10-0202_CC_Minutes_Regular MeetingMINUTES
February 2, 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.
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 matter of Scalzo vs.
City of San Juan Capistrano.
BUSINESS SESSION:
Mayor Uso called the Regular Meeting of the City Council of the City of
San Juan Capistrano at 6:34 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Council Member Nielsen gave the invocation.
Rn! I CAI I
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Laura Freese and Mayor Uso
COUNCIL MEMBERS/DIRECTORS ABSENT: None
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Mayor Uso announced that no reportable actions took place in Closed Session.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: None
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported that the Open Space Committee will bring forward to
a future City Council meeting their reviews regarding Proposition 84 Grant applications;
designations for portion of the Shea property; and an update on Measure M property
acquisition.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ 7th Annual CARE car Show, at the San Juan Capistrano Sports Park.
■ "Farm to Fork", hosted by The Ecology Center.
■ SCORE Workshop, presented by the Chamber of Commerce.
■ Valentine Arrangement class at The Taylor House.
■ "Evening Networking Mixer", at the Marbella Country Club, hosted by the
Chamber of Commerce.
0 "Wine Tasting Event" at the Salt Creek Grille, hosted by the Boys & Girls Club.
■ "Valentine Evening with Delectable Dining & Romantic Dancing" at the
Forster Mansion.
■ "Taste of San Juan", at EI Adobe Restaurant, hosted by The Fiesta Association.
INTRODUCTIONS AND PRESENTATIONS
THE ST. MARGARET'S FOOTBALL TEAM "THE TARTANS" RECOGNIZED
FOR WINNING ITS FOURTH CONSECUTIVE CIF CHAMPIONSHIP (610.40)
Mayor Uso recognized the St. Margaret's Football Team the Tartans for winning
its fourth consecutive CIF Championship and presented them with a
Certificate of Recognition.
2. WILLIAM RAMSEY, PRINCIPAL PLANNER RECOGNIZED FOR 20 YEARS OF
SERVICE (730.90610.40)
Steve Apple, Community Services Director, recognized William Ramsey,
Principal Planner, for 20 years of services to the City. Mayor Uso presented him
with a Certificate of Appreciation.
3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Ilse Byrnes and Gail Zukow, Parks, Recreation and
Equestrian Commission; Larry Kramer, Transportation Commission;
Les Blair, San .Juan Senior Liaison; and Orange County Fire Authority Division
Chief Rick Robinson.
2 2/2/2010
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening.
• R.J. Brandes, Blenheim Equisports, congratulated the Council on the purchase of
the Rancho Mission Viejo property, and read a letter to the Council requesting the
City's support to allow for the continuation of equestrian events.
Steve Nelson, City resident, spoke regarding the impacts of illegal immigration; and
the need to enforce illegal immigration laws.
• Patrick Crowley, City resident, spoke in opposition of a new City Hall.
Shirley Witt, City resident, asked the Council to take consideration of the historic
Mission Flats neighborhood in regard to opening El Horno Street through
Rancho Viejo Road.
• Trisha Juenemann, City resident, spoke in opposition of opening El Horno Street
through Rancho Viejo Road.
• Sheryl Byrnes, Laguna Niguel resident, spoke regarding illegal immigration.
• Larry Kramer, City resident, invited the Council and public to the 7f'' Annual CARE
Car Show, and Dr. Joe Cortese Memorial - 2 I Annual Motorcycle Poker Run.
• Joel. Peshkin, City resident, spoke regarding proliferation of economical high
intensity lighting affecting the ambience of town.
• Tony Brown and Alvin Ehrig, City residents, presented a slide presentation regarding
graffiti in downtown. Lt. Dwyer, Chief of Police Services, provided implementations
to take place by Police Services to deal with graffiti.
• Dusty Otero, City resident, felt that comments under oral communication are too
negative, and the need to comment on the positive things going on in town.
• Kim McCarthy, City resident, spoke regarding overcrowding issues and illegal
immigration.
