10-0504_CC_Minutes_Regular MeetingMINUTES
May 4, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Uso called the Regular Meeting of the City Council to order at
5:36 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(x), the City Council conferred
with legal counsel pertaining to existing litigation in the writ of mandate 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 complaint for damages
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 Attorney.
BUSINESS SESSION:
Mayor Uso called the Regular Meeting of the City Council of the City of
San Juan Capistrano to order at 6:36 p.m. in the City Council Chamber.
Council Member Hribar led the Pledge of Allegiance and gave the invocation.
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:
• Attendance at former Chief Daryl gates funeral.
• Meeting with Marbella Homeowners Association regarding Lot 217.
• Attendance at "Earth Day" event.
• Attendance at "Day of the Child" event.
• Meeting in Sacramento regarding Assembly Bill 1867 (Harkey).
• Upcoming Chamber of Commerce Networking Breakfast regarding the
"Historic Town Center Master Plan".
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported that the next Open Space meeting will be held on
Monday, June 7, 2010,
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Farmers Market".
■ Chamber of Commerce will host a Networking Breakfast regarding the
Historic Town Center Master Plan.
■ Boys and Girls Clubs of Capistrano Valley "16th Annual Benefit Dinner Under
The Big Top"
• "Elegant and Enchanting Rose Garden" tour at Peppertree Bend.
■ "Saturday Ark Fair", at Downtown.
• "Los Rios Angels" and the City will hold a planting day at the Montahez Adobe in Los
Rios Park.
■ The Ecology Center Welcomes Bard Lancaster.
INTRODUCTIONS AND PRESENTATIONS
1. CARRIE BERTINI RECOGNIZED FOR HER EFFORTS WITH STUDENTS IN
THE LA MARATHON (610.40)
Mayor Uso recognized Carrie Bertini, Marco Forster Middle School Principal, for
inspiring students to strive for hard -reaching goals, and presented her and the
following students with a certificate of appreciation: Everardo Muniz, Victor
Sanchez, Sam Dayak, Fredi Reyes, Belle Escobar, Lizette Cruz, German
Ramirez, Timothy Wilson, Luis Heredia, Tania Solano, Dana Han, Helen Payne,
Kiefer Batterton, Neida Arriaga, Chris Bautista, Edith Mejia, Joseph Ortiz, Zara
Flores, Alexa Ferrara, Cassie Duran, Jackie Rodriguez, Zoe Hunt, Morgan Aird,
Sage Maier, and Brandon Pedraza,
2 5/4/2010
2. ROBERT MICHAEL RICE RECOGNIZED FOR HIS LONGTIME
CONTRIBUTIONS AS A VOLUNTEER FIREFIGHTER (610.40)
Mayor Uso recognized Robert Michael Rice for his longtime contribution as a
volunteer firefighter, and presented him with a certificate of appreciation.
3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Jim Mocalis, Planning Commission; Elenora Hoover, Senior
Center; Tom Ostensen, Historical Society President; Larry Kramer and Jean
Savage, Transportation Commission; Ilse Byrnes, Parks, Recreation and
Equestrian Commission; Orange County Fire Authority Division Chief
Rick Robinson; and students from Capistrano Valley Christian School. :
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening project.
• Joel Peshkin, City resident, asked the City Council to provide clear direction to City
Manager and staff to be helpful to businesses in town.
• Ilse Byrnes, City resident, spoke in opposition of the possible expansion of the
parking structure into a historical site; requested that the policy regarding
development on historical sites be re-evaluated; and provided a handout to the
City Council.
• Gayle Reilly, Mission Hills Ranch Homeowners Association, requested that the
City Council consider adding to the upcoming budget for regular maintenance of the
property.
• Tony Brown, City resident, thanked the City Council for the newly updated
graffiti ordinance.
• Teri Garza, Regional Library Manager, presented leaving Economic Development
Manager Douglas Dumhart with a gift.
• Shelby Cunningham, City resident, spoke regarding maintenance issues
with Calle Reynaldo neighborhood and would like to see the formation of a
Homeowners Association.
• Kim McCarthy, City resident, felt that "Day of the Child" event was not promoted to
all residents in town, but to a specific ethnicity.
• Orrie Brown, City resident, expressed concern with the use of the City Seal on the
flyer for the "Day of the Child" and certain sponsors listed on the flyer; felt that only
one ethnicity was favored.
