10-0817_CC_Minutes_Regular MinutesMINUTES
August 17, 2010
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: Tom Hribar, Mark Nielsen, Mayor pro tem Freese,
and Mayor Dr. Londres Uso
COUNCIL MEMBERS ABSENT: Sam Allevato
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(b), the City Council conferred with
legal counsel pertaining to an item of significant exposure to litigation pertaining to
facts or circumstances not yet known to a potential plaintiff.
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.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Mark Nielsen, Mayor pro tem Freese,
and Mayor Dr. Londres Uso
COUNCIL MEMBERS/DIRECTORS ABSENT: Sam Allevato
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
MEETING DEDICATION: \Mayor Uso dedicated the meeting to the late Sergeant
Jose L. Saenz III, who was killed in combat in Afghanistan. He was assigned to the
1St Marine Division, :1st Battalion, 11th Marines at Camp Pendlenton. The 1/11 is the
adopted unit of the City.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Mayor Uso announced that no reportable actions took place in Closed Session.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ South Orange Coastal Desalinization meeting.
■ Re -opening of the Montanez Adobe.
■ Meetings with potential new businesses coming to the City.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen provided an update on potential Habitat Conservation Fund
(HCF) Grant projects and application deadlines; and asked for the City Council's
concurrence in directing staff to apply for Habitat Conservation Fund (HCF) grants.
Council Comment:
• Consensus to direct staff to apply for Habitat Conservation Fund (HCF) grants.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ Rancho Mission Viejo 10t" Anniversary Rodeo.
■ "San Juan Summer. Nites".
■ "Music Under the Stars", hosted by the Mission.
■ Annual "Rotary Ridge Walk/1 OK Trail Run"
INTRODUCTIONS AND PRESENTATIONS
1. MARIANNE TAYLOR AND JANET CROWTHER RECOGNIZED AS
COMMUNITY SERVICE LEADER OF THE YEAR (610.40)
Mayor Uso recognized Marianne Taylor and Janet Crowther for their
contributions to the community with the Mayor's Award for 2010 Community
Service Leader of the Year.
2. CHRSTYANN BANUELOS RECOGNIZED AS EDUCATOR OF THE YEAR
(610.40)
Mayor Uso recognized Christyann Banuelos with the Mayor's Award for 2010
Educator of the Year.
3. JEFF ROMERO, CUSTOMER SERVICE REPRESENTATIVE RECOGNIZED
FOR 20 YEARS OF SERVICE (730.20)
Mayor Uso recognized Jeff Romero, Customer Service Representative, for
20 years of service, and presented him with a certificate of appreciation.
2 8/17/2010
4. RESOLUTION NO. 10-08-17-01 ADOPTED SUPPORTING THE
CONSTRUCTION AND OPERATION OF THE PROPOSED HUNTINGTON
BEACH WATER DESALINATION FACILITY (610.40/660.10)
Scott Maloni, Poseidon Resources, provided a PowerPoint presentation, and
responded to questions.
Council Action: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese, and carried 4-0-1 with Council Member Allevato absent to
adopt Resolution No. 10-08-17-01, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING THE CONSTRUCTION AND OPERATION OF THE PROPOSED
HUNTINGTON BEACH WATER DESALINATION FACILITY".
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Hribar, Nielsen, Freese and Mayor Uso
None
Allevato
5. STATUS UPDATE FROM THE CAPISTRANO ORGANIZATION REVIEW
EFFORT (CORE) TEAM (610.40/700.10)
Justin Kirk, Associate Planner, provided a presentation and responded to
questions.
Council Comment:
Important for the City to look ahead and provide services efficiently; need
to look at additional functions like Public Land Management and some of
the Recreation Special Events; and clarified that the Council is not looking
into reducing staff, but how to provide services in a more cost effective
way and better for staff.
Important to have qualified and experienced staff; City needs to look into
ways to improve its services in an efficient matter by looking into
outsourcing opportunities; preference into switching on Exhibit 2
(Prioritization of In -sourcing and Out -sourcing of City Factions)
Historic Preservation to an A and Environmental Regulatory Compliance
to a B; preference in keeping Business License in-house; look into
Informational Technology (IT) and Engineering out -sourcing; and
suggested to move forward with recommended priority rating.
