09-0616_CC_Minutes_Regular Meeting MINUTES
June 16, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Nielsen called the Regular Meeting of the City Council to order at
5:04 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: None
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code section 54956.8, the City Council meet with
its Real Property Negotiator (City Manager, Assistant City Manager, and the
Open Space Finance Sub-Committee) concerning the terms for the
purchase, sale, exchange or lease of certain real property, Assessor's
Parcels Nos. 637-083-15, 637-08.2-16, 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 6:48 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Council Member Freese gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
COUNCIL MEMBERS/D1RECTORS 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.
1 06-16-2009
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Mayor Nielsen announced that no reportable actions took place in Closed Session.
CITY COUNCIL COMMENTS & ORAL REPORTS:
■ Toll Road Corridor Agency Board meeting.
■ Community Trails Committee meeting.
■ Koll Project meeting.
■ Meeting with Franciscan Plaza proprietors.
■ Historic Society Barbeque.
■ Breakfast meeting with Assemblywoman Diane Harkey.
■ Summit Group meeting.
■ Interviews for Interim City Manager.
■ Dedication of the Upper Chiquita Reservoir.
■ Orange County Fire Authority meetings.
■ Long Term Vision/Strategic Plan & Master Planning of Downtown Workshop.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the next meeting of the Open Space Committee will be held
Monday, July 6t" at 6:30 p.m. in the City Council Chambers
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Swing Cats Big Band", San Juan Summer Nites.
■ Summer reading volunteer orientation for the Library's 2009 Summer Reading
Program.
■ "Black Tie Gala" hosted by Shea Center.
■ "Performing Arts Summer Camps for Kids" at the Camino Real Playhouse.
■ Community Blood Drive at the Community Center.
■ "The Ark of San Juan Garden Show".
■ "Music Under the Stars" hosted by Mission San Juan Capistrano.
INTRODUCTIONS AND PRESENTATIONS
I. KATHLEEN SPRINGER RECOGNIZED FOR 10 YEARS OF SERVICE TO THE
CITY (730.90)
Cynthia L. Russell, Assistant City Manager recognized Kathleen Springer, Human
Resources Manager, for 10 years of service. Mayor Nielsen presented her with a
certificate of appreciation.
2 06-16-2009
2. CHRIS DOLLAR RECOGNIZED AS EDUCATOR OF THE YEAR (610.40)
Mayor Nielsen recognized Chris Dollar as the Educator of the Year and presented
him with a certificate of recognition.
3. HILARY VANSELL RECOGNIZED AS YOUTH OF THE YEAR (610.40)
Mayor Nielsen recognized Hilary Vansell as the Youth of the Year and presented
her with a certificate of recognition. Derek DeCaro, Chairman of the Youth
Advisory Board, announced that the Youth Advisory Board will present her with a
certificate for her accomplishments.
4. CHARLES E. LANGE III RECOGNIZED FOR SERVING THE CITY ON THE
TRANSPORTATION COMMISSION (610.40)
Nasser Abbaszadeh, Public Works Director recognized Charles E. Lange III for his
service to the City on the Transportation Commission. Mayor Nielsen presented
him with a plaque of recognition.
5. MAYOR PRESENTED THE KEY OF THE CITY TO THE MEXICAN COUNSEL
6. MAYOR PRO TEM USO INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Bruce Tatarian and James Mocalis, Planning Commission;
Joanne Marquez, Housing Advisory Committee; James Schenold, Adult Advisor,
Youth Advisory Board; Patrick McIntosh, Chief, Orange County Fire Authority;
Susan Hinman, Municipal Water District of Orange County; and Dan Ferons,
Santa Margarita Water District.
ORAL COMMUNICATIONS
■ Joan Irvine Smith, City resident, spoke regarding the Ortega Highway Widening
Project and Toll Road extension.
■ Jennifer Gonzalez, introduced her self as a representative of the Gas Company
and San Diego Gas & Electric,
■ Peter Lawrence, Battalion Fire Chief for San Diego County, City resident,
expressed his appreciation and good qualifications of volunteer firefighters.
■ Jeffrey Kunze, Senior Reserve Officer, City resident, felt City to be proud of its
volunteer firefighters and invited the Council to visit their station.
