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10-0518_CC_Minutes_Regular MeetingMINUTES May 18, 2010 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Uso called the Regular Meeting of the City Council to order at 5:35 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 writ of mandate matter of Scalzo vs. City of San Juan Capistrano. C. Pursuant to Government Code Section 54956.9(x), the City Council conferred with legal counsel pertaining to existing litigation in the matter of Marbella Development Company vs. City of San Juan Capistrano. d. Pursuant to Government Code Section 54956.9(b), the City Council conferred with legal counsel pertaining to one potential item of significant exposure to litigation involving the contractual obligations of the parties involved in the purchase and sale agreement between Centra Realty and the City of San Juan Capistrano for the sale of Marbella Lot 217 as it relates to the matter of Marbella Development Company vs. City of San Juan Capistrano. e. 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 to order at 6:41 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance and 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: ■ Transportation Corridor Agency meetings. ■ Desalinization meeting. ■ Boys and Girls Club of Capistrano fundraising dinner. ■ Economic Development meetings. ■ City's 50th Year Anniversary planning meetings. 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", in downtown. ■ "The King and I", at the Camino Real Playhouse Theatre. ■ "Tack Up San Juan" held at the Rancho Viejo Riding Park and Blenheim Farms. ■ "Battle of the Mariachis" festival at the Mission San Juan Courtyard. ■ Historic Town Center Master Plan Workshop, at La Sala Auditorium. ■ "Transformer 2", free movie at the San Juan Hills Golf Course driving range hosted by the Youth Advisory Board. INTRODUCTIONS AND PRESENTATIONS Joe Tait, City Manager, read a letter from Mr. Jan Van Griethuysen, from The Hague, Holland, who gifted to the City of San Juan Capistrano an old bell found in an antique shop in Holland with the words "San Juan Capistrano' embossed. 1. TRANSPORTATION CORRIDOR AGENCY (TCA) UPDATE (610.40) Valarie McFall, Transportation Corridor Agency provided an update regarding environmental success stories. 2. ZIAD MAZBOUDI, SENIOR ENGINEER, RECOGNIZED FOR RECEIVING THE CALIFORNIA AMERICAN SOCIETY OF CIVIL ENGINEERS — OUTSTANDING CIVIL ENGINEER IN COMMUNITY SERVICES AWARD (610.40) 2 5/18/2010 Mayor Uso recognized Ziad Mazboudi, Senior Civil Engineer for receiving the California American Society of Civil Engineers — Outstanding Civil Engineering in Community Services Award, and presented him with a certificate of recognition. 3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Jan Siegel, Cultural Heritage Commission; Larry Kramer, Transportation Commission; Elenora Hoover, San Juan Seniors; Bill Bonney, Housing Advisory Committee; Dorthea Love, League of Women Voters; and Orange County Fire Authority Division Chief Rick Robinson. ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency • Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega Highway Widening project. • Larry Kramer, City resident, invited the Council to the Annual Ridgewalk, 10-K Run, and Bike Poker Ride. • Shelby Cunningham, City resident, spoke regarding lack of parking violations in Calle Reynaldo neighborhood. • Kim McCarthy, City resident, asked that the City Council write a letter to the League of Cities and Orange County Supervisors to influence the Orange County Registrar of Voters to use E -Verify to prevent illegal residents from voting. Mayor Uso requested that an item be agendize on the subject. • Marc Franz, City resident, spoke regarding speed humps that were approved on Hillside Terrace and have not been installed. Nasser Abbaszadeh, Public Works Director, stated that the new paving contractor will be in .the area within four (4) weeks to perform the work. • Tony Brown, City resident, invited the City Council to a Rally in support of the State of Arizona Law regarding illegal immigration, and asked that the City Council adopt a resolution supporting the State of California. • Patrick Crowley, City resident, requested the City Council to deny the renewal of the CREER License Agreement. CONSENT CALENDAR: Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried unanimously to approve consent calendar items 1 through 3, 5, 6, 10 and 12 as recommended by staff. 