09-0818_CC_Minutes_Regular MeetingMINUTES
August 18, 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 6:59 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/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.
CITY COUNCIL COMMENTS & ORAL REPORTS.
■ Capistrano Unified School District Board meeting on behalf of Pacifica San Juan
residents to request lower Capital Fund District (CFD) rates.
Long Term Vision/Strategic Plan Workshop.
■ Meeting with Mechelle Lawrence -Adams, Mission San Juan Capistrano.
■ California League of Cities Advocacy Committee meeting.
■ Equestrian Town Hall meeting hosted by the Orange County Equestrian
Coalition.
■ Meeting regarding the Rancho Mission Viejo Riding Park lease.
■ Tour of St. Margaret's School.
■ "Breakthrough Program" Graduation Ceremony for St. Margaret's Episcopal
School.
■ Walk-thru rehearsal for the Marines Corps Mess Night Fundraiser.
■ Shea Center dedication of new building.
■ Orange County Fire Authority Finance Committee meeting.
■ KOCE-TV's interview regarding potential closure of local post office.
• Orange County Housing Advisory Forum.
■ Quarterly Mayor meeting with Commissions/Committees Chairpersons.
■ Meeting with City Manager, Orange County Sheriff and other contract cities
related to police services costs.
08-18-2009
OPEN SPACE COMMITTEE REPORT:
Mayor Nielsen reported that the Open Space Committee received a report from the
City's consultant regarding funding opportunities; the proposed budget for open space
preservation activities; and upcoming recommendations regarding the Shea property.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Downtown Farmer's Market"
• "San Juan Summer Nites" hosted by the City.
■ "Old Fashioned Play Day" hosted by the Mission.
■ "Rancho Mission Viejo Rodeo"
"Music Under the Stars" hosted by the Mission.
■ Multicultural Arts Series will present "Chris Hillman & Herb Pedersen"
■ "Joseph Yashar" performing Spanish music, hosted by the Mission.
■ Mobile Home Residency Law meeting hosted by the City.
■ "Water Workshop" hosed by the City.
■ Ribbon Cutting ceremony for the Grand Opening of Los Rios Park.
■ "Dreamy Mid Summer Night" hosted by the Mission.
INTRODUCTIONS AND PRESENTATIONS
MEDIX AMBULANCE SERVICE RECOGNIZED FOR THEIR MAJOR
SPONSORSHIP OF THE 2009 4th of July CELEBRATION (610.40)
Karen Crocker, Community Services Director, recognized Medix Ambulance for
their sponsorship of the 2009 4th of July celebration. Mayor Nielsen provided
them with a plaque of appreciation.
2. Mayor pro tem Uso introduced the following individuals in attendance: Gail
Zukow, Parks, Recreation and Equestrian Commission; Larry Kramer, Jean
Savage and Matt Gaffney, Transportation Commission; Ginny Kerr, Planning
Commission; and Terry Scortt, Battalion Chief, Orange County Fire Authority.
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.
Art Guevara, City resident, invited the Council to the "Laguna Fine Art" exhibit;
and expressed concerns with recent hate crimes.
Cheryl Burns, City resident, inquired regarding the CEQA environmental report
for the Camino Capistrano parking restriction. Nasser Abbaszadeh, Public Works
Director indicated that the parking Restriction on Camino Capistrano is tentatively
scheduled for the Council meeting of September 15, 2009.
2 08-18-2009
■ Clint Worthington, City resident, thanked the Council for painting curbs and
cleaning up Alipaz Street; distributed pictures regarding parking issues on Alipaz
Street and the need more law enforcement.
■ Larry Kramer, San Juan Capistrano Rotary, distributed registration forms to the
Council for the San Juan Capistrano Ridgewalk and 1 OK Trail Run.
■ Richard Hill Adams, City resident, spoke regarding new graffiti on the bridge at
La Novia Street; and potential problems on the Valle Road bed when the rainy
season arrives. Omar Sandoval, City Attorney reported that three different
bonding companies had responded and had started to do some of the work
needed. Mayor Nielsen expressed his concerns and requested the issued to be
handled in a timely manner.
■ Kim McCarthy, City resident inquired about the progress on the Camino
Capistrano restrictions Environmental Impact Report; requested the formation of
an Ad-hoc Committee regarding Immigration issues; and procedures regarding
affordable housing.
■ Tony Brown, City resident, inquired about the Environmental Impact Report for
the Camino Capistrano. restrictions.
■ Patrick Crowley, distributed to Council an ordinance from the City of
San Clemente regarding commercial vehicle parking.
CONSENT CALENDAR
Council Action: Moved by Council Member Allevato, seconded by Council Member
Hribar, and carried unanimously to approve consent calendar items 1, 2, 5, 6, 9 and 10
as recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES — _REGULAR MEETING OF AUGUST 4, 2009,
APPROVED.
D3. FINAL PARCEL MAP 05-230, APPROVED (420.70)
Nasser Abbaszadeh, Public Works Director responded to questions.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Uso, and carried unanimously to approve Final Parcel Map 05-230; City
Engineer, City Surveyor and City Clerk directed to execute the Final map; and
City Clerk Directed to forward the map to the County Recorder.
D4. PLANS AND SPECIFICATIONS FOR THE DEL OBISPO STREET WIDENING
AT TRABUCO CREEK BRIDGE, APPROVED; AND AMENDMENT TO THE
PERSONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING,
APPROVED (600.30)
Nasser Abbaszadeh, Public Works Director responded to questions.
3 08-18-2009
Council Comment:
■ Preference in not approving cost overruns after the works has been done.
■ Need to have procedures on how to handle change orders.
Council Action: Moved by Mayor Nielsen, seconded by Council Member Freese,
and carried unanimously to approve the Plans and Specifications for Del Obispo
Street Widening at Trabuco Creek Bridge; City Clerk Authorized to received Bids;
Amendment to the Personal Services Agreement with Willdan Engineering,
approved; and staff directed to come back with a procedure on how to handle
future change orders for projects.
D5. RESOLUTION NO. 09-08-18-01 ADOPTED DECLARING DESIGNATED FLEET
INVENTORY AS SURPLUS PROPERTY (670.70)
D6. RESOLUTION NO. 09-08-18-02 ADOPTED UPHOLDING THE APPEAL OF
THE CULTURAL HERITAGE COMMISSION'S ACTION AND APPROVING SITE
PLAN REVIEW 09-001 AT 31501 LA MATANZA STREET (APN 124-203-43)
(CC McCARY HOUSE ADDITION) (EWINGIHERRERA) (410.50)
D7. TEMPORARY LICENSE AGREEMENT FOR PARKING ON A PORTION OF
THE CAPISTRANO DEPOT NORTH PARKING WITH MANNA STATION, INC.;
APPROVED (600,30)
Douglas D. Dumhart, Economic Development Manager, responded to questions
Council Comment:
Would like to add in the future an additional 24 parking stalls.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve a Temporary License Agreement
for parking on a portion of the Capistrano Depot North Parking with Manna
Station Inc.
D8. RESOLUTION NO. 09-08-18-03 ADOPTED DECLARING THE WORK
COMPLETE FOR THE LOS RIOS PARK AND PARKING LOT IMPROVEMENT
PROJECT (600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Comment:
■ Preference in Amendments coming to the Council for approval before the
works is done.
4 08-18-2009
Council Action: Moved by Council Member Freese, seconded by Council
Member Allevato, and carried unanimously to adopt Resolution No. 09-08-18-03
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING THE WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE LOS RIOS PARK AND
PARKING LOT IMPROVEMENT PROJECT (ENVIRONMENTAL
CONSTRUCTION, INC.) (CIP NO. 07203)"; construction cost adjustments of
$202,615.80, approved; Amendment No. 1 to the Personal Services Agreement
with PCR Services Corporation in the amount of $32,800, approved and City
Manager Authorized to execute the amendment; City Clerk directed to process
the recording of the project Notice of Completion; and staff authorized to release
the 10% retention, in the amount of $295,38423, 35 days after recordation.
D9. RESILIENT COMMUNICATIONS AWARDED THE BID FOR PURCHASE OF
SIX (6) CISCO CATALYST NETWORK SWITCHES AND ONE (1) CISCO
SECURITY BUNDLE (370.30)
D10. RESOLUTION NO. 09-08-18-04 ADOPTED AUTHORIZING THE CITY
MANAGER TO REVIEW AND REORGANIZE CITY STAFF POSITIONS (730.30)
PUBLIC HEARING:
E1. RESOLUTION NO. 09-08-18-05 ADOPTED CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT ADOPTING FINDINGS OF FACT,
APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS (SOC),
AND APPROVING A MITIGATED MONITORING REPORTING PROGRAM;
RESOLUTION NO. 09-08-18-06 ADOPTED APPROVING TENTATIVE PARCEL
MAP 07-191, ARCHITECTURAL CONTROL 07-17, AND GRADING
MODIFICATION 07-01; AND FIRST READING AND INTRODUCTION OF AN
ORDINANCE APPROVING REZONE 07-02 (KOLL SAN JUAN), APPROVED
(460.20)
Written Communication:
■ Bob King, President, Save Our San Juan, submitted letters on August 12,
2009 and a petition from the Spotted Bull neighborhood indicating their
concerns with the project.
