10-0706_CC_Minutes_Regular MeetingMINUTES
July 6, 2010
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Uso called the Regular Meeting of the City Council to order at
6:34 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen, and
Mayor Dr. Londres Uso
COUNCIL MEMBERS ABSENT: Mayor pro tem Freese
PUBLIC COMMENT: None
CLOSED SESSION (61 0.85)
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 Marbella Development
Company vs. City of San Juan Capistrano.
e. 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.
f. Pursuant to Government Code Section 54956.9(b), the City Council conferred with
legal counsel pertaining to the claims from David Manthe, Eduardo Lara,
Lydia Doll, and Cathy Bugna.
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 Council Member Allevato gave
the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
and Mayor Dr. Londres Uso
COUNCIL MEMBERS/Dl RECTORS ABSENT: Mayor pro tem Freese
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:
■ Chamber of Commerce — Equestrian Council meeting.
■ Board meeting for new Veterinary Hospital.
■ Orange County Transportation Authority meetings.
■ San Juan Hills High School Community Program.
■ Fourth of July Celebration — thanked staff for the great event.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported that the next Open Space meeting will be held on
Monday, August 2, 2010, and announced that the City has been awarded with a
$100,000 Habitat Conservation Fund grant.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ San Juan Capistrano Farmer's Market.
■ Ecology Center will present a Summer Speaker Series.
■ Chamber of Commerce will host a network event at San Juan Hills Golf Course.
■ "Music Under the Stars", hosted by the Mission.
■ Chamber of Commerce will present a SCORE Business Workshop.
INTRODUCTIONS AND PRESENTATIONS
1. MARICELLA MORENO, COMMUNITY SERVICES COORDINATOR
RECOGNIZED FOR 30 YEARS OF SERVICE (730.90)
Mayor Uso recognized Maricella Moreno, Community Services Coordinator, for
30 years of service.
2 7/6/2010
2. STATUS AND FUNDING UPDATE FROM ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) ON RAIL SERVICES
OPPORTUNITIES, RECEIVED AND FILED (820.45)
Darrell Johnson, Orange County Transportation Authority, provided an update on
rail services opportunities.
3. QUARTERLY REPORT BY STATE LOBBYISTS — TOWNSEND PUBLIC
AFFAIRS, INC., RECEIVED AND FILED (600.30)
Heather Dion, Townsend Public Affairs, provided a quarterly report regarding
ongoing public funding efforts.
4. COUNCIL MEMBER ALLEVATO INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE; Mary Ellen West, San Juan Seniors;
Ilse Byrnes, Parks, Recreation and Equestrian Commission; Ginny Kerr,
Planning Commission; Larry Kramer, Transportation Commission; and Orange
County Fire Authority Division Chief, Rick Robinson.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Tara Lanigan, Youth Advisory Board, thanked the City Council for their support in
helping for the "Movie on the Green" event; and provided an update in the recruiting
process for new members.
■ Patrick Crowley, City resident, spoke in opposition of extending El Horno Street; and
requested that the City Hall Sub -Committee provide a report. City Council Member
Allevato informed that the City Hall Sub -Committee does not have anything to report
at this time, as the City is in the process to appeal a Court decision regarding the
Marbella Lot 217.
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening project.
• Art Guevara, City resident, spoke regarding a Tea Party attended by the Mayor,
which he felt was anti -immigrant, felt that the Mayor should resign; and submitted
information to the City Council.
• Larry Thomas, Chamber of Commerce, provided an annual update report and
announced the newly installed president Becky Rodarte.
■ Clint Worthington, City resident, felt that directional signs posted by the
Orange County Transportation Authority are redundant, and felt that they should
come down.
■ Tony Brown, City resident, felt that the Tea Party event at the City's Historic Center
was a success, thanked staff and indicated that trash or signs were not left behind.
Mayor Uso stated that he spoke at the event as a private citizen and not as the
Mayor.
