07-0116_CC_Minutes_Regular MeetingMINUTES
' JANUARY 16, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) - None
Mayor Allevato called the 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, Mark Nielsen, Dr. Londres Uso,
Mayor pro tem Joe Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Bill Huber, Assistant City Manager;
John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Administrative
Services Director; Nasser Abbaszadeh, Engineering & Building Director; John Elwell,
Interim Public Works Director; Karen Crocker, Community Services Director; Bill
Cunningham, Interim Planning Director; Lt. Mike Betzler, Chief of Police Services;
' Douglas Dumhart, Economic Development Manager; Ziad Mazboudi, Senior Civil
Engineer; Jack Galaviz, Public Works Manager; Michael Cantor, Senior Management
Analyst; Kathleen Springer, Management Analyst Il; and Eileen White, Recording
Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Members Uso, Nielsen, and Hribar reported attendance at the League of
California Cities New Council Member Training in Sacramento, which provided
information on basics of public administration, information on available funding for
various city needs, and ethics training.
Council Member Hribar reported speaking to the Governmental Relations Board for the
Orange County Association of Realtors on volunteerism; toured the Orange County
Animal Shelter operations with Executive Director, Jennifer Phillips; and a meeting with
Tom Rosales, Executive Director, South Orange County Wastewater Authority.
Mayor pro tem Soto attended a recent Orange County Public Library Advisory Board
meeting; announced the pending retirement of John Adams, Executive Director of the
Board, and announced recently elected officers of the Board. He attended a ribbon
' cutting ceremony for O'Connor Mortuary and Birtcher Anderson Real Estate Group.
1-16-2007
Mayor Allevato announced participating in the same ribbon cutting ceremony including --
Iverson Orthodontics; recent appointment to the Great Park Advisory Council; received
a briefing on Planning Area I for Rancho Mission Viejo; and congratulated Lt. Mike
Betzler, Chief of Police Services, for a local 6% reduction in Part I crimes, which
includes violent crimes.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Nielsen announced the upcoming meeting of the Northwest Strategies
Committee on Monday, January 29, 2007. The meeting will include discussion of the
survey and focus group results.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events: A free train ride day sponsored by Metrolink; Capistrano Animal Rescue Effort
(CARE) Car Show; the Woman's Club Mardi Gras Dinner; and a San Juan Senior's
program.
INTRODUCTIONS. PRESENTATIONS, AND DONATIONS
1. CERTIFICATES OF APPRECIATION FOR CONTRIBUTIONS TO CITY'S 2006
TREE LIGHTING CEREMONY PRESENTED. (610.40)
Karen Crocker, Community Services Director, Recognized the contributions of
individuals, non-profit agencies, and local businesses to the City's 2006 Tree
Lighting Ceremony, including ZOOMARS Petting Zoo, Omar & Carolyn
Gonzalez; Stan Wylazlowski, Executive Director of the Chamber of Commerce;
Mike & Joyce Henry, Lighthouse Christian Fellowship; David Green, California
Conservatory; Deborah Worley; Marianne Taylor; Tom & Donna Downs; Joni &
Friends Greater Orange County; Scott & Diana Schmitt, San Juan Photo &
Digital; Jacque Nunez; Mechelle Lawrence, Executive Director Mission San Juan
Capistrano; and Tony Forster; and Mayor Allevato presented the contributors
with a certificate of appreciation.
2. CERTIFICATE OF APPRECIATION PRESENTED TO MARTIN VELLANDI.
(610.40)
Mayor Allevato and Battalion Chief Ron Roberts, on behalf of Fire Chief Prather,
Orange County Fire Authority, recognized Martin Vellandi for his heroic action to
help a man pinned under heavy equipment. Vallandi was presented with
certificate of commendation from the City and from the Orange County Fire
Authority.
2 1-16-2007
3. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
' Mayor pro tem Soto introduced the following individuals in attendance: Gene
Ratcliffe, Planning Commission; Charles Lange, Transportation Commission; Jeff
Parkhurst; Design Review Committee; Bob Cardoza, Planning Commission; Gail
Zukow, Parks, Recreation and Equestrian Commission; Tony Forster and Phil
Schwartze, former Mayors; Mechelle Lawrence, Executive Director of the Mission
San Juan Capistrano; Joann Marquez, Housing Advisory Committee; and Ellen
Addanizio, Capistrano Unified School District Trustee.
ORAL COMMUNICATIONS
Darrell Johnson, representing Orange County Transportation Authority (OCTA)
announced free train rides from the San Juan Capistrano stations on Sunday, January
21, 2007.
Jim Vance, City resident, talked about the impact of Proposition 13 on small non -
landowners; and asked for financial help from the City to help pay for an appraisal to
enable the residents of Capistrano Terrace Mobile Home Park to purchase the park.