• Sally Garibaldi, City resident, felt that the City is doing their job regarding illegal
immigration; and that the recent graffiti in town is the work of a small minority.
• Adam Maywhorr, City resident, spoke regarding the need for respect on different
views during the oral communication process; and stated that the recent graffiti in
town looks like the work of one individual person.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1 through 4, 6 and
7 as recommended by staff.
Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 8, 2010,
APPROVED.
3. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
JANUARY 15, 2010, RECEIVED AND FILED (440.10)
3 21212010
4. RESOLUTION NO. 10-02-02-01 ADOPTED SUPPORTING THE FINDINGS OF
THE CALIFORNIA STATEWIDE LOCAL STREETS AND ROADS NEEDS
ASSESSMENT (800.40)
5. PURCHASE AND INSTALLATION OF 45 WIRELESS GPS DIAGNOSTIC
UNITS FROM NETWORK FLEET, INC., NOT APPROVED (370.30)
Jill Thomas, Senior Management Analyst, responded to questions.
Council Comments:
■ Not a high priority item at this time.
■ Maybe open to place in five vehicles and rotate them, but much rather spend
the funds on fuel efficient vehicles.
■ Could be open to a trail period in order to see the cost benefits.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member, Hribar and carried unanimously not to approve a wireless diagnostic
fleet management system.
6. STATUS REPORT AND CONSTRUCTION SCHEDULE UPDATE ON THE
WIDENING OF A SECTION OF VALLE ROAD, TENTATIVE TRACT MAPS
14196 AND 15609 (SUNCAL DEVELOPMENT), RECEIVED AND FILED
(420.401600.30)
7. REQUEST FOR BIDS FOR WATER AND SEWER SUPPLIES, APPROVED
(370.30)
PUBLIC HEARINGS:
1. TEMPORARY STREET CLOSURES, AND PARADE PERMIT, APPROVED
(150.60)
Alan Oswald, Senior Traffic Engineer, 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 Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously to approve the temporary street
closures for the Fiesta De Las Golondrinas Parade and the Mercado on
Saturday, March 20, 2010 and parade permit to the San Juan Capistrano Fiesta
Association, approved.
2. RESOLUTION NO. 10-02-02-02 ADOPTED APPROVING WATER RATE
INCREASE EFFECTIVE FEBRUARY 1, 2010; AND RESOLUTION NO.
10-02-02-03 ADOPTED APPROVING THE WASTEWATER RATE INCREASE
EFFECTIVE FEBRUARY 1, 2010 (1050.2011040.20)
4 2/2/2010
Cindy Russell, Assistant City Manager, Francie Kennedy Water Conservation
Coordinator, and Dan Merkle, Utilities Commission Chairman, responded to
questions.
Mayor Uso opened the public hearing and invited testimony.
Public Testimony:
■ John Perry, City resident, spoke in opposition to the water rate increase, high
costs to run the groundwater recovery plant; and submitted a case study for
failed water projects to the Council.:
■ Harriett Perry, City resident, spoke in opposition of the water rate increase
and MtBE surcharge.
■ Geoffrey K. Vonmuff, City resident, spoke in opposition of water rate increase.
■ Reed L, Royalty, City resident, felt that a water commodity rate increase is
inevitable; and felt that the notice provided to rate payers was unclear as to
the allocations and the MtBE surcharge.
■ Kim Lefner, City resident, felt that it is the wrong time to increase water rates
and the MtBE surcharge due to the economy.
■ Richard Gardner, Capistrano Beach resident, commended the City for
undertaking the allocation method of setting rates; felt that the MtBE
surcharge was not fair and should be returned to the tax payers if a
settlement was awarded from Chevron.
Mayor Uso closed the public hearing. The final number of protest letters received
by the City Clerk was 23.
Council Comments:
■ City has provided Chevron with an opportunity to come through, preference in
a fair settlement over litigation.
■ Need to be sustainable and not depend on Metropolitan Water District.
