09-1215_CC_Minutes_Regular MeetingMINUTES
DECEMBER 15, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Uso called the Regular Meeting of the City Council to order at
5:32 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Freese and Mayor Uso
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 54956.9(c), the City Council
conferred with legal counsel pertaining to two initiation of litigation involving
two potential cases.
b. Pursuant to Government Code Section 54956.8, the City Council met 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.
C. Pursuant to Government Code Section 54956.9(b), the City Council
conferred with legal counsel pertaining to one item of potential exposure to
litigation involving a contractual dispute with HDR Engineering, Inc. (Ortega
Highway Pipeline).
BUSINESS SESSION:
Mayor Uso called the Regular Meeting of the City Council of the City of
San Juan Capistrano at 6:35 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Council Member Nielsen gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Freese and Mayor Uso
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:
Omar Sandoval, City Council Attorney reported that Closed Session item 3B
(Property on Valle Road) will be discussed at the end of Open Session meeting;
and City Council authorized Legal counsel to initiate litigation on
Caltrans Environmental Impact Report (EIR) for the widening of Ortega Highway.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ Orange County Transportation Authority Leadership Forum.
■ Boys & Girls of Capistrano Christmas Party.
■ LAFCO annexation approval of Rancho Mission Viejo.
■ San Juan Basin Authority meeting.
■ Sustainability Committee meeting.
■ Christmas Tree Lighting Ceremony.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported a meeting with Supervisor Pat Bates regarding
process of Measure M funds for Habitat Restoration. 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:
■ Downtown Farmer's Market
■ " A Christmas Story", hosted by The Camino Real Playhouse.
■ Water/Sewer Rate Workshop, hosted by the City.
■ "Audubon Christmas Bird Count", at The Donna O'Neill Conservancy.
■ `44nlirinxi ( nnr•prf" hncfprl hx/ fho Miq,,inn Rngilira
INTRODUCTIONS AND PRESENTATIONS
MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: William Bonney and Dave Solt, Housing Advisory Committee, Nathan
Banda and Jan Siegel, Cultural Heritage Commission.
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ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening.
• Clint Worthington, City resident, submitted a letter, he asked the City Council to start
the selection process again for the Citizens' Bond Oversight Ad -Hoc Committee in
order to select five (5) members instead of seven (7) members. Mayor pro tern
Freese requested to agendize an item regarding the number of members in the
Citizens' Bond Oversight Ad -Hoc Committee.
■ Tim Cannon, City resident, asked the City Council to further look into the parking
restrictions on Camino Lacouague for unsafe reasons.
• Kim McCarthy, City resident, spoke regarding crime, business closures and
overcrowding. Lieutenant Dan Dwyer, provided information on San Juan Capistrano
being ranked number ten (10) on type 1 crime in Orange County.
CONSENT CALENDAR:
Council Action: Moved by Council Member Nielsen, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1 through 6 as
recommended by staff.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF DECEMBER 1, 2009,
APPROVED.
3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
NOVEMBER 4, 2009, (LONG TERM VISION/STRATEGIC PLAN, APPROVED.
4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
NOVEMBER 3, 2009, (CITY COUNCIL/UTILITIES COMMISSION JOINT
WORKSHOP), APPROVED.
5. CITY COUNCIL MINUTES -- ADJOURNED REGULAR MEETING OF
NOVEMBER 17, 2009, APPROVED.
6. REPORT OF CITIZENS' BOND OVERSIGHT COMMITTEE REGARDING
PROPOSED PROJECTS FOR USE OF MEASURE Y BOND PROCEEDS —
ITEM PULLED BY STAFF (340.20)
7. AGREEMENT WITH DONAHUE SCHRIBER REALTY GROUP, L.P., SJC DEL
RIO LLC, AND DEL RIO JB LLC, APPROVED (600.30)
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded to questions.
