09-1006_CC_Minutes_Regular MeetingMINUTES
October 6, 2009
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Nielsen called the Regular Meeting of the City Council to order at
5:34 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 54956.9(x), the City Council
conferred with legal counsel pertaining to existing litigation involving the
matter of Casitas Capistrano Association Number Two, Inc. vs. California
Department of Transportation and the City of San Juan Capistrano.
b. Pursuant to Government Code Section 54957, the City Council considered
the appointment or employment of a City Clerk.
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of
San Juan Capistrano at 6:36 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Mayor pro tem Uso gave the invocation.
Council Member Hribar dedicated the meeting to the memory of Leona Fitzpatrick.
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese,
Mayor pro tem Dr. Londres Uso and Mayor Nielsen
COUNCIL MEMBERSIDIRECTORS ABSENT: None
1 10-06-2009
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:
Meeting with Capistrano Unified School District officials regarding request to lower
Capital Fund District (CFD) rates for Pacifica San Juan residents.
■ Teleworks Communication System presentation.
■ Toll Road Agency meeting.
■ "Ridgewalk" event.
■ Memorial services for Will Timoti.
■ Staff thanked for tearing down and rebuilding the wall on Del Obispo Street.
■ Mayor was thanked for participating and singing at the "Mess Night" event.
■ League of California Cities Conference.
■ Meetings with City Commissioners.
■ Vector Control Meeting.
■ San Juan Basin meeting.
■ Shea Therapeutic Center Barbeque.
■ League of Women Voters Water Forum.
■ "Great Western Grub Feast" event.
■ Meeting with Will Kempton, new Orange County Transportation Authority CEO,
regarding bus services and Metrolink services reductions.
■ Tri -City Trolley Program meeting.
■ Meeting regarding funding for municipal bus/trolley services.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the Open Space Committee will not have a meeting in
October and will bring updates to the November 2, 2009 Council meeting regarding the
Open Space Master Plan.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Downtown Farmer's Market"
■ "Geek Speaks Business Peaks" hosted by the Chamber of Commerce.
■ "Art Fair" in Downtown San Juan Capistrano.
■ Joseph Yasha, Classical Guitarist, hosted by the Mission.
■ "Demystifying Financial Statements", Hosted by SCORE.
■ "Gold Rush" exhibit, hosted by the Mission.
■ "Farewell to the Swallows", hosted by the Chamber of Commerce.
■ Boys & Girls Clubs Tennis Tournament, Feld at the Marbella Country Club.
2 10-06-2009
INTRODUCTIONS AND PRESENTATIONS
1. ORANGE COUNTY FIRE CHIEF KEITH RICHTER INTRODUCED HIMSELF TO
THE CITY COUNCIL AND THE COMMUNITY AS THE NEW FIRE CHIEF
(610.40)
2. OCTOBER 4 THROUGH 10, 2009 PROCLAIMED AS FIRE PREVENTION WEEK
(610.40)
Mayor Nielsen proclaimed October 4 through 10, 2009 as Fire Prevention Week
and presented a proclamation to Orange County Fire Authority Division Chief
Rick Robinson.
3. OCTOBER 2009 PROCLAIMED AS ITALIAN -AMERICAN MONTH (730.20)
Mayor Nielsen proclaimed October 2009 as Italian -American month and presented
a proclamation to Vicky Carabini, Ambassador to San Juan Capistrano's Sister
City of Capestrano, Italy.
4. RECOGNITION OF LONG TERM EMPLOYEE — IRENE MARCOTE, ITEM
PULLED (730.20)
5. MARIA MORRIS, ACTING CITY CLERK RECOGNIZED FOR 10 YEARSOF
SERVICE TO THE CITY (730.20)
Joe Tait, Interim Utilities Director, recognized Maria Morris, Acting City Clerk for
10 years of service to the City and Mayor Nielsen presented her with a Certificate
of Recognition.
6. MAYOR PRO TEM USO INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Gail Zukow, Parks, Recreation & Equestrian Commission;
Matt Gaffney, Transportation Commission; and Orange County Fire Authority
Division Chief Rick Robinson.
ORAL COMMUNICATIONS
0 ,loan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening and the Irvine Museum's new book entitled, "Selections from
the Irvine Museum".
■ Donna Kalez, San Clemente, asked the City Council for support on Map 2 for the
California Marine Life Protection Act.