Need to look into ways to deliver good services to residents for the least
amount of money regardless of the economy.
Preference in taking an exception in the reduction of staff, if . some
functions would be out -sourced it should reduce staff that would save on
retirements and benefits; preference in placing all of the job functions on
the prioritization list in Exhibit 2 to an A priority rating, for the purpose .of
having a 3-4% reduction in staff; and possibility of staff sharing with
surrounding cities and agencies.
3 8/17/2010
6. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE; Jim Mocalis, Planning Commission; Jill Hanna, Parks,
Recreation and Equestrian Commission; Joanne Marquez, Housing Advisory
Committee; Mark Bodenhamer, Chamber Executive Director; and recognized all
the Associated Senior Action Program (ASAP) members.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening project.
■ Jim Sorensen, City resident, suggested that the City Council form a Committee to
review the City's employee compensation and benefits; and provided handouts to
the City Council.
■ Clint Worthington, City resident, spoke regarding costs and lack of bids for the City's
Railroad Quite Zone agreement with Orange County Transportation Authority
(OCTA); and provided handouts to the City Council. Nasser Abbaszadeh, Public
Works Director will contact Orange County Transportation Authority (OCTA)
regarding this matter.
■ Shelly Cunningham, City resident, expressed concern with neighborhood safety and
need of additional law enforcement officers.
■ Steve Behmerwohld, City resident, expressed concern with agenda items not having
staff reports; minutes not posted to the City's website in a timely matter; and lack of
notification regarding discussion of a City maintenance yard location item.
Council Member Nielsen, clarified that draft minutes are linked to the Agenda.
■ Patrick Crowley, City resident, . spoke regarding transparency with
City's Commissions and Committees; parking permit programs; and asked
that the City Council form a volunteering group to provide feedback to the
Downtown Master Plan Study.
■ Jim Reardon, City resident, expressed concern regarding the update and action
taken under the Open Space Committee Report section in the Agenda.
Omar Sandoval, City Attorney, clarified that the grant items will come to City Council
for approval. Council Member Nielsen, clarified that the item was agendized and a
report was available.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried 4-0-1 with Council Member Allevato absent to approve
consent calendar items 1, 2, 4, 6 through 8, and 10 as recommended by staff.
Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES
AUGUST 3, 2010, APPROVED
REGULAR MEETING OF
4 8/17/2010
3. STAFF DIRECTED NOT TO SOLICIT APPLICATIONS FOR A VACANCY IN
THE CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE, KEEPING THE
NUMBER OF MEMBERS TO SIX (6) (110.20)
Council Action: Moved by Council Member Hribar, seconded by
Mayor pro tem Freese, and carried 4-0-1 with Council Member Allevato absent to
direct staff not to solicit applications for a vacancy in the Citizen's Bond Oversight
Ad -Hoc Committee, keeping the number of members to six (6).
ROLL CALL:
AYES: COUNCIL MEMBER: Hribar, Nielsen, Freese and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
4. ACCOUNTS PAYABLE WARRANTS DATED JULY 29, 2010 IN THE TOTAL
AMOUNT OF $4,927,922.45; AND PAYROLL WARRANTS DATED JULY 23,
2010, IN THE TOTAL AMOUNT OF $204,759.99, RECEIVED AND FILED
(300.30)
5. AUTHORIZATION TO HAVE THE MAYOR SIGN LETTERS TO CALIFORNIA'S
LEGISLATIVE LEADERS URGING TO SUPPORT AB 2531 (FUENTES); AND
OPPOSE SB 972 (WOLK), NOT APPROVED (640.80)
- -; Cathy Salcedo, Executive Services Manager, provided a staff report,
and indicated that taking action is not necessary at this time for SB 972, as it is in
the process of being amended.
Public Correspondence:
• Jim Reardon, City resident, submitted an e-mail dated August 16, 2010,
urging the Council not to support AB 2531.
Public Comments:
• Jim Reardon, City resident, asked the Council not to support AB 2531.
Council Comments:
• Preference in reviewing AB 2531 further.
• AB 2531 would promote businesses in the redevelopment agency area; and
any equipment/machinery would have to remain within the project area.
• Supports AB 253 as it provides flexibility and promotes businesses/jobs.
