08-1202_CC_Minutes_Regular Meeting MINUTES
DECEMBER 2, 2008
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: None
Mayor Soto called the Regular Meeting of the City Council and the Community
Redevelopment Agency of the City of San Juan Capistrano to order at 6:36 p.m. in the
City Council Chamber. Council Member Hribar led the Pledge of Allegiance; and Mayor
pro tem Nielsen gave the invocation.
Mayor Soto dedicated the City Council meeting in memory of Dorothy Gaffney, mother
of Matt Gaffney, a Transportation Commissioner and Open Space Committee member,
and extended condolences to the Gaffney family.
ROLL CALL
COUNCIL MEMBERS/DIRECTORS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres
Uso, Mayor pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERSIDIRECTORS 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.
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato commented on his recent family trip to Italy and his visit to
Sister City Capestrano, Italy.
Council Member Hribar reported attending meetings related to the South Orange
County Wastewater Authority and the Desalinization Project Participation Committee.
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen reported events from the December 1, 2008 meeting including
celebration of the election results related to passage of the two open space measures;
the committee's efforts to pursue matching fund grants; and the next meeting is
scheduled for January 12, 2009, 6:30 pm.
1 12-02-2008
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ Tree Lighting Ceremony and Candlelight procession
■ Metrolink Holiday Toy Express Train
■ Christmas Home Tour & Holiday Boutique
■ Historical Society's Christmas Tour of Camp Pendleton
■ "Lunch with Santa" hosted by the Youth Advisory Board
INTRODUCTIONS AND PRESENTATIONS
1. SUPERVISOR PAT BATES RECOGNITION OF MAYOR JOE SOTO (610.40)
Ray Grangoff, representing Orange County Supervisor Pat Bates recognized
Mayor Joe Soto for service to the community during his term as Council Member.
2. PROCLAMATION PRESENTED TO THE SAN JUAN CAPISTRANO REGIONAL
LIBRARY FOR THEIR 25TH ANNIVERSARY (610.40)
Mayor Soto presented a proclamation to Teri Garza, Regional Library Manager,
recognizing the 25th Anniversary of the San Juan Capistrano Regional Library.
Ray Grangoff, representing Orange County Supervisor Pat Bates, also
recognized the 25th Anniversary of the Library.
3. COMMISSIONERS PRESENT AT THE MEETING (110.10)
Mayor pro tem Nielsen introduced the following individuals in attendance: Ilse
Byrnes, Ronald Denman, and Kathy Hooper, Parks, Recreation and Equestrian
Commission; Joann Marquez, Housing Advisory Committee; Dan Merkle, Utilities
Commission; Don Tryon and Jan Siegel, Cultural Heritage Commission; Gene
Ratcliffe and Bob Cardoza, Planning Commission; Larry Kramer, Transportation
Commission; and Laura Freese, Council Member Elect.
JOINT MEETING: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
REGORANIZATION:
1. PUBLIC COMMENTS: None
2, RESOLUTION NO. 08-12-02-01: NOVEMBER 4, 2008 ELECTION RESULTS:
LAURA FREESE AND SAM ALLEVATO ELECTED AS CITY COUNCIL
MEMBERS; MEASURES X AND Y APPROVED BY THE VOTERS (630.20)
2 12-02-2008
Meg' Monahan, City Clerk, summarize the results of the November 4, 2008
election.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Nielsen and carried unanimously, 5-0, to adopt Resolution No. 08-12-02-01,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008, DECLARING THE
RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW."
The Certified Election Results are as follows:
MEMBER OF THE CITY COUNCIL:
Laura Freese 6,764
Sam Allevato 5,685
Joe Soto 5,176
Jess Lopez 2,416
Evangeline Topa 1,465
Sergio Farias 1,133
MEASURE X.-
San
:San Juan Capistrano, General Open Space Initiative
Shall the voters of the city of San Juan Capistrano
adopt an ordinance adding section 9-2.104 to the Y
Municipal Code requiring that any pending or E
future proposed General Plan designation change S
for any land presently designated as "Open Space"
in the city's General Plan to another allowable use
shall not become legally effective unless the N
proposed General Plan change is approved by the O
city electorate at a special or general city election?
