09-1201_CC_Minutes_Regular MeetingMINUTES
DECEMBER 1, 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(c), the City Council
conferred with legal counsel pertaining to initiation of litigation involving one
potential case.
b. Pursuant to Government Code Section 54956.8, the City Council met with
its Real Property Negotiator (City Manager) concerning the price and terms
of payment for the purchase, sale, exchange or lease of certain real
property known as 33302 & 33332 Valle Road, in the City of San Juan
Capistrano, California. The property owner is Pacific Western Bank.
BUSINESS SESSION:
Mayor Nielsen called the Regular Meeting of the City Council of the City of
San Juan Capistrano at 6:38 p.m. in the City Council Chamber. Council Member Hribar
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/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..
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 meeting in Washington D.C,
■ Acknowledge the removal of the El Adobe sign and new signs forthcoming.
■ NPDES Permit Hearing with San Diego Water Quality Control Board.
■ Meeting with the Executive Director of the Southern California Association of
Governments.
OPEN SPACE COMMITTEE REPORT
Mayor Nielsen reported that the next meeting of the Open Space Committee will be held
Monday, December 7, 2009 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:
■ Downtown Farmer's Market, every Wednesday 3:00 p.m. to 7:00 p.m.
■ Governmental Affairs Meeting, hosted by Chamber of Commerce.
• Annual Tree Lighting Ceremony a Historic Town Center Park, followed by a Candle
Light Procession.
■ Holiday Express Train.
• SCORE Workshop.
■ Historical Society Tour of Rancho Santa Margarita Las Flores Ranch House and
Chapel.
• Chamber of Commerce Annual Christmas Mixer at Forster Mansion.
■ Lunch with Santa sponsored by the Youth Advisory Board.
■ Second Saturday Art Show.
INTRODUCTIONS AND PRESENTATIONS
MAYOR'S AWARD FOR BUSINESS LEADER OF THE YEAR PRESENTED TO
SAN JUAN PHOTO & DIGITAL (610.40)
Mayor Nielsen recognized Scott and Diana Schmitt, owners of San Juan Photo &
Digital for their contributions to the City and business community and presented
them with the Mayor's Award for Business Leader of the Year.
2. MAYOR'S AWARD FOR COMMUNITY SERVICE LEADER OF THE YEAR
PRESENTED TO VIVIENNE DA COSTA (610.40)
2 12/1/2009
Mayor Nielsen recognized Vivienne da Costa, for her dedication and
contributions to. the community and presented her with the Mayor's Award for
Community Service Leader of the Year.
3. MISSION PARISH SCHOOL RECOGNIZED FOR BEING NAMED A
2009 BLUE RIBBON SCHOOL (610.40)
Mayor Nielsen recognized Mission Parish School for being named a
2009 Blue Ribbon School and presented Tina Rolewicz, Principal, with a
certificate of recognition.
4. MAYOR PRO TEM USO INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Lee Goode, Utilities Commission; . Ginny Kerr and James
Mocalis, Planning Commission; Jill Hanna and Gail Zukow, Parks, Recreation &
Equestrian Commission; Nathan Banda and Don Tryon, Cultural Heritage
Commission; Jean Savage and Larry Kramer, Transportation Commission; Les
Blair, San Juan Senior Liaison; Kathy Hooper, Former Parks, Recreation &
Equestrian Commission; Orange County Fire Authority division Chief Rick
Robinson.
JOINT MEETING: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
REORGANIZATION:
1. Public Comments:
■ Patrick Crowley, City resident, expressed support for Dr. Londres Uso as
Mayor.
2. DR. LONDRES USO SELECTED TO SERVE AS MAYOR AND LAURA
FREESE SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY
OF SAN JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER
2010. (630.20)
Maria Morris, Acting City Clerk, called for nominations for the office of Mayor.
Council Member Freese nominated Mayor Nielsen, but the motion failed for lack
of a second.
Council Action: Move by Council Member Nielsen, seconded by Council Member
Freese and carried 3-2, with Council Member Allevato and Council Member
Hribar opposed, to select Dr. Londres Uso as Mayor, term ending December
2010.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Nielsen and Mayor Uso
NOES: COUNCIL MEMBER: Allevato and Hribar
ABSENT: COUNCIL MEMBER: None
3 12/1/2009
Maria Morris, Acting City Clerk, called for nominations for the office of Mayor pro
tem.
