09-0317_CC_Minutes_Regular Meeting03-17-2009 1
MINUTES
March 17, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Nielsen called the Regular Meeting of the City Council to order at
5:33 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
COUNCIL MEMBERS ABSENT: None
PUBLIC COMMENT: None
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with legal counsel pertaining to the potential initiation of litigation involving two
cases.
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of San Juan
Capistrano to at 6:35 p.m. in the City Council Chamber. Council Member Hribar led the
Pledge of Allegiance and Council Member Allevato gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
COUNCIL MEMBERS/DIRECTORS 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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Mayor Nielsen announced that no reportable actions took place in Closed Session.
03-17-2009 2
CITY COUNCIL COMMENTS & ORAL REPORTS:
City Council not notified of a creek spill originating outside of San Juan
Capistrano that flowed thru our community and caused a beach closure south of
the City.
Transportation Corridor Agencies meeting.
“Broken Badge” play
“Principal for a day” at Ambuehl Elementary School.
League of California Cities meeting.
“La Presidenta Ball”
Dedication of Teen Center at the Boys & Girls Club.
Finance Committee for Orange County Fire Authority
Orange County Business Council meeting
Congressional delegation meetings in Washington D.C.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the next meeting of the Open Space Committee will be held
April 6, 2009 at 6:30 p.m.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
“Fiesta Grande”
“St. Joseph’s Day Festivities” at the Mission San Juan Capistrano
“Hoos’Gow Day”
“The Annual Swallow’s Day Parade”
“The Mercado Street Fair”
INTRODUCTIONS AND PRESENTATIONS
1. TOM JOHNSON, UTILITIES SUPERINTENDENT RECOGNIZED FOR 15
YEARS OF SERVICE (610.40)
John O’Donnell, Utilities Director recognized Tom Johnson, Utilities
Superintendent for 15 years of service. Mayor Nielsen presented him with a
certificate of appreciation.
2. COMMISSIONERS PRESENT AT THE MEETING (110.10)
Mayor pro tem Uso introduced the following individuals in attendance: Jean
Savage Transportation Commission; Les Blair, San Juan Senior Liaison;
Ray Miller, Utilities Commission; Ginny Kerr, Planning Commission; Gail Zukow,
Parks, Recreation & Equestrian Commission and Dan Runnestrand, Battalion
Chief, Orange County Fire Authority.
03-17-2009 3
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, spoke about Ortega Widening project; extension of the
241 toll road; and submitted brochures “California’s True Gold” to the Council and
public.
Kim McCarthy, City resident, felt services provided at CHEC only benefit the minorities.
Mayor pro tem Uso asked staff to look into matter to make sure services are provided to
all members of the community.
Patrick Crowley, City resident, spoke regarding overcrowding, traffic and transient
issues.
Dusty Otero, City resident, thanked the Council for the new crosswalk lights at El Adobe
restaurant; and volunteered landscaping services involving city parks and open space.
CONSENT CALENDAR
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Uso,
and carried unanimously to approve consent calendar items 1 through 6, and 9 as
recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES – ADJOURNED REGULAR MEETING OF
FEBRUARY 19, 2009, APPROVED.
D3. CITY COUNCIL MINUTES – ADJOURNED REGULAR MEETING OF
MARCH 3, 2009, APPROVED.
D4. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 26, 2009, IN THE
TOTAL AMOUNT OF $1,512,053.13; AND PAYROLL WARRANTS DATED
FEBRUARY 6, 2009, IN THE TOTAL AMOUNT OF $302,320.91, RECEIVED
AND FILED (300.30)
D5. REPORT OF INVESTMENTS – MONTH ENDING JANUARY 31, 2009,
RECEIVED AND FILED (350.30)
D6. RESOLUTION NO. 09-03-17-01 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING ZERO WASTE PRINCIPLES AND STATEWIDE
“ZERO WASTE CALIFORNIA” EFFORTS” (810.60)
03-17-2009 4
D7. RESOLUTION NO. 09-03-17-02 – QUITCLAIMING THE CITY’S IRREVOCABLE
OFFER OF DEDICATION FOR STREET PURPOSES, LOT 3, PARCEL 92-253
(EVITA TRUST) (670.50)
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded to questions.