• Felt that Redevelopment Agencies are getting a bad name by going beyond
what they were initially intended to be doing.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Nielsen, and motion failed 2-2-1 with Mayor pro tem Freese and
Mayor Uso opposed to authorize the Mayor to sign a letter to California's
legislative leaders urging support for AB 2531, which proposes to expand the
authority of redevelopment agencies to provide direct financial assistance to
businesses within a project area.
5 8/17/2010
No action needed at this time to oppose SB 972 (transfers responsibility and risk
from design professionals to the public), as it is in the process of being amended.
ROLL CAI_
AYES: COUNCIL MEMBER: Hribar and Nielsen
NOES: COUNCIL MEMBER: Mayor pro tem Freese and Mayor Uso
ABSENT: COUNCIL MEMBER: Allevato
6. RESOLUTION NO. 10-08-17-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ACCEPTING
THE QUITCLAIM AND DEDICATION OF APN 649-191-03, 649-191-044,
649-201-02, 121-160-15, & 121-160-18 FOR RIGHT OF WAY AND PARKING
PURPOSES" (670.50)
7. RESOLUTION NO. 10-08-17-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL. OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION 08-04-01-02, ESTABLISHING A
PUBLIC NOTIFICATION POLICY FOR DEVELOPMENT PROJECT
APPLICATIONS SUBJECT TO PUBLIC HEARING AND PUBLIC MEETING
NOTICING CONSISTENT WITH STATE LAW' (150.10)
8. RESOLUTION NO. 10-08-17-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 03-08-05-03 BY MODIFYING
THE COMPOSITION OF THE CITY YOUTH ADVISORY BOARD" (110.20)
9. CONSTRUCTION CONTRACT FOR THE DOMESTIC WATERLINES E13 & E14
PROJECT WITH KANA PIPELINE, INC., APPROVED (CIP 08803) (600.30)
Council Comments:
• Preference in new infrastructures to be of high quality in order to last longer.
Council Action: Moved by Mayor pro tem Freese, seconded by
Council Member Hribar, and carried 4-0-1 with Council Member Allevato absent
to approve the Construction Contract with Kana Pipeline, Inc.; all other bids
rejected; and transfer of $82,370 from the water capital fund to the domestic
waterlines E13 & E14 project (CIP 08803).
AYES: COUNCIL MEMBER: Hribar, Nielsen, Freese and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
10. AMENDMENT NO. 2 TO PERSONAL SERVICES AGREEMENT WITH AKM
CONSULTING ENGINEERS FOR THE DESIGN OF THE EASTERN WELLS
PIPELINE (CIP 10802) IN THE AMOUNT OF $46,970, APPROVED (600.30)
6 8/17/2010
11. -PURCHASE OFA HACH WATER INFORMATION MANAGEMENT SOLUTION
(HACH WIMS) SOFTWARE PACKAGE, APPROVED (370.30)
Council Action: Moved by Council member Nielsen, seconded by
Council Member Hribar, and carried 4-0-1 with Council Member Allevato absent
to approve the purchase of a Hach Water Information Management Solution
(Hach WIMS) Software Package; and strikeout the following language from the
bid proposal (Quote # Q081210CA): "A statement of work will be developed to
determine how much work can be accomplished within the purchased service
time".
ROLL CALL:
AYES: COUNCIL MEMBER: Hribar, Nielsen, Freese and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
PUBLIC HEARINGS:
1. UPDATE ON PERMIT PARKING PROGRAM. ON CAMINO CAPISTRANO
BETWEEN OSO ROAD AND LA ZANJA STREET, RECEIVED AND ' FILED
(570.20)
Public Correspondence:
• John and Margaret Chard, City residents, submitted an e-mail dated
August 12, 2010, opposed to parking on Camino Capistrano.
• Dan Buckner, City resident, opposed to issuing additional permits for parking
on Camino Capistrano.
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded to questions.
Mayor Uso open the public hearing and invited testimony.
Public Testimony:
• Patrick Crowley, City resident, expressed appreciation for cleaning up
Camino Capistrano; need to look into weekend status; and asked to extend
to Ortega or Del Obispo.
• Joan Marquez, Capistrano Villas Homeowners Association III, felt that the
Capistrano; and responded to questions..