1. Motion to Read Ordinance by Title Only 2. CITY COUNCIL MINUTES — REGULAR MEETING OF MAY 4, 2010, APPROVED 3. RESOLUTION NO. 10-05-18-01 ADOPTED INITIATING PROCEEDINGS TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN EXISTING LANDSCAPE MAINTENANCE DISTRICT; AND SETTING THE PUBLIC HEARING DATE OF JUNE 15, 2010, TO CONSIDER ADOPTING ASSESSMENTS (345.20) 3 5/18/2010 4. EASEMENTS FOR PUBLIC STREET AND UTILITY PURPOSES ON CAMINO CAPISTRANO; AND AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT EXTENDING THE TERM OF THE DEVELOPMENT IMPROVEMENT AGREEMENT FOR UTILITY UNDERGROUNDING, ADJACENT TO 30311 CAMINO CAPISTRANO, SILVERADO SENIOR LIVING (AC 98-07) — CONTINUED TO A FUTURE MEETING (600.301670.50) Nasser Abbaszadeh, Public Works Directory responded to questions. Council Comment: Preference in bringing item back in order to address a possible extension of the utility undergrounding to the other side of Junipero Serra where the City is looking into, for potential affordable housing. Council Action: Moved by Council Member Nielsen, seconded by Council Member Allevato, and carried unanimously to bring back the item to a future Council meeting 5. INFIELD MAINTENANCE AGREEMENT WITH PROFESSIONAL SPORTS FIELD MAINTENANCE, INC FOR INFIELD MAINTENANCE SERVICES FOR A THREE (3) YEAR PERIOD COMMENCING JULY 1, 2010, AND ENDING JUNE 30, 2013, IN THE AMOUNT OF $144,420, AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) 6. RESOLUTION NO. 10-05-18-02 ADOPTED CALLING AND GIVING NOTICE OF NOVEMBER 2, 2010 ELECTION; AND RESOLUTION NO. 10-05-18.03 ADOPTED REQUESTING CONSOLIDATION WITH STATEWIDE ELECTIONS WITH THE ORANGE COUNTY REGISTRAR OF VOTERS (630.20) 7. CONTRACT FOR THE 4TH OF JULY CELEBRATION WITH PYRO SPECTACULARS, INC. IN THE AMOUNT OF $31,500, APPROVED (600.30) Karen Crocker, Community Services Director, responded to questions. Council Comment. ■ Should research into having a laser show as an alternative to aerial fireworks for future 4th of July events. Council Action: Moved by Council Member Allevato, seconded by Council Member Hribar, and carried unanimously to approve a contract with Pyro Spectaculars, Inc. in the amount of $31,500 for the Ott' of July celebration. 4 5/18/2010 8. PERSONAL SERVICES AGREEMENT WITH TRC SOLUTIONS, INC. FOR CULTURAL RESOURCE AND PALEONTOLOGICAL MONITORING FOR THE EASTERN WELLS PIPELINE PROJECT (GIP 08802) (600.30) West Curry, Assistant Utilities Director, and Steve Apple, Community Development Director, responded to questions. Pudic Correspondence: ■ Anthony Rivera, Juaneno Band of Mission Indians, submitted a letter dated May 18, 2010, asked that the City Council continue the item until their Tribe and TRC Solutions, can agree on having Juaneno monitors on the project. Public Comment: ■ Nathan Banda, Juaneno Band of Mission Indians, provided a letter to the Council with modified rates for performing the monitoring services; and responded to questions from the City Council. ■ Susan Underbrink, TRC Solutions, Inc, provided information regarding their monitor subcontractor selection process, and responded to questions from the City Council. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Hriibar, and carried unanimously to approve Personal Services Agreement with TRC Solutions, Inc. for cultural resource and paleontological monitoring for the Eastern Wells Pipeline Project (CIP 48802) for an amount not to exceed $95,406; and $96,000 transferred from the water capital fund 64 to the eastern wells pipeline project 50-94599-62131-08802-000. 