3 76/2010
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 4-0-1 with Mayor pro tem Freese absent to approve
consent calendar items 1, 2, 6, 7, 8 and 14 through 16 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JUNE 3, 2010, (PLAZA BAN DERAS WORKSHOP), APPROVED
3. CITY COUNCIL MINUTES — REGULAR MEETING OF
JUNE 15, 2010, APPROVED
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried 3-1-1 with Mayor pro tern Freese absent and
Mayor Uso abstained to approve the June 15, 2010, regular meeting minutes
061 Well.,
AYES: COUNCIL MEMBER: Allevato, Hribar, and Nielsen
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
ABSTAIN: COUNCIL MEMBER: Mayor Uso
4. MINUTES OF THE SAN JUAN CAPISTRANO PUBLIC FINANCING
AUTHORITY BOARD OF DIRECTORS, REGULAR MEETING OF
JUNE 15, 2010, APPROVED AS SUBMITTED,
5.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried 3-1-1 with Mayor pro tem Freese absent and
Mayor Uso abstained to approve the June 15, 2010, regular meeting minutes
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, and Nielsen
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
ABSTAIN: COUNCIL MEMBER: Mayor Uso
MINUTES OF THE SEWER MAINTENANCE DISTRICT NO. 1 BOARD OF
DIRECTORS, REGULAR MEETING OF JUNE 15, 2010, APPROVED AS
SUBMITTED.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried 3-1-1 with Mayor pro tem Freese absent and
Mayor Uso abstained to approve the June.15, 2010, regular meeting minutes
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, and Nielsen
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
ABSTAIN: COUNCIL MEMBER: Mayor Uso
4 7/6/2010
6. ACCOUNTS PAYABLE WARRANTS DATED JUNE 25, 2010, IN THE TOTAL
AMOUNT OF $683,166.17 AND PAYROLL WARRANTS DATED
JUNE 11, 2010, IN THE TOTAL AMOUNT OF $199,935.12; AND PAYROLL
WARRANTS DATED JUNE 25, 2010, IN THE TOTAL AMOUNT OF
$217,497.16, RECEIVED AND FILED (300.30)
7. CASH BALANCES BY FUND — MAY 31, 2010, RECEIVED AND FILED (330.50)
8. NEW DEVELOPMENT APPLICATIONS STATUS REPORT ENDING
JUNE 15, 2010, RECEIVED AND FILED (440.10)
9. RESOLUTION ESTABLISHING A PUBLIC NOTIFICATION POLICY FOR
DEVELOPMENT PROJECT APPLICATION SUBJECT TO PUBLIC HEARING
AND PUBLIC MEETING NOTICING CONSISTENT WITH STATE LAW -- ITEM
TO COME BACK TO A FUTURE MEETING (150.10)
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
Public Comments:
• Trevor Dale, City resident, asked the City Council not to change the
notification and sign requirements in tier 2, as it is paid by the developer.
• Yvonne Tschaikowsky, City resident, felt that is important to maintain current
notification and signage requirements.
• Clint Worthington, City resident, asked the City Council not to consider
changing the notification and signage requirements.
Council Comments:
• Supports the tier system, and felt that the City should look into solutions in
order to save on citywide notifications for city initiated projects.
• Important to continue the requirements for private development projects.
• Need to retain the project information site signs and look into setting a time
frame.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Hribar, and carried 4-0-1, with Mayor pro tem Freese absent to
bring item back to the City Council..
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
10. COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR PARTICIPATION IN THE TRABUCO
CREEK HABITAT RESTORATION PLAN — CONTINUED TO JULY 20, 2010
(600.50)
5 7/6/2010
William Ramsey, Principal Planner, recommended that the item be continued to
July 20, 2010.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried 4-0-1, with Mayor pro tem Freese absent to continue
the item to July 20, 2010.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
11. AMENDMENT NO. 2 TO AGREEMENT NUMBER C-8-0861 WITH ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR RAILROAD GRADE
CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED
TO QUIET ZONE IMPLEMENTATION (600.50)
Public Comments:
• Clint Worthington, City resident, expressed concern with increases in cost.
• Darrell Johnson, Orange County Transportation Authority, provided
information related to costs increases related to bids for signal materials,
signal installations, and flagmen costs, and responded to questions from the
City Council.
Council Comments:
• Project is very important to residents who live close to the railroad tracks.
