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10-0302_CC_Minutes_Regular MinutesMINUTES March 2, 2010 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Uso 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, Mark Nielsen, Mayor pro .tem Laura Freese and Mayor Uso 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 two potential items for initiation of litigation. b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of Scalzo vs. City of San Juan Capistrano. C. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of City of San Juan Capistrano vs. State of California (Caltrans). BUSINESS SESSION: Mayor Uso called the Regular Meeting of the City Council of the City of San Juan Capistrano at 6:47 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance and gave the invocation. MEETING DEDICATION: Mayor Uso dedicated the meeting to the late Jack Campbell, former Associated Senior Action Program (ASAP) volunteer; and to the late Mike Eggers, former Planning Commissioner. Orrie Brown read a letter to the City Council from Kathy Eggers. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen, Mayor pro tem Laura Freese and Mayor Uso 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 Uso announced that no reportable actions took place in Closed Session. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: - - ■ Orange County Fire Authority Reserve Banquet. ■ City Hall Ad -Hoc Committee meeting. ■ Shea Center Open House. ■ Farewell for Jack Swallows. ■ "Taste of San Juan" • Thanked the City Clerk's office, staff and the Mayor for providing a City Hall tour to Cub Scout Pack 794. ■ "State of the City" ■ Vector Control meeting. ■ Multiple meetings pertaining to economic development. OPEN SPACE COMMITTEE REPORT Council Member Nielsen reported that the next meeting of the Open Space Committee will be held Monday, April 5, 2010 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: ■ "March Networking Breakfast 2010" hosted by the Chamber of Commerce. • Annual Volunteer Appreciation Dinner at the Community Center. ■ "Victorian Gardens" class at. Goin' Native on Los Rios. ■ Pet Adoption events hosted by The Ark of San Juan. ■ "Farm to Fork" hosted by The Ecology Center. ■ "Claudio O Claudio" by de Angelis Vocal Ensemble, hosted by the Mission. • 1 -mile hike by the Rangers at Caspers Wilderness Park. ■ "Living Healthy with a Chronic Condition" series at the Community Center. ■ "Develop a Winning Business Plan" by SCORE, presented by the Chambers of Commerce. ■ "La Presidenta Ball" at EI Adobe Restaurant, presented by the Fiesta Association. • "Second Saturday Art Fair" at Verdugo and Los Rios Streets. ■ All-star cast of comedians presented by the Camino Real Playhouse. 2 3/2/2010 INTRODUCTIONS AND PRESENTATIONS 1. FEBRUARY 1, 2010 THROUGH APRIL 30, 2010 PROCLAIMED AS FIESTA DE LAS GOLONDRINAS (610.40) Mayor Uso proclaimed February 1, 2010 through April 30, 2010 as Fiesta de Las Golondrinas and presented the proclamation to the Fiesta Association President, "Hanging of the Mayor." 2. PROCLAMATION PRESENTED TO BILL HARDY ON HIS 90TH BIRTHDAY (610.40) Mayor Uso presented Bill Hardy a proclamation for his 901h birthday. 3. MICHAEL RUPLEY RECOGNIZED AS SAN JUAN CAPISTRANO'S DEPUTY OF THE YEAR (610.40) Lieutenant Dan Dwyer, Chief of Police Services, recognized Michael Rupley as San Juan Capistrano's Deputy of the Year. Mayor Uso, presented him with a special plaque with gratitude from the City Council. 4. SAN JUAN HILLS SCHOOL ATHLETICS PROGRAM RECOGNIZED (610.40) Mayor Uso, recognized Stallion Athletics for its outstanding efforts in displaying character, leadership, sportsmanship and spirit. 5. MARCH 8, 2010 PROCLAIMED AS IVIS (MULTIPLE SCLEROSIS) AWARENESS WEEK (610.40) Mayor Uso, presented a proclamation to Mike Milne, National Multiple Sclerosis Society representative. 6. CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) PROVIDED A PRESENTATION. Brian Williams, Southern California Association of Governments (SCAG) representative provided a presentation regarding their services and responded to questions from the City Council. 