Council Action: Moved by Mayor Nielsen, seconded by Council Member Hribar,
and carried unanimously, to adopt a resolution entitled, “A RESOLUTION OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, QUITCLAIMING THE
CITY’S IRREVOCABLE OFFER OF DEDICATION FOR STREET PURPOSES,
WITHIN LOT 3, PARCEL MAP 92-253 (EVITA TRUST) (31629 AVENIDA
EVITA); and the City Clerk directed to record the quitclaim deed.
D8. CONSTRUCTION CONTRACT WITH SOCAL PUMP AND WELL DRILLING,
INC. FOR THE CONSTRUCTION OF THE EASTERLY WELL AND PIPELINES
PROJECT IN THE AMOUNT OF $382,348.00 APPROVED (600.30)
John O’Donnell, Utilities Director, provided a staff report and responded to
questions.
Council Action: Moved by Council Member Freese, seconded by Council
Member Hribar, and carried unanimously, to approve Construction Contract with
SoCal Pump and Well Drilling, Inc, in the amount of $382,348.00, for the
construction of the Easterly Well and Pipeline project.
D9. ADDENDUM NO. 4 TO THE PERSONAL SERVICES AGREEMENT WITH
ENVIRONMENTAL SCIENCE ASSOCIATES FOR AN INCREASE AMOUNT OF
$15,532 FOR THE PREPARATION OF AN INITIAL STUDY FOR THE
TERMINAL RESERVOIR REHABILITATION AND UPDATE BIOLOGICAL
ASSESSMENT FOR THE RECYCLED WATER MASTER PLAN, APPROVED,
CITY MANAGER AUTHORIZED TO SIGN AGREEMENT; AND PERSONAL
SERVICES AGREEMENT WITH APPLIED EARTHWORKS, INC. IN THE
AMOUNT NOT TO EXCEED $10,516.50, TO PREPARE, ADMINISTER AND
PERFORM A CULTURAL RESOURCES CONSULTATION FOR THE
RECYCLED WATER MASTER PLANNED FACILITIES AND REVISE EXISTING
CULTURAL RESOURCES ASSESSMENT AND TREATMENT PLANS TO
REFLECT THE CONSULTATION COMMENTS, APPROVED, CITY MANAGER
AUTHORIZED TO SIGN THE AGREEMENT (600.30)
D10. RESOLUTION NO. 09-03-17-03 – SUPPORTING THE PRESERVATION OF
THE ORANGE COUNTY FAIRGROUNDS EQUESTRIAN FACILITIES (960.50)
Public Comments:
Dr. Julie Johnson, City resident, spoke regarding the use of the Orange
County Fairgrounds equestrian facilities during the last fires.
03-17-2009 5
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously, to adopt a resolution entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUPPORTING THE PRESERVATION OF THE
ORANGE COUNTY FAIRGROUNDS EQUESTRIAN FACILITIES (7.5 ACRES)”
PUBLIC HEARING:
E1. HOUSING IN-LIEU FEES: ORDINANCE INTRODUCED UPDATING PORTIONS
OF CODE SECTIONS OF TITLE 9, CHAPTER 5, SECTIONS 103,
SUBSECTION (B) AND (C) OF THE IN-LIEU FEE WITH REVISIONS (430.45)
Laura Stokes, Housing Coordinator, provided a slide show presentation and
responded to questions.
Mayor Nielsen opened the public hearing.
Public Testimony:
David Greminger, City resident, felt government should not be involved in
subsidizing low income housing; and ordinance would discourage future
development in the City.
Paul Johnson, President of Building Industry Association (BIA), felt the
policy would directly impact the already hurting industries; and requested
that the City Council take the Planning Commission’s original
recommendation.
William Griffith, City resident, spoke regarding government stimulation
housing strategy.
Bryan Starr, representing Building Industry Association (BIA), spoke in
opposition to housing mandates; and the need to treat case by case.
