10-1005_CC_Minutes_Regular MeetingMINUTES
OCTOBER 5, 2010
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
Mayor Uso called the Regular Meeting of the City Council to order at
5:33 p.m. in the City Council Chamber.
I
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Freese, and Mayor Dr. Londres Uso
COUNCIL. MEMBERS ABSENT: None
C�MIi1 �'I I ►�1[� i• � 1�Li•Til�
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 54956.8, the City Council meet with its Real
Property Negotiator (City Manager) concerning the price and terms of payment for
the purchase, sale, exchange or lease of certain real property Known as 31910 and
31920 Del Obispo (Serra Plaza), in the City of San Juan Capistrano, California. The
property owner's negotiating party is Bill Griffith of Rivendell Land Company, Inc.
c. Pursuant to Government Code section 54957.6, the City Council conferred with its
labor negotiator (City Manager) as to the memoranda of understanding with
represented employees, including salaries and fringe benefits. The affected
bargaining units are San Juan Capistrano Classified Employees Association and
San Juan Capistrano Management and Professional Employees Association.
d. Pursuant to Government Code Section 54955.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the matter of City of San Juan
Capistrano v. State of California Dept. of Transportation (Caltrans).
Mayor Uso called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:43 p.m. in the City Council Chamber.
Council Member Hribar led the Pledge of Allegiance and Council Member Nielsen gave
the invocation.
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Freese, and Mayor Dr, Londres Uso
COUNCIL MEMBERSIDIRECTORS 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 the City is continuing litigation and negotiations with
Caltrans regarding the widening of Ortega Highway.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES;
• "Ridge Walk & Poker Run
■ "Creek Clean Up".
® "Grub Fest".
® Information on Assembly Bill (AB) 1867, pertaining to Regional Housing Needs
Allocations (RHNA).
• Orange County Fire Authority (OCFA) meeting.
® Information regarding Orange County executive's decision not to take ,a 5% wage
reduction. Joe Tait, City Manager, stated that he would like to lead by example by
taking a 5% pay cut during the hard economic times. Council Member Nielsen
requested to agendize at the next meeting under Closed Session an evaluation of
the City Manager.
• Desalinization meeting.
• Habitat for Humanity dedication.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen announced that the Open Space Committee completed the
draft of the new Open Space Master Plan; received an updated presentation of
Measure M funds received for habitat restoration for the northwest open space; and
discussion of the completion and transition of the Open Space Committee.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events
• "Farmer's Market".
• "San Juan Capistrano Candidates Forum", conducted by the League of Women
Voters.
® "8th Annual Barn Dance and Equestrian Fair",
• The Chamber of Commerce will host an evening mixer.
• Multicultural Arts Series will have the performance of Eric Bibb.
® "The Vintage", hosted by the Chamber of Commerce.
2 10105/2010
INTRODUCTIONS AND PRESENTATIONS
OCTOBER 2010 PROCLAIMED AS ITALIAN -AMERICAN HERITAGE MONTH
(610.40)
Mayor Uso proclaimed October 2010 at Italian -American Heritage month and
presented a proclamation to Vicky Carabini, Ambassador to San Juan
Capistrano's Sister City Capestrano, Italy.
2. CITY OF CAPESTRANO, ITALY RECOGNIZED AND PRESENTED A KEY TO
THE CITY (610.40)
Mayor Uso presented a Key to the City to Vicky Carabini, Ambassador to San
Juan Capistrano's Sister City Capestrano, Italy.
3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Ilse Byrnes and Gail Zukow, Parks, 'Recreation and
Equestrian Commission; Don Tryon and Jan Siegel, Cultural Heritage
Commission; Jim Mocalis, Planning Commission; William Bonney,
Housing Advisory Committee; Gerald Muir, Erica Delamare, and Alberto Barrera,
Youth Advisory Board; Mary -Ellen West, San Juan Seniors; Orange County Fire
Authority Division Chief Rick Robinson; and recognized all the Associated Senior
Action Program (ASAP) members.
4. JOE TAIT, CITY MANAGER, ANNOUNCED THAT KAREN CROCKER,
COMMUNITY SERVICES DIRECTOR WILL BE DEPARTING FROM THE CITY,
AND RECOGNIZED HER FOR 20 YEARS OF SERVICE.
EMERGENCY ITEM:
Joe Tait, City Manager, informed the City Council that on October 6, 2010, the SOCWA
board of directors will be voting on a Memorandum of Understanding (MOU) for
employee wages and benefits. Council Member Hribar, reported that the MOU would
have two (2) years of increased wages to 1 '/2 %, and increase in vacations hours.
Vt Council Action: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried unanimously to add the item to the agenda.
2nd Council Action: Moved by Mayor pro tem Freese, seconded by
Council Member Allevato, and carried unanimously to inform the City's
SOCWA representative of the City Council's opposition to SOCWA's
Memorandum of Understanding (MOU) relating to employee increase wages and
benefits.
3 10105/2010
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, spoke regarding being surprised City Council members
receive medical benefits; and requested that total compensation disclosure
and annual reports be posted on the City's website, and provided handouts to
the City Council.
Steve Behmerwohld, City resident, thanked Karen Crocker, Community Services
Director for her many years of service to the community, and wished her well in her
new endeavors.
Tony Brown, City resident, asked that The Ecology Center pay fair market value for
the lease of the Congdon House.
Orrie Brown, City resident, expressed concern regarding the possibility of a
new City Hall, felt that the current City Hall can be brought up to date for less
funds than a new City Hall.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Council Member
Hribar, and carried unanimously to approve consent calendar items 1 through 4, 6, 7, 8,
9, and 11 through 14 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF
SEPTEMBER 21, 2010, APPROVED
3. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 9, 2010, IN THE
TOTAL AMOUNT OF $2,591,217.29; AND PAYROLL WARRANTS DATED
SEPTEMBER 3, 2010, IN THE TOTAL AMOUNT OF $182,444.98, RECEIVED
AND FILED (300.30)
4. RESOLUTION 10-10-05-01 ADOPTED ESTABLISHING THE 2010/2011
APPROPRIATION LIMITATION OF $55,546,227 (330.20)
5. STATUS REPORT OF THE OPEN SPACE/CONTINUING LIFE COMMUNITIES
(OS/CLC) AD-HOC SUB -COMMITTEE REGARDING NORTHWEST OPEN
SPACE (NWOS) AREA AT -GRADE RAIL CROSSING AND CLC OPEN SPACE
PRESERVATION ALTERNATIVE, RECEIVED AND FILED (530.401600.30)
Cindy Russell, Chief Financial Office rlTreasurer, provided a staff report and
responded to questions.
Public Comments:
Clint Worthington, City resident, expressed concern regarding the City
working with the correct Agency, and lack of language indicating that Orange
County Transportation Authority (OCTA) will not pursue a main line or
extension of a main line through downtown, only siding.
4 10/05/2010
Council Comments:
• Clarified that OCTA owns the right-of-way, all the way to La Zanja and are
willing to enter into an Memorandum of Understanding (MOU) with the City,
that would bring the side railing up to the bridge north of Oso Road; assure
that no double -tracking would come through downtown section, and require a
definition pertaining to the downtown boundaries section. Further clarified that
the City is not moving forward to ever endorse double -tracking in downtown,
OCTA does not own the right-of-way, and have made commitments to the
City, San Clemente, Dana Point, and other San Diego County cities that they
will not double -track through their communities. The renewed Measure M
calls for the increase of train traffic from the Laguna Niguel Station to the
Los Angeles Station, in order to increase ridership, which will help reduce
traffic on the I-5 Freeway, reduce dependency on foreign oil, congestion and
pollution.
• Clarified that the final MOU will be clear, and legally binding as to the
siding/side rails/double—tracking, that there will only be the. one line which
exists today coming through downtown.
• Clarified that the City will not move forward until receiving in writing from
OCTA their definition is of downtown, and that they will not go any further
than the northbound boundary of downtown; and stated that the Cities of
San Clemente and Dana Point share the same interests and support.
• Expressed concern with the dynamics been changed by a rail agency with
higher jurisdiction power than OCTA.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried 4-1 with Mayor Uso opposed to Receive
and File a status report on the Open Space/Continuing Life Communities Ad -Hoc
Sub -Committee regarding Northwest Open Space Area at grade -rail crossing
and CLC open space preservation alternative.
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor pro tem
Freese
NOES: COUNCIL MEMBER: Mayor Uso
ABSENT: COUNCIL MEMBER: None
6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — PERIOD ENDING
SEPTEMBER 15, 2010, RECEIVED AND FILED (440.10)
7. RESOLUTION 10-10-05-02 ADOPTED REVISING THE CITY'S CONFLICT OF
INTEREST CODE (640.40)
8. FEE WAIVER TO HOST A PUBLIC EVENT BY ASSEMBLYWOMAN
DIANE HARKEY'S OFFICE, APPROVED (390.30)
5 10/05/2010
9. AGREEMENT WITH PANTERRA NETWORKS FOR THE PURCHASE AND
INSTALLATION OF A HOSTED UNIFIED COMMUNICATIONS SYSTEM IN
THE AMOUNT NOT TO EXCEED $44,946.78 FOR THE FIRST YEAR,
$50,908.94 FOR THE SECOND YEAR, AND $56,903.64 FOR THE THIRD
YEAR, APPROVED; AGREEMENT WITH PANTERRA NETWORKS FOR THE
PURCHASE OF CONTINGENCY ADDITIONAL COMMUNICATIONS
HARDWARE IN THE AMOUNT NOT TO EXCEED $10,073 FOR THE INITIAL
DEPLOYMENT IN THE FIRST YEAR, APPROVED; ANNUAL LICENSING
AGREEMENT IN THE AMOUNT OF $55,903.64 AFTER THE THIRD YEAR
AND ALLOW FOR ANNUAL INCREASES BASED ON THE CONSUMER PRICE
INDEX, NOT TO EXCEED 3 PERCENT PER YEAR FOR SUBSEQUENT
YEARS WITH THREE (3) POSSIBLE EXTENSIONS EQUAL IN DURATION TO
THE INITIAL PERIOD; AND CITY MANAGER AUTHORIZED TO EXECUTE
THE AGREEMENTS (600.30)
10. AGREEMENTS WITH SIDEPATH, INC FOR THE PURCHASE, ,INSTALLATION
AND IMPLEMENTATION OF A COMPELLENT VIRTUAL STORAGE AREA,
AND HARDWARE AND SOFTWARE MAINTENANCE; APPROVED (600.30)
Council Comments:
Preference in adding to Section 4 of Exhibit A the following language: "Any
emergency maintenance or hardware and software problems are not exempt
from downtime"
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried unanimously to approve an agreement with
Sidepath, Inc. for the purchase, installation, and implementation of a Compellent
virtual storage area network in the amount not to exceed $74,187.15 for the first
year; and approve a hardware and software maintenance agreement in the
amount of $53,402 for five (5) years and allow annual increases based on the
consumer price index or 3%, whichever is less, per year for subsequent years;
City Manager authorized to execute agreements; and adding the following
language under Section 4 of Exhibit A: "Any emergency maintenance or
hardware and software problems are not exempt from downtime".
11. AGREEMENT WITH MAINTSTAR, INC. FOR THE PURCHASE,
INSTALLATION, AND IMPLEMENTATION OF AN INTEGRATED
COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM (CMMS),
APPROVED (600.30)
12. PERSONAL SERVICES AGREEMENT WITH WELL TEC IN THE AMOUNT
NOT TO EXCEED $58,170 FOR CLEANING, VIDEOING, AND REPLACEMENT
OF THE PUMP AND COLUMN PIPE FOR THE CAPISTRANO VALLEY WATER
DISTRICT NO. 1 WELL THAT SUPPLIES A PORTION OF THE WATER TO
THE GROUND WATER RECOVERY PLANT (600.30)
13. QUITCLAIM DEED FOR OLD ZONE 2 PUMP STATION (SAN .JUAN HILLS)
APPROVED (650.70)
6 10/05/2010
14. TOLLING AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO,
ADVANCED GROUP 99 SJ AND THE COUNTY OF ORANGE, APPROVED
(600.301600.60)
PUBLIC HEARINGS:
1. RESOLUTION 10-10-05-03 ADOPTED, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT (GPA)
10-02; RESOLUTION 10-10-05-04 ADOPTED, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING AMENDMENTS TO THE ARCHITECTURAL
DESIGN GUIDELINES, CHAPTER VI; AND, FIRST READING AND
INTRODUCTION OF AN ORDINANCE ADOPTING THE NEGATIVE
DECLARATION AND APPROVING CODE AMENDMENT (CA) 10-01 (440.25)
Grant Taylor, Development 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 Comments:
® Preference in the City retaining full discretion on the maximum
Floor Area Ratio (FAR) unless is of superior architectural design, and
community benefit.
Felt that the City already has full discretion as to the maximum FAR, and the
intention is not to discourage hotels from coming to town.
Preference in leaving a maximum FAR with the caveat that it needs to meet
exceptional standards.
• Felt that intention is to make the process smoother, get hotels into town, and
have the Planning Commission, Design Review, and the City Council in
control of the process.
Suggested to add language "any building height over the norm up to the
maximum of 01.75 FAR, .the project must demonstrate superior architectural
design is compatible to surrounding areas, and provide significant benefit to
the community„
® Preference in adding language "FAR greater than that allowed in the zone
district pursuant to Table LU -2 yp to the maximum may only be granted at the
discretion of the Citi consistent with the Title 9 Land Use Code if the project
demonstrates superior architectural design, is compatible with surrounding
areas, and provides significant benefit to the general public and residents of
San Juan Capistrano".
7 10/05/2010
James Eggart, Assistant City Attorney, included the following corrections:
1) General Plan Amendment Resolution title should read "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECOMMENDING T ADOPTING
THE NEGATIVE DECLARATION AND
APPROVE APPROVING GENERAL PLAN AMENDMENT (GPA) 10-
02 AMENDING CERTAIN PROVISIONS OF THE GENERAL PLAN
LAND USE ELEMENT AND COMMUNITY DESIGN ELEMENT
REGARDING HOTELS"
2) Architectural Design Guidelines Resolution title should read "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, r'CRTIFY1A'f'_ ADOPTING THE
NEGATIVE DECLARATION AND APPROVING AMENDMENTS TO
THE ARCHITECTURAL DESIGN GUIDELINES; CHAPTER VI —
SPECIAL CONSIDERATION USES"; and on page 3. NOW,
THEREFORE, BE IT FURTHER RESOLVED, that the Cit Council of
the City of San Juan Capistrano hereby oe�+f+es ad_ ots the Negative
Declaration....
3) Code Amendment Ordinance title should read "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, C'ERT-IFYI I G- ADOPTING THE NEGATIVE
DECLARATION AND APPROVING CODE AMENDMENT (CA)
10-01...; and on page 5. NOW THEREFORE, BE IT FURTHER
RESOLVED, that the City Council of the City of San Juan Capistrano
herby certifies adopts the Negative Declaration and approves Code
Amendment CA) 10-01 updating the Title 9 Land Use Code regulating
hotels and does hereby ordains as follows:
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Freese, seconded by
Council Member Hribar, and carried unanimously to adopt RESOLUTION NO.
10-10-05-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT (GPA) 10-
02 AMENDING CERTAIN PROVISIONS OF THE GENERAL PLAN LAND USE
ELEMENT AND COMMUNITY DESIGN ELEMENT REGARDING HOTELS",
including adding the following language under page 3. (Land Use Element): FAR
neater than that allowed in the zone district pursuant to Table LU -2 up to the
maximum may only be .granted at the discretion of the Citta consistent with the
Title 9 Land Use Code if the project demonstrates superior architectural design,
is compatible with surrounding areas, and provides significant benefit to the
general public and residents of San Juan Capistrano". and adopt RESOLUTION
NO, 10-10-05-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO ADOPTING THE NEGATIVE
DECLARATION AND APPROVING AMENDMENTS TO THE ARCHITECTURAL
DESIGN GUIDELINES, CHAPTER VI — SPECIAL CONSIDERATION USES
(GENERAL PLAN AMENDMENT (GPA) 10-02 HOTELS); and first reading and
8 10/05/2010
introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE
NEGATIVE DECLARATION AND APPROVING CODE AMENDMENT (CA) 10-
01 TO AMEND THE TITLE 9 OF THE LAND USE CODE REGULATING HOTEL
BY ADDING SECTION 9-3.524 RELATING TO HOTELS; AMENDING SECTION
9-3.303, TABLE 3-4, AND AMENDING SECTION 9-3.305, TABLE 3-6 TO
DESIGNATE HOTELS AND EXPAND THE ZONE DISTRICTS IN WHICH
HOTELS ARE AUTHORIZED PURSUANT TO A CONDITIONAL USE PERMIT;
AND AMENDING SECTION 9-3.335, TABLE 3-34 TO SET FORTH NEW OFF-
STREET PARKING REQUIREMENTS FOR HOTELS AND MOTELS"
2. RESOLUTION 10-10-05-05 ADOPTED CERTIFYING THE ENVIRONMENTAL
IMPACT REPORT AND APPROVING GENERAL PLAN AMENDMENT (GPA)
10-001, ARCHITECTURAL CONTROL (AC) 10-002, ` GRADING PLAN
MODIFICATION (GPM) 10-001, TREE REMOVAL (TRP) 10-003, FLOODPLAIN
LAND USE PERMIT (FP) 10-001, TENTATIVE PARCEL MAP (TPM 10-001);
AND, FIRST READING AND INTRODUCTION OF AN ORDINANCE
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT AND APPROVING
REZONE 10-001 (PLAZA BANDERAS HOTEL) (440.51460.20)
Public Correspondence:
Brad Gates, City resident, submitted a letter elated September 22, 2010, in
support of the project.
David Contreras, Senior Planner, provided a staff report and responded to
questions.
Mayor Uso open the public hearing and invited testimony.
Public Testimony-
* Tom Merrel, Civic Solutions, provided a presentation for the Plaza Banderas
Hotel, and responded to questions from the City Council.
s Gretchen Stroscher Thompson, applicant, thanked the City Council, the
Commissions, City Staff, and the community for their support; and asked for
the City Council's approval.
® Cary Brockman, Capistrano Unified School District, expressed concerns with
the traffic and circulation hotspot during construction of the hotel, and
possible spill-over parking affecting the on -street parking; and lack of
knowledge of the creation of additional on -street parking on Spring Street;
and the need of a sidewalk for safety reasons, and to unload students; and
responded to questions from the City Council.
David Ewing, City resident, expressed support for the project; and felt that is
important for the Design Review Committee to use high quality and character
standards through the review process.
Ron Lebs, Capistrano Unified School District, stated the importance to finish
developing the north side of Spring Street; and expressed concern with
noise, especially during construction, impacts to the Regional Occupational
Program (ROP) parking; and responded to questions from the City Council.
9 10/05/2010
• Jan Siegel, City resident, encouraged the City Council to approve the
project; felt that the Stroscher family has a strong legacy in the City; and
expressed the need for a hotel in town.
• Geoff Sumich, City resident, expressed concern with architectural design, as
it needs to reflect the City; suggested to look at buildings around the
downtown for inspiration.
• Micheal Moyles, City resident, expressed concern with the architectural
design, as it is the gateway to the City.
• John Tilton, City resident, expressed concern with the architectural design,
important to go through the process to refine the architecture; and felt that
parking studies can underestimate the employee parking impacts.
• Eric Delamare, City resident, expressed support for the project; felt that the
architecture should reflect the City's character and keep the "romance" that
the downtown offers.
• Larry Thomas, Chamber of Commerce, spoke in support of the project, and
the completion of the downtown rehabilitation.
Council Comments:
• Need to move forward, and send to the Planning Commission and Design
Review Committee to work on the architectural refinement; Hotel most be
exquisite and a landmark for the City; would like to use the word "romance"
as a descriptive word; and felt that stronger language may be needed in the
motion indicating that the architectural details and style are separate from
the General Plan approval.
