09-0602_CC_Minutes_Regular MeetingMINUTES
June 2, 2009
SAN JUAN CAPISTRA O CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Nielsen called the Regular Meeting of the City Council to order at
4:34 p.m. in the City Council Chamber.
ROLL CALL
...._... .............
COUNCIL MEMBERS PRESENT. Sam Allevato, Tom Hribar, Laura Freese,
Mayer 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 54957.6, the City Council
conferred with its labor negotiator (City Manager) as to salary
schedules and terms of employment. The affected bargaining units
are San Juan Capistrano Classifier) Employees Association and
San Juan Management and Professional Employee's Association.
b. Pursuant to Government Code section 54956.8, the City Council conferred
with real property negotiators (City Manager) regarding the price and terms
of payment for acquisition for real property described as APN 125-172-07
and APN 125-172-17, generally located west of La Pata and south of
Ortega Highway. The property owner is Rancho Mission Viejo.
C. Pursuant to Government Code Section 54956.9(a), the Council
conferred with its legal counsel regarding the matter of Ito vs.
City of San Juan Capistrano, OCSC Case Number 06CC12929.
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of
San Juan Capistrano to at 6:49 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Council Member Uso gave the invocation.
06-02-2009
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
COUNCIL MEMBERSfDIRECTORS 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 the following actions took place in Closed Session.
b. Reading of findings:
The Finance Committee of the Open Space Committee approached Rancho
Mission Viejo to discuss the possible acquisition of ranch property for open
space purposes. The discussions have resulted in the following: Rancho
Mission Viejo and the City San ,Juan Capistrano have outlined terms and
conditions for the potential acquisition of approximately 132 acres of
Rancho Mission Viejo property east of the City. The property commonly
referred to as Old Ranch Headquarters and Lemon Grove area next to
Ortega Highway and the Rodeo or Polo grounds south of Ortega highway
from the City limits to La Pata Road. The property would be restricted to
equestrian, sports field, agricultural, habitat preservation and the
continuation of the annual Rancho Mission Viejo Rodeo and the potential for
an equestrian stable and their will be no residential, commercial or industrial
uses allowed on the property except for one equestrian facility. The City is
currently in a 60 day due diligence period in order to appraise the property,
review the title report and other conditions affecting the property, Upon
completion of the due diligence period in preparation of a purchase and sale
agreement covering all terms and conditions between the City and Rancho
Mission Viejo, the City would acquire the property within 180 days with bond
funds made available by Measure Y and/or other finance mechanisms
available to the City. Upon taking title to the property the City would initiate
the annexation of property into the City.
c. Ito vs. San Juan Capistrano, the City Council approved a settlement agreement
to close the case.
CITY COUNCIL COMMENTS & ORAL REPORTS:
Transportation Corridor Agency Budget Workshops
■ Meeting with Todd Cunningham of Woodbridge Homes
■ South Orange County Association of Mayors at Irvine City Hall
■ Memorial Day Ceremonies at the Old Mission Cemetery
• Marines 1111 Battalion Adoption Committee meeting
06-02-2009
M OC Prayer Breakfast at Irvine Hyatt Hotel
N Attendance at Shea Riding Center Horse Show event.
,Meeting with Eric Altman regarding Economic Development Committee
Recommendations
■ San Juan Hills and Transportation Corridor Agency Finance Committee Meeting
and Board of Directors Meeting
0 Desalination Plant Committee meeting
R Attendance at the Water Efficiency and Conservation meeting
Dancing at the Senior Center annual Spring Fling
Time being spent at the Ecology Center and Rancho Mission Viejo.
■ Planting of 27 donated oak trees at park located at San Juan Creek Road and
Lacouague.
Attendance at Orange County Fire Authority board meeting.
Attendance at San Juan Hills High School Career Day event
■ Mayors meeting of Dana Point, San Clemente including Supervisor Patricia Bates.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen announced an upcoming presentation to be given at the City Council
meeting of June 16, 2009 related to a proposal for. habitat restoration plans in areas for
Measure M matching funds and the proposal for affordable housing units at corner of
Camino Capistrano and Junipero Serra.
The next meeting of the Open Space Committee will be held Monday, July 6, 2009 at
6:30 p.m.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
Blenheim June Horse Classic at the Rancho Mission Viejo Riding Park
w A Car Wash to benefit the 1/11 Marine Battalion
■ Multi -Cultural Art Series presents Greg Johnson in the La Sala Court Yard
• Mariachi Festival and Second Saturday Art Show
First Show of the San Juan Summer Nights Series featuring the Swing Cats
Council Member Freese commented on the conservative water usage for the Marine Car
Wash.
