09-0707_CC_Minutes_Regular MeetingMINUTES
July 7, 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:
Jim Reardon, City resident, requested the Council to dispense from meetings that are
held in secrecy.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code section 54956.8, the City Council meet with
its Real Property Negotiator (City Manager, Assistant City Manager,.and the
Open Space Finance Sub -Committee) concerning the terms for the
purchase, sale, exchange or lease of certain real property, Assessor's
Parcels Nos. 637-083-15, 637-082-16, 637-082-17, 637-082-71, 637-082-
64, 637-082-65, 637-082-66, 637-082-67 and 637-082-68 located generally
at the northwest boundaries of the City. The property owner is Crystal
Cathedral Ministries.
b. Pursuant to Government Code Section 54956.9(c) the City Council
conferred with legal counsel pertaining to the commencement of litigation
involving one potential item.
C. Pursuant to Government Code section 54956.8, the City Council conferred
with real property negotiators (City Manager and Open Space Finance
Sub -Committee) 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 (RMV).
1 07-07-2009
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of
San Juan Capistrano to at 6:47 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and 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.
CITY COUNCIL COMMENTS & ORAL REPORTS:
■ "Cigar Night Classic" fundraiser for the families of the (4) Oakland Officers killed in
the line of duty.
■ Summer Night's Concert
■ Meeting with Peter Scheldon from Orange County Register
■ Wall of Recognition Ceremony.
■ Koll meetings.
■ Retirement luncheon for Orange County Fire Authority Fire Chief Chip Prather.
■ City Council Closed Session meeting.
■ Phone Conference regarding Long Term Vision and Business Plan.
■ Farewell for former City Manager Dave Adams.
■ J Serra High School and Dana Hills High School graduations.
■ Interviews for Youth Advisory Board Advisors.
■ 41h of July Celebration.
■ San Juan Basin Authority budget meeting.
■ South Coast Water District board meeting regarding a proposed "White Paper" to
replace the Municipal Water District of Orange County with a South County Water
Authority.
■ San Diego Water Control Board meeting regarding proposed National Pollutant
Discharge Elimination System (NPDES) permit process requirements.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the Open Space Committee received an update on the status
of the Northwest Open Space Phase I Park area and on Measure M grant opportunities
and habitat restoration preliminary estimates.
07-07-2009
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ Summer Speaker Series of "Basic Needs" by the Ecology Center.
■ "Performing Art Summer Camp" by the Camino Real Playhouse.
■ 2nd Saturday Art Fair.
4th Year Anniversary of Orange County Great Park.
Low cost vaccination clinic for dogs and cats hosted by the City.
INTRODUCTIONS AND PRESENTATIONS
1. JULY 2009 PROCLAIMED AS RECREATION AND PARKS APPRECIATION
MONTH (610.40)
Mayor Nielsen proclaimed July 2009 as Recreation and Parks Appreciation Month
and presented the proclamation to Karen Crocker, Community Services Director.
2. MAYOR PRO TEM USO INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Dave Solt, William Bonney, Joanne Marquez and Gila Jones,
Housing Advisory Committee, Rick Robinson, Division Chief, Orange County Fire
Authority, and former.Mayor Diane Bathgate.
ORAL COMMUNICATIONS
■ Joan Irvine Smith, City resident, spoke regarding the Ortega Highway Widening
Project and Toll Road extension.
Adam Maywhort, Homefront. America, thanked the Council for their support and
extended an invitation to the "Great Western Grub Fest".
K Joanne Marquez, Housing Advisory Committee, thanked the Council for the
4th of July celebration and the new Los Rios Park.
■ Kim McCarthy, City resident requested an update regarding the
Camino Capistrano Parking restrictions and CHEC agreement. Omar Sandoval,
City Attorney, stated that the Alipaz Parking restrictions is scheduled for the
July 21, 2009 meeting and the Camino Capistrano restrictions has not been
scheduled at this time. Karen Crocker, Community Services Director, gave an
update regarding CHEC services.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and
carried unanimously to approve consent calendar items 1 through 7, 11, 13 through 17
and 19 as recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
07-07-2009
D2. CITY COUNCIL MINUTES -- SPECIAL MEETING OF JUNE 16, 2009
(CLOSED SESSION), APPROVED AS SUBMITTED.
D3. MINUTES OF THE SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY
BOARD OF DIRECTORS, REGULAR MEETING OF JUNE 16, 2009, APPROVED
AS SUBMITTED.
D4. MINUTES OF THE SEWER MAINTENANCE DISTRICT NO. 1 BOARD OF
DIRECTORS, REGULAR MEETING OF JUNE 16, 2009, APPROVED AS
SUBMITTED.
D5. CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE 16, 2009,
(BUDGET HEARINGS), APPROVED AS SUBMITTED.
D6. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 16, 2009,
APPROVED AS SUBMITTED,
D7. CASH BALANCES BY FUND — NOVEMBER 30, 2008, RECEIVED AND FILED
(330.50)
D8. FOURTH AMENDMENT FOR LAW ENFORCEMENT SERVICES FOR FISCAL
YEAR 2009-10 WITH ORANGE COUNTY SHERRIFF'S DEPARTMENT,
APPROVED (600.50)
Michael Cantor, Senior Management Analyst and Lt. Dan Dwyer, Chief of Police
Services, responded to questions.
Council Comment:
■ Sending a message to the Orange County Sherriff's Department and Board
of Supervisors that the City opposes any potential increases in pay for
services or benefits due to the hard economic times.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to approve the Fourth Amendment to the Law
Enforcement Agreement with the Orange County Sherriff's Department for Fiscal
Year 2009-2010; and staff directed to prepare a letter to the Orange County
Sherriff's Department and the Board of Supervisors stating that the City opposes
any potential increases in pay for services or benefits due to the hard economic
times.
D9. TWO YEAR PERSONAL SERVICES AGREEMENT WITH TRAUMA
INTERVENTION PROGRAMS, INC FOR CRISIS INTERVENTION SERVICES,
APPROVED
Council Comment:
■ Appreciation for reduction in contract cost.
4 07-07-2009
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Hribar, and carried unanimously to approve a two year Personal Services
Agreement with Trauma Intervention Programs, Inc. in the amount of $8,000, for
crisis intervention services.
D10. TWO YEAR PERSONAL SERVICES AGREEMENT WITH SECURTEC DISTRICT
PATROL, INC. FOR PARKING ENFORCEMENT IN THE OVERNIGHT PARKING
PERMIT ZONE, APPROVED (600.30)
Michael Cantor, Senior Management Analyst and Lt. Dan Dwyer, Chief of Police
Services, responded to questions. .
Council Comment:
01 Due to the reduction in days for street sweeping, posted street signs should
be changed to reflect correct days.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Uso, and carried unanimously to approve a two year Personal Services Agreement
with Securtec District Patrol, Inc. for Parking Enforcement in the overnight parking
permit zone in the amount of $99,072.
D11. TWO YEAR PERSONAL SERVICES AGREEMENT WITH PEPPERDINE
UNIVERSITY FOR GANG PREVENTION SERVICES IN THE AMOUNT OF
$108,762, APPROVED (600.30)
D12. TELE -WORKS INCORPORATED AGREEMENT FOR THE PURCHASE,
INSTALLATION, AND IMPLEMENTATION OF AN INTERACTIVE TELEPHONE
VOICE RESPONSE, SELF SERVICE INFORMATION, AND BILL PAYMENT
SYSTEM, PULLED FROM THE AGENDA BY THE MAYOR (600.30)
Council Action: Moved by Mayor Nielsen, seconded by Council Member Freese,
and carried unanimously to pull the item from the agenda, and bring back to
Council at a future meeting.
D13. NEW DEVELOPMENT APPLICATIONS STATUS REPORT -- MONTH ENDING
JUNE 15, 2009, RECEIVED AND FILED (440.10)
D14. ACCOUNTS PAYABLE WARRANTS DATED JUNE 4, 2009, AND JUNE 18, 2009
IN THE TOTAL AMOUNT OF $1,876,521.54; AND PAYROLL WARRANTS
DATED MAY 29, 2009 AND JUNE 12, 2009 IN THE TOTAL AMOUNT OF
$194,816,56 (300.30)
D15. REVISED RESOLUTION NO 08-12-02-01 CORRECTING THE 2008 ELECTION
CERTIFICATION RESOLUTION (600.30)
5 07-07-2009
D16. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JUNE 22, 2009, APPROVED AS SUBMITTED,
D17. REPORT OF INVESTMENT— MONTH ENDING MAY 31, 2009, RECEIVED AND
FILED (350.30)
D18. RESOLUTION NO. 09-07-07-01 ADOPTED, AUTHORIZING ELIGIBLE COSTS
RELATED TO OPEN SPACE MEASURE Y ACTIVITIES INCURRED PRIOR TO
THE ISSUANCE OF THE BONDS TO BE REIMBURSED FROM FUTURE BOND
PROCEEDS; AGREEMENTS WITH STRADLING, YOCCA, CARLSON AND
RAUTH FOR BOND COUNCIL AND FIELDMAN, ROLAPP AND ASSOCIATES
FOR FINANCIAL ADVISOR, APPROVED; AND CITY MANAGER AUTHORIZED
TO EXECUTE THE AGREEMENTS (600.30)
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to adopt RESOLUTION NO. 09-07-07-01 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 (OPEN SPACE
ACQUISITION AND/OR IMPROVEMENTS); approval of agreements for the
proposed open space obligation bonds — series 2009 with Stradling, YOcca,
Carlson and Rauth for bond council and Fieldman, Rolapp and Associates for
financial advisor services; and City manager authorized to execute the
agreements.
D19. RESOLUTION NO. 09-07-07-02 ADOPTED, AUTHORIZING THE CURRENT
OFFICERS OF THE CITY TO INVEST FUNDS AND DRAW CHECKS ON CITY
BANK ACCOUNTS; AND ADDING THE DEPUTY CITY TREASURER AND
ACTING CITY CLERK (320.10)
jamaNE07:1�_171�C
E1. RESOLUTION NO. 09-07-07-03 ADOPTED CERTIFYING THE NEGATIVE
DECLARATION; AND FIRST READING AND INTRODUCTION OF AN
ORDINANCE APPROVING CODE AMENDMENT (CA) 07-005 AMENDING
MUNICIPAL CODE SECTION 9-3.543 — REGULATING SIGNS (420.301410.40)
Grant Taylor, Assistant Community Development Director, provided an agenda
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.
fi 07-07-2909
Written Communications:
■ Eric Altman, President, Chamber of Commerce, submitted a letter on
July 6, 2009, urging the Council to establish a separate section for the Auto
Dealers that will allow them to properly market their products.
Council Comment:
■ Concern with allowing only one sign per wall exposure since some walls are
very long such as Franciscan Plaza.
■ Possibly bring back sign ordinance at a future date to consider separate
standards for car dealerships. .
Maria Morris, Acting City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously to adopt RESOLUTION No. 09-07-07-03,
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CERTIFYING THE NEGATIVE DECLARATION FOR CODE
AMENDMENT (CA) 07-005 TO AMEND TITLE 9 OF THE LAND USE. CODE
SECTION 9-3.543 REGULATING SIGNS"; and approved first reading and
introduction of an ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 07-
005 TO AMEND THE TITLE 9 OF THE LAND USE CODE, SECTION 9-3.543
REGULATING SIGNS"; and correcting Exhibit A to the Ordinance, page 7. to read
"Temporary signs shall be placed no less than (50) feet...,"
RECESS AND RECONVENE
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency, and reconvened following.
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. RESOLUTION NO, 09-07-07-44 ADOPTED SUPPORTING WORKFORCE
HOUSING BY INITIATING A GENERAL PLAN AMENDMENT OF A PORTION OF
THE VACANT LAND AT THE NORTHWEST CORNER OF CAMINO
CAPISTRANO AND JUNIPERO SERRA ROAD APN 121-050-21 (440.25)
Douglas D. Dumhart, Economic Development Manager, and David Chacon,
Architect, provided an agenda report and responded to questions.
7 07-07-2009
Public Comment:
■ Paul Mullin, representing Silverado Senior Living, would like opportunities to
be more engaged with the project; expressed view points on grading,
archeological and parking issues; and would like the possibility of a senior
center.
Gila Jones, Housing Advisory Committee, felt location is appropriate for
project and encouraged Council for approval.
Council Comment:
■ Project is a good use for the location.
■ Parking needs to be addressed properly.
■ Possibility to add recreational vehicle/work truck spaces.
■ Maximum of 30 units preferred.
■ Find alternative ways to find additional parking in order to increase number
of units.
■ Concern with perception that affordable housing is only concentrated in the
northwest area of the City.
■ Location not appropriate for a high density project of 40-50 units.
■ Need to be sensitive when dealing with the habitat and wildlife preservation
and the proximities to the City's open space.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously to adopt RESOLUTION NO. 09-07-07-04,
ENTITLED " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, INITIATING A GENERAL PLAN AMENDMENT (GPA)
STUDY PROCESS TO CHANGE THE LAND DESIGNATION OF A PORTION OF
APN 121-050-21 FROM OFFICE RESEARCH PARK TO AFFORDABLE
FAMILY/SENIOR HOUSING (APN 121-050-21) (430.45)
G2. COMMUNITY DEVELOPMENT DIRECTOR
a. OPEN SPACE COMMITTEE RECOMMENDATION CONFIRMED TO FOCUS ON
HABITAT RESTORATION EFFORTS WITHIN A SPECIFIC PHASE 1 VICINITY
AND APPROVAL OF A 25% MATCH OF BOND MONIES FOR EVERY
$1,000,000 IN MEASURE M FUNDS APPLIED FOR (530.40)
Steve Apple, Community Development Director, provided an agenda report and
responded to questions.
Council Comment:
■ City should commit to a dollar amount of $1-2 million.
■ Preference in committing to a 25% match of City funds for every $1,000,000
in grant funds applied for.
■ Every. project should not have an automatic 25% fund match, but rather
looked at each project separately.
■ Cemetery use should be further discussed.
8 07-07-2009
■ Watershed and wildlife corridor should be the primary focus.
■ Preference in using bond monies rather than monies from the general fund.
■ Need to focus and be judicial in repairing habitat with a restoration of
ecological sensitive areas.
■ Need to look into the future costs of maintaining the areas that are to be
restored.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Freese, and carried unanimously to confirm the Open Space Committee
recommendation to focus on habitat restoration efforts within a specific Phase 1
vicinity; and 25% match of bond monies for every 1,000,000 in Measure M funds
applied for.
G3. PUBLIC WORKS DIRECTOR
a. MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY TO SUPPORT AND DEVELOP RAILROAD -
RELATED IMPROVEMENTS — NO ACTION TAKEN —STAFF TO BRING BACK
TO COUNCIL A REVISED MEMORANDUM OF UNDERSTANDING (820.45)
Nasser Abbaszadeh, Public Works Director, provided an agenda report and
responded to questions.
Public Comment:
■ Cathleen Brannon, City resident, expressed concerns with double tracking
and making deals behind closed doors.
■ Joy Obade, City resident, expressed concerns with double tracking and
read a letter for the record.
■ Jim Reardon, City resident, expressed concerns with double tracking and
urged the Council not to approve the agreement.
■ Kim Lefner, City resident, urged Council to reject the agreement and submit
a letter opposing double tracking to the Orange County Authority.
■ Yvonne Tschaikowsky, City resident, urged the Council to reject the
agreement for double tracking and keep an open mind to other uses instead
of the proposed retirement community.
■ Joanne Marquez, representing the Capistrano Villas III Homeowners
Association, spoke in opposition to the double tracking.
Council Comment:
■ Double tracking should not be in residential areas.
■ City would benefit from improving the crossing for any future development.
Preference in having a workshop session for further study of the project.
■ Importance in preserving the City's downtown and history.
■ Importance in supporting train ridership and transportation improvements.
■ Opposition in double tracking through downtown area.
■ Under agreement the City needs to be in full control in moving forward with
the project.
9 07-07-2009
■ Agreement should be revised and brought back to Council to reflect the
following changes. striking the second to last "WHEREAS, the City
recognizes the Authority's need for the extension of the second main
track..." on page 2; make all of Article 3. contingent on the City's sole
discretion to move forward with having a public crossing; remove D & E
related to double tracking, under Article 3. until further information from the
Orange County Transportation Authority is received to allow for further
determination; and correct the indemnification provision under Article 6-b. to
clarify that the Authority agrees to defend, indemnify and hold harmless the
City.
ORDINANCES: None
COUNCILMANIC ITEMS:
11. COUNCIL MEMBER LAURA FREESE APPOINTED TO SERVE AS THE CITY'S
REPRESENTATIVE TO THE SAN JUAN BASIN AUTHORITY; AND JOE TAIT,
INTERIM UTILITIES DIRECTOR AS THE ALTERNATE REPRESENTATIVE.
Maria Morris, Acting City Clerk, provided an agenda report and, responded to
questions.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to appoint Council Member Laura Freese to serve
as the City's Representative to San Juan Basin Authority, through
December 31, 2009, and appoint Joe Tait, Interim Utilities Director as the alternate
representative.
Council Member Hribar requested to agendize Business Licenses fees for investment
property owners who have adjoining parcels of land.
Council Member Allevato suggested that staff look into having Closed Session dinners
ordered through different restaurants in town and paid for by Council Members.
ADJOURNMENT:
Therebeing no further business, Mayor Nielsen adjourned the meeting at 11:52 p.m. to
Tuesday, July 14, 2009 at 4:00 p.m, for a Closes Session meeting and then to the
Tuesday, July 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.
10 07-07-2009
RRIS, ACTINQ CITY CLERK
Approved: July 7,
ATTEST: a�
MAWmAW NIELS N, MAYOR
11
07-07-2009