09-0721_CC_Minutes_Regular MeetingMINUTES
July 21, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: None
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of San Juan
Capistrano at 7:10 p.m. in the City Council Chamber. Boy Scouts Josh and Brian Cosby
from Troop 12 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 MEMBERS/Dl RECTORS 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.
CITY COUNCIL COMMENTS & ORAL REPORTS:
■
Joint Powers Insurance Agency meeting.
■
1111 Committee meeting regarding upcoming events.
■
Transportation Corridor Agency Board meeting.
■
Meeting with Strategic Retail Advisors.
■
Attendance at the Orange County Super Fair.
■
Retirement Barbeque for Orange County Fire Authority Chip Prather.
■
Update meeting regarding Distrito La Novia.
■
Mayor was thanked for sending letter to the Orange County Sheriff's department
and Board of Supervisors opposing any financial increases in law enforcement
services.
■
Orange County Fire Authority Meeting.
■
Meeting with representatives from Koll & JSerra.
■
Met with concerned residents regarding the process that allowed a Memorandum
of Understanding between the City and an outside agency to go for a vote at that
agency without the Council knowledge.
■
Upcoming meeting with Orange County Sheriffs and number of contract cities
regarding budget issues.
OPEN SPACE COMMITTEE REPORT:
Derek Ostensen, City Consultant, provided an update on Measure M funding and
present City opportunities.
07-21-2009
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Evening Network Mixer" hosted by the Chamber of Commerce.
■ "Coffee Chat" at Metro java.
■ "Downtown Farmer's Market"
■ "Shakespeare in the Park" & `The Tempest" performance in the Historic Town
Center park.
■ "Summer Fiesta" at Tar Farms.
■ "Music Under the Stars" hosted by the Mission.
■ "Capo Valley Symphony' hosted by the Mission.
■ "Low Cost Vaccination Clinic" hosted by the City.
■ "Landscape Workshop" hosted by the City.
■ "Green Feast" hosted by the Ecology Center.
INTRODUCTIONS AND PRESENTATIONS
Mayor pro tem Uso introduced the following individuals in attendance: Les Blair,
San Juan Senior Liaison; and Dan Runnestrand, Battalion Chief.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, handed out a letter to the Council; spoke about
the extension of the 241 toll road, and the Ortega Highway Widening project.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1, 3 through 5, 7
and 8 as recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES — REGULAR MEETING OF JULY 7, 2009,
APPROVED WITH REVISIONS.
Council Action: Moved by Council Hribar and seconded by Council Member
Allevato, and carried unanimously to approve the minutes with changes to page
10, 2nd Councilmanic item should read "Council Member Hribar requested to
agendize Business Licenses fees for investment property owners who have
adjoining parcels of land".
D3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JULY 14, 2009, APPROVED.
07-21-2009
D4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JUNE 30, 2009, APPROVED.
D5. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JUNE 30, 2009 (JOINT WORKSHOP), APPROVED.
D6. RESOLUTION NO. 09-07-21-01 ADOPTED APPROVING A FISCAL YEAR
2008-2009 GENERAL PLAN ANNUAL PROGRESS REPORT (430.40/480.30)
Grant Taylor, Assistant Community Development Director, provided an agenda
report and responded to questions.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Uso, and carried unanimously, to adopt RESOLUTION NO. 09-07-21-01 entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ACCEPTING THE CITY'S FY 2008-2009
GENERAL PLAN ANNUAL PROGRESS REPORT"; and staff directed to forward
to the Office of Planning and Research (OPR) and the Housing and Community
Development Department (HCD) as mandated by Government Code Section
65400.
D7. RESOLUTION NO. 09-07-21-02 ADOPTED AUTHORIZING SUBMITTAL OF A
GRANT APPLICATION FOR FUNDING UNDER THE 2009 HOME
INVESTMENT PARTNERSHIP PROGRAM TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR A
TOTAL OF $800,000 IN FUNDS FOR AN OWNER -OCCUPIED
REHABILITATION PROGRAM; AND AUTHORIZING THE CITY MANGER,
AND/OR THE ASSISTANT CITY MANAGER TO EXECUTE A STANDARD
AGREEMENT, ANY AMENDMENTS THERETO, AND ANY RELATED
DOCUMENTS NECESSARY TO PARTICIPATE IN THE 2009 HOME
INVESTMENT PARTNERSHIP PROGRAM; AND REVISIONS TO THE
OWNER -OCCUPIED REHABILITATION GUIDELINES, APPROVED; AND
ECONOMIC DEVELOPMENT MANAGER AUTHORIZED TO MAKE
ADDITIONAL REVISIONS TO THE GUIDELINES AS NECESSARY TO
SATISFY THE 2009 STATE -HOME PROGRAM APPLICATION
REQUIREMENTS (430.40/480.30)
D8. PLANS AND SPECIFICATIONS FOR THE CITY SEWER HYDRAULIC
CAPACITY PROJECT NO. 2 (CIP NO. 07704), APPROVED; AND STAFF
AUTHORIZED TO SOLICIT AND RECEIVE BIDS (600.30)
PUBLIC HEARING: None
RECESS AND RECONVENE
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency and reconvened following the agency's business.