Council Action: Move by Mayor Uso, seconded by Council Member Nielsen and
carried unanimously 5-0, to select Laura Freese as Mayor pro tem, term ending
December 2010.
Mayor Uso and Mayor pro tem Freese commented on their upcoming terms.
3. RESOLUTION NO. 09-12-01-01 ADOPTED AUTHORIZING THE CURRENT
OFFICERS OF THE CITY TO INVEST FUNDS AND DRAW CHECKS ON CITY
BANK ACCOUNTS (320.10)
Maria Morris, Acting City Clerk, summarized the agenda report.
Council Action: Moved by Mayor Uso, seconded by Council Member Nielsen,
and carried unanimously, 5-0, to adopt RESOLUTION NO. 09-12-01-01 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY
FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO.
08-12-02-02."
4. LAURA FREESE SELECTED AS CHAIRMAN AND SAM ALLEVATO
SELECTED AS VICE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT
AGENCY BOARD OF DIRECTORS, TERMS ENDING DECEMBER 2010
(400.10)
Maria Morris, Acting Agency Secretary, called for nominations for Chairman.
Director Allevato nominated Director Hribar, but the motion failed for lack of a
second.
Board Action: Move by Director Hribar, seconded by Director Uso and carried
unanimously 5-0, to select Laura Freese as Chairman, term ending December
2010,
Maria Morris, Acting Agency Secretary, called for nominations for Vice Chairman.
Board Action: Move by Director Nielsen, seconded by Director Hribar and
carried unanimously 5-0, to select Sam Allevato as Vice Chairman, term ending
December 2010.
4 12/1/2009
5. RESOLUTION NO. CRA 09-12-01-01 ADOPTED AUTHORIZING THE
DEPOSIT AND INVESTMENT OF FUNDS AND SIGNATURES ON THE
COMMUNITY REDEVELOPMENT AGENCY ACCOUNTS (320.10)
Maria Morris, Acting Agency Secretary, summarized the agenda report.
Board Action: Moved by Director Hribar, seconded by Director Nielsen and
carried unanimously, 5-0 to adopt RESOLUTION NO. CRA 09-12-01-01, entitled
"A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY DELEGATING THE AGENCY FINANCE
OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST AND
REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES, AND
REPEALING RESOLUTIONS NO. CRA 08-12-02-01.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening.
• Clint Worthington, City resident, submitted letters and spoke regarding the removal
of trees from Alipaz Street, MTBE, Chevron; and noise pollution issues.
• Ginny Kerr, City resident, expressed concern with cell sites within the City.
• Jean Vicenzi, Friends of the Library, congratulated the new Mayor and Mayor pro
tern on their recent appointment.
• Kim McCarthy, City resident, congratulated the new Mayor and Mayor pro tem and
expressed concerns on the current state of the City.
• Colleen Edwards, City resident, congratulated the new Mayor and Mayor pro tem
and provide her own perspective on the current state of the City.
CONSENT CALENDAR:
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem
Freese, and carried unanimously to approve consent calendar items 1, 3 through 6 and
10 through 12 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF NOVEMBER 17, 2009,
APPROVED AS REVISED.
Council Action: Move by Council Member Nielsen, seconded by Mayor Uso and
carried 4-0-1, with Council Member Allevato abstaining, to approve minutes with
changes to page 4, Consent Calendar approval, Roll Call should read AYES:
Freese, Hribar, Uso and Mayor Nielsen, ABSENT: Allevato.
5 12/1/2009
ROLL CALL:
AYES: COUNCIL MEMBER: Hribar, Freese, Nielsen and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER. Allevato
3. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 22, 2009 IN THE
TOTAL AMOUNT OF $1,775,849.26 AND NOVEMBER 5, 2009 IN THE TOTAL
AMOUNT OF $2,982,195.91; AND PAYROLL WARRANTS DATED OCTOBER
16, 2009 IN THE TOTAL AMOUNT OF $189,958.08 AND OCTOBER 30, 2009
IN THE TOTAL AMOUNT OF $182,682.75, RECEIVED AND FILED (300.30)
4. EASTERN WELLS PROJECT: CHANGE ORDER NO. 1 APPROVED IN THE
AMOUNT OF $1,625.00; RESOLUTION NO. 09-12-01-02 ADOPTED, "A
RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE EASTERN WELLS PROJECT (CIP 08802);" AND
THE CITY CLERK DIRECTED TO PROCESS FOR RECORDATION THE
NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE
RETENTION ON THE AMOUNT OF $36,184.20, 35 DAYS AFTER
RECORDATION (600.30).