• Concern with languages used "Spanish Colonial Revival architectural„
throughout the documents presented for approval; suggested to add the
following language under the first }cullet point under Condition of Approval
59. "Revise the original Spanish colonial revival style as necessary to
provide a historic San Juan Capistrano design character and avoid
contemporary commercial elements in the two (2) commercial buildings and
hotel", in order not to create a conflict during any changes or improvements
made to the architectural design.
• Felt that the project will be a key stone to the City's open space efforts, in
creating a place to stay for visitors that come to the RMV Riding Park events;
felt confident that the Design Review Committee and the
Planning Commission will make necessary design improvements to fit with
the City's historic downtown; and expressed importance to have a clear
defined process in order to provide clear direction to applicants for future
projects.
• Expressed support for the project; important to have on -street parking on
Spring Street in order to provide overflow parking; and proponent of
implementation of a car pool program for schools.
• Expressed support for the project, as it is vital for the rehabilitation of
downtown.
10 10/0512010
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese, and carried unanimously to adopt RESOLUTION NO.
10-10-05-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PLAZA BANDERAS
HOTEL MIXED USED DEVELOPMENT AND APPROVING THE ASSOCIATED
ENTITLEMENTS, GENERAL PLAN AMENDMENT (GPA) 10-001,
ARCHITECTURAL CONTROL (AC) 10-002, GRADING PLAN MODIFICATIONS
(GPA) 10-001, TREE REMOVAL PERMIT (TRP) 10-003, FLOODPLAIN LAND
USE PERMIT (FP) 10-001 AND TENTATIVE PARCEL MAP (TMP) 10-001 ON A
3.18 ACRE PROPERTY LOCATED AT 26871 & 26891 ORTEGA HIGHWAY
AND GENERALLY LOCATED AT THE NORTHEAST CORNER OF ORTEGA
HIGHWAY AND EL CAMINO REAL (ASSESSORS PARCEL NUMBERS 124-
170-12, 14, 15 & 16) (PLAZA BANDERAS HOTEL)", adding the following Mullet
points language under Condition of Approval No. 59:
® Revise the original Spanish Colonial Revival style as necessa to provide a
historic San Juan Capistrano design character and avoid contemporary
commercial elements in the two 2 commercial buildings and hotel".
® Update the Comprehensive Development Plan CDP design guidelines
consistent with the revised design plan, to be approved by the
Design Review Committee DRC and Planning Commission (PQ;
Condition of Approval No. 48 (Water System) and 118 (Utility Underground) to be
addressed under the Development Agreement;
and first reading and introduction of an ordinance entitled "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FROM THE
"GENERAL COMMERCIAL" (GC) TO THE "PLANNED COMMUNITY" (PC)
ZONE DISTRCIT AND CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT (EIR FOR THE PLAZA BANDERAS HOTEL MIXED USE
DEVELOPMENT (REZONE (RZ) 10-001)"
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. UTILITIES SERVICES
a. STATUS REPORT ON THE RELOCATION OF THE TEMPORARY DIRT
STORAGE FACILITY AT THE LOWER ROSAN RANCH SITE (240.20)
Public Correspondence:
a Vicki Smith, City resident, submitted an e-mail on October 2, 2010, in
opposition of temporary storing dirt at the Lower Rosan Ranch property.
11 10/05/2010
G2
Ziad Mazboudi, Senior Civil Engineer, provided a Power Point presentation and
responded to questions. West Curry, Utilities Assistant Director, responded to
questions.
Public Comments:
• Bobbi Decker Austin, City resident, asked questions regarding the dust
mitigation. Ziad Mazboudi, Senior Civil Engineer, stated that watering takes
place every time the truck is loading the material.
® Tom Gronewald, City resident, concern with the dust not being properly
mitigated; and to consider another location.
• Steve Behmerwohld, City resident, expressed concern with dust; and felt that
there's no reason why the dirt should be moved around twice.
Council Comments:
Preference in leaving the temporary dirt in the Camp Cookie site, as it should
not create issues " in obtaining grants; expressed concern in creating an
impact to the Capistrano Valley Mobile Home Estates (CVNIHE); and move
to the Lemon Grove site as soon as possible.
