09-0804_CC_Minutes_Adjourned Regular MeetingMINUTES
August 4, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
CLOSED SESSION:
Mayor Nielsen called the Adjourned Regular Meeting of the City Council to order at
4:32 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
Item A — Public Correspondence:
■ Gary L. Hausdorfer, correspondence received August 3, 2009, supporting
the acquisition of the land as permanent open space.
Item A — Public Comment: The following persons spoke in support for the City to
purchase the property:
Diane Harkey, Assemblywoman; Brandon Birtcher, City resident; RJ Brandes, Blenheim
Facility Management; Robert Ridland, Blenheim EquiSports; Don Ebert, EquiSports;
Mellisa Braunstein, Blenheim Facility Management; Mechelle Lawrence Adams, Mission
San Juan Capistrano; H.J. Weiland, City resident; Darrin Silveria, San Juan Capistrano
Little League; Matt Gaffney. Open Space Committee/Transportation Commission;
Gail Zukow, Parks, Recreation and Equestrian Commission; Esther Walker, City resident;
John Murphy, United Futbol Club; Kate Roth, City resident; Fred E. Berg, Southern
California Blues Soccer; Ilse Byrnes, Parks, Recreation and Equestrian Commission;
Anne Forster, Las Vaqueras Riding Group; Michael W. Johnson, Johnson & Johnson,
LLPIWilliam-Wallace, Inc.; Ginny Kerr, Planning Commission; Diane Carter, American
Horse Products; Jim Carter, American Horse Products; David Fauhersack, City resident;
Mike Barth, City resident; Joe Davis, City resident; Mark Hedgpeth, Equestrian Coalition
of Orange County; Colleen Edwards, City resident (handed out a list of supporters);
Kim Lefner, City resident (concerned with operation & maintenance costs); Helen Welch,
Rancho Carrillo resident (handed out a newspaper article to the Council regarding the
Blenheim Horseshows moving to the City of Norco); Janice Posnikoff Dum, Equestrian
Coalition of Orange County; Joan Irvine Smith; City resident.
111001TWOOM
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 conferred
with real property negotiators (City Manager and Open Space Finance
Sub -Committee) regarding the price and terms of payment for acquisition for
real property described as APN 125-172-07 and APN 125-172-17, generally
located west of La Pata and south of Ortega Highway. The property owner
is Rancho Mission Viejo (RMV).
b. Pursuant to Government Code Section 54956.9(c) the City Council
conferred with legal counsel pertaining to the commencement of litigation
involving one potential item.
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of
San Juan Capistrano to at 6:50 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Mayor pro tem Uso 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
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:
Omar Sandoval, City Attorney announced that the City Council authorized its legal
counsel to join a proposed litigation against the State of California over the take away of
local funds.
CITY COUNCIL COMMENTS & ORAL REPORTS:
■ Luncheon Meeting with Lt. Governor Jerry Brown.
■ Chamber of Commerce installation of new officers Banquet and Awards
Ceremony.
■ Tour of the Rancho Mission Viejo Riding Park.
Meeting regarding the Hsiao-Williams parcel and proposed private university
project.
■ Joint Marketing Ad -Hoc Committee meeting -- Toll Road Corridor Agencies.
■ Marine 1111 Adoption Committee meeting regarding "Mess Night" at Marbella
Country Club.
2 08-04-2009
■ Breakfast meeting regarding future plans for the Mission.
■ Water related meetings.
■ Request to send a Resolution to the Post Master General against the possible
closure of the post office.
■ Meeting with representatives from St. Margaret's regarding expansion plans.
s Mayor's Breakfast with the Orange County Transit Authority regarding upcoming
costs.
Orange County Fire Authority meeting.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the next meeting of the Open Space Committee will be held
August 17, 2009 at 7:00 p.m.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Saturday Art Fair"
■ Classical Guitarist, Joseph Yashar, at the Mission.
■ "Capistrano Cup" Youth Soccer Tournament, Sports Park and J Serra High School.
■ "Rancho Mission Viejo Rodeo", at the Oaks Polo Fields.
■ "Military Style Mess Night" Fundraiser for the adopted, 1St Battalion 11th Marines.
INTRODUCTIONS AND PRESENTATIONS
1. RECOGNITION OF OUTGOING YOUTH ADVISORY BOARD MEMBERS DEREK
DECARO, GEORGINA LEAN, JILL COPLEY, KELSEY ST. ONCE, RACHEL
SHANGRAW, HILARY VANSELL, BRETT BELL, MICHAEL CHEVALLIER,
BRANDON SISOLA, BRENDAN DILLOUGHERY AND ADULT ADVISOR JAMES
SCHENOLD FOR SERVICE TO THE CITY (610.40)
Cynthia L. Russell, Assistant City Manager, recognized outgoing Youth Advisory
Members and Mayor Nielsen presented them with Certificates of Recognition.