■ Chris Chapman, City resident, submitted an e-mail on August 16, 2009,
requesting a continuance to the meeting of September 1, 2009.
Steve Apple, Community Development Director and William Ramsey,
Principal Planner, provided an agenda report and responded to questions Scott
Meserve, representing The Koll Company, provided a presentation and
responded to questions.
Mayor Nielsen opened the public hearing and invited testimony.
Public Comments:
■ Bob King, President, Save Our San Juan, submitted documents to the
Council and requested that City Council continue consideration of the
08-18-2009
project to provide the opportunity for the Spotted Bull Lane residents to
work further with The Koll Company toward the development of a
consensus plan..
■ Michael Lee, City resident, expressed concerns that the project did not
sufficiently preserve the knoll feature at the north end of the site; and
concerns with traffic noise and parking lot lights.
■ Douglas K. Wallace, City resident, stated he would like the City to retain
the rural nature of the property; and expressed concerns with traffic
impacts.
■ Russell Reeves, spoke and suggested several ways to improve the
project including reducing the intensity.
Louis Powers, City resident, supported the petition to direct Koll to work
further with Spotted Bull Lane and other interested/affected residents.
■ David Powers, City resident, felt that additional meetings with The Koll
Company were needed and the project was not ready for consideration of
approval at this time.
■ Nick Jordan, City resident, felt that project needed additional work and re-
design to reduce the project mass and protect the knoll.
Carol Soto, spoke in support of the project.
■ Kim McCarthy, City resident, expressed concerns with traffic impacts.
■ Joe Soto, City resident, spoke in support of the project and stated that he
thought all the impacts had been mitigated; and requested trees at the
perimeter, especially adjoining the residential neighborhood to the east,
be increased to 36 inch box trees.
■ Herb Mazorow, City resident, expressed concern that the proposed
buildings would be too close to his property and within view of his
property; but felt that The Koll Company had worked diligently to mitigate
the aesthetic impacts.
Dr. James Sears, City resident, felt additional work needed to be done
with the project to mitigate its impacts; expressed concerns with traffic
safety, and stated that the preservation of the knoll and the berm were
important.
■ Yvonne Tschaikowsky, City resident, expressed concerns with the visual
impacts from the 1-5 corridor resulting from the project grading reducing
the knoll and the berm.
Joe Cardolo, City resident, spoke regarding concerns with traffic safety
and noise impacts.
Council Comments
■ Impressed with changes made to the project by Koll to address the
residents concerns expressed through the workshop process.
■ Project soundwall will reduce noise levels from the freeway.
Preference in building business offices instead of medical or high density
housing units.
■ Preference in not reducing the number of parking spaces .
■ Grading plan was well-designed to retain views from residential properties.
■ Felt the proposed design fits well into the character of the area.
6 08-18-2009
■ Preference to use 36 inch box trees rather than 24 inch box trees at the
perimeter.
■ Increasing police enforcement might help with safety issues concerns,
especially traffic running the Rancho Viejo Road stop sign.
V Importance in preserving natural land formations that are part of the
unique character of the community.
■ The response from The Koll Company dated July 27, 2009 of the
Community Forum (Attachment 5 of the staff report) should be included as
Conditions of Approval.
■ Applicant should work with staff and engineers to achieve the objective to
preserve at least another 5 feet of the knoll.
Maria Morris, Acting City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Freese, and carried unanimously to adopt RESOLUTION NO. 09-06-02-05,
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (EIR) FOR A 66,857 GROSS SQUARE
FEET (GSF) COMMERCIAL OFFICE PROJECT LOCATED ON THE EAST
SIDE OF RANCHO VIEJO ROAD AND NORTH OF SPOTTED BULL LANE
(ASSESSORS PARCEL NUMBERS: 650-011-34 & 39) (KOLL SAN JUAN)";
RESOLUTION NO. 09-06-02-06, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING TENTATIVE PARCEL MAP (TPM) 07-191,
ARCHITECTURAL CONTROL (AC) 07-17, AND GRADING PLAN
MODIFICATION (GPM) 07-01 FOR A 68,000 GROSS SQUARE FEET (GSF)
COMMERCIAL OFFICE PROJECT LOCATED ON THE EAST SIDE OF
RANCHO VIEJO ROAD AND NORTH OF SPOTTED BULL LANE
(ASSESSORS PARCEL NUMBERS: 650-011-34 & 39) (KOLL SAN JUAN)";
Approved first reading and introduction of an ordinance entitled,
"AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING COMPREHENSIVE DEVELOPMENT PLAN 90-02, MAMMOTH
EQUITIES (KOLL SAN JUAN) (KOLL COMPANY) (REZONE 07-02)
(ASSESSORS PARCEL NUMBERS: 650-011-34 & 39), and to include the
following in the conditions of approval:
1) the response from The Koll Company dated July 27, 2009 of the Community
Forum (Attachment 5 of the staff report).