YES 10,556
NO 2,839
3 12-02-2008
MEASURE Y: (213rds majority required for passage)
San Juan Capistrano, Open Space, Natural Areas, and
Clean Water Protection and Preservation Measure
Many residents came to San Juan Capistrano for Y
its unique open space, natural beauty and history. E
Yes on this measure will help preserve and S
enhance our natural areas, creeks, historic lands,
hillsides, trails, recreation, wildlife, and air and
water quality; and reduce traffic congestion. For
these purposes, shall the City of San Juan
Capistrano issue 30 million dollars in bonds with
guaranteed annual independent financial audits, N
public review of expenditures, and no funds used O
for city administrators' salaries?
YES 9,618
NO 4,072
PRECINCT BALLOTS CAST: 7,540
ABSENTEE BALLOTS CAST 7,410
TOTAL BALLOTS CAST: 14,950
Mayor pro tem Nielsen recognized Carol Soto and outgoing Mayor/Council
Member Soto for his tenure on the Council. Carol Soto was presented with a
bouquet of flowers. Mayor Soto was presented with a ceremonial gavel
recognizing his term as Mayor. Mayor Soto commented on this term; thanked the
community, staff, and his family; and stepped down from the dais.
Mayor pro tem Nielsen turned the meeting over to the City Clerk.
Oath of Office and New Council Member Comments
Meg Monahan, City Clerk, administered the Oath of Office to newly elected
Council Members Laura Freese, and Sam Allevato and presented them with
Certificates of Election. The newly elected Council Members took their seats on
the dais.
Council Members Freese and Allevato addressed the community offering thanks
and commenting on their goals.
4 12-02-2008
2. MARK NIELSEN SELECTED TO SERVE AS MAYOR AND DR. LONDRES USO
SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY OF SAN
JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 2009.
(630.20)
Meg Monahan, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Uso, and carried unanimously, 5-0, to select Mark Nielsen as Mayor,
term ending December 2009.
Meg Monahan, City Clerk, called for nominations for the office of Mayor pro tem.
Council Action: Moved by Council Member Freese, seconded by Mayor
Nielsen, and carried 3-2 with Council Members Allevato and Hribar opposed, to
select Dr. Londres Uso as Mayor pro tern, term ending December 2009.
ROLL CALL:
Aye: Council Members: Freese, Uso, and Mayor Nielsen
No: Council Members: Allevato and Hribar
Abstain: Council Members: None
Mayor Nielsen and Mayor pro tem Uso commented on their upcoming terms.
3. RESOLUTION NO. 08-12-02-02 ADOPTED AUTHORIZING THE CURRENT
OFFICERS OF THE CITY TO INVEST FUNDS AND DRAW CHECKS ON CITY
BANK ACCOUNTS. (320.10)
Meg Monahan, City Clerk summarized the agenda report.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Uso, and carried unanimously, 5-0, to adopt Resolution No. 08-12-02-02
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY
FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO.
07-12-04-01."
4. TOM HRIBAR SELECTED AS CHAIRMAN AND LAURA FREESE SELECTED
AS VICE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS, TERMS ENDING DECEMBER 2009. (400.10)
Meg Monahan, Agency Secretary, called for nominations for Chair.
5 12-02-2008
Board Action: Moved by Director Allevato, seconded by Director Freese, and
carried unanimously, 5-0, to select Tom Hribar to serve as Chairman, term
ending December 2009.
Meg Monahan, Agency Secretary, called for nominations for Vice Chair.
Board Action: Moved by Director Hribar, seconded by Director Allevato, and
carried unanimously, 5-0, to select Laura Freese to serve as Vice Chair, term
ending December 2009.
5. RESOLUTION NO. CRA 08-12-02-01 ADOPTED AUTHORIZING THE
DEPOSIT AND INVESTMENT OF FUNDS AND SIGNATURES ON THE
COMMUNITY REDEVELOPMENT AGENCY ACCOUNTS. (320.10)
Meg Monahan, Agency Secretary, summarized the agenda report.