Mayor Nielsen closed the public hearing.
Omar Sandoval, City Attorney, explained that the fee is an alternative at the
option of developers to pay a fee rather that build affordable units required
pursuant to the Housing Element of the City’s General Plan.
Council Comment:
Fees should be remitted prior to issuance of Certificate of Occupancy.
Affordable housing credit should be included in Housing Element.
Opposition to increase fees.
Maria Morris, Deputy City Clerk, read the title of the ordinance.
03-17-2009 6
Council Action: Moved by Mayor Nielsen, seconded by Mayor pro tem Uso, and
carried 3-2, with Council Member Allevato and Council Member Hribar opposed
to approve first reading and introduction of ordinance entitled, “AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING CODE
AMENDMENT TITLE 9-LAND USE RELATING TO THE
IN-LIEU AFFORDABLE HOUSING FEE DESCRIPTION SET FORTH IN
SECTION 9-5.103.”; adding to exhibit A, page 1, second paragraph…The
schedule for payment of said in-lieu affordable housing fee shall be negotiated
with the City Council during the review process of the project, but in all cases, the
fee shall be remitted prior to issuance of Certificate of Occupancy; and page 2 of
exhibit A, second paragraph….the City Council and developer may negotiate the
amount of the in-lieu affordable housing fee during the review process for the
project, so long as amount is equitable to what a developer would have been
required to provide if including affordable housing within their development.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Uso, and Mayor Nielsen
NOES: COUNCIL MEMBER: Allevato and Hribar
ABSENT: COUNCIL MEMBER: None
E2. RESOLUTION NO. 09-03-17-04 ADOPTED APPROVING THE REVISED
BOUNDARY OF UNDERGROUND UTILITY DISTRICT 05-01 (345.50).
Nasser Abbaszadeh, Public Works Director, provided a staff report.
Mayor Nielsen opened the public hearing and invited testimony. No public
testimony was provided. Mayor Nielsen closed the public hearing.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously, to adopt Resolution No. 09-03-17-04 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE REVISED BOUNDARY OF
UNDERGROUND UTILITY DISTRICT 05-01.
E3. NECESSITY AUTHORIZING THE ACQUISITION OF PROPERTY FOR DEL
OBISPO STREET AND CAMINO CAPISTRANO INTERSECTION
IMPROVEMENTS (OWNERS: PLAZA DE PROSPERIDAD, L.P)
(APN 668-242-16) (CIP NO. 111) (670.40) CONTINUED TO FUTURE MEETING
Written Correspondence:
Julie Moll, e-mailed, March 11, 2009, opposed to removal of trees.
Anonymous e-mailed, March 11, 2009, opposed to the Camino
Capistrano/Del Obispo widening and the removal of trees.
Howard Larkins, e-mailed, March 11, 2009, opposed to removal of trees.
Sandy Heil, e-mailed, March 12, 2009, opposed to capital improvement
project no. 111.
03-17-2009 7
Matt McGraw, emailed, March 12, 2009, opposed to removal of trees.
Rick E. Rayl, Nossaman, e-mailed & mailed letter, March 13, 2009,
regarding counter offer and opposition of acquisition of property.
Kathy Flores, e-mailed, Mach16, 2009, opposed to capital improvement
project no.111.
Richard K. Scully, letter, March 14, 2009, opposed to project and removal
of trees.
Scott Bayles, e-mailed, March 12, 2009, opposed to project and removal
of trees.
Richard Detoy, e-mailed, March 13, 2009, opposed to project, removal of
trees and concern with impact it would create as a business owner of
Plaza Prosperidad.
Council Member Hribar recused himself from considering this item due to his
property interest and left the Chambers.
Mayor Nielsen opened the public hearing.
Public Testimony:
Orrie Brown, representing Plaza de Prosperidad LP, invited the City
Council to walk through the property.
Kim McCarthy, City resident, was not in favor of the project.
Mayor Nielsen closed the public hearing.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Allevato, and carried 4-1, with Council Member Hribar recused, to continue the
public hearing to a future meeting.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Freese, Uso, and Mayor
Nielsen
NOES: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Hribar
RECESS AND RECONVENE
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency and Public Financing Authority meetings and reconvened following the agency’s
business.
