09-0120_CC_Minutes_Regular & Special MeetingMINUTES
January 20, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL & REGULAR MEETINGS
CLOSED SESSION:
Mayor Nielsen called the Special Meeting of the City Council to order at 5:04 p.m. in the
City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Laura Freese, Mayor pro tem Dr.
Londres Uso and Mayor Nielsen
COUNCIL MEMBERS ABSENT: Sam Allevato (arrived at 5:08 p.m.)
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 the potential initiation of litigation involving three
cases.
b. Pursuant to Government Code section 54956.8, the City Council met with its
Real Property Negotiator (City Manager) concerning the terms for the purchase,
sale, exchange or lease of certain real property, Assessor's Parcels Nos. 637-
083-15, 637-082-16, 637-082-17, 637-082-71, 637-082-64, 637-082-65, 637-
082-66, 637-082-67 and 637-082-68 located generally at the northwest
boundaries of the City. The property owner is Crystal Cathedral Ministries.
BUSINESS SESSION
Mayor Nielsen called the Regular Meeting of the City Council of the City of San Juan
Capistrano to at 6:38 p.m. in the City Council Chamber. Council Member Hribar led the
Pledge of Allegiance and Council Member Allevato gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese, Mayor pro
tem Dr. Londres Uso and Mayor Nielsen
COUNCIL MEMBERSIDIRECTORS ABSENT: None
01-20-2009
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 Nielsen reported that the City Council and Community Redevelopment Agency
Board of Directors unanimously approved an option and purchase and sale agreement
between Continuing Life Communities Management, LLC, the City of San Juan
Capistrano, and the San Juan Capistrano Community Redevelopment Agency as
follows:
1. Continuing Life Communities Management, LLC is in escrow with Crystal
Cathedral Ministries to purchase 150 acres of the Ministries' 170 acres Crystal
Cathedral Ministries will retain 20 acres currently developed as a retreat center
and chapel.
2. Continuing Life Communities Management, LLC has executed an Option
Agreement with the City and Redevelopment Agency that grants the City and
the Redevelopment Agency the option to purchase 116+/- acres of open space.
The City and Redevelopment Agency will be opening escrow on the option
agreement in the next few days.
3. Continuing Life Communities Management, LLC will be submitting a
comprehensive development plan to develop a continuing care retirement
community on 34 +/- acres.
4. The option agreement grants the City and Redevelopment Agency the right to
purchase the 116 +/- acres for $10 million (approximately $86,000 per acre).
5. Upon purchase of the property the City will acquire the water rights in fee on the
property (one well and portions of two other wells).
6. Prior to the initial exercise date the parties shall have executed the following
agreements:
a. Joint access agreement
b. Joint parking agreement
C. Water agreement
d. Comprehensive development plan
7. The City and Redevelopment Agency will purchase the property through the use
of redevelopment or other financing mechanisms available to the City and
Redevelopment Agency.
8. The option agreement provides the City and Redevelopment Agency with the
opportunity to use the property as open space, agricultural, organized
recreational sports and as currently zoned.
9. Oso Creek will be retained in a natural state.
10. The City and Redevelopment Agency will have the option to execute the
purchase and sale agreement on the property for a period of four to five years.
CITY COUNCIL COMMENTS & ORAL REPORTS:
■ City's strategic planning process — subcommittee met with stakeholders in
development of mission and vision statement
■ Interviews for commission appointments are proceeding
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■ South Orange County Wastewater Authority (SOCWA) has stable finances.
■ The Orange County Library Board would like to participate in the City's library
renovation.