Susan Palazzo, City resident, requested city assistance in stopping a blanket
environmental impact report related to increasing the student body at Capistrano Unified
' School District. Council Member Uso requested staff investigation (See Councilmanic
items for further discussion).
Christine Kirkland, City resident, supported enforcement of local leash laws. Karen
Crocker, Community Services Director, reported that a 2 week warning period had
started for leash law violators, which would be followed by issuance of citations.
Dusty Otero, City resident, felt there was a need for a dog park and suggested naming it
"Wild Goose Park" to reflect John Wayne's affection for the City.
Yvonne Tschaikowsky, City resident, was concerned with sale of Lower Rosan land to
auto dealers and suggested the land should be leased to allow for future flexibility.
Larry Culbertson, City resident, asked that the City's recreation needs consultant be
instructed to exclude survey information from illegal immigrants. He informed Council of
a recent meeting of the Minutemen at a local restaurant that was disrupted by
protestors.
Kim Lefner, City resident, was concerned with plans of Capistrano Unified School
District to add more portable classrooms through a blanket environmental impact report
process; and asked for City help in opposing this.
3 1-16-2007
Mechelle Lawrence, Executive Director of the Mission San Juan Capistrano, thanked
the City's emergency response personnel for responding when a large Pepper Tree fell
on their site.
Sally Garabaldi, City resident, said the mobile home park owners had provided the
conditions for purchase of the park; and asked for help with the appraisal costs.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Hribar, and carried unanimously, 5-0, to approve items 1 through 4 as recommended by
staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF DECEMBER 19, 2006
APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS, DATED JANUARY 4, 2007, IN THE
AMOUNT OF $981,805.16; AND PAYROLL WARRANTS DATED DECEMBER
29, 2006, IN THE AMOUNT OF $274,736.98, RECEIVED AND FILED. (300.30)
4. WAIVER OF THE ERRORS AND OMISSIONS INSURANCE REQUIREMENTS
CONTAINED IN SECTION 13.5 OF THE METER READING SERVICES
AGREEMENT WITH ALEXANDER'S INC., AS APPROVED BY THE CITY
COUNCIL ON DECEMBER 19, 2006, APPROVED. (600.30)
5. AGREEMENT FOR WEED, RUBBISH, AND THISTLE ABATEMENT WITH E.
STEWART & ASSOCIATES, INC., APPROVED WITH REVISIONS. (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
for discussion.
Description: Pursuant to the City's Municipal Code, abatement of weeds and
thistle, and the removal of garbage, refuse, and dirt throughout the City must be
performed annually to reduce risks associated with fire and health hazards. Staff
revised the specifications for abatement to reflect actual needs, sent out
Requests for Proposals to seven contractors, and received one proposal from the
City's existing contractor, who has consistently provided a high quality of work for
the past 20 years. Staff recommended Council approve the Agreement for Weed,
Rubbish, and Thistle Abatement with E. Stewart & Associates, Inc., at their
proposed unit prices for a period of five years; and appropriate $40,892 from the
General Fund Reserve.
Written Communications: Report dated January 16, 2007, by Kathleen Springer,
Management Analyst II.
4 1-16-2007
' Presentation: Kathleen Springer, Management Analyst Il, summarized the staff
report. She noted the new Agreement increased funds to eradicate thistle in the
existing weed abatement areas.
Public Comment:
Adam Maywhort, City resident, generally supported the staff recommendation
and suggested there be a method to verify delivery of contract goals.
Gene Ratcliffe, City resident, provided information on the establishment and the
spread of artichoke thistle.
Council Comments:
Mayor Allevato suggested staff contact the Orange County Landfill concerning
their land mitigation requirements to investigate possible benefit to City land.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried unanimously, 5-0, to approve the Agreement for Weed,
Rubbish, and Thistle Abatement with E. Stewart & Associates, Inc., at their
proposed unit prices for a period of five years; and appropriate $40,892 from the
' General Fund Reserve; and the Agreement should include thistle eradication with
annual objectives and regular measurement of progress including regular status
reports to the City Council.
PUBLIC HEARINGS
1. RESOLUTION NO. 07-01-16-01 ADOPTED AMENDING THE CITY FEE
SCHEDULE TO ADD PROCESSING FEES FOR MOBILE HOME PARK
CONVERSION, CLOSURES, AND CESSATION OF USE. (430.60)
Description: the City received a letter of intent to initiate the closure of
Capistrano Terrace Mobile Home Park, prompting the establishment of a
processing fee structure for the application process in compliance with the City's
Municipal Code. Staff has prepared a resolution establishing a fee structure for
retention of required consultants and City staff processing time as well as the
posting of a $30,000 application deposit. Staff recommended Council adopt a
resolution amending the City Fee Schedule to add processing fees for Mobile
Home Park Conversions, Closures, and Cessation of Use.
