07-0605_CC_Minutes_Regular Meeting6-5-2007 1
MINUTES
JUNE 5, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION
Mayor Allevato called the Closed Session of the City Council of the City of San Juan
Capistrano to order at 5:37 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen
Mayor pro tem Joe Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Meg Monahan, City Clerk.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code Section 54956.9, the City Council was scheduled
to confer with its legal counsel regarding the status of a claim filed by ECO
Systems, Inc. – This item was not discussed.
2. Pursuant to Government Code Section 54957, the City Council reviewed the
performance of the City Clerk.
Mayor Allevato invited the public to provide comment. There was no public
comment and the meeting was moved to Closed Session chambers.
RECESS UNTIL 7:00 P.M.
BUSINESS SESSION
Mayor Allevato reconvened 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
Hribar led the Pledge of Allegiance and Mayor pro tem Soto gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen,
Mayor pro tem Joe Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
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STAFF PRESENT: Dave Adams, City Manager; William M. Huber, Assistant City
Manager; Omar Sandoval, Deputy City Attorney; Meg Monahan, City Clerk; Cynthia L.
Russell, Administrative Services Director & Interim Public Works Director; Nasser
Abbaszadeh, Engineering & Building Director; Steve Apple, Planning Director; Karen
Crocker, Community Services Director; Lt. Mike Betzler, Chief of Police Services; Steve
Montano, Assistant Director of Administrative Services; Douglas Dumhart, Economic
Development Manager; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported attending a Government Leaders’ prayer breakfast; two
Traffic Solutions subcommittee meetings with Orange County Transportation Authority
representatives and Mission Viejo representatives; Laguna Niguel Ridgeline Impacts
subcommittee meeting with Laguna Niguel representatives; Mammoth Equities signage
meeting; and attending a Capistrano Unified School District Board meeting in an
unofficial capacity.
Council Member Nielsen reported attending Traffic Solutions subcommittee meetings
with Orange County Transportation Authority representatives and Mission Viejo
representatives; Government Leaders’ prayer breakfast; Wall of Recognition
presentation; a JSerra site review concerning the pending appeal of the signage and
scoreboard ruling; and he announced the move of Ventana, a venture capital firm, to the
City.
Council Member Hribar reported attending a meeting for the Marine 1/11 Battalion
Adoption Committee in preparation for the June 23, 2007 Community Appreciation
Picnic and participating in a skit at the Community Playhouse. He also attended a
Department of Boating and Waterways reception at Dana Point Harbor; an address by
Tony Ferruzzo, Principal for the San Juan Hills High School; the Veterans of Foreign
Wars Memorial Day ceremonies; and the Wall of Recognition presentations.
Mayor pro tem Soto reported attending the reception at the Dana Point Harbor by the
Department of Boating and Waterways; a Downtown Parking Study presentation; an
Associated Seniors Action Program luncheon; a Beautification Program Funding
Review meeting; and a luncheon honoring seniors over 90 years of age.
Mayor Allevato reported attending Transportation Corridor Agency budget meetings; the
Veteran of Foreign Wars Memorial Day service; meeting with Rancho Mission Viejo
representatives regarding Planning Area #1 of the Ranch development; a meeting with
Silverado Senior Living facility to discuss emergency planning and training for safety
officers; the Wall of Recognition presentation to honorees; dedication of the Whispering
Hills Trail; JSerra site review preparing for their signage appeal; and announced
upcoming meetings of the Marine 1/11 Battalion Adoption subcommittee; the
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JourneySafe Walkathon, and Eagle Scout Court honoring Ryan Pickle, who installed the
Freedom Flag on the City’s ridgeline.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen announced that the June 11, 2007, meeting of the Open
Space Committee is canceled to allow the subcommittees an opportunity to complete
their work; and the next Open Space Committee meeting is scheduled for July 9, 2007
at 7:00 p.m. in the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Mission San Juan Capistrano Garden, Flower and Art Show; a
forum concerning teen at-risk behavior sponsored by the Orange County Sheriff’s
Department and the cities of San Juan Capistrano and Mission Viejo; and a Shea
Therapeutic Riding Center benefit. She encouraged residents to apply as Adult Advisors
to the Youth Advisory Board.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE STACIE SHEEK RECOGNIZED. (730.90)
Cynthia L. Russell, Administrative Services Director, recognized Stacie Sheek for
her 20 years of service to the City; and Mayor Allevato presented her with a
Certificate of Recognition.
