09-0505_CC_Minutes_Regular MeetingMINUTES
May 5, 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.
Mayor Nielsen dedicated the meeting to the memory of Marguerite Lobo, a beloved
member of the Juaneno Tribe who was a strong, compassionate and talented soul who
embraced family, life and her community.
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.
CITY COUNCIL COMMENTS & ORAL REPORTS:
a Public Forum on parking ban at Camino Capistrano and Alipaz Street.
a City of Dana Point's State of the City Address.
E Meeting with Distrito La Novia representatives.
R Toll Road Corridor Agency Marketing Subcommittee meeting.
■ Meeting with representatives regarding Hotel plan for Downtown.
■ Meeting with Parks, Recreation and Equestrian Commissioner regarding retiring
horses to pasture on City property.
a Meeting with Americare Ambulance Service regarding Orange County Fire
Authority contract.
■ City Council Budget Finance Subcommittee meeting.
M Open Space walls with Mayor.
Meeting with Assemblywoman Diane Harkey's office staff and SJC American
representatives.
■ Meeting with Regency and Franciscan Plaza representatives.
a Meeting regarding easement issues.
a Meeting with facilitator regarding City Manager's performance review process.
■ Meeting with Homeowners Associations regarding enforcing By -Laws and
neighborhood preservation.
05-05-2009
■ Desalinization Committee meeting.
■ Meeting with residents regarding issues with proposed developments in town.
■ Several Ribbon Cutting ceremonies.
■ Marguerite Lobo's funeral services.
■ KOCE-TV's interview regarding the MtBE contamination.
■ South County Sister Cities meeting regarding upcoming NPDES permitting
issues and concerns with new regulations.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the next meeting of the Open Space Committee will be held
Monday, May 11, 2009.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ Chamber of Commerce Morning Networking Breakfast.
■ Multicultural Arts Music Concerts at the Library.
■ "Pete Jacobs Trio" at the Mission.
■ "Bells of Capistrano" movie at La Sala Auditorium.
■ "Old Roads Traveled in Historic San Juan" for National Historic Preservation
Week.
"Spring Fling Dance" at the Community Center.
INTRODUCTIONS AND PRESENTATIONS
1. MARIE SYKES RECOGNIZED AS 2009 TEACHER OF THE YEAR (610.40)
Mayor Nielsen recognized Marie Sykes as 2009 Teacher of the Year and
presented her with a certificate of recognition.
2. SISTER CITY FLOAT — AWARDED FOR SWALLOWS DAY PARADE FIRST
PLACE (510.40)
Mayor Nielsen recognized Vicky Carabini, Ambassador to San ,Juan Capistrano's
Sister City of Capestrano, Italy, for their First Place Float entry in the Swallow's
Day Parade. Rita Propersi, La Presidenta, Fiesta Association presented her with
a plaque.
3. MAY 17 — 23, 2009 PROCLAIMED AS PUBLIC WORKS WEEK (010.40)
Mayor Nielsen proclaimed May 17- 23, 2009, as Public Works Week, and Nasser
Abbaszadeh, Public Works Director, presented a proclamation to the City.
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4. MAY 10 — MAY 16, 2009 PROCLAIMED AS HISTORIC PRESERVATION WEEK
(610.40)
Mayor Nielsen proclaimed May 10 — 16, 2009, as Historic Preservation Week,
and presented a proclamation to Ilse Byrnes, Friends of the Library, Don Tryon,
San Juan Capistrano Historic Society, and to the Mission.
5. MAY 3 — 9, 2009 PROCLAIMED AS ARSON AWARENESS WEEK (610.40)
Mayor Nielsen proclaimed May 3 — 9, 2009, as Arson Awareness Week, and
presented a proclamation to Division Chief Rick Robinson, and Devin Lenard,
Battalion Chief of Orange County Fire Authority.
7. Mayor pro tem Uso introduced the following individuals in attendance:
Dave Solt and Gila Jones, Housing Advisory Committee; Ginny Kerr, Planning
Commission; Ilse Byrnes and Gail Zukow, Parks, Recreation and Equestrian
Commission; Don Tryon, Cultural Heritage Commission; and Rick Robinson,
Division Chief and Devin Leonard, Battalion Chief of Orange County Fire
Authority.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, spoke about the extension of the 241 toll road;
the Ortega Highway Widening project; and global warming issues.
= Ernest Velardi, City resident, encouraged support for art exhibits in town.