Written Communications: Report dated January 16, 2007, by Bill Cunningham,
Interim Planning Director.
' Presentation: Bill Cunningham, Interim Planning Director, reviewed the staff
recommendation.
5 1-16-2007
Mayor Allevato opened the public hearing.
Public Testimony:
Ray Poulter, Lake Forest resident, representing Capistrano Terrace Limited,
provided history as to why they want to close Capistrano Terrace Mobile Home
Park, including cost increases, a denied rent increase, and slope instability. He
felt the site needed to be closed as it is a danger to residents.
Rick Julian, Lake Forest resident, representing Capistrano Terrace Limited,
requested formation of a task force to assist residents of red -tagged coaches
with alternative living solutions and to look at alternatives to stabilize the park
site.
Sally Garibaldi, City resident, questioned the instability of slopes, suggested
removal of the coaches situated on the subject slope, and felt the Capistrano
Terrace owners were exaggerating claims in order to justify closure of the park.
Vickie Talley, Laguna Hills resident, representing National Association of
Industrial and Office Properties (NAIOP), opposed the resolution because it will
make it cost prohibitive to close a mobile home park due to the excessive fees.
She recommended deferment of the resolution in order to allow discussion
among professional organizations and the park owners.
Jim Vance, City resident, supported a park closure fee to cover costs to the City
in processing the application.
Mayor Allevato closed the public hearing.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Hribar and carried unanimously, 5-0, to adopt Resolution No. 07-01-16-
01, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A MOBILE HOME PARK
CONVERSIONS, CLOSURES, AND CESSATION OF USE FEE."
RECESS AND RECONVENE
Council recessed at 10:04 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 10:34 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. CITY OF SAN JUAN CAPISTRANO DECLINES THE OPPORTUNITY TO
PARTICIPATE IN A FEASIBILITY STUDY CONCERNING FORMATION OF A
6 1-16-2007
JOINT POWERS AUTHORITY TO PROVIDE ANIMAL SERVICES IN SOUTH
' COUNTY. (320.20/500.10)
Description: The City of San Juan Capistrano received a letter from the City of
Laguna Hills asking the City to participate in a feasibility study for the formation of
a Joint Powers Authority (JPA) for Animal Care Services in the five South Orange
County cities that currently contract with Orange County Animal Care Services
(OCACS), for animal control and sheltering. The City of Laguna Hills cites
dissatisfaction with OCACS services, specifically the lengthy distance to the
county shelter, which is located in Santa Ana, and their policies concerning
adoptions and euthanasia. The City's participation in the study is anticipated to
cost up to $10,000, which would have to be appropriated from the General Fund
Reserves. Staff recommended Council provide staff with direction on
participation in the study; and if approved, authorize an appropriation of up to
$10,000 from the General Fund Reserves to cover the cost of the feasibility
study.
Written Communications: Report dated January 16, 2007, by Michael Cantor,
Senior Management Analyst.
Presentation: Michael Cantor, Senior Management Analyst, summarized the staff
report.
I
Public Comment:
Jim Harris, Laguna Hills resident, provided reasons to support a South Orange
County animal shelter.
Pam Becker, Lake Forest resident, felt the existing Orange County Animal
Shelter was antiquated and too small to meet current demands. She believed
dogs were reclassified in order to facilitate euthanasia. She recounted a situation
where a pet cat was euthanized because its owners had moved.
Gale Darter, City resident, supported a South County Animal Shelter to curtail the
number of dogs and cats euthanized at the County shelter.
Sue Castle, Lake Forest resident, supported a feasibility study to consider a
South County Shelter.
Valerie Bromberg, Laguna Hills resident, provided reasons for supporting a
South County Animal Shelter.
Jean Bland, Laguna Hills resident, felt local animal shelter services were needed
and was concerned about current practices of killing animals due to space
' restrictions.
7 1-16-2007
Mike Eggers, City resident, representing Capistrano Animal Rescue Effort
(CARE), supported the concept of a South County Joint Powers for animal
services.
Amber Woodcock, Rancho Santa Margarita resident, representing the Orange
County Animal Coalition, felt better adoption screening was needed, including
visitation with families.
Shelly Zeiler, Lake Forest resident, supported the feasibility study to provide
better treatment of pets.
Donna Barnard, Aliso Viejo resident, supported the feasibility study and felt an
animal shelter located in the South Orange County area would be more
accessible to residents.
Council Comments
Council Member Uso felt there was a substantial need for south county animal
services, including large animal services, and supported participation in the
feasibility study. He was concerned with OCAS's euthanasia practices and
questions the accuracy of related reports. He encouraged completion of the
CARE adoption center.