7. KAREN CROCKER, COMMUNITY SERVICES DIRECTOR RECOGNIZED FOR 20 YEARS OF SERVICE Cynthia Russell, Assistant City Manager, recognized Karen Crocker, Community Services Director for 20 years of service. Mayor Uso, presented her with a certificate of appreciation. 3 3/2/2010 8. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Ginny Kerr, Robert Williams, Sheldon Cohen, and Tim Neely, Planning Commission; Larry Kramer, Transportation Commission; Gail Zukow, Parks, Recreation and Equestrian Commission; Don Tryon, Cultural Heritage Commission; Gila Jones, Housing Advisory Committee; Les Blair, San Juan Senior Liaison; and Ele Hoover, and Mary Ellen West, Associated Senior Action Program (ASAP) volunteers. ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency • Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega Highway Widening. • Steve Nelson, City resident, spoke regarding illegal immigration issues. • Clint Worthington, City resident, spoke regarding water quality issues. • Tony Brown, City resident, felt that the City does not need a new City Hall, after, conducting a City Hall tour. • Orrie Brown, City resident, invited the Council to a rally supporting Border Patrol and ICE to come to town. • Kim McCarthy, City resident, spoke regarding illegal immigration issues, and the need for all businesses in town to use E -Verify. • Patrick Crowley, City resident, thanked the Council for cleaning up Camino Capistrano, need to do the same for Alipaz Street; need parking restrictions to improve traffic; need to focus on downtown rehabilitation; spoke regarding immigration issues; and requested the Council to form a citizen Ad -Hoc Committee to work on the City's reorganization. • Dusty Otero, City resident, spoke regarding the need to have a sidewalk on the east side of Valle Road. • Alvin Ehrig, City resident, spoke regarding an article in the local newspaper regarding the impact to the businesses in town by having the Border Patrol in town. CONSENT CALENDAR: Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1 through 3, 5, 6, 7, and 11 as recommended by staff. 1. Motion to Read Ordinance by Title Only 2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF FEBRUARY 16, 2010, APPROVED (COUNCIL MEMBER NIELSEN ABSTAINED) 3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF FEBRUARY 11, 2010 (LONG TERM VISION/STRATEGIC PLAN), APPROVED. 4 3/2/2010 4. STATUS REPORT FROM THE SAN JUAN CAPISTRANO AESTHETICS TEAM REGARDING THE CALTRANS 1-5/ORTEGA HIGHWAY INTERCHANGE PROJECT, RECEIVED AND FILED. Steve Apple, Community Development Director, provided a staff report and responded to questions. Nasser Abbaszadeh, Public Works Director, responded to questions. Public Comment: ■ Bob Cardoza, Design Review Committee Member, gave a brief status of the meetings with staff and Caltrans. Council Comment: ■ Important that the City Council be involved, and provide clear direction on the parameters and frame work. ■ Would like a presentation from the aesthetic team at the next City Council meeting. ■ Pleased to see that two (2) Planning Commissioners and the Design Review Committee as part of the aesthetic team. ■ Importance of the overpass to be pedestrian friendly. Importance for the aesthetic team to communicate with Studio One Eleven, and to provide updates to the City Council on a regular basis. Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Freese, and carried unanimously to bring back to the March 16, 2010 meeting a presentation from the aesthetic team in order for the City Council to set a framework that provides clear direction in order to move forward. 5. CASH BALANCES BY FUND — OCTOBER 31, 2009, RECEIVED AND FILED (330.50). 6. CASH BALANCES BY FUND — NOVEMBER 30, 2009, RECEIVED AND FILED (330.50). 7. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 17, 2009 IN THE TOTAL AMOUNT OF $3,309,926.71, DECEMBER 31, 2009 IN THE TOTAL AMOUNT OF 983,877.31, JANUARY 7, 2010 IN THE TOTAL AMOUNT OF $28,307.57, AND JANUARY 14, 2010 IN THE TOTAL AMOUNT OF $7,735,467.80, RECEIVED AND FILED; AND PAYROLL WARRANTS DATED DECEMBER 11, 2009 IN THE TOTAL AMOUNT OF $216,003.68, DECEMBER 25, 2009 IN THE TOTAL AMOUNT OF $189,702.74'AND JANUARY 8; 2010 IN THE TOTAL AMOUNT OF $180,426.94, RECEIVED AND FILED (300.30) 5 3/2/2010 8. JOINT POWERS AGREEMENT WITH CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) FOR MEMBERSHIP, APPROVED (600.30) Q7 T Cathy Salcedo, Sr. Executive Assistant, provided a staff report and responded to questions. Council Comment: Id be appointed by the City Council and not the - Mayor. 