09-0519_CC_Minutes_Regular Meeting MINUTES
May 19, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Nielsen called the Regular Meeting of the City Council to order at
5:33 p.m. in the City Council Chamber,
ROLL CALL
COUNCIL. MEMBERS PRESENT: Sam Allevato, Tom . Hribar, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
COUNCIL MEMBERS ABSENT: None
PUBLIC COMMENT:
Closed Session item B -- The following City residents spoke in favor of the parking
restrictions on Camino Capistrano: Julie Boyd, Orrie Brown, Tony Brown, Bob Norman,
Kathleen Peterson, Kim Lefner, Shelby Cunningham, Patrick Crowley, Kim McCarthy,
Cheryl Burns, and Marsha Norman.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code section 54957.6, the City Council conferred
with its labor negotiator (City Manager) as to salary schedules and terms of
employment. The affected bargaining units are San Juan Capistrano
Classified Employees Association and San Juan Capistrano Management
and Professional Employee's Association.
b. Pursuant to Government Code Section 54956.9(b), the City Council
conferred with its legal counsel pertaining to one potential case of
threatened litigation involving the claim of Ed Connor relating to parking
restrictions on Camino Capistrano.
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of San Juan
Capistrano to at 6:49.p.m. in the City Council Chamber. Council Member Hribar led the
Pledge of Allegiance and Council Member Allevato gave the invocation.
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ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
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:
Mayor Nielsen announced that no reportable actions took place in Closed Session.
CITY COUNCIL COMMENTS & ORAL REPORTS:
■ Transportation Corridor Agencies Operations and Financial Meeting.
■ Closed Session meeting on City Manager's review.
■ City Council Finance Sub-Committee meetings.
■ -Coffee Chat at Metro Java.
■ Boy's & Girls Club fundraiser for Teen Center.
■ Meeting regarding Forster Mansion Issues.
■ Transportation Corridor Agencies Joint Marketing Ad-Hoc & Board meetings.
■ Orange County Water Summit at Disneyland Grand California Hotel.
■ Beauty and the Beast Play at San Juan Hills High School.
■ Franciscan Plaza & Parking Structure meeting.
■ City's.Budget Workshop.
Meeting regarding Dance Hall.
■ Finance Committee meeting for Orange County Fire Authority.
■ League of California Cities meeting.
■ Mayor's Walk to support businesses is town.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the next meeting of the Open Space Committee will be held
Monday, June 1, 2009 at 6:30 p.m.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
"Spring Fling Dance" at the Community Center.
■ "Spring Drive to Ride Horse Show & Open House" at the Shea Riding Center.
■ "A Popular Music from the 40's° at the Mission.
2 05-19-2009
INTRODUCTIONS AND PRESENTATIONS
1. MARY ROMAN RECOGNIZED FOR 40 YEARS OF SERVICE AS A TEACHER
(610.40)
Mayor Nielsen recognized Mary Roman for longtime dedication, devotion and
contributions to her students and the community and presented her with a plaque
of recognition.
2. KATHY HOOPER RECOGNIZED FOR HER DEDICATED SERVICE TO THE
PARKS, RECREATION AND EQUESTRIAN COMMISSION (610.40)
Karen Crocker, Community Services Director recognized Kathy Hooper for her
dedicated service to the Parks, Recreation and Equestrian Commission. Mayor
Nielsen presented her with a plaque of recognition.
Jill Hanna and Ilse Byrnes, Parks, Recreation Equestrian Commission, shared their
appreciation to Kathy Hooper for her accomplishments and dedication to the
Commission.
3. RONALD DENMAN RECOGNIZED FOR HIS DEDICATED SERVICE TO THE
PARKS, RECREATION AND EQUESTRIAN COMMISSION (610.40)
Karen Crocker, Community Services Director recognized Ronald Denman his
dedicated service to the Parks, Recreation and Equestrian Commission. Mayor
Nielsen presented him with a plaque of recognition.
Jill Hanna and Ilse Byrnes, Parks, Recreation Equestrian Commission, shared their
appreciation to Ron Denman for his hard work and dedication to the Commission.
4. MAY 2009 PROCLAIMED AS JOURNEYSAFE AWARENESS MONTH (610.40)
Mayor Nielsen proclaimed May 2009, as JourneySafe Awareness month, and
presented a proclamation to Libby Crawford, Emily Storms, Caitlin Lopes, Sara
Nofeliyan, Jazmin Grimaldi, and Christopher Garcia.
5. PRESENTATION BY ORANGE COUNTY LOCAL AGENCY FORMATION
(LAFCO)
Joyce Crosthwaite, Executive Officer, LAFCO, gave power point presentation and
responded to questions.