3 12/15/2009
Council Action: Moved by Council Member Allevato, seconded by Council
Member Nielsen, and carried unanimously to approve an agreement with
Donahue Schriber Realty Group, L.P., SJC De Rio LLC, and Del Rio JB LLC;
City Manager authorized to execute the agreement; and the City Clerk directed to
process recording of the agreement with Orange County Recorder,
PUBLIC HEARINGS:
RESOLUTION NO., 09-12-15-01, ADOPTED CERTIFYING THE NOTICE OF
COMPLETION; AND ORDINANCE INTRODUCED APPROVING CODE
AMENDMENT (CA) 09-001 —WATER EFFICIENT LANDSCAPE (420.30)
David Contreras, Senior Planner, provided a staff" report and responded to
questions. Francie Kennedy, Conservation Coordinator, provided a presentation on
water conservation.
Mayor Uso opened the public hearing and invited testimony.
Public Testimony:
Orrie Brown, City resident, spoke concerned with the lack of notification.
Council Comments:
■ Concern with the front yard area of 5%, preference in changing to 20-25%.
■ Need to look at what other cities are doing in order not to be in competitive
disadvantaged with other regions.
Mayor Uso closed the public hearing.
Maria Morris, City Cleric read the first reading of the ordinance.
Moved by Council Member Hribar to approve staff recommendation; and front yard
area turf shall not exceed 25% of the total landscape area, but the motion failed for
lack of a second.
CouncilAction: Moved by Council Member Nielsen, seconded by Mayor pro tem
Freese, and carried unanimously to adopt RESOLUTION NO.
09-12-15-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE NOTICE OF
EXEMPTION AND APPROVING CODE AMENDMENT (CA) 09-001 TO AMEND
TITLE 9 OF THE LAND USE CODE SECTION 9-3.527 REGULATING LANDSCAPE
STANDARDS FOR COMPLIANCE WITH AB 1881 WATER EFFICIENT
LANDSCAPE; and first reading and introduction of an ordinance, 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"; and front yard area turf
shall not exceed 20% of the total landscape area.
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SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. COMMUNITY SERVICES DIRECTOR
a, LICENSE AGREEMENT WITH THE JUANENO BAND OF MISSION INDIANS
FOR USE OF PORTION OF THE LACOUAGUE BUILDING, APPROVED
Karen Crocker, Community Services Director, provided a staff report and
responded to questions.
Public Comment:
■ Nathan Banda, Juaneno Band of Mission Indians, spoke regarding hard
economical times; would like to continue a working relationship with the City,
and the opportunity to provide Native American monitoring; and responded to
question from the City Council.
■ Orrie Brown, City resident, felt City should use space already owned for a
new City Hall; not subside non-profit organizations; and spoke regarding lack
of notification to surrounding neighborhoods.
Council Comment:
■ Property is only to be leased for public benefit per Grant Deed restrictions.
■ City should support organizations that provide a public benefit.
■ Would like the Juanenos Indians to give the City the same considerations
when the City needs services for Native American monitoring.
■ Support the use in order to provide educational benefit to the public.
■ Mission Flats residents need be notified of any License Agreement for any
future meetings.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Freese, and carried unanimously to approve a License Agreement with. the
Juaneno Band of Mission Indians for use of portion of Lacouague Building for
administrative purposes at $992.00 per month.
G2 PUBLIC WORKS DIRECTOR
a. INFORMATION ON FINAL CALTRANS ENVIRONMENTAL IMPACT REPORT
FOR THE WIDENING OF ORTEGA HIGHWAY, RECEIVED AND FILED
(800.20)
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded to questions.
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Public Comment:
■ Joan Irvine Smith, City resident, spoke in support of the City filing a lawsuit,
and distributed a letter to the City Council.
■ Richard Gardner, Capistrano Beach resident, spoke concerned with
discarding the 2002 study.
■ Jan Siegel, City resident, spoke in favor of the City filing a lawsuit against
Caltrans.
Council Comment:
■ Support filing lawsuit because of issues with Environmental Impact Report
(EIR) that have not been addressed.
■ Support four (4) lanes because of safety issues, but need to take proper
mitigations at the City's satisfaction in order to retain the rural atmosphere of
the scenic road.
■ Need additional signal at Cordova.
■ Not in favor of San Juan Creek Road going through.
City has no choice but to file a lawsuit in order to have Caltrans listen to the
City's needs.
G3 UTILITIES DIRECTOR
a. SHUT DOWN REPORT OF THE METROPOLITAN WATER DISTRICT'S
DIEMER PLANT SCHEDULED FOR JANUARY 25 TO JANUARY 31, 2010 AND
FEBRUARY 7 TO FEBRUARY 14, 2010, RECEIVED AND FILED (1050.80)
West Curry, Assistant Utilities Director, provided a staff report and responded to
questions.
Public Comment:
■ Clint Worthington, City resident, expressed concerns that the City's
Groundwater Recovery Plant is not usable for emergency cases.
■ Dave Solt, City resident, felt the City should use their telephone alert system
to communicate to residents to conserve water.
Council Comment:
■ Important for residents and Homeowners Associations to be informed in order
to conserve water.
G4. CITY MANAGER
a. STATUS REPORT ON CITY HALL RELOCATION SITE, RECEIVED AND FILED
(200.30)
Douglas D. Dumhart, Economic Development Manager, provided a staff report, a
slide presentation and responded to questions. Cindy Russell, Assistant City
Manager, responded to questions.
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Public Comments:
■ Scott Barnard, Pacific Western Bank, gave information on the property and
responded to questions from the City Councils
■ Dave Kenny, City resident, stated that the City needs to look at all options
and costs, felt that the building will work for the City's needs.
Council Comment:
Concerns with the location as a longer term benefit, but worth looking into.
■ Concerns with force fitting; standing water; preference in looking for a more
permanent location without a basement.
■ Preference in looking at more data from space planners.
■ Concerns with building being on a landslide area.
■ Preference in building behind the current City Hall.
■ Preference in not separating the Sherriff's Department, Public Works
Department or the Utilities Department.
Need to address serious issues at the current City Hall.
■ Need to reach for the right financial deal and make sure that the building is
safe.
ORDINANCES:
1. ORDINANCE NO. 964 — REZONE 09-02 (RANCHO MISSION VIEJO),
APPROVED
Maria Morris, City Clerk, provided an agenda report and read the title of the
Ordinance.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously to adopt Ordinance No. 964 entitled,
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING REZONE (R) 09-02 TO AMEND
THE OFFICIAL. ZONING MAP BY ESTABLISHING THREE (3) ZONE
DISTRICTS IN FOUR (4) PLANNING AREAS TO INCLUDE GENERAL OPEN
SPACE (GOS), OPEN SPACE RECREATION (OSR), AND NATURAL OPEN
SPACE (NOS) AS IDENTIFIED ON THE ATTACHED LOCATION
MAP (EXHIBIT A) FOR THE 132 -ACRE ANNEXATION AREA FROM
UNINCORPORATED COUNTY OF ORANGE (APN'S 125-172-07 &
125-172-17)."
2. ORDINANCE NO. 965 — ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 2
PERTAINING TO THE CITY CLERK'S OFFICE (660.20)
Maria Morris, City Clerk, provided an agenda report and read the title of the
Ordinance
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Council Action: Moved by Mayor pro tem Freese, seconded by Council Member
Hribar, and carried unanimously to adopt Ordinance No. 965 entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 2
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO THE
CITY CLERK'S OFFICE."
COLINCILMANIC ITEMS:
1. APPOINTMENTS OF CITY COUNCIL REPRESENTATIVE TO OUTSIDE
AGENCIES AND SUBCOMMITTEES (610.60)
Maria Morris, City Clerk, summarized the agenda report.
Moved by Mayor Uso for City Council Members to continue serving the outside
agencies that they currently represent, but the motion failed for lack of a second.
California Joint Powers Insurance Authority
Moved by Council Member Hribar, seconded by
carried unanimously, 5-0, to make the following
Joint Powers Insurance Authority:
Sam Allevato, Member
Laura Freese, Alternate Member
Council Member Nielsen, and
appointments to the California
League of Cities — Orange County Division
Moved by Council Member Hribar, seconded by
carried unanimously, 5-0, to make the following
County League of Cities:
Laura Freese, Member
Sam Allevato, Alternate Member
Council Member Nielsen and
appointments to the Orange
Orange County Fire Authority, (OCFA)
Moved by Council Mayor pro tem Freese, seconded by Council Member Allevato,
and carried 3-2 with Council Member Hribar and Mayor Uso opposed to make
the following appointments to the Orange County Fire Authority (OCFA):
Mark Nielsen, Member
Sam Allevato, Alternate Member
Orange County Library Advisory_Board
Moved by Council Member Nielsen, seconded by Council Member Hribar, and
carried unanimously, 5-0, to make the
County Library Advisory Board:
Laura Freese, Member
Sam Allevato, Alternate Member
following appointments to the Orange
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Oran e County Transportation Authority -- Inter -Jurisdictional Growth
Management Areas 9 & 11 (OCTA)
Moved by Council Member Nielsen, seconded by Council Member Hribar, and
carried unanimously, 5-0, to make the following appointments to the Orange
County Transportation Authority -- Inter -Jurisdictional Growth Management Areas
9 & 11 (OCTA):
Mark Nielsen, Member
Laura Freese, Alternate Member
Orange County Vector Control Board — No Action Required
Laura Freese, 2 year term, ending December 31, 2010
Sara Juan Basin Authority
Moved by Council Member Nielsen, seconded by Council Member Hribar, and
carried unanimously, 5-0, to make the following appointments to the San Juan
Basin Authority:
Laura Freese, Member
Joe Tait, Alternate Member
South Orange Count Wastewater Authority Joint Powers Authority SOCWA
Moved by Council Member Hribar, seconded by Mayor pro tem Freese, and
carried unanimously, 5-0, to make the following appointments to the South
Orange County Wastewater Authority Joint Powers Authority (SOCINA):
Raymond Miller, Member
Tom Hribar, Alternate Member
Transoortafion Corridors Aaencies (Foothill/Eastern & San Joaquin Hills
Moved by Council Member Nielsen, seconded by Council Member Hribar, and
carried unanimously, 5-0, to make the following appointments to the
Transportation Corridors Agencies (Foothill/Eastern & San Joaquin Hills):
Foothill/Eastern (241 Toll Road) San Joaquin Hills 73 Toll Road
Sam Allevato, Member Mark Nielsen, Member
Mark Nielsen, Alternate Sam Allevato, Alternate
Desalinization Proiect Participate Committee
Moved by Council Member Nielsen, seconded by Council Member Hribar, and
carried unanimously, 5-0, to make the following appointments to the
Desalinization Project Participation Committee:
Tom Hribar, Member
Laura Freese, Alternate Member
Open Space Committee
Moved by Council Member Nielsen, seconded by Council Member Hribar, and
carried unanimously, 5-0, to make the following appointments to the Open Space
Committee:
Mark Nielsen, Chairman
Tom Hribar, Vice Chairman
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Committee For Sustai_nabili
Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and
carried unanimously, 5-0, to make the following appointments to the Committee
for Sustainability (Formerly the Water Quality & Watershed Management
Committee):
Tom Hribar, Member
Laura Freese, Member
2. DISCUSSION ON SOLUTIONS TO EFFICIENTLY REDUCE THE LENGTH OF
CITY COUNCIL MEETINGS (610.30)
Council Consensus:
Limiting City Council Comments and Oral Reports to Comments Regarding
Outside Agencies only.
No verbal staff report required by staff unless asked by the City Council.
■ City Council to be timed under the comment period for five (5) minutes.
Council Member Allevato brought up concerns regarding security issues.
ADJOURNMENT:
The bei no further business, Mayor Uso adjourned the meeting at 1:00 a.m. to
Tu e d nuary 5, 2010 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public
Bun ri S ssion
CITE' 4ERK
Approved:
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