1St Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried unanimously to approve a Joint Powers Agreement with California Association of Governments (SCAG) for membership; and City Manager authorized to execute the agreement. 2nd Council Action: Moved by . Council Member Hribar, seconded by Mayor pro tem Freese, and carried unanimously to appoint Council Member Allevato as the delegate and Mayor pro tem Freese as the alternate. STATUS REPORT AND CONSTRUCTION SCHEDULE UPDATE ON THE WIDENING OF A SECTION OF VALLE ROAD, TENTATIVE TRACT MAPS 14196 AND 15609 (SUNCAL DEVELOPMENT), RECEIVED AND FILED (420.40/600.30) Nasser Abbaszadeh, Public Works Director, responded to questions. Public Comment: ■ Richard Hill Adams, City resident, spoke regarding the need to improve safety by adding sidewalks. NEW DEVELOPMENT APPLICATION STATUS REPORT FOR PERIOD ENDING FEBRUARY 15, 2010, RECEIVED AND FILED (440.10) Nasser Abbaszadeh, Public Works Director, responded to questions. Council Comment: ■ Pleased to see that the pre -application for the Marriott Residence Inn Hotel went from 4 -story to 3 -story. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Freese, and carried unanimously to receive and file the new development application status report for period ending February 15, 2010. 3/2/2010 11. LICENSE AGREEMENT WITH SAN JUAN CAPISTRANO LITTLE LEAGUE TO OPERATE THE CONCESSION STAND FROM MARCH 2, 2010 THROUGH AUGUST 13, 2010, APPROVED (600.30) (ITEM PULLED AFTER APPROVAL IN ORDER TO RECEIVE PUBLIC COMMENT) Karen Crocker, Community Services Director, responded to questions. ■ Clint Worthington, City resident, spoke regarding loud amplified music coming from the concession stand. Council Comment: ■ Requested staff to bring back a report back to City Council as to where the music is coming from. 12. RESOLUTION NO. 10-03-02-01 ADOPTED SUPPORTING ASSEMBLY BILL 1867 (HARKEY) AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTION 65580 ET. AL TO FACILITATE LOCAL MUNICIPALITIES EARLY ATTAINMENT OF STATE HOUSING GOALS (640.80) Public Comment: ■ Gila Jones, City resident, spoke in support of Assembly Bill 1867, and requested the City Council to get support from other Cities; and responded to questions from the City Council. Council Comment: ■ Need to get the word out in order to get Assembly Bill 1867 passed. ■ Need to have the support of California Association of Governments (SCAG) and the League of Cities. Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried unanimously to adopt Resolution No. 10-03-02-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, SUPPORTING ASSEMBLY BILL 1867 (HARKEY) AMENDMENTS TO CALIFORNIA GOVERNMENT CODE SECTION 65580 ET. AL TO FACILITATE LOCAL MUNICIPALITIES EARLY ATTAINMENT OF STATE HOUSING GOALS; and designating Mayor pro tem Freese, Council Member Allevato, and Douglas . Dumhart, Economic Development Manager with flexibility. to send Commissioners/Committee Members as representatives. 13. RESOLUTION NO. 10-03-02-02 ADOPTED APPROVING APPLICATIONS FOR THE NATURE EDUCATION FACILITY PROGRAM FUNDS; SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COSTAL PROTECTION BOND ACT OF 2006 (530.10) 7 3/2/2010 Council Comment: ■ Preference of including the possible conversion of the barn for an agricultural open space museum. ■ Preference in not adding the barn conversion. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Freese, and carriedunanimouslyto adopt -Resolution -No. 10-03-02-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, APPROVING APPLICATIONS FOR THE NATURE EDUCATION FACILITY PROGRAM FUNDS; SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COSTAL PROTECTION BOND ACT OF 2006"; and staff directed to prepare such grant applications for the following open space and recreation projects: 1) Northwest Open Space, Phase .1 improvements consisting of community gardens and the historic Williams- Swanner property with an agricultural, educational, and historical interpretive elements. 