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen reported recent action by the committee to recommend to the
City Council a plan for investment of $2.5 million for improvements to the Northwest
Open Space, around the Swanner House, including citrus grove renovation, add picnic
area, dog park, expand community gardens by 10 acres, among others.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ Coffee Talk at Metro Java
■ Capistrano CARE Animal Rescue Effort Car Show
■ State of the City Address by Mayor Mark Nielsen
■ Taste of San Juan by the Fiesta Association
INTRODUCTIONS AND PRESENTATIONS
1. ST. MARGARET'S EPISCOPAL SCHOOL — TARTANS VARSITY FOOTBALL
TEAM RECOGNIZED FOR THEIR THIRD CONSECUTIVE CIF DIVISION
CHAMPIONSHIP WIN AND FIRST CALIFORNIA SMALL SCHOOLS STATE
BOWL CHAMPIONSHIP WIN (610.40)
Mayor Nielsen recognized St. Margaret's Episcopal School Tartans Varsity
Football Team for their third consecutive CIF division championship win,
achieving the longest winning streak in Orange County history with 43-0 wins;
and winning the first California Small Schools State Bowl Championship; and
presented Headmaster Marcus Hurlbut and Head Coach Harry Welch with a
Certificate of Recognition.
2. LITTLE HOLLYWOOD TENANTS AFFORDABLE HOUSING PROGRAM
PRESENTATION (430.10)
Laura Stokes, Housing Coordinator, and Margaret McClean, Housing Consultant,
introduced the Little Hollywood program. Holly Johnson, Custodia Torres,
Melissa Winship -Smith, and Maria-Susana Mendez, program tenants, spoke
regarding the high degree of success they have achieved due to the City's
program and the involvement of Margaret McClean.
3, METHYL TERTIARY BUTYL ETHER (MTBE) TESTING AND REMEDIATION
EFFORTS BY CHEVRON — STATUS REPORT (530.25)
3 01-20-2009
John O'Donnell, Utilities Director, and Eric Bauman, Water Engineering Manager,
provided a status report pertaining to Chevron's MTBE testing and remediation
efforts and indicated that they desired more well testing.
4. COMMISSIONERS PRESENT AT THE MEETING (110.10)
Mayor pro tem Uso introduced the following individuals in attendance: Gail
Zukow and Ron Denman, Parks, Recreation and Equestrian Commission; Larry
Kramer, Transportation Commission; Robert Cardoza, Planning Commission;
and William Bonney, Housing Advisory Committee.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, inquired into the status of Ortega Widening Project;
established that she had planted her large Sycamore Trees; and David Contreras,
Senior Planner, has tagged the Oak Trees that the City will be using at various sites.
Marsha Norman, City resident, requested attention to improvement projects at the south
entry of town including the Camino Capistrano freeway exit, intersection of Valle Road
and La Novia, visual impact of Capistrano Terrace Mobile Home Park, Valle Road at
San Juan Creek Road, among others. Dave Adams, City Manager, and Nasser
Abbaszadeh, Public Works Director, provided updates on Caltrans projects and current
bond recall for Suncal project responsibilities.
Carole Ettlin, City resident, spoke regarding the noise nuisance generated from the
Forster Mansion site. Steven Apple, Community Development Director, reported that a
conditional use permit application was still incomplete and staff was pursuing
administrative citations and potentially a restraining order.
Jim Vance, City resident, spoke regarding efforts by the Capistrano Terrace tenants to
purchase the mobile home park and the need for property tax reform.
Dusty Otero, City resident, encouraged naming a dog park "Wild Goose;" commented
on crossing guard service; and noted the genealogy of members of the Juaneno Band
of Mission Indians.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso,
and carried unanimously, to approve items 1 through 5, 8, 9, 11, and 13 through 16 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
4 01-20-2009
2. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 18, 2008 IN THE
TOTAL AMOUNT OF $3,151,918.43; AND PAYROLL WARRANTS DATED
DECEMBER 12, 2008, IN THE TOTAL AMOUNT OF $310,577.67 AND
DECEMBER 26, 2008, IN THE TOTAL AMOUNT OF $303,784.42, RECEIVED
AND FILED (300.30)
3. NEW DEVELOPMENT APPLICATIONS STATUS REPORT -- MONTH ENDING
DECEMBER 15, 2008 RECEIVED AND FILED (440.10)
4. CLAIM OF DAVID CLAVADETSCHER DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
5. 2009 CALENDAR YEAR STREET BANNER CALENDAR (DEL OBISPO &
CAMINO CAPISTRANO) CITY COUNCIL POLICY NO. 419 REVISION
APPROVED (410.401610.30)
6. ORTEGA HIGHWAY TRAFFIC OBSERVATION PROSECT: PLANS AND
SPECIFICATIONS APPROVED; AND STAFF AUTHORIZED TO RECEIVE
BIDS (CIP NO. 145) (600.30)
Nasser Abbaszadeh, Public Works Director, provided an agenda report and
responded to questions.
Council Comments:
■ Money better used on other projects that will have a longer life
■ Covers several major intersections after interchange improvements
Council Action: Moved by Council Member Hribar, seconded by Council Member
Freese, and carried 4-1, with Mayor pro tem Uso opposed, to approve the plans
and specifications for the Ortega Highways Traffic Observation Project; and staff
authorized to receive bids for the equipment installation.
ROLL CALL:
AYE: Council Members: Allevato, Hribar, Freese, and Mayor Nielsen
NO: Council Member: Mayor pro tem Uso
RECUSE: Council Member: None
7. AERIAL LIFT TRUCK PURCHASE FROM ALTEC INDUSTRIES, INC.
APPROVED (370.30)
Nasser Abbaszadeh, Public Works Director, provided an agenda report and
responded to questions.
Council Comments:
■ New trucks lose significant value upon purchase
01-20-2009
A used truck would be less expensive and provide similar support
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried 4-1, with Mayor Nielsen opposed, to approve
purchase of a 2009 Altec Aerial Lift Truck, Model AT237, in the amount of
$89,260, from Altec Industries, Inc.
1-1
AYE: Council Members: Allevato, Hribar, Freese, and Mayor pro tem
Uso
NO: Council Member: Mayor Nielsen
RECUSE: Council Member: None
8. LIMITED EXCAVATION AROUND UNDERGROUND STORAGE TANK (UST)
NO. 1 AT KINOSHITA FARM TO REMOVE RESIDUAL HYDROCARBONS:
CITY MANAGER AUTHORIZED TO ENTER INTO CONTRACTS WITH
LOWEST BIDDERS FOR DESIGNATED SECTIONS OF WORK TO
IMPLEMENT ENVIRON STRATEGY CONSULTANTS INC, JANUARY 2009
PROGRESS REPORT RECOMMENDATIONS, NOT TO EXCEED $135,000;
$50,000 APPROPRIATED FROM THE KINOSHITA FARM OPERATIONS FUND
RESERVE AND $250,000 FROM THE CITY'S GENERAL FUND RESERVES
TO THE WATER ENTERPRISE FUND TO REIMBURSE COSTS ASSOCIATED
WITH TESTING, EVALUATION, AND REMEDIATION (CONTRACTORS TO BE
DETERMINED) (600.30/330.20)
9. HIGH WEST SIDE PIPELINE (CIP NO 793), RECYCLED WATER PIPELINES
(CIP NO. 755), AND RECYCLED WATER PRESSURE REDUCING VALVE (CIP
NO. 785 PROJECTS: CHANGE ORDER NO. 2 FOR THE HIGH WEST SIDE
PIPELINE IN THE AMOUNT OF $47,713.99 APPROVED; RESOLUTION NO.
09-01-20-01 "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 HIGH WEST SIDE PIPELINE
(CIP 793), RECYCLED WATER PIPELINES (CIP 755), AND RECYCLED
PRESSURE REDUCING VALVE (CIP 785) PROJECTS:" AND STAFF
AUTHORIZED TO RELEASE THE PROJECTS RETENTION, IN THE AMOUNT
OF $128,729, THIRTY FIVE DAYS AFTER RECORDATION (J. SESIGIO
CONSTRUCTION, INC.) (600.30)
10. ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT FOR
WHISPERING HILLS ESTATES, VESTING TENTATIVE TRACT (VTM) 16634 --
CONSENT GRANTED (RANCHO SAN JUAN DEVELOPMENT, LLC)— 2008
(CONTINUED FROM DECEMBER 16, 2008) (600.30)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions.
6 01-20-2009
1
Written Communications:
■ Email from Jim Reardon, dated January 18, 2009, providing documents
and stating that the assignment of the development agreement will
negatively impact the City.
Public Comments:
■ Jim Reardon, City resident, indicating that assignment of the development
agreement will have a direct impact on the City.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Hribar, and carried unanimously, to consent to the assignment of the
Development Agreement for Whispering Hills Estates to Rancho San Juan
Development, LLC.
11. LOS RIOS PARK AND PARKING LOT IMPROVEMENT PROJECT,
CONSTRUCTION PROJECT ACCOUNTING (ACCOUNT NO. 12-XXXXX-4704-
465), RECEIVED AND FILED (ENVIRONMENTAL CONSTRUCTION, INC.)(CIP
NO. 465) CITY COUNCIL PRIORITY NO. 17A (600.30)
12. AGREEMENT WITH BLACK & VEATCH FOR THE PROVISION OF A
UTILITIES RATE AND TRAFFIC CIRCULATION FEE COMPARISON STUDY
AND APPROPRIATION OF FUNDS APPROVED CITY COUNCIL PRIORITY
NO. 21C (UPDATE OF CAPISTRANO CIRCULATION FEE PROGRAM -CCFP)
(600.30)
Steve Montano, Assistant Administrative Services Director, Cynthia L. Russell,
Assistant City Manager, and Nasser Abbaszadeh, Public Works Director,
provided an agenda report and responded to questions.
Council Comments:
■ Provides plans for future infrastructure needs, costs, and funding sources.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously, to approve an agreement with Black & Veatch for
the provision of a utilities Rate and Traffic Circulation Fee Comparison Study, in
an amount not to exceed $132,390; authorize the City Manager to execute the
agreement; appropriate $30,728 from the Sewer Enterprise Fund Operation
Reserve and $60,858 from the General Fund Reserve for the storm drain rate
study; and direct staff to repay the General Fund Reserve from the Storm
Drain/Storm Water Program fees.
01-20-2009
11 AGREEMENT WITH STRADLING, YOCCA, CARLSON AND RAUTH,
APPROVED IN SUBSTANTIALLY THE FORM PRESENTED FOR THE
PROPOSED DOMESTIC WATER MASTER PLAN DEBT FINANCING — SERIES
2009 BOND COUNSEL SERVICES AND ESTABLISHED FEES; AGREEMENT
WITH FIELDMAN, ROLAPP AND ASSOCIATES APPROVED FOR FINANCIAL
ADVISOR SERVICES FOR THE PROPOSED DOMESTIC WATER MASTER
PLAN DEBT FINANCING — SERIES 2009 BONDS; AND THE CITY MANAGER
AUTHORIZED TO EXECUTE THE AGREEMENTS (600.30)
14. CITY COUNCIL MINUTES — REGULAR MEETING OF DECEMBER 16, 2008,
APPROVED AS SUBMITTED
15. CITY COUNCIL MINUTES -- SPECIAL MEETING OF DECEMBER 16, 2008,
APPROVED AS SUBMITTED
16. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 6, 2009,
APPROVED AS SUBMITTED.
HEARING:
E1. RESOLUTION NO. 09-01-20-02: AUTHORIZING PARTIAL ACQUISITION OF
PROPERTY AT 32011 DEL OBISPO STREET THROUGH EMINENT DOMAIN
(CIP NO. 102) (APN 649-082-020) (OWNER: STEVEN P. AND CARINA M.
HATHAWAY) (670.40)
Omar Sandoval, City Attorney, provided an agenda report.