Council Member Soto opposed participation in a feasibility study and felt the
County Board of Supervisors should be made aware of complaints concerning
the OCACS's operation and euthanasia violations. Due to anticipated high costs
to taxpayers, he did not support initiating these efforts.
Council Member Hribar opposed the feasibility study, questioned whether there
was a suitable site in the City for an animal facility that would not negatively
impact residents, and felt residents would be better served in a partnership with
San Clemente and Dana Point. He visited the OCACS facility and discovered the
euthanasia rates were very low for San Juan Capistrano animals. He
commended CARE for their commitment and community service, noting the
City's contribution of a % acre site for their use.
Council Member Nielsen did not support participation in a feasibility study due to
the low number of San Juan Capistrano animals euthanized at OCACS; potential
high cost to tax payers; and the distance of San Juan Capistrano to participating
cities. He recommended the City pressure the Board of Supervisors to address
complaints and provide a South County shelter.
Mayor Allevato supported participating in a feasibility study in order to determine
if a South County shelter was warranted. He was concerned that establishing a —
South County shelter would be cost prohibitive; questioned the Board of
8 1-16-2007
Supervisor's commitment to serve South Orange County; and commended
' CARE for the services they provide for the City.
Council Actions:
Moved by Council Member Uso, seconded by Mayor Allevato and failed 2-3, with
Council Member Nielsen, Council Member Hribar and Mayor pro tem Soto
opposed, to approve participation in a feasibility study to be conducted by the
City of Laguna Hills for the formation of a Joint Powers Authority for South
County Animal Care Services; and authorize an appropriation of up to $10,000
from the General Fund Reserves to cover the cost of the feasibility study.
ROLL CALL
AYES: COUNCIL MEMBERS: Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar, Nielsen, Soto
ABSTAIN: COUNCIL MEMBERS: None
Moved by Council Member Hribar, seconded by Mayor pro tem Soto, and carried
3-2, with Council Member Uso and Mayor Allevato against, to decline
participation in a feasibility study to be conducted by the City of Laguna Hills for
the formation of a Joint Powers Authority for South County Animal Care Services.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Soto
NOES: COUNCIL MEMBERS: Uso, Mayor Allevato
ABSTAIN: COUNCIL MEMBERS: None
Moved by Council Member Nielsen, seconded by Mayor Allevato and carried
unanimously, 5-0, to request the Orange County Board of Supervisors to develop
a South County Animal Shelter and Services; and staff directed to return to the
City Council on February 6, 2007 with a resolution for approval.
G2. ENGINEERING & BUILDING DIRECTOR
a. STAFF DIRECTED TO DEVELOP GREEN BUILDING PROGRAM OPTIONS
AND RETURN TO THE CITY COUNCIL FOR CONSIDERATION: (530.25)
Description: Green Building techniques reduce the use of natural resources,
minimize harmful effects on the environment, and promote a healthier
environment for occupants. On October 6, 2006, the Planning Commission
1-16-2007
unanimously supported a recommendation to the City Council to direct staff to
develop a Green Building Program. Staff recommends Council direct staff to
develop a Program for Council consideration.
Written Communications:
Report dated January 16, 2007, by Ziad Mazboudi, Senior Civil Engineer.
Copies of slide presentation from Ziad Mazboudi, Senior Civil Engineer.
Letter dated January 16, 2007, from Kristine Thalman, Building Industry
Association of Southern California, offering assistance in the program
development and selection process.
Presentation: Ziad Mazboudi, Senior Civil Engineer, reviewed the staff
recommendation.
Public Comment:
Meg Monahan, City Clerk, read a letter from Vickie Talley, Director of
Governmental Affairs for the National Association of Industrial and Office
Properties (NAIOP), dated January 16, 2007, into the record. The letter
requested continuance of the item until the stakeholders had an opportunity to
participate in evaluating concerns, program structure, and implementation of a
program.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried unanimously, 5-0, to direct staff to develop Green
Building Program options and return to City Council for consideration.
ORDINANCES - None
COUNCILMANIC ITEMS
Council Member Hribar inquired into the balance of recreation funds and use of funds
from the sale of City property on Rancho Viejo Road toward recreation needs. Dave
Adams, City Manager, responded that the funds were designated to overlay Rancho
Viejo Road and rehabilitation of parks, recreation, and downtown facilities. The Council
could consider designation of those funds at the January 30, 2007, meeting and during
the budget process.
Council Members reached consensus that staff should investigate whether Capistrano
Unified School District is considering a blanket environmental impact report in order to
add more portable units to school sites and report back to the City Council, with the —
possibility of Mayor Allevato and Council Member Uso (Mayor's subcommittee)
attending a school district meeting.
10 1-16-2007
' ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 10:56 p.m. to
Tuesday, January 30, 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,
���
R. MONAHAN, CITY CLERK
February 20, 2007
ATTEST:
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11 1-16-2007