■ Cannot continue to be irresponsible by not increasing water rates.
■ Rate increase will generate 180 — 360 days of operating reserves and
hopefully achieve 360 days of capital improvement reserves.
■ Felt that MtBE surcharge should be refunded back to the tax payers after
receiving any settlements from Chevron.
■ Important to look at cost comparisons of "Normalized Average Monthly Bill
Chart" with other surrounding cities.
■ Clarification that the Advance Water Treatment Plant is not included in the
proposed plan; the Groundwater Recovery Plant funds are $6 million in
capital improvements for the expansion of the Groundwater Recovery Pant;
and an estimate of $6 million for recycled costs for piping and reservoirs.
■ Unfortunate to face this rate increases during hard economic times, but
cannot subsidize by the general fund.
■ Preference in bringing back to Council the MtBE surcharge based on monthly
allocation usage.
■ MtBE surcharge should be done proportionately in order not to penalize the
lower tier user.
5 2/2/2010
18� Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried unanimously to adopt RESOLUTION NO.
10-02-02-02 entitled `°A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING AND INCREASING
WATER COMMODITY AND SERVICE CHARGES'; and bring back to Council a
proposition 218 Dearing with a modification that the MtBE surcharge be changed
to a proportional allocation based on usage.
2nd Council Action: Moved by Council Member Hribar, seconded by Council
Member Nielsen, and carried unanimously to adopt RESOLUTION NO,
10-02-02-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING AND INCREASING
MONTHLY SEWER SERVICE CHARGES"
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. COMMUNITY DEVELOPMENT DIRECTOR
a. STAFF DIRECTED TO PROCEED WITH THE REQUEST FOR PROPOSALS
(RFP) PROCESS FOR A COMPREHENSIVE UPDATE OF THE CAPISTRANO
TERRACE MOBILEHOME PARK RELOCATION IMPACT REPORT (600.30)
William Ramsey, Principal Planner, responded to questions.
Public Correspondence:
■ Fred Perez, Chairman of the Capistrano Terrace "Park Purchase Committee",
submitted an e-mail on February 1, 2010, informing the Council that no
agreement was reached to purchase Park and no Escrow was opened. The
two offers submitted to the owners by the residents were never acknowledge
in December 2008.
Public Comment,
■ Jim Vance, City resident, expressed gratitude for the City's rent control
ordinance; and gave a history of the process.
■ Sally Garibaldi, President of the Capistrano Terrace Mobilehome.
Homeowners Association, read a letter giving the residents view regarding
the relocation process.
■ Gila Jones, Housing Advisory Committee, urged the Council to 1) direct all
City: Departments to expedite the closure application. 2) direct staff to require
that all data provided by the park owner be independently verified by the
consultant. 3) allow a review period for comments once the park relocation
impact report is completed.
6 2/2/2010
Council Comment:
■ The City will follow its rent control ordinance.
■ Need to make sure that the data provided be independently verified by the
consultant, and to allow a review period for comments.
Council Action. Moved by Mayor pro tem Freese, seconded by Council Member
Nielsen, and carried unanimously to direct staff to proceed with the Request for
Proposals (RFP) process to retain a qualified consultant to Prepare a
Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation
Impact Report.
ORDINANCES: None
COUNCILMANIC ITEMS:
1. DISCUSSION ON THE VIABILITY OF THE CONTINUING LIFE COMMUNITIES
(CLC) OPTION AGREEMENT — NO ACTION TAKEN (600.30)
Public Correspondence:
■ Bob King, Save Our San Juan, submitted a letter dated February 1, 2010, in
opposition to the project; and asked for the Council to point out that the City is
under no binding legal obligations.
■ Lennie DeCaro, City resident, submitted an email on February 2, 2010, in
opposition to the project.
Public Comment:
■ Jim Reardon, City resident, felt that the process would be distorted; and
spoke regarding staff time spent for something that has not been decided on.