03-17-2009 8
ADMINISTRATIVE ITEMS:
H1. CITY MANAGER
a. RESOLUTION NO. 09-03-17-05: ADOPTED APPROVING CERTAIN
DOCUMENTS AND AUTHORIZED CERTAIN ACTS IN CONNECTION WITH
EXECUTION AND DELIVERY OF AN AMOUNT, NOT TO EXCEED $12,000,000
OF REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2009 BY THE
SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY; AND
RESOLUTION NO. 09-03-17-06: ADOPTED APPROVING THE
REIMBURSEMENT OF PROJECT COSTS INCURRED BY THE CITY PRIOR
TO THE ISSUANCE FROM THE PROCEEDS OF THE REVENUE
CERTIFICATES OF PARTICIPATION, SERIES 2009. (355.40)
Cindy Russell, Assistant City Manager/City Treasurer, provided a staff report and
responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously, to adopt Resolution No. 09-03-17-05 entitled “A
RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY OF CERTAIN
DOCUMENTS AND AUTHORIZING CERTAIN ACTS IN CONNECTION WITH
THE EXECUTION AND DELIVERY OF NOT TO EXCEED $12,000,000
REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2009 (WATER
REVENUE); and Resolution no. 09-03-17-06 entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REGARDING ITS
INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS AND TO REIMBURSE
THE CITY FROM PROCEEDS OF SUCH OBLIGATIONS FOR COSTS
INCURRED PRIOR TO ISSUANCE (WATER SYSTEM IMPROVEMENTS.)”
b. CITY COUNCIL PRIORITY LIST FOR FY 2009/10 APPROVED (330.20)
Cindy Russell, Assistant City Manager, provided a staff report and responded to
questions.
Council Comment:
Items to remove or merge with other priorities
- Regional Traffic Issues
- Aggressively Pursue Destination Hotel
- City Wide Open Space Program
- Property Acquisition/Preservation Efforts
- Develop Trail Projects
- Downtown Lighting, Final Phase
- Pursuit of Outside Funding Opportunities/Grants
Items to retain and modify as needed
- Implementation of Railroad Quite Zones
03-17-2009 9
- Ortega Widening Project – Environmental/Design Input
- I-5/Ortega Interchange
- Little Hollywood
- Camino Las Ramblas Site/Evaluate Feasibility of Acquisition
- Season’s Sr. Apartments, Phase II
- Lower Rosan Site-Disposition
- Upgrade City Standards to Enhance Community Character
- North West Open Space – Phase I Park
- Downtown Trolley Development Plan
- Downtown Visitor’s Center
- Facilitate Reopening of Movie Theatre
- Rezone Mission/Business District
- Develop Streetscape/Pedestrian Lighting Program
- Landscaped Medians (CRA)
- Amend CRA Project Area (CRA)
- Develop Long Term Vision/Strategic Business Plan
- Oversight/Resolution of MTBE Issues
New items to list
- Zoning/Code Revisions
- General Plan Mini-Update
- Develop Park at La Novia/San Juan Creek Rd.
- Downtown Master Plan Development (CRA)
- Hospitality Overlay
- Initiate Citizen Volunteer Program
Council Action: No action taken
H2. PUBLIC WORKS DIRECTOR
a. ORDINANCE INTRODUCED WITH REVISIONS PERTAINING TO
REGULATION OF DISPOSAL OF FAT, OIL AND GREASE (FOG), FROM
FOOD SERVICE FACILITIES (810.80).
Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to
questions.
Charles McBride, Senior Engineer, presented a video of sewer system.
Financial assistance program to come back to council for review.