2) the perimeter trees shall be minimum 36 inch box sizes rather than 24 inch
box trees.
3) the free-standing monument sign shall be reduced from 48 square feet to 24
square feet and shall be non -illuminated; and,
4) the applicant to work with staff and engineers to achieve the objective of
preserving at least another 5 to 10 feet of the knoll which may require the
removal of 8-10 parking spaces.
e - . 10I'7
E2. GENERAL PLAN HOUSING ELEMENT CONTINUED TO OCTOBER 20, 2009
(440.25)
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to continue the public hearing to
October 20, 2009.
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency and reconvened following the agency's business.
ADMINISTRATIVE ITEMS:
G1. COMMUNITY DEVELOPMENT DIRECTOR
a. DEVELOPMENT AGREEMENT -RELATED ISSUES FOR GENERAL PLAN
AMENDMENT. (GPA) 06-03, REZONE (RZ) 06-06, ARCHITECTURAL
CONTROL (AC) 07-22, ST. MARGARET'S EPISCOPAL SCHOOL
MASTER PLAN- CONTINUED TO SEPTEMBER 1 a, 2009°
Written Communication:
■ David J. Bush, St. Margaret's Episcopal School, submitted a letter on
August 17, 2009, requesting the item to be continued to the meeting of
September 15, 2009.
G2. UTILITIES DIRECTOR
a. FATS, OILS AND GREASE (FOG) MITIGATION INCENTIVE PROGRAM,
APPROVED (810.80)
Joe Mankawich, Associate Engineer, and West Curry, Assistant Utilities Director
provided a staff report and responded to questions.
Council Comment:
■ Preference in the City paying for 70% of the cost up to a cap.
■ Smaller restaurant have the greatest economical need.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously, to approve the Fats, Oils, and Grease
(FOG) mitigated incentive program, which aids food services establishments in
meeting City regulations by reimbursing up to $15,000 for an establishment's
installation of an approved grease collection system.
8 08-18-2009
b. STAGE 1 WATER CONSERVATION IMPLEMENTATION RESULTS,
RECEIVED AND FILED (1050.90)
Francie Kennedy, Water Conservation Coordinator, provided a staff report and
responded to questions.
Council Action: Moved by Council Member Freese, seconded by Council
Member Hribar, and carried unanimously, to receive and file the Stage 1 Water
Conservation Implementation Results,
c. PROGRESS REPORT ON FINANCIAL INCENTIVES FOR WATER
CUSTOMERS, RECEIVED AND FILED; AND APPROPRIATION OF FUNDS TO
CONTINUE THE TOILET RETROFIT PROGRAM.
Francie Kennedy, Water Conservation Coordinator, provided a staff report and
responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Freese, and carried unanimously to receive and file the. progress report on
financial incentives for water customers; and approve the appropriation of
$100,000 from the Operation Fund Penalty Reserve to continue the Toilet
Retrofit Pilot with 500 toilets.
G3 CITY ATTORNEY
a. BUSINESS LICENSE REGULATIONS AND ENFORCEMENT REFERRED TO
THE FEES AND CHARGES SUBCOMMITTEE FOR REVIEW (390.60)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions.
Public Comment:
■ Joe Napoli, spoke regarding a notice of violation that he received, and felt
that the violation fees should be waived due to lack of prior notification.
Matthew Spaulding, felt that the business license regulation ordinance
was misinterpreted by the City, and indicated that he would contest in a
court of law.
Council Comment:
■ Preference in referring to the Fees and Charges Subcommittee for review,
■ Need to be able to communicate by giving a warning before enforcement.
■ Council should have the discretion to waive violation fees.
■ Opportunity to enforce overcrowding.
ORDINANCES: None
COUNCILMANIC ITEMS: None
9 08-18-2009
S_ I G i_ 1 ll NNW
There being no further business, Mayor Nielsen adjourned the meeting at 12:27 a.m.
back to Closed Session, and then to Tuesday, September 1, 2009 at 5:30 p.m. for
Closed Session and 6:30 p.m. for the public Business Session, in the City Council
Chambers. I
bmitted,
MAI'4A-M-ORMS, ACTT CITY CLERK
Approved: September 1, 2009
ATTEST:
--) / 6t
M RK NIE SEN, M YOR
10 08-18-2009