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ADMINISTRATIVE ITEMS:
G7. PUBLIC WORKS DIRECTOR
a. RESOLUTION NO. 09-07-27-03 ADOPTED PROHIBITING PARKING ON THE
EAST SIDE OF ALIPAZ STREET FROM DEL OBISPO STREET NORTH TO ITS
TERMINUS (570.20)
Nasser Abbaszadeh, Public Works Director, provided an agenda report and
responded to questions.
Written Communication:
■ Mahan Ayazi, City resident, submitted an e-mail on July 20, 2009, in favor
of the parking ban on Alipaz Street.
Public Comment:
■ Kathleen Peterson, City resident, urged the Council to band parking on
both sides of Alipaz Street.
■ Thea Foss, Rio Vista Homeowner Association, asked the Council to
uphold the parking band on Alipaz Street for safety reasons.
■ Yvonne Murai, Old San Juan Homeowners Association, spoke in favor of
the parking band for safety reasons and due financial burdens to the
Association who has to keep replacing broken pipes and sprinkler heads
as a result of the parking in their property.
■ Jim Haynie, City resident, spoke in support for the parking ban in Alipaz
Street.
■ Tony Brown, City resident, urged the Council to ban parking on both sides
of Alipaz Street and to bring back the Camino Capistrano parking
restrictions.
■ Orrie Brown, City resident, spoke in favor of the parking ban for safety
reasons.
■ Alvin Ehrig, City resident, spoke in favor of the parking ban and distributed
pictures to the Council.
■ Julie Boyd, City resident, distributed pictures and a petition from Old San
Juan Road residents requesting the Council to band parking on both sides
of Alipaz Street.
■ Marsha Norman, City resident, spoke in favor of banning parking on both
side of Alipaz Street; and would like to see the Camino Capistrano
restrictions back in the Council's agenda.
Council Comment:
■ Felt banning one side of the Alipaz Street still might not meet the
requirements by the Orange County Fire Authority.
■ Preference in banning parking on both sides of Alipaz Street.
■ Support for only banning the east side and not the west side of Alipaz
Street, but instead to widen the street by adding two feet of asphalt.
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Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Hribar, and carried unanimously to adopt RESOLUTION NO. 09-07-21-03
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, RE-ESTABLISHING "NO PARKING
ANYTIME" ZONE ON THE EAST SIDE OF ALIPAZ STREET FROM DEL
OBISPO STREET NORTH TO ITS PUBLIC TERMINUS AND CONFIRMING
THE RESCISSION OF RESOLUTION 09-03-03-07; and by Council consensus
staff was directed to bring back to Council "no parking" on the west side of Alipaz
for review.
b. THREE YEAR PERSONAL SERVICES AGREEMENT WITH MERCHANT
LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES,
APPROVED (600.30)
Nasser Abbaszadeh, Public Works Director, provided an agenda report and
responded to questions.
Council -Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried 4-0-1 with Council Member Allevato absent (stepped out of the
Chamber) to approve a three year Personal Services Agreement with Merchants
Landscape Services, Inc. for landscape maintenance services in the amount of
$969,300.00 ($323,100.00) per year; City Manager authorized to execute the
agreement; $61,700 appropriated from the General Fund account #01-83722-
64113-00000-000; $3,212 appropriated from Internal Service Fund Reserves
account #81-83511-64113-00000-000; and $593 appropriated from Landscape
Maintenance District Fund account #14-83721-64113-00000-000, from the
Landscape Maintenance District Reserve Fund.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
G2. CITY MANAGER
Hribar, Freese, Uso and Mayor Nielsen
None
Allevato (stepped out of the Chamber)
a. INITIATION OF CODE AMENDMENT TO ESTABLISH LAND USE STANDARDS
FOR BUSINESS WITH DRIVE -UP CONVENIENCE WINDOWS, APPROVED
(420.301410.40)
Douglas D. Dumhart, Economic Development Manager, provided a power point
presentation and responded to questions.
