09-1103_CC_Minutes_Regular MeetingMINUTES
November 3, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Nielsen called the Regular Meeting of the City Council to order at
5:36 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
COUNCIL MEMBERS ABSENT: Council Member Hribar carne in after the Roll Call.
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CLOSED
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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(c), the City Council
conferred with legal counsel pertaining to initiation of litigation involving one
potential case.
b. Pursuant to Government Code Section 54959.9(a), the City Council
conferred with legal counsel pertaining to existing litigation in the matter of
Marbella Development Company vs. City of San Juan Capistrano.
C. Pursuant to Government Code Section 54956.9(b), the City Council
conferred with legal counsel pertaining to one item of significant exposure to
litigation involving a minor landslide near Cerro Rebal Roadway.
d. Pursuant to Government Code Section 54957, the City Council considered
the appointment or employment of a City Manager.
e. Pursuant to Government Code Section 54957.6, the City Council conferred
with its labor negotiators (Human Resources Manager and City Council
Committee) as to salary and terms of employment of an unrepresented
employee. The affected unrepresented employee is the City Manager.
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of
San Juan Capistrano at 6:42 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and gave the invocation.
1 11-3-2009
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tern 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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Mayor Nielsen announced that no reportable actions took place in Closed Session.
CITY COUNCIL COMMENTS & ORAL REPORTS.
Meeting with Capistrano Unified School District officials regarding request to lower
Capital Fund District (CFD) rates for Pacifica San Juan residents.
■ "Barn Dance" hosted by the Equestrian Coalition.
■ "Portola Ride".
Desalinization meeting.
Irvine Land Institute Seminar "Mega Priorities in Infrastructure".
■ San Juan Basin Authority Workshop.
■ "Day of the Dead" at the Library.
■ Meeting with Senator Mark Wyland.
■ Mayor's Monthly Business Walk.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported upcoming Open Space Committee recommendations coming up
to the City Council in the next couple of meetings.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Learn Trends and Impress Your Friends", hosted by the Chamber of Commerce..
■ 2nd Annual Team Women Holiday Boutique & Business Expo
■ San Juan Capistrano Multicultural Arts Concert Series.,
■ "The Road Home", presented by the Mission.
■ "Align Social Media and Internet Marketing to Drive Business Objectives", hosted
by SCORE.
■
"is your Teen at Risk", presented by Capistrano Unified School District.
■ City's E -Waste Event.
■ Free LED Holiday Light Exchange, hosted by The Ecology Center.
■ Second Downtown Saturday Art Fair.
2 11-3-2009
INTRODUCTIONS AND PRESENTATIONS
1. BRUCE NiELSEN, B & V PRODUCTIONS RECOGNIZED FOR CONTRIBUTIONS
TO THE 2009 SAN JUAN SUMMER NIGHTS CONCERT SERIES (610.40)
Karen Crocker, Community Services Director, recognized Bruce Nielsen, B & V
Productions, for his commitment and generosity to the City of San Juan Capistrano
by assisting preserve the 2009 San Juan Summer Nights Concert Series. Mayor
Nielsen presented him with a certificate of appreciation.
2. PRESENTATION ON THE STATUS OF THE ENVIRONMENTAL EFFORTS FOR
THE LA PATA AVENUE CLOSURE AND DEL RIO EXTENSION PROJECT
(610.40)
Les Card, LSA Associates, Inc. and William Huber, Wild Horse Group, provided a
presentation, provided a draft public notice, and responded to questions regarding
the project.
3. MAYOR PRO TEM USO INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Ginny Kerr and James Mocalis, Planning Commission; Jean
Savage and Larry Kramer, Transportation Commission; Orange County Fire
Authority Division Chief Rick Robinson; and former Orange County Sheriff
Brad Gates.
ORAL COMMUNICATIONS
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening.
■ John Caldwell, Larry Kramer, and Greg Sykes, representing the San Juan
Capistrano Rotary Club, reported the success of the Ridgewalk and the 10K trail
run; and presented the City with a $5,000 check to support maintenance of
Open Space trails.
■ Jean Vicenzi, Friends of the Library, requested a Fee Waiver for a Library
Monument Sign permit. Mayor Nielsen informed her that the Mayor's Library
Sub -Committee will look into the matter.
■ Jeff Peo, President of Casitas. Homeowners Association Il, thanked the Council for
response on dumping on Calle Chueca and Calle Esplendor; and informed that he
will be meeting with the City Manager regarding the noise and lighting impacts
from the JSerra High School athletic fields.
Herb Carlson, City resident, spoke in support of the lease agreement for a cell site
with Cingular Wireless due to poor phone service.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato,
and carried unanimously to approve consent calendar items 1 through 9 as
recommended by staff.
3 11-3-2009
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 20, 2009,
APPROVED AS SUBMITTED.
D3. CITY COUNCIL MINUTES -- ADJOURNED REGULAR MEETING OF
SEPTEMBER 29, 2009.
D4. CLAIM OF MARIA MARCHISOTTO DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
D5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
OCTOBER 15, 2009, RECEIVED AND FILED (440.10)
D6. ANNUAL UPDATE OF INVESTMENT POLICY FOR FISCAL YEAR 2009-10,
APPROVED.
D7. CASH BALANCES BY FUND — JULY 31, 2009, RECEIVED AND FILED (330.50)
D8. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 24, 2009 IN THE
TOTAL AMOUNT OF $1,275,691.60 AND OCTOBER 8, 2009 IN THE TOTAL
AMOUNT OF $1,629,009.46; AND PAYROLL WARRANTS DATED SEPTEMBER
18, 2009 IN THE TOTAL AMOUNT OF $182,499.78 AND OCTOBER 2, 2009 IN
THE TOTAL AMOUNT O $182,781.45, RECEIVED AND FILED (300.30)
D9. TERMINATION OF THE WATER SERVICE AGREEMENT AND LEASE -OF
CAPACITY RIGHTS AT DEL OBISPO CONNECTION AND THE
ESTABLISHMENT OF AN EMERGENCY INTERCONNECTION AT DEL OBISPO
WITH SOUTH COAST WATER DISTRICT, APPROVED (600.50)
PUBLIC HEARING: None
ADMINISTRATIVE ITEMS;
F1. COMMUNITY DEVELOPMENT DIRECTOR
a. STATUS REPORT ON COMPLIANCE WITH CONDITIONS OF CONDITIONAL
USE PERMIT (CUP) 08-011, RECEIVED AND FILED, AND ITEM
TO COME BACK TO THE CITY COUNCIL AS A PUBLIC HEARING ON
NOVEMBER 17, 2009.
Written Communications:
■ Benjamin T. Benumof, Attorney at Law, representing Mr. and Mrs. Cameron
Forster Grenier, submitted a letter dated November 1, 2009, regarding
ongoing issues with the Conditional Use permit.
4 11-3-2009
Teri Delcamp, Historic Preservation Manager, provided a staff report and
responded to questions.
Public Comment:
■ Arpi Evans, Applicant, gave an update of recent events held at the Forster
Mansion, explained the mitigations taken place to reduce noise and comply
with conditions; and responded to questions.
■ Michael Forster, City resident, felt that events held at the Forster Mansion
are tasteful and done in compliance with the conditions of approval.
■ Ben Benumof, Attorney at Law, representing Mr. and Mrs. Cameron
Grenier, spoke in concern lack of compliance to meet ABC License
requirements; incompatibility of site with surrounding area; issues with
sewer, and parking on the site; and responded to questions.
■ Cameron Grenier, City resident, spoke regarding ABC regulations and the
number of permits allowed per year.
■ Mary Boyazian, City resident, felt that the Forster Mansion events bring
business to the adjacent business center; and responded to questions
related to parking.
■ Maryanne L. Charis, Owner of the Forster Mansion, informed that the sewer
issues were caused by the bathrooms from Capistrano Collections and not
caused by the Forster Mansion.
Council Comment:
■ In favor of having a public hearing at the next City Council meeting.
Council Action: Moved by Mayor pro tem Uso, seconded by
Council Member Freese, and carried unanimously to receive and filed the status
report on compliance with condition; and staff to bring back to the City Council as
a public hearing on November 17, 2009.
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a. RESOLUTION NO. 09-11-03-01 ADOPTED APPROVING THE INSTALLATION
OF "NO STOPPING, STANDING OR PARKING 7:00 A.M. — 9:00 A.M. AND 2:00
P.M. — 4:00 P.M. MONDAY — FRIDAY" ON CAMINO LACOUAGUE FROM ITS
SOUTHERLY TERMINUS NORTHERLY 300 FEET.
Mayor pro tem Uso recused himself from considering this item due to its close
proximity to his home. He informed the Council that he would be speaking under
public comments as a private citizen.
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to
questions.
5 11-3-2009
Public Comment:
• Cheryl Uso, City resident, spoke regarding Camino Lacouague being used
as a student drop-off area creating traffic, littering, smoking; restricting
parking 150 feet will only move the problem down the road.
■ Dr. Londres Uso, City resident, spoke regarding safety, smoking, traffic and
littering issues with Camino Lacouague being used as a student drop-off
area; lack of supervision from the school district; and felt that restricting
parking 150 feet would just move the problem to other neighborhoods. -
■ Anne Fox, City resident, spoke concerned with safety issues; and felt that
the restrictions should be for no stopping, standing or parking and should
not be limited to only 150 feet.
■ Dusty Otero, City resident, felt that parking should be allowed on Camino
Lacouague at all times.
■ William Malone, President, San Juan Creek Homeowner Association, spoke
in favor of having no parking in concern with safety issues; and spoke in
favor of moving the no parking further to the end of the street to San Juan
Creek Road.
Council Comment:
■ The terminus of Camino Lacouague does not meet the City's standards for
dead end street and does not allow for safe and efficient movement of
traffic.
■ Capistrano Unified School District needs to comply with their mitigation
obligations to post a proctor at the terminus of Camino Lacouague in the
mornings and the afternoon.
■ Preference in increasing the restrictions to "no stopping, standing, parking"
Monday through Friday 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m. on
Camino Lacouague from its south terminus then north 300 ft.
■ Would like to see the installation of a bike rack.
■ Preference in "no parking" through Friday all the way to
San Juan Creek Road.
Preference in not increasing the "o stopping" restriction more than 150 ft..
Council Action: Moved by Mayor Nielsen, seconded by Council . Member
Freese, and 3-1-0 with Council Member Hribar opposed and Mayor pro tem Uso
recused to adopt RESOLUTION NO. 09-11-03-01 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO STOPPING, STANDING OR PARKING 7:00 A.M. — 9:00
A.M. AND 2:00 P.M. — 4:00 P.M. MONDAY — FRIDAY" ON CAMINO
LACOUAGUE FROM ITS SOUTHERLY TERMINUS NORTHERLY 300 FEET";
and City formally request the Capistrano Unified School District to meets its Final
Environmental Impact Report (FEIR) and Army Corp permit obligations to post a
proctor at the terminus of Lacouague in morning and afternoon in all school days to
prohibit to be a drop-off point; "No Stopping, Standing or Parking" for a distance of
approximately 300 feet to the bend in the road from the road terminus
Monday through Friday from 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m.; and
Police Services is to enforce the restriction for a focus time period after initiation of
the signage.
11-3-2009
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Freese and Mayor Nielsen
NOES: COUNCIL MEMBER: Hribar
RECUSED: COUNCIL MEMBER Mayor pro tem Uso
F3 CITY MANAGER
a. MONTANEZ ADOBE PLAZA OPERATIONS (LOS RIOS PARK) (400.40)
Joe Tait, Interim City Manager, provided a staff report and responded to questions.
Douglas Dumhart, Economic Development Manager provided a slide presentation
and responded to questions.
Public Comment:
■ Marianne Taylor, City resident, spoke regarding concerns with vandalism,
overnight parking, truck deliveries, and lack of signage.
■ Stephen Rios, City resident, felt that people need to be educated on proper
park usage; trucks need to be off Los Rios; and responded to questions
from the Council.
■ Maryann Davidson, City resident, preference. in relocating the delivery
vehicle loading and unloading to the decomposed granite drop-off area; and
felt that work needs to be done on the empty gravel corner on
Paseo Adelanto and Ramos Street.
Council Comment:
■ Should have couple of boulders and signs indicating pedestrian access
only.
■ Preference in prohibiting truck deliveries on Los Rios Street completely, and
allow truck deliveries at the Montanez Plaza by restricting the delivery times
to 7:00 a.m. — 9:00 a.m.; and -use signage and boulders at the entry to
prevent cars to come in from Los Rios Street.
■ Long term vision for the Los Rios Park is to take all traffic from
River Street to Ramos Street.
■ Boulders at the entrance to the park have to allow for police cars to have
proper access.
■ Signs need to direct visitors how to get to the parking area.
■ Preference in re -visiting in a year to evaluate wear and tear.
■ Los Rios Street should not have any traffic at all, specially truck traffic for
safety reasons.
■ Truck deliveries should be allowed on the first ten (10) feet of pavers for
loading and unloading.
■ Police services to be proactive in making stops at the park in order to
educate visitors about park hours.
Council Action: Moved by Mayor Nielsen, seconded by
Council Member Hribar, and carried 4-1 with Mayor pro tem Uso opposed to allow
deliveries on the first ten (10) feet of pavers (for loading and unloading) nearest to
7 11-3-2009
the decomposed granite turn around, and add
vehicular access to the Montanez Adobe Plaza.
ROLL CALL.:
AYES: COUNCIL MEMBER: Allevato,
NOES: COUNCIL MEMBER: Mayor pro
ABSENT: COUNCIL MEMBER None
decorative boulders to restrict the
Hribar, Freese and Mayor Nielsen
tem Uso
b. LICENSE AGREEMENT WITH OTRA, INC. (COMMONLY KNOWN AS ORTEGA
EQUESTRIAN CENTER), APPROVED (600.30)
Cindy Russell, Assistant City Manager, provided a staff report and responded to
questions.
Public Comment:
■ Kathy Holman, Ortega Equestrian Center, responded to questions from the
City Council.
■ James Mocalis, City resident, gave an overview of the preservation of
equestrian uses and trails per the City's General Plan.
Ginny Kerr, City -resident, spoke regarding the benefits of programs
provided by the Ortega Equestrian Center.
■ Brad Gates, City resident, spoke in support of the license agreement.
Council Comment:
■ Classes provided by the Ortega Equestrian Center are affordable, valuable,
teaches safety and helps to increase involvement in the equestrian lifestyle.
■ Section 5 of agreement under Stable Improvements should include that
removal of stable improvements are at the option of the City.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Hribar, and carried unanimously to approve a License Agreement
with OTRA, Inc. (commonly known as Ortega Equestrian Center) for the Use of
City -owned APN 666-232-08 located at the west end of Cook Park/La Novia, south
of intersection of Calle Arroyo and Rancho Viejo Road; and Section 5 of the
agreement under Stable Improvements should be amended as follow: At the
termination of this License, LICENSEE shall remove all stable improvements
installed by LICENSEE from said PREMISES within thirty (30) days at the option of
the LICENSOR.
F4 COMMUNITY SERVICES DIRECTOR
a. WIRELESS COMMUNICATION FACILITIES SITE LEASE AGREEMENT FOR
THE SAN JUAN CAPISTRANO SPORTS PARK WITH NEW CINGULAR
WIRELESS, PCS, LLC, APPROVED (600.20)
Council Member Freese recused herself from this item due to its close proximity to
her residence and left the City Council Chamber.
8 11-3-2009
Karen Crocker, Community Services Director, provided a staff report and
responded to questions. Tim Miller, New Cingular Wireless, responded to
questions.
Public Comment:
Ates Baydn, City resident, spoke in opposition to the site lease agreement
due to radiation, and poor maintenance of the site.
Council Comment:
City should try to negotiate a higher lease fee.
Council Action: Moved by Mayor Nielsen, seconded by
Council Member Allevato, and 3-1-0 with Mayor pro tem Uso opposed and
Council Member Freese recused to approve a Wireless Communication Facilities
Site Lease Agreement with New Cingular Wireless, PCS, LLC at the San Juan
Capistrano Sports Park; with changes to page 8, Section 9.2 Subsequent Property
Leases, remove: flij encroaches. onto the Premises; and page 3, Section 4.2
Cost of Living Adjustment shall read: The Base Rental shall be automatically
adjusted on each anniversary of the Commencement Date in an amount equal to
three percent 13%.1 of the rent paid during the previous Vear.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, and Mayor Nielsen
NOES: COUNCIL MEMBER: Mayor pro tem Uso
RECUSED: COUNCIL MEMBER Freese
b. LICENSE AGREEMENT WITH THE JUANENO BAND OF INDIANS FOR USE OF
PORTION OF THE LACOUAGUE BUILDING — ITEM POSTPONED TO THE CITY
COUNCIL MEETING OF NOVEMBER 17, 2009 (600.30)
ORDINANCES: None
COUNCILMANIC ITEMS:
11. ADJUSTMENT TO THE MAXIMUM SPECIAL TAX LEVY FOR
FY 2009/10 COMMUNITY FACILITIES DISTRICT 98-1A - CONTINUED TO
NOVEMBER 17, 2009 (600.50/340.40)
Council Action: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried unanimously to continue the matter to the
meeting of November 17, 2009.
RECESS AND RECONVENE
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency, and reconvened following.
9 11-3-2009
ADJOURNMENT:
There being no further business, Mayor Nielsen adjourned the meeting at 10:42 p.m.
back to Closed Session, and then to Wednesday, November 4, 2009 at
3:00 p.m. for a Long Term Vision/Strategic Plan Workshop, and then November 17, 2009
at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public Business Session, in the
City Council Chamber.
bi-nitted,
MARIA 910RZR�S, ACTINcO, CITY CLERK
Approved: November 17, 2009
ATTEST:
MARK NIELSEN, iI AYOR
10 11-3-2009