• Need to }seep further cost overruns down.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 4-0-1, with Mayor pro tem Freese absent to approve
Amendment No. 2 to Agreement No. C-8-0861 with Orange County
Transportation Authority for railroad grade crossing safety enhancements and
safety measures related to quite zone implementation.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
12. RESOLUTION NO. 10-07-06-01 ADOPTED, ACCEPTING EASEMENT FOR
PUBLIC STREET AND UTILITY PURPOSES ALONG CAMINO CAPISTRANO
(HEALTH CARE REIT INC.) (APN 121-070-08) (30311 CAMINO CAPISTRANO);
AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT,
APPROVED, AND CITY MANAGER AUTHORIZED TO EXECUTE; AND CITY
CLERK DIRECTED TO FORWARD THE AMENDED DEVELOPMENT
IMPROVEMENT AGREEMENT AND EASEMENT DEED TO THE ORANGE
COUNTY RECORDER'S OFFICE (600.501600.30)
6 7/6/2010
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried 4-0-1, with Mayor pro tern Freese absent to adopt
Resolution No. 10-07-06-01 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA, ACCEPTING
EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES ALONG
CAMINO CAPISTRANO (HEALTH CARE REIT INC.) (APN 121-070-08) (30311
CAMINO CAPISTRANO)"; amendment to Development Improvement
Agreement, extending the term for utility undergrounding, adjacent to 30311
Camino Capistrano, Silverado Senior Living (AC 98-07), including the first pole
located on the currently vacant property knows as APN 121-05-021, located
immediately north of the Silverado Senior Living project, approved; and City
Manager authorized to execute; and City Clerk directed to forward the amended
Development Improvement Agreement and Easement Deed to the Orange
County Recorder's office for recordation.
ROLL CALL;
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
13. RESOLUTION NO. '10-07-06-02 ADOPTED ESTABLISHING THE PROPERTY
TAX RATE FOR BONDED INDEBTEDNESS (OPEN SPACE MEASURE D-
1990) FOR FISCAL YEAR 2010111"; AND RESOLUTION NO. 10-07-06-03
ADOPTED ESTABLISHING THE PROPERTY TAX RATE FOR BONDED
INDEBTEDNESS (OPEN SPACE MEASURE Y-2008) FOR FISCAL YEAR
2010/11 (390.80)
Cindy Russell, Chief Financial Off=icer, responded to questions.
Council Comments:
• Provide projected yearly property tax rates for Measure Y-2008 to Council's
mail slots.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried 4-0-1, with Mayor pro tem Freese absent to adopt
Resolution No. 10-07-06-02 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS (OPEN SPACE
MEASURE D-1990) FOR FISCAL YEAR 2010111"; and Resolution No.
10-07-06-03 entitled, "A RESOLUTION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING THE PROPERTY TAX RATE
FOR BONDED INDEBTEDNESS (OPEN SPACE MEASURE Y-2008) FOR
FISCAL YEAR 2010/11"
7 7/6/2010
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
14. CONTRACT CHANGE NO. 47 TO CONTRACT NO. D08-050 WITH THE
COUNTY OF ORANGE IN THE AMOUNT OF $8,353.17 FOR THE
ABANDONMENT AND RELOCATION OF AN AIR -VAC, AND POTHOLE
EXCAVATION FOR SURVEY WORK ON THE EXISTING DISTRIBUTION
SYSTEM, APPROVED (600.50)
15. AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT WITH TETRA
TECH FOR CIVIL ENGINEERING SERVICES FOR ADDITIONAL WORK ON
HYDRAULIC CAPACITY PROJECT NO. 1 IN THE AMOUNT OF $13,040,
APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE
AMENDMENT (600.30)
16. PROJECT DIMENSIONS, INC. ADDED TO THE MASTER PERSONAL
SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR
CONSTRUCTION MANAGEMENT SERVICES FOR A ONE (1) YEAR TERM,
NOT TO EXCEED $50,000 PER PROJECT PROPOSAL, PER YEAR (600.30)
PUBLIC HEARINGS:
1. APPEAL DENIED FOR CONDITIONAL USE PERMIT (CUP) 09-013 ON CITY
PROPERTY LOCATED AT 29932 CAMINO CAPISTRANO (APN 650-023-09)
(T -MOBILE, ROBERT HOWELL REPRESENTATIVE); AND REFERRED BACK
TO PLANNING COMMISSION FOR REVIEW OF A FAUX WATER TOWER
DESIGN (460.70)
Justin Kirk, Associate Planner, provided a staff report and responded to
questions.
Mayor Uso opened the public hearing and invited testimony.
Public Testimony:
• Yvonne Tschaikowsky, City resident, spoke in favor of a faux water tower
rather than the faux tree.
• Ginny Kerr, City resident, expressed concern with the height of a faux water
tower and the proximity to an authentic historical building.
• Dean Brown, T -Mobile, provided an overview of the proposed project, and
responded to questions from the City Council.
Mayor Uso closed the public hearing.
