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08-0819_CC_Minutes_Regular MeetingMINUTES August 19, 2008 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING Mayor Soto called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 5:30 p.m. in the City Council Chamber. 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 PUBLIC COMMENT — CLOSED SESSION ITEMS: Bob King, City resident, spoke regarding the litigation between the City and Save Our San Juan, and submitted a 1995 letter from Zion to the City Council. CLOSED SESSION: A Closed Session was held for the following purposes, as authorized by statute: a. Pursuant to Government Code Section 54956.9(c), the Council conferred with legal counsel pertaining to existing litigation in the matter of Juaneho Band of Mission Indians, Acjachemen Nation vs. City of San Juan Capistrano [Mission Rectory Garden] (OCSC Case No. 30-2008-00109986-C U -W M-CXC ). b. Pursuant to Government Code Section 54956.9(c), the Council conferred with legal counsel pertaining to existing litigation in the matter of Save Our San Juan vs. City of San Juan Capistrano [Mammoth Signs] (OCSC Case No. 30-2008-00100936-CU-WM-CXC). (Mayor Soto recused himself from the discussion) BUSINESS SESSION Mayor Soto called the Business Session of the Regular City Council of the City of San Juan Capistrano to order at 6:35 pm in the City Council Chamber. Orange County Sheriff Sandra Hutchens led the Pledge of Allegiance and Council Member Uso gave the invocation. 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 Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. ANNOUNCEMENTS OF CLOSED SESSION ACTIONS: No reportable actions. Omar Sandoval, City Attorney announced that Mayor Soto recused himself from closed session item 2, due to the proximity of his property to the matter of litigation (Save Our San Juan vs. City of San Juan Capistrano) CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Allevato reported attending a Long Term City Vision interview; several Community Group meetings; Transportation Corridor Agency meetings; Equestrian Subcommittee meeting regarding Land Use Code for stables; and the San Juan Capistrano Equestrian Coalition Barn Dance. Council Member Hribar reported interviews for Water Advisory Commission open seat; and the O'Connor's Mortuary 100 year anniversary event. Council Member Uso reported attending numerous meetings. Mayor pro tem Nielsen reported not attending any meetings due to his vacation in South Africa. Mayor Soto provided a written report of the following meetings: Long Term City Vision interview; Ethics Training Seminar; O'Connor's Mortuary 100 year anniversary event; "GRIP meeting with the District Attorney Gang Injunction; Youth Advisory Board meeting, administered Oath of Office to new members; City Water Quality meeting; conducted interviews to fill vacant Water Advisory Commission seat; Annual Barn Dance; Mission Concert series; Ortega Animal Care Center ribbon cutting and open house; and batteries "give-away" at the Capistrano Villas. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen announced: • "Ridne Walk" nn Ortnher 4. 2n0s ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST The following upcoming events were announced: • San Juan Summer Nites Concert; • Metro Java "Coffee Chat;" Mission San Juan Capistrano "Music Under the Stars;" • The Rancho Mission Viejo Rodeo at the Oaks Blenheim Rancho Mission Viejo Riding Park. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS ' 1. Presentation by Orange County Sheriff Sandra Hutchens (610.40) • Welcomed suggestions and comments — looking to improve services • Open department policy • Continued partnership with city 2. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Nielsen introduced the following individuals in attendance: Gail Zukow, Kathy Hooper, Ilse Byrnes, Ron Denman, Jill Hanna, Parks, Recreation and Equestrian Commission; Bob Cardoza and Gene Ratcliffe, Planning Commission; Larry Kramer, Transportation Commission; Don Tryon and Nathan Banda, Cultural Heritage Commission; Joanne Marquez and Bill Bonney, Housing Advisory Committee; and Battalion Chief, Mark Sanchez. ORAL COMMUNICATIONS Joan Irvine Smith, City resident, spoke regarding the Toll Road lawsuit; Ortega Widening project; Oak Blenheim horse auction; and Irvine Museum, exhibit on Water Cycle. Raymond Herrera, Hesperia resident, spoke in support of "e -verify" for checking ' immigration status of employees. Tony Brown, City resident, spoke on pending state legislation, AB 2076, related to prohibiting use of "e -verify" by local and state governments for employee immigration status. Tom Waszak, Laguna Niguel resident, gave a progress report on JSerra's High School, 5th Year Anniversary. Robin Huidston, Laguna Hills resident, spoke regarding illegal immigration issues and immigration forum attended by the Mayor and the City's Police Services Director, Ron Lackey, Dana Point resident, asked for a sheriff to be present at the Capistrano Unified School District board meetings due to unruly conduct. Cheryl Burns, City resident, spoke regarding Illegal immigration issues and immigration forum attended by the Mayor and the City's lieutenant. Mary Ann Davidson, City resident, spoke concerning road work on Del Obispo Street regarding unsecured water covers and debris. Dave Adams, City Manager informed that he had taken care of the matter. I Anna M. Noble, San Clemente resident, spoke regarding illegal immigration issues. 3 Patrick Crowley, City resident, spoke regarding immigration issues; immigration forum held at the city; "e -verify"; and recommended the formation of an ad-hoc committee to deal with safety issues. Dusty Otero, City resident, concern with speed of traffic at the construction area of San Juan Creek Road. Kim McCarthy, City resident, recommended the formation of an ad-hoc committee concerning safety issues, including, illegal immigration, identity theft, over crowding, and tagging. Margaret McClean, City consultant, spoke regarding the Little Hollywood Program and the difference it has made in the life of five families, who shared their stories. The following Little Hollywood residents shared their stories and gratitude to the City for having programs that helps and educates the community: • Susana Mendez, City resident • Victoria Staben, City resident • Carlos Mendoza, City resident • Amy Price, City resident • Gina Sottosanti, City resident Larry Culbertson, City resident, spoke regarding an immigration forum held at the Mission San Juan Capistrano. CONSENT CALENDAR Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Nielsen, and carried unanimously, 5-0, to approve items 1 through 5, as recommended by staff. 1. MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED 2. CITY COUNCIL MINUTES — REGULAR MEETING AND SPECIAL MEETING OF AUGUST 5, 2008 APPROVED AS SUBMITTED 3. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 4, 2008, APPROVED AS SUBMITTED 4. ACCOUNT PAYABLE WARRANTS DATED JULY 31, 2008, IN THE TOTAL AMOUNT OF $2,673,011.95; AND PAYROLL WARRANTS DATED AUGUST 8, 2008, IN THE TOTAL AMOUNT OF $307,645.41, RECEIVED AND FILED (300.30) 5. AGREEMENT WITH THE BOYS & GIRLS CLUB OF CAPISTRANO VALLEY TO PROVIDE AFTER SCHOOL AND SUMMER PROGRAMS FOR, SEPTEMBER 1, 2008 THROUGH JUNE 20, 2009, IN THE AMOUNT $91,820.00,; AND FEE REDUCTION FOR USE THE CITY GYMNASIUM IN THE AMOUNT OF $42,000, APPROVED (600.30/390.30) 4 6. CONTRACT WITH DUDEK ENGINEERING & ENVIRONMENTAL, IN THE AMOUNT OF $24,990, FOR PREPARATION OF HABITAT, INVASIVE PLANT ' SPECIES, AND SENSITIVE WILDLIFE SPECIES MAPPING FOR THE OPEN SPACE MASTER PLAN APPROVED (600.30) Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar, and carried unanimously, to approve the contract for an amount of $24,990 with Dudek Engineering & Environmental, for preparation of Habitat, Invasive Plant Species, and Sensitive Wildlife Species Mapping for the Open Space Master Plan. 7. OPEN SPACE COMMITTEE STRUCTURE REVISED; AND WILLIAM HUBER, CITY RESIDENT, APPOINTED TO THE OPEN SPACE COMMITTEE (530.40) Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously, to revise Open Space Committee structure to include 10 residents, 2 Council Members, and 2 Planning Commissioners; and to appoint Bill Huber, City Resident to the Open Space Committee. PUBLIC HEARINGS 1. $100,000 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FUND GRANT, PENDING RECEIPT, ALLOCATED TOWARD COST OF DEPUTY SHERIFF ' FOR FISCAL YEAR 2008/2009 (580.10) Lt. Mike Betzler, Chief of Police Services, provided a staff report Mayor Soto opened the public hearing and invited testimony. No public testimony was provided. Mayor Soto closed the public hearing. Council Action: Moved by Council Member Uso, seconded by Council Member Hribar, and carried unanimously to allocate $100,000 Citizen's Option for Public Safety (COPS) fund grant, pending receipt, toward the cost of a Deputy Sheriff for Fiscal Year 2008/2009. 2. RESOLUTION NO. 08-08-19-01: denial of appeal of Mission Rectory Garden (Juaneho Band of Mission Indians, Acjachemen Nation — The Belardes Group) (910.50) Teri Delcamp, Historic Preservation Manager, reviewed the staff report and summarized the staff recommendation to adopt a resolution denying the appeal and affirming the Cultural Heritage Commission's conditional approval of Site Plan Review 07-001, Mission Rectory Garden. Written Communication ' • Patricia Martz, PH.D., California Cultural Resource Preservation Alliance • Anthony Rivera, Jr., Juaneno Band of Mission Indians, Acjachemen Nation • Stephen Miles, Miles -Chen Law Group 5 3 Presentation by Appellant: • Stephen Miles • David Belardes Presentation by Applicant: • Greg Weiler • Mechelle Lawrence -Adams • Father Art Holquin • Ed Connor Mayor Soto opened the public hearing and invited testimony. Public testimony in support of the staff recommendation: • Mike Martin, Laguna Niguel resident • Dennis, Sommers, city resident • Nathan Banda, city resident • Anthony Rivera, Tribal Chair, Juaneno Indians, Acjachemen Nation Public testimony opposed to the staff recommendation: • Joe A. Ocampo, Santa Ana resident • Joyce Perry, Irvine resident • Abel Silvas, San Diego resident • Terrie Restivo, Wildomar resident • Jane Olinger, Irvine resident Mayor Soto closed the public hearing. Band of Mission City Council discussion included: • Mistakes made by all involved parties • Cultural Heritage Commission decision provided an appropriate action to correct construction that was done without approval or permit and respected all involved parties Council Action: Moved by Mayor Soto, seconded by Council Member Uso, and carried unanimously to adopt Resolution No. 08-08-19-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL AND AFFIRMING THE CONDITIONAL APPROVAL BY THE CULTURAL HERITAGE COMMISSION OF SITE PLAN REVIEW 07-001 FOR LANDSCAPE AND HARDSCAPE IMPROVEMENTS AT 26801 ORTEGA HIGHWAY (MISSION RECTORY GARDEN) (APN 124-180-06)" FISCAL YEAR 2007/2008 STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANTEE PERFORMANCE REPORT APPROVED (480.20) 151 Douglas Dumhart, Economic Development Manager, and Laura Stokes, Housing Coordinator provided a staff report. Mayor Soto opened the public hearing and invited testimony. No public testimony was provided. Mayor Soto closed the public hearing. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar, and carried unanimously to approve the Fiscal Year 2007/2008 State Community Development Block Grant Program Grantee Performance Report. RECESS AND RECONVENE Council recessed to convene the San Juan Capistrano Community Redevelopment Agency meeting and reconvened following the agency's business. ADMINISTRATIVE ITEMS G1. PUBLIC WORKS DIRECTOR a. LOS RIOS PARK AND PARKING LOT IMPROVEMENT PROJECT (CIP NO. 465): CONSTRUCTION CONTRACT AWARDED TO ENVIRONMENTAL CONSTRUCTION, INC. FOR $2,930,592.80; ARBORS ADDED; STAFF DIRECTED REGARDING LANDSCAPE BOULDERS; ALL OTHER BIDS REJECTED; AND CONSULTANT PERSONAL SERVICES AGREEMENTS APPROVED IN TOTAL AMOUNT