■ Michael Moyles, City resident spoke .regarding the need of overnight parking for
commercial vehicles.
ff Mamie Maywhort, Homefront America, thanked the City Council for the support at
the "Great Western Grub Feast".
3 10-06-2009
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato,
and carried unanimously to approve consent calendar items 1 through 5 and 11
through15 as recommended by staff.
D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
D2. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 15, 2009,
APPROVED AS SUBMITTED,
D3. CASH BALANCES BY FUND —JUNE 30, 2009, RECEIVED AND FILED (330.50)
D4. REPORT OF INVESTMENTS — MONTH ENDING JUNE 30, 2009, RECEIVED
AND FILED; AND CITY CLERK DIRECTED TO FORWARD THE REPORT OF
INVESTMENTS FOR THE MONTH JUNE; 30, 2009 TO THE CALIFORNIA DEBT
AND INVESTMENT ADVISORY COMMISSION (350.30)
D5. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 27, 2009 IN THE TOTAL
AMOUNT OF $5,189,193.77 AND SEPTEMBER 10, 2009 IN THE TOTAL
AMOUNT OF $1,975,146.76; AND PAYROLL WARRANTS DATED AUGUST 21,
2009 IN THE TOTAL AMOUNT OF $191,360.82, AND SEPTEMBER 4, 2009 IN
THE TOTAL AMOUNT OF $189,528.17, RECEIVED AND FILED (300.30)
D6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
SEPTEMBER 15, 2009 RECEIVED AND FILED (440.'10)
Steve Apple, Community Development Director, responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Allevato, and carried unanimously to receive and file the new
development applications status report.
D7. STATUS REPORT ON THE WIDENING OF A SECTION OF VALLE ROAD FOR
TENTATIVE TRACT MAPS 14196 AND 15609 — SUNCAL DEVELOPMENT,
RECEIVED AND FILED (420.40/600.30)
Nasser Abbaszadeh, Public Works Director, provided a staff report and responded
to questions. Brad Anderson, Contractor responded to questions.
Council Comment:
■ Request for a three month project plan including regular update reports.
Council Action: Moved by Mayor Nielsen, seconded by Council Member
Hribar, and carried unanimously to receive and file the status report; and staff
directed to bring back to the next City Council meeting a specific project plan and
diagrams and regular update reports.
4 10-06-2009
D8. BRING BACK TO CITY COUNCIL A RESOLUTION TO PROHIBIT PARKING ON
THE NORTH WEST SIDE OF ALIPAZ STREET, EXCEPT FOR THE AREA FROM
DEL OBISPO TO THE ALLEY WAY (570.20)
Written Correspondence
■ Robert C. Gannon and Miriam L. Gannon, City residents, submitted a letter
dated September 29, 2009, in opposition to parking prohibition on the west
side of Alipaz Street.
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to
questions.
Public Comment:
■ Matt Gaffney, Transportation Commission, gave an overview of the Traffic
Commission's recommendation.
■ Joe Napoli, City resident, expressed concerns with lack of parking for his
tenants, and responded to questions from the City Council.
■ Tom and Julie Boyd, City residents, provided pictures and correspondence
to the City Council in opposition to parking on the west side of Alipaz Street
for safety reasons.
■ Alvin Ehrig, City resident, distributed pictures to the City Council; and spoke
in opposition to parking on the west side of Alipaz Street.
■ Eric Johnson, City resident, spoke in favor of prohibiting parking on the west
side of Alipaz Street due to safety. reasons with the exception on the wider
area of the street from Del Obispo street to the alleyway.
■ Pete Gannon, speaking on behalf of Robert C. Gannon and Miriam L.
Gannon, in opposition of prohibiting parking on Alipaz Street that would
create overflow to other residential areas.
Council Comment:
■ Parking should be allowed in the area from Del Obispo Street to the alley
way where the street is wider.
■ Alipaz Street should be widen as a solution.
■ Need to find overnight parking solutions in town.
■ Garages need to be regulated to make sure that they are used for parking
instead of storage.
■ Concerns with safety issues.
■ Concern with moving too fast to prohibit parking on both sides of the street.
■ Widening the street might create a greater safety issue with increase in the
speed of traffic.
■ Should widen the first 100-200 feet of the street past the park where the
narrowing exists.
■ Widening the road will change the country look of the road.
5 10-06-2009
Council Action: Moved by Council Member Freese, seconded by Council
Member Allevato, and carried 3-2, with Mayor Nielsen and Council Member Hribar
opposed to direct staff to bring back to City Council a resolution to prohibit parking
on the north west side of Alipaz, except for the area from Del Obispo to the
alley way.
ROLL CALL:
AYES: COUNCIL MEMBER
NOES: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
Allevato, Freese and Mayor pro tem Uso
Hribar and Mayor Nielsen
None
D9. KEC ENGINEERING, INC. AWARDED THE CONTRACT FOR THE CITY'S
SEWER HYDRAULIC CAPACITY PROJECT NO. 4 AND PERSONAL SERVICES
AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES WITH LAWSON &
ASSOCIATES GEOTECHNICAL CONSULTING, INC, AND TETRA TECH, INC.,
APPROVED (CIP NO. 07702); AND CITY MANAGER AUTHORIZED TO
EXECUTE THE PERSONAL SERVICES AGREEMENTS (600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Comment:
■ Staff directed to bring back a report with re -allocation of funding not used in
the project.
Council Action: Moved by Council Member Freese, seconded by Mayor pro
tem Uso, and carried unanimously to award the contract for City Sewer Hydraulic
Capacity Project No. 4 to the lowest responsible bidder, KEC Engineering, Inc. in
the amount of $553,300, and all other bids rejected; Personal Services
Agreements with Lawson & Associates Geotechnical Consulting, Inc. and Tetra
Tech, Inc. for Construction support services in the total amount of $23,715,
approved; and City Manager authorized to execute the agreements.
D10. KEC ENGINEERING, INC. AWARDED THE CONTRACT FOR THE CITY'S
SEWER HYDRAULIC CAPACITY PROJECT NO. 2 AND PERSONAL SERVICES
AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES WITH LAWSON &
ASSOCIATES GEOTECHNICAL CONSULTING, INC, AND HALL & FOREMAN,
INC., APPROVED (CIP NO. 07704); AND CITY MANAGER AUTHORIZED TO
EXECUTE THE PERSONAL SERVICES AGREEMENTS (600.30)
Council Comment:
Staff directed to bring back a report with re -allocation of funding not used in
the project.
6 10-06-2009
Council Action: Moved by Mayor Nielsen, seconded by Council Member
Hribar, and carried unanimously to ,award the contract for City Sewer Hydraulic
Capacity No. 2 to the lowest responsible bidder, KEC Engineering, Inc. in the
amount of $721,453, and all other bids rejected; Personal Services Agreements
with Lawson & Associates Geotechnical Consulting, Inc., and Hail & Foreman, Inc.
for construction support services in the total amount of $22,690, approved; and
City Manager authorized to execute the agreements.
D11. RESOLUTION NO. 09-10-06-01 ADOPTED APPROVING THE PROPERTY TAX
EXCHANGE AGREEMENT WITH THE COUNTY OF ORANGE FOR THE
RANCHO MISSION VIEJO ANNEXATION (600.50)
D12. ALTERNATIVE HABITAT RESTORATION PROGRAM FOR THE APPLICATION
FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM
TO THE STATE OF CALIFORNIA, CALIFORNIA STATE PARKS, RECEIVED
AND FILED (530.10)
D13. TOLLING AGREEMENT BETWEEN THE CASITAS CAPISTRANO
ASSOCIATION NUMBER TWO, INC., CALIFORNIA DEPARTMENT OF
TRANSPORTATION, AND THE CITY OF SAN JUAN CAPISTRANO, APPROVED
(600.30)
D14. PURCHASE OF REVERSE OSMOSIS MEMBRANES FOR THE GROUND
WATER RECOVERY PLANT FROM TORAY MEMBRANES USA,
INCORPORATED, APPROVED (370.30)
D15. AGREEMENT FOR THE INSTALLATION OF VERITABLE FREQUENCY DRIVE
SYSTEMS FOR THE GROUND WATER RECOVERY PLANT WITH DAP
ELECTRIC, INCORPORATED, APPROVED (600.30)
PUBLIC HEARING: None
RECESS AND RECONVENE
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency, and reconvened following.
ADMINISTRATIVE ITEMS:
a. IMPLEMENTATION AGREEMENT BETWEEN RMV (RANCHO MISSION VIEJO)
COMMUNITY DEVELOPMENT, LLC AND DMB SAN JUAN INVESTMENT
NORTH, LLC, AND THE CITY OF SAN JUAN CAPISTRANO, APPROVED
(600.30)
7 10-06-2009
Omar Sandoval, City Attorney, provided an agenda report and responded to
questions.
Public Comment:
Phillip Schwartze, City resident, indicated that the annexation process is
long; and volunteered his time at no expense to assist the City through the
process.
Council Comment:
■ City Manager should be authorized to negotiate and determine who should
attend the negotiation meetings.
Cost to the City should be capped at $40,000.
■ Section 11. of agreement under Indemnification, (with counsel of RMV's
choice).
Council Action: Moved by Mayor Nielsen, seconded by Mayor pro tem Uso,
and carried unanimously to approve the LAFCO Implementation Agreement
between RMV Community Development, LLC and DMB San Juan Investment
North, LLC, and the City of San Juan Capistrano subjected to the City Manager
negotiating a not to exceed reimbursement amount; and Section 11 of agreement
under Indemnification to be revised to remove (with counsel of RMV's choice); and
City Manager directed to report back to the Council the amount negotiated.
CeT,�+i�i7�RRlr•�i'a 71TA INs]fr•ilr]:xi�]�
a. RESOLUTION NO. 09-10-06-02 ADOPTED FOR THE ISSUANCE OF
GENERAL OBLIGATION BONDS, ELECTION OF 2008 SERIES 2009 A
(OPEN SPACE MEASURE) AND RESOLUTION NO. 09-10-06-03 ADOPTED
DECLARING THE INTEND TO SELL BONDS AND DIRECTING PUBLICATION
OF THE NOTICE INVITING BIDS (340.20)
Cindy Russell, Assistant City Manager, provided an agenda report and responded
to questions. Kurt Yeager, Stradling, Yocca, Carlson & Rauth, and Jim Fabian,
Fieldman, Rolapp & Associates gave a presentation and responded to questions.
Council Comment:
■ Attachment 4 to the Staff Report (Preliminary Official Statement) to exclude
paragraph 3 of page 3 "The City intends to use any remaining balance of
the Bond proceeds to acquire or construct improvements to open space in
the Northwest area of the City acquired last year from J.F. Shea....).
Council Action: Moved by Mayor pro tem Uso, seconded by
Council Member Hribar, and carried unanimously to adopt RESOLUTION NO.
09-10-06-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE ISSUANCE
OF ITS GENERAL OBLIGATION BONDS, ELECTION OF 2008, SERIES 2009A
(OPEN SPACE MEASURE) IN THE PRINCIPAL AMOUNT NOT TO EXCEED
8 10-06-2009
THIRTY MILLION DOLLARS (30,000,000); and adopt RESOLUTION NO.
09-10-06-03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN ,JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO
SELL BONDS OF SAID CITY IN THE AMOUNT NOT TO EXCEED THIRTY
MILLIONS DOLLARS ($30,000,000), FIXING THE TIME AND PLACE FOR
TAKING BIDS AND DIRECTING PUBLICATION OF NOTICE INVITING."
b. RESOLUTION NO. 09-10-06-04 ADOPTED ESTABLISHING THE CITIZENS'
BOND OVERSIGHT AD-HOC COMMITTEE (340.20)
Cindy Russell, Assistant City Manager, provided an agenda report and responded
to questions.
Council Comment:
Preference in not allowing Commissioners or Committee Members to be
appointed to the Ad -Hoc Committee.
Preference in selecting the Ad -Hoc Committee members in a City Council
meeting rather than getting recommendations from a Mayor
Sub -Committee.
■ Preference in the application process going through a Mayor
Sub -Committee before selection.
Preference in adding to the list of qualifications that applicants must be
registered voters of San Juan Capistrano.
Detractors of the process should be considered for the Ad -Hoc Committee
to show openness and willingness from the Council to reach out.
■ Preference in professionals who have experience in the matter to serve i
the Ad -Hoc Committee.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Freese, and carried unanimously to adopt RESOLUTION NO.
09-10-06-04, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A CITIZENS'
BOND OVERSIGHT COMMITTEE AND APPROVING BYLAWS THEREFORE";
add to the following to the requirements: 1) Commissioners or Committee
Members are not allowed to serve on the Ad -Hoc Committee. 2) Must be a
Register Voter of the City of San Juan Capistrano; and the Mayor to form a
Sub -Committee to review the applications and bring back a recommendation to the
City Council.
c. REIMBURSEMENT PAYMENT DUE TO CAPISTRANO ANIMAL RESCUE
EFFORT FOR HARD COSTS AFTER AN EXPERT DETERMINES IF GRADING
DONE TO THE PROPERTY WILL PROVIDE PUBLIC BENEFIT BY UTILIZING
THE LAND FOR A DOG PARK (390.40)
Mayor pro tem Uso recused himself due to a conflict of interest and left the City
Council Chamber.
9 10-06-2009
Michael Cantor, Senior Management Analyst, provided an agenda report and
responded to questions.
Public Comment:
Phillip Schwartze, Board Member, Capistrano Animal Rescue Effort, felt that
the grading done is an improvement to the property and should be
reimbursed by the City; and responded to questions.
= Matt Gaffney, President, Capistrano Animal Rescue Effort, felt that an
agreement was made on good faith and the City should reimburse the
hard cost incurred by Capistrano Animal Rescue Effort.
Council Comment:
■ Costs incurred are hard cost that the City should reimburse back to
Capistrano Animal Rescue Effort.
■ Felt only the fence would qualify for reimbursement.
■ An appropriate expert should determine if grading done to the property
provides an improvement to the City that will provide public benefit that
would allow the property to be utilize as a dog park.
Council Action: Moved by Mayor Nielsen, seconded by Council Member
Allevato, and carried 3-1-0 with Council Member Hribar opposed and
Mayor pro tem Uso recused to direct staff to find an appropriate expert to make
determination as to whether the grading done in the site is an improvement that
will provide public benefit on the City being able to utilize the land for a dog park, if
so the City will move forward to reimburse hard costs presented by Capistrano
Animal Rescue Effort.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Freese and Mayor Nielsen
NOES: COUNCIL MEMBER: Hribar
RECUSED: COUNCIL MEMBER: Mayor pro tem Uso
ORDINANCES: None
COUNCILMANIC ITEMS:
11. CITY CLERK AND STAFF DIRECTED TO BRING BACK APPROPRIATE DRAFT
AND RECOMMENDATIONS RELATED TO COMMISSIONS, COMMITTEES AND
BOARDS DUTIES AND RESPONSABILITIES.
Maria Morris, Acting City Clerk and Joe Tait, Interim City Manager, provided and
agenda report and responded to questions.
10 10-06-2009
Public Comment:
■ Gail Zukow, Parks, Recreation and Equestrian Commission (speaking on
her behalf), would preferred the City Council not to discuss issues involving
Commissioners, Committee and Board Members at City Council meetings.
Council Comment:
■ Commissioners/Committee and Board Members need to speak as
individuals, unless an action was taken by the majority of the
Commission/Committee or Board.
Commissioners/Committee and Board Members are free to speak their
minds, write editorials, write letters to the newspapers, and speak out in
public sessions as an individual. citizen, but not as a
Commissioners/Committee or Board Members.
Y City conference meeting rooms and City facilities are to be used in
conjunction with the Commission/Committee/Board and not as an individual.
■ City Council should evaluate the need to have a Housing Advisory
Committee.
■ Appropriate for the Commissions/Committees to set out their objectives and
goals each year in order to have a framework to make sure that everyone is
working towards the same direction.
Some of the issues can be solved by speaking individually with
Commissioners/Committee and Board Members.
a Sub -Committee that made recommendations to the City Council should try
to solve any issues involving the Commissioner, Committee or Board
Member before the issue is agendize at a City Council meeting.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 4-0-1 with Mayor pro tem absent to direct
the City Clerk and staff to make appropriate drafts and recommendations to come
back to the City Council for final approval.
ROLL CALL
AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor Nielsen
NOES: COUNCIL. MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Uso
Council Member Freese suggested to agendize the following items:
1. Uniformity of Code Enforcement.
2. Auto Dealer Signage Ordinance,
3. No parking zone at the end of Camino Lacouague.
11 10-06-2009
ADJOURNMENT:
There being no further business, Mayor Nielsen adjourned the meeting at 12:31 a.m. to
Tuesday, October 20, 2009 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public
Business Session in the City Council Chambers.
bmitted,
ACTING CITY CLERK
Approved: October 20, 2009
ATTEST:
MARk NIELSEN�M�4YOR
12 10-06-2009