Preference in moving the temporary dirt to the Lemon Grove site as soon as
possible, as it could create issues in obtaining grants by leaving in the
Camp Cookie location.
Preference in keeping the temporary dirt on the Camp Cookie site.
Felt that that temporary dirt should be moved to the tower Rosan Ranch
property, as it's a temporary project, and see how soon it can be moved to
the Lemon Grove with an access road; and felt that it was imperative to
move it out of open space.
Stated that the City will be controlling the project, and have the ability of
limiting the use; and felt that leaving the temporary dirt on Camp Cookie can
hurt the City in receiving grants.
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried 3-2 with Council Member Allevato and
Mayor Uso opposed to relocate the temporary dirt from the North Open Space
(Camp Cookie) location to the Lower Rosan Ranch site for no greater than
90 days, and if possible moved sooner to the Lemon Grove location.
ROLL CALL:
AYES: COUNCIL MEMBER: Hribar, Nielsen, and Mayor pro tem Freese
NOES: COUNCIL MEMBER: Allevato and Mayor Uso
ABSENT: COUNCIL MEMBER: None
CITY MANAGER
CONSIDERATION OF INDEPENDENT AUDIT OF THE CITY'S SOLID WASTE
COLLECTION RATE — CONTINUED TO OCTOBER 19, 2010 (600,30)
Public Correspondence:
Kim Lefner, City resident, submitted an e-mail dated October 5, 2010, asking
the City Council to complete a fair and unbiased audit.
12 10/05/2010
Cindy Russell, Chief Financial Officer/Treasurer, provided a staff report and
responded to questions.
Public Comments:
• Clint Worthington, City resident, felt that the Solid Waste Franchise
Agreement has been mishandled by the City with the use of incorrect
calculations by using the incorrect Producers Price Index (PPI) dates; not
providing adjustments for green waste and recycling.
Council Comments:
• Felt that the City has not mishandled the Solid Waste Franchise Agreement;
stated that residents benefited by the rate increase taking place in July
rather that January; (PPI) calculations were done per the Bureau of
Labor of Statistics standards; comfortable with the diversion calculations
made by the County and City staff; and felt that the City has spent too much
time and money on the matter.
• Felt that the City should not have to audit all the way to 1996, but should
have an independent audit to prove that the City is doing it right.
• Need to make sure that the audit direction is well defined, so that staff is not
getting a quote going back to 1996.
• The audit should go back three (3) years and to verify that the formula used
for the most recent rate increase is correct.
Council Action: Moved by Council Member Hribar, seconded by
Mayor pro tem Freese, and carried 4-1 with Council Member Nielsen opposed to
continue the item to October 19, 2010, in order to receive the cost to conduct an
audit of the CR&R Franchise Agreement.
ROLL CALL:
AYES: COUNCIL MEMBER: Ailevato, Hribar, Freese, and Mayor Uso
NOES: COUNCIL MEMBER: Nielsen
ABSENT: COUNCIL MEMBER: None
G3 DEVELOPMENT SERVICES
a. STAFF DIRECTED TO RETURN TO COUNCIL A FINAL LICENSE
AGREEMENT WITH THE ECOLOGY CENTER FOR THE USE OF THE
JOEL CONGDON HOUSE AT 32701 ALIPAZ STREET (600.30)
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
Public Comments:
• Vicky Marks, The Ecology Center, provided information on programs and
services provided by The Ecology Center, and responded to questions from
the City Council.
13 10106!2010
Clint Worthington, City resident, spoke regarding an unpermitted sign located
at the entrance of the property; bright blue painted City storm drain; and an
unpermitted 15 ft. (blue man) made out of five (5) gallon water bottles, which
he felt are not allowed per the Conditional Use Permit (CUP); and provided
handouts to the City Council.
Council Comments:
• Felt that The Ecology Center sends out an important conservation message
to the public and visitors; supported a three (3) year agreement only;
and wanted to mane sure that the maintenance to the building is done
by the City.