2. HEIDI IVANOFF, RECREATION COORDINATOR, RECOGNIZED FOR 25
YEARS OF SERVICE TO THE CITY (730.20)
Karen Crocker, Community Services Director, recognized Heidi Ivanoff, Recreation
Coordinator, for 25 years of service to the City and Mayor Nielsen presented her
with a Certificate of Recognition.
3. RECOGNITION OF LONG TERM EMPLOYEE — DEBBIE EVENSON, ITEM
PULLED (730.20)
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4. MIKE SMITH, WATER CONSTRUCTION INSPECTOR, RECOGNIZED FOR 20
YEARS OF SERVICE TO THE CITY (730.20)
Joe Tait, Interim Public Works Director, recognized Mike Smith, Water
Construction Inspector, for 20 years of service to the City and Mayor Nielsen
presented him with a Certificate of Recognition.
5. MAYOR PRO TEM USO INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Jan Siegel, Lorie Porter and Don Tryon, Cultural Heritage
Commission; Matt Gaffney, Transportation Commission; Dave Solt, Housing
Advisory Board; and Ginny Kerr, Planning Commission.
ORAL COMMUNICATIONS
■ Joan Irvine Smith, City resident, spoke regarding the Ortega Highway Widening
Project and Toll Road extension.
■ Art Oronoz, City resident, spoke regarding low income housing.
■ Sia Adabkah, Denny's Restaurant, spoke regarding business license violations
received by the City.
■ Vicki Jobe, Cancer Society, provided the Council with collectible pias and a banner
promoting "Relay for Life".
■ Joseph Napoli, City resident, expressed concerns with parking restrictions on the
west side of Alipaz Street.
■ Art Guevara, City resident, invited the Council to an art show at the Library; and
increase in hate crimes.
■ Mary Wood, City resident, spoke on the hardship Assembly Bill 761 (rent control)
will create for seniors.
■ Dave Solt, City resident, invited the Council to attend a Community Dialogue to
learn about legal responsibility of building affordable housing.
■ Clint Worthington, City resident, spoke regarding cleaning up Alipaz Street and
handed out pictures to the Council.
■ Jaime Granados & Donaciano Loya, City residents, spoke regarding concerns with
parking restrictions on Alipaz Street.
■ Kim McCarthy, City resident, requested the Council to form an Ad-hoc Committee
to address illegal immigration issues.
■ Steve Nelson, City resident, spoke regarding illegal immigration issues.
■ Cheryl Burns, City resident, Spoke regarding illegal immigration; and distributed a
packet to the Council regarding the murder of a Border Patrol Officer.
■ Patrick Crowley, City resident, spoke regarding double standards for 3 minute
speaker time; banning commercial vehicle form parking on Alipaz Street; and using
the E -verify program on residents when issuing permits for City parking programs.
4 08-04-2009
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and
carried unanimously to approve consent calendar items 1 through 4 and 7 as
recommended by staff.
D2. CITY COUNCIL MINUTES — REGULAR MEETING OF JULY 21, 2009,
APPROVED AS SUBMITTED.
D3. CITY COUNCIL MINUTES — SPECIAL MEETING OF JULY 21, 2009,
(CLOSED SESSION), APPROVED AS SUBMITTED.
D4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JUNE 16, 2009 (LONG TERM VISION/STRATEGIC PLAN WORKSHOP),
APPROVED AS SUBMITTED.
D5. ACCOUNTS PAYABLE WARRANTS and PAYROLL WARRANTS, RECEIVED
AND FILED (300.30)
Cynthia L. Russell, Assistant City Manager, responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to approve Accounts Payable Warrants dated
July 2, 2009, in the total amount of $3,299,352.57 and July 16, 2009 in the. total
amount of $1,869,409.84; and Payroll Warrants dated June 26, 2009 in the total
amount of $225,184.39 and July 10, 2009 in the total amount of $183,856.09
D6. AMENDATORY AGREEMENT WITH CANNON PACIFIC, APPROVED (600.30)
Jill Thomas, Senior Management Analyst responded to questions.