INTRODUCTIONS AND PRESENTATIONS
1. JORDANIAN KINGDOM DELEGATION RECOGNIZED AS ENVIRONMENTAL
AMBASSADORS AND PRESENTED WITH THE KEY TO THE CITY (610.40)
Ziad Mazboudi, Senior Civil Engineer introduced the Jordanian Kingdom
Delegation as Environmental Ambassadors and Mayor Nielsen presented them
with the Key to the City and certificate of recognition.
3 06-02-2009
Dr. Mohammad Khashasneh, Director of Hazardous Material and Waste, from the
Jordanian Ministry of Environment, provided the Mayor with a small plaque,
representing Petra in Jordan.
2, STEPHEN MENOSKY RECOGNIZED AS THE BOYS & GIRLS CLUBS OF
CAPISTRANO VALLEY'S YOUTH OF THE YEAR (610.40)
Mayor Nielsen recognized Stephen Menosky as the Boys & Girls Clubs of
Capistrano Valley's Youth of the Year. Mayor Nielsen presented him with a
certificate of recognition.
1 MAYOR PRO TEM USO INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE. lisp Byrnes and Gail Zukow, Parks, Recreation & Equestrian
Commission; Jess Lopez and Gila .tones, Housing Advisory Committee; Jean
Savage and Matt Gaffney, Transportation Commission, Ginny Kerr, Planning
Commission; Les Blair, San Juan Senior Liaison; Dan Runnestrand, Battalion
Chief.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, read a letter regarding the Ortega Highway
Widening project, concerns with the 241 toll road extension and fitch ratings
related to budget cuts at the State.
• Joe Kerr, President Orange County Professional Firefighters, read a letter
expressing disapproval of Mayor pro tem Uso's vote at the OCFA Board meeting
related to maintaining reserve firefighters within the OCFA budget. Mayor pro tem
Uso, made comment to Joe Kerr's concerns with an explanation for his vote at the
OCFA meeting.
■ Roy L. Byrnes, City resident, read a letter regarding concerns of the high density
senior housing development proposed for the Schuller property at northern edge of
the City.
Jack Campbell, City resident, expressed appreciation for the clean up of Valle
Road but had concerns of a dirt pile that recently appeared on San Juan Creek
Read. Nasser Abbaszadeh, Public Works Director, reported the dirt pile was
caused by illegal dumping and would be removed prior to the end of the week.
■ Art Guevara, City resident, provided a handout and DVD to the Council related his
art exhibit that brings awareness for the concerns of domestic violence.
• Clint Worthington, City resident, thanked Mayor pro tem Uso for his vote at the
OCFA board meeting and suggested OCFA employees should have a furlough to
help ease budget restraints.
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, 6 and 10 as
recommended by staff.
06-02-2000
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
MAY 18, 2009, APPROVED AS SUBMITTED.
D3. CITY COUNCIL MINUTES — REGULAR MEETING OF
MAY 19, 2009, APPROVED AS REVISED.
D4. CLAIM OF RICK SCHULTZ DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
D5. CLAIM OF JOYCE HAHN BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
D6. NEVA DEVELOPMENT APPLICATIONS STATUS REPORT -- MONTH ENDING
MAY 15, 2009, RECEIVED AND FILED (440.30)
D7. PERSONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC.
FOR TREE TRIMMING SERVICES, APPROVED (600.30)
Nasser Abbaszadeh, Public Works Director provided an agenda report and
responded to questions.
Council Comment:
■ Expressed appreciation to the Consultant for being able to reduce total
compensation for services and providing the City ownership to the
ArborAccess Software.
■ Compliance with E -verify and still able to bring competitive pricing for their
services.
Council Action. Moved by Mayor Nielsen, seconded by Council Member Freese,
and carried unanimously to approve a three year Personal Services Agreement
with West Coast Arborists, Inc. for tree trimming services; and staff to bring back to
Council in three years for additional renewals.
D8. ACCOUNTS PAYABLE WARRANTS DATED MAY 21, 2009 IN THE TOTAL
AMOUNT OF $8,374,465.60, AND PAYROLL WARRANTS DATED
MAY 15, 2009, IN THE TOTAL AMOUNT OF $297,702.62, RECEIVED AND
FILED (300.30)
D9. PERSONAL SERVICES AGREEMENT WITH TETRA TECH, INC., FOR THE
RECYCLED WATER TRANSMISSION MAINLINE PROJECT IN THE AMOUNT
OF $502,120; AND THE CITY MANAGER AUTHORIZED TO EXECUTE THE
AGREEMENT AND APPROVE INCREASES TO THE SCOPE OF WORK UP TO
TEN PERCENT OF THE AGREEMENT COST, APPROVED,
5 06-02-2009
Vilest Curry, Assistant Utilities Director, Charles McBride, Senior Engineer and Neil
Barnsdale, Tetra Toch representative responded to questions.