8 7/6/2010
Council Comments:
• Preference in a faux water tower with possible signage that would be
historical in nature, but that would not bring too much attention; and need to
be mindful of Federal Communications Commission (FCC) requirements.
• Preference in a faux water tower that looks old and blends well with the
character of the City, and preference in not having any signage on it; and
staff to look into negotiating proper compensation.
• Felt that it would provide proper cellular coverage for residents.
• Need to be careful of not adding to many faux water towers around town.
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried 4-0-1, with Mayor pro tem Freese absent to
approve denying the appeal and refer back to the Planning Commission for
review of a faux water tower design.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
2, RESOLUTION NO. 10-07-06-04 ADOPTED, ADOPTING APPROPRIATIONS
AND AUTHORIZING EXPENDITURES RELATED TO THE 2010-2017
CITY SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM"
Public Correspondence:
• Lennie DeCaro, City resident, submitted an e-mail on July 5, 2010,
requesting that the Council approve the minimum repairs necessary to
preserve and stabilize the Para Adobe; and the importance to maintain the
property in order to protect the Ortega Highway of turning into a six (6) lane
highway.
Cynthia Russell, Chief Financial Officer, provided a staff report, and responded to
q uestions.
Mayor Uso opened the public hearing and invited testimony
Public Testimony:
• Stephen O'Neil, Capistrano Indian Council, asked that the City Council
consider the restoration of the Para Adobe.
Darrell Johnson, Capistrano Indian Council, asked that the City Council
consider the restoration of the Para Adobe; provided information of programs
provided; and responded to questions from the City Council.
• Ilse Byrnes, City resident, spoke regarding the importance to preserve the
Para Adobe and the Blas Aguilar.
Betty Valenzuela, City resident, explained the formation of the Capistrano
Indian Council.
• David Belardes, City resident, provided information on the formation of the
Acjachemen Nation and services provided; he felt that the Para Adobe and
Blas Aguilar should be preserved and used to provide educational programs.
• Dusty Otero, City resident, spoke regarding Federal recognition of the tribes.
9 7!612010
Mayor Uso closed the public hearing.
Council Comments:
• Felt that the Para Adobe does not provide adequate access and parking for
public use, and did not support investing money to repair at this time.
• Felt that the Para Adobe is a valuable asset; should look at this time into
doing the minimum to preserve it; and look into fundraising or forming a
Foundation in the future in order to do other improvements that would allow
more accessibility to the public.
• Very few historic structures left in town; need to find other sources for
preservation funding; should do the minimum at this time to preserve it.
• Need to keep in mind that the City has four (4) historic structures adjacent to
the Ortega Highway, which is a viable reason to maintain these structures.
• Consensus not to include the Para Adobe in the Capital Improvement
Projects (CIP), and bring back to the City Council as a separate item with the
project costs, and information if the grant can be modified to allow something
less than the full restoration.
• Need status information on the Blas Aguilar as to what needs to be done this
year.
• Suggested to work with CalTrans for the removal of the blue fence along
Camino Capistrano.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried 4-0-1, with Mayor pro tem Freese absent to adopt
RESOLUTION NO. 10-07-0604 entitled "A RESOLUTION OF THE CITY
COUNCIL OF. THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA,
ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES
RELATED TO THE 2010-2017 CITY SEVEN YEAR CAPITAL IMPROVEMENT
PROGRAM"; bring back to Council the Para Adobe Project as a separate item;
and split the Quite Zone Project cost between FY 2010111 and FY 2011112.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, and Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. RESOLUTION ESTABLISHING FEES SPECIFIC TO HOTEL AND VEHICLE
DEALERSHIPS — CONTINUED TO JULY 20, 2010 (330.50)
Steve Apple, Deputy City Manager, provided a staff report and responded to
questions.
10 7/6/2010
Council Comments:
• Preference in supporting only 50% fee reduction rather than 75%.
• Felt that item should be continued to next City Council meeting in order to
have a full Council.
Council Motion: Moved by Council Member AIlevato, seconded by
Council Member Hribar, and motion failed 2-2-1 with Mayor pro tem Freese
absent and Council Member Nielsen and Mayor Uso opposed to a 75%
fee reduction (specific to Hotels and Vehicle Dealerships), excluding
System Development Fees.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato and Hribar
NOES: COUNCIL MEMBER: Nielsen and Mayor Uso
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
Council Action: Moved by Council Member AIlevato, seconded by
Council Member Hribar, and carried 4-0-1 with Mayor pro tem Freese absent to
continue the item to July 20, 2010.