5. CALENDAR YEAR 2010 SCHEDULE FOR THE STREET BANNER AT DEL
OBISPO AND CAMINO CAPISTRANO, APPROVED (410.40)
6. RESOLUTION NO. 09-12-01-03 ADOPTED, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING EASEMENTS FOR PUBLIC ACCESS PURPOSE
ALONG RANCHO VIEJO ROAD (SEASONS SENIOR APARTMENTS 11, L.P.)
(APN 666-241-07) (27271 PASEO ESPADA);" AND THE CITY CLERK
DIRECTED TO FORWARD THE EASEMENT DEED TO THE ORANGE
COUNTY RECORDERS OFFICE (670.50)
7. SPECIAL ACTIVITIES PERMIT (SAP) 08-016 FOR THE.SECOND SATURDAY
ART FAIR, APPROVED FOR AN ADDITIONAL TWELVE (12) MONTHS
(460.70)
Nick Taylor, Planning Technician, provided a staff report and responded to
questions. Randi Peshkin, applicant, responded to questions..
Written Communication:
Randi Peshkin, applicant, submitted a letter dated November 25, 2009,
expressed opposition to staff recommendations and offered suggestions.
6 12/1/2009
Public Comment:
■ Randi Peshkin, City resident and applicant, requested to pay fee in
increments, expressed the need to keep the acoustic musician and
consideration for expansion for next year's holiday season.
Council Comment:
■ Do not want to see art show products competing with local business.
■ Favored having the acoustic musician.
■ City needs to support the Art show.
■ The Art show is still. establishing itself.
■ Allow judges to continue using same selection methods.
■ Keeping lousiness license practice the same.
■ Need to have business license submitted before the event for enforcement
purposes.
■ Brings positive change to the Downtown area.
■ Acoustic music attracts people to Los Rios Paris area.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve a twelve (12) month Special
Activities Permit (SAP) 08-016 for the Second Saturday Art Fair; applicant
directed to submit a Special Activities Permit application and the $869.00 fee with
quarterly deferment acceptable; and to Issue daily business licenses with
business license information submitted 3 days before the event.
8. STATUS REPORT AND CONSTRUCTION SCHEDULED UPDATE ON THE
WIDENING OF A SECTION OF VALLE ROAD, TENTATIVE TRACT MAPS
14196 AND 15609 (SUNCAL DEVELOPMENT, RECEIVED AND FILED
(420.401600.30)
Nasser Abbaszadeh, Public Works Director, provided an update and responded
to questions.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Freese, and carried unanimously to received and file the report.
9. EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY CLERK WITH
MARIA MORRIS, APPROVED (600.30)
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously to approve the Employment Agreement for the
position of City Clerk with Maria Morris.
10. SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR CITY
MANAGER SERVICES WITH MUNICIPAL MANAGEMENT GROUP,
APPROVED (600.30)
7 12/1/2009
11. RESOLUTION NO. 09-12-01-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 08-011 FOR A
WEDDING AND SPECIAL EVENT VENUE AT 27182 ORTEGA HIGHWAY
(FORSTER MANSION EXCLUSIVE EVENTS)(APN 666-241-09)"
12, NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
NOVEMBER 15, 2009, RECEIVED AND FILED (440.10)
1. RESOLUTION NO. 09-12-01-05, ADOPTED APPROVING THE GENERAL PLAN
AMENDMENT (GPA) 09-01; NOTICE OF EXEMPTION ADOPTED; AND
ORDINANCE INTRODUCED APPROVING REZONE (RZ) 09-02
(420.3014602.01660.20)
Grant Taylor, Assistant Community Development Director, provided a staff report
and responded to questions.
Mayor Uso opened the public hearing and invited testimony.
Public Testimony:
■ Kim I_efner, City resident, objected the purchase, questioned the reasoning for
the purchase and expressed concerns with soil contamination and costs for site
maintenance.
■ Sara Shelton, City resident, expressed support for the annexation of the
property.
■ Kathy Holman, City resident and business owner, expressed support for the
annexation of the property.
■ Clint Worthington, City resident, expressed opposition of the purchase and
environmental conditions found on the property.
