09-0421_CC_Minutes_Regular MeetingMINUTES
April 21, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: None
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of San Juan
Capistrano at 6:33 p.m. in the City Council Chamber. Council Member Hribar led the
Pledge of Allegiance and Council Member Freese gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
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 & ORAL REPORTS:
Toll Road Corridor Agency Board of Directors meeting.
■ Orange County Sheriffs Medal of Valor Luncheon.
■ Funeral Services for Richard O'Neill at Mission Basilica.
Closed Session meeting for City Manager's Performance.
■ Meeting with representatives from the Mission.
■ Meeting with Townsend Public Affairs regarding funding opportunities at the
State level.
■ Meeting with representatives of Orange County Coastkeeper.
■ Passing of Bill Webb, 64 year resident.
M Watershed Environmental meeting.
■ Vector Control meeting.
■ Aqueduct Inspection Trip with Metropolitan Water District and Municipal Water
District of Orange County.
■ League of California Cities meeting.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the next meeting of the Open Space Committee will be held
May 11, 2009 at 6:30 p.m.
04-21-2€109
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
Chamber of Commerce Governmental Affair meeting
■ "Earth Day" at Community Center & Ecology Center.
Free E -Waste Collection at City Hall.
INTRODUCTIONS AND PRESENTATIONS
1. APRIL 2009 PROCLAIMED AS DMVfDONATE LIFE CALIFORNIA MONTH
(610.40)
Mayor Nielsen proclaimed April 2009 as DMV/Donate Life California Month and
presented a proclamation to David Hollon, representative of Donate Life
California Organ & Tissue Donor Registry.
2. APRIL 26 — MAY 2 PROCLAIMED AS NATIONAL CRIME VICTIMS' WEEK
(610.40)
Mayor Nielsen proclaimed April 26 — May 2 as National Crime Victims' Week and
presented a proclamation to Collene Campbell, former Mayor and National Crime
Victims' Advocate.
3. APRIL 23, 2009 PROCLAIMED AS EARTH DAY (610.40)
Mayor Nielsen proclaimed April 23, 2009 as Earth Day, presented a proclamation
to Evan Marks, Ecology Center, and invited all residents and businesses to
attend the City's Stn annual Earth Day Fair.
4. BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY RECOGNIZED FOR A
GREEN BUILDING PREMIUM TEEN CENTER (610.40)
Ziad Mazboudi, Senior Civil Engineer, recognized the Boys & Girls Clubs of
Capistrano Valley for a Green Building Premium Teen Center. Mayor Nielsen
presented a certificate of recognition to James Littlejohn, Executive Director, and
former Mayor Ken Friess, Friess Construction Company.
5. GOODWILL PRESENTED CERTIFICATE OF APPRECIATION FOR
RECYCLING EFFORTS (610.40)
Katherine Ransom, Goodwill of Orange County presented a Certificate of
Appreciation to Ziad Mazboudi, Senior Civil Engineer and to the City for recycling
efforts.
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6. APRIL 2009 PROCLAIMED AS JAZZ APPRECIATION MONTH (6'10.40)
Mayor Nielsen proclaimed April 2009 as Jazz Appreciation Month, and presented
a proclamation to Metro Java, 'The Vintage Steak House, and Ciao Pasta.
7. Mayor pro tem Uso introduced the following individuals in attendance:
Gila Jones, Housing Advisory Committee; ,Jean Savage, Transportation
Commission, Les Blair, San Juan Senior Liaison; and Dan Runnestrand,
Battalion Chief, Orange County Fire Authority.
ORAL COMMUNICATIONS
■ Joan Irvine Smith, City resident, spoke about the extension of the 241 toll road,
and the Ortega Highway Widening project.
■ Arturo Guevara, City resident, submitted a letter, requesting the City to send a
letter to Congress and the Senate requesting a Moratorium to stop all
deportation.
■ Tony Brown, City resident, spoke regarding the E -Verify program.
r Kim McCarthy, City resident, felt services provided at CHEC are only made
known to the Hispanic community.
