08-1118_CC_Minutes_Regular MeetingMINUTES
NOVEMBER 18, 2008
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
Mayor Soto called the Regular Meeting 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: Tom Hribar, Dr. Londres Uso, Mayor pro tem Mark
Nielsen, and Mayor Soto.
COUNCIL MEMBERS ABSENT: Sam Allevato (excused)
PUBLIC COMMENT CLOSED SESSION:
No public comment was provided and the Council moved to the Closed Session
meeting.
CLOSED SESSION:
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.
b. PURSUANT TO GOVERNMENT CODE SECTION 54958.9(C), THE CITY
COUNCIL CONFERRED WITH LEGAL COUNSEL PERTAINING TO THE
INITIATION OF LITIGATION AGAINST PLAZA DE PROSPERIDAD, A
CALIFORNIA LIMITED PARTNERSHIP, FOR THE ACQUISITION OF PORTION
OF 31877 DEL OBISPO STREET FOR THE WIDENING OF DEL OBISPO, CIP
111.
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. Mayor pro tem Nielsen
led the Pledge of Allegiance; and Council Member Hribar gave the invocation.
Mayor Soto dedicated the meeting to the late Dr. Joe Cortese, longtime resident,
veterinarian, and community volunteer and leader, eulogizing his extensive
contributions and extending condolences to Dr. Cortese's wife and family. Council
Member Uso proposed dedication of a future dog park to Dr. Cortese.
11-18-2008
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mayor pro tem Mark
Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: Sam Allevato (excused)
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
ANNOUNCEMENTS OF CLOSED SESSION ACTIONS:
Omar Sandoval, City Attorney, announced that no reportable actions were taken during
closed session; and that Council Member Hribar recused himself and did not participate
in discussion of the closed session regarding CIP No. 111 due to interest in the subject
property.
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Hribar reported attendance at the Veterans Day Ceremony and the
Ecology Center opening at the Congdon House. Other reports were withheld as a time
savings.
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen reported the Open Space Committee will meet on December 1,
2008 at 6:30 pm to discuss prioritizing grant proposals, open space master planning,
and land, uses.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ Letters to Santa program;
■ Camino Real Playhouse presentation of the "A Christmas Carol;"
■ Santa available for home and Holiday parties;
■ Annual Tree Lighting, Candlelight Procession to the Mission, ZOOMARS live
nativity scene and hay rides, strolling carolers, evening shopping; and Holiday
Toy Express train at the depot with Santa collecting unwrapped toys for Spark of
Love Toy Drive
■ Youth Advisory Board's "Lunch with Santa" event
INTRODUCTIONS AND PRESENTATIONS
NOVEMBER 23 THROUGH 28, 2008 PROCLAIMED "NATIONAL FAMILY
WEEK" BY MAYOR SOTO (610.40)
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2. COMMISSIONERS PRESENT AT THE MEETING (110.10)
Mayor pro tem Nielsen introduced the following individuals in attendance: Robert
Cardoza and Gene Ratcliffe, Planning Commission; Laura Freese, Housing
Advisory Committee; and' Mark A. Sanchez, Battalion Chief, Orange County Fire
Authority
ORAL COMMUNICATIONS
.loan Irvine Smith, city resident, inquired into the status of the Environmental Impact
Report (EIR) release and public response period for the Ortega Highway widening; and
suggested improved relations with the Rancho Viejo Company, Nasser Abbaszadeh,
Public Works Director, provided information as to the timing of the EIR public release.
Council Member Uso hoped to resolve any differences with the Rancho Viejo Company.
Patrick Crowley, city resident, expressed views related to election signage, election
concerns related to immigration, and city funding of CREER.
Dusty Otero, city resident, .spoke regarding signage and code enforcement for new
businesses and issues related tp the Juaneno tribe factions. Council Member Hribar
explained current sign regulations.
Steve Nelson, city resident, spoke regarding illegal immigration and the need for local
government involvement.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Nielsen,
and carried unanimously, 4-0, to approve items 1, 3, 4, 5 and 8 as recommended by
staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES APPROVED: CITY COUNCIL ADJOURNED REGULAR MEETING
OF OCTOBER 28, 2008
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Uso, and carried unanimously, 4-0, to approve the minutes of the City Council for
the Adjourned Regular Meeting of October 28, 2008
3. MINUTES APPROVED: CITY COUNCIL REGULAR MEETING OF NOVEMBER
4, 2008
4. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 5, 2008, IN THE
TOTAL AMOUNT OF $1,160,244.79; AND PAYROLL WARRANTS DATED
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OCTOBER 31, 2008, IN THE TOTAL AMOUNT OF $307,340.77, RECEIVED
AND FILED (300.30)
5. REPORT OF INVESTMENTS — MONTH ENDING SEPTEMBER 30, 2008,
RECEIVED AND FILED (350.30)
6. AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT WITH
TETRA TECH APPROVED (600.30)
Nasser Abbaszadeh, Public Works Director, responded to Council questions
related to cost increases.
Council Action: Moved by Council Member Uso, seconded by Mayor Soto and
carried unanimously, 4-0 to approve amendment No. 1 to the Personal Services
Agreement with Tetra Tech; authorize the City Manager to Sign the amendment;
and extend the term of the agreement and approve increased project design
budget in the amount of $10,050.
7. AGREEMENT WITH ORANGE COUNTY ANIMAL CARE SERVICES FOR
ANIMAL CARE SERVIES APPROVED (600.50)
Michael Cantor, Senior Management Analyst, and Omar Sandoval, City Attorney,
responded to Council questions related to the automatic renewal process, rate
changes, and contract termination.
Council Action: Moved by Council Member Hribar, seconded by Mayor Soto, and
carried unanimously, 4-0, to approve the agreement with Orange County Animal
Care Services for January 1, 2009 to June 30, 2009, in an amount not to exceed
$65,000; and authorize the Mayor to execute the agreement.
8. RESOLUTION NO. 08-11-18-01 ADOPTED: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ELECTING TO RECEIVE A SHARE OF TAX INCREMENT ALLOCATED
UNDER THE SAN JUAN CAPISTRANO REDEVELOPMENT PLAN PURSUANT
TO HEALTH AND SAFETY CODE SECTION 33607.7"(340.40)
9. REVISED CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
RAILROAD GRADE SAFETY ENHANCEMENTS APPROVED (SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY) (600.50)
Omar Sandoval, City Attorney, and Nasser Abbaszadeh, Public Works Director,
responded to Council questions related to the city's extent of liability ,and extent
of safety improvements.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously, 4-0, to approved the revised Construction and
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Maintenance Agreement for railroad grade safety enhancement and safety
measures related to Quiet Zone implementation with Southern California
Regional Rail Authority.
10. MILLS ACT CONTRACT APPROVED: FRANK A FORSTER MANSION, 27182
ORTEGA HIGHWAY, (AP1N 666-214-09) (PHILLIP CHARIS) (600.30)
Omar Sandoval, City Attorney, responded to Council questions.
Council discussion:
■ Impact of requiring compliance with local laws
■ Goal of Mills Act to 'lower taxes to allow for upkeep
Council Action: Moved by�Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously, 4-0, to approve a Mills Act contract for the
maintenance and preservation of 27182 Ortega Highway, Frank A. Forster
Mansion, APN 666-241-09, with Phillip Charis; and the Community Development
Department directed to process recording of the Mills Act Contract.
11. ASSIGNMENT AND ASSUMPTION OF THE DEVELOPMENT AGREEMENT
FOR WHISPERING HILLS ESTATES (VTM 16634) (RANCHO SAN JUAN
DEVELOPMENT, LLC) (600.30)
Omar Sandoval, City Attorney, responded to questions and noted that
correspondence was .received today from Whispering Hills, LLC and distributed
to Council on the dais.
Todd Cunningham, President of Woodbridge Homes, spoke regarding the
request for assignment of the development agreement.
Blain Peterson, Senior Vice President with IHP Capital Partners and managing
member of Whispering Hills LLC, reviewed the current partnership and proposed
partnership arrangements for the development.
Council Comments: City has fiduciary responsibility and therefore needs more
detailed information regarding ownership structure and financial stability.
Council Action: Moved by Council Member Hribar, seconded by Mayor Soto and
carried unanimously, 4-0 to continue this item until additional information can be
provided to the City Council.
PUBLIC HEARINGS: None
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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. CITY MANAGER
a. ORDINANCE AMENDING ORDINANCE NO. 883: FIRST READING AND
INTRODUCTION APPROVED (340.10)
Douglas Dumhart, Economic Development Manager, summarized the agenda
report
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously, 4-0 to approve first reading and introduction of
an ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 883 TO CLARIFY
ITS APPLICATION TO THE ENTIRE SAN JUAN CAPISTRANO CENTRAL
REDEVELOPMENT PROJECT AREA."
G2 UTILITIES DIRECTOR
a. PERSONAL SERVICES AGREEMENT WITH ENVIRON STRATEGY
CONSULTANTS, INC. APPROVED RELATED TO MTBE IN GROUNDWATER
AT THE KINOSHITA FARM {600.30}
John O'Donnell, Utilities Director, summarized the agenda report.
John McNamara, representing Environ Strategy Consultants Inc., provided a
PowerPoint presentation and responded to questions.
Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Nielsen, and
carried unanimously to approve a Personal Services Agreement with Environ
Strategy Consultants Inc. for $97,060.00 to implement the September 2008 Work
Plan for the former underground storage tanks and MtBE in the groundwater at
Kinoshita Farm; and $140,000 appropriated from the Water Reserve Fund for the
work.
11 -18 -Zoos
G3 CITY ATTORNEY
a. MEMORANDUM OF UNDERSTANDING WITH CHEVRON FOR MTBE WELL
HEAD TREATMENT SYSTEM — ITEM WITHDRAWN FROM THE AGENDA
(600.30)
ORDINANCES:
1. ORDINANCE NO. 948 ADOPTED: PERTAINING TO NUISANCE ABATEMENT
EXPENSES AND ESTABLISHING AN ADMINISTRATIVE CITATION
PROGRAM (585.10)
Meg Monahan, City Clerk, read the title of the Ordinance.
Council Action: Moved by Council Member Uso, seconded by Council Member
Nielsen, and carried unanimously to adopt Ordinance No. 948 entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 1 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO
PROVIDE FOR THE RECOVERY OF NUISANCE ABATEMENT EXPENSES
AND THE ADOPTION OF AN ADMINISTRATIVE CITATION PROGRAM."
COUNCILMANIC ITEMS:
Council Member Uso reported that he planned to meet with Jeff Parkhust, Sheldon
Cohen, and staff to gather information related to the development review process, in an
effort to streamline the process.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 7:59 p.m, to
Tu y, D ember 2, 200$ at 5:30 p.m, for Closed Session and 6:30 p.m. for the
P blic uiness Session in the City Council Chamber.
bmitted,
ONAHAW CIMCLERK
: December 2, 2008
ATTEST:
W.
MA O
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