07-0102_CC_Minutes_Regular Meeting
1-2-2007 1
MINUTES
JANUARY 2, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of Scalzo Trust v. City of San Juan
Capistrano. (Abstain: Soto)
Mayor Allevato called the Meeting of the City Council of the City of San Juan Capistrano
to order at 7:03 p.m. in the City Council Chamber. Council Member Hribar led the
Pledge of Allegiance and Mayor pro tem Soto gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Mark Nielsen, Dr. Londres Uso,
Mayor pro tem Joe Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Bill Huber, Assistant City Manager;
John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Administrative
Services Director; Nasser Abbaszadeh, Engineering & Building Director; John Elwell,
Interim Public Works Director; Karen Crocker, Community Services Director; Bill
Cunningham, Interim Planning Director; Lt. Mike Betzler, Chief of Police Services; and
Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS – None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Hribar reported attending numerous staff meetings to prepare for his
duties as a Council Member. He and Council Member Uso participated in the
Christmas Toy Run sponsored by the Peace Officers and Firefighter’s Fellowship.
Mayor pro tem Soto extended Happy New Year greetings.
Mayor Allevato reported attendance at the Rose Parade and announced the start of
Wednesday morning Meet the Mayor meetings with citizens.
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NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Nielsen announced the upcoming meeting of the committee to be held
on the first Monday in February. Discussion will include the results of a resident survey
concerning open space.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events sponsored by the Mission San Juan Capistrano, Camino Real Playhouse, and
the Chamber of Commerce.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Marie
Buckner, Housing Advisory Committee; Les Blair, Council Liaison to the San
Juan Seniors; Jan Siegel, Cultural Heritage Commission; Bob Cardoza, Planning
Commission; and Stan Wylazlowski, Executive Director of the Chamber of
Commerce.
ORAL COMMUNICATIONS
Jim Sweeney, City resident, related an incident in which Police Services did not respond
to a call concerning vandalized property; and felt there was inadequate enforcement of
illegal parking in fire zones on private property. He left his contact information with Lt.
Mike Betzler, Chief of Police Services.
Steve Nelson, City resident, requested more aggressive apprehension of known
criminals who are illegal aliens.
Larry Culbertson, City resident, requested a meeting with City officials to discuss
proposed local laws to reduce illegal immigration in the City. Dave Adams, City
Manager, indicated he would be in contact with Mr. Culbertson.
Colby Weeks, City resident, recommended installation of tennis courts on the vacant
lots at La Novia and San Juan Creek Road.
Christine Kirkland, City resident, requested posting of Council Member
e-mail addresses on the City’s website. Staff indicated they would look into providing
this information.
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CONSENT CALENDAR
Council Action: Moved by Council Member Nielsen, seconded by Council Member
Soto, and carried unanimously, 5-0, to approve items 1 and 3 as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 2006, APPROVED
AS REVISED.
This item was removed from the Consent Calendar to allow Council Members
Nielsen and Hribar and Mayor pro tem Soto to provide corrections to the minutes.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to approve the minutes of the
December 5, 2006, regular meeting, as revised.
3. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 20, 2006, IN THE
TOTAL AMOUNT OF $1,596,018.69; AND PAYROLL WARRANTS DATED
DECEMBER 15, 2006, IN THE TOTAL AMOUNT OF $355,379.89, RECEIVED
AND FILED. (300.30)
4. CASH BALANCES BY FUND – OCTOBER 31, 2006, RECEIVED AND FILED.
(330.50)
This item was removed from the Consent Calendar by Council Member Nielsen
for clarification.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Nielsen and carried unanimously, 5-0, to receive and file Cash Balances
by Fund – October 31, 2006, as submitted by staff.
5. LICENSE AGREEMENT BETWEEN MOULTON NIGUEL WATER DISTRICT
AND THE CITY OF SAN JUAN CAPISTRANO CONCERNING HIDDEN CREEK
ESTATES APPROVED WITH REVISIONS. (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
for discussion.
Description: The developer of Hidden Creek Estates, located along the northerly
section of Camino Capistrano, submitted a request to the City and Moulton
Niguel Water District (MNWD) to accommodate the anticipated water output of its
proposed development. The License Agreement and improvement plans have
been reviewed by all pertinent parties and found to be in compliance with all
applicable standards. Staff recommended approval of the License Agreement.
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Written Communications: Report dated January 2, 2007, by Sam Shoucair,
Senior Engineer.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report.