Board Action: Moved by Director Nielsen, seconded by Director Allevato and
carried unanimously, 5-0, to adopt Resolution No. CRA 08-12-02-01, entitled "A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY DELEGATING TO THE AGENCY FINANCE
OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST AND
REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES, AND
REPEALING RESOLUTION NO. 07-12-04-01."
Meg Monahan, City Clerk/Agency Secretary, recessed the meeting of the
Community Redevelopment.Agency Board of Directors and turned the meeting
over to Mayor Nielsen.
ORAL COMMUNICATIONS
Joan Irvine Smith, city resident, inquired into the status of financing for the toll road,
spoke regarding the Ortega Highway widening project, and supported a partnership for
the riding park. Council Member Allevato indicated he would contact her regarding the
toll road, and Mayor Nielsen indicated the Council plans to discuss the Ortega Widening
Environmental Impact Report comments.
Art Guevara, city resident, encouraged city support of a children's art workshop for the
Los Rios District.
Carole Ettlin, Seasons Senior Apartments Manager, expressed concern over
inappropriate use of the Forster Mansion for parties and the impact on the senior
apartments. Dave Adams, City Manager, indicated the owners submitted a Conditional
Use Permit application and the Seasons Apartments would be notified of the process
and hearings.
12-02-2008
Robert Hansen, city resident, spore regarding the noise and disruption originating from
the Forster Mansion uses.
Clint Worthington, city resident, asked the city to test to be sure needed water pressure
is available in case of fire. Dave Adams, City Manager, indicated the city would look
into the issue.
Dusty Otero, city resident, suggested welcoming new businesses; noted that there is no
sidewalk at Camino Lacouague and San Juan Creek Road; suggested blinking lights at
school crossings; and inquired into the light system at the EI Adobe crosswalk. Nasser
Abbaszadeh, Public Works Director, indicated the El Adobe crosswalk will be repaired
in February 2009.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso,
and carried unanimously, to approve items 1, 3, 4 through 7, 11, and 12 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES APPROVED: CITY COUNCIL ADJOURNED REGULAR MEETING
OF OCTOBER NOVEMBER 18, 2008
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried 4-0-1, with Council Member Allevato abstaining, to approve the
minutes of the City Council for the Adjourned Regular Meeting of November 18,
2048,
ROLL CALL:
Aye: Council Members: Hribar, Freese, Uso, and Mayor Nielsen
No: Council Members: None
Abstain: Council Member: Allevato
3. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 20, 2008, IN THE
TOTAL AMOUNT OF $911,779.12; AND PAYROLL WARRANTS DATED
NOVEMBER 14, 2008, IN THE TOTAL AMOUNT OF $319,278.16, RECEIVED
AND FILED (300,30)
4. CASH BALANCES BY FUND — SEPTEMBER 30, 2008, RECEIVED AND FILED
(330.50)
5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
NOVEMBER 15, 2008, RECEIVED AND FILED (440.10)
7 12-02-2008
6. RESOLUTION NO. 08-12-02-03 ENTITLED, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
QUITCLAIMING AN EASEMENT FOR EQUESTRIAN TRAIL. PURPOSES
WITHIN ASSESSOR'S PARCEL NO. 650-381-03, AKA LOT 99 OF TRACT 6305
(MERKLE) (30501 GOLDEN RIDGE, LANE);" AND THE CITY CLERK
DIRECTED TO PROCESS RECORDING (670.50)
7. RESOLUTION NO. 08-12-02-04: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AGREEING TO A
REDISTRIBUTION OF PROPERTY TAXES DUE TO THE REORGANIZATION
OF .99 ACRES OF UNINHABITED TERRITORY NORTH OF STONEHILL
DRIVE AND EAST OF THE SAN JUAN CREEK CHANNEL (APN 121-240-36)"
City Council Priority No. 8a (390.80)
8. TRAFFIC SIGNAL CABINET REPLACEMENT: FUNDING & APPROPRIATION
APPROVED; UP TO $40,000.00 FROM GENERAL FUND RESERVE FOR
REPLACEMENT OF TRAFFIC SIGNAL CABINETS (330.20/590.50)
Nasser Abbaszadeh, Public Works Director, summarized the agenda report and
responded to questions.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried 5-0, to approve funding and appropriation of up to $40,000.00
from the General Fund Reserve for materials and labor to install replacement
traffic signal cabinets at Del Obispo Street at Augacate Road, and Rancho Viejo
Road at Avenida los Cerrito and Calle de la Rosa intersections; and staff directed
to aggressively pursue related claims.