■ Art Guevara, City resident, expressed appreciation to the City Council for
welcoming Mexican Consul; and invited the Council to attend a Domestic Violence
Art exhibit.
■ Monica Mukai, City resident, announced her candidacy for Adult Advisor for the
Youth Advisory Board & distributed her qualifications.
3 06-16-2009
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato,
and carried unanimously to approve consent calendar items 1 through 8, 10 through 12,
16 and 17 as recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JUNE 2, 2009, APPROVED AS SUBMITTED.
D3. TEMPORARY EXTENSION FOR BALL FIELD LIGHTING USE ON AN AS-
NEEDED BASIS UNTIL 10:00 P.M. FROM JUNE 27-JULY 16, 2009, APPROVED
(920.10)
D4. REPORT OF INVESTMENT — MONTH ENDING APRIL 30, 2009, RECEIVED
AND FILED (350.30)
D5. EXPANSION OF CIP NO. 102 TO INCLUDE IMPROVEMENTS FOR CIP NO.121
IN THE AMOUNT OF $412,964.00; AND CONTRACT CHANGE ORDERS FOR
CIP NO. 102 IN THE AMOUNT OF $32,970.73 (PETERSON-CHASE GENERAL
ENGINEERING CONSTRUCTION, INC.), APPROVED.
Df. AWARD OF CONTRACT WITH ELITE BOBCAT SERVICE, INC. FOR THE
CAMINO CAPISTRANOIDEL OBISPO STREET INTERSECTION
IMPROVEMENTS CIP NO. 111, IN THE AMOUNT OF $605,726.50, APPROVED;
AND ALL OTHER BIDS REJECTED (600.30)
D7. PLANS AND SPECIFICATIONS FOR THE CITYWIDE PAVEMENT
REHABILITATION PROJECT; CITY CLERK AUTHORIZED TO RECEIVE BIDS;
AND AMENDMENT TO PERSONAL SERVICE AGREEMENT WITH GEORGE G.
BOGHOSSIAN & ASSOCIATES, INC., APPROVED (600.30)
D8. RELIEF FROM THE CITY'S HOME WARRANTY PROGRAM REQUIREMENTS
FOR HABITAT FOR HUMANITY'S CALLS ROLANDO PROJECT, APPROVED
(450.80)
D9. RESOLUTION NO. 09-06-16-03 ADOPTED ESTABLISHING THE 2009/2010
APPROPRIATION LIMITATION OF $56,373,760 (330.20)
Cindy Russell, Assistant City Manager provided an explanation of changes to the
resolution.
4 06-16-2009
Council Action: Moved by Council Member Allevato, seconded by Council Member
Freese, and carried unanimously to approve the resolution as revised
RESOLUTION No. 09-06-16-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION (GANN LIMIT)
FOR THE 2009/2010 FISCAL YEAR"
D10. PERSONAL SERVICES AGREEMENT WITH E. STEWART & ASSOCIATES,
INC. FOR THIRD-YEAR HABITAT RESTORATION MAINTENANCE SERVICES
FOR THE 760 S RESERVOIR PROJECT IN THE AMOUNT OF $61,900, CIP 791,
APPROVED (600.30)
D11. PERSONAL SERVICES AGREEMENT WITH CAA PLANNING, INC. FOR
BIOLOGICAL MONITORING SERVICES FOR 2009 AT THE 760 S RESERVOIR
PROJECT IN THE AMOUNT OF $36,500, AND THE CITY MANAGER
AUTHORIZED TO SIGN THE AGREEMENT (600.30)
D12. TERMINATION OF THE WATER SERVICE AGREEMENT AND LEASE OF
CAPACITY RIGHTS AT DEL OBISPO CONNECTION AND THE
ESTABLISHMENT OF AN EMERGENCY INTERCONNECTION AT DEL OBISPO
WITH SOUTH COAST WATER DISTRICT; AND CITY CLERK DIRECTED TO
PROCESS RECORDATION OF AGREEMENT (600.30)
D13. CITY SEWER HYDRAULIC CAPACITY PROJECT NO. 4 — CIP NO. 07702 BIDS
REJECTED AND STAFF AUTHORIZED TO RE-ADVERTISE (600.30)
Nasser Abbaszadeh, Public Works Director, provided the staff report and
responded to questions
Public Comment:
■ Carlos Perea, TC Construction, distributed a letter and would like Council's
consideration to accept the third bid.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to reject bids and staff authorized to re-advertise.