■ Rudy Villalobos, asked for support and facilitation in obtaining access to the
City's Sports fields for their soccer league.
CONSENT CALENDAR
Council Action: Moved by Council Member Allevato, seconded by Council Member
Hribar, and carried unanimously to approve consent calendar items 1, 3 through 5, 7, 10
and 12 as recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 7, 2009,
APPROVED.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to approve the April 7, 2009 City Council minutes.
D3. ACCOUNTS PAYABLE WARRANTS DATED APRIL 9, 2009 IN THE TOTAL
AMOUNT OF $655,866.39, AND PAYROLL WARRANTS DATED APRIL 3,
2009, IN THE TOTAL AMOUNT OF $349,649.21, RECEIVED AND FILED
(300.30)
D4. REPORT OF INVESTMENTS — MONTH ENDING FEBRUARY 28, 2009,
RECEIVED AND FILED (350.30)
3 04-21-2009
D5: CASH BALANCES BY FUND — FEBRUARY 28, 2009, RECEIVED AND FILED
(330.50)
D6. TREE TRIMMING SERVICES AGREEMENT CONTINUED TO FUTURE
MEETING (600.30)
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded to questions.
Council Comment:
■ Concerns with cost increase in agreement from previous years.
■ Price of software to be included in the agreement.
Council Action: Moved by Council Member Freese, seconded by Council
Member Allevato, and carried unanimously to continue the item to a future
meeting for further clarifications; and staff directed to look into pricing of software,
D7. RANCHO MISSION VIEJO ROAD AND PASEO ESPADA DELETED FROM
THE 2008-2009 CAPITAL IMPROVEMENT PROGRAM; AND $50,000
RE -APPROPRIATED FROM THAT FUND FOR TRAFFIC SIGNAL CABINET
UPGRADES AT CAMINO CAPISTRANO/AVENIDA AEROPUERTO AND
DOHENY PARK DRIVEICOSTCO DRIVEWAY; AND REMAINING $245,000
RETURN TO THE FUND BALANCE (590.50)
D8. FOURTH AMENDMENT WITH CR&R, INC. FOR SOLID WASTE COLLECTION,
APPROVED. (600.30)
Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to
questions.
Dean Ruffridge, CR&R, Inc., responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to approve the Fourth Amendment to the Solid
Waste Collection with CR&R, Inc; including addition of 5% increase to the
800 ton per year for green waste free disposal; and City Manager authorized to
execute the agreement
D9. RESOLUTION NO. 09-04-21-01 ADOPTED APPROVING A MITIGATED
NEGATIVE DECLARATION FOR DEL OBISPO AND CAMINO CAPISTRANO
INTERSECTION IMPROVEMENTS; APPROVAL OF THE PLANS AND
SPECIFICATIONS, AND THE DESIGN ADDENDUM FOR WILLDAN
ENGINEERING; AND CITY CLERK AUTHORIZED TO RECEIVE BIDS (600.30)
Council Member Hribar recused himself from considering this item due to his
property interest and left the Chambers.
4 04-21-2009
Nasser Abbaszadeh, Public Works Director, provided a staff report anti
responded to questions.
_Council Action: Moved by Mayor pro tem Uso, seconded by Council [Member
Freese, and carried 4-0-1, with Council Member Hribar recused, to adopt
Resolution 09-04-21-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
MITIGATED NEGATIVE DECLARATION FOR DEL OBISPO STREET AND
CAMINO CAPISTRANO INTERSECTION IMPROVEMENTS (CIP 111)"; Plans
and Specifications, approved and the City Clerk authorized to receive bids; and
Design Addendum with Wllldan Engineering in the amount of $75,390.00,
approved.
AYES: COUNCIL MEMBER: Allevato, Freese, Uso, and Mayor
Nielsen
NOES: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Hribar
D10. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
APRIL 14, 2009, APPROVED
D11. RESOLUTION NO. 09-04-21-02 ADOPTED AUTHORIZING THE
REDEVELOPMENT AGENCY TO INITIATE REQUISITE STUDIES FOR A
REDEVELOPMENT PLAN AMENDMENT - CITY COUNCIL PRIORITY NO. 13B
(400.60)
Douglas D. Dumhart, Economic Development Manager, provided a staff report
and responded to questions
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Uso, and carried unanimously to adopt Resolution 09-04-21-02 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY TO INITIATE REQUISITE
TECHNICAL STUDIES TO CONSIDER A REDEVELOPMENT PLAN
AMENDMENT".
D12. SANITARY SEWER MANAGEMENT PROGRAM -- ITEM PULLED FROM
AGENDA BY STAFF REQUEST (1040.10)
D13. RESOLUTION NO. 09-04-21-03 ADOPTED APPROVING AN IDENTITY THEFT
PREVENTION PROGRAM PURSUANT TO THE FEDERAL TRADE
COMMISSION "RED FLAG RULES" (390.10)
5 04-21-2009
Steve Montano, Administrative Services Assistant Director, responded to
questions.
Council Comment:
■ Add $3.00 to the water and sewer services establishing fee.
Council Action: Moved by Mayor Nielsen, seconded by Mayor pro tem Uso, and
carried unanimously to adopt Resolution 09-04-21-03 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM";
and staff directed to add to the City's Schedule of Fees and Charges a
additional $3.00 increase to the water and sewer services establishment fee.
PUBLIC HEARING:
E1. DOMESTIC GROUNDWATER PUBLIC HEALTH GOALS, RECEIVED AND
FILED (1050.10)
John O'Donnell, Utilities Director, provided a staff report and responded to
questions, and West Curry, Assistant Utilities Director, provided a power point
presentation.
Mayor Nielsen opened the public hearing and invited testimony. No public
testimony was provided. Mayor Nielsen closed the public hearing.
Council Comment:
■ Public Health Goal for MtBE should be substantially lower than the
13 parts per billion.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously to approve the Domestic Groundwater
Public Health Goals; and include as part of the response to the California
Department of Public Health, that the City feels that the MtBE levels should be
substantially lower than the 13 parts per billion.
E2. RESOLUTION NO. 09-04-21-04 ADOPTED AMENDING THE SCHEDULE OF
FEES AND CHARGES FOR CITY SERVICES (390.10)
Steve Montano, Assistant Administrative Services Director, provided a staff
report and responded to questions.
Written Communications:
■ Kristine Thalman, Building Industry Association (BIA): opposed to any fee
increase until the economy has recovered and increased fees can be
justified.
6 04-21-2009
-hrn. Reardon, sent email regarding" lack of justification for fee increases
based on CPI figures; and concern: with City staff conducting fund-raising
on behalf of the City.
Mayor Nielsen opened the public hearing and invited testimony.
Public Comment:
■ Bryan Starr, Building Industry Association (BIA), spoke in opposition to fee
increases related to. development and presented a power point
presentation.
Mayor .Nielsen closed the public hearing.
Council Comment:
■ Non -development related fees should be increased by 3.41 %,; per the
Consumer Price Index and extraordinary fees should be referred to the
Fee and Charges Subcommittee.
■ Not the right time to increase development fees due to economy.
■ Annual Community Garden fee should be based on water usage and
users should be responsible for the maintenance.
= Hydrant Meter deposit fee and Sign Program deposit fee are too high.
■ Annual Community Garden should be increase 10%.
■ The Kindergarten Readiness program should be increased to $6.00 a day.
■ Community Garden fee should be increased to $99 a year.
■ Only increase fees by Y2 percent.
■ City should control expenditures to avoid development fee increases.
■ Punitive fees for water theft should be as high as possible.
■ Look into increasing fees such as train parking for the value that is
provided.
■ Non -development fees should be reviewed by the subcommittee.
■ Non-profit organizations should take responsibility for their set-up when
participating in City events.
■ Allowing non -profits to have a presence at City events without having the
need of electrical hook-ups; and if needed, the costs will be similar to
business that are for profit.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously to adopt Resolution No, 09-04-21-04
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 08-05-14-01
AND APPROVING THE SCHEDULED OF FEES AND CHARGES FOR CITY
SERVICES"; with no increases to any construction or development fees;
non -development related fees to be increase by 3.41 % per the Consumer Price
Index; extraordinary fees to come back to the City Council with recommendations
from the Fee and Charges Subcommittee; $250.00 booth space fee for the
Fourth of July event; San Juan Summer Nites booth increase to $50.00 per
booth; Water Theft Fine increased to $1,000; and additional $3.00 increase to the
water and sewer services establishment fee.
7 € 4.21-2ot09
RECESS AND RECONVENE
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency and reconvened following the agency's business.
ADMINISTRATIVE ITEMS:
G1, UTILITIES DIRECTOR
a. DROUGHT RESPONSE AND OUTREACH CAMPAIGN AND APPROPRIATION
.OF FUNDS, APPROVED (1050.90)
Francie Kennedy, Water Conservation Coordinator, provided an agenda report
and responded to questions.
Council Comment:
■ Important to have MtBE issues resolved in order to have all the City wells
in use and working properly.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Uso, and carried unanimously to approve funding for the Drought Response and
Outreach Campaign in the amount of $22,423.12, for drought response activities
during the remainder of fiscal year 2008-09; and funds from the Operation Fund
Penalty Reserve appropriated to cover the costs.
G2. PUBLIC WORKS DIRECTOR
a. ORDINANCE INTRODUCED ESTABLISHING A MORATORIUM AGAINST
CUTS ON NEWLY IMPROVED STREETS (820.90)
Ziad Mazboudi, Senior Civil Engineer, provided an agenda report and responded
to questions.
Council Comment:
■ Importance in planning and communication among City Departments for
City projects to avoid future street cuts.
■ Possibility of making the moratorium longer than two years.
Maria Morris, Deputy City Clerk, read the title of the ordinance.
8 04-21-2009
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Uso, and carried unanimously, to approved first reading and introduction of an
ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A MORATORIUM AGAINST
CUTS ON NEWLY IMPROVED STREETS; revising the following: sections:
Section 7-3.29 (a) It shall be unlawful for any person to cut open the surface of a
public street that has been newly constructed, reconstructed, slurry or cape
sealed, overlaid, or improved within the previous 36 months for recently
paved/overlaid streets and 24 months for recentl -slurry sealed streets,
commencing from the date of acceptance of the improvements. Section 7-3.29
(b) No permits shall be issued to excavate or cut in a public street that has been
laved/overlaid, in the past 36 months or slurry sealed in the past 24 months
except...... Section 7-3.31 (c) (1) For trenches perpendicular to traffic lanes, the
permittee shall grind ten feet on either side of the trench line for residential and
arterial streets..... For trenches parallel to the traffic lanes, the permittee shall
grind the entire width of the traffic lanes for the full length of the trench with a
minimum of ten feet on each end or as directed b the Public Works Director.
Section 7-3.31 (c) (2) For trenches perpendicular to traffic lanes, the permittee
shall slurry seal ten feet on either side of the trench line for residential and
arterial street...... For trenches parallel to the traffic lanes, the permittee shall
slurry seal the entire width of the traffic lanes for the full length of the trench, with
a minimum of ten feet on each end or as directed by the Public Works Director.
ORDINANCES: None
COUNCILMANIC ITEMS:
Council Member Freese suggested the possibility to use the Swanner House or other
historic buildings for small events. Dave Adams, City Manager suggested referring to
the Cultural Heritage Commission.
Mayor Pro tem Uso suggested to agendize: 1) bringing a cemetery to town. 2) the
extension of Los Cerritos Street. 3) keeping senior horses in town.
There being no further business, Mayor Nielsen adjourned the meeting at 11:37 p.m. to
Tuesday, May 5, 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 04-21-2009
submitted,
MA R,1", PkRIS, DEI9UTY CITY CLERK
Approved, May 5,
ATTEST:
MARNtLSEN,'IVIAYO�
10
04-21-2009