Council Action: Moved by Mayor Nielsen, seconded by Mayor pro tem Uso, and
carried unanimously to approve the Amendatory Agreement with Cannon Pacific
for three years with five year renewal options, approved; renewal options to include
all urban consumer price index adjustments from Fiscal Year 2012 forward;
contract modified costs to hold at current expense level through extended initial
term
(less green waste savings), for a new annual contract total of $138,777 through
June 30, 2012; and City Manager authorized to execute the agreement
D7. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
JANUARY 15, 2009, RECEIVED AND FILED (440.10)
5 08-04-2009
D8. RESOLUTION NO. 09-08-04-01 ADOPTED, SETTING THE TAX RATE OF
$0.02511 PER $100 OF ASSESSED VALUATION (MEASURE D-1990) (340.30)
Cynthia L. Russell, Assistant City Manager, responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Uso, and carried unanimously to adopt RESOLUTION
No. 09-08-04-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, ESTABLISHING THE PROPERTY TAX
RATE AND FIXED CHARGE ASSESSMENTS FOR BONDED INDEBTEDNESS
FOR FISCAL YEAR 2009-10"; and City Clerk to forward a certified copy of the
resolution to the Orange County Assessor and Auditor Controller offices for
inclusion on the 2009/2090 tax rolls.
D9. DISPOSITION PLAN OF THE SALVAGED PORTIONS OF THE GOODWIN-
ROSENBAUM HOUSE AND OTHER ITEMS, APPROVED (910.50)
Teri Delcamp, Historic Management Analyst, provided a staff report and responded
to questions.
Council Comment:
■ Preference for the salvaged building materials. staying in San Juan
Capistrano and not for re -sale.
Council Action: Moved by Council Member Freese, seconded by Council Member
Allevato, and carried unanimously to approve the disposition plan of the salvaged
portions of the Goodwin -Rosenbaum House and other items, approved; and
preference for the salvaged building materials to stay in San Juan Capistrano.
D10. OPEN SPACE (MEASURE Y-2008) GENERAL OBLIGATION REFUNDING BOND
PROPERTY TAX RATE FOR FISCAL YEAR 2009/2010 (340.30) — ITEM PULLED
BY STAFF.
PUBLIC HEARING:
E1. RESOLUTION NO. 09-08-04-02 ADOPTED CONFIRMING THE 2009 WEED
ABATEMENT COST REPORT AND AUTHORIZING THE ORANGE COUNTY
AUDITOR -CONTROLLER'S OFFICE TO INCLUDE ASSESSMENTS ON
PROPERTY TAX ROLL (540.70)
Nasser Abbaszadeh, Public Works Director, provided an agenda report and
responded to questions.
Mayor Nielsen opened the public hearing and invited testimony. No public
testimony was provided. Mayor Nielsen closed the public hearing.
08-04-2009
Council Action: Moved by Mayor pro tem Uso, seconded by Council
Member Freese, and carried unanimously to adopt RESOLUTION
NO. 09-08-04-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CONFIRMING THE COST REPORT FOR
THE 2009 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN
CAPISTRANO" as identified during the public hearing.
E2. RESOLUTION NO. 09-08-04-03 ADOPTED DENYING THE APPLICANT APPEAL
AND UPHOLDING THE PLANNING COMMISSION DENIAL OF THE SIGN
PERMIT APPEAL (4G WIRELESS VERIZON) (410.60)
Nick Taylor, Planning Technician, provided an agenda report and responded to
questions.
Public Correspondence:
■ Sidney M. Sadeghi, Esq., e-mail received August 3, 2009, requesting a
continuance of the sign permit appeal public hearing.
Mayor Nielsen opened the public hearing and invited testimony.
Public Comment:
■ Sidney M. Sadeghi, Attorney representing 4G Wireless Verizon, requested a
continuance of the public hearing and responded to questions.
■ Clint Worthington, City resident, felt 4G Wireless should follow the sign laws
established by the City.
Mayor Nielsen closed the public hearing.
Council Comment:
■ Need to keep the characteristic of town.
■ Preference in having sign type "A".
■ Applicant encouraged to submit a new sign application for consideration.
■ Disappointment with temporary signs being used by the applicant that are in
violation of the Municipal Code.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously to adopt RESOLUTION
NO. 09-08-04-03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE.
CITY OF SAN JUAN CAPISTRANO, DENYING THE APPEAL OF SIGN PERMIT
(SP) 09-006, THEREBY UPHOLDING THE PLANNING COMMISSION DENIAL,
AT 31878 DEL OBISPO STREET, SUITE #128 (APN 668-241-22)
(MO HONARKAR) (4G WIRELESS VERIZON).
08-04-2009
E3. APPEAL UPHELD APPROVING THE SITE PLAN REVIEW 09-001 FOR THE
McCARY HOUSE ADDITION (EWING/HERRERA) (410.50)
Teri Delcamp, Historic Preservation Manager, provided an agenda report and
responded to questions.
David Ewing, applicant, provided a slide presentation and responded to questions.
Mayor Nielsen opened the public nearing and invited testimony.