D14. 2009/2010 SOUTH ORANGE COUNTY WASTEWATER AUTHORITY BUDGET
APPROVED (330.50)
Council Action: Moved by Council Member Hribar, seconded by Council Member
Freese, and carried unanimously to approve the South Orange County Wastewater
Authority Budget; City's share, totaling $2,253,090 to be allocated to the various
South Orange County Wastewater Authority Budget accounts and funded from the
sewer enterprise revenue, and from water budget as appropriated.
5 06-16-2009
D15. CONTRACTS APPROVED FOR TRAFFIC SURVEILLANCE PROJECT (POLE
INSTALLATION) TO ESTEINY AND COMPANY, INC., AND FOR THE (CCTV
CAMERA EQUIPMENT INSTALLATION) TO SPECIALIZED INSTALLATIONS
(600.30)
Nasser Abbaszadeh, Public Works Director, provided the staff report and
answered questions
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously to approve contracts for Capital Improvement
Project No. 145 - Traffic Surveillance Project (Pole Installation) to Steiny and
Company, Inc, in the amount of$42,678.00, and for the (CCTV Camera Equipment
Installation) to Specialized Installations, in the amount of$74,495.00.
D16. RESOLUTION NO. 09-06-16-04 ADOPTED AMENDING THE PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN BY CREATING THE POSITION
OF SR. EXECUTIVE ASSISTANT (700.20)
D17. AGREEMENT WITH MUNICIPAL MANAGEMENT GROUP, APPROVED, NOT TO
EXCEED $291,000 TO PROVIDE SERVICES AS ACTING UTILITIES DIRECTOR,
ADMINISTRATIVE SUPPORT AND STRATEGIC PROGRAM SUPPORT (600.30)
PUBLIC HEARING:
E1, RESOLUTION NO. 09-06-16-05 ADOPTED CONFIRMING THE ASSESSMENTS
AND AUTHORIZING THE ORANGE COUNTY AUDITOR-CONTROLLER'S
OFFICE TO INCLUDE ON PROPERTY TAX ROLLS; AND CITY CLERK TO
FORWARD THE ASSESSMENTS TO THE ORANGE COUNTY AUDITOR-
CONTROLLER — TRACT 7673 (MISSION WOODS) ($312.50) — TRACT 8485
(MISSION SPRINGS) ($350.90) — TRACT 9284 (SEAVIEW ESTATES) ($870.00)
— TRACTS 9373/7654 (LOS CORRALES) (115.20) — TRACT 9282 (BELFORD
TERRACE) ($457.00) — CAPISTRANO ROYALE ($1,110.00) (345.20)
Nasser Abbaszadeh, Public Works Director, provided an agenda report and
responded to questions.
Mayor Nielsen opened the public bearing and invited testimony. No public
testimony was provided. Mayor Nielsen closed the public hearing.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Hribar, and carried unanimously to approve RESOLUTION No. 09-06-16-05,
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE LEVY OF THE FISCAL
YEAR 2009/2010 ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE
DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO"
6 06-16-2609
E2. REZONE (RZ) 07-02, TENTATIVE PARCEL MAP (TPM) 07-191,
ARCHITECTURAL CONTROL (AC) 07-17, GRADING PLAN MODIFICATION
(GPM) 07-01, KOLL SAN JUAN; A REQUEST FOR APPROVAL OF
APPLICATIONS TO ALLOW DEVELOPMENT OF A PROPOSED 68,000 GROSS
SQUARE FOOT (GSF), NINE (9) BUILDING, COMMERCIAL. OFFICE COMPLEX
ON AN EXISTING 7.8 NET ACRE PARCEL LOCATED ALONG THE
EAST SIDE OF RANCHO VIEJO ROAD AND NORTH OF SPOTTED BULL LANE
(APN NO. 650-011-34 & 39) (KOLL SAN JUAN) -- PUBLIC HEARING
CONTINUED TO AUGUST 18, 2009,
William A. Ramsey, Principal Planner, provided an agenda report and responded
to questions.
