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08-0603_CC_Minutes_Regular MeetingMINUTES JUNE 3, 2008 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: None BUSINESS SESSION Mayor Soto called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:32 p.m. in the City Council Chamber. Lt. Col Boggs, Outgoing Commanding Officer of the 1111 Marine Battalion, led the Pledge of Allegiance and Mayor pro tem Nielsen gave the invocation. Mayor Soto dedicated the meeting to the late Joe Drey, former City Planning Commissioner and longtime Rotarian and volunteer, who was recently killed .during a Mini Cooper racing event accident. Mayor Soto extended condolences to his wife Valarie and family on behalf of the City Council and staff. 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 STAFF PRESENT: Dave Adams, City Manager; Cynthia L. Russell, Assistant City Manager; Omar Sandoval, City Attorney; Meg Monahan, City Clerk; Karen Crocker, Community Services Director; Steven A. Apple, Planning Director; Nasser Abbaszadeh, Engineering & Building Director; Lt. Mike Betzler, Chief of Police Services; Grant Taylor, Assistant Planning Director; Eric Bauman, Water Engineering Manager; Steve Montano, Assistant Administrative Services Director; Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Allevato reported attendance at the Veterans of Foreign Wars Memorial Day services; an Orange County Transportation Authority Major Investment Study meeting; and a Cultural Heritage Commission meeting. Council Member Hribar reported attendance at the Memorial Day service; an Open Space Committee meeting; and review of proposed electronic display at the City's Metrolink station. Council Member Uso reported attending the Marine Car Wash. 6-3-2008 Mayor pro tem Nielsen reported attending various meetings with staff, members of the public, and developers. Mayor Soto attended the Relay for Life annual event kick-off; Memorial Day services; Mission School National Food Festival; and funeral services for Joe Drey. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen reported recent committee discussion pertaining to a proposed ballot measure related to open space bond funding; open space survey; Internet blog; and committee efforts to secure Measure M funding related to habitat restoration. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: Historical Society's Mixers; Mission San Juan Capistrano Flower and Garden Show and Symphony Pops concert series; Quetzal performance; City -sponsored business workshop; San Juan Summer Nites Concert series; Shea Center fundraiser and horse show; and a City -sponsored trail ride into the newly purchased open space. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. LONG TERM EMPLOYEE NEIL BRAND RECOGNIZED. (730.90) Cynthia L. Russell, Assistant City Manager, recognized Neil Brand, Water Technician III for his 25 years of service to the City; and Mayor Soto presented him with a certificate of recognition. 2. CERTIFICATE OF RECOGNITION PRESENTED TO SAINT MARGARET'S EPISCOPAL SCHOOL GIRLS LACROSSE TEAM (610.40) Mayor Soto recognized the St. Margaret's Tartans Girls Varsity Lacrosse Squad and coaches for winning the South County and Southern Section Championships. 3. LT. COL BOGGS PRESENTATION RECEIVED. (610.40) Dave Adams, City Manager, recognized Lt. Col. Phillip Boggs, Outgoing Commander and Gunnery Sergeant Javier Marquez, outgoing Battalion Sergeant Major, of the 1111 Marine Regiment, Camp Pendleton, their contributions toward the City's successful sponsorship of the battalion. Col. Phillip Boggs introduced Lieutenant Colonel Robert L. Manion, incoming Commanding Officer and Michael E. Gonzales, incoming Sergeant Major. Council Members Hribar and Allevato presented recognition certificates to the outgoing officers. 6 -3 -loos 4. STATUS REPORT RECEIVED CONCERNING METHYL TERTIARY BUTYL ETHER (MTBE) TESTING AND REMEDIATION CONDUCTED BY CHEVRON (530.25) Natasha Molla, representing Chevron, provided the updated status of their efforts pertaining to testing and remediation. 5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Nielsen introduced the following individuals in attendance: Joanne Marquez, Housing Advisory Committee and Diane Bathgate, former Mayor. ORAL COMMUNICATIONS Kimberly Rodriguez, City resident representing CREER and Orange County Congregation Community Organization (OCCCO), discussed groups supporting the construction of a skate park for the City's youth, described benefits the City will realize, and submitted letters and petition in support. Julio Oceguera, City resident and professional skater, supported a local skate park to save on traveling expenses, and provide a family-oriented activity for the City's youth population. Jose Moniot, City resident, supported a skate park as positive activity to prevent gang affiliation. Bradley Reyes, City resident, submitted a petition from Marco Forster Middle School signed by kids in support of a skate park, and promoted the park as a safe recreation alternative for kids. Sonia Reyes, City resident, supported a skate park to allow kids to skate in a safe, centrally located location. Oscar Gomez, City resident, supported the skate park to give kids something to do instead of being enticed to do drugs out of boredom. Ulysses Alvarez, City resident, supported a skate park that would be close and accessible to kids to keep them out of trouble and let the kids in the community know they are wanted and important. He personally does not skate, but sees the benefit the park can provide for others; and commended the kids for their leadership and efforts to encourage the City to build a skate park. Jose Frias, City resident, requested construction of a skate park to support the City's skaters, just like the City constructed facilities for all the other sports played by residents. 3 6-3-2008 Joanne Marquez, City resident, supported the kids' requests for a skate park and commended them for their behavior and articulate comments this evening. She supports the park as an investment in the future of the City's youth population. Joan Irvine Smith, City resident, discussed the recent Achievement Athelie Clarke Award Luncheon, presented invitations to the National Water Research Institute Award Ceremony; inquired into the status of the Ortegal1-5 interchange environmental documentation; and the Ortega widening. Nasser Abbaszadeh, Engineering & Building Director, provided a status report and will inquire into the number of comments received for the environmental documentation. CONSENT CALENDAR Council Action: Moved by Council Member Uso, seconded by Mayor pro tem Nielsen, and carried unanimously, 5-0, to approve items 1, 3 through 6, 8, 9, and 10 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. COUNCIL PROVIDED DIRECTION FOR REVISIONS TO THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 6, 2008; AND REVISIONS TO BE PREPARED FOR THE JUNE 17, 2008 MEETING. This item was removed from the Consent Calendar by Council Member Hribar to suggest revisions. City Clerk's office will clarify the minutes' language and resubmit for approval at the June 17, 2008, regular meeting. Council Action: No council action; staff to make revisions and return minutes for re -consideration. 3. MINUTES OF THE JOINT CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BUDGET WORKSHOP MEETING OF MAY 14, 2008, APPROVED AS SUBMITTED. 4. ACCOUNTS PAYABLE WARRANTS DATED MAY 22, 2008, IN THE TOTAL MOUNT OF $1,740,051.76; AND PAYROLL WARRANTS DATED MAY 16, 2008, IN THE TOTAL AMOUNT OF $288,387.74, RECEIVED AND FILED. (300.30) 5. CASH BALANCES BY FUND, DATED APRIL 30, 2008, RECEIVED AND FILED. (330.50) 6. CLAIM OF LYON MANAGEMENT GROUP, DBA CAPISTRANO POINTE APARTMENTS, DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.10) 4 6-3-2008 1 7. PLANS AND SPECIAL PROVISIONS FOR THE CONSTRUCTION OF IMPROVEMENTS TO SAN JUAN CREEK CHANNEL, (FACILITY NO. L01) WEST BANK LEVEE PROTECTION PHASE 1 APPROVED. (830.10) This item was removed from the Consent Calendar by Council Member Hribar for clarification. Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato and carried unanimously, 5-0 to approve Plans and special provisions for the construction of San Juan Creek Channel (Facility No. L01) West Bank Levee Protection Phase I — from 1,700 feet upstream of Stonehill Drive to 5,700 feet upstream of Stonehill Drive. 8. NEW DEVELOPMENT APPLICATIONS STATUS REPORT, MONTH ENDING MAY 15, 2008, RECEIVED AND FILED. (440.10) 9. REPORT OF INVESTMENTS — MONTH ENDING APRIL 30, 2008, RECEIVED AND FILED. (350.30) 10. ONE YEAR CONTRACT FOR THE 2008 4TH OF JULY CELEBRATION FIREWORKS SKY CONCERT, IN THE AMOUNT OF $30,000, AWARDED TO PYRO SPECTACULARS, INC. (600.30) 11. EMERGENCY INTERCONNECTION AGREEMENT WITH SOUTH COAST WATER DISTRICT (SCWD) AT PALO ALTO STREET AND STONEHILL STREET APPROVED. (600.50) This item was removed from the Consent Calendar by Mayor pro tem Nielsen for discussion. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and carried unanimously, 5-0, to approve Emergency Interconnection agreement with South Coast Water District (SCWD) at Palo Alto Street and Stonehill Street approved; authorize the Mayor to execute the agreement; and direct the City Clerk to process the recording of the document. PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 7:55 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting .and reconvened at 8:15 p.m. 5 6-3-2008 ADMINISTRATIVE ITEMS G1. PUBLIC WORKS DIRECTOR a. RESOLUTION NO. 08-06-03-01 ADOPTED APPROVING AGREEMENTS RELATED TO THE ORTEGA HIGHWAY 12 -INCH POTABLE LINE (CIP NO. 754) (600.30) Description: The March 2004 Domestic Water Master Plan, adopted by the City in May 2008, includes completion of a 12 -inch pipeline along Ortega Highway. Completion of the pipeline design has been delayed in order to coincide with the expansion of the Ortega Highway currently being conducted by Caltrans and Orange County, and is now ready to move forward. The Environmental Administrator has reviewed the project and determined it qualifies for issuance of a Mitigated Negative Declaration, and the County of Orange has agreed to act as Construction Manager for the construction of the roadway. Staff recommended council adopt a resolution approving adoption of the Mitigated Negative Declaration for the Ortega Highway 12 -inch potable line (CIP#754); approve the contract with the County of Orange to perform construction management services for the 12 -inch potable line; and approve the plans and specifications for bid. Written Communications: Report dated June 3, 2008, by Eric Bauman, Water Engineering Manager. Presentation: Eric Bauman, Water Engineering Manager, summarized the staff report. Council Action: Moved by Council Member Allevato, seconded by Council Member Uso and carried unanimously, 5-0, to adopt Resolution No. 08-06-03- 01, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF A PROJECT STUDY REPORT AND CONCEPTUAL DESIGN PLANS FOR THE CONSTRUCTION OF A 12 -INCH POTABLE WATER PIPELINE (SAN JUAN CAPISTRANO ORTEGA HIGHWAY PIPELINE PROJECT);" approve contract with the County of Orange to perform construction management services for the 12 -inch potable line; and approve the project plans and specifications for bid. G2. ENGINEERING & BUILDING DIRECTOR a. RESOLUTION NO. 08-06-03-02 ADOPTED APPROVING THE 2008-2015 CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM PROJECTS AND BUDGET ALLOCATIONS (330.40) 6-3-2008 Description: Each year the City develops a seven year Capital Improvement Program (CIP) that provides consistency with State Congestion Management Program and County Measure M Program requirements. Projects have been submitted, reviewed, and prioritized by the CIP Committee. Staff recommended Council adopt the resolution approving the 2008-2015 Capital Improvement Program. Written Communications: Report dated June 3, 2008, by Jill Thomas, Management Analyst it. Supplemental Agenda Report dated June 3, 2008, by Jill Thomas, Management Analyst ll. Letter dated May 30, 2008, from Sister Martha Ann Fitzpatrick, CSJ, Mission Hospital/St. Joseph Health Systems, supporting a skate park to provide exercise and improve health of the City's youth. Presentations: Nasser Abbaszadeh, Engineering & Building Director, summarized the staff report. Karen Crocker, Community Services Director, participated in discussion concerning potential financing, sponsorship, identifying location, and construction of a skate park; and options being considered to provide community pool time. Eric Bauman, Water Engineering Manager, responded to questions concerning recycled water conveyance plans, noting that only the largest and most easily accessible consumers will be connected, with connections established as each stage of pipe construction is completed. Council Comments: Council Members unanimously agreed to support including construction of a skate park as a priority for the next fiscal year; and established certain projects, including study to consider construction of a community pool, replacement of the sidewalk crosswalk system on Camino Capistrano, installation of stoplight on Rancho Viejo Road, and recycled water pipeline construction, would come back before Council for consideration prior to proceeding. Council Actions: Moved by Council Member Hribar, seconded by Mayor Soto, and carried unanimously, 5-0, to establish construction of a skate park as a Fiscal Year 2008-2009 City Council Priority. 7 6-3-2008 Moved by Mayor pro tern Nielsen, seconded by Council Member Uso, and carried unanimously 5-0, to adopt Resolution No. 08-06-03-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED TO THE 2008-2015 CITY SEVEN- YEAR CAPITAL IMPROVEMENT PROGRAM," approved with the understanding that all CIP projects subject to Council Member concerns, as raised through current meeting discussion, are to return for further Council consideration prior to proceeding. G3. ADMINISTRATIVE SERVICES DIRECTOR a. RESOLUTION NO. 08-06-03-03 ADOPTED APPROVING THE FISCAL YEAR 200$-2009 OPERATING FUND BUDGETS WITH REVISIONS. (330.20) Description: The Fiscal Year 2008109 operating budgets provide financial guidelines for City operations in the coming year. These budgets include the projected costs for general operations, water and sewer operations, funds and other programs. Staff recommended Council adopt a resolution approving the Fiscal Year 2008109 Operating Budget. Written Communications: Report dated ,tune 3, 2008, by Steve Montano, Assistant Director of Administrative Services. Presentations: Steve Montano, Assistant Director of Administrative Services, summarized the staff report. Council Discussion: Lt. Mike Betzler, Chief of Police Services, in response to questions, advised neither San Clemente nor Dana Point are interested in sharing sheriff supervisory duties at this time; and noted that Carrie Bertini, school principal, gave credit to the Pepperdine Gang Prevention Program for being effective in school counseling and gang diversion programs. Cindy Russell, Assistant City Manager, speculated that certain park repairs could be funded as beautification items through the Community Redevelopment Agency; agreed with Council that funds designated for the Lew Edwards contract could be transferred to the City's public relations consultant; and advised that grant writing and lobbying efforts have not been reduced and are moving forward to obtain funding for programs. Mayor pro tem Nielsen suggested using surplus funds to expend $30,000 for the — Pepperdine Gang Prevention. Program, and $18,000 for staff conference and training. 6-3-2008 Council Member Hribar suggested adding $15,000 into the public relations budget and discussion ensued. Mayor Soto did not support this suggestion due to prior decisions to reduce the budget expense. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and carried 4-1, with Mayor Soto opposed, to adopt Resolution No. 08-06-03-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE FISCAL YEAR 2008/2009 OPERATING BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO," revised to add in $30,000 for the Pepperdine Gang Prevention Services agreement and $18,000 for the staff conference and training. ROLL CALL AYES. COUNCIL MEMBERS: Hribar, Nielsen, Uso, Allevato NOES: COUNCIL MEMBERS: Mayor Soto ABSTAIN: COUNCIL MEMBERS: None ORDINANCES 1. SECOND READING AND ADOPTION OF ORDINANCE NO. 938 ADOPTING CODE AMENDMENT (CA) 07-02 CODE PERTAINING TO ZONING PROCEDURES, ADMINISTRATION AND SUBDIVISIONS AND DEFINITIONS APPROVED. (MUNICIPAL CODE SECTIONS 9-1; 9-1; 9-3; 9-4, AND APPENDIX) (420.30) DescriRtion: Staff recommended second reading and adoption of the ordinance adopting Code Amendment (CA) 07-02 Code pertaining to Zoning Procedures, Administration and Subdivisions, and Definitions. Written Communications: Report dated June 3, 2008, by Meg Monahan, City Clerk. Meg Monahan, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Hribar, seconded by Council Member Uso and carried unanimously, 5-0, to approve second reading and adoption of Ordinance No. 938, entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING CODE AMENDMENT (CA) 07-02 (TITLE 9, LAND USES RELATED TO ZONING PROCEDURES, ADMINISTRATION, SUBDIVISIONS AND DEFINITIONS SET FORTH IN SECTION 9-1, 9-2, 9-3, 9-4 AND APPENDIX)." 6 -3 -loos COUNCILMANIC ITEMS Council Members concurred to direct staff to prepare an agenda item pertaining to Capistrano Unified School District's proposed fence installation at the terminus of Camino Lacouague. ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 10:11 p.m. to Tuesday, June 17, 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 s MONAHAN, CITY CLERK : July 1, 2008 AT -TEST: JOE SO/TO, MAYOR 10 6-3-2008