Council Comment:
The amount of piping may be excessive.
Request for possible reduction of compensation by 10%.
Omar Sandoval, City Attorney, explained that the Government Code prohibits the
City from choosing a professional services firm, specifically for engineering
services, based on price. Firms were reviewed pursuant to the qualifications and
the ability to provide the services.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to approve a Personal Services Agreement with
Tetra Tech, Inc for the Recycled Water Transmission Mainline Project in the
amount of $502,920; and the City Manager authorized to execute the agreement
and approve increases to the scope of work up to ten percent of the agreement
cost.
D10. RESOLUTION NO, 09-06-02-11 ADOPTED DECLARING DESIGNATED FLEET
INVENTORY AS SURPLUS PROPERTY.
PUBLIC HEARING:
E1. RESOLUTION NO. 09-06-02-02 ADOPTED APPROVING MODIFICATIONS TO
THE CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 16634,
WHISPERING HILLS ESTATES -RANCHO) SAN JUAN; AND FIRST READING
AND INTRODUCTION OF AN ORDINANCE APPROVING THE AMENDED
DEVELOPMENT AGREEMENT FOR WHISPERING HILLS ESTATES BY AND
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND RANCHO SAN JUAN
DEVELOPMENT, LLC. (440.25)
Steve Apple, Community Development Director and William Ramsey, Principal
Planner, provided an agenda report and responded to questions.
Mayor Nielsen opened the public hearing and invited testimony.
Public Comment:
• Todd Cunningham, President of Woodbridge Homes, provided a
presentation and responded to questions.
Mayor Nielsen closed the public hearing.
Council Comment:
E Preference in taking the proposed private park out of the subdivision
requirements for the project.
06-02-2009
■ Park Improvements should be built before any residential development in
order to provide recreational facilities by the time residents move in.
■ Preference in having a publically accessible community park rather than a
private park and suggestion suggested it be located on a portion of the
undeveloped property on the north side of Vista Montana.
■ interest in the potential acquisition of the undeveloped 4 acre parcel on the
north side of Vista Montana for "workforce" housing and collecting any
Housing In -Lieu Fees if the value of the property were less than the required
fees.
■ The private neighborhood park needs to be built before or at issuance of the
20th Certificate of Occupancy.
Christy Jakl, Administrative Specialist, read the title of the ordinance.
Council Action: Moved by Mayor Nielsen, seconded by Council Member Hribar,
and carried 4-1 with Mayor pro tem Uso opposed to approve RESOLUTION
No. 09-06-02-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING MODIFICATION NO, 1 TO VESTING TENTATIVE TRACT MAP
16634, A RECORDED SUBDIVISION MAP FOR THE DEVELOPMENT OF 155
SINGLE-FAMILY DETACHED (SFD) HOMES WITHIN A 404 -ACRE PLANNED
COMMUNITY (WHISPERING HILLS ESTATES) (RANCHO SAN JUAN
DEVELOPMENT, LLC); and approved first reading and introduction of an
ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN AMENDED DEVELOPMENT
AGREEMENT FOR THE WHISPERING HILLS ESTATES PROJECT (RANCHO
SAN JUAN DEVELOPMENT, LLC); with section 4.1 to the agreement amended to
include "the City Council will consider granting, at its sole discretion, an extension
of intoan additional five (5) years..."; the Public Benefit Payment to the City shall
be 10% of the total bond amount issued for the Capistrano Unified School District
(CUSD) (Community Facilities District (CFD), and shall be payable to the City at
the time the Community Facilities District Bond is funded; the Park In -Lieu Fees for
the "Private Neighborhood Park" requirements shall be revised to provide that the
"Private Neighborhood Park" shall be built at the designated location, with the
conditions that Via Granada Road be constructed to provide homeowner access to
the park, upon issuance of Certification of Occupancy on the 20t Dome; and the
Housing In -Lieu fees are to be determined by the City's current ordinance and may
be satisfied through the payment of monies and/dedication of land to
accommodate workforce housing.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor
Nielsen
NOES: COUNCIL MEMBER: Mayor pro tem Uso
ABSENT: COUNCIL MEMBER: None
06-02-2009
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. CITY MANAGER
a. LICENSE AGREEMENT WITH CAPISTRANO ANIMAL RESCUE EFFORT
TERMINATED (600.30)
Mayor pro tem Uso recused himself and left the Council Chamber.