• Kathleen Peterson, Las Brisas Homeowners Association, support to keep
parking restrictions.
Mayor Uso closed the public hearing.
7 8/17/2010
Council Comments:
• Parking permit program seems to be working and well managed; should look
into additional red curbs in order to gain a few additional parking spaces;
look into two (2) lanes going north and one (1) lane going south, and would
like to agendize similar parking restrictions at the curb of Del Obispo Street
across Aguacate Road.
• Consensus to receive and file the update on the parking program.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. RESOLUTION NO. 10-08-17-05 ADOPTING THE FISCAL YEAR 2010/2011
OPERATING BUDGET (REVISED) AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO" (330.20)
Cindy Russell, Chief Financial Officer/Treasurer, provided information and
responded to questions.
Council Comments:
• Preference in supporting staff recommendation rather than revisiting the
entire budget again.
• Support staff recommendation, as it does not impact the general fund
reserves; and need to pursue additional funds sponsorship or other sources
for the 4t" of July event deposit.
• Imperative that the Council get ahead of the curve; and look into salaries and
benefits, with possible reduction in the work week hours.
• City is already looking into outsourcing; and working into bringing new
businesses to the City by making economic development a priority.
Council Action: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese, and carried 3-1-1 with Council Member Allevato absent,
and Council Member Hribar opposed to adopt a Resolution No. 10-08-17-05
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO,. CALIFORNIA ADOPTING THE FISCAL YEAR 2010/20.11
APPROPRIATIONS RELATED THERETO"
ROLL CALL:
AYES: COUNCIL MEMBER: Nielsen, Freese and Mayor.Uso
NOES: COUNCIL MEMBER: Hribar
ABSENT: COUNCIL MEMBER: Allevato
8 8/17/2010 .
G2 DEVELOPMENT SERVICES
a. STAFF DIRECTED TO PURSUE A PUBLIC REVIEW PROCESS FOR THE
DEVELOPMENT OF A CONCEPTUAL LAND USE PLAN FOR THE
EAST OPEN SPACE LEMON GROVE PARK IMPROVEMENTS (420.10)
David Contreras, Senior Planner, provided a staff report and responded to
questions.
Council Comments:
• Preference in having the Parks, Recreation and Equestrian Commission
review before the public review process.
• Would like a visual impact around the park; potential for a
mini soccer/baseball field; and felt that having an active site would bring
more visitors.
Council Motion: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese, and carried 4-0-1 with Council Member Allevato absent
to direct staff to pursue a public review process for the development of a
conceptual land use plan for the East Open Space Lemon Grove Park
Improvements, beginning with the Parks, Recreation, and Equestrian
Commission.
ROLL CALL:
AYES: COUNCIL MEMBER: Hribar, Nielsen, Freese and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
b. STAFF DIRECTED TO PROCEED WITH THE APPROVED CONCEPTUAL
PLAN FOR THE LOS, RIOS COMMUNITY PARK, PHASE 2 (400.40)
William Ramsey, Principal Planner, responded to questions.
Council Comments:
• Felt that the proposed plan is a poor use of the area; not in favor of having a
park next to a park; preference in moving the Old Barn to this site, with the
possibility of'relocating the Camino Real Playhouse to the Old Barn.
Council Motion: Moved by Council Member Hribar,. seconded by
Council Member Nielsen, and carried 3-1-1 with Council Member Allevato
absent, and Mayor pro tem Freese opposed to direct staff to proceed with the
already approved (July 1, 2010) conceptual plan for the Los Rios Community
Park, Phase 2 submitted as part of the Proposition 84 Nature Education
Facilities (NEF) Grant Program.
ROLL CALL:
AYES: COUNCIL MEMBER: Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: Mayor pro tem Freese
ABSENT: COUNCIL MEMBER: Allevato
9 8/17/2010
ORDINANCES: None
COUNCILMANIC ITEMS: None
ADJOURNMENT:
There being no further business, Mayor Uso adjourned the meeting at
9:49 p.m. to September 7, 2010, at 5:30 p.m. for Closed Session and
6:30 p.m. for the public Business Session in the City Council Chamber.
Approved: Septembje�010
FJA
DR. LONDRES USO, MAYOR
10 8/17/2010