Council Member Nielsen ascertained that the proposed Agreement benefits the
developer in that it saves the costs the developer would bear of constructing and
maintaining an independent sewer pump station system. He noted the License
Agreement stipulates that the City provide indemnity from liability for MNWD and
suggested, in return for the benefits the Agreement provides, the developer be
required to provide the same indemnity from liability for the City.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried unanimously, 5-0, to approve the License Agreement
for sewer connection between licensor, Moulton Niguel Water District (MNWD),
and the licensee, the City of San Juan Capistrano, with the stipulation that the
City will pursue indemnification from the developer of Hidden Creek Estates for
claims, costs, liabilities, or damages as described in Section 7: Indemnity of the
License Agreement; authorize the Mayor and City Clerk to execute the License
Agreement; and authorize the City Clerk to forward the License Agreement to the
Orange County Recorder.
6. CONSIDERATION OF A RESOLUTION DENYING AMENDMENTS TO ALLOW
A SIGN PROGRAM FOR THE MAMMOTH PROFESSIONAL BUILDINGS
CONTINUED TO FEBRUARY 6, 2007. (APN 650-011-32) (MAMMOTH
EQUITIES) (410.60)
This item was removed from the Consent Calendar to allow for public comment.
Mayor pro tem Soto recused himself from considering this item due to its close
proximity to his home, left chambers, and returned after action was taken.
Public Comment:
Bob King, City resident, requested a continuance on this item as he felt the
proposed resolution did not fully address the denial of the proposed signage
program. Staff agreed to meet with Mr. King to address his concerns.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried 4-0-1, with Mayor pro tem Soto abstaining to continue
for 30 days (1) an amendment to the Comprehensive Development Plan to allow
sign programs for projects in the CDP area; (2) a sign program for the Mammoth
Professional Buildings; and (3) two free-standing monuments signs for the
entrance to Mammoth Professional Buildings.
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ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Soto
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:43 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:44 p.m.
ADMINISTRATIVE ITEMS
1. COMMUNITY SERVICES DIRECTOR
a. PERSONAL SERVICES AGREEMENT WITH RESEARCH NETWORK LTD.
FOR A PARKS AND RECREATION NEEDS ASSESSMENT APPROVED. CITY
COUNCIL PRIORITY NO. 2A (600.30)
Description: As part of the City Council Priority List for this year, Council
identified a Parks and Recreation Needs Assessment as Priority No. 2A. Two
firms were requested to submit proposals and staff and a subcommittee,
consisting of Brad Gates, Mark Nielsen, Colleen Edwards and Larry Kaplan, met
with the consultants to review the proposals and make a recommendation. Staff
recommended Council approve the Consultant Services Agreement with
Research Network Ltd. for a Parks and Recreation Needs Assessment, in the
amount of $75,000.
Written Communications: Report dated January 2, 2007, by Karen Crocker,
Community Services Director.
Presentations:
Karen Crocker, Community Services Director, summarized the staff report. She
noted the Parks and Recreation Commission unanimously supported the
proposal.
Pam Woldridge, representing Research Network Ltd., described the survey’s
telephone number selection process; Spanish interpretation procedures; and
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workshop goals and timelines. She agreed to expedite the process as much as
possible.
Public Comment:
Mike Johnson, City resident, felt the research could be completed by staff to save
money; and cautioned the phone survey should be brief to encourage
participation.
Council Comment:
Council Members concurred the assessment was essential in order to ensure
public participation in the process; spending a small amount of money at this
point was necessary to ensure the large amounts to be spent on recreation
improvements reflected the desires of the community; and directed staff to well
publicize the workshops to encourage the greatest participation possible.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 5-0, to approve the Consultant Services
Agreement with Research Network Ltd., for a Parks and Recreation Needs
Assessment, in the amount of $75,000.
ORDINANCES - None
COUNCILMANIC ITEMS - None
COUNCIL COMMENTS
Council Member Nielsen requested staff review and make recommendations to Council
for a policy to increase notification of significant projects to anyone practically impacted.
Council concurred.
Council Member Hribar requested consideration of reinstating a Capital Improvement
Project that would provide an eastbound traffic lane connecting Del Obispo Street to the
Southbound I-5 ramp at the Ortega Highway and I-5 interchange. Nasser Abbaszadeh,
Engineering & Building Director, reported the Capital Improvement Project had been put
on hold because of pending improvements to the freeway interchange. Council
concurred that staff should provide a report so Council may revisit the project status.
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ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 8:12 p.m. to
Tuesday, January 16, 2007, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the
Public Business Session, in the City Council Chamber.
Respectfully submitted,
__________________________________
MARGARET R. MONAHAN, CITY CLERK
Approved: February 6, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR