10-0406_CC_Minutes_Regular MeetingMINUTES
April 6, 2010
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Uso called the Regular Meeting of the City Council to order at
5:32 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 one potential item 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
Marbella Development Company 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 Scalzo vs.
City of San Juan Capistrano.
d. Pursuant to Government Code Section 54957, the City Council conducted a
public employee performance evaluation of the City Clerk.
BUSINESS SESSION:
Mayor Uso called the Regular Meeting of the City Council of the City of
San Juan Capistrano at 6:40 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Council Member Nielsen gave the invocation.
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:
■ First Battalion, 11 Marine Committee Meeting.
■ Orange County Fire Authority Meeting.
• Vector Control Meeting.
Studio One Eleven Meeting.
■ Orange County Sheriff Metal of Valor Ceremony.
■ G.R.I.P. Meeting.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported that the next meeting of the Open Space Committee
will be held Monday, April 12, 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:
■ San Juan Capistrano Farmers' Market on Yorba Street.
■ Networking Breakfast at Sarducci's hosted by the Chamber of Commerce.
■ "Bring your water bill and drop by Council Chambers" hosted by the City.
■ "Evening with Peter Ueberroth" hosted by the Shea Center.
■ "Don't Dress for Dinner" at the Camino Real Playhouse.
2"a Saturday Art Fair in Downtown San Juan Capistrano.
■ Blenheim Spring Classic II Grand Prix held Rancho Mission Viejo Riding Park.
■ Multicultural Arts Series Ball in the La Sala Auditorium.
■ 20th Anniversary Garden Tour on Los Rios Street.
■ Weight Loss Challenge program in San Juan Capistrano.
■ SCORE Workshop in the La Sala Auditorium.
■ Special BBQ picnic for the 1st Battalion, 11th Marines at Historic Town Center Park.
■ The Chronicle of the Horse/USHJA International Hunter Derby at the Rancho
Mission Viejo Riding Park.
■ Public workshops regarding Los Rios Park at the San Juan Capistrano Community
Center.
INTRODUCTIONS AND PRESENTATIONS
1. RECOGNITION OF TOWN'S PATRIARCH THOMAS "HAPPY" HUNN AND
MATRIARCH HELEN MCMULLEN (610.40)
Mayor Uso recognized the town's Patriarch, Thomas "Happy" Hunn, and
Matriarch, Helen McMullen, and provided them with a Certificate of Recognition.
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2. UPDATE FROM SEMPRA ENERGY REGARDING POWER OUTAGES (610.40)
Duane Caves, Sempra Energy, gave an update regarding power outages, and
responded to questions from the City Council.
3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Ilse Byrnes, Parks, Recreation and Equestrian Commission;
Larry Kramer, Transportation Commission; Elenora Hoover, San Juan Senior;
Orange County Fire Authority Fire Capitan Michael Petro.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening.
• Orrie Brown, City Resident, spoke regarding concerns with Habitat for Humanity and
their lack of communication with City residents.
• Tony Brown, City Resident, requested to move up the Councilmanic item regarding
the Old Fire Station; spoke on issues with the current City Hall building.
• Mamie Maywhorth, City Resident, spoke regarding concern with Habitat for
Humanity and their lack of communication with City residents.
Roy Byrnes, City Resident, expressed concern with the way recent open space
acquisitions have been handled.
Jim Reardon, City Resident, expressed concern with recent open space acquisitions
and Brown Act violations.
• Rich Dixon, Census Representative, provided handouts and .information regarding
and upcoming 2010 Census Event in the City.
• Clint Worthington, City Resident, provided a handout and expressed concern with
gang activity within the City and the impact to local residents.
• Kim McCarthy, City Resident, provided a handout and spoke regarding concern with
gang activity and illegal immigration; expressed concern with the City's budget and
employee compensation.
■ Adam ' Maywhorth, City Resident, expressed concern with gang activity in City
neighborhoods and safety.
CONSENT CALENDAR:
Council Action: Moved by Council Member Nielsen, seconded by Council Member
Hribar, and carried unanimously to approve consent calendar items 1 through 3, 5, 6,
and 8 through 13 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF
MARCH 16, 2010, APPROVED
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF
MARCH 10, 2010, APPROVED
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4. REVISED MINUTES FOR THE DECEMBER 1, 2009, CITY COUNCIL
MEETING, APPROVED.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried 4-0-1 with Mayor Uso abstained to approve the
revised Minutes for the December 1, 2009, City Council meeting.
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Nielsen, and Mayor pro tem
Freese
NOES: Council Members: None
ABSTAIN: Council Members: Mayor Uso
5. LICENSE AND INDEMNITY AGREEMENT WITH THE , SAN JUAN
CAPISTRANO CHAMBER OF COMMERCE FOR USE OF YORBA STREET TO
CONDUCT A FARMERS MARKET FROM MAY 6, 2010, THROUGH MAY 6,
2012, APPROVED (600.30)
6. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES
PURSUANT TO GOVERNMENT CODE 66006 (AB1600), RECEIVED AND
FILED (330.50)
7. NEW DEVELOPMENT APPLICATION STATUS REPORT - PERIOD ENDING
MARCH 15, 2010, RECEIVED AND FILED (440.10)
Steve Apple, Community Development Director, responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Freese, and carried unanimously to receive and file New Development
Application Status Report period ending March 15, 2010.
8. ACCOUNTS PAYABLE WARRANTS DATED JANUARY 28, 2010 IN THE
TOTAL AMOUNT OF $3,123,916.84; FEBRUARY 11, 2010, IN THE TOTAL
AMOUNT OF $1,559,665.22; FEBRUARY 25, 2010, IN THE TOTAL AMOUNT
OF $1,221,040.92; AND MARCH 25, 2010, IN THE TOTAL AMOUNT OF
$2,634,566.88; AND PAYROLL WARRANTS DATED JANUARY 22, 2010, IN
THE TOTAL AMOUNT OF $192,262.66; FEBRUARY 5, 2010, IN THE TOTAL
AMOUNT OF $191,584.25; FEBRUARY 16, 2010, IN THE TOTAL AMOUNT OF
$.193,401.27; MARCH 5, 2010, IN THE TOTAL AMOUNT OF $191,577.07; AND
MARCH 19, 2010, IN THE TOTAL AMOUNT OF $192,563.62, RECEIVED AND
FILED (300.30)
9. CASH BALANCES BY FUND - DECEMBER 31, 2009, RECEIVED AND FILED
(330.50)
10. CASH BALANCES BY FUND - JANUARY 31, 2010, RECEIVED AND FILED
(330.50)
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11. CASH BALANCES BY FUND —FEBRUARY 28, 2010, RECEIVED AND FILED
(330.50)
12. CONSTRUCTION CONTRACT FOR THE EASTERN WELLS PIPELINE
PROJECT (CIP 08802) TO PRO -CRAFT PLUMBING COMPANY, INC. IN THE
AMOUNT OF $1,587,586, APPROVED; AND ALL OTHER BIDS REJECTED
(600.30)
13. CONSTRUCTION CONTRACT FOR THE EQUIPPING OF . THE EASTERN
WELLS PROJECT (CIP 08802) TO GCI CONSTRUCTION, INC. IN THE
AMOUNT OF $815,900, APPROVED; AND ALL OTHER BIDS REJECTED
(600.30)
PUBLIC HEARINGS:
1. CONSIDERATION OF CODE AMENDMENT (CA) 09-02, DRAFT CODE
AMENDMENT TO ESTABLISH LAND USE STANDARDS FOR BUSINESSES
WITH DRIVE -UP CONVENIENCE WINDOWS — DISCUSSION CONTINUED TO
THE MEETING OF APRIL 20, 2010 (420.30)
Douglas D. Dumhart, Economic Development Manager, provided a power point
presentation and responded to questions.
Mayor Uso opened the public hearing and invited testimony.
Public testimony:
■ John Ziebarth, Representing Stakeholders, submitted a letter and spoke
regarding concern and impacts with the proposed ordinance and answered
questions from the City Council.
■ Ross Pollard, McDonald's business owner, spoke regarding concern and
impacts with the proposed ordinance and answered questions from the City
Council.
■ Sia Adabkah, Denny's business owner, expressed concerns with his current
business location and the interest of moving his business to the old Sizzler
building.
■ Keith Gilbert, In & Out Burger Representative, spoke regarding their interest
of bringing In & Out Burger to town; discussed terms within the proposed
ordinance and responded to questions from the City Council.
Mayor Uso closed the public hearing.
Council Comment:
■ Preference not to expand drive-through activity.
