10-0601_CC_Minutes_Regular MeetingMINUTES
June 1, 2010
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Uso called the Regular Meeting of the City Council to order at
5:33 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(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 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 6:40 p.m. in the City Council Chamber.
Council Member Nielsen 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:
Omar Sandoval, City Attorney, reported that the City received a jury verdict on the
Scalzo vs. City of San Juan Capistrano. At this time the City is in the process of
reviewing the City's options, and any questions shall be referred to the City Attorney.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ Toll Road Corridor Agency Budget meeting.
■ Equestrian Coalition of San Juan Capistrano event.
■ GRIP event.
■ "Memorial Day Remembrance" Ceremony.
■ Meeting with Orange County Supervisor Bill Campbell.
■ Orange County -Fire Authority meeting.
■ San Juan Basin Authority meeting.
■ Library Advisory Board meeting.
■ Vector Control meeting.
■ Community Redevelopment Agency meeting with potential businesses.
■ International Council of Shopping Centers Conference in Las Vegas.
■ Local "Mariachi Battle of the Bands".
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=
■ Special Ceremony for Wall of Recognition Honorees, in the Community Center.
■ San Juan Capistrano Regional Library first Friday Film event.
■ Youth Advisory Board's free movie at the San Juan Hills Golf Course.
■ Historic Town Center Plan Public Workshop with the City and Studio One Eleven.
■ Second Saturday Art Fair.
■ The Living History Society event at the Mission San Juan Capistrano.
■ "Family Fun Day", at the RMV Riding Park.
■ San Juan Capistrano Farmer's Market.
INTRODUCTIONS AND PRESENTATIONS
1. TALLICA MCINTYRE NAMED THE BOYS & GIRLS CLUBS OF CAPISTRANO
VALLEY'S 2009 YOUTH OF THE YEAR (610.10)
Mayor Uso recognized Tallica McIntyre as the Boys & Girls Clubs of Capistrano
Valley's 2009 Youth of the Year. Mayor Uso presented her with a certification of
recognition.
2. CALTRANS 1-510RTEGA INTERCHANGE PROJECT — ALTERNATIVE 43 -
PRESENTATION (800.20)
2 61112010
Tim Neely, Planning Commissioner representing the City of San Juan Capistrano
Aesthetics Team provided a power point presentation giving a status report on
the Caltrans 1-5/Ortega Highway Interchange project. Nooshim Yoosefi, Caltrans
Project Manager responded to questions from the City Council.
Council Comment:
■ Essential for Caltrans to be sensitive to the historic character of the City.
■ Important in keeping the cloverleaf design as an entrance to the City.
■ Important for Caltrans to take into consideration the proximity of the project to
the Mission San Juan Capistrano.
■ Concerned with overly large concrete areas; need to recognize the impacts to
the historic town; project cannot be treated as new design construction.
■ If Caltrans's engineering standards requirements cannot be changed in order
to recognize the uniqueness of town, the City needs to reach out to higher
representatives in Sacramento and Orange County Supervisors.
■ Need to prioritize first right of refusal on the parcels, and the utility
undergrounding.
■ Imperative that Caltrans decision makers visit the City in order to recognize
the historic perspectives.
■ Need to keep the rural and historic character, and have the proper
landscaping.
3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Jim Mocalis and Robert Williams, Planning Commission;
Joanne Marquez, Housing Advisory Committee; Larry Kramer, Transportation
Commission; Mary Ellen West, San Juan Senior; Ilse Byrnes, Parks, Recreation
and Equestrian Commission; and Dortea Love, League of Women Voters.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening project.
■ Lupe Moreno, Santa Ana resident, felt that September 11h should be reserved for
9111 Remembrance Day and not to celebrate Mexican Independence Day.
■ Delia de La Vara, National Council of La Raza (NCLR), provided information
regarding their organization and responded to questions from the City Council.
■ Adam Maywhort, Homefront America, provided a slide presentation and invited the
City Council and the public to the upcoming Great Western Grub Fest.