OF $254,340 — CITY COUNCIL PRIORITY NO. 17A (600.30) Nasser Abbaszadeh, Public Works Director summarized the staff report. City Council discussion included: • Play equipment color • Arbors for shade • Cost of landscape boulders Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Nielsen, and carried unanimously, to award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP No. 465) to the low responsible bidder, Environmental Construction, Inc., in the amount of $2,930,592.80; adding arbors "C", "D" and "E"; direct staff to find most competitive cost for landscape boulders; reject all other bids; and approve Personal Services agreements as follows: • Lawson & Associates - Geotechnical Consulting, $13,510.00 • PCR Services Corporation Associates — Archeologist & Native American Monitor, $53,710.00 Moore lacofano Goltsmans, Inc. —ADA Inspector/Certification, $11,280.00 ' David Volz Design — Landscape, Civil, Electrical consultants, $35,940.00 • Barbara Butler Artist -Builder, Inc., $139,900.00 G 2. UTILITY DIRECTOR a. FIRST READING AND INTRODUCTION: ORDINANCE ESTABLISHING CHAPTER 12 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE — WATER CONSERVATION; AND TO RESERVE SECTION H (PLUMBING RETROFITS) FOR ADDITIONAL DISCUSSION. (1050.90) Francie Kennedy, Water Conservation Coordinator, provided the agenda report and recommended approval of first reading and introduction of the ordinance. Public Comment: Jill Hanna, City resident, concerned concerning point of sale requirements. Dave Stephanides, representing the Realtors, spoke against additional costs Council Discussion: with language in the Ordinance Orange County Association of at point of sale. Incentive programs for replacing toilets with US EPA Water Sense toilets. Cost to the residents for replacing toilets. Council Action: Moved by Council Member Hribar, seconded by Mayor Soto, and carried unanimously to approve first reading and introduction of an ordinance entitles, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING CHAPTER 12, OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO WATER CONSERVATION." ORDINANCES: ORDINANCE NO. 940 ADOPTED ORDERING THE SUBMISSION OF THE OPEN SPACE, NATURAL AREAS, AND CLEAN WATER PROTECTION AND PRESERVATION MEASURE TO THE VOTERS (110.20) Maria Morris, Deputy City Clerk, provided an agenda report and read the title of the ordinance. Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto, and carried unanimously to adopt Ordinance No. 940 entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE SUBMISSION OF THE PROPOSITION OF INCURRING BONDED DEBT TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 FOR THE PURPOSE OF ACQUISITION AND IMPROVEMENT OF OPEN SPACE (OPEN SPACE, NATURAL AREAS, AND CLEAN WATER PROTECTION AND PRESERVATION MEASURE) n L COUNCILMANIC ITEMS RAYMOND MILLER APPOINTED TO THE WATER ADVISORY COMMISSION, TERM ENDING JANUARY 31, 2008 (110.20) CouncilAction: Moved by Mayor Soto, seconded by Council Member Allevato, and carried unanimously, to appoint Raymond Miller to the Water Advisory Commission, term ending January 31, 2009. ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 12:18 a.m. to Tuesday, August 26, 2008 at 5:00 p.m. for the Joint Meeting with the Planning Comm sion irk the City Council Chamber and 7:00 p.m. for Closed Session. Respe submitted, MARIA Approved: September 2, 2008 CLERK NOTICE OF ADJOURNMENT OF MEETING OF 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, Adjourned its Regular Meeting of August 19, 2008, at 11:18 p.m. on to Tuesday, August 26, 2008 at 5:00 p.m., in the City Council Chamber, 32400 Paseo Adelantg, San Juan Capistrano for business session and 7:00 p.m. for a closed session. DATE 19, 2008 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO ) SS AFFIDAVIT OF POSTING I, MARIA MORRIS, Deputy 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 August 20, 2008 within 24 hours of adjournment of the above-named meeting. tear penalty of perjury that the foregoing is true and correct. T _ l—