Mayor Nielsen opened the hearing. No testimony was forthcoming. Mayor
Nielsen closed the hearing.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously, to adopt Resolution No. 09-01-20-02 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY (APN NO 649-082-020)
LOCATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY
THEREFORE (STEVEN P. AND CARINA M. HATHAWAY)(CIP NO. 102)."
RECESS AND RECONVENE
Council recessed to convene the San Juan Capistrano Community Redevelopment
Agency meeting and reconvened following the agency's business.
11WIKI1-
ADMINISTRATIVE ITEMS:
G1. COMMUNITY SERVICES DIRECTOR
a. CAPISTRANO ANIMAL RESCUE EFFORT — CARE: 25% FEE WAIVER
APPROVED FOR USE OF SPORTS PARK AND COMMUNITY CENTER FOR
ANTIQUE CAR SHOW (410.60)
Karen Crocker, Community Services Director, summarized the agenda report.
Public Comments:
■ Gale Darter encouraged the council to support the fee waiver.
Council Comments:
■ CARE provides a service that saves the City thousands of dollars
■ Council has cut funds to other nonprofits due to budget constraints
■ Support waiving fees for new nonprofits, but more established should not
need fee waivers
■ CARE is in good financial condition — can afford the fees
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried 4-1, with Mayor pro tem Uso opposed, to approve a
25% fee waiver to the Capistrano Animal Rescue Effort (CARE) for use of the
Sports Park and Community Center for an antique car show on January 31,
2009; and request to provide a Mayor's trophy, in an amount not to exceed $100,
approved.
ROLL CALL:
AYE: Council Members: Allevato, Hribar, Freese, and Mayor Nielsen
NO: Council Member: Mayor pro tem Uso
RECUSE: Council Member: None
G2 CITY MANAGER
a. CITY COUNCIL PRIORITIES FOR FISCAL YEAR 200812009; AND WORKLOAD
AND BUDGETARY PRIORITIES FOR FISCAL YEAR 2009/2010 — CONTINUED
TO A FUTURE MEETING (330.20)
Item will be considered at a future Council meeting due to time constraints.
ORDINANCES: None
1
9 01-20-2009
COUNCILMANIC ITEMS:
1. Council Member Freese recommended a contest for storefront decorations for
the Holiday Season; would allow City to save on decorations; encourage more
tourism in the downtown; community pride.
2. Council Member Hribar suggested that all Council Members chip in to purchase a
group meal, such as pizza, for Closed Sessions.
ADJOURNMENT
There being no further business, Mayor Nielsen adjourned the meeting at 11:21 p.m. to
Tuesday, February 3, 2009 at 5:30 p.m. for Closed Session and 6:30 p.m. for the Public
Business Session in the City Council Chamber.
Respectfully
R: MONAHAN, CITY CLERK
prodded: February 3, 2009
ATTEST:
Y'IeI44� /I
MAFkK NIELSEN, MA OR
10 01-20-2009
NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
CITY COUNCIL
The City of San Juan Capistrano, California, hereby gives notice that a Special Meeting
of the Citv of San Juan Capistrano City Council will be held on Tuesday, January 20,
29N :00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan
api t h , California.
rgaR MonaNn; City C
Date: January 16,
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO }
I hereby certify that a copy of the Notice of Special Meeting of the City of San Juan
Capistrano City Council, to be held on Tuesday, January 20, 2009 at 5:00 p.m. was
mailed and/or sent via fax transmittal, or personally delivered not less than twenty-four
hours before the meeting.
Mark Nielsen, Mayor
Dr. Londres Uso, Mayor pro tem
Sam Allevato, Council Member
Tom Hribar, Council Member
Laura Freese, Council Member
The Register
Capistrano Valley News
Capistrano Dispatch
Los/Ancieles Times
er penalty of perjury that the foregoing is true and correct.
r R. Mona n, City Clerk
City San Juan 10istrano
Date: January 16, 2009