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.
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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.
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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)."
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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