Written Communications opposing the project:
Robert P. King, President of Save Our San Juan, submitted a letter on June
11, 2009.
■ Mark S. Rosen, Attorney representing the Spotted Bull Neighborhood,
submitted a letter on June 11, 2009.
■ Mark S. Rosen, Attorney representing the Spotted Bull Neighborhood,
submitted a letter on June 15, 2009.
Robert P. King, President of Save Our San Juan, submitted a letter on June
15, 2009.
Mayor Nielsen opened the public hearing and invited testimony.
Public Comment-
s Anthony Samanich, spoke in opposition to the project due to concerns with
an increase in traffic on Rancho Viejo Road and the close proximity of the
project entrance to Spotted Bull Lane.
■ Gib Yancey, City resident, spoke regarding concerns with the view impact of
the project and lack of public notification.
r Yvonne Tschaikowsky, City resident, felt view corridors are vital to the
town's characteristics and should be preserved.
■ Jerry Williams, Village San Juan Homeowners Association, spoke regarding
traffic safety concerns along Rancho Viejo Road; and the lack of public
notification regarding the project.
■ Bob Messersmith, City Resident, spoke regarding concerns with noise,
traffic, and high density of the project.
f Jeff Sawell, City resident, spoke in opposition to the project due to the high
density and traffic impact.
■ Bob King, Save our San Juan, spoke in opposition to the project, gave a
presentation; and distributed photographs to the City Council indicating the
importance of the northerly entrance to the City.
• Nick Jordan, City resident, spoke regarding concerns with the lack of public
outreach by Koll and its representatives.
7 06-16-2009
■ Joe Soto, City resident, stated that Spotted Bull Lane residents have been
afforded many opportunities to meet with Koll representatives regarding the
project; and noted that traffic impacts have been mitigated and reviewed by
the Transportation Commission.
■ Analee Kredel, City resident, spoke in opposition to the project due to traffic
impacts.
■ Douglas K. Wallace, City resident, spoke regarding concerns with traffic
congestion and traffic safety.
Mayor Nielsen closed the public hearing.
Council Comment:
■ Preference in building business offices instead of medical offices or
high density housing units.
■ Concerns with trees size in height.
■ Concerns with density and preference in reduction of number of buildings or
reduction to one story buildings.
■ Importance in preserving the views to the northern corridor entrance to the
City.
■ Preference in removing building number 1 due to proximity to residences.
■ Desire for applicant to meet with residents and work together on ways to
mitigate issues, and for staff to attend meetings.
Council Action: Moved by Council Member Allevato, seconded by Council Member
Freese, and carried 4-1 with Council Member Hribar opposed to continue the
public hearing to August 18, 2009.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Freese, Uso, and Mayor Nielsen
NOES: COUNCIL MEMBER: Hribar
ABSENT: COUNCIL MEMBER: None
E3. CODE AMENDMENT 07-005 REGULATING SIGNS — CONTINUED TO
JULY 7, 2009 (420.301410.40)
Council Action. Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously to continue the public hearing to
July 7, 2009.
E4, GENERAL PLAN HOUSING ELEMENT- CONTINUED TO AUGUST 18, 2009
(440.25)
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously to continue the public hearing to August 18, 2009.
RECESS AND RECONVENE
8 06-16-2009
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency, Public Financing Authority, and Sewer Maintenance District No. 1 meetings, and
reconvened following.
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. GENERAL PLAN AMENDMENT SUPPORTING WORKFORCE HOUSING —
CONTINUED TO JULY 7, 2009 (430.45)
Written Communications:
■ Jess Lopez, Housing Advisory Committee Member, sent an e-mail on June
15, 2009, supporting the General Plan Amendment
b. EXCLUSIVE OPERATING AREA AGREEMENT FOR AMBULANCE SERVICES
WITH DOCTOR'S AMBULANCE SERVICE, APPROVED (600.50)
Written Communications:
■ Kay Kearney, Doctor's Ambulance, submitted a letter on June 11 , 2009
addressing statements made against their company during the competitive
process.
Michael Cantor, Senior Management Analyst provided a staff report and
responded to questions
Public Comment:
■ Jim Ruane, Orange County Fire Authority Finance Manager, explained the
selection process and regulations.