9. CELL COMMUNICATION EQUIPMENT INSTALLATION AT CHRISTMAS TREE
FARM APPROVED IN CONCEPT (T-MOBILE) (1030.10)
Douglas Dumhart, Economic Development Manager, provided a summary of the
agenda report.
Public Comment:
■ Ates Baydn, city resident, concerned with cell tower location and potential
to set precedent.
■ George Ramirez, representing T-Mobile, project in preliminary phase and
will follow the conditional use permit process.
■ Adam Maywhort, city resident, felt council could be proactive and look at
all aspects.
Council Comments:
■ Cell tower installations should be reviewed by the Planning Commission
■ Beneficial for revenue if not detrimental to city character
■ Resident safety issues should be addressed
8 12-02-2008
Council Action: Moved by Council Member Freese, seconded by Council
Member Hribar, and carried unanimously to approve the concept of leasing
space at the City's Christmas Tree Farm for a cell site; and staff directed to
negotiate terms with T-Mobile.
10. SECOND SATURDAY ART FAIR: SPECIAL ACTIVITIES PERMIT (SAP) 08-
016, 12 MONTH EXTENSION AND FEE WAIVER APPROVED (390.30/460.70)
Nick Taylor, Planning Technician, summarized the agenda report.
Written Communications:
■ E-mail: Moyra Eulitz, supporting the event (12/1/08)
■ Letter: Randi Peshkin supporting the event (1211108)
Randi Peshkin, city resident and event organizer, thanked the council for their
continued support.
Council Comments:
■ Fee waivers are approved to assist with getting new events underway and
are not intended to be on-going.
■ Event brings tourists and community members to town for shopping and
produces revenue.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously to approve a 12 month extension of the
existing Special Activities Permit (SAP 08-16); and staff directed to waive the
$840 Special Activities Permit fees for this business enhancement monthly event
as it provides communitywide benefit.
11. STAFF AUTHORIZED TO PROCEED WITH PRE-ZONING OF APN 121-240-36
TO COMMERCIAL MANUFACTURING (CM) DESIGNATION; AND FINALIZE
ENVIRONMENTAL DOCUMENTS TO COMPLETE APPLICATION TO THE
LOCAL AGENCY FORMATION COMMISSION FOR REORGANIZATION
APPLICATION (RO) 08-02 (LOWER ROSAN RANCH)(620.20)
12. RESOLUTION NO. 08-12-02-05 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING APPLICATION OF THE CALIFORNIA VEHICLE CODE TO AND
DESIGNATING THE COMBINED USE OF REGULAR VEHICULAR TRAFFIC
AND THE DRIVING OF GOLF CARTS ON PRIVATE STREETS IN THE
MARBELLA PROPERTY OWNERS ASSOCIATION (TRACTS 12954, 13532)"
(590.40)
PUBLIC HEARINGS: None
9 12-02-2008
RECESS AND RECONVENE
Council recessed to convene the San Juan Capistrano Community Redevelopment
Agency meeting and reconvened following the agency's business.
ADMINISTRATIVE ITEMS:
HI. UTILITIES DIRECTOR
a. STATUS REPORT -- METHYL TERTIARY BUTYL ETHER (MBTE) TESTING
AND REMEDIATION BY CHEVRON (530.25)
John O'Donnell, Utilities Director, summarized the agenda report and expressed
concern that Chevron was not working for best interests of the city.
Michael Donovan, PSOMAS, city's consultant to oversee MTBE testing and
remediation by Chevron provided a PowerPoint presentation
Public Comments:
= Natasha Molla, representing Chevron, disagreed with the staff report
indicating that Chevron was committed to working with the Orange County
Health Care office and the city.
Dan Merkle, Utilities Commission, indicated Chevron had made minimal
progress; had not collaborated with the city; and could not be relied upon
to cooperate in meeting the city's goals.
Council Comments:
= Lack of commitment by Chevron to share information with the city.
Lost confidence in Chevron.