2) Los Rios Community Park, Phase 2 improvements including a potential historic structure, California native landscaping and an "active recreational field" situated along Paseo Adelanto (maximize distance from residential) 3) Kinoshita Farm, Community garden improvements consisting of a new community garden area at Kinoshita Farm. 4) Blas Aguilar Adobe repair and restoration. PUBLIC HEARINGS: RESOLUTION NO. 10-03-02-03 ADOPTED APPROVING A MITIGATED NEGATIVE DECLARATION (MND), GENERAL PLAN AMENDMENT (GPA) 06-03, AND ARCHITECTURAL CONTROL (AC) 07-22; AND FIRST READING AND INTRODUCTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT; AND INTRODUCTION OF AN ORDINANCE AMENDING COMPREHENSIVE DEVELOPMENT PLAN 78-01, ORTEGA BUSINESS CENTER AND REZONE 06-06 FOR THE ST. MARGARET'S EPISCOPAL SCHOOL MASTER PLAN (ST. MARGARET'S EPISCOPAL SCHOOL) ( 600.30/460.20/440.25) William Ramsey, Principal Planner, provided a staff report, a slide presentation, and responded to questions. A written Supplemental Staff Report with revised conditions and a revised Development Agreement was provided. Applicant Presentation: ■ David Bush, CFO, St. Margaret's Episcopal School, provided an overview of the proposed plans, presented a video and responded to questions from the City Council. Mayor Uso opened the public hearing and invited testimony. 8 3/2/2010 Public Testimony: ■ Marina Morales, City resident, spoke regarding the opportunities that she has received in St. Margaret's Episcopal School's "Breakthrough Program". ■ Peter Desforges, St. Margaret's Episcopal School Board Member, addressed concerns regarding the parking lot; made clarifications regarding the fees; and the use of the athletic fields. ■ Bob Montgomery, Ortega Business Center & Calle Arroyo Cottages owner, - - -spoke in support of the project; and felt that having additional parking across the street would be a great benefit for his business center. ■ Larry Thomas, Chamber of Commerce, spoke in support of the project, and submitted a letter to the City Council. ■ Larry Kramer, City resident, spoke in favor of the project; felt that the parking lot should not consume the entire open space and should have a joint use agreement; concerned with students crossing Rancho Viejo Road and Calle Arroyo without crossing guards; and sadden to see Ortega Stables being converted to a practice field. ■ Gail Zukow, Parks, Recreation and Equestrian Commission, had questions regarding changes made to the trails. Mayor Uso closed the public hearing. Council Comment: ■ Expressed concerns with future development approvals and suggested to add the following language to Section 1.16 of the Development Agreement: "There is no intention to include any approvals that are beyond the implementation of the specific development listed on Exhibit B" j■ Condition of Approval No. 17, the preference would be to eliminate the oversized botts'dots and replace them with a median. ■ Condition No. 14,b, preference would be to change the general public use access to the parking lot on the weekends and non -school weekdays from sunrise to % hour after sunset. ■ Expressed concerns with the language of Condition of Approval No. 1 on whether the language would grant the applicant a vested right. ■ The conditions of approval should address the general design elements of the Ganado Parking Lot (i.e. access control, reduce below the grade of the street elevation, native landscaping, andsecurity lighting only- no all night lighting, design per Los Rios Parking Lot, and preserve the large Sycamore tree. If it cannot be retained, replace it with large Sycamore or Coastal Life Oak, and school parking restricted to employees only and not for students). ■ Requested that the applicant agree not to press the City to signalize the intersection of Calle Arroyo/La Novia, and if necessary provide a crossing guard. ■ Although the parking lot location is not ideal, there are benefits as long as it does not visually impact the neighborhood and does. lead to increased traffic/pedestrian and safety issues. - ■ St. Margaret's Episcopal School is a wonderful academy institution that will put San Juan Capistrano on the map. 9 3/2/2010 ■ Expressed concerns with the parking lot size, preference with using decomposed granite (DG) and imperative that it provides joint public-private use. ■ The proposed Ganado parking lot and practice fields would be a benefit to the community. Will hold St. Margaret's to their commitment to work with Ortega Equestrian Center in facilitating a future move that allows them to relocate to an -alternative site. ■ Would like to see the Ortega Equestrian Center find a new home in the City. ■ Although it may be a natural material, not sure if decomposed granite (DG) will be appropriate for the Ganado parking lot. ■ In case the existing large Sycamore tree along Calle Arroyo cannot be saved, the applicant should contact Joan Irvine Smith who may be willing to donate an Oak tree. Maria Morris, City Clerk, read the title of the ordinances. Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Freese, and carried unanimously to adopt RESOLUTION NO. 10-03-02-03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT (GPA) 06-03, AND ARCHITECTURAL CONTROL (AC) 07-22 FOR ST. MARGARET'S EPISCOPAL SCHOOL MASTER PLAN; and to include the following in the conditions of approval: • Condition of Approval No. 17, eliminate the oversized botts'dots and replace them with a median. • Condition No 14.b, change the general public access to the parking lot on the weekends and non -school weekdays from sunrise to'/ hour after sunset. . • Address the general design elements of the Ganado Parking Lot (i.e. access control, reduce below the grade of the street elevation, native landscaping, and security lighting only- no all night lighting, design per Los Rios Parking Lot, and preserve the large Sycamore tree. If it cannot be retained, applicant to replace it with large Sycamore ort Coastal Live Oak, and school parking restricted to employees only and not for students). There will be no traffic signal at the intersection of Calle Arroyo/La Novia, and if necessary a crossing guard will be provided. Approved first reading and introduction of an ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE ST. MARGARET'S EPISCOPAL SCHOOL MASTER PLAN PROJECT (ST. MARGARET'S OF SCOTLAND EPISCOPAL SCHOOL); with the following addition to Section 1.16 to the Development agreement: • "There is no intention to include any approvals that are beyond the implementation of the specific development listed on Exhibit B". 10 3/2/2010 Approved first reading and introduction of an ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN 78-01, ORTEGA BUSINESS CENTER (ST. MARGARET'S EPISCOPAL SCHOOL MASTER PLAN) (REZONE 06-06) SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: G1. CITY MANAGER a. FUNDING FOR "EVERY FIFTEEN MINUTES" (SAN JUAN HILLS HIGH SCHOOL), APPROVED FOR AN AMOUNT OF $1,500 (330.20) Cindy Russell, Assistant City Manager, responded to questions. Public Comment: ■ Erin Kutnick, San Juan Hills High School PTSA representative, requested $1,500 funding from the City for a mock .DUI crash "Every Fifteen Minutes"; and responded to questions. Council Comment: ■ Supports as a one-time funding only in order to get San Juan Hills High School started. ■ Concern with setting precedence. ■ Preference in the City funding half of the amount ($750), City has cut funding on many other programs. Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried 4-1 with Mayor pro tem Freese opposed to fund a one-time funding of $1,500 form account No. 01-10202-65101-00000-000 to the San Juan Hills High School "Every Fifteen Minutes" program. b. LOS RIOS STREET STREETSCAPE PLANNING DESIGN SELECTED AS THE PREFERRED PROJECT TO BE SUBMITTED FOR FUNDING OPPORTUNITY THROUGH CALIFORNIA ASSOCIATION OF GOVERNMENTS COMPASS BLUEPRINT DEMONSTRATION PROGRAM; THE RANCHO MISSION VIEJO RIDING PARK TRAIL SYSTEM MASTER PLAN SELECTED AS ALTERNATIVE NO.2 (440.10) Douglas D. Dumhart, Economic Development Manager, provided a staff report and responded to questions. 11 3/2/2010 Council Comment: ■ Apprehensive to select the Capistrano Terrace Mobile Home Park Master Plan and Rezone, as it sends a message that the City has already made up their minds as to the closure of the park; preference with selecting the Rancho Mission Viejo Riding Park. ■ Need to address the Drainage Master Plan even though it is not in the top three listed; preference from the list would be the Los Rios Street Streetscape Planning and Design. ■ Preference in selecting a No. 1. project and having a No. 2. Project as an alternative in order to allow SCAG to determine which project would fit the best criteria for the grant. ■ Top priority project needs to bring success to the City, preference in selecting the Los Rios Street Streetscape Planning and Design. ■ Council Consensus to select "Los Rios Street Streetscape Planning and Design" as the preferred project; and to select "The Rancho Mission Viejo Riding Park Trail System Master Plan" as alternative project. C. BUNDLED SERVICES FOR FEDERAL GOVERNMENT ADVOCACY SERVICES APPROVED WITH TOWNSEND PUBLIC AFFAIRS; AND STAFF DIRECTED TO GIVE A 30 DAY NOTICE OF AGREEMENT TERMINATION TO PATTON BOGGS, LLC. (600.30) Cindy Russell, Assistant City Manager, provided a staff report and responded to questions. Public Comment: ■ Christopher Townsend, Townsend Public Affairs, Inc., responded to questions from the City Council. Council Comment: Benefit to have a local federal advocacy firm. Support to bundle services with Townsend Public Affairs, Inc. Townsend Public Affairs. has been a great advocate in working with the Housing Bill and water issues. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Nielsen, and carried unanimously to bun die services for federal government advocacy services with Townsend Public Affairs, Inc.; and staff directed to give a 30 day notice of agreement termination to Patton Boggs, LLC immediately. d. STATUS REPORT UPDATE FOR THE ALLOCATION OF BOND PROCEEDS FROM GENERAL OBLIGATION BONDS, ELECTION OF 2008, SERIES 2009A (OPEN SPACE MEASURE), RECEIVED AND FILED. Cindy Russell, Assistant City Manager, provided an update and responded to questions. 12 3/2/2010 Council Comment: ■ Need to hold the bond expenditure to what it was approved for by the voters. ■ Only going to spend $30 million of the bond as that's all there is; part of the improvements are related to the Parks and Recreation fund; and if the City receives funds from Prop 84, the City would have the choice to take the funds and put it back into other use for open space. -e. DISCUSSION OF FEDERAL APPROPRIATIONS STRATEGY IN PREPARATION FOR ANNUAL WASHINGTON, DC MEETINGS WITH FEDERAL REPRESENTATIVES — NO FORMAL ACTION TAKEN (660.40) Public Comment: ■ Christopher Townsend, Townsend Public Affairs, Inc. stated that the odds would be better by going to Washington, DC in person; and responded to questions from the City Council. Council Comment: ■ Preference in the City Manager going with the Mayor to Washington, DC. ■ Meetings should be via -teleconference in order to save money. ■ Mayor should meet with representatives in local offices due to budget constraints. ■ Going to Washington, DC in person would be valuable. ■ Important for the Mayor to be accompanied by the City Manager and Mr. Townsend in a turnaround trip; and bring up MtBE issues along with the rest of the federal appropriations requests. ■ Would like adding open space with creek restoration stabilization and habitat restoration issues. ■ Would like for Congresswoman Loretta Sanchez to be visited regarding the 241 extension. G2. PUBLIC WORKS DIRECTOR a. SPEED HUMPS FOR DANA MESA DRIVE NOT CONSIDERED AT THIS TIME — ITEM TO COME BACK TO COUNCIL WITH A PETITION FROM .RESIDENTS (590.50) Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to questions. Public Comment: ■ Greg Pasqua, City resident, requested that the City Council approve adding an additional speed hump for safety reasons. Council Comment: ■ Council should not act in this matter until the. City receives a petition from affected neighbors. 13 3/2/2010 Council. Action: Moved by Council Member Nielsen, . seconded by Council Member Allevato, and carried unanimously not to consider adding speed humps at this time. . G3. COMMUNITY DEVELOPMENT DIRECTOR a. $500,000 ALLOCATED IN OPEN SPACE BOND PROCEEDS AS A FUNDING MATCH FOR ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), M2 PROGRAM ACQUISITION OF THE SADDLEBACK VALLEY CHRISTIAN SCHOOL PROPERTY (590.50) Steve Apple, Community Development Director, provided a staff report and responded to questions. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to allocate $500,000 in open space bond proceeds as a funding match for Orange County Transportation Authority (OCTA), M2 program acquisition of the Saddleback Valley Christian School property; with a cost to the City of 68 acres of $7,350 per acre. ORDINANCES: None COUNCILMANIC ITEMS: DISCUSSION ON THE RANCHO MISSION VIEJO RIDING PARK AT SAN JUAN CAPISTRANO — ITEM CONTINUED UNTIL THE AD-HOC COMMITTEE HAS TIME TO DO SUFFICIENT WORK IN ORDER TO BRING BACK A REPORT (600.30) Public Comment: ■ Dr. Julie Ryan Johnson, City resident, expressed gratitude to the Council for the purchase of the property; and spoke regarding the many uses for the park that can bring value to the community. Council Comment: ■ Preference in continuing the item until the Ad -Hoc Committee. has an opportunity to further meet and prepare a report for the City Council. ■ Confident that the Ad -Hoc Committee would research and look at all opportunities and will bring back reports to the City Council in a regular basis in order for the City Council to make the best decisions for all the residents. ■ Glad that the City purchased the property, but not comfortable with number of restrictions; and need to do a thorough job in an open matter in order to gain confidence from the residents. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to continue the item until the Ad -Hoc Committee has time to do sufficient work in order to bring back a report. 14 3/2/2010 2. DISCUSSION REGARDING CLARITY AND TRANSPARENCY IN CLOSED SESSION — CONTINUED TO A FUTURE MEETING (610.85) 3. DISCUSSION OF FEE WAIVERS FOR CERTAIN ENTERPRISES IN TOWN — CONTINUED TO A FUTURE MEETING (390.30) 4. URGENCY ORDINANCE NO. 967 ADOPTED AUTHORIZING A TEMPORARY EXTENSION ON THE MAXIMUM TIME BUSINESS PROMOTIONAL SIGNS MAY BE DISPLAYED FOR AUTOMOBILE DEALERSHIPS (410.40) Public Correspondence: ■ Larry Thomas, Chamber of Commerce, submitted a letter dated February 23, 2010, in support of the urgency ordinance. ■ Steve Paul, Capistrano Ford Owner, submitted a letter dated March 1, 2010, requesting support from the Council in approving the urgency ordinance. Council Comment: ■ The urgency ordinance only extends the maximum time that signs can be displayed, the dealerships will need to follow the Municipal Code as far as what promotional signs are allowed. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Nielsen, seconded by Council Member Allevato, and carried unanimously to adopt Urgency Ordinance No. 967 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A TEMPORARY EXTENSION OF THE MAXIMUM TIME AUTOMOBILE DEALERSHIP PROMOTIONAL SIGNS MAY BE DISPLAYED". 5. FEE WAIVER FOR PERMIT FEES FOR AN EAGLE SCOUT FLAGPOLE, APPROVED (390.30) Steve Apple, Community Development Director, responded to questions. Public Comment: ■ Scott and Kyle Pickell, City residents, requested a fee waiver for permit fees to install a 35 ft. flagpole; and responded to questions from the City Council. Council Comment: ■ Support the fee waiver, the flagpole has become a feature in the community. Council Action: Moved by Council Member Allevato, seconded by Council Member Nielsen, and carried unanimously to approve a fee waiver for permit fees for an Eagle Scout flagpole. Council Member Allevato wanted to ensure that the City Council receives a briefing regarding a planned rally on Alipaz and Del Obispo St. 15 3/2/2010 ADJOURNMENT: There i g o further business, Mayor Uso adjourned the meeting at 1:11 a.m. to Tu day a h 16, 2010 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public B ine sion, in the City Council Chamber. mAmAIMRIS, CI CLERK Approved: Marc 6-1-9 ATTEST: DR. LONDRES USO, MAYOR 16 3/2/2010