■ Mamie Young Maywhort, Homefront America, invited the City Council and public to
the upcoming Great Western Grub Fest and thanked the City Council for support.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously to approve consent calendar items 1 through 6 as
recommended by staff.
3 61112610
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES REGULAR MEETING OF
MAY 18, 2010, APPROVED
3. ACCOUNTS PAYABLE WARRANTS DATED MAY 20, 2010 IN THE AMOUNT
OF $1,427,814.42; AND PAYROLL WARRANT DATED MAY 13, 2010 IN THE
AMOUNT OF $197,384.63, RECEIVED AND FILED (300.30)
4. CASH BALANCES BY FUND PERIOD ENDING APRIL 30, 2010, RECEIVED
AND FILED (330.50)
5. CLAIM OF KEVIN SWEENEY DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTOR CARL,
WARREN AND COMPANY (170.70)
6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT FOR PERIOD
ENDING MAY 15, 2010, RECEIVED AND FILED (440.10)
7. LOCATION OF ACCESS ROAD AT THE RANCHO MISSION VIEJO RIDING
PARK LEMON GROVE, APPROVED (820.20)
Council Action: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese, and carried unanimously to approve the location of the
access road at the Rancho Mission Viejo Riding Park Lemon Grove.
8 SUBMISSION OF CONCEPTUAL DESIGN PLANS FOR LOS RIOS PARK,
PHASE 2 TO THE STATE OF CALIFORNIA PROPOSITION 84 GRANT
PROGRAM NATURE EDUCATION FACILITIES (NED) GRANT, APPROVED
(530.10)
Council Comment:
• Felt that even though the park plan looks nice, it is not the best use for the
property.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried 4-1 with Mayor pro tem Freese opposed to
approve submission of the Conceptual Design Plans for the Los Rios Park,
Phase 2 to the State of California Proposition 84 Nature Education Facilities
(NEF) Grant.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen and Mayor Uso
NOES: COUNCIL MEMBER: Mayor pro tem Freese
ABSENT: COUNCIL MEMBER: None
9. PLANS AND SPECIFICATIONS FOR THE DOMESTIC WATERLINES E13 --
E14 (CIP 08803), APPROVED (600.30)
4 611/2010
West Curry, Assistant Utilities Director, responded to questions.
Council Action: Moved by Mayor pro tem Freese, seconded by
Council Member Hribar, and carried unanimously to approve the Plans and
Specifications for the Domestic Waterlines E13 — E14; and the City Clerk
authorized to receive bids (CIP 08803)
10. RESOLUTION 10-06-01-01 ADOPTED APPROVING THE STATUS OF THE
CITY'S CIRCULATION ELEMENT AS IT RELATES TO THE COUNTY'S
MASTER PLAN OF ARTERIAL HIGHWAY (800.60)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Allevato, and carried unanimously to approve a Resolution
10-06-01-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONCERNING THE STATUES
OF THE CIRCULATION ELEMENT FOR THE CITY OF SAN JUAN
CAPISTRANO AND REVIEW FOR CONFORMANCE WITH THE COUNTY'S
MASTER PLAN OF ARTERIAL HIGHWAYS (MPRH)"
11. RESOLUTION 10-06-01-02 ADOPTED AUTHORIZING APPLICATION FOR
THE FUNDS FROM THE TRANSPORTATION ENHANCEMENT (TE)
PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT,
TRANSPORTATION ACT — RIDING PARK CLASS I BIKEWAY PROJECT;
RESOLUTION 10-06-01-03 ADOPTED AUTHORIZING APPLICATION FOR
FUNDS FROM THE TRANSPORTATION ENHANCEMENT (TE) PROGRAM
UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT,
TRANSPORTATION ACT — ORTEGA HIGHWAY AT DEL OBISPO
BEAUTIFICATION PROJECT (940.45)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried unanimously to approve a RESOLUTION
NO. 10-06-01-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING
APPLICATION FOR THE FUNDS FROM THE TRANSPORTATION
ENHANCEMENT (TE) PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE,
FLEXIBLE, EFFICIENT, TRANSPORTATION ACT- LEGACY FOR USERS FOR
RIDING PARK CLASS I BIKEWAY PROJECT;" RESOLUTION NO. 10-06-01-03
entitled °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS
FROM THE TRANSPORTATION ENHANCEMENT (TE) PROGRAM
UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT,
TRANSPORTATION ACT- LEGACY FOR USERS FOR ORTEGA HIGHWAY AT
DEL OBISPO BEAUTIFICATION PROJECT."