2. PADRE JUNIPERO SERRA TRAIL RIDERS, AKA LAS TORTUGAS,
PRESENTED DONATION TO THE 1/11 ADOPTION COMMITTEE PICNIC
(610.40)
Joel Vath, El Presidente, representing the Padre Junipero Serra Trail Riders,
AKA Los Tortugas, presented Mayor Allevato with a $1,500 donation to the
Marine 1/11 Battalion Committee to benefit the Battalion.
3. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Don
Tryon, Cultural Heritage Commission; and Robert Cardoza, Planning
Commission.
ORAL COMMUNICATIONS
Lennie Decaro, City resident, requested the reference to the Orange County Fire
Authority (OCFA) supporting the widening of Ortega Highway be retracted from the May
1, 2007 minutes as her research indicated the OCTA held no formal or official position
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on the matter and they were unaware of design constraints. Mayor Allevato responded
that because of his long career in public safety, he had requested Chief Prather to
weigh-in on the matter to allow the information to be part of the project discussion.
Jim Vance, City resident, representing the Capistrano Terrace Mobile Home Park,
provided updated information concerning the park owner’s communication that they are
proceeding with closing the park while the residents are pursuing purchasing the park.
Don Tryon, City resident, invited all to attend the Historical Society Mixer to be held on
Thursday, June 7, 2007.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso,
and carried unanimously, 5-0, to approve items 1 through 4 and 7 through 9 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF MAY 1, 2007, APPROVED AS
SUBMITTED.
3. NEW DEVELOPMENT APPLICATIONS STATUS REPORT – MONTH ENDING
MAY 15, 2007, RECEIVED AND FILED. (440.10)
4. AGREEMENT WITH THE SAN JUAN CAPISTRANO CHAMBER OF
COMMERCE FOR VISITOR INFORMATION SERVICES, FOR FISCAL YEAR
2007-2008, IN THE AMOUNT OF $27,040, APPROVED. (600.30)
5. SECOND AMENDMENT TO THE LICENSE AGREEMENT WITH STROSCHER
ENTERPRISES CONCERNING THE FORMER WALNUT GROVE
RESTAURANT SITE TERMINATED; FUNDS TO OVERLAY THE CAPISTRANO
DEPOT NORTH PARKING LOT TRANSFERRED; AND STAFF DIRECTED TO
RETURN CONCERNING POTENTIAL PARKING ALTERNATIVE. (APN 124-
170-12) (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
to establish that the increased cost in comparison to previously constructed
parking lots is due to the number of parking stalls triggering costly water quality
control measures, and increased materials and overhead costs. Council
Members agreed to direct staff to research using the lot in its present state and
report back.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Nielsen and carried unanimously, 5-0, to approve termination of Second
amendment to the License Agreement with Stroscher Enterprises for a temporary
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public parking lot at the former Walnut Grove Restaurant; transfer of $55,000 of
budgeted funds to overlay the Capistrano Depot North Parking Lot; and direct
staff to return to Council with potential cost of using the paved portion of
Stroscher Enterprises property, in its present state, for overflow parking.
6. CLAIMS OF VICTORIA FLETCHER AND THOMAS HARTMAN AGAINST THE
CITY DENIED. (170.10)
This item was removed from the Consent Calendar by Mayor Allevato to request
that staff return with potential alternatives to the La Novia median markings.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to deny the claims against the City of
Victoria Fletcher and Thomas Hartman, based upon the investigation and
recommendation of the City’s insurance adjuster, Carl Warren & Company; and
direct staff to report to Council regarding alternative materials to Botz Dots.
