costs of a commercial enforcement
officer with San Clemente. There was general consensus among Council Members to
have Lt. Davis proceed with the analysis and provide a report to the Council.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King Jr., Community Services Director, announced that on the weekend of June 12 &
13, the Flower Festival will be held at Mission San Juan Capistrano; on June 16, the
First San Juan Summer Nights concert will be held at Historic Town Center Park; and
on June 19 the Boys & Girls Club will hold their Casino Night at Family Classic Cars. He
encouraged the public to access the City's website for more information.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
CORINA HERNANDEZ RECOGNIZED AS 2004 YOUTH OF THE YEAR
(610.40)
Mayor Soto and Marlene Draper, Vice President of the Capistrano Unified School
District Board of Trustees, recognized Corina Hernandez for her spirit and
contributions to the community and presented her with the Mayor's Award for
2004 Youth of the Year.
2. LONG-TERM EMPLOYEE MARYLIN WOOD RECOGNIZED (730.90)
Molly Bogh, Planning Director, recognized Marylin Wood, Administrative
Secretary, for her 15 years of service to the City and Mayor Soto presented Ms.
Wood with a Certificate of Appreciation.
3. LONG-TERM EMPLOYEE LYNNETTE ADOLPHSON RECOGNIZED (730.90)
Molly Bogh, Planning Director, recognized Lynnette Adolphson, Management
Analyst II, for her 25 years of service to the City, and Mayor Soto presented Ms.
Adolphson with a Certificate of Appreciation.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10):
Mayor pro tem Hart recognized the following individuals in attendance: Gene
Ratcliffe, Planning Commission; Don Tryon and Janet Siegel, Cultural Heritage
Commission; Kathy Hooper, Parks, Recreation and Equestrian Commission; Les
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Blair, Council Liaison to the San Juan Seniors; Gil Jones, former Mayor and his
wife, Millie; Brad Gates, Retired Orange County Sheriff; Dave Doomey, Assistant
Superintendent for the Capistrano Unified School District; and Marlene Draper,
Vice President of the Capistrano Unified School District Board of Trustees.
ORAL COMMUNICATIONS
Stan Wylazlowski, newly appointed Executive Director of the Chamber of Commerce,
introduced himself and announced upcoming Chamber events.
Dusty Ortero, City resident, requested that vacant lot next to Tutor Time be used for a
nonprofit or educational use to benefit the City's youth and not as a commercial site.
CONSENT CALENDAR
Council Action: Moved by Swerdlin, seconded by Council Member Bathgate and
carried unanimously, 5-0, to approve items 1 through 4 and 6 through 8 as
recommended by staff.
MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF MAY 4, 2004, APPROVED AS
SUBMITTED.
3. RESOLUTION NO. 04-06-01-01 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 ON TUESDAY, NOVEMBER 2, 2004, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES" ADOPTED; RESOLUTION NO. 04-06-01-02 ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION AND SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 2, 2004, WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON THAT DATE PURSUANT TO SECTION 1043 OF THE ELECTIONS
CODE" ADOPTED; AND RESOLUTION NO. 04-06-01-03 ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENT
SUBMITTED TO THE VOTERS AT ELECTIONS TO BE HELD ON TUESDAY,
NOVEMBER 2, 2004" ADOPTED. (630.20)
3 06-01-2004
4. RESOLUTION NO. 04-06-01-04 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONCERNING THE STATUS OF THE CIRCULATION ELEMENTS FOR THE
CITY OF SAN JUAN CAPISTRANO AND REVIEW FOR CONFORMANCE
WITH THE COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS (MPAH)"
ADOPTED. (940.45)
5. AMENDMENT NO. 2 TO THE PERSONAL SERVICES AGREEMENT FOR
ADDITIONAL DESIGN SERVICES — LOS RIOS HISTORIC DISTRICT
PARKING LOT, CONTINUED (KHR ASSOCIATES) (CIP NO. 125) (600.30)
Mayor Soto indicated the item would be brought back to another meeting for
consideration.
Council Action: Moved by Mayor Soto, seconded by Council Member
Allevato and carried unanimously, 5-0, to continue Amendment No. 2 to the
personal services agreement for additional design services — Los Rios Historic
District Parking Lot, to a future meeting.