5 6/1/2010
12. LICENSE AGREEMENT WITH CREER — COMUNIDAD Y FAMILIA FOR USE
OF THE STONEFIELD OFFICE BUILDING, APPROVED (600.30)
Karen Crocker, Community Services Director, responded to questions.
Public Comment:
The following persons spoke in favor of the license Agreement renewal with
CREER- Comunidad y Familia: Sheryl France -Moran, City resident; Dr. Cathy
Wietstock, Mission Viejo Resident; Adela Coronado Greeley, City Resident; Jan
Meslin, OCCCO; Iliana Farias, Aliso Viejo Resident; Eduardo Moreno, Irvine
Resident; Rosan Ceja, Mission Viejo resident; Pat Ahearn, City resident;
Bradley Reyes, City resident; Cesar Loya, City resident; Sindy Garcia,
City resident; Richard Ybarra, CREER; Roger Kinoshita, Santa Ana
resident; Ed Connor, CREER; Joanne Marquez, City resident; and
Joe Soto, CREER (responded to questions from the City Council).
The following persons spoke against the License Agreement renewal with
CREER — Comunidad y Familia: Patrick Crowley, City resident; Kim McCarthy,
City resident; Kim Leftner, City resident; Orrie Brown, City resident; and
Tony Brown, City resident.
Council Comment:
• Felt that CREER develops leadership within the youth community, and
supported the License Agreement.
• Felt that the proposed rental amount is at fair market value.
• Felt that CREER helps divert kids from joining gangs.
• Should add the following language to the agreement under Exhibit B: "No
other Party is authorized to use this facility, and applicant is explicitly
prohibited from allowing any third Party to use the facility. Violation of this
provision shall be a default and subject applicant for immediate
termination".
• The Gang Injunction Program alone is not sufficient to break the cycle of
gang violence; CREER provides a safety net and alternatives for kids to
stay away from gangs.
• Felt that CREER offers great services, but concerned with the political
perception; need to also teach the American culture and look into making
changes to their Mission Statement and Goals; and would prefer a
one-year agreement.
• CREER needs to be a social program that focuses on the welfare of all
children in the community; and preference in a one-year agreement.
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried unanimously to approve a one-year License
Agreement with CREER — Comunidad y Familia for use of the Stonefield Office
Building; and add the following language to Exhibit B: "No other Party is
authorized to use this facility, and applicant is explicitly prohibited from allowing
any third Party to use the facility. Violation of this provision shall be a default and
subject applicant for immediate termination".
6 6/1/2010
PUBLIC HEARINGS:
1. APPEAL OF CONDITIONAL USE PERMIT (CUP) 09-13, REQUEST OF
APPROVAL TO DEVELOP AND MAINTAIN A WIRELESS
TELECOMMUNICATIONS FACILITY AT 29932 CAMINO CAPISTRANO -
CONTINUED TO THE MEETING OF JULY 6, 2010 (460.70)
Mayor Uso opened the public hearing and invited testimony.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Nielsen, and carried unanimously to continue the public hearing
to July 6, 2010.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. PUBLIC WORKS DIRECTOR
a. ORDINANCE INTRODUCED AMENDING SECTION 4-6.501 OF THE SAN
JUAN MUNICIPAL CODE TO ESTABLISH A SPEED LIMIT OF 40 MILES PER
HOUR ON AVENIDA VISTA MONTANA (590.30)
Alan Oswald, Senior Traffic Engineer, responded to questions.