The following persons f eft that the "Day of the Child" event was a great success
and expressed their gratitude to the City Council for allowing the
event to take place in the City:
Ed Connor, CREER;
Angelica Earley,
San Clemente resident; Kate
Roberts,
City resident; Melissa
Hodge, City
resident;
Patricia Ahearn, City
resident;
Sandra Faldana, City
resident; Sindy
Garcia,
CREER Youth; Dwight
Delgado,
Tustin resident; Jose
Monroy, City
resident;
Bradley Reyes, City
resident;
Rosa Ceja, Capistrano
Community Mariachi Program;
Marie Ramirez, City
resident;
Lesley Barajas, City resident; Elisa de
la Pena,
City resident; Enrique Loya, City
resident, and Ruben Alcala, City resident.
3 51412010
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, 7
and 9 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF
APRIL 20, 2010, APPROVED
3. CITY COUNCIL MINUTES — LONG TERM VISION]STRATEGIC PLAN
WORKSHOP OF MARCH 31, 2010, APPROVED
4. CASH BALANCES BY FUND, MONTH ENDING MARCH 31, 2010, RECEIVED
AND FILED (330.50)
5. ACCOUNT PAYABLE WARRANTS DATED APRIL 22, 2010 IN THE AMOUNT
OF $1,296,057.46; AND PAYROLL WARRANTS DATED APRIL 16, 2010 IN
THE TOTAL AMOUNT OF $185,223.32, RECEIVED AND FILED (300.30)
6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT FOR PERIOD
ENDING APRIL 15, 2010, RECEIVED AND FILED (440.10)
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously to receive and file the new development
applications status report.
7. AWARD OF CONTRACT FOR HYDRAULIC CAPACITY PROJECT NO. 1 TO
SAK CONSTRUCTION, LLC, IN THE AMOUNT OF $658,075; AND ALL OTHER
BIDS REJECTED (600.30)
8. PLANS AND SPECIFICATIONS FOR THE JUNIPERO SERRA ROAD AND
RANCHO VIEJO ROAD INTERSECTION IMPROVEMENTS (CIP 07116),
APPROVED; AND STAFF AUTHORIZED TO SOLICIT AND RECEIVE BIDS
(600.30)
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve Plans and Specifications for the
Junipero Serra Road and Rancho Viejo Road intersection improvements project
(CIP 07116); and staff authorized to solicit and receive bids.
9. RESOLUTION NO. 10-05-04-01 ADOPTED APPROVING AN AMENDED AND
RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG)
JOINT POWERS AGREEMENT; AND CITY MANAGER AUTHORIZED TO
EXECUTE THE AGREEMENT (600.30)
4 5/4/2010
PUBLIC HEARINGS:
1. RESOLUTION NO. 10-05-04-02 ADOPTED AMENDING THE SCHEDULE OF
FEES AND CHARGES FOR CITY SERVICES (390.10)
Steve Montano, Assistant Administrative Services Director, provided a staff
report and responded to questions.
Mayor Uso opened the public hearing and invited testimony. No public testimony
was provided. Mayor Uso closed the public hearing.
Council Comment:
■ Need to correct typo on Exhibit E, page 16. regarding fees for club teams
based in San Juan Capistrano.
• $800 security deposit for facility rentals shall be reduced in half.
• Would like to further review Planning Deposit fees.
• kitchen fees for non-residents shall be $75.00 and $100.00 for
non -San Juan Capistrano businesses for profit.
• Cancellation fees for facility rentals shall be higher for non-residents and shall
depend on the timing of the cancellation.
• Fourth of July booths shall be $350.00 for non -San Juan Capistrano
businesses.
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Allevato, and carried 4-1 with Council Member Hribar opposed
to adopt Resolution No. 10-05-04-02 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION 09-04-21-04 AND APPROVING THE SCHEDULE
OF FEES AND CHARGES FOR CITY SERVICES", with the following changes:
• Kitchen Fees - Non-residents $75.00 and $100 for
non -San Juan Capistrano businesses for profit.
® Fourth of July Booths - $350.00 for non -San Juan Capistrano
business.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Nielsen, Freese and Mayor Uso
NOES: COUNCIL MEMBER: Hribar
ABSENT: COUNCIL MEMBER: None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS: None
5 5/4/2010
ORDINANCES:
ORDINANCE INTRODUCED ESTABLISHING LAND USE STANDARDS FOR
BUSINESSES WITH DRIVE -UP CONVENIENCE WINDOWS (460.20)
Council Member Hribar recused himself due to a property interest within 500 feet
of the property and left the Council Chamber.
Omar Sandoval, City Attorney, provided a staff report, and responded to
questions.
Public Comment:
■ Erin Kutnik, City resident, asked the City Council to consider projects not only
based on traffic, but all long term impacts including the City's economic
viability.
■ Paul Foster, City resident, felt that an In -N -Out on Del Obispo would
improve the area.
• Steve Behmerwohld, City resident, felt that the City would benefit from having
an In -N -Out and would not create additional traffic.