ROLL. CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
AIlevato, Hribar, Nielsen, and Mayor Uso
None
Mayor pro tem Freese
b. STAFF DIRECTED TO PROCEED WITH THE PROPOSITION 218
PUBLIC HEARING PROCESS FOR PROPOSED CHEVRON MTBE WATER
COMMODITY SURCHARGE BASED ON OPTION 1 AND OPTION 2 (1050.20)
Cindy Russell, Chief Financial Officer, provided a staff report and responded to
questions.
Council Comments:
Preference in Option 1 ($0.39 per unit) , felt that Option 2 ($0.74 per unit)
sets a precedent that residents are expected to subsidize potential litigation
casts; the entity that is responsible should bear the cost.
• Would not support Option 3 ($1.79 per unit); preference in looking at both
Option 1 ($0.39 per unit) and Option 2 ($0.74 per unit) at the Prop 218
public hearing, in order to determine financial impacts.
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried 4-0-1 with Mayor pro tem Freese absent to
direct staff to proceed with the Proposition 218 Public Hearing for proposed
Chevron MtBE water commodity surcharge based on Option 1 and Option 2
(actual rate to be determined at the Proposition 218 hearing); inclusion of the
power (electricity pass-through recommended as part of the City's Water Rate
Study dated November 2009; and prior to the hearing staff to bring back to
Council financial impacts for Option 1 and Option 2.
11 710!2010
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor pro tem Freese
ORDINANCES: None
COUNCI.LMANIC ITEMS:
1, DISCUSSION OF POTENTIAL DESIGN MODIFICATION TO THE LOS RIOS
COMMUNITY PARK PHASE 2 CONCEPTUAL DESIGN TO INCORPORATE
ACJACHEMEN CULTURAL ELEMENTS — NO FORMAL ACTION (400.40)
William Ramsey, Principal Planner, provided a staff report and responded to
questions.
Public Comment:
• Ed Nunez, City resident, felt that adding the components will be
educational and will provide representation of the Acjachemen Nation; and
responded to questions from the City Council.
• David Belardes, City resident, felt that there is Acjachemen center in town
already; felt that all groups need to be represented as well; and expressed
concern with the sweat lodges.
Council Comment:
• Would like to be able to see entire plan; not in favor of a fire pit; and
preference in adding some of the elements in the Blas Aguilar.
• Felt that is a good concept, but need to work out details.
• Would like to see all the Native American groups come together and
represented; concerned with making last minute changes to the grant
application that has already been submitted to the State.
• Consensus to direct staff to check with the State if conceptual plans can be
amended; and bring back to Council a conceptual design; and Council to
submit any questions and concerns to staff.
2. DISCUSSION OF POTENTIAL ADVISORY MEASURE REGARDING RETAIL
USES AT LOWER ROSAN RANCH — NO ACTION TAKEN (030.20)
Public Comment:
• Steve Behmerwhld, City resident, expressed support ,for a big box as long
as there would be a 300 ft. setback from the mobile home property line;
and questioned what the Council would do if the Advisory Measure was
turned down by the voters.
12 7!012010
Council Comment:
• Majority of the City Council not in favor of placing an Advisory Measure on
the November 2, 2010, ballot regarding the reconsideration of the 2002
vote opposing Lower Rosan Ranch sale to Home Depot or similar large
retail user.
3. DISCUSSION REGARDING ALLOWING UP TO FIVE HABITAT FOR
HUMANITY UNITS TO BE SOLD AS MODERATE INCOME UNITS TO
MILITARY FAMILIES (430.45)
Laura Stokes, Housing Coordinator, responded to questions.
Council Comment:
• Would like to bring back to the Redevelopment Agency the old fruit stand
on Camino Capistrano for potential affordable housing.
• Staff directed to brine back potential sites in town for affordable housing.
• Not interested in market rate housing, it needs to be below market rate.
• Should look into rentals as well.
Mayor Uso requested to agendize a stand-alone meeting with Studio One Eleven
in order to receive direction from the City Council regarding the
Downtown Master Plan,
ADJOURNMENT:
There ing no further business, Mayor Uso adjourned the meeting at
12:16 p":m to uesday, July 20, 2010, at 5:30 p.m. for Closed Session and 6:30 p.m. for
the publicBus ness Session in the City Council Chamber.
, CITY C
Approved: July
DR. LONDRES USCF MAYOR
13 7/6/2010