Written Communication:
■ Eric Altman, Chamber of Commerce, submitted a letter on July 20, 2009,
encouraging the initiation of a code amendment for businesses with
drive -up windows.
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Public Comment:
Brett Wiles, Carl's Jr., spoke in support of a code amendment that would
allow him to modernize or re -built in order to be able to renew their
franchise agreement with Carl's Jr.
■ Larry Thomas, Chamber of Commerce, spoke in support of initiating a
code amendment to allow drive thru restaurants to update their
businesses.
■ Gila Jones, City resident, suggested that additional drive-thru restaurants
not be permitted in the area of Del Obispo from Ortega Highway to
Camino Capistrano.
Council Comment:
■ Traffic in Del Obispo Street needs to be properly mitigated.
■ Opportunity to re -position the businesses along Del Obispo Street and
eliminate a number of curb cuts.
■ Ortega Interchange project will improve traffic and will eliminate two (2)
drive-thru restaurants in Del Obispo Street.
■ Suggestions to have drive-thru restaurant owners participate in a Code
Amendment Committee.
■ Opportunity to have drive-thru restaurant to re -design to fit more into the
character of the City; and improve economic development.
■ Preference in not having new drive-thru businesses.
■ Standards and appearance need to be of great importance in order to
enhance the character of the community.
■ Drive-thru restaurants should not just be added in, but instead the City
needs to know how to capture potential sales by geographically placing
them throughout the City.
■ Applicant should not pay the whole amount for the Code Amendment.
Council Action: Moved by Mayor Nielsen, seconded by Mayor pro tem Uso, and
carried 4-1 with Council Member Hribar opposed, to approve the initiation of a
code amendment to establish land use standards for businesses with drive -up
convenience windows contingent upon receiving an application requesting a
convenience window (not limited to just drive-thru restaurants) to help fund a
portion of the code amendment costs; staff to bring back to Council a
code amendment with land use standards in a format that only permits new
drive -up restaurants at the complete discretion of the City Council.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Freese, Uso and Mayor
Nielsen
NOES: COUNCIL MEMBER: Hribar
ABSENT: COUNCIL MEMBER: None
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b. MEMORANDUM OF UNDERSTANDING WITH RANCHO VIEJO ROAD
PROPERTIES, LLC, APPROVED. (600.301670.50)
Douglas D. Dumhart, Economic Development Manager, provided a power point
presentation and responded to questions.
Council Comment:
■ Make clear that there are zero entitlement commitments, and the City has
full discretion over future development on the property.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously, to approve A Memorandum of Understanding with
Rancho Viejo Road Properties, LLC for the Grant Deed necessary to complete
CIP No. 404 Rancho Viejo Road and Junipero Serra Road Intersection.
ORDINANCES:
1. ORDINANCE NO. 960 SIGN REGULATION (420.301410.40)
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. 960 entitled,
"AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CODE AMENDMENT (CA) 07-005 TO AMEND THE TITLE 9 OF
THE LAND USE CODE, SECTION 9-3.543 REGULATING SIGNS"
COUNCILMANIC ITEMS:
1. ANNUAL APPOINTMENTS TO THE YOUTH ADVISORY BOARD APPROVED.
(110.20)
Maria Morris, Acting City Clerk, provided a staff report.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Hribar, and carried unanimously, to approve appointments to the Youth Advisory
Board, terms ending August 31, 2010, as follows: Annie Anderson, Kathleen Bell,
Cari Copley, Sindy Garcia, Janelle Jenke, Tara Lanigan, Tyler Marano,
Jose Monroy, Kimberly Rodriguez, Ryan St. Onge, Farida Valji; and
Jennifer Friess and Gerald Muir, Adult Advisors.
07-21-2009
ADJOURNMENT:
There being no further business, Mayor Nielsen adjourned the meeting at 9:56 p.m.
back to Closed Session, and then to Tuesday, August 4, 2009 at 4:30 p.m. for Closed
Session and 6:30 p.m. for the public Business Session, in the City Council Chambers,
and then to August 5, 2009 at 3:00 p.m. for the Long Term Vision/Strategic Plan
Workshop, ir� th City Council Chambers.
RespectWsubmitted,
MARIA Mblb, ACTING CITY CLERK
Approved: August 4, 20091
ATTEST:
�4
MARK , IELSEN, MA OR
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