6. ACCOUNTS PAYABLE WARRANTS, DATED MAY 13, 2004, IN THE AMOUNT
OF $444,184.82; AND PAYROLL WARRANTS DATED MAY 6, 2004, IN THE
AMOUNT OF $249,618.99, APPROVED. (300.30)
7. CLAIM OF TERESA TANNER DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
8. CASH BALANCES BY FUND DATED APRIL 30, 2004, RECEIVED AND FILED.
(330.50)
9. REPORT OF INVESTMENTS, MONTH ENDING APRIL 30, 2004, RECEIVED
AND FILED (350.30)
Council Member Swerdlin ascertained that the correct rate of return on City
investments is 1.828%.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro
tem Hart, and carried unanimously, 5-0, to receive and file the Report of
Investments, month ending April 30, 2004.
10. SECOND EXTENSION TO THE EMERGENCY MEDICAL TRANSPORTATION
AGREEMENT WITH MEDIX AMBULANCE SERVICES, INC. FOR A TWO
MONTH PERIOD, COMMENCING ON JULY 1, 2004 THROUGH AUGUST 31,
2004, APPROVED. (600.30)
4 06-01-2004
Council Member Swerdlin ascertained that this agenda item was separate and
distinct from agenda item G1a.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
pro tem Hart, and carried unanimously, 5-0, to approve the second extension to
the Emergency Medical Transportation Agreement with Medix Ambulance
Service, Inc.
PUBLIC HEARINGS
DEVELOPMENT AGREEMENT AMENDMENT, TENTATIVE TRACT MAPS
(TTM) 15609 AND 14196, PACIFICA SAN JUAN (ASSESSOR PARCEL
NUMBERS 666-301-01, 675-081-10, 675-361-01, 05, & 06) (SJD PARTNERS,
LTD.) (A 292 ACRE TRACT BORDERED BY 1-5 TO THE WEST, MEREDITH
CANYON TO THE EAST, CAMINO LAS RAMBLAS TO THE SOUTH, THE
"MESA" TO THE NORTH, AND SURROUNDING THE MCCRACKEN HILL
NEIGHBORHOOD), CONTINUED TO THE JUNE 15, 2004, REGULAR
MEETING. (600.30)
Mayor Soto and Council Member Bathgate recused themselves from
consideration of this agenda item.
Mayor pro tem Hart advised that staff was recommending this item be continued
to allow additional time to address public comments and invited the public to
provide testimony.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato and carried 3-0-2, With Mayor Soto and Council Member
Bathgate abstaining, to continue Development Agreement Amendment, Tentative
Tract Maps (TTM) 15609 and 14196, Pacifica San Juan, to the June 15, 2004,
meeting.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Mayor Soto, Bathgate
RECESS AND RECONVENE
Council recessed at 7:42 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:08 p.m.
06-01-2004
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. INTRODUCTION OF AN ORDINANCE ESTABLISHING NEW PROCEDURES
AND STANDARDS FOR AMBULANCE TRANSPORTATION SERVICES
WITHIN THE CITY APPROVED. (560.40)
Description: Orange County Fire Authority (OCFA) General Counsel
recommends that each member city replace its current ordinance in its entirety
with a Model Ambulance Ordinance provided by the OCFA to provide consistent,
systemwide language among the member cities, as well as governing the
authority for the setting of the Advanced Life Support (ALS) rate, administration
of competitive process, and award of ambulance contracts. Staff recommended
Council approve the introduction and first reading of the Ordinance amending
Title 5 of Chapter 16 of the Municipal Code regarding ambulance services in the
City.
Written Communications: Report dated June 1, 2004, by Michael Cantor, Senior
Management Analyst.
Presentation: Michael Cantor, Senior Management Analyst, reviewed the staff
recommendation.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA,
REPEALING TITLE 5, CHAPTER 16 OF THE MUNICIPAL CODE AND
ESTABLISHING NEW GENERAL OPERATING PROCEDURES AND
STANDARDS FOR AMBULANCE TRANSPORTATION SERVICES WITHIN
THE CITY."
Council Action: Moved by Council Member Bathgate, seconded by Mayor
pro tem Hart, and carried unanimously, 5-0, to approve introduction and first
reading of the Ordinance amending Title 5 of Chapter 16 of the Municipal Code
regarding ambulance services in the City.
b. POTENTIAL CITY HALL RELOCATION SITES SELECTED; AND STAFF
DIRECTED TO FURTHER EVALUATE THE LOCATIONS. (200.30)
Description: In response to Council direction at their December 2, 2003,
meeting, staff estimated space needs, assembled a list of relocation sites, and
developed some funding options. The staff report identified 10 potential
relocation sites, discussed the advantages and disadvantages associated with
each site, and addressed financial considerations. Staff recommended Council
select the Camino Capistrano Tennis Courts, Texaco/Pac Bell Building, and
6 06-01-2004
Serra Plaza Development as potential City Hall relocation sites and direct staff to
further evaluate these locations.
Written Communications: Report dated June 1, 2004, by Douglas Dumhart,
Economic Development Manager.
Presentation: Douglas Dumhart, Economic Development Manager, summarized
the staff report.
Public Comment:
William Griffith, Rivendell Land Co, 31866 Camino Capistrano, encouraged the
City Council to select the Serra Plaza Development for relocation of the City Hall
and asked that the decision be made in a timely manner.
Tom Scott, Camino Real Playhouse, 31776 EI Camino Real, asked that the Pac
Bell Building be referred to as the Camino Real Playhouse and encouraged the
Council to eliminate it from consideration as a potential site for City Hall
relocation.
Council Comment: Council Members agreed that Douglas Dumhart had done
an excellent job researching the sites; that funding of a new city hall should be
innovative and have minimal impact on other city projects; the three sites
recommended by staff were the most viable; and supported further evaluation of
the sites.
Council Action: Moved by Mayor pro tem Hart, seconded by Mayor Soto,
and unanimously carried, 5-0, to select the Camino Capistrano Tennis Courts,
Texaco/Pac Bell Building, and Serra Plaza Development as potential City Hall
relocation sites and direct staff to further evaluate these locations.
G2. ENGINEERING AND BUILDING DIRECTOR
a. 2004-2011 CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
INTRODUCED. (330.40)
Description: Introduction of the City Seven -Year Capital Improvement Program
(CiP), which has been submitted, reviewed and prioritized by the CIP Committee.
A public hearing to receive public comment regarding the CIP will be held on
June 15, 2004. Staff recommended Council review and provide comment on the
CIP.
Written Communications: Report dated June 1, 2004, by William M. Huber,
Assistant City Manager.
7 06-0 1-2004
Correspondence dated May 26, 2004 from Gonzalo A. Covarrubias, M. D., urging
completion of street paving/widening for Malaspina Road.
Presentation: William M. Huber, Assistant City Manager, summarized the staff
report. He will schedule a meeting with Dr. Covarrubias to discuss the subject
project.
Council Comment: Council Members discussed the potential of installing
artificial turf on Stone Field and the joint use sports field at Marco Forster Middle
School. Council directed staff to research the cost of artificial turf and return with
cost estimates.
Council Action: Introduction of the City Seven-year capital improvement
program received, no action taken.
b. INTRODUCTION OF AN ORDINANCE AMENDING THE STORM WATER
QUALITY CONTROL ORDINANCE APPROVED. (1050.80)
Description: Following the City's submittal of its Storm Water Local
Implementation Plan (LIP), staff at the San Diego Regional Water Quality Control
Board directed City staff to revise the LIP to identify the minimum required Best
Management Practices (BMPs) to prevent pollutants from entering City's water
drainage system and add a provision requiring compliance with the BMPs. Staff
has revised the LIP accordingly and recommended Council approve the
Ordinance amending the City's Storm Water Quality Ordinance
Written Communications: Report, dated June 1, 2004, from Ray Holland,
Interim Building and Engineering Director.
Presentation: Ziad Y. Mazboudi, Senior Civil Engineer, reviewed the staff
recommendation.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE WATER QUALITY ORDINANCE, TITLE 8, CHAPTER 14."
Council Action: Moved by Council Member Bathgate, seconded by Mayor
pro tem Hart, and carried unanimously, 5-0, to approve the Ordinance amending
the City's Storm Water Quality Ordinance.
G3 ADMINISTRATIVE SERVICES DIRECTOR
a. RESOLUTION NO. 04-06-01-05 ADOPTED APPROVING AN AMENDED AND
RESTATED JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO
THE PACIFICA SAN JUAN PLANNED DEVELOPMENT. (600.50)
06-01-2004
Mayor Soto recused himself from considering this item. Council Member
Bathgate recused herself due to a working relationship with the consultant for the
school district.
Description: Due to rising property values, the Pacifica San Juan development
will generate significantly more improvement dollars that previously envisioned,
prompting the developer and The Capistrano Unified School District (CUSD) to
request an amendment to the Joint Community Facilities Agreement for
Community Facilities District (CFD 98-1). The project is now able to generate
approximately $27.6 million in funds with a maximum average tax rate of 1.71 %
as opposed to $11.8 million with a maximum average tax rate of 1.7%. The
CUSD, City, and the developer have agreed to share equally in the proceeds of
the amended agreement. Through negotiations with the developer, City staff
arrived at a figure of $850,000 in new funds for the City to be allocated toward
community -wide facilities. Staff recommended the City Council adopt the
Resolution approving the amended and restated Joint Community Facilities
Agreement for Community Facilities District (CFD 98-1).
Written Communications: Report dated June 1, 2004, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, summarized
the staff report.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Swerdlin, and carried 3-0-2, with Mayor Soto and Council Member
Bathgate abstaining, to adopt Resolution 04-06-04-05, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN AMENDED AND RESTATED
JOINT COMMUNITY FACILITIES AGREEMENT AMONG THE CITY OF SAN
JUAN CAPISTRANO, THE CAPISTRANO UNIFIED SCHOOL DISTRICT AND
SJD PARTNERS, LTD., RELATING TO THE PACIFICA SAN JUAN PLANNED
DEVELOPMENT."
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Mayor Soto, Bathgate
9 06-01-2004
b. FISCAL YEAR 2004105 OPERATING FUND BUDGETS INTRODUCED (330.20)
Description: The City's FY 2004105 Operating Budgets provide a financial
guideline for City operations for the coming year and includes the projected costs
for general operations, water and sewer operations, and other programs. Staff
recommends the Introduction of the FY 2004105 Operating Budgets for
discussion and continuation of this item to June 15, 2004, for a public hearing to
receive public testimony and consider adoption of the proposed FY 2004105
Operating Budgets.
Written Communications: Report dated June 1, 2004, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Council Action: Fiscal Year 2004105 operating fund budgets introduction
received, no action taken.
ORDINANCES
ORDINANCE NO. 890 AMENDING SPECIFIC DEVELOPMENT PLAN 92-01
(PLAZA DE LAS GOLONDRINAS) ADOPTED. (410.50) -
Description: A second reading and adoption of the Ordinance is necessary to
amend Specific Development Plan (SDP) 92-01, Plaza de Las Golondrinas.
Written Communications: Report dated June 1, 2004, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SPECIFIC DEVELOPMENT PLAN 92-01 (PLAZA DE LAS
GOLONDRINAS) TO ADD TWO PARCELS TOTALING 0.97 ACRE
GENERALLY LOCATED ON THE NORTH SIDE OF ORTEGA HIGHWAY, 500
FEET EAST OF RANCHO VIEJO ROAD (APN 650-201-14 & 650-201-15)."
Council Action: Moved by Mayor pro tem
Member Bathgate and carried unanimously, 5-0,
amending Specific Development Plan (SDP) 92-01
Hart, seconded by Council
to adopt Ordinance No. 890,
. Plaza de Las Golondrinas.
10 06-01-2004
COUNCILMANIC ITEMS
Dave Adams, City Manager, recognized staff members for their efforts in compiling the
Capital Improvement Project and operating budgets.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 9:16 p.m. to
Tuesday, June 15, 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 submitted,
R. MONAHAN, CITY CLERK
Appr ved: July 6, 2004
11 06-01-2004
NOTICE OF A CONTINUED PUBLIC HEARING
OF THE 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, continued the following Public Hearing
CONSIDERATION OF A DEVELOPMENT AGREEMENT AMENDMENT,
TENTATIVE TRACT MAPS (TTM) 15609 AND 14196, PACIFICA SAN
JUAN (apn 666-301-01, 675-081-10, 675-361-01, 05 & 06) (SJD
PARTNERS, LTD)(A 292 acre tract bordered by 1-5 to the west,
Meredith Canyon to the east, Camino Las Ramblas to the south, the
"Mesa" to the north, and surrounding the McCracken hili
Neighborhood)
From the Regular Meeting of June 1, 2004 at 7:00 p.m., to the Regular Meeting to be
held Tuesday, June 1, 2004 at 7:0 p.m. in the City Council Chamber, 32400 Paseo
Adelanto, San Juan Capistrano.
DATED: jJun2, 2004
rg ,re 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 June 2, 2004 within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
ar aret R. Monahan, City Clerk