Council Comments:
■ Cost for soil removal and replacement is minimal.
■ Soil contaminated due to pesticide and herbicide used on lemon trees.
■ Lemon trees are at the end of their life cycle and need to be removed.
■ Not a toxic waste dump.
■ Do not want to restrict uses unnecessarily.
■ Need to explore posts of replanting lemon trees or replacing soil.
■ Questions raised by public need to be addressed.
■ Would like to see general open space designation for area 4 of the property.
Mayor Uso closed the public Dearing.
Maria Morris, City Clerk read the first reading of the ordinance.
8 12/112009
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem
Freese, and carried unanimously to adopt RESOLUTION NO. 09-12-01-05 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA)
09-01 TO DESIGNATE PROPERTY (APN 125-172-07 AND 125-172-17) GENERAL
OPEN SPACE (GOS) FOR ANNEXATION, WHICH INCLUDES APPROXIMATELY
ONE HUNDRED THIRTY-TWO (132) ACRE RANCHO MISSION VIEJO
PROPERTY CONTAINING THE OAKS EQUESTRIAN FACILITY, PARK,
RECREATION, AND OPEN SPACE AREAS PURSUANT TO THE ATTACHED
EXHIBIT "A", WHICH PROPERTY IS GENERALLY LOCATED SOUTH OF
ORTEGA HIGHWAY, WEST OF LA PATA AVENUE, NORTH OF SAN JUAN HILL
HIGH SCHOOL AND EAST OF THE CURRENT CITY LIMITS (RANCHO MISSION
VIEJO);" and first reading and introduction of an ordinance, with changes, entitled,
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING THE NOTICE OF EXEMPTION AND APPROVING
.REZONE (RZ) 09-002 TO AMEND THE OFFICIAL ZONING MAP BY
ESTABLISHING THREE (3) ZONE DISTRICTS IN FOUR (4) PLANNING AREAS
TO INCLUDE GENERAL OPEN SPACE (GOS), OPEN SPACE RECREATION
(OSR) AND NATURAL OPEN SPACE (NOS) AS IDENTIFIED ON THE ATTACHED
LOCATION MAP (EXHIBIT A) FOR THE 132-ARCE ANNEXATION FROM
UNINCORPORATED COUNTY OF ORANGE (APN'S .125-172-07 & 125-172-
17)(RANCHO MISSION VIEJO)," and amending the Location Map (Exhibit A) to
have Area 4 designated as General Open Space with area 1, 2, and 3 approved as
submitted.
COUNCILMANIC ITEMS:
1. APPOINTMENTS TO THE CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE
APPROVED (340.20)
Maria Morris, City Clerk, provided a staff report and Council Member Allevato
responded to questions.
Council Comment:
■ Talented group of applicants.
■ Mr. Kevin Murphy has been involved in contentious issues.
■ Need individuals who want to serve and who do not bring an agenda to the
process.
■ Mr. Kevin Murphy's application not as strong as other applicants.
• Mr. Kevin Murphy may provide a critical eye.
■ In favor to have members with different perspective on the issue.
■ The committee is not making policy or judgment of the Council but reviewing
guidelines of the bond.
■ Mr. Kevin Murphy has been critical of the City.
■ Preference in having a 7 member committee by adding Mr. Val Dodd.
9 12/1/2009
Council Action: Moved by Mayor Uso, seconded by Council Member Allevato, and
carried unanimously to approve appointments to the Citizens' Bond Oversight Ad -
Hoc Committee for a two year term as follows: E.J. Constantine, Robert W.
Ferguson, John R. Harper, Angelo F. Lombardo, Scott C. Looney, Kevin Murphy and
Val Dodd,
ADMINISTRATIVE ITEMS:
H1. PUBLIC WORKS DIRECTOR
a. RESOLUTION NO. 09-12-01-06 ADOPTED ESTABLISHING "NO PARKING
7.00 A.M. -- 9:00 A.M. AND 2:00 P.M. - 4:00 P.M. MONDAY - FRIDAY" ON
CAMINO LACOUAGUE FROM 150 FEET TO 300 FEET NORTHERLY OF ITS
SOUTHERLY TERMINUS and RESOLUTION NO, 09-12-01-07 ADOPTED
ESTABLISHING "NO STOPPING 7:00 A.M. — 9:00 A.M. AND 2:00 P.M. - 4:00
P.M. MONDAY - FRIDAY" ON CAMINO LACOUAGUE FROM ITS SOUTHERLY
TERMINUS NORTHERLY 150 FEET (570.30)
Mayor Uso recused himself from considering this item due to its close proximity
to his }tome. Mayor pro tem Freese took control of the meeting.
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to
questions.
Written Correspondence:
■ Elizabeth and Dino D'Auria, City residents, submitted a letter dated November
24, 2009 and November 25, 2009, opposing parking restrictions on Camino
Lacouague.
■ Jerry and Suzie Janeski, City residents, submitted a letter dated November
30, 2009, opposing: the parking restrictions on Camino Lacouague.
■ Anne Fox, City resident, submitted a letter dated November 30, 2009,
favoring parking restrictions on Camino Lacouague.
Public Comment:
■ The following individuals spoke in favor for the reconsideration to adopt the
resolution and provided suggestions: Jo Cochia, City resident; Rocky Bluman,
City resident; Scott Schmitt, City resident; Jenny Friess, City resident; Rick
Friess, City resident; Kathleen Levinson, City resident; Karen Skvarna, City
resident; Mark Ciernia, City resident; Eileen Vansell, City resident; Lexie
Cochia, City resident; Elizabeth Schmitt, City resident; Morton Irvine Smith,
City resident.
The following individuals spoke in opposition for the reconsideration to adopt
the resolution and further expressed concerns: Cheryl Uso, City resident;
Martina Fanizza, City resident; Neal Schultz, City resident; William Malone,
City resident and San Juan Creek Homeowners Association President; Mike
Mathewson, City resident; Dr. Londres Uso, City resident.
10 12/1/2009
■ The following individuals provided suggestions for reconsideration to adopt
the resolution: Ed Schmitt, City resident; Alan Deremo, City resident; Marci
Frolough, City resident.
Council Comment:
■ Need to allow children to walk to school.
■ The 150 feet is adequate.
■ Sign should say "no parking, waiting, stopping„ within the 150 feet.
■ Within the 150 feet allow pick up with no parking.
■ Parking should be allowed 300 feet north to San Juan Creek.
■ "Keep clear" painted on the street a good suggestion.
■ Appreciation for those who carpool.
■ La Pata road improvements are an added challenge.
■ Speeding vehicles seen are the residents, not the parents.
■ A 25 mph speed zone may be needed.
■ Monitor should just oversee the behavior of the children and other trail users.
■ Monitor should look out for the safety of the students and not the use of the
drop-off.
■ Preference to have at the 150 foot mark allow a pick up/drop off area and at
the 300 foot mark north to San Juan Creek allow for parking.
■ Trash cans and dog waste bags are needed.
■ Review the Environmental Impact Report (EIR) in today's terms in relation to
the school.
■ Increase in student numbers may make issue worse.
■ Placed signs at terminus to prevent cars from parking at trail entrance.
■ Do not want children to walk through cars to access trail.
■ Support alternative 3 with adding an additional 150 feet for loading/unloading
zone and 300 feet for parking down the street.
■ Terminus not indented to be a drop off point base on 2004 Environmental
Impact Report (EIR).
■ Trail is there for emergency purposes.
■ Trail should be accessible for walking and biking.
■ The 300 foot area is safer than the 150 foot area.
■ By having the extra 150 feet of buffer, cars will not need to go to terminus to
turn around.
■ Look into speed humps to reduce speed.
■
-Safety is the issue.
■ Add a pathway on the west side of Lacouague is needed for protection from
cars.
■ The curve in road obstructions a person's ability to look up towards San Juan
Creek.
■ Parents not always being "good neighbors" by blocking access to community
entrance gates.
■ Preference in the first 150 feet from terminus north, "no stopping, no
unloading„ next 150 feet going north "loading and unloading only" and at 300
feet north for parking.
11 12/1/2009
Do not want loading and unloading at terminus.
Paint middle of street to differentiate from other areas of road.
Like alternative 3 with revisions.
Council Action: Moved by Mayor pro tem Freese, seconded by Council Member
Hribar, and carried 3-1-0 with Council Member Nielsen oppose and Mayor Uso
recused to adopt RESOLUTION NO. 09-12-01-06 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING 7:00 A.M. — 9:00 A.M. AND 2:00
P.M. - 4:00 P.M. MONDAY - FRIDAY" ON CAMINO LACOUAGUE FROM 150
FEET TO 300 FEET NORTHERLY OF ITS SOUTHERLY TERMINUS AND
REPEALING RESOLUTION NO. 09-11-03-01;", and RESOLUTION NO. 09-12-
01-07 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO STOPPING 7:00 A.M.
— 9:00 A.M. AND 2:00 P.M. - 4:00 P.M. MONDAY FRIDAY" ON CAMINO
LACOUAGUE FROM ITS SOUTHERLY TERMINUS NORTHERLY 150 FEET
AND REPEALING RESOLUTION NO. 09-11-03-01;" and .direct staff to install
supplemental signs to further clarify sign restrictions; install doggy waste bags
placed at the terminus of trail; install trash cans placed along the trail; install a
white line painted on the street within 150 feet to 300 feet northerly of its
southerly terminus; look into having a multipurpose trail along the side of Camino
Lacouague; and post a speed limit sign on Camino Lacouague
(speed limit to be determined).
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar and Mayor pro tem Freese
NOES: COUNCIL MEMBER: Nielsen
RECUSED: COUNCIL MEMBER . Mayor Uso
b. RESOLUTION NO. 09-12-01-08 APPROVED TO INSTALL "NO PARKING 7:00
A.M. — 4:30 P.M. MONDAY — FRIDAY SCHOOL DAYS" AT VARIOUS
LOCATIONS ON VILLAGE ROAD; AND RESOLUTION NO. 09-12-01-09
APPROVED TO INSTALL "NO PARKING ANYTIME" AT VARIOUS LOCATIONS
ON VILLAGE ROAD (570.30)
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to
questions. Larry Kramer, Transportation Commissioner, responded to questions.
Public Comment:
Jerry Williams, City resident and President of Homeowners Association
Village San Juan, made comments regarding resident safety and supports
staff recommendations.
Council Comment:
E Need a graph for better visual of recommended changes.
Create a subcommittee to review changes.
12 12!112009
Transportation Commission and Homeowners Association did thorough
review of situation.
Council Action: Moved by Mayor pro tem Freese, seconded by Council Member
Nielsen, and carried 4-1 with Council Member Hribar opposed, to adopt
RESOLUTION NO. 09-12-01-08 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING 7:00 A.M. — 4:30 P.M. MONDAY — FRIDAY
SCHOOL DAYS" AT VARIOUS LOCATIONS ON VILLAGE ROAD; AND
RESOLUTION NO. 09-12-01-09 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING ANYTIME" AT VARIOUS LOCATIONS ON
VILLAGE ROAD
C. STAFF DIRECTED TO PREPARE A LETTER TO CALTRANS REGARDING
RAMP METER OPERATION AT THE ORTEGA HIGHWAY AND 1-5
NORTHBOUND ON RAMP (800.10)
Alan Oswald, Senior Traffic Engineer, and Nasser Abbaszadeh, Public Works
Director, provided a staff report and responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 4-1 with Mayor pro tem Freese opposed, to prepare a letter
to Caltrans regarding ramp meter operation at the Ortega Highway and 1-5
northbound on ramp.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Nielsen, Hribar and Mayor Uso
NOES: COUNCIL MEMBER: Mayor pro tem Freese
ABSENT: COUNCIL MEMBER None
H2, COMMUNITY DEVELOPMENT DIRECTOR
a. CONTINUED CONSIDERATION OF DEVELOPMENT AGREEMENT ISSUES
FOR GENERAL PLAN AMENDMENT (GPA) 06-03, REZONE (RZ) 06-06,
ARCHITECTURAL CONTROL (AC) 07-22, ST. MARGARET'S EPISCOPAL
SCHOOL MASTER PLAN, NO ACTION TAKEN (600.301460.201440.25)
William A. Ramsey, Principal Planner, provided a staff report and responded to
questions.
Public Comments:
Peter Desforges, Chair of Facilities Committee at St. Margaret's Episcopal,
provided an explanation of fees within the draft development agreement and
responded to questions.
13 12/112009
Council Comment:
Language for fees needs to be clarified.
■ Include a sample calculation of impact fees within the agreement.
■ Should go to Planning Commission for further review.
■ Appreciate St. Margaret's Episcopal for working with the City for a win-win
situation.
■ St. Margaret's Episcopal is a great community supporter and participant.
■ The City needs to receive mitigation fees for any expansion or changes.
