09-0407_CC_Minutes_CC_Regular MeetingMINUTES
April 7, 2409
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:
Marsha Norman, City resident, spoke in favor of the parking restrictions on Camino
Capistrano and Alipaz Street due to safety issues and lack of parking for use of the
community park, and the importance in implementing and enforcing the Covenants,
Conditions & Restrictions (CC&Rs) in the affected neighborhoods.
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(a), the City Council conferred
with legal counsel pertaining to the matter of Ito vs. City of San Juan Capistrano.
b. Pursuant to Government Code section 54956.9(a), the City Council conferred
with legal counsel pertaining to the matter of Marbella Development Company vs.
City of San Juan Capistrano.
C. Pursuant to Government Code 54956.9(b), the City Council conferred with its
legal counsel pertaining to one item of significant exposure to litigation based on
existing facts and circumstances not yet known to the potential plaintiff or
plaintiffs.
d. Pursuant to Government Code Section 54956.9(a), the Council conferred with its
legal counsel regarding the matter of Juaneno Band of Mission Indians,
Acjachemen Nation (the "Belardes Group") vs. City of San Juan Capistrano.
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BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of San Juan
Capistrano at 5:35 p.m. in the City Council Chamber. Council Member Hribar led the
Pledge of Allegiance and Mayor pro tem Uso gave the invocation.
Mayor Nielsen dedicated the meeting to Mr. Richard O'Neill, the patriarch to
Rancho Mission Viejo. Mr. O'Neill helped transform Orange County's landscape by
developing his family's vast Rancho Mission Viejo. The Mayor recognized Mr. O'Neill for
his vast contributions to the region and for his commitment. to education, land
conservatory and historic preservation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tem Dr, Londres Uso and Mayor Nielsen
1010111. ►. 11........Lt........ i........ •i. s. -
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.
CITY COUNCIL COMMENTS & ORAL REPORTS:
r Participation in the interview process for the Orange County Fire Authority
Battalion Chief position.
• Ortega Shell Station grand opening ceremony.
• Rancho Mission Viejo "Portola Ride".
■ Desalinization Committee meeting.
■ "Taste of Dana"
■ "Dana Hills Art Show"
■ Congratulated the Mission for the "St. Joseph Day' activities and the Fiesta
Association for a successful Swallow's Day Parade & Mercado.
r San Juan Basin Authority meeting.
■ Possible merge of Vector Control and the County Agricultural Agency.
■ State of the County.
■ Meeting with representatives from Fire Station No. 7.
M Swallow's day conference at the Mission.
■ Economic Development Committee meeting.
■ "Swallows Day Parade"
■ South Orange County Wastewater Authority reports regarding future water rate
increases.
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• Interviews with Telemundo and La Opinion regarding the Community Issues
Committee and immigration issues.
■ Joint City Council and Commissions meeting.
■ Orange County Fire Authority meetings.
• "Ready Set Program" DVD will be shared with City Council.
• "San Juan Elementary Spring Festival"
■ Meetings with Staff regarding solutions for overcrowding issues.
■ Meeting with resource officer from San Juan Hills High School.
■ "Open House and Breakfast" for Assemblyperson Diane Harkey.
• Retail Strategy kick-off with The Buxton Company.
• Upcoming meetings for the city's next fiscal year budget.
Mayor Nielsen reported that the next meeting of the Open Space Committee will be held
May 11, 2009 at 6:30 p.m.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Cindy Russell, Assistant City Manager, announced the following upcoming
communitywide events:
• "Easter Eggstravaganza"
■ "SCORE Business Workshop"
• "San Juan Capistrano's 8th Annual Earth Day Event"
INTRODUCTIONS AND PRESENTATIONS
1, ERIN KUTNICK, FORMER TRANSPORTATION COMMISSIONER WAS
RECOGNIZED FOR HER SERVICES TO THE CITY (610.40)
Nasser Abbaszadeh, Public Works Director recognized Erin Kutnick, former
Transportation Commissioner for her services to the City. Mayor Nielsen
presented her with a plaque of appreciation. .
2. TOM LYTLE FORMER UTILITIES COMMISSIONER WAS RECOGNIZED FOR
HIS SERVICES TO THE CITY (610.40)
John O'Donnell, Utilities Director recognized Tom Lytle, former Utilities
Commissioner for his services to the City. Mayor Nielsen presented him with a
plaque of appreciation.
