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.
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Anna M. Noble, San Clemente resident, spoke regarding illegal immigration issues.
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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)
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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
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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)
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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)
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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.
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