= Marsha Norman, City resident, thanked the Council and staff for work done at
Valle Road; and asked for the reinstatement of the parking ban on Camino
Capistrano. Omar Sandoval, City Attorney, stated that the Parking Restriction on
Camino Capistrano and Alipaz Street is tentatively scheduled for Council
consideration for the July 7, 2009 City Council meeting.
= Bob Norman, City resident, spoke regarding the discussions held at the
overcrowding workshop with Homeowners Associations.
= Teri Garza, Regional Library Manager, announced upcoming events.
= Kim McCarthy, City resident, requested that the CHEC lease be brought back to
Council for review.
= Clint Worthington, City resident, distributed to Council a water notice that he
plans to distribute to residents in town regarding the MtBE spill from Chevron;
and concerns with any project delays with the Ortega Interchange project due to
the MtBE spills from Chevron.
■ Tony Brown, City resident, thanked the Council for the overcrowding workshop
with Homeowners Associations; and had questions regarding a community event
held by CREER and the Sheriff's Department.
= Steve Nelson, City resident, spoke regarding illegal immigration issues.
■ Art Guevara, City resident, invited the Council to an art exhibit against domestic
violence; and distributed a letter to Council regarding articles from the L.A. Times
regarding racism and discrimination.
3 05-05-2009
Council Action: Moved by Council Member Allevato, seconded by Council Member
Hribar, and carried unanimously to approve consent calendar items 1 through 8, 10
through 13 and 15 as recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES -- REGULAR MEETING OF APRIL 21, 2009,
APPROVED.
D3. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
APRIL 15, 2009, RECEIVED AND FILED (440.10)
D4. CLAIM OF BOZENA TALASKA DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
D5. CLAIM OF LYNDA MCNALLY DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
D6. CLAIM OF LIL PETERS DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
D7. CLAIM OF VITO BORRUSO DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
D8. COUNTY OF ORANGE WASTE DISPOSAL AGREEMENT, APPROVED, AND
THE CITY MANAGER AUTHORIZED TO SIGN THE AGREEMENT (600.50)
D9. PLANS AND SPECIFICATIONS APPROVED FOR THE CONSTRUCTION OF
SAN JUAN CREEK & TRABUCO CREEK CHANNEL LEVEE PROTECTION
PHASE 2 & 3 (600.30)
Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to
questions. Phil Jones, Orange County Flood Control District, responded to
questions.
4 05-05-2009
Public Comment:
■ Richard Gardner, Capo Beach resident, spoke in support of the project
and gave his comments regarding mitigation methods.
■ Clint Worthington, City resident, spoke regarding re -stripping certain
streets to accommodate bicycle riders.
• David Salt, City resident, requested the bike trails to remain open during
the project.
■ Wally Johnson, City resident, expressed concerns with the vibration and
noise levels caused by the project.
Council Comment:
■ Project needs to move quickly for the health and safety of residents.
■ Importance to keep the bike trail open.
■ Bring to Council a bike trail plan.
■ Future phases of the project need to address potential environmental
issues.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve the Plans and Specifications for the
construction of San Juan Creek Channel Levee Protection Phase 2 and 3; and
staff to bring to Council the proposed Bike Trail Detour Plan.
D10. RESOLUTION NO. 09-05-05-01 ADOPTED AUTHORIZING THE CITY
MANAGER TO ACCEPT INTEREST PROPERTY AND TO EXECUTE AND
RECORD A CERTIFICATE OF ACCEPTANCE AND SUCH OTHER LEGAL
NOTICES (670.50)
D11. AGREEMENT APPROVED WITH COUNTY OF ORANGE TO RECEIVE CITY
AID PROGRAM FOR FISCAL YEAR 2009/2010 (600.50)
D12. RESOLUTION NO. 09-05-05-02 ADOPTED ACCEPTING EASEMENTS FOR
PUBLIC STREET, UTILITY AND STORM DRAIN PURPOSES WITHIN THE
JSERRA HIGH SCHOOL SOUTH CAMPUS; AND THE CITY CLERK
DIRECTED TO FORWARD THE EASEMENT DEEDS TO THE ORANGE
COUNTY RECORDER'S OFFICE (670.50)
D13. PERSONAL SERVICES AGREEMENT APPROVED WITH NINYO & MOORE IN
THE AMOUNT OF $39,180.00 FOR THE IMPLEMENTATION OF THE
WORKPLAN FOR GROUNDWATER MONITORING WELL INSTALLATION, TO
INCLUDE MONITORING WELL INSTALLATION, PERFORMANCE OF
MONITORING, TESTING AND REPORTING; AND THE APPROPRIATION OF
$20,000 FROM THE WATER RESERVE FUND, APPROVED (600.30)
5 05-05-2009
D14. SANITARY SEWER MANAGEMENT PROGRAM, APPROVED (1040.10)
West Curry, Assistant Utilities Director, provided a staff report and responded to
questions.