• The use is of significant public benefit, and The Ecology Center has provided
significant improvements to the property; concurred with a maximum three
(3) term, as it follows the City's philosophy to initially help new non-profit
organizations get established.
• Felt that a five (5) year term would be needed, in order to, be able to
generate grants by showing longevity; felt that The Ecology Center is very
respectful of the use of the property; provide a great educational service to
the community; stated that the City presently has a seven (7) year License
Agreement with the EI Camino Real Playhouse for $1 a year; and expressed
preference in raising the rent with a five (5) year term, than only approving a
three (3) year term, so that they can qualify for grants.
• Felt that the City Council never got the opportunity to go out for proposals for
the use of the property; need to be aware of other non -profits organizations
such as CREER paying fair market rate, which provide important youth
services to the community, the City should at least charge the amount it
costs to maintain the property; the City has two (2) full time staff members
that are involved in water conservation and recycling; and proposed to send
out a Request for Proposal (RFP) to look into higher and better uses for the
property in order for the property to at least pay for itself.
• Felt that The Ecology Center provided great service to the community, but
need to pay appropriate rent; would consider a five (5) year lease if the first
three (3) years they would be charged 6 cents a square foot and the last two
(2) years market rate; felt that the EI Camino Real Playhouse would not have
the rate that they have, with today's economy; important to set clear policy
related non-profit license agreements; and felt that the City should look into
the blue painted storm drain, and the "blue man" structure, which does not fit
with the City.
• Suggested approving a five (5) year term at $100 a month the first year,
$200 a month the second year, $300 a month the third year, $1,000 a month
the fourth year, and $1,500 a month the fifth year.
• Staff directed to include the following in the License Agreement: 1) any
exterior maintenance painting of the house needs to be supervised by a
License Contractor and the paint needs to be specified, in order to use the
correct paint. 2) The Ecology Center is responsible to store the
Will iams/Swanner House furniture for the first year of rent, and City to tape
responsibility to store or otherwise dispose of the furniture after the first year
of rent.
14 10/05/2010
Council Action: Moved by Council Member Hribar, seconded by
Council Member Nielsen, and carried 4-1 with Mayor pro tem Freese opposed to
Direct staff to bring back a License Agreement with The Ecology Center with a
five (5) year term, at $100 a month the first year, $200 a month the second year,
$300 a month for the third year, $1,000 a month for the fourth year, and $1,500 a
month for the fifth year.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: Mayor pro tem Freese
ABSENT: COUNCIL MEMBER: None
COUNCILMANIC ITEMS:
REGULAR MEETING OF DECEMBER 21, 2010 CANCELLED; AND START
THE REGULAR MEETING OF NOVEMBER 2, 2010, AT 7:00 P.M. (610.15)
Maria Morris, City Clerk, provided a staff report and responded to questions.
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Allevato, and carried unanimously to cancel the
December 21, 2010, meeting; and start the regular meeting of
November 2, 2010, at 7:00 p.m. (with Closed Session at the end of the meeting),
in order to hold a Joint Workshop for the Historic Town Center Master Plan
at 3:00 p.m.
2. CORINNA A. HENSON APPOINTED TO SERVE ON THE TRANSPORTATION
COMMISSION TERM ENDING JANUARY 31, 2011 (110.20)
Council Action: Moved by Mayor pro tem Freese, seconded by
Council Member Nielsen, and carried unanimously to appoint Corinna A. Henson
to serve on the Transportation Commission, term ending January 31, 2011.
There being no further business, Mayor Uso adjourned the meeting at
12:42 a.m. to October 6, 2010 at 5:00 p.m. Adjourned Regular meeting
(Distrito La Novia/San Juan Meadows Project), and then to October 19, 2010, at
5.30 p.m. for Closed Session and 6:30 p.m. for the public Business Session; and then to
Wednesday, October 20, 2010, at 5:00 p.m. for an Adjourned Regular meeting
(Long Term/Strategic Business Plan), in the City Council Chamber.
15 10/05/2010
Respecffull i s b itted,
MARIA-MOIRRPS, CITY
Approved; Octobe-r'1-9,. .710
DR. LONDRES OSO, MAYO
16
10/05/2010