H3. CITY MANAGER
a. STAFF AUTHORIZED TO PREPARE CONCEPT FLOOR PANS FOR CITY
HALL RELOCATION SITE AT 33302 AND 33332 VALE ROAD; AND
APPROPRIATION OF $5,000 FROM GENERAL FUND RESERVES CITY HALL
REPLACEMENT FOR PREPARING SPACE PLAN, APPROVED (200.30)
Cindy Russell, Assistant City Manager, provided a staff report and responded to
questions.
Public Comment:
Scott Barnard, Pacific Western Bank, expressed the benefits of purchasing
and commented on attributes of the proposed site.
David Kenny, Madison Street Partners, introduced himself to the Council and
provided a brief timeline for escrow and responded to questions.
Council Comment:
■ Not an ideal location for a City Hall.
■ No chance for solar usage, further design, possible water intrusion and soil
subsidence.
■ Buildings are Condominiumized.
■ Concerns with length of time for due diligence.
■ Should have plans that are shovel ready for potential government grants.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried 4-0-1, with Council Member Hribar absent
(stepped out of Chamber) to authorize staff to prepare concept floor plans for
City Hall relocation site at 33302 and 33332 Valle Road; and appropriation of
$5,000 from general fund reserves City Hail replacement for preparing space
plan, approved.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER
Allevato, Nielsen, Freese and Mayor Uso
None
Hribar (stepped out of Chamber)
14 12/1/2009
b. ORDINANCE INTRODUCTION ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE
2 OF THE SAN JUAN MUNICIPAL CODE PERTAINING TO THE CITY
CLERK'S OFFICE (669.20)
Christy Jakl, Administrative Specialist, read the first reading of the ordinance.
Council Action: Moved by Council Member Nielsen, seconded by Mayor Uso,
and carried unanimously to approve the first reading and introduction of an
ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADDING ARTICLE 5 TO CHAPTER 5
OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
PERTAINING TO THE CITY CLERK'S OFFICE."
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ORDINANCES:
ORDINANCE NO. 962 OVERSIZED VEHICLE RESTRICTIONS, APPROVED
(579.30)
Christy Jakl, Administrative Specialist, provided an agenda report and read the
title of the Ordinance. Lieutenant Dan Dwyer responded to.questions.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously to adopt Ordinance No. 962 entitled,
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.325 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO OVERSIZED
VEHICLE RESTRICTIONS."
2. ORDINANCE NO. 963 COMMERCIAL VEHICLE RESTRICTIONS, APPROVED
(579.30)
Christy Jakl, Administrative Specialist, provided an agenda report and read the
title of the Ordinance. Lieutenant Dan Dwyer responded to questions.
Council Comment:
Need to further define small vs. large trucks.
Need to find locations for commercial vehicle parking.
■ Preference in all commercial vehicles off of street parking.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried 3-2 with Mayor pro tem Freese and Council
Member Hribar opposed, to adopt Ordinance No. 963 entitled, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
15 12!112909
CALIFORNIA, AMENDING SECTION 4-6.318 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE PERTAINING TO COMMERCIAL VEHICLE
RESTRICTIONS.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Nielsen and Mayor Uso
NOES: COUNCIL MEMBER: Freese and Hribar
ABSENT: COUNCIL MEMBER None
COUNCILMANIC ITEMS:
Council Member Hribar requested to bring back parking restrictions on Alipaz Street.
Concerns with red stripping in front of the resident homes and consider widening the
street in front of the park to gain additional spaces..
Council Member Allevato received positive feedback from the Alipaz residents.
Mayor Uso continuing to revisit items is detouring from accomplishing Council goals.
There is a need to give decisions an opportunity to work or not work and does not
support revisiting the Alipaz parking restrictions.
Council Member Nielsen would like the see issues with cell sites further addressed and
referred to Planning Commission for review.
ADJOURNMENT
There being no further business, Mayor Uso adjourned the meeting at 12:50 a.m. to
Tuesday, December 10, 2009 at 3:00 p.m. for a Long Term Vision/Strategic Workshop,
and then to Tuesday, December 15, 2009 at 5:30 p.m. for Closed Session, and 6:30
p.m. for the public Business Session
.T..
CHRISTY JAK ,,-ADMINISTRATIVE SPECIALIST
=6
ATTES
15, 2009
DR. LONDRES CPSO, MAYOR
16 12/112009