3. METHYL TERTIARY BUTYL ETHER (MTBE) TESTING AND REMEDIATION
EFFORTS BY CHEVRON — STATUS REPORT (530.25)
John O'Donnell, Utilities Director, and Eric Bauman, Utilities Engineer, provided a
status report pertaining to Chevron's MTBE testing and remediation efforts.
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2. COMMISSIONERS PRESENT AT THE MEETING (110.10)
Mayor pro tem Uso introduced the following individuals in attendance: Joanne
Marquez, Jess Lopez, William Bonney and Gila Jones, Housing Advisory
Committee; Lee Goode, Utilities Commission; David Forster, Transportation
Commission; Michael S. Rhode, Battalion Chief, Orange County Fire Authority
and former Mayor Joe Soto.
ORAL COMMUNICATIONS
■ Joan Irvine Smith, City resident, spoke about the extension of the 241 toll road.
■ Marsha Norman, City resident, spoke regarding unsafe and unsightly conditions
on Valle Road and distributed pictures and a petition signed by residents.
Dave Adams, City Manager, gave an update regarding the initiation of legal
proceedings against Suncal and pursuit of the Bonds that were placed to insure
the work.
■ Cameron Grenier, City resident, submitted a letter to Council regarding the
events held at the Forster Mansion without City permits. Steve Apple, Community
Development Director, gave an update regarding the City's position in the matter,
Code Enforcement staff has issued five (5) citations for fifteen (15) violations and
will go through a lien process to collect the fees. The City was informed that no
other evens will be held; and a Conditional Use Permit is in the process at this
time.
■ Steve Nelson, City resident, spoke regarding illegal immigration and increases in
gang population.
■ Tony Brown, City resident, spoke on overcrowding issues and urged the City to
look for solutions.
■ Cheryl Burns, City resident, spoke in favor of parking restriction on Camino
Capistrano due to safety issues.
■ Omar Sandoval, City Attorney, gave an update regarding the parking restrictions
on Camino Capistrano and Alipaz Street. Staff is in the process of identifying
whether the California Environmental Quality Act (CEQA) laws apply. Staff will
bring the matter back to the City Council for review and final determination.
■ Patrick Crowley, City resident, spoke in favor of the parking restrictions on
Camino Capistrano and Alipaz Street; improvements needed on Valle Road; and
improvement with transient issues in town.
■ Raul Tellez, City resident, spoke against the parking restrictions on Camino
Capistrano due to lack of parking and the hardship it creates for residents in the
area.
■ Alvin Ehrig, City resident, representing Rio Vista Homeowners Association,
spoke regarding overcrowding, safety issues, and distributed pictures to the City
Council.
■ Kim McCarthy, City resident, felt all arterial streets should be banned from
parking and spoke on overcrowding issues.
■ Joanne Marquez, City resident, representing Capistrano Villas Homeowners
Association No. 3, asked for reconsideration of the parking restrictions on
4 04-07-2009
Camino Capistrano; lack of notifications to the affected residents; and the need
to re-evaluate the current parking program in the Capistrano Villas.
■ Joe Homs, City resident, representing Capistrano Villas Homeowners
Association No. 1, requested the parking restrictions on Camino Capistrano and
Alipaz Street to be furthered studied; and felt that traffic concerns should be
addressed separately from housing issues.
■ Sindy Garcia, City resident, concerned with danger by parking far away from
home due to the parking restrictions on Camino Capistrano, and the lack of
notification to affected residents.
■ Chris Kervick, City resident, representing Capistrano Villas Homeowners
Association No. 1, 2 and 3, requested that the City study the current parking
permit program to help alleviate parking issues.
■ Ed Connor, City resident, asked for reconsideration of the parking restrictions on
Camino Capistrano and Alipaz Street due to lack of notification and compliance
with the law.
■ Beryl Young, Laguna Niguel resident, representing Capistrano Villas
Homeowners Association 2, requested the reconsideration of the parking
restrictions on Camino Capistrano; and discussed the different rates for parking
permit programs throughout the City.
■ Juan Pena, City resident, spoke in opposition to the parking restrictions on
Camino Capistrano due to the negative impact to his family.
■ Bradley Reyes, City resident, asked for reconsideration of the parking restrictions
due to safety concerns by having to park far from home in the evenings.
■ Kim Lefner, City resident, felt that parking should not be allowed on arterial
roads; and spoke regarding overcrowding issues.
■ Janet Moreno, City resident, representing Coastal Resources Homeowners
Association, felt that overcrowding issues will not change; and spoke regarding
lack of enforcement for the parking permit program.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1 through 7, and
11 and 12 as recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 17, 2009,
APPROVED.
D3. ACCOUNTS PAYABLE WARRANTS DATED MARCH 12, 2009 IN THE TOTAL
AMOUNT OF $1,185,940.91, AND MARCH 26, 2009 IN THE TOTAL AMOUNT
OF $2,049,203.54; AND PAYROLL WARRANTS DATED MARCH 6, 2009, IN
THE TOTAL AMOUNT OF $306,694.30 AND MARCH 20, 2009 IN THE TOTAL
AMOUNT OF $407,917.77 (300.30)
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D4. CASH BALANCES BY FUND — JANUARY 31, 2009, RECEIVED AND FILED
(330.50)
D5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT -- MONTH ENDING
MARCH 15, 2009, RECEIVED AND FILED (440.10)
D6. CLAIM OF CAPISTRANO DE ORO HOMEOWNERS ASSOCIATION DENIED
BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE
CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70)
D7. DECLARATION OF VACANCIES ON THE YOUTH ADVISORY BOARD; CITY
CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL VACANCIES
(1'10.20)
D8. PURCHASES OF TWO (2) FORD F150 TRUCKS, ONE (1) FORD ESCAPE
HYBRID VEHICLE FROM CAPISTRANO FORD; AND ONE (1) TOYOTA PRIUS
FROM CAPISTRANO TOYOTA IN THE AMOUNT, AND APPROPRIATION
FROM THE AQMDIAB2766 FUND, APPROVED (370.30)
Council Comments
■ Council leading by example by purchasing from local dealers and
residents encouraged to do the same.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried 4-1 with Council Member Allevato absent (stepped out of the
Chamber) to approve the purchases of two (2) Ford F150 trucks, one (1) Ford
Escape hybrid vehicle from Capistrano Ford in the amount of $73,930.08; and
one (1) Toyota Prius from Capistrano Toyota in the amount of $24,104.37, and
$58,517.32 appropriated from the agmdfab2766 fund.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Hribar, Freese, Uso and Mayor Nielsen
None
Allevato (stepped out of the Chamber)
D9. RESOLUTION NO. 09-04-07-01 ADOPTED SUPPORTING CENSUS DAY 2010
(440.15)
Council Comments:
■ Importance to have an accurate count for potential source of revenues
that can benefit the City.
Council Action: Moved by Council Member Freese, seconded by Council
Member Allevato, and carried unanimously to adopt Resolution No. 09-04-07-01
entitled " A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING CENSUS DAY 2010 (CENSUS 2010)".
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D10. RESOLUTION NO. 09-04-07-02 ADOPTED CREATING THE POSITIONS OF
UTILITIES OPERATOR 11 — GROUNDWATER TREATMENT PLANT, AND
UTILITIES OPERATOR III — GROUND WATER TREATMENT PLANT (700.20)
Council Action: Moved by Council Member Freese, seconded by Council
Member Allevato, and carried unanimously to adopt Resolution No. 09-04-07-02
entitled "A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 94-12-06-05, THE CITY'S
CLASSIFICATION AND COMPENSATION PLAN CREATING THE POSITIONS
OF UTILITIES OPERATOR 11 — GROUNDWATER TREATMENT PLANT, AND
UTILITIES OPERATOR III --- GROUND WATER TREATMENT PLANT".
D11. CITY COUNCIL MINUTES — JOINT ADJOURNED REGULAR MEETING OF
MARCH 25, 2009, APPROVED.
D12. SAN JUAN CAPISTRANO PUBLIC FINANCIAL AUTHORITY MINUTES —
SPECIAL MEETING OF MARCH 17, 2009, APPROVED.
PUBLIC HEARING:
E1 RESOLUTION NO. 09-04-07-03 ADOPTED REDEFINING THE BOUNDARY
FOR UNDERGROUND UTILITY DISTRICT 05-02 AT DEL OBISPO STREET,
ALIPAZ STREET TO PASEO ADELANTO (345.50)
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded to questions.
Mayor Nielsen opened the public hearing and invited testimony. No public
testimony was provided. Mayor Nielsen closed the public hearing.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Freese, and carried unanimously to adopt Resolution No. 09-04-07-03 entitled,
"A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE REVISED BOUNDARY OF UNDERGROUND UTILITY
DISTRICT 05-02.
RECESS AND RECONVENE
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency and reconvened following the agency's business.
7 04-07-2009
ADMINISTRATIVE ITEMS:
G1. PUBLIC WORKS DIRECTOR
a. PERSONAL SERVICES AGREEMENT WITH ADAMS STREETER CIVIL
ENGINEERS FOR THE PREPARATION OF PLANS FOR THE CALLS
RESPLENDOR STORM DRAIN CAPITAL IMPROVEMENT PROJECT AND
APPROPRIATION OF FUNDS, APPROVED (600.30)
Council Action: Moved by Council Member Allevato, seconded by Council
Member Freese, and carried unanimously to approve Personal Services
Agreement with Adams Streeter Civil Engineers for the preparation of plans for
the Calle Resplendor Storm Drain Capital Improvement Project in the amount of
$39,910, approved and City Manager authorized to execute the Personal
Services Agreement; and $966,358 appropriated from the general fund reserves
to support an Increase in CIP Account No. 12.Xxxxx-4701-130 for design,
construction and contingencies, and for project administration, management, and
inspection by staff.
ORDINANCES:
H1. ORDINANCE NO. 955: UPDATING PORTIONS OF CODE SECTION 9-5.103
ENTITLED "HOUSING IN -LIEU FEES" (430.45)
Maria Morris, Deputy City Clerk, provided an agenda report and read the title of
the ordinance.
Council Comment:
■ Preference for in -lieu fees to be applicable to three (3) or more dwelling
units instead of the ordinances requirement of two (2) or more units.
Council Action: Moved by Council Member Freese, seconded by Council
Member Uso, and carried 3-2 with Council Member Allevato and Council Member
Hribar opposed to adopt Ordinance No. 955 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."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Uso and Mayor Nielsen
NOES: COUNCIL MEMBER: Allevato and Hribar
ABSENT: COUNCIL MEMBER: None
8 04-07-2009
H2. ORDINANCE NO. 956: PERTAINING TO REGULATION OF DISPOSAL OF
FAT, OIL AND GREASE (FOG) FROM FOOD SERVICE FACILITIES (810.80)
Maria Morris, Deputy City Clerk, provided an agenda report and read the title of
the ordinance.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously to adopt Ordinance No. 956 entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING REGULATIONS FOR THE USE OF SANITARY SEWER
FACILITIES BY FOOD SERVICE ESTABLISHMENTS AND OTHER PRIVATE
SYSTEMS DISCHARGING TO THE PUBLIC SEWER."
COUNCILMANIC ITEMS:
11. CITY COUNCIL POLICY NO. 211 RELATED TO COMMISSION/BOARD
ATTENDANCE STANDARDS, MODIFIED (610.30)
Maria Morris, Deputy City Clerk, provided an agenda report.
Council Action: Moved by Mayor Nielsen, seconded by Council Member Allevato,
and carried 4-1, with Council Member Freese opposed, to modify City Council
Policy 211 to add additional language stating "Excused or unexcused absences
may not exceed 35% of the scheduled meetings in a twelve (12) month period or,
the appointee shall be deemed to have vacated his/her office, unless there exists
extenuating circumstances in which the City Council shall review for final
determination"
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ADJOURNMENT:
Allevato, Hribar, Uso and Mayor Nielsen
Freese
None
There being no further business, Mayor Nielsen adjourned the meeting at 9:18 p.m. to
Tuesday, April 14, 2009 at 4:30 p.m. for a Closed Session, in the City Council
Chambers; and then to the Regular meeting of April 21, 2009 at 5:30 p.m. for Closed
Session and 6:30 p.m. for the public Business Session, in the City Council Chambers.
9 04-07-2009
fitted,
S, OEPUT' CIT' CLERK
Approved: April 21,
ATTEST:
MA K IEL EN, MAY R
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