9, CONTRACT WITH PARAGON PARTNERS, LTD. TO PREPARE AN UPDATE TO THE CAPISTRANO TERRACE MOBILEHOME PARK RELOCATION IMPACT REPORT — CONTINUED FOR SIXTY (60) DAYS (600.30) Public Correspondence: ■ Sally Garibaldi Rather, President of the Capistrano Terrace Mobilehome Park Homeowners Association, submitted a letter dated May 17, 2010, expressing concern that the City has not followed the ordinance requirements for the Mobilehome Park owner's to disclose ownership information. Public Comment: ■ Jim Vance, City resident, requested that the City Council continue the item until the City has all the information needed and has a full understanding of the process. ■ Ray Poulter, Advance Real Estate Services, requested that the item be continued indefinitely in order to continue further discussions with staff; and responded to questions from the City Council. ■ Sally Garibaldi Rather, City resident, expressed concern with interpretation of the ordinance by the City Attorney; felt that the item should not be continued indefinitely; and responded to questions from the City Council. 5 5/18/2010 Council Comment: ■ Felt that the item should be continued by the applicant's request, but not longer than 30 days. ■ Suggested that the item be continued for sixty (60) days. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and carried 4-1, with Council Member Nielsen opposed to continue the item for sixty (60) days. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor Uso NOES: COUNCIL MEMBER: Nielsen ABSENT: COUNCIL MEMBER: None 10. RESOLUTION NO. 10-05-18-04 ADOPTED DECLARING THE WORK PERFORMED BY MARK SAUER CONSTRUCTION, INC. FOR THE MONTANEZ ADOBE REPAIR (CIP 07406) ACCEPTED AND APPROVED; CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $16,840.01, 35 DAYS AFTER RECORDATION (600.30) 11. STAFF DIRECTED TO SUBMIT TO THE STATE OF CALIFORNIA PROPOSITION 84 NATURE EDUCATION FACILITIES (NEF) GRANT PROGRAM AN APPLICATION FOR LOS RIOS COMMUNITY PARK, PHASE 2 IMPROVEMENTS, BLAS AGUILAR ADOBE REPAIR AND RESTORATION; NORTHWEST OPEN SPACE PHASE 1 IMPROVEMENTS, AND THE KINOSHITA FARM COMMUNITY GARDEN IMPROVEMENTS (530.10 William Ramsey, Principal Planner, and Heather Dion, Townsend Public Affairs, responded to questions. Council Comment: ■ Preference in continuing to support the City Council action taken at the March 2, 2010 meeting in support of the Northwest Open Space Phase 1 Improvements, Los Rios Community Park Phase 2 Improvements, Kinoshita Farm Community Garden Improvements and the Blas Aguilar Adobe Repair and Restoration. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to direct staff to submit to the State of California Proposition 84 Nature Education Facilities (NEF) Grant Program an application for the following open space and recreation project, placing. them in different funding tiers: • Los Rios Community Park, Phase 2 Improvements. • Blas Aguilar Repair and Restoration. • Northwest Open Space Phase 1 Improvements • Kinoshita Farm Community Garden Improvements. 6 5/18/2010 12. ACCOUNTS PAYABLE WARRANTS DATED MAY 6, 2010 IN THE AMOUNT OF $1,565,962.42; AND PAYROLL WARRANTS DATED APRIL 30, 2010 IN THE TOTAL AMOUNT OF $187,4€33.16, RECEIVED AND FILED (300.30) 13. STATUS UPDATE OF EXPIRED LICENSE AGREEMENT WITH CREEK-COMUNIDAD Y FAMILIA FOR THE STONEFIELD OFFICE SPACE, RECEIVED AND FILED (600.30) Karen Crocker, Community Services Director, provided a staff report and responded to questions. 129MMOT671711l-� Alvin Ehrig, City resident, felt that CREER is racially dividing the town, and questioned their affiliations with certain organizations. Orrie Brow, City resident, felt that CREER only caters to one race, and urged the City Council not to renew their license agreement. Kim McCarthy, City resident, felt that CREER divides the town by only catering to one race. Council Comment: Felt that City facilities need to be rented at fair market value, and any subsidies need to go through City Council's approval. ■ Need to make sure that all City facilities are properly managed. ■ Stated that CREER submitted flyers for their events to local schools in English and Spanish; and clarified that CREER together with the Juanenos Band of Mission Indians will be inviting the American Legion, Veterans of Foreign Wars, 1111 Marines