■ Orrie Brown, City resident, expressed needs for limited government, fiscal
responsibility and transparency.
■ Kim McCarthy, City resident, spoke in opposition to the CLC project.
■ Kim Lefner, City resident, urged the Council to back out of the Option
Agreement and spend the $10 million on downtown revitalization.
■ Adam Maywhorr, City resident, spoke of the different levels of open space;
felt that redevelopment should start from the downtown and spread out.
■ Larry Kramer, City resident, felt that the City need to get all the facts before
re -negotiating the Option Agreement; and stated that a lot of the City's open
space was acquired by negotiating with developers.
■ Roy L. Byrnes, City resident, project should be judged on its merits without
the option agreement and the City should not pay $10 million for the land.
■ Richard Gardner, Capistrano Beach resident, spoke regarding resolving the
restoration of Oso Creek.
■ Troy Bourne, Continuing Life Communities (CLC), made clarifications
regarding the project and the option agreement, and responded to questions
from the Council.
7 2/212010
Council Comment:
■ Open Space Committee looks into converting land that is not designated as
open space into open space.
■ Having the Option Agreement puts the City in' a better stand, there's no
commitment for the City and it does not give the applicant more advantage.
■ Option Agreement should not be addressed at this time, until clear
information from the project comes back to the Council for further
consideration.
■ The project is consistent with the general plan and zoning requirements, it
needs to go through the process.
■ Best interest for the City to move forward to obtain the public railroad crossing
for safety and public access, no matter for what project.
■ Need to develop the last parcels of land in town in order to improve the
financial future of the City.
■ Premature to make changes to the Option Agreement at this time.
■ Felt that the Option Agreement needs some changes, but it can be
re -negotiated at a later time; looking forward for the CLC project to go through
the process, and feels that the project has merit as well as trying to maintain
the open space, and potential opportunities with the soccer fields and the
conference center owned by Shuller Ministry.
■ Felt that the Option Agreement is not in the best interest of the City; not in
favor of spending $10 million from the Redevelopment Agency funds; hillsides
and creek bed would be a liability to the City; soccer fields could be
purchased directly from Shuller Ministry.
■ Felt that having an Option Agreement can interfere with staff decisions while
processing the application for the project.
■ The Option Agreement was announced and brought forward to the public
after closed session and a workshop regarding the project was held by the
City Council/Planning Commission Workshop.
2. COUNCIL MEMBER ALLEVATO AND COUNCIL MEMBER HRIBAR,
APPOINTED TO THE CITY HALL AD-HOC COMMITTEE (110.20)
Council Action: Moved by Mayor pro tem Freese, seconded by Council Member
Nielsen, and carried unanimously to appoint Council Member Allevato and
Council Member Hribar to the City Hall Ad -Hoc Committee.
3. MAYOR PRO TEM FREESE AND COUNCIL MEMBER NIELSEN APPOINTED
TO THE RMV RIDING PARK AT SAN JUAN CAPISTRANO AD-HOC
COMMITTEE (110.20)
Council Comment:
■ Felt that it would be a conflict to appoint two Council Members who already
serve in the Open Space Committee.
■ Would like regular reports given on a regular basis at City Council meetings.
8 2/2/2010
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to appoint Mayor pro tem Freese and Council
Member Nielsen to the RMV Riding Park at San Juan Capistrano
Ad -Hoc Committee.
ADJOURNMENT:
There being no further business, Mayor Uso adjourned the meeting at 11:44 p.m. tc
Thursday, February 11, 2010 at 3:00 p.m. for a Long TermNision Strategic Workshop;
and then to Tuesday, February 16, 2010 at 1:30 p.m. for a
public/]meeting with United States Representative Ken Calvert; and then tc
TueFfjbruary 16, 2010 at 3:00 p.m. Closed Session, and 4:30 p.m. for the public.
S, CIT\ACLERK
Approved: Februa,.ty._16';-P10
DR. LONDRES USO\MAYOR
9 2/2/2010