Michael Cantor, Senior Management Analyst, provided an agenda report and
responded to questions.
Written Communications:
■ Matt Gaffney, CARE President, letter submitted, explaining the undertaking
and expense of time-consuming work to create a buildable site for their
facility.
Public Comment:
■ Matt Gaffney, CARE President, stated that CARE is willing to terminate
the agreement as soon as they are reimbursed hard costs
(between $20,000 & $30,000) for improvements made to the property.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Freese, and carried 4-0-1 with Mayor pro tern Uso recused to immediately
terminate the License Agreement with Capistrano Animal Rescue Effort upon
receipt of acceptable invoices and checks for hard cost improvements made to the
property; appropriation of funds from the general fund in an amount not to exceed
$30,000; and City Manager authorized to execute the cancellation of the License
Agreement.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor
Nielsen
NOES: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor pro tem Uso
b. RESOLUTION NO, 09-03-03-06 AND 09-03-03-07 RESCINDED AND STAFF
DIRECTED TO PERFORM ADDITIONAL ENVIRONMENTAL REVIEW ON THE
PROPOSED PARKING RESTRICTIONS AT CAMINO CAPISTRANO AND
ALIPAZ STREET (570.20)
8 06-02-2009
Omar Sandoval, City Attorney, provided an agenda report and responded to
questions.
Written Communications:
■ Joyce Stoneking, City resident, sent email, in favor of retaining the parking
restrictions.
■ Jan Hitchcock, City resident, sent email, in favor of the proposed parking
restrictions on Camino Capistrano.
■ A.G. Van Rensselaer, City resident, sent postcard, in favor of the adoption
and enforcement of the overnight parking restrictions on Camino
Capistrano.
Public Comment:
■ Larry Wohlfarth, City resident, felt residents should have an opportunity to
adjust and make arrangements thru the Environmental Review process.
■ Kathleen Petersen, City resident, felt residents should work together for a
solution to the parking situation.
■ Kim McCarthy, City resident, felt residents were adapting to the restrictions
until the lawsuit came forward.
■ Ed Connor, City resident, spoke in favor of the Council's approach to
include the residents affected by the parking restriction and working
together to find solutions.
■ Matt Gaffney, Transportation Commissioner, felt residents had proper
notification and no opposition was brought up at the Transportation
Commission meeting.
■ Kim Lefner, City resident, spoke in support of the parking restriction due to
safety and for esthetic reasons.
It Clinton Worthington, City resident, felt restrictions should be expanded to
Del Obispo Street and Paseo Carolina.
Council Comment:
Importance for Homeowner Associations to commit to garage inspections
and reporting overcrowding.
■ Parking restrictions on Alipaz Street is an immediate safety hazardous.
■ Alipaz Street should be removed from the Environmental Review process.
■ Garages should be inspected. after the issuance of two parking permits.
■ City needs to work together ith Homeowners Associations, and residents
to find parking solutions.
■ Residents should start adjusting to the restrictions during the Environmental
Review process.
Community issue that involve the safety and well being of all residents.
■ Encouraged public comments to find solutions.
Omar Sandoval, City Attorney, recommended that the Environmental Review for
Alipaz Street be separate from the Camino Capistrano Environmental Review as
the impacts might be different and can return to Council at an earlier time.
06-02-2009
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to approve rescinding Resolutions 09-03-03-06 and
09-03-03-07; and staff directed to perform additional environmental review of the
proposed parking restrictions at Camino Capistrano and Alipaz Street.
ROLL CALF..:
AYES: COUNCIL MEMBER: Allevato, Hribar, Freese, Uso and Mayor
Nielsen
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ORDINANCES: None
COUNCIL MANIC ITEMS:
Council Member Hribar mentioned concerns with the height of the proposed hotel.
ADJOURNMENT:
There being no further business, Mayor Nielsen adjourned the meeting at 10:55 p.m. to
Monday, June 15, 2009 at 2:00 p.m. for a Joint City Council/Community Redevelopment
Lang Terra Vision/Strategic Plan Workshop, and then to the Regular meeting of June 16,
2009 at 5:30 pr EmE. for Closed Session, and 6:30 p.m. for the public Business Session, in
the City Cou�0'jIlChambers.
bmitted,
IA MORRIS, DERMY CITY CLERK
Approved: ,lune 16,
ATTEST:
r
MARmARk NIELSEN, M YOR
10 06-02-2009