7. ACCOUNTS PAYABLE WARRANTS DATED MAY 10, 2007, IN THE TOTAL
AMOUNT OF $1,929,144.55; AND PAYROLL WARRANTS DATED MAY 4 AND
MAY 18, 2007, IN THE TOTAL AMOUNT OF $602,695.30, RECEIVED AND
FILED. (300.30)
8. REPORT OF INVESTMENTS – MONTH ENDING APRIL 30, 2007, RECEIVED
AND FILED. (350.30)
9. CONTRACT WITH PYRO SPECTACULARS, INC. FOR THE 2007 4TH OF
JULY CELEBRATION FIREWORKS SKY CONCERT IN THE AMOUNT OF
$29,000 APPROVED. (600.30)
10. MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY
COUNCIL OF MAY 9, 2007, APPROVED WITH REVISION.
This item was removed from the Consent Calendar by Council Member Nielsen
for revision.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Nielsen and carried unanimously, 5-0, to approve the Minutes of the
Adjourned Regular meeting of the City Council of May 9, 2007, with revision to
the second to the last paragraph on page 2, first line, replacing the word “grant”
with “CIP.”
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PUBLIC HEARINGS
1. RESOLUTION NO. 07-06-05-01 ADOPTED APPROVING THE FISCAL YEAR
2007-2008 OPERATING FUND BUDGETS. (330.20)
Description: The City’s FY 2007/08 operating budgets provide the financial
guideline for City operations in the coming year. The budgets include projected
costs for general operations, water and sewer operations, and other programs.
Overall, the City’s financial outlook is stable and current year expenditures are for
the most part able to be funded with the current revenues and proposed utility
rate increases. Reserves balances are also sufficient to meet the City’s needs
and provide funding for future projects. Staff recommended Council adopt a
resolution approving the Fiscal Year 2007/08 Operating Fund Budgets.
Written Communications: Report dated June 5, 2007, by Steve Montano,
Assistant Director of Administrative Services.
Presentations:
Steve Montano, Assistant Director of Administrative Services, summarized the
staff report.
Cindy Russell, Administrative Services Director, responded to questions
concerning water and sewer utility rate issues, including Proposition 218
requirements, rate restructuring options, and utility increase alternatives.
Lt. Mike Betzler, Chief of Police Services, addressed police services budget
issues, which have not been finalized and are contingent on personnel, fuel, and
equipment cost increases.
Mayor Allevato opened the public hearing.
Public Testimony:
Dusty Otero, City resident, suggested the City consider performing tree trimming
and red curb painting tasks every other year, instead of annually, to save money.
Mayor Allevato closed the public hearing.
Council Comments:
Council Member Nielsen ascertained that parking revenues at the downtown
parking structure do not cover the City’s cost to lease the facility. Dave Adams,
City Manager, stated that the parking rates for train commuters have not been
increased in many years; and the fees will be considered as part of the
downtown parking study currently underway.
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Council Member Uso supported decreased expenses and increased revenues to
build a balanced, strong, and healthy economy for the City. He supported
charging customers the actual costs for services and reestablishment of
reserves.
Council Member Nielsen endorsed elimination of City subsidies which are
creating an artificial situation and draining the City’s reserves. He supported
increasing sewer fees to reflect the actual costs; increasing water rates based on
the cost to provide service to customers and to encourage water conservation
and make the system more equitable; and establishing parking fees that at least
cover the cost of providing service. He suggested a future discussion of the
City’s tree trimming costs and methods.
Council Member Hribar commended staff for their hard work on the budget
documents and encouraged study of economic development and increasing
sales tax revenue.