Council Comment:
■ City Council and City Manager should be notified of Category 1 spills.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to approve the Sanitary Sewer Management
Program; and add to the program under "Reporting" that Category 1 spills are to
be reported to the City Council and City Manager.
D15. ACCOUNTS PAYABLE WARRANTS DATED APRIL 23, 2009 IN THE TOTAL
AMOUNT OF $1,70.9,362.30, AND PAYROLL WARRANTS DATED APRIL 17,
2009, IN THE TOTAL AMOUNT OF $294,668.16, RECEIVED AND FILED
(300.30)
D16. LICENSE AGREEMENT EXTENSION WITH RAINER W. METZ APPROVED TO
CONTINUE ACCESS, MAINTENANCE AND OPERATION OF A TEMPORARY
PUMPING STATION.
John O'Donnell, Utilities Director, responded to questions.
Council Action: Moved by Council Member Freese, seconded by Mayor Nielsen,
and carried unanimously, to approve the License Agreement Extension with
Rainer W. Metz to continue access, maintenance and operation of a temporary
pumping station.
D17. AGREEMENTS APPROVED WITH TOWNSEND PUBLIC AFFAIRS, INC. TO
PROVIDE STATE GOVERNMENT ADVOCACY SERVICES AND PATTON
BOGGS, LLP, TO PROVIDE FEDERAL GOVERNMENT ADVOCACY
SERVICES (600.30)
Cindy Russell, Assistant City Manager, provided a staff report and responded to
questions.
Public Comment:
• Gila Jones, City resident, felt the consultant is able to provide helpful
information regarding State Housing issues to the Housing Advisory
Committee.
■ Richard Gardner, Capo Beach resident, spoke in opposition to approve
the agreements.
Council Comment:
■ Patton Boggs to be more assessable and share progress with the Council.
6 05-05-2009
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve Personal Services Agreements
with Townsend Public Affairs, Inc. to provide state government advocacy
services for the period of April 1, 2009 through June 30, 2011 in the amount not
to exceed $145,500; and with Patton Boggs, LLP, to provide federal government
advocacy services for the period of April 1, 2009 through June 30, 2011 in the
amount not to exceed $216,000; and City Manager authorized to execute the
agreements.
PUBLIC HEARING:
E1. RESOLUTION NO. 09-05-05-03 ADOPTED CERTIFYING THE NEGATIVE
DECLARATION/INITIAL STUDY; AND FIRST READING AND INTRODUCTION
OF AN ORDINANCE APPROVING THE CODE AMENDMENT 08-04
(EQUESTRIAN COMMERCIAL AND NON-COMMERCIAL STANDARDS)
(420.30)
David Contreras, Senior Planner, provided a staff report and responded to
questions.
Mayor Nielsen opened the public hearing and invited testimony.
Public Comment:
■ Patty ° Harris, Stable Facility Owner, answered questions regarding
watering and the use of sprinklers to keep the dust level down.
Mayor Nielsen closed the public hearing.
Council Comment:
■ City should have the ability to comment on type of fencing for new
projects.
Maria Morris, Deputy City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Uso, and carried unanimously to approve RESOLUTION 09-05-05-03,
ENTITLED " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE NEGATIVE
DECLARATION/INITIAL STUDY FOR CODE AMENDMENT (CA) 08-04 (TITLE
9 — LAND USE) PERTAINING TO EQUESTRIAN COMMERCIAL AND NON-
COMMERCIAL STANDARDS"; and approved first reading and introduction of an
ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING CODE AMENDMENT (CA) 08-04
(TITLE 9 — LAND USES) PERTAINING TO EQUESTRIAN COMMERCIAL AND
NON-COMMERCIAL STANDARDS"
05-05-2009
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. COMMUNITY DEVELOPMENT DIRECTOR
a. RESOLUTION 09-05-05-04 ADOPTED APPROVING THE REMOVAL OF
NINETEEN (19) FICUS TREES, AND THE REPLANTING PLAN REFERRED TO
THE DESIGN REVIEW COMMITTEE FOR REVIEW AND APPROVAL
(SAN JUAN MOBILE ESTATES) (410.90)
Written Communications:
■ Nancy Severson, City resident, sent e-mail, encouraged seeking other
solutions besides cutting the trees down.