Maria Morris, Deputy City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Nielsen, seconded by Council Member Hribar,
and carried unanimously, to approved first reading and introduction of an
ordinance entitled, “AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR THE USE OF
03-17-2009 10
SANITARY SEWER FACILITIES BY FOOD SERVICE ESTABLISHMENTS AND
OTHER PRIVATE SYSTEMS DISCHARGING TO THE PUBLIC SEWER.”;
revising page 13 under Section 6-13.06 (a)…prior to commencing business or
operations within the City, install a grease interceptor control device sized and
designed in accordance with the requirements of the California Pluming Code.
Grease interceptor control device installation and related construction shall be
subject …; and under Section 6-13-06 (b)…New grease interceptors control
devices shall be reviewed by submission…;and staff to bring back in 60 days
details on financial assistance program for the installation of grease interceptors
on existing food facilities.
H3. CITY ATTORNEY
a. RESOLUTION NO. 09-03-17-07 ADOPTED CLARIFYING CONDITION NO. 77
OF TENTATIVE TRACT MAP (TTM) 16146 (420.40).
Written Correspondence:
George Polycrates, P.E., George Polycrates & Associates, letter dated
March 13, 2009, revised condition not clear in whether the law obligates
the developer to release his rights to the City.
Charles S. Krolikowski, Newmeyer & Dillon, LLP, dated March 16, 2009,
requesting the City to reject the proposed Resolution clarifying
condition 77.
Omar Sandoval, City Attorney, provided a staff report.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously, to adopt Resolution No. 09-03-17-07 entitled “A
RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CLARIFICATIONS AND MODIFICATIONS TO
SEVERAL CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP 16146
(SCALZO FAMILY TRUST).”
ORDINANCES:
I1. ORDINANCE NO. 954: AMENDING THE OFFICAL ZONING MAP FROM
OFFICE COMMERCIAL TO PLANNED COMMUNITY AND ADOPTING
COMPREHENSIVE DEVELOPMENT PLAN 09-01 AND REZONE 08-007 –
CACHIA MEDICAL BUILDING (440.25/460.20/410.60)
Maria Morris, Deputy City Clerk, provided an agenda report and read the title of
the ordinance.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Allevato, and carried unanimously to adopt Ordinance No. 954 entitled, “AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
03-17-2009 11
AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE ZONING OF THE
SUBJECT PROPERTY FROM THE OFFICE COMMERCIAL (OC)
DESIGNATION TO THE PLANNED COMMUNITY (PC) AND, ADOPTION OF
COMPREHENSIVE DEVELOPMENT PLAN 09-01 (REZONE 08-007) (CACHIA
MEDICAL BUILDING).
COUNCILMANIC ITEMS:
J1. APPOINTMENTS TO THE PARKS, RECREATION AND EQUESTRIAN
COMMISSION – NO ACTION TAKEN (110.20)
Maria Morris, Deputy City Clerk, provided an agenda report.
Council Comments:
Preference in keeping membership to 5 members.
Need to focus on possible Volunteer Activities Committee.
Creating diversity by selecting members from different parts of town.
Keep established membership of 5 to 7 members.
J2. VOLUNTEER ACTIVITIES COMMITTEE SUPPORTED BY THE CITY COUNCIL
– NO ACTION TAKEN (130.80)
Karen Crocker, Community Services Director, provided an agenda report.
Public Comments:
Jonathan Volzke, City resident, concerned with leadership structure, and
felt City should not be involved.
Council Comments:
Concerns with possible burden on staff.
Creation of a subcommittee to work with staff to define duties of
Committee.
Council to receive quarterly reports and return to Council in one year for
review.
J3. RAYMOND MILLER, UTILITIES COMMISSIONER SELECTED TO SERVE AS
THE CITY’S REPRESENTATIVE TO THE SOUTH ORANGE COUNTY WASTE
WATER AUTHORITY (SOCWA), THROUGH DECEMBER 31, 2009, AND
MAYOR PRO TEM USO TO SERVE AS ALTERNATE REPRESENTATIVE
(610.60) .
Maria Morris, Deputy City Clerk, provided an agenda report.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously, to select Raymond Miller, Utilities Commissioner
to serve as the City’s representative to the South Orange County Wastewater
Authority (SOCWA), through December 31, 2009, and Mayor pro tem Uso to
serve as the alternate representative.