08-1021_CC_Minutes_Regular MeetingMINUTES
OCTOBER 21, 2008.
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR.MEETING
CLOSED SESSION
Mayor Soto called the Closed Session of the City Council of the City of San Juan
Capistrano to order at 5:30 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor
pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT. None
PUBLIC COMMENT — CLOSED SESSION ITEMS:
Mayor Soto invited the public to provide comment. There was no public comment and
the meeting was moved to Closed Session chambers.
CLOSED SESSION 610.85
A Closed Session was held for the following purposes, as authorized by statute:
a. PURSUANT TO GOVERNMENT CODE SECTION 54958.9(C), THE CITY
COUNCIL CONFERRED WITH LEGAL COUNSEL PERTAINING TO THE
POTENTIAL INITIATION OF LITIGATION INVOLVING FOUR CASES.
RECESS UNTIL 6:30 P.M.
BUSINESS SESSION
Mayor Soto called the Regular Meeting of the City Council of the City of San Juan
Capistrano to order at 6:30 p.m. in the City Council Chamber. Boy Scout Troop #12 led
the Pledge of Allegiance and Scout Chris Bixby gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor
pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
1 10-21-2008
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 Attorney,
announced that no reportable actions were taken during closed session.
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso, Mayor pro tem Nielsen and Mayor Soto reported attending
numerous meetings.
Council Member Allevato reported attending the Los Rios Park Groundbreaking
Ceremony and Vintage event and noted improvements to the Belford Terrace trail; and
that member of the Parks, Recreation and Equestrian Commission attended a San
Clemente Council meeting to encourage connection of the Las Rambles trail.
Council Member Hribar reported attending the Los Rios Park Groundbreaking
Ceremony and his campaign efforts related to Measure Y.
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen announced the next meeting of the Open Space Committee will
be November 3, 2008 where discussions will be held pertaining to grant funding
opportunities.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
• Coffee Talk — Capistrano Dispatch
• Movie Night _- Mission San Juan Capistrano
• Ghosts and Legends Tours -- San Juan Capistrano Historical Society
• Dia de los Muertos (Day of the Dead) -- San Juan Capistrano Library
• Haunted Halloween Mystery Dinner -- El Adobe
• Flu Shot Clinic
Early Voting at City Hall
INTRODUCTIONS AND PRESENTATIONS
1. MAYOR'S AWARD FOR BUSINESS LEADER OF THE YEAR PRESENTED TO
JIM CURWOOD, OWNER OF BUY MY BIKES (010.40)
Mayor Soto recognized Jim Curwood, owner of Buy My Bikes for his
contributions to the City and business community and presented him with the
Mayor's Award for Business Leader of the Year.
2 10-21-2008
2. PRESENTATION TO LT. MICHAEL BETZLER AND INTRODUCTION OF NEW
CHIEF OF POLICE SERVICES — LT. DAN DWYER (610.40)
Mayor Soto, Brad Gates, Retired Orange County Sheriff, and Dave Adams, City
Manager recognized Lt. Michael Betzler for his outstanding service to the
community as Chief of Police; and welcomed Lt. Dan Dwyer as the new Chief of
Police.
3. ROTARY CLUB OF SAN JUAN CAPISTRANO PRESENTED PROCEEDS
FROM THE RIDGEWALK TO THE CITY (610.40)
Larry Kramer, representing the Rotary Club of San Juan Capistrano presented
the City with $1,350 representing the proceeds from the first city °Ridgewalk" to
be used for trail maintenance. He recognized staff members who were
instrumental in the event.
4. NICOLA COLANTINO, COUNCIL MEMBER OF CITY CAPESTRANO, ITALY,
SISTER CITY TO SAN JUAN CAPISTRANO, WAS INTRODUCED BY VICKY
CARABINI, THE CITY'S AMBASSADOR TO OUR SISTER CITY (530.25)
5. COMMISSIONERS PRESENT AT MEETING INTRODUCED (110,10)
Mayor pro tem Nielsen introduced the following individuals in attendance: Ron
Denman and Gail Zukow, Parks, Recreation and Equestrian Commission, and
Larry Kramer, Transportation Commission.
ORAL COMMUNICATIONS
Joan Irvine Smith, city resident, spoke regarding the Toll Road Agency funding;
opposition to widening Ortega Highway; gift to the city of oak and sycamore trees.
Steven Nelson, Tony Brown, Patrick Crowley, Art Guevara, city residents, spoke
regarding illegal immigration, impact on property values, and need to prevent arrested
illegal aliens from residing in the city, .
Teri Garza, Librarian, San Juan Capistrano Public Library, announced the Day of the
Dead event.
Cheryl Burns, city resident, informed the Council of a council candidate rally advertised
in an inappropriate place.
Dusty Otero, city resident, spoke regarding littering related to smoking.
3 10-21-2008
CONSENT CALENDAR
Council Action:Moved by Council Member Uso, seconded by Mayor pro tem Nielsen,
and carried unanimously, 5-0, to approve items 1, 2 3 4 9, 10, 11, 12, and 15 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES APPROVED: CITY COUNCIL REGULAR MEETING OF OCTOBER 7,
2008
3. VACANCIES DECLARED: ALL POSITIONS DECLARED VACANT AS OF
JANUARY 31, 2009 ON THE CULTURAL HERITAGE COMMISSION, PARKS,
RECREATION AND EQUESTRIAN COMMISSION, PLANNING COMMISSION,
TRANSPORTATION COMMISSION, UTILITIES COMMISSION, DESIGN
REVIEW COMMITTEE, AND HOUSING ADVISORY COMMITTEE; AND THE
CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES
TO SOLICIT APPLICATIONS (110.20)
4. ORTEGA BUSINESS PARK: FINAL PARCEL MAP NO. 2006-133 APPROVED
AS CONFORMING TO THE REQUIREMENTS SET FORTH IN THE
SUBDIVISION MAP ACT AND CONDITIONS OF APPROVAL FOR TENTATIVE
PARCEL MAP 2006-133; THE CITY ENGINEER AND CITY CLERK
AUTHORIZED TO EXECUTE THE MAP; AND THE CITY CLERK DIRECTED
TO FORWARD THE MAP TO THE COUNTY RECORDER (ORTEGA RANCH
LLC.) (420.70)
5. RESOLUTION NO, 08-10-21-01: OPPOSING PROPOSED WIDENING --
ORTEGA HIGHWAY (ORANGE COUNTY TRANSPORTATION AUTHORITY)
(800.40)
Nasser Abbaszadeh, Public Works Director, provided a staff report.
Council Comments:
• Support for widening by surrounding cities
Possibility of working directly with the state
• Historic nature of the Ortega Highway
• Staff needs to involve the Board of Supervisors in the opposition
• Impact on historic structures and other residences
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Nielsen, and carried unanimously to adopt Resolution No. 08-10-21-01 entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IN OPPOSITION TO THE PROPOSED
WIDENING TO SIX LANES OF TRAFFIC ON ORTEGA HIGHWAY IN THE
4 10-21-2008
SOUTH ORANGE COUNTY MAJOR ...INVESTMENT STUDY BY ORANGE
COUNTY TRANSPORTATION AUTHORITY."
6. CONSIDERATION OF QUITCLAIM OF AN EASEMENT FOR EQUESTRIAN
TRAIL PURPOSES WITHIN LOT 99, TRACT 6305, HUNT CLUB ESTATES
(APN 650-381-03) (30501 GOLDEN RIDGE LANE) (MERKLE) — ITEM
WITHDRAWN (670.50)
This item was withdrawn from the agenda by staff.
7. RESOLUTION NO. 08-10-21-02: COMPLETION OF WORK FOR
CONSTRUCTION OF IMPROVEMENTS WITHIN TRACT 16221, RANCHO
MADRINA (WILLIAM LYON HOMES, INC.) (600.30)
Council Member Allevato abstained from this item due to the proximity of his
residence.
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded
Council Comments:
• Possibility of future developers to pay the actual cost for off-site
improvements rather than paying a fair share payment
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Uso, and carried unanimously to adopt Resolution No. 08-10-21-02 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN
ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 16221,
RANCHO MADRINA (WILLIAM LYON HOMES, INC.);" release of the bonds
authorized 35 days after recording of the notice of completion; and the city clerk
directed to process recording of the notice of completion.
ROLL CALL
Aye: Council Members: Hribar, Uso, Nielsen, and Mayor Soto
No: Council Members: None
Abstain: Council Member: Allevato
A majority of Council Members. concurred that staff may loop to appropriate
methods to collect from future developers the actual cost to the city for
installation of off-site improvements in lieu of using the fair -share method of
estimating future casts.
5 10-21-2008
8. ROGER Y WILLIAMS/SWANNER HOUSE PROPERTY: CITY MANAGER
AUTHORIZED TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH A
RENTAL PROPERTY MANAGER TO INCLUDE REGULAR PROPERTY
INSPECTIONS (600.30)
Teri Delcamp, Historic Preservation Manager, provided a staff report.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously to authorize the City Manager to negotiate and
execute an agreement with a rental property manager to lease the Roger Y.
Williams/Swanner House property at 29991 Camino Capistrano to a residential
tenant on an annual basis with the lease agreement requiring regular inspections
of the property at least quarterly.
9. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 9, 2008, IN THE
TOTAL AMOUNT OF $988,064.81; AND PAYROLL WARRANTS DATED
SEPTEMBER 5, 2008, IN THE TOTAL AMOUNT OF $313,721.61, RECEIVED
AND FILED (300.30)
10. ADDENDUM OF OCTOBER 21, 2008 TO THE ADVANCED UTILITY SYSTEMS
SOFTWARE LICENSE AND IMPLEMENTATION AGREEMENT FOR THE
PROVISION OF ONLINE UTILITIES SELF SERVICE INFORMATION AND BILL
PAYMENT APPROVED; THE CITY MANAGER AUTHORIZED TO EXECUTE
THE ADDENDUM IN AN AMOUNT NOT TO EXCEED $40,000 FOR THE FIRST
YEAR, AND TO EXECUTE ANNUAL MAINTENANCE AGREEMENTS IN THE
AMOUNT OF $10,000— CITY COUNCIL PRIORITY NO, 25C (600.30)
11. RESOLUTION NO. 08-10-21-03 ADOPTED ENTITLED, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING THE WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR THE EMERGENCY SEWER TRUNK LINE
REPLACEMENT PROJECT;" CONTRACT CHANGE. ORDERS IN THE TOTAL
AMOUNT OF $98,471.06 ACCEPTED; CITY CLERK DIRECTED TO PROCESS
RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED
TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $43,273.50, 35
DAYS AFTER RECORDATION (BOUDREAU PIPELINE CORPORATION)(CIP
NO. 728, CIP NO. 716)(600.30)
12, DAVE DAVIDSON CLAIM: DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
13. BLAS AGUILAR ADOBE, PHASE C AND ROOF IMPROVEMENTS PROJECT
AGREEMENT WITH IS ARCHITECTURE APPROVED (600.30)
6 10-21-2008
Teri Delcamp, Historic Preservation Manager, and Steven. Apple, Community
Development Director, responded to Council questions.
Council Discussion:
• Costs seem high
• Scope of work needs to address only necessary work
• Consider charging admission to programs housed in historic structures to
off -set cost of maintenance
Council Action. Moved by Mayor Soto, seconded by Council Member Uso, and
carried unanimously to approve a Personal Services Agreement in an amount
not to exceed $60,870 with IS Architecture for the preparation of updated
restoration recommendations and rehabilitation plans for the Blas Aguilar Adobe
Phase C and roof improvements project; and the Mayor authorized to execute
the agreement.
14. MONTANEZ ADOBE STRUCTURAL IMPROVEMENTS PROJECT
AGREEMENT APPROVED WITH IS ARCHITECTURE (600.30)
Teri Delcamp, Historic Preservation Manager, and Steven Apple, Community
Development Director, responded to Council questions.
Council Discussion:
• Costs seem high
+ Scope of work needs to address only necessary work
+ Consider charging admission to programs Doused in historic structures to
off -set cost of maintenance
Council Action: Moved by Mayor Soto, seconded by Council Member Uso, and
carried unanimously to approve a Personal Services Agreement in an amount
not to exceed $44,530.00 with IS Architecture for the preparation of rehabilitation
plans for the Montanez Adobe structural improvements project, and the Mayor
authorized to execute the agreement.
15. COOKS RESERVOIR REPLACEMENT PROJECT: CHANGE ORDER NO. 3
APPROVED IN THE AMOUNT OF $21,775,02; RESOLUTION NO. 08-10-21-04
ADOPTED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE COOKS RESERVOIR
REPLACEMENT PROJECT (CIP NO. 769)(PACIFIC HYDROTECH
CORPORATION, INC.);" THE CITY CLERK DIRECTED TO PROCESS
RECORDING OF THE NOTICE; AND STAFF AUTHORIZED TO RELEASE THE
RETENTION 1N THE AMOUNT OF $314,075, 35 DAYS AFTER RECORDATION
(600.30)
7 10-21-2008
PUBLIC HEARINGS: None
RECESS AND RECONVENE
Council recessed to convene the San Juan Capistrano Community Redevelopment
Agency meeting and reconvened following the agency's business.
ADMINISTRATIVE ITEMS:
G1. PUBLIC WORKS DIRECTOR
a. ORDINANCE RELATED TO REQUIRING SOLAR HEATING FOR SWIMMING
POOLS INTRODUCED AS AMENDED (1020.10)
Ziad Mazboudi, Senior Civil Engineer provided a summary of the agenda report.
Public Comment:
• Roy Heine, city resident and businessman in the solar heating industry,
provided information as to cost, specifications, and other matters related
to solar heating for swimming pools.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Comment
• Concern that if replacement of existing heating systems is included, that
will encourage non -permitted installations
• Over time education and cost savings will increase solar use
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Nielsen, and carried unanimously to approve first reading and introduction of an
ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING SECTION 8-6.03 TO CHAPTER 6 OF
TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING
TO SOLAR HEATING FOR SWIMMING POOLS," adding section 8-6.03 to
chapter 6 of title 8 of the San Juan Capistrano Municipal Code pertaining to solar
heating for swimming pools revised to include Section 8-6.03(c) .... not plumbed
or otherwise connected to a swimming pool or to swimming pools with existin
conventional gas heaters."
G2. ADMINISTRATIVE SERVICES DIRECTOR
a. SHOPPING CART RETRIEVAL AND LAND USE APPEAL FEES: REPORT
RECEIVED AND FILE (586.10)
8 10-21-2008
Steve Montano, Assistant Administrative Services Director, provided a summary
of the agenda report.
Council Discussion:
• Appeals should be available to neighbors at a low cost so affected
neighbors have the ability to appeal projects.
• Applicants have a greater ability to pay appeal fees and a strong financial
interest project approval.
• Blight impact on community from abandoned shopping carts
• State law greatly restricts regulation by the city
• Staff can pursue payments from stores including identification of potential
consequences
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Uso, and carried unanimously to receive and file the report by staff.
G3. COMMUNITY DEVELOPMENT DIRECTOR
a. RESOLUTION NO. 08-10-21-05 ADOPTED INITIATING GENERAL PLAN
AMENDMENT (GPA) (APN 650-151-16)(31551 AVENIDA LOS
CERRITOS)(LOS CERRITOS LLC) (440.20)
Justin Kirk, Assistant Planner, provided a summary of the agenda report.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously adopt Resolution No. 08-10-21-05 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT
(GPA) STUDY PROCESS WITH RESPECT TO THE 15,342 SQUARE FOOT
PARCEL LOCATED AT 31551 AVENIDA LOS CERRITOS (APN 650-151-
16)(OWNER: LOS CERRITOS LLC)."
b. URGENCY ORDINANCE NO. 944 ADOPTED: TEMPORARY EXTENSION OF
TIME LIMITS ON PROMOTIONAL SIGNS, AS AMENDED (410.40)
Steven Apple, Community Development Director, provided a summary of the
agenda report.
Council Discussion,-
Potential
iscussion:Potential blight with 120 day extension
• Need to add tent sales
• Inflatable attractions are not allowed under this ordinance
Meg Monahan, City Clerk, read the title of the ordinance.
9 10-21-2008
Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto, and
carried 4-1.0 to adopt Urgency Ordinance No. 944 entitled, "AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A TEMPORARY EXTENSION OF
THE MAXIMUM TIME BUSINESS PROMOTIONAL SIGNS MAY BE
DISPLAYED" Section 1. amended to read, "....time periods' established by
Section 9-3.543 and 9-3.547 ..."
ROLL CALL
Aye:
No:
Abstain:
ORDINANCES:
Council Members:
Council Members:
Council Member:
Allevato, Uso, Nielsen, and Mayor Soto
Hribar
None
1. ORDINANCE NO. 945 ADOPTED: AMENDING THE OFFICIAL ZONING MAP
FROM MULTIPLE FAMILY (RM) TO PLANNED RESIDENTIAL DEVELOPMENT
DISTRICT (PRD) FOR CERTAIN COMMUNITIES (RZ 08-006) (460.20)
Meg Monahan, City Clerk, read the title of the Ordinance.
Council Action: Moved by Council Member Uso, seconded by Council Member
Allevato, and carried unanimously to adopt Ordinance No. 945 entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP TO
CHANGE THE ZONING OF THE IDENTIFIED COMMUNITIES FROM THE
MULTIPLE FAMILY (RM) DESIGNATION TO THE PLANNED RESIDENTIAL
DEVELOPMENT DISTRICT (PRD) (REZONE 08-006)."
2, ORDINANCE NO. 946 ADOPTED: REORGANIZING THE WATER ADVISORY
COMMISSION INTO THE UTILITIES COMMISSION (110..201700.50)
Meg Monahan, City Clerk, read the title of the Ordinance.
Council Action: Moved by Council Member Uso, seconded by Council
Member Allevato, and carried unanimously to adopt Ordinance No. 946 entitled,
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING ARTICLE 12 OF CHAPTER 2 OF TITLE 2 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE REORGANIZING THE WATER ADVISORY
COMMISSION INTO THE UTILITIES COMMISSION."
COUNCILMANIC ITEMS: None
10
10-21-2008
0 •
There being no further business, Mayor Soto adjourned the meeting at 9.50 p.m. to
Tuesday, October 28, 2008 at 5.00 p.m. in the City Council Chamber.
Respectfully sub ittg'd
ET R. MONAHAN, CITY CLERK
November 4, 2008
n
JOE SOJO, O, MAYOR
11 10-21-2008