Maria Morris, City. Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried unanimously to approve the first reading
and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE
SPEED LIMIT ON AVENIDA VISTA MONTANA BY AMENDING SECTION 4-
6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE"
G2. CITY MANAGER
a. CHEVRON MTBE WATER COMMODITY SURCHARGE AND AUTOMATIC
PASS-THROUGHS FOR POWER COSTS- ITEM WITHDRAWN BY STAFF
(1050.20)
b. DISCUSSION OF ACCESS TO CAMINO LAS RAMBLAS STAGING AREA
(820.20)
7 6/1/2010
Public Comment:
• David Robinson, City resident, felt that the main problems are related to
the motorcycles, not the horses, bicyclists or hikers; felt that the
cul-de-sac is not needed as there's sufficient parking available; and
ensure proper notification if it comes back to the City Council.
• Jerry Robinson, City resident, felt that current access is sufficient;
and felt that the gates should be locked at night if the City Council
decides to open in the future.
• Steve Tranter, City resident, stated that the gates were supposed to be
locked except for a special event; and felt that a cul-de-sac would
encourage motorcycles.
Council Comment:
• Staff is to bring back to the City Council any decisions that have to do
with opening the gates, or staging area; and properly notify the
residents.
C. CONSIDERATION OF LOCATION FOR CITYWIDE STORAGE YARD
(240.10)
Council Comment:
• Preference in not having a storage yard at the RMV Riding Park.
• Should look into the possibility to use Lower Rosan Ranch as a
temporary storage yard.
• Consensus to have staff bring back to the City Council a
recommendation with specific location areas for a citywide
storage yard.
ORDINANCES: None
COUNCILMANIC ITEMS:
1. DISCUSSION OF POTENTIAL CORRESPONDENCE TO THE LEAGUE OF
CITIES AND ORANGE COUNTY SUPERVISORS REGARDING REGISTRAR
OF VOTERS/E-VERIFY (140.20)
Council Comment:
• Should look into writing a letter to Orange County Representatives, and
other Orange County cities regarding looking into solutions on how to
prevent illegal immigrants from registering to vote.
• Time should not be spent on issues that the City has no control
over at this time.
2. POTENTIAL AFFORDABLE HOUSING PROGRAM FOR MILITARY FAMILIES
(430.45)
Mayor pro tem Freese recused herself due to the proximity of the Habitat for
Humanity project to her residence and left the City Council Chamber.
8 6/1/2010
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and motion failed 2-2-1 with Council Member Allevato
and Mayor Uso opposed, and Mayor pro tem Freese recused to adjourn the
meeting.
ROLL CALL:
AYES: COUNCIL MEMBER: Nielsen and Hribar
NOES: COUNCIL MEMBER: Allevato and Mayor Uso
RECUSED: COUNCIL MEMBER: Mayor pro tem Freese
Council Comment:
• Possibility of allowing Habitat for Humanity to sell (5) units to Military
families as moderate income instead of low income.
Omar Sandoval, City Attorney, stated that the item needs to be agendize under
the Community Redevelopment Agency for consideration, as the Habitat for
Humanity Item is not clearly identified in the title of the agenda.
ADJOURNMENT:
There being no further business, Mayor Uso adjourned the meeting at 11:50 p.m. to
Thursday, June 3, 2010 at 1:00 p.m. for a Long TermNision Strategic Workshop, and
then to June 9, 2010 at 2:00 p.m, for a Joint City Council/Community Redevelopment
Agency — Budget Workshop; and then to Tuesday, June 15, 2010 at 3:00 p.m. for a
Ji
nd Regular Meeting (Budget); and then to the Regular Meeting of Tuesday,
f5 2010 at 5:30 p.m. for Closed Session and 6:30 p.m. for the public Business
n i the City Council Chamber.
M
Approved: June 15, 2010
ATTEST:
DR. LONDRES USO, MAYOR
9 6/1/2010