Battalion, and the City for a "Day of Remembrance" at the Historic Town Center Park on September 11th before having any commemorations for "Indigenous People Day". ■ Stated that the City's policy has been to assist new community organizations/non-profits to start up, but they should eventually stand on their own and discontinue subsidization from the City. ■ Opposed to continue subsidizing or having a license agreement at fair market value with CREER for use of a City building, felt that they're no longer a social organization, but instead a political organization that encourages illegal immigration in the community. PUBLIC HEARINGS: ORDINANCE AMENDING, TITLE 9, CHAPTER 2.331, MOBILEHOME PARK CONVERSIONS, CLOSURES, AND CESSATION OF USE — CONTINUED UNTIL HOUSING ADVISORY COMMITTEE REVIEWS (430.60) Laura Stokes, Housing Coordinator, provided a staff report and responded to questions. Mayor Uso opened the public hearing and invited testimony. 7 5/18/2010 Council Comment: ■ Vickie Tally, Manufacture Housing Educational Trust, submitted a letter dated May 15, 2010, recommending modifications to the proposed ordinance. ■ Sally Garibaldi Rather, President of the Capistrano Terrace Mobilehome Park Homeowners Association, submitted a letter dated May 17, 2010, expressing concern with the language in the ordinance pertaining to shelf life of the Relocation Impact Report. Public Testimony: ■ Gila Jones, City resident, concerned with language changes in the ordinance that were not the same approved by the Housing Advisory Committee. • Sally Garibaldi Rather, City resident, felt that it was too premature to approve the changes in the ordinance. E Vicky Talley, Manufactured Housing Educational. Trust, requested that the City Council do not make any changes to the current ordinance. Mayor Uso closed the public hearing Council Comment: ■ Preference in having the Housing Advisory Committee reviewing the proposed changes prior to the City Council making a decision. ■ Encouraged the Housing Advisory Committee to be fair and make sure that there is equal responsible for both the applicant and the tenants to respond or submit information in a timely matter. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Nielsen, and carried unanimously to continue the public hearing until the proposed changes to the ordinance go through the Housing Advisory Committee for review. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: G1. COMMUNITY DEVELOPMENT DIRECTOR a. STAFF DIRECTED TO BRING BACK A RESOLUTION WITH A 75% TEMPORARY REDUCTION OF DEVELOPMENT IMPACT FEES FOR HOTELS AND AUTO DEALERSHIPS (330.50) Steve Apple, Community Development Director, provided a staff report and responded to questions. Public Correspondence: ■ Kristine E. Thalman, Building Industry Association, submitted a letter dated May 18, 2010, asking that the City Council also consider temporarily reducing fees for residential construction. 8 511$12010 Public Comment: • Robert Olson, RD Olson Companies, encouraged the City Council to approve a temporary reduction of Development Impact Fees. ■ Robert Bowling, speaking on behalf of Tuttle -Click Ford, inquired regarding the timing period for the fee reduction. Council Comment: ■ Important to reduce fees in order to be competitive, and suggested a 75% (1 year time limit) reduction of Development Impact Fees for Hotels, Auto Dealerships, and "Big Box" businesses. ■ "Big Box" businesses should be considered separately as they might not need fee reductions; and should look into 50% fee reductions and look into other incentive alternatives, like rebates. • Preference in not risking the opportunity of bringing Transient Occupancy Tax (TOT) to the City. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and motion failed 2-3 with Council Member Allevato, Council Member Nielsen and Mayor Uso opposed to direct staff to bring back a resolution with a 75% temporary reduction of Development Impact Fees for Hotels, Auto Dealerships, and "Big Box" businesses. ROLL CALL: AYES: COUNCIL MEMBER: Hribar and Mayor pro tem Freese NOES: COUNCIL MEMBER: Allevato, Nielsen and Mayor Uso ABSENT: COUNCIL MEMBER: None Council Action: Moved by . Council Member Allevato, seconded by Council Member Hribar, and carried 3-2 with Council Member Nielsen and Mayor Uso opposed to direct staff to bring back a resolution with a 75% temporary reduction of Development Impact Fees for Hotels, and Auto Dealerships (excluding "Big Box" businesses). ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Allevato, Hribar and Mayor pro tem Freese Nielsen and Mayor Uso None b. CONCEPTUAL DESIGN PLANS FOR LOS RIOS PARK, PHASE 2 FOR A NATURE EDUCATION FACILITIES (NED) GRANT — BRING BACK TO COUNCIL ON JUNE 1, 2010 (530.10) William Ramsey, Principal Planner, provided a staff report and responded to questions. David Contreras, Senior Planner, and Heather Dion, Townsend Public Affairs, responded to questions. 9 5/18/2010 Council Comment: ■ Preference in building a park with grant funds that all residents can use. ■ Important to include at least Y/2 acre of level lawn along Paseo Adelanto; and install in the future picnic tables. ■ Should look into using draught tolerant hybrid bermuda grass rather than natural native grass. ■ Need to incorporate additional parking if the desire is to have an active park. ■ In favor of submitting a grant application for the meadow area (active use portion) under Prase 3. Council Action: Moved by Council Member Allevato, seconded by Council Member Nielsen, and carried unanimously to direct staff to bring back with the City Council's recommendations the conceptual design plans for Los Rios Park, Phase 2 at the June 1, 2010, meeting. ORDINANCES: 1. ORDINANCE NO. 971: ADOPTED RELATING TO LAND USE STANDARDS FOR COMMERCIAL BUSINESSES WITH DRIVE-THROUGH FACILITIES; AND ADOPTION OF A NEGATIVE DECLARATION (530.60) Council Member Hribar recused himself due to a property interest within 500 feet of the property and left the Council Chamber. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Allevato, and carried 4-0-1 with Council Member Hribar recused to approve second reading of an ordinance 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", and adoption of a negative declaration. ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: RECUSED: COUNCIL MEMBER: COUNCILMANIC ITEMS: Allevato, Nielsen, Freese and Mayor Uso None Hribar SHIGERU "SHIG" KINOSHITA, KATHY HOOPER, AND JONATHAN VOLZKE SELECTED AS THE 2010 HONOREES FOR THE WALL OF RECOGNITION (210.10) Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and carried unanimously to select Shigeru "Shig" Kinoshita, 10 5/1812010 Kathy Hooper, and Jonathan Volzke as the 2010 Honorees for the Wall of Recognition. 2. DISCUSSION OF POTENTIAL DISPOSITION OF HISTORIC PROPERTIES — NO ACTION TAKEN (670.70) Council Comment: ■ Would like to look into potential disposition of historical properties which have a high maintenance: cost to the City. • City should look into having a comprehensive review of all properties and how much it costs the City to maintain. ■ Preference in staff not spending time on a comprehensive review of the properties at this time. 3. CITY COUNCIL POLICY N.O. 124 ADOPTED DEFINING THE ROLE OF THE MAYOR (610.30) Council Correspondence: ■ Mark Nielsen, Council Member, submitted a proposed policy defining the Role of the Mayor, Council Action: Moved by Council Hribar, seconded by Council Member Allevato, and carried unanimously to adopt City Council Policy No. 124 defining the Role of the Mayor. Council Member Nielsen requested that the following items be agendize: 1) pursuing the removal of San Juan Creek Road extension from the County's Master Plan of Arterial Highway (MPAH) which is already expressed in the current General Plan; 2) the vacant position of Economic Development Manager. ADJOURNMENT., Therka i no further business, Mayor Uso adjourned the meeting at 11:13 p.m. to Tu sune 1, 2010, at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public B siSession; and then to Thursday, June 3, 2010, at 1 00or a Lone Term/Vision Strategic Workshop in the City Council Chamber. Approved.\June 1, ATTEST: 11 511812010'