7. Mayor pro tem Uso introduced the following individuals in attendance:
Jill Hanna, Gail Zulow and Ilse Byrnes, Parks, Recreation and Equestrian
Commission; David Solt, Housing Advisory Committee; Les Blair,
San Juan Senior Liaison; and Rick Robinson, Division Chief, Orange County
Fire Authority.
3 05-19-2009
ORAL COMMUNICATIONS
i Joan Irvine Smith, City resident, read a letter regarding the Ortega Highway '...,
Widening project.
■ Marsha Norman, City resident, felt the corner of San Juan Creek Road and
Valle Road is a dangerous zone, without sufficient room for commercial trucks to
make turns, and would like to see the project move forward.
■ Steve Austin, Laguna Niguel resident, spoke regarding an annexation that would
need to take place in order for a park to be built in the City of Laguna Niguel. Dave
Adams, City Manager, stated that staff would get back to him.
r Mike Summers, representing AmeriCare Ambulance, spoke about the Request for
Proposal for Ambulance services and the services they provide.
■ - Richard Stowe, City resident, felt the City should restore the historic train station to
its original design.
Lt. Dan Dwyer, Chief of Police Services introduced Ira Esso, new Sergeant to
Police Services,
CONSENT CALENDAR
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Uso,
and carried unanimously to approve consent calendar items 1 through 5 and 8 as
recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES —REGULAR MEETING OF MAY 5, 2009, APPROVED
AS SUBMITTED.
D3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
MAY 6, 2009, APPROVED AS SUBMITTED.
D4. CLAIM OF CENTRAL REALTY CORPORATION DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
D5. CLAIM OF LINDA FOLEY DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
D6. CONTRACT WITH PYRO SPECTACULARS, INC. IN THE AMOUNT OF $31,500
FOR THE 2009, 4 TH OF JULY CELEBRATION (600.30)
Karen Crocker, Community Services Director responded to questions.
4 05-19-2009
Omar Sandoval, City Attorney, explained and distributed a revised contract with
minor modifications to reflect last year's contract and the addition of an alternate
provision under Section 8.2. (E-Verify requirement). Due to Federal requirements
the contractor already endures extensive background checks, including legal
residency in order for employees and contractors to handle explosives.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Freese, and carried unanimously to approved the contract with
Pyro Spectaculars, Inc, for the 2009 4th of July celebration fireworks sky concert in
the amount of $31,500; with minor changes to reflect last years contract, and
adding an alternate provision under Section 8.2 (E-Verify requirement) stating:
"contractor shall certify that (i) it is a federal explosives licensee or permitee and (ii)
is in compliance with the Federal Bureau of Alcohol, Tobacco, Firearms and
Explosives' Employee Possessor Questionnaire Program for all persons assigned
to perform work at the Display"
D7. RESOLUTION NO. 09-05-19-01 ADOPTED INITIATING PROCEEDINGS TO
PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
FOR CERTAIN EXISTING LANDSCAPE MAINTENANCE DISTRICTS
(TRACT 7673-MISSION WOODS) (TRACT 8485-MISSION SPRINGS)
(TRACT 9284-SEAVIEW ESTATES) (TRACTS 837317654-LOS CORRALES)
(TRACT 9382-BELFORD TERRACE) (CAPISTRANO ROYALE); AND JUNE 16,
2009 SETAS THE PUBLIC HEARING DATE (345.20)
Nasser Abbaszadeh, Public Works Director and Jill Thomas, Senior Management
Analyst, responded to questions.
Council Comment:
• Capistrano Royale district should be reduced to a level not to exceed the
proposed assessments.
Council Action: Moved by Mayor Nielsen, seconded by Council Member Hribar,
and carried 4-0-1 (Council Member Freese stepped out of the Chamber) to adopt
RESOLUTION NO. 09-05-19-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST
ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1 OF
TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FOR
PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION
OF A DISTRICT, AND SETTING A TIME AND PLACE FOR THE PUBLIC
HEARING THEREON"; setting June 16, 2009 as the public hearing date to adopt
the assessments; and have the proposed 2009110 budget for Capistrano Royale
be $12,210 instead of$13,000 to match the district assessments.
5 05-19-2009
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Uso and Mayor Nielsen
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Freese (stepped out of the Chamber)
D8. ACCOUNTS PAYABLE WARRANTS DATED MAY 7, 2009 IN THE TOTAL
AMOUNT OF $1,501,859.32, AND PAYROLL WARRANTS DATED
MAY 1, 2009, IN THE TOTAL. AMOUNT OF $.299,534.38, RECEIVED AND FILED
(300.30)
PUBLIC HEARING:
E1. CODE AMENDMENT (CA) 07-005 A COMPREHENSIVE SIGN ORDINANCE
UPDATE AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL CODE
SECTION 9-3.543, REGULATING SIGNS -- City Council Priority No. 12A —
CONTINUED TO JUNE 16, 2009 (420.301410.40)
Grant Taylor, Assistant Community Development Director, provided a staff report
.and responded to questions.
Mayor Nielsen opened the public hearing and invited testimony.
Council Comment:
■ Signs with moving parts can add character.
■ Need the ability for discretionary oversight.
■ Limiting discretionary oversight would prevent additional work to staff and
Commissions.
■ Portable signs should be professionally designed and fabricated.
■ Need broader definition for portable signs in order to assist businesses with
location disadvantages.
■ Portable signs should be restricted for display only within the sidewalks of
the shopping center to avoid saturation of signs throughout town.
Portable signs should have a time limit of business hours.
■ Portable signs should be placed no further than 20 feet from the business.
■ Portable signs should be restricted by 5 feet in area.
Consideration of removal of noncommercial language in residential zones.
■ Real Estate sale or lease signs should be no more .than 600 lineal feet of
street frontage of the property and 16 square feet in size.
■ Illuminated signs in historic areas. should go to Community Development
Director for discretionary review.
■ Window signs should be added to the temporary sign section and be subject
to a permanent permit,
■ Need specialized sign ordinance for car dealers and other "outdoor
inventory" sellers.
■ Portable signs need to fall under category of temporary signs and be able to
be permitted over the counter.
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■ Projecting signs text shall include "use appropriate materials including wood
and metal with carved or applied lettering or design feature.."
■ Temporary signs text shall include under banners "Community Development
Director may extend the time period a banner may be displayed with a
signed contract that states when the permanent sign will be completed".
■ Lease signs size and portable signs distance from businesses need to be
further discussed.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to continue the public hearing to June 16, 2009.
E2. GENERAL PLAN HOUSING ELEMENT- CONTINUED TO JUNE 16, 2009
(440.25)
RECESS AND RECONVENE
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency and reconvened following the agency's business.
ADMINISTRATIVE ITEMS:
G1. UTILITY DIRECTOR
a. RESOLUTION 09-05-19-02 ADOPTED DECLARING STAGE 1 WATER
CONSERVATION, EFFECTIVE JUNE 1, 2009 (1050.90)
Francie Kennedy, Water Conservation Coordinator, provided an agenda report and
responded to questions.
Public Comment:
■ Rita Bradley, Sky Enterprises, spoke on lawn drought resistance training
and lawn painting as a solution to conserve water.
Council Comment:
■ Importance to go to Stage 2.
Keeping water fountains and ponds functioning.
■ Enforcing mandatory provisions per water conservation ordinance.
■ Declare Stage 1 and reduce allocations by 5%.
■ Educate residents to use drought resistant foliage.
■ Stage 2 can provide the necessary tools to avoid future fines imposed by
Metropolitan Water District.
■ Bring back to Council within 60 days a report to see how Stage 1 water
conservation is working in order to monitor and go to Stage 2 if necessary.
■ Water Conservation Ordinance to come back to Council for amendments
before going to Stage 2.
7 05-19-2009
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 3-2 with Mayor pro tem Uso, and Council Member Freese
opposed to adopt RESOLUTION NO. 09-05-05-02, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
DECLARING WATER SHORTAGE STAGE 1"; Water Conservation Ordinance to
be implemented and enforced, effective June 1, 2009; and water billing allocations
at Tier 1 and Tier 2 to be reduced by 5%, effective June 1, 2009.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar and Mayor Nielsen
NOES: COUNCIL MEMBER: Freese and Mayor pro tern Uso
ABSENT: COUNCIL MEMBER: None
b. TOILET RETROFIT INCENTIVE PROGRAM IN THE AMOUNT OF $20,000,
APPROVED; FUNDS APPROPRIATED FROM THE OPERATION FUND
PENALTY RESERVE (1050.90)
Francie Kennedy, Water Conservation Coordinator, provided an agenda report and
responded to questions.
Council Comment:
Increase the incentive from $100 to $200 per toilet.
Bring the water conservation ordinance back to Council to add
"Plumbing Retrofit" language.
■ Preference with monitoring the $100 incentive program first and then
increase to $200 if necessary.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve the toilet retrofit incentive program to
$200 per toilet for a total amount of $20,000, and appropriate funds from the
Operation Fund Penalty Reserve.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 3-2 with Mayor pro tem Uso and Council Member Freese
opposed to bring back to Council the Water Conservation Ordinance No. 941 to
add "Plumbing Retrofit" language.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar and Mayor Nielsen
NOES: COUNCIL MEMBER: Freese and Mayor pro tem Uso
ABSENT: COUNCIL MEMBER: None
G2, COMMUNITY DEVELOPMENT DIRECTOR
a. ONE TIME FOR PROFIT WINE TASTING EVENT AT THE ROGER Y. WILLIAMS
SWANNER PROPERTY AND STRUCTURE, APPROVED (960.40)
8 05-19-2009
Teri Delcamp, Historic Preservation Manager, provided an agenda report and
responded to questions.
Public Comment:
■ Jonathan Volzke, Laguna Niguel resident, felt deposit for the event should
be higher to reflect the historic value of the property.
Council Comment:
■ The event should be monitored by a staff person or "docent".
■ Historic sites should be used to promote the City.
■ Concerns with facility safety and parking issues.
■ Applicant to provide a parking plan identifying the location and method for
off-site valetlor shuttle parking should take place in lieu of a traffic analysis.
Preference for no on-site parking and no parking along Camino Capistrano.
■ Additional fees should be added based on currents fees charged for other
comparable City facility rentals.
■ Preference for using the property for residential use.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Freese, and carried 4-1 with Council Member Hribar opposed to approve a
one-time event at the Roger Y. Williams Swanner property and structure; and staff
directed to use City Council Policy No. 506 (event type 2A) and Special Activities
Permit as the standards in processing the request, and incorporate Council's
comments.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Freese, Uso and Mayor Nielsen
NOES: COUNCIL MEMBER: Hribar
ABSENT: COUNCIL MEMBER: None
G. PUBLIC WORKS DIRECTOR
a. RESOLUTION NO. 09-05-19-03 ADOPTED SUPPORTING OPTION "C" AS THE
ULTIMATE WIDENING CONCEPT AND OPTION "A" AS THE INITIAL PHASE;
PERSONAL SERVICES AGREEMENT WITH VA CONSULTING IN THE, AND
WITH RIDGE LANDSCAPE TO PREPARE PLANS, SPECIFICATIONS, AND
COST ESTIMATES FOR THE SAN JUAN CREEK ROAD WIDENING PROJECT
FROM VALLE ROAD TO CAMINO CAPISTRANO (CIP NO. 406), APPROVED
(600.30)
Nasser Abbaszadeh, Public Works Director, provided an agenda report, a slide
presentation, and responded to questions.
Council Comment:
■ Preference for Option "A" to be the ultimate widening concept.
9 05-19-2009
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried 4-1 with Mayor Nielsen opposed to adopt RESOLUTION NO.
09.05-19-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, IN SUPPORT OF IMPROVEMENTS
FOR THE SAN JUAN CREEK ROAD WIDENING PROJECT (CIP 406); and
Personal Services Agreement with VA Consulting in the amount of $359,041 and
with Ridge Landscape in the amount of $10,500 to prepare plans, specifications,
and cost estimates for the San Juan Creek Road Widening Project from Valle
Road to Camino Capistrano, approved.
ORDINANCES:
H1. ORDINANCE NO. 958: REGULATING EQUESTRIAN STABLES STANDARDS
(420.30)
Maria Morris, Deputy City Clerk, provided an agenda report and read the title of the
ordinance.
Council Action: Moved by Council Member Freese, seconded by Council Member
Allevato, and carried unanimously, to adopt Ordinance No. 958 entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING CODE AMENDMENT (CA) 08-04 (TITLE 9 — LAND USES)
PERTAINING TO EQUESTRIAN COMMERCIAL AND NON-COMMERCIAL
STANDARDS."
COUNCILMANIC ITEMS:
11. TEETER MARIE ROMERO, WILLIAM CVENGROS, RANDI & JOEL PESHKIN,
AND FORMER SHERIFF BRAD GATES SELECTED AS THE 2009
WALL OF RECOGNITION HONOREES (210.10)
Cindy Russell, Assistant City Manager, provided an agenda report,
Council Comment:
a Request to add former Sheriff Brad Gates to the Wall of Recognition.
Council Action: Moved by Council Member Freese, seconded by Council Member
Allevato, and carried unanimously to select Teeter Marie Romero, William
Cvengros, and Randy & Joel Peshkin, and former Sheriff Brad Gates as the 2009
Wall of Recognition Honorees.
Mayor Nielsen requested that the Capistrano Animal Rescue Effort (CARE)
License Agreement be agendize.
10 05-19-2009
ADJOURNMENT:
There being no further business, Mayor Nielsen adjourned the meeting at 1:15 a.m. to
Tuesday, June 2, 2009 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public
Busi e s Ses ion, in the City Council Chambers.
Re pec , 11 S bmitted,
MA` IA R IS, DEPUT ITY CLERK
Approved: June 2, 2009
ATTEST:
MARK NIELSEN, MAYOR
11 05-19-2009