Mayor pro tem Soto commended staff for all their hard work; supported a close
look at parking structure fees; and a phased-in approach to increasing water and
sewer fees to cover the cost of providing services.
Mayor Allevato supported a business-friendly approach to encourage more sales
tax generating businesses while retaining our unique character; and a phased-in
approach to sewer and water rates.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to adopt Resolution No. 07-06-05-
01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE FISCAL YEAR
2007/2008 OPERATING BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO;” staff directed to return to Council
with recommendations for increasing sewer fees to reduce deficit spending in the
sewer fund prior to Proposition 218 proceedings; and staff to return to Council
with recommendations for increasing commuter parking rates to cover the cost of
providing service.
2. RESOLUTION NO. 07-06-05-02 ADOPTED APPROVING THE 2007-2014
CAPITAL IMPROVEMENT PROGRAM WITH REVISIONS. (330.40)
Description: Each year the City develops a seven-year Capital Improvement
Program to provide consistency with the requirements of the State Congestion
Management Program and the County Measure M Program. The CIP Project
Committee, consisting of representatives of each of the City Departments, met to
review and prioritize the projects based on set criteria. The draft Seven-Year
Capital Improvement Program has been revised in response to feedback
provided by Council at the May 9, 2007, Budget Workshop. Staff recommended
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Council adopt the resolution approving the 2007-2014 Capital Improvement
Program.
Written Communications: Report dated June 5, 2007, by Jill Thomas,
Management Analyst II.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, reviewed the
staff recommendation.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Comments:
Council Member Nielsen clarified the presence of projects on the list do not
indicate the individual projects have been approved by the City Council, and the
projects will come back to Council for approval.
Mayor Allevato established there are funds available from the Rancho Mission
Viejo Project to upgrade the Ortega Highway widening improvements proposed
by Caltrans.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried unanimously, 5-0, to adopt Resolution No. 07-06-05-
02, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES RELATED TO THE 2007-2014 CITY SEVEN-
YEAR CAPITAL IMPROVEMENT PROGRAM,” revised to add at the end of the
6th paragraph “…as follows (subject to individual CIP projects, above $125,000,
to come back to the City Council for project approval.)”
RECESS AND RECONVENE
Council recessed at 9:26 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:33 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. PERSONAL SERVICES AGREEMENT WITH KT COMMUNITY RELATIONS TO
PROVIDE PUBLIC RELATIONS AND COMMUNITY LIAISON SERVICES
APPROVED. (600.30)
Description: Staff solicited six (6) Requests for Proposals from qualified
consultants to provide a variety of public relations and community liaison services
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for the City. The Assistant City Manager, Administrative Services Director, and
the Chief of Police Services reviewed the two (2) proposals received and
determined KT Community Relations best meets the proposal requirements and
needs of the City. Staff recommended Council approve a personal services
agreement with KT Community Relations to provide public relations and
community liaison services.
Written Communications:
Report dated June 5, 2007, by William M. Huber, Assistant City Manager.
Emails dated April 23 & 24, 2007, from Mary Adams Urashima, Urashima and
Associates, indicating the hourly rate offered by the City is insufficient.
Letter dated June 4, 2007, from Jim Graves requesting support of his proposal to
provide public relations services.
Letter dated May 22, 2007, from Katherine Holman, Ortega Equestrian Center,
recommending Kelly Tokarski of KT Community Relations due to her excellent
qualities and proven history with the City.
Email dated June 5, 2007, from Collene Campbell, City resident, recommending
Kelly Tokarski of KT Community Relations due to her excellent skills and proven
benefit to the community.
Presentation: William M. Huber, Assistant City Manager, reviewed the staff
recommendation.
Public Comment:
Karen Richesin, speaking on behalf of Charles Varga, President of the Board of
Directors, read a letter in support of retaining KT Communications for the City’s
public relations and community liaison consultant.
Don Tryon, City resident, felt KT Communications was doing an excellent job and
was the best choice due to their knowledge of the City and on-going volunteer
efforts to assist with City functions.
Council Comment:
Council Member Nielsen ascertained that the proposed contract allows either
party to terminate the contract in 30 days for any reason with 10 day termination
for cause; and the contract is for a one-year period with four renewal
opportunities. He acknowledged the excellent work Kelly Tokarski has performed
for the City in the past, but would like staff to consider doing the work in-house or
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by alternative, more cost-effective methods. He supported the contract for the
next year, but was hesitant to commit to the four year renewal options.
Mayor Allevato commended Kelly Tokarski for her invaluable assistance in
performing his mayoral duties. He felt the work she performs goes above and
beyond her compensation.
Council Actions:
Moved by Council Member Nielsen to revise the contract to approve it for a one-
year period with stipulation the contract would come back to the City Council
each year for renewal, instead of allowing the City Manager the authority to
renew. This motion died for lack of a second.
Moved by Council Member Hribar, seconded by Mayor pro tem Soto and carried
3-1-1, with Council Member Nielsen opposed and Council Member Uso
abstaining, to approve a Personal services agreement with KT Community
Relations, to provide public relations and community liaison services, in the
amount not to exceed $57,840 for a one year period, with possible extension up
to 4 one year periods.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Nielsen
ABSTAIN: COUNCIL MEMBERS: Uso
G2. CITY CLERK
a. FIRST READING AND INTRODUCTION OF AN ORDINANCE UPDATING THE
MUNICIPAL CODE RELATED TO THE GENERAL MUNICIPAL ELECTION
DAY. (630.40)
Description: The City’s Municipal Code Section related to the date of the City’s
General Municipal Election requires updating in response to technical changes to
the State Elections Code. Staff recommended Council approve first reading and
introduction of an ordinance to clearly define the date and is consistent with
current State code.
Written Communications:
Report dated June 5, 2007, by Meg Monahan, City Clerk.
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Supplementary Agenda Report dated June 5, 2007, 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 MUNICIPAL CODE SECTION 2-4.201.”
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Nielsen and carried unanimously, 5-0, to approve the ordinance
updating the Municipal Code related to the General Municipal Election Day.
ORDINANCES
1. SECOND READING AND ADOPTION OF ORDINANCE NO. 923 DESCRIBING
THE COMMUNITY REDEVELOPMENT AGENCY’S PROGRAM TO ACQUIRE
REAL PROPERTY BY EMINENT DOMAIN WITHIN THE CENTRAL PROJECT
AREA APPROVED. (670.40)
Description: Staff recommended Council approve second reading and adoption
of the ordinance describing the Community Redevelopment Agency’s program to
acquire real property by eminent domain within the Central Project Area.
Written Communication: Report dated June 5, 2007, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously, 5-0, to approve second reading and
adoption of the Ordinance No. 923 entitled, “AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DESCRIBING THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY’S PROGRAM TO
ACQUIRE REAL PROPERTY BY EMINENT DOMAIN WITHIN THE CENTRAL
REDEVELOPMENT PROJECT AREA AS REQUIRED BY SECTION 33342.7 OF
THE CALIFORNIA HEALTH AND SAFETY CODE,” describing the Community
Redevelopment Agency’s program to acquire real property by eminent domain
within the Central Project Area.
COUNCILMANIC ITEMS
Mayor Allevato shared a recent report from the Orange County Fire Authority and their
efforts to locate an injured cyclist on a city trail, supporting the need for better trail
signage.
Council Member Uso requested the Council discuss taking a position concerning certain
sitting Capistrano Unified School District trustees in light of recent criminal charges.
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Mayor Allevato felt it was premature to discuss the matter due to continuing
investigations and potential additional indictments.
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 10:06 p.m. to
Tuesday, June 19, 2007, 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,
_________________________________
MARGARET R. MONAHAN, CITY CLERK
Approved: July 3, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR