10-0105_CC_Minutes_Regular MeetingMINUTES
January 5, 2010
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Uso called the Regular Meeting of the City Council to order at
5:34 p.m. in the City Council Chamber.
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Laura Freese and Mayor Uso
COUNCIL MEMBERS ABSENT: None (Mayor Uso turned the meeting over to
Mayor pro tem Freese at 9:00 p.m. and left the City Council Chamber due to an illness)
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 54956.9(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.
b. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with legal counsel pertaining to two potential items for initiation of litigation.
c. Pursuant to Government Code Section 54956.8, the City Council conferred
with its Real Property Negotiator (City Manager) concerning the price and
terms of payment for the purchase, sale, exchange or lease of certain real
property known as 33302 & 33332 Valle Road, in the City of San Juan
Capistrano, California. The property owner is Pacific Western Bank..
BUSINESS SESSION:
Mayor Uso called the Regular Meeting of the City Council of the City of
San Juan Capistrano at 6:37 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, Mark Nielsen,
Mayor pro tem Laura Freese and Mayor Uso
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 Uso announced that no reportable actions took place in Closed Session.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Thanked staff for taking a furlough to help the City in hard economic times.
• The opening of the trail systems between San Juan Capistrano and San Clemente.
• San Juan Basin Authority meeting.
• Vector Control meeting.
• Orange County Library Advisory Committee meeting.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported that the next meeting of the Open Space Committee
will be held Monday, January 18, 2010 at 6:30 p.m. in the City Council Chambers.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
E "Downtown Farmer's Market"
• Chamber of Commerce will host a Breakfast meeting regarding "The Great Park".
■ Fiesta Association meeting at the Nydegger Building.
■ "Show -Off', presented by The Camino Real Playhouse.
• "Networking — A Critical Skill", presented by SCORE at La Sala Auditorium.
■ "The Fiesta Association Mixer" at the Vintage Steak House.
■ "Hairiest Man Sign Up's" at the Swallow's Inn, by the Fiesta Association.
INTRODUCTIONS AND PRESENTATIONS
1: USA 75 RECOGNIZED FOR ITS TOURNAMENT AT THE HUNTSMAN WORLD
GAMES IN OCTOBER 2009 (610.40)
Mayor Uso recognized USA 75 for winning its tournament at the Huntsman World
Games in October 2009 and presented them with a Certificate of Recognition.
1. PROCLAMATION TO TOM TOMLINSON, FORMER PLANNING DIRECTOR
(610.40)
William Ramsey, Principal Planner and Cindy Russell, Assistant City Manager
recognized former Utilities Director Tom Tomlinson. Mayor Uso dedicated the
meeting to Mr. Tomlinson.
2. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: David Foster, Transportation Commission; Ilse Byrnes, Parks,
Recreation and Equestrian Commission; Les Blair, San Juan Senior Liaison; and
Dan Runnestrand, Battalion Chief.
2 1/5/2010
ORAL COMMUNICATIONS. City Council and Community Redevelopment Agency
• West Curry, Utilities Assistant Director, gave an update regarding the Groundwater
Recovery Plant operations on water production.
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening:.
• Kim McCarthy, City resident, spoke regarding overcrowding issues; water rate
increases; graffiti; and need for additional law enforcement.
• Jim Reardon, City resident, spoke regarding a letter he submitted to the City Council
regarding the relationship between Sierra Soils and Blenheim and how it can affect
the acquisition of the Rancho Mission Viejo property. Mayor Uso stated that the City
Council plans to agendize an item regarding this matter in the near future.
• Richard Gardner, Capistrano Beach resident, spoke regarding traffic issues and
alternative solutions to the widening if Ortega Highway.
Orrie Brown, City resident, spoke regarding concerns with graffiti and gang activities
in the City. Lieutenant Dwyer, gave an update on actions taken by Police Services
regarding recent vandalisms.
• Clint Worthington, City resident, spoke regarding using regular cameras to catch
vandalism in the City.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously to approve consent calendar items 1 through 6 and 8
through 11, 14 and 16 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 19, 2009 IN THE
TOTAL AMOUNT OF $2,596,284.76 AND DECEMBER 3, 2009 IN THE TOTAL.
AMOUNT OF $672, 427.34; AND PAYROLL WARRANTS DATED NOVEMBER
13, 2009 IN THE TOTAL AMOUNT OF $1999,074.76 AND NOVEMBER 27,
2009 IN THE TOTAL AMOUNT OF $181,599.04, RECEIVED AND FILED
(300.30)
3. CASH BALANCES BY FUND — AUGUST 31, 2009, RECEIVED AND FILED
(330.50)
4. CASH BALANCES BY FUND — SEPTEMBER 30, 2009, RECEIVED AND FILED
(330.50)
5. CLAIM OF CARLOS HERNANDEZ DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
6. CLAIM OF LOU CANGIANO DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
3 1/5/2010
7. RESOLUTION NO. 10-01-05-01 ADOPTED REQUESTING THAT GOVERNOR
SCHWARZENEGGER IMMIDIATELY CANCEL THE SALE OF THE ORANGE
COUNTY FAIRGROUDS" (960.50)
Public Comments:
Dr. Julie Ryan Johnson, City resident, submitted a leiter and spoke against
the sale of the Orange County Fairgrounds.
Council Comment:
• State should give the City of Costa Mesa, the. County of Orange, or
consortium cities 90 to 180 days to purchase the Orange County Fairgrounds.
• State should not be resolving their fiscal impracticalities by placing burden on
the cities and counties.
Council Action: Moved by Mayor pro tem Freese, seconded by Council Member
Nielsen, and carried 3-2, with Council Member Hribar and Council Member
Allevato opposed to adopt Resolution No. 10-01-05-01 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUESTING THAT GOVERNOR
SCHWARZENEGGER IMMIDIATELY CANCEL THE SALE OF THE ORANGE
COUNTY FAIRGROUDS"
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Nielsen and Mayor Uso
NOES: COUNCIL MEMBER: Hribar and Allevato
ABSENT: COUNCIL MEMBER: None
8. UPDATE ON SOLAR PHOTOVOLTAIC REQUIREMENTS, RECEIVED AND
FILED (530.70)
9. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
DECEMBER 15, 2009, RECEIVED AND FILED (440.10)
10. GRANT APPLICATION FOR CALGRIP, APPROVED (585.50)
11. WATERNVASTEWATER SERVICE AGREEMENT WITH SANTA MARGARITA
WATER DISTRICT FOR APN 125-172-07 AND APN 125-172-17 (RMV RIDING
PARK ACQUISITION AREA), APPROVED
12. RESOLUTION NO. 10-01-05-02 ADOPTED, ESTABLISHING REDUCED
PERMIT FEES FOR SOLAR PHOTOVOLTAIC SYSTEM INSTALLATIONS
(1020.10)
Ziad Mazboudi, Senior Engineer, responded to questions from the City Council.
Public Comments:
■ Ron Hansen, Sycamore Trail, spoke regarding possibility of installing
photovoltaic system in his property.
4 1{5!2010
Council Comment:
■ Preference in having a sustainability plan that incorporates all alternative
energy technology and not limiting to photovoltaic only.
■ Staff to bring back to Council all forms of alternative energy.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Aflevato, and carried unanimously to adopt Resolution No. 10-01-05-02, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING REDUCED PERMIT FEES FOR
SOLAR PHOTOVOLTAIC SYSTEM INSTALLATIONS"
13. ENERGY EFFICIENCY PROGRAM AGREEMENT WITH SAN DIEGO GAS AND
ELECTRIC (SGG&E), APPROVED (600.30)
Ziad Mazboudi, Senior Engineer, responded to questions from the City Council.
Council Comment:
■ Preference in having a sustainability plan that incorporates all alternative
energy technology and not limited to photovoltaic only.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Freese, and carried unanimously to approve an Energy Efficiency Program
Agreement with San Diego Gas and Electric (SDG&E); project budget and
increase revenue in General Fund in the amount of $450,000 for SDG&E Energy
Efficiency Grant Program, approved; and City Manager authorized to execute the
agreement.
14. RESOLUTION NO. 10-01-05-03 ADOPTED, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING PASEO ADELANTO, NORTH OF DEL OBISPO
STREET INTO THE CITY'S SYSTEM OF STREETS (800.60)
15. RESOLUTION NO. 10-01-05-04 ADOPTED AUTHORIZING AN APPLICATION
FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDING
(480.20)
Ziad Mazboudi, Senior Engineer, responded to questions from the City Council.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously to adopt Resolution No. 10-01-05-04,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING AN APPLICATION FOR ENERGY
EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDING"; and any
increase in brightness of street lights with LED or induction lights needs to come
back to the City Council for approval.
5 1/5/2010
16. RESOLUTION NO. 10-01-05-05 ADOPTED, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING REVISED ORANGE COUNTY TAXI
ADMINISTRATION PROGRAM REGULATIONS" (940.70)
17. ASSUMPTION AGREEMENT FOR TRAFFIC SIGNAL VIOLATION VIDEO -
ENFORCEMENT SYSTEM LEASE AND SERVICES AGREEMENT WITH
AMERICAN TRAFFIC SOLUTIONS, INC, APPROVED (600.30)
Michael Cantor, Senior Management Analyst, responded to questions from the
City Council,
Council Comment:
■ Preference in removing the red light cameras.
■ Need further traffic and financial impact studies before determining if red light
cameras should be removed.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried 3-2 with Council Member Hribar and Mayor Uso
opposed to approve an Assumption Agreement for traffic signal violation video -
enforcement system lease and services agreement with American Traffic
Solutions, Inc.; and City Manager authorized to execute the Assumption
Agreement.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Nielsen and Freese
NOES: COUNCIL MEMBER: Hribar and Mayor Uso
ABSENT: COUNCIL MEMBER: None
18. RESOLUTION NO. 10-01-05-06 ADOPTED APPROVING AMENDMENT NO. 1
TO CALTRANS COOPERATIVE AGREEMENT NO. 12-535 RELATED TO THE
CONSTRUCTION OF THE CALLS RESPLENDOR STORM DRAIN
(CIP NO. 130) (600.50)
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to adopt Resolution No. 10.01-05-06,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
CALTRANS COOPERATIVE AGREEMENT NO. 12-535 RELATED TO THE
CONSTRUCTION OF THE CALLS RESPLENDOR STORM DRAIN
(CIP NO. 130)
PUBLIC HEARINGS: None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
6 1/5/2010
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
STAFF DIRECTED TO BRING BACK TO COUNCIL A PROPOSAL FOR
FEDERAL GOVERNMENT ADVOCACY CUSTOMIZED FOR THE CITY WITH
TOWNSEND PUBLIC AFFAIRS, INC. (600.30)
Cindy Russell, Assistant City manager, responded to questions.
Public Comment:
■ Chris Townsend and Heather Dion, Townsend Public Affairs, Inc., provided
and overview of their scope of work on current projects and responded to
questions from the City Council
Council Comment:
■ Content with services provided by Townsend Public Affairs, Inc.
■ Should look into receiving a proposal for customized federal advocacy
services from Townsend Public Affairs, Inc.
■ Concern with lack of communication from Patton Boggs.
G2. COMMUNITY DEVELOPMENT DIRECTOR
a. STATUS REPORT OF THE CITY'S CONTRACT WITH DEREK OSTENSEN &
ASSOCIATES FOR GRANT WRITING AND OPEN SPACE CONSERVATION
SERVICES, RECEIVED AND FILED (600.30)
William Ramsey, Principal Planner, responded to questions.
Public Comment:
■ Heather Dion, Townsend Public Affairs, Inc., provided clarifications regarding
Proposition 84 Grant Program applications.
Council Comment:
■ Preference in increasing the compensation amount of the contract.
■ City should look into funding a position though grant applications for an
Open Space Manager.
■ Staff to bring Contract back to Council together with Townsend Public Affairs
proposal.
G3. PUBLIC WORKS DIRECTOR
IMPROVEMENTS,TRANSPORTATION AUTHORITY TO SUPPORT AND DEVELOP RAILROAD-
....• (600.50)
Nasser Abbaszadeh, responded to questions.
7 1/6/2010
Public Comments:
■ Clint Worthington, City resident, spoke in opposition of converting the existing
private railroad crossing to a public railroad crossing for liability reasons.
■ Richard Gardner, Capistrano Beach resident, encouraged the Council to
move forward with approving converting the railroad crossing from private to
public, as the opportunity is very rare.
• Ryan Curry, Continuing Life Communities (CLC), agreed to provide the City
with any necessary documentation stating that CLC will be responsible for all
costs associated with the process.
Council Comment:
• Continuing Life Communities (CLC) needs to be responsible to pay any
expense for the public railroad crossing process to go through.
■ There will be a public railroad crossing only if there's a public benefit and a
need for public access.
• Project should be approved before going through the process.
■ CLC can make the decision if they want to invest in going through the
process.
• Having an improved four lane public railroad crossing with modern upgraded
safety equipment would be a public benefit.
■ Need public railroad crossing for any future projects in that area.
The Option Agreement should be brought back as a public hearing before
going forward with the Memorandum of Understanding with the
Orange County Transportation Authority (OCTA).
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried 3-2 with Mayor pro tem Freese and Mayor Uso
opposed to approve the revised Memorandum of Understanding with Orange
County Transportation Authority (OCTA) in anticipation of the City filing an
Application with the California Public Utilities Commission (CPUC) with a request
to convert the existing at -grade private railroad crossing at Rancho Capistrano to
a public crossing; City Manager authorized to execute the agreement subject to
Continuing Life Communities (CLC) taking on the responsibility for all costs
associated with the process by establishing a deposit account and any necessary
agreement required by the City Attorney to insure that tax payers are not at risk
for any costs associated with moving forward with the Memorandum of
Understanding.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Allevato, Hribar and Nielsen
Freese and Mayor Uso
None
8 11512010
b. STATUS REPORT AND CONSTRUCTION SCHEDULE UPDATE ON THE
WIDENING OF A SECTION OF VALLE ROAD, TENTATIVE TRACT MAPS
14196 AND 15609 (SUNCAL DEVELOPMENT), RECEIVED AND FILED.
Nasser Abbaszadeh, Public Works Director, provided an update and responded
to questions.
G4. CITY ATTORNEY
a. CITIZENS' BOND OVERSIGHT COMMITTEE TO CONTINUE WITH ITS SEVEN
(7) MEMBERS, APPROVED (340.20)
Omar Sandoval, City Attorney, responded to questions.
Public Comments:
■ Clint Worthington, City resident, felt that the Council should start the
Citizens' Bond Oversight selection over again in order to select five (5)
members instead of seven (7) per ballot language for Measure Y.
■ Jim Reardon, City resident, felt the Citizens' Bond Oversight Committee is a
great group and the Committee should remain with seven (7) members.
Council Comment:
Preference in having five (5) members with two (2) alternates.
Felt that the intention of the Committee was to have at least five (5) people in
order to have diversity, and having a greater number makes it more diverse.
■ Preference in having only five (5) members.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem
Freese and carried 3-1-0 with Council Member Hribar opposed and Mayor Uso
absent to keep the Citizens' Bond Oversight Committee with seven (7) members.
ROLL CALL:
AYES:
NOES:
ABSENT:
ORDINANCES:
1. ORDINANCE
PERTAINING
(420.30)
COUNCIL MEMBER:
COUNCIL MEMBER:
COUNCIL MEMBER:
Freese, Allevato and Nielsen
Hribar
Mayor Uso
NO. 966 APPROVING CODE AMENDMENT (CA) 09-001
TO LANDSCAPE WATER CONSERVATION STANDARDS
Maria Morris, City Clerk, read the title of the Ordinance.
9 1/5/2010
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried 4-0-1 with Mayor Uso absent to adopt Ordinance No. 966
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING AND RESTATING SECTION
9-3.527 OF CHAPTER 3 OF TITLE 9 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE PERTAINING TO LANDSCAPE WATER CONSERVATION
STANDARDS."
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen and Freese
NOES: COUNCIL MEMBER: Norte
ABSENT: COUNCIL MEMBER: Mayor Uso
COUNCILMANIC ITEMS: None
Mayor pro tem Freese attended a Soccer Academy meeting where kids from
San Juan Capistrano and San Clemente play together on the same team against other
soccer teams. This is a great way to keep kids busy and away from trouble.
Mayor pro tem Freese made clarifications on the vote and resolutions from the
December 1, 2009 City Council meeting regarding the parking restrictions on
Camino Lacouague.
ADJOURNMENT:
There being no further business, Mayor pro tem Freese adjourned the meeting at
10:41 p.m. to Friday, January 8, 2010 at 9:30 a.m. for a Special Meeting, and then to
Tue�y J uary 19, 2010 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the ,
public i �s Session
MARIA �RiS, C
Approved: Jat—
DR.
ATTEST:
CLERK
I
LONDRES USO, MAYOR
10 1/5/2010