■ Joanna Dimas, Medix Ambulance, thanked the Council for the honor of
serving the City for the last 22 years.
■ Kay Kearney, Doctor's Ambulance, thanked the Council for their
consideration and responded to questions.
■ Aaron Rosen, Doctor's Ambulance Operational Manager, responded to
questions.
■ Mike Summers, AmeriCare Ambulance, provided information of services
and responded to questions.
■ Chip Prather, Fire Chief, responded to questions.
■ Greg Boswell, Orange County Emergency Medical Services, commented on
the process for overseeing the Request for Proposal.
Council Comment:
■ Felt having two ambulances instead of one would be a good advantage.
■ Consider in the future to have a policy where the Orange County Fire
Authority and staff can make the final selection for ambulance services.
■ The Financial Criteria component should be re-evaluated in future selection
process.
■ City should retain the right to make final selection.
9 06-16-2009
Council Action: Moved by Council Member Allevato, seconded by Council Member
Freese, and carried unanimously to approve a five-year exclusive operating area
agreement for ambulance services with Doctor's Ambulance Service from
August 30, 2009 to August 31, 2094,
G2. UTILITIES DIRECTOR
a. UPPER CHIQUITA EMERGENCY STORAGE RESERVOIR PARTICIPATION
AND OPERATIONS AGREEMENT APPROVED (600.50)
Dan Ferons, Santa Margarita Water District, provided a presentation and
responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to approve the Upper Chiquita Emergency Storage
Reservoir Participation and Operations agreement with the City of San Clemente,
Moulton Niguel Water District, Santa Margarita Water District, and South Coast
Water District; and appropriation of $220,000 from water capital budget.
b. CAPITAL RESERVE FUND FOR THE OCEAN DESALINIZATION PLAN
APPROVED (600.50/330.20)
Eric Bauman, Utilities Engineer, provided an agenda report and responded to
questions. Karl Seckel, Municipal Water District of Orange County, provided a
power point presentation and responded to questions.
Council Comment:
■ Project should go forward only if the City's has assurance that basins will be
protected.
Joe Tait, Interim Utilities Director, assured the Council that the City's basins will not
be compromised.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Freese, and carried unanimously to approve allocation of $346,000 from the
Capital Reserve Fund for the Ocean Desalinization Plan; and authorized the City's
delegates project participation committee representative to approve expenditure of
funds as needed by the project.
ORDINANCES:
H9. ORDINANCE NO. 559: AMENDING DEVELOPMENT AGREEMENT FOR
WHISPERING HILLS ESTATES PROJECT (RANCHO SAN JUAN
DEVELOPMENT LLC) (440.25)
Maria Morris, Deputy City Clerk, provided an agenda report and read the title of the
ordinance.
10 06-16-2009
Council Action: Moved by Council Member Allevato, seconded by Council Member
Freese, and carried 4-1, with Mayor pro tem Uso opposed to adopt Ordinance No.
959 entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR
THE WHISPERING HILLS ESTATES PROJECT (RANCHO SAN JUAN
DEVELOPMENT, LLC)"
ROLL. CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor
Nielsen
NOES: COUNCIL MEMBER: Mayor pro tem Uso
ABSENT: COUNCIL MEMBER: None
COUNCILMANIC ITEMS: None
ADJOURNMENT:
There being no further business, Mayor Nielsen adjourned the meeting at 12:20 a.m. to
Monday, June 22, 2009 at 3:00 p.m. for a Closed Session meeting, and Tuesday,
June 30, 2009 at 5:00 p.m. for a Joint City Council/Community Redevelopment
Agency/Planning Commission Workshop— Mission Inn Hotel Project, in the City Council
Chambers; and. then to the Regular meeting of Tuesday, July 7, 2009 at 5:30 p.m. for
CI se Se sio� , and 0:30 p.m. for the public Business Session, in the City Council
Ch;b rs'.
f
1 I
Respecuta.' ubmitted,
M'� RIA . RNIS, DEP ITY CITY CLERK
Approved: July' 7, 200�`�
PP ,
ATTEST:
MARK NIELSEN, MAYOR--
06-16-2009
A OROF-16-2009