■ - Ted Roberts, Property Manager, San Juan Mobile Estates, wrote a letter
requesting permission to remove the nineteen (19) Ficus trees, and
replacing them with Magnolia "Little Gem" trees.
■ Ed Black, Black's Tree Care, wrote a letter stating that the trees should be
removed and replaced with appropriate species such as Magnolia "Little
Gem" trees.
Chad Casenhiser, Regional Property Manager, San Juan Mobile Estates,
wrote a letter requesting the removal of the nineteen (19) Ficus trees due
to a health and safety issue.
Nick Taylor, Permit Technician, provided an agenda report and responded to
questions.
Public Comment:
* Ted Roberts, Applicant, requested for approval of tree removal permit; and
responded to questions.
■ George Turk, Millennium Housing representative, requested approval of
the tree removal permit; and to consider the cost incurred to replace the
damaged wall.
• Nancy Severson, City resident, requested for the trees not to be removed.
■ Chad Casenhiser, Representing San Juan Mobile Estates, stated that the
Board of Director is in favor for removal of the trees; and requested the
approval of the permit.
• Steve Porto, City resident, spoke in favor for removal of trees; and made
suggestions for the replacement of the trees.
■ Barbie Gwynn, Director for the Board of Residents, spoke in support of the
tree removal.
• Ginny Kerr, Planning Commissioner, felt the trees are a threat to public
safety and should be removed.
• Dave Adams, City Manager, commented on the City's liability per the
City's insurance carrier, Joint Powers Insurance Authority.
05-05-2009
Council Comment:
Magnolia "Little Gem" is not a draught tolerant tree and can also raise the
sidewalk in the future.
■ Magnolia "Little Gem" does not grow well in the coastal zone area and to
consider other trees (i.e., Coast Live Oak, Olive Swann Hill, Brisbane
Box-Tristania Conferta, African Sumac, and the Arbutus trees).
• Supports removal of trees for safety reasons.
Support replacing trees with native, draught tolerant species.
Concerns with replacing current trees with smaller, slow growing trees that
do not fit the area.
Consider adding additional trees to the proposed replanting plan.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously to adopt RESOLUTION NO. 09-05-05-
04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA APPROVING A TREE REMOVAL PERMIT
FOR NINETEEN FICUS TREES, AT 32302 ALIPAZ STREET, ADJACENT TO
ALIPAZ STREET (APN 121-171-29 AND 121-171-30) (SAN JUAN MOBILE
ESTATES)"; and removal of trees is subject to approval of the replanting pian by
the Design Review Committee.
G2. UTILITIES DIRECTOR
a METHYL TERTIARY BUTYL ETHER (MtBE) PEER REVIEW OF CHEVRON
GROUND WATER MODEL BY GEOSCIENCE SUPPORT SERVICES, INC.
RECEIVED AND FILED (530.50)
John O'Donnell, Utilities Director, provided an agenda report and responded to
questions.
Public Comment:
Joe Tait, City's Environmental Consultant, commented on the lack of
willingness from Chevron to solve the MtBE contamination or to comply
with the Health Agency's requirements; and concerned with the basins
being flushed with any potential rain.
■ Richard Gardner, Capo Beach resident, felt the City has been diligent in
its efforts to fix the problem and made suggestions for removal of the
MtBE.
ORDINANCES:
H1. ORDINANCE NO, 957: MORATORIUM AGAINST CUTS ON NEWLY
IMPROVED STREETS (820.90)
Maria Morris, Deputy City Clerk, provided an agenda report and read the title of
the ordinance.
9 05-05-2009
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Allevato, and carried unanimously, to adopt Ordinance No. 957 entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A MORATORIUM AGAINST CUTS ON NEWLY IMPROVED
STREETS"
COUNCILMANIC ITEMS: None
ADJOURNMENT:
There being no further business, Mayor Nielsen adjourned the meeting at 10:50 p.m. to
Wednesday, May 6, 2009 at 4:00 p.m. for a Closed Session meeting, in the City Council
Chambers; and then to Monday, May 18, 2009 at 2:00 p.m. for a Budget Workshop, in
the City Council Chambers.
Res
Approved: May 19, 2
ATTEST: _
MAR , NIELS N, MA OR
10 05-05-2009