■ The most cost effective way for Chevron to act was not in the best
interests of the city.
Omar Sandoval, City Attorney, indicated the matter would be placed on the
closed session agenda.
Council Action: No action taken.
H2 COMMUNITY DEVELOPMENT DIRECTOR
a. SPECIAL ACTIVITY EVENTS AND USE OF COMMUNITY RESOURCES
POLICY (450.70)
Justin Kirk, Assistant Planner, summarized the agenda report and responded to
questions.
Written Communications:
10 12-02-2008
■ E-mail: Ana Solis, December 1, 2008, supporting an increase in the
number of days allowed for outdoor sales.
Karen Crocker, Community Services Director, responded to questions and
supported special activity events policy improvements to address private events
that use city property.
Public Comment: Angela Rohde, city resident, felt that private events
significantly impacted area residents by using neighborhood streets for valet
parking, amplifying music, holding events without city or alcohol permits.
Council Comments:
■ Staff should investigate the City of Irvine's event policy and methods for
monitoring sound.
■ Potential for cost recovery
■ Address parking problems
■ Need to balance regulation with the benefit events bring to town
Council Action: No action taken.
b. ECOLOGY CENTER DEVELOPER DEPOSIT DEFERRED FOR 9 MONTHS
(390.30)
Grant Taylor, Assistant Planning Director, provided a summary of the agenda
report.
Evan Marks, Executive Director of the Ecology Center, requested a fee waiver as
the center provides educational programs to the community and will be
challenged due to start up costs.
Council Comment-
Developer
omment:Developer deposit represents actual cost to the city
■ City's financial outlook is difficult
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried 4-1 with Council Member Hribar opposed, to defer payment of
the Ecology Center's developer deposit of $3,000 for the Conditional Use Permit
follow-up, review, and permits for nine months.
ROLL CALL:
Aye: Council Members: Allevato, Freese, Uso, and Mayor Nielsen
No: Council Members: Hribar
Abstain: Council Member: None
11 12-02-2008
ORDINANCES:
1, ORDINANCE NO. 949 ADOPTED: PERTAINING TO NUISANCE ABATEMENT
EXPENSES AND ESTABLISHING AN ADMINISTRATIVE CITATION
PROGRAM (340.10)
Meg Monahan, City Clerk, read the title of the Ordinance.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Freese, and carried unanimously to adopt Ordinance No. 949 entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING ORDINANCE NO. 883 TO CLARIFY ITS APPLICATION TO THE
ENTIRE SAN JUAN CAPISTRANO CENTRAD REDEVELOPMENT PROJECT
AREA."
COUNCILMANIC ITEMS:
1. CITY COUNCIL APPOINTMENT PROCESS FOR COMMISSIONS AND
COMMITTEES (110.20)
Meg Monahan, City Clerk, summarized the agenda report.
Bob Cardoza, city resident and Planning Commissioner, encouraged more
workshop sessions that provide direction to commissions and applicants. He
also said it takes a while to learn the commissioner role, legal issues, and
technical matters.
Council Comments:
Past efforts to make changes did not work.
■ Mandated change may have unintended results.
■ Include an Alternate on the Design Review Committee.
Use of a mayoral subcommittee to review applicants allows for extensive
interviews and finding the right fit
Council Action: Moved by Council Member Allevato, seconded by Council
Member Freese, and carried unanimously to continue the current City Council
appointment process for commissions and Committees while expressing to the
mayoral subcommittee the Council's desire to seek out new experience and
ideas.
Dave Adams, City Manager, anticipated difficult decisions will be needed to address the
current budget shortfall and the likelihood that the state may withhold additional money
from the city. $2 million in cuts need to be made due to reduced revenue and the state
may withhold another $3 to $4 million in funding. The state is also considering an
annual contribution to the state by redevelopment agencies.
12 12-02-2008
ADJOURNMENT
There being no further business, Mayor Nielsen adjourned the meeting at 11:20 p.m. to
Tuesday, December 16, 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 sub ,Ott d;
TRIARET R. MONAHAN, CITY CLERK
Appr ved: December 16, 2008
ES.T:
w1d)
1`
J -
MARK NIELS N, MAYOR
13 12-02-2008