Foresee receiving more than four (4) drive-through applications.
■ Expressed concerns with cars stacking and impeding traffic on Del Obispo.
■ Preference for the last sentence in Section 6(d)(1)k referring 100% of traffic to
be off the street 100% of the time to be a mandatory and separate line item
within the ordinance.
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■ Preference to keep the size of menu signs in conformance to community
character.
■ Preference for Table 3-42 of the ordinance referring to menu/order board
signs to have a maximum of 42 square feet.
■ Current Municipal Code lighting standards are deficient.
■ Lighting standards in Section 6 (f)(1)(a) of the final draft should include the
language that states, "Lighting shall be energy efficient, and shielded, non -
blinking and non -flashing. Lighting shall not be of high intensity or brightness.
Lighting shall be appropriate in scale, intensity and height."
■ . Suggestion for creating an additional finding Section 1(d) "proposed uses
deem to enhance the convenience and economic benefit to the City, enough
to justify the additional drive-thru facility."
■ Consensus to remove the Farm Market district from the available zones.
■ Suggestion to add a minimum dollar amount and/or construction value of
51 %o, whichever is greater in Section 1(g)(2).
■ Preference to change the $1500 cost recovery fee to an amount of $3,000.
■ Consensus to remove the napkin requirement.
■ Current issues with drive-through facilities are the curb cuts and traffic
problems.
■ Suggestion for Section 1(g)(2) to reflect twice the assessed value.
■ Preference for lighting to be controlled and kept within the City's character.
■ Size of the menu board signs needs to be addressed.
■ Suggestion to set the maximum size of the menu boards to the size of the
largest board currently in the City.
■ Signs need to be large enough for customers to read.
■ Preference to increase the duration of discretionary use to 25 or 30 years.
■ The suggestion for the additional finding in Section 1(d) needs more
specificity.
• The proposed application process is cumbersome; should not need to go
back to the Planning Commission after Council approves a change.
■ Preference for the Planning Commission to not initially review the application.
■ Majority agree on 42 square feet of menu board space.
■ Majority agree that 30 years for the duration of discretionary use is
appropriate.
■ Suggestion for Section 1(g)(2) to be 51% of the assessed value of the
structure as assessed by the planning/building department.
■ Suggestion for existing menu board signs to be allowed to continue using the
same size if they are not bothersome.
■ Adding language about the City's character is too subjective and may not be
appropriate for the ordinance.
■ The cost recovery fee should be recovered more quickly.
■ Preference for the first and/or second applicant(s) to pay for the full amount of
the cost recovery fee.
■ Expressed concern with the process outlined in Section 1(c)(4) and (5).
■ Preference to keep Section 1(c)(4) as it is stated.
■ Suggestion for Planning Commission's review of the application to be limited
to only reviewing the proposed location.
■ Suggestion to remove the second to last clause in Section 1(c)(5).
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■ Consensus for the Ordinance to return to Council for further discussion.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. ASSIGNMENT OF THE AMENDED LICENSE AGREEMENT FOR THE CITY
TREE FARM, APPROVED; AND AMENDED LICENSE AGREEMENT WITH
MOUNTAIN PINES CHRISTMAS TREE FARM, APPROVED WITH REVISIONS
(600.30)
Cindy Russell, Assistant City Manager, responded to questions.
Public Comment:
Tanya Tolmasoff, Mountain Pines Christmas Tree Farm, described the
importance of the farm; provided information on code enforcement violations;
reassured code violations will not continue to occur; and, responded to City
Council questions.
Council Comment:
■ Concerns expressed over past code violations.
■ Preference for License Agreement to. include language for termination if
another code violation occurs.
The approximate amount of $1000 received by the total annual gross of sales
is low.
■ Suggestion to set compensation amount to $1500.
■ Concern expressed over the well water located on the property.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem
Freese, and carried unanimously to approve the assignment of the existing
Amended License Agreement from Joe and Kendra Phillip to Tom Tolmasoff and
Tanya Farmakis-Tolmasoff; the Amended License Agreement extending the term
of the agreement from January 31, 2013, to January 31, 2015, approved with the
following revisions: Section 3, the total compensation amount with a base fee of
$1500 in addition to the current total annual gross sales formula; including
language that if a code violation occurs they have 30 days to resolve otherwise
the license terminates; and, City Manager authorized to sign the Amended
License Agreement.
G2. COMMUNITY DEVELOPMENT DIRECTOR
a. COUNCIL DIRECTED STAFF. TO FURTHER. RESEARCH TEMPORARY
REDUCTION OF DEVELOPMENT IMPACT FEES AS A LOCAL ECONOMIC
STIMULUS AND TO RETURN WITH AN UPDATE (330.50)
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Steve Apple, Community Development Director, provided a staff report and
responded to questions.
Public Comment:
■ Blake Evans, R.D. Olson Development, provided an explanation of their
Municipal Fee Estimate Comparison and responded to questions from the
City Council.
Council Comment:
■ Preference to reduce fees to encourage hotel development.
■ Preference to not have a reduction of all fees.
■ Suggestion to look into assisting other high return investment businesses
such as hotels, auto dealers and desired downtown businesses.
■ Need to compare our fees with other comparable local cities.
■ San Juan Capistrano has high development fees.
■ Expressed concerns for staff time.
■ Preference to have staff compare fees with other comparable local cities.
■ Need to be proactive in attracting businesses back to the City.
■ Need to bring appropriate high end business into town.
b. CONSIDERATION OF INITIATION OF AN AMENDMENT TO THE GENERAL
PLAN TO PERFORM AN UPDATE TO THE SAN JUAN CAPISTRANO
GENERAL PLAN — ITEM CONTINUED TO THE MEETING OF APRIL 20, 2010
(440.25)
ORDINANCES: None
COUNCILMANIC ITEMS:
1. DISCUSSION OF A.POSSIBLE SHUTTLE SERVICE ROUTE TO AND FROM
RMV RIDING PARK AND DOWNTOWN (420.30/940.40)
Council Comment:
■ Provides an opportunity to shuttle participants attending the horse shows into
the downtown area:
Concern expressed with the cost to provide a small shuttle service.
■ Suggestion for this to be part of a City-wide trolley service which will supply
transportation service to all areas of the City.
■ Too early in to move forward with a shuttle service at this time.
2. DISCUSSION OF A VOLUNTARY E -VERIFY PROGRAM FOR BUSINESSES IN
TOWN (610.30)
Public Comment:
■ Marsha Norman, City Resident, spoke in favor of the City's effort to support
the E -verify program and would like to see the City hang their E -verify
participation sign in front of the window of City Hall.
8 4/6/2010
Council Comment:
■ Suggestion to implement a voluntary, E -verify program with City businesses
through business licensing.
■ Once businesses sign up with E -verify program, a sticker can be placed at the
business which identifies their participation with the program.
■ Expressed concerns with costs and staff time involved with implementing and
regulating the program.
■ Expressed concerns with revoking business licenses in a voluntary program.
■ Felt that customers would prefer to shop with businesses that do E -verify.
■ Suggestion to have a resolution to encourage use of E -verify.
■ Need to create an environment to attract business with less government
intrusion.
■ Preference to provide information to local businesses to educate and
encourage use of the E -verify program but avoid any further City involvement.
■ Felt that the program would be great if there is a large benefit to the
community businesses.
■ Suggested that the E -verify program may be better implemented through the
Chamber of. Commerce.
■ Consensus to insert an informational flyer to go out with business license
packets and renewals.
3. DISCUSSION OF POLICE SERVICES AND USES OF THE OLD FIRE
STATION PROPERTY (540.90)
Council Comment:
■ Suggestion to move Police Services into an area with better access to
different parts of town and areas impacted by the gang injunction.
■ Preference with Police Services being with City Hall.
■ Expressed concerns with Police Services being separate from City Hall.
■ Expressed concerns with Police Services day to day operations impacting a
residential neighborhood.
4. AD-HOC COMMITTEE STATUS UPDATE ON RMV RIDING PARK (420.30)
Council Member Nielsen provided a status update on the RMV Riding Park. .
Council Member Hribar brought up concerns with the length of City Council meetings
and provided suggestions.
ADJOURNMENT:
There being no further business, Mayor Uso adjourned the meeting at 1:30 a.m. to
Tuesday, April 20, 2010, at 5:30 p.m. for Closed Session, and 6:30 p.m. f or the
public Business Session, in the City Council Chamber.
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CHRISTY JA L, EPUTY CITY UERK
Approved: April
ATTEST:
DR. LONDRES USCX MAYOR
10 4/6/2010