Public Comment:
■ Jan Siegel, Cultural Heritage Commission, felt the addition was too modern
and massive for the unique Mission Fiat area, and responded to questions.
■ Juan Herrera, City resident, spoke in favor of the house addition.
■ Dawn Tucker, City resident, spoke in favor of the house addition.
■ Todd Tucker, City resident, spoke in favor of the house addition.
Tony Brown, City resident, concerned with the style and setting a precedent
for the area.
■ Lisa Palmer, City resident, spoke in favor of adding the house addition.
■ Dave Faylor, City resident, felt that the home addition should be allowed as
long as is done by the rules.
■ Anthony Brown, City resident, spoke in favor of the house addition.
■ Geoff Sumich. City resident, felt the neighbor is very diverse and supported
the house addition.
■ Orrie Brown, City resident, felt the house addition would set precedence in
the neighborhood and was concern with the empty lot adjacent to the home.
■ Lorie Porter, Cultural Heritage Commission, felt the addition would be too
massive and modern for the neighborhood.
Mayor Nielsen closed the public hearing.
Council Comment:
■ Felt applicant had followed the rules.
■ Neighborhood area is eclectic.
■ Current Douse color fits better with the style of the house.
p Addition would enhance the neighborhood.
■ .1.8 deviation from the maximum lot coverage is not sufficient to denied the
project.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Uso, and carried unanimously to upheld the appeal approving the proposed Site
Plan Review 09-001 based on findings previous proposed by staff; and staff
directed to bring back to Council a resolution reflecting said approval with
conditions.
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RECESS AND RECONVENE
Council recessed to convene to the San Juan. Capistrano Community Redevelopment
Agency, and reconvened following.
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. OLD FIRE STATION IMPACT REPORT, RECEIVED AND FILED (600.30)
Karen Crocker, Community Services Director, provided an agenda report and
responded to questions.
Public Comment:
■ Kim McCarthy, City resident, felt CHEC should only serve legal residents.
• Orrie Brown, City resident, felt CHEC only serves the Hispanic community.
■ Patrick Crowley, City resident, asked for the termination of the License
Agreement.
■ Cheryl Burns, City resident, felt services provided by CHEC only serves the
Hispanic Community.
■ Christy Cornwell, Mission Hospital, explained CHEC's services and
responded to questions.
Council Comment:
■ Would like to bring back to Council in order to provide more information
about the impacts to the neighborhood and be able to expand the
notification.
■ Felt concerns are driven by immigration issues rather than by impacts to the
neighborhood.
■ Not a good time to cut services to the community due to a bad economy.
■ Preference in not re -surveying the neighborhood for impacts and to bring
back to Council the License Agreement when is due to expire before
May 2010.
ORDINANCES: None
COUNCILMANIC ITEMS:
11. COUNCIL MEMBER FREESE SELECTED AS THE VOTING DELEGATE;
COUNCIL MEMBER ALLEVATO AND COUNCIL MEMBER HRIBAR SELECTED
AS ALTERNATE VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA
CITIES 2009 ANNUAL CONFERENCE (140.20)
Maria Morris, Acting City Clerk, provided an agenda report and responded to
questions.
` 08-04-2009
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Uso, and carried unanimously to select Council Member Freese as the voting
delegate, and Council Member Allevato, and Council Member Hribar as alternate
voting delegates for the League of California Cities 2009 Annual Conference.
Council Member Hribar requested to agendize non-resident mitigation fee for private
schools.
Mayor pro tem Uso requested to agendize the Option Agreement for the "Orchards/CLC"
project before the joint City Council/Planning Commission workshop.
Council Member Hribar recommended placing a sign in the back of the Council Chamber
that would prevent people from standing behind the room and talking during
Council meetings.
Council Member Allevato reported that US Fisheries are moving forward with the
introduction of steelhead trout into the rivers of our coasts including San Joan Creek,
which would restrict the amount of ground water allowed to take from the City's water
basins.
Joe Tait, Interim City Manager informed the Council that the State of California is in the
process of approving the right of residential owners to legally use graywater on their
property.
ADJOURNMENT:
There being no further business, Mayor Nielsen adjourned the meeting at 11:47 p.m. to
Wednesday, August 5, 2009 at 3:00 p.m. for a Long TermNision Strategic Plan
Workshop and then to the Regular Meeting of Tuesday, August 18, 2009 at 5.30 p.m. for
Closed Session, and 6:30 p.m. for the public Business Session, in the City Council
Chambs.
spectft�l,!&,I!0�bmitted.,
A n
i
Rl$, ACTING TY CLERK
Approved: August 18, 2
ATTEST:
mARk NIELSEN, PAYOR
10 08-04-2009