• Bob Sherwood, In -N -Out Real Estate Broker, preference in deferring
their presentation until having the opportunity to present their
Development Use Permit (DUP) application; and would appreciate the
City Council discussing the specific site as soon as possible.
■ Duty Otero, City resident, spoke in favor of In -N -Out on Del Obispo Street.
Larry Kramer, City resident, felt that the City Council should only concentrate
on the Ordinance at this time and defer from discussing In -N -Out until it
comes to the City Council through the process.
Council Comment:
Felt that not allowing drive-through facilities on Del Obispo Street is not just
about increasing traffic, but about the entrance to the. City; and felt that it did
not make sense to allow drive-through facilities on Del Obispo since the City
is in the process of updating the Downtown Master Plan at this time which
may add the possibility of expanding the core of downtown and create a
pedestrian oriented downtown which is contrary with drive-through facilities.
Did not favor allowing additional drive-through facilities on Del Obispo as it
may be pulled into the Downtown core with the new Downtown Master Plan.
Felt that Del Obispo is more of a commuter's street in which primary traffic is
generated by commuters leaving town; any future development on
Del Obispo can be done with the City's design standards and provide
businesses the opportunity to go through a Development Use Permit (DUP)
process; and felt that any restaurant, including drive-through restaurants can
be pedestrian friendly.
The City is in the process to change its design standards in order to reach
new businesses that are presently choosing other cities; new businesses
should have the opportunity to go through the process, and the City Council
has the ability to control the architecture and aesthetics of any future
proposed development in town.
6 514/2010
P
Add under page 15, Table 3--42 of the Ordinance: "At the discretion of the
Planning Commission, but in no event greater than 42 sq, ft. per menu/order
board.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem
Freese, and motion failed 2-2-1 with Council Member Allevato and Mayor Uso
opposed and Council Member Hribar recused to approve the reintroduction and
reading of an ordinance entitled " AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING CODE
AMENDMENT (CA) 09-02 (AMENDING VARIOUS SECTIONS OF TITLE 9,
LAND USE) RELATING TO DRIVE-THROUGH FACILITIES"; including the
Del Obispo corridor exception (Drive-through facilities not permitted on
Del Obispo Street, from Ortega Highway to Paseo Adelanto)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
RECUSED: COUNCIL MEMBER:
Nielsen and Mayor Pro tem Freese
Allevato and Mayor Uso
Hribar
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Freese, and carried 4-0-1 with Council Member Hribar recused to approve the
first reading and introduction of an ordinance of general applicability entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING CODE AMENDMENT (CA) 09-02 AMENDING VARIOUS
SECTIONS OF TITLE 9, LAND USE) RELATING TO LAND USE STANDARDS
FOR COMMERCIAL BUSINESSES WITH DRIVE-THROUGH FACILITIES.";
without the Del Obispo corridor exception.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Nielsen, Freese and Mayor Uso
NOES: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Hribar
ORDINANCE NO. 970: ADOPTED RELATING TO GRAFFITI (530.60)
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 have a second reading of an
ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REPEALING SECTION 5-13.02 OF CHAPTER 13
OF TITLE 5 AND ENACTING CHAPTER 31 OF TITLE 5 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE RELATING TO GRAFFITI".
7 5/4/2010
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING RED LIGHT CAMERAS — NO ACTION TAKEN
(590.50)
Lt. Dan Dwyer, Chief of Police Services, provided a statistic report of accidents
in the intersections with red light cameras four (4) years before the installation of
the red light cameras and four (4) years after the installation.
Cindy Russell, Assistant City Manager, responded to questions.
Council Comment:
Would be in favor of putting the matter on the November Ballot.
■ Preference in discussing the matter once construction for the 1-5/Ortega
Highway Interchange project commences.
2. DISCUSSION REGARDING LOS RIOS SPECIFIC PLAN — NO FORMAL
ACTION TAKEN (400.40)
Council Comment:
Consensus to agendize the item to a future City Council meeting.
Council Member Allevato provided information to the City Council regarding an
upcoming event at Historic Town Center Park scheduled for September 111h,
2010, that will be hosted by the Juaneno Band of Mission Indians and CREER.
Mayor Pro tem Freese would like to agendize at a future meeting a
Global Parking Strategy.
ADJOURNMENT:
Ther 4b� o further business, Mayor Uso adjourned the meeting at 9:52 p.m. to
Tuesdly 18, 2010, at 5:30 p.m. for Closed Session, and 6:30 p.m. for the
pub)I1c-nTs Session, in the City Council Chamber.
IS, CITY
Approved. May 18, 20
ATTEST:
i, o
DR. LONDRES USO, MAYOR
8 5/4/2010