10-0216_CC_Minutes_Adjourned Regular Meeting_2MINUTES
February 16, 2410
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR. MEETING
CLOSED SESSION:
Mayor Uso called the Adjourned Regular Meeting of the City Council to order at
3:12 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar,
Mayor pro tem Laura Freese and Mayor Uso
COUNCIL MEMBERS ABSENT: Council Member Nielsen
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.
C. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of City of San
Juan Capistrano vs. Hathaway.
d. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of City of San
Juan Capistrano vs. State of California (Caltrans).
e. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of Nama vs.
City of San Juan Capistrano.
f. Pursuant to Government Code Section 54956.9(a) and (b), the City Council
conferred with legal counsel pertaining to existing litigation and new claim
relating to flooding in the matter of Casitas Capistrano HOA vs.
City of San Juan Capistrano.
BUSINESS SESSION:
Mayor Uso called the Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano at 4:37 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Mayor pro tem Freese gave the invocation.
RN I CL&1 1
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar,
Mayor pro tem Laura Freese and Mayor Uso
COUNCIL MEMBERS/DIRECTORS ABSENT: Mark Nielsen
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:
■ Meeting with the Orange County Assessor's Office.
■ Meeting regarding potential Hotel.
■ Meeting with Southern California Association of Governments (SCAG)
representatives.
■ Meeting with new South Orange County Water Group.
Council Member Hribar gave an update on the committee's efforts and their continuous
work on obtaining Measure M Environmental Grant Funding for restoration projects and
acquisition of open space for habitat preservation.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Taste of San Juan", hosted by the Fiesta Association.
■ "Organic Beer Making Class", hosted by The Ecology Center.
■ Medical Van at the Community Center offering Free Medical services.
■ "How to Re -landscape your Yard " workshop, hosted by Tree of Life Nursery.
■ "Wyatt Earp" play, at the Camino Real Playhouse.
■ "Pet Adoption Day" at PetCo by The Ark of San Juan.
■ "State of the City" at EI Adobe Restaurant.
■ J.F. Shea Therapeutic Riding Center Open House.
"A Night at the Oscars", hosted by the San Juan Capistrano Library.
■ Multicultural Arts Music Concert at the Library will present Hanneke Cassel,
renowned fiddler.
■ "Kids Pet Parade", hosted by the Fiesta Association.
2 2/16/2010
INTRODUCTIONS AND PRESENTATIONS
MOTHERS AGAINST DRUNK DRIVING (MADD) RECOGNIZED DEPUTIES
KASEY MARSHALL AND MICHAEL RUPLEY (610.46)
Larry Seja, Tustin Police Department, representing Mothers Against Drunk
Driving (MADD) recognized and presented Awards to Deputies Kasey Marshall
and Michael Rupley for excelling in the apprehension of drunk drivers.
Mayor Uso presented them with a Certificate of Recognition.
2. PRESENTATION FROM CENSUS 2010 (610.40)
Dwight Delgado, Representative from Census 2010, provided a presentation
about the 2010 Census.
3. INTRODUCTION OF THE CITY'S CORE (REORGANIZATION TEAM) (610,40)
The following City employees were introduced as part of the CORE team: Justin
Kirk, Associate Planner; Pooja Gupta, Business Systems Analyst; Lori Fuentes,
Administrative Coordinator; Koon Tan, Associate Engineer; Cathy Salcedo,
Sr. Executive Assistant; Doug Miller, Sr. Financial Analyst; Karisa Rojas, City
Manager Intern; Kathleen Springer, Human Resources Manager; David
Contreras, Senior Planner; Paul Scionti, Utilities Department; and Gil Leon,
Community Services Coordinator.
4. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Sindy Garcia and Jose Monroy, Youth Advisory Board, ,fill
Hanna and Gail Zukow, Parks, Recreation and Equestrian Commission; Dave
Solt, Housing Advisory Committee; Larry Kramer, Transportation Commission;
and; Orange County Fire Authority Battalion Chief Terry Scortt.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening.
• Frank Marmolejo, Orange County Human Relations Council, provided the Annual
Report for 2008-09; and presented the City Council with a Certificate of Appreciation
for supporting good human relations infrastructure.
■ Dave Solt, City resident, asked the Council to assist Habitat for Humanity to
accelerate the process in finding deserving families to occupy the ready to move -in
homes by: 1) City placing flyers in water bills. 2) City sponsor orientation meetings.
3) informing City staff who may qualify for the homes; and responded to questions
from the Council.
• Art Hasselbrink, Home Front America, requested a letter from Council for support to
obtain a Marine's Static Display for the Grub Fest.
• Mamie Yong, Home Front America, would like to assist in finding military families for
the Habitat for Humanity homes.
3 2/16/2010
CONSENT CALENDAR:
Council Action: Moven by Council Member Hribar, seconded by Mayor pro tem Freese,
and carried 4-0-1 with Council Member Nielsen absent to approve consent calendar
items 1 through 5, 7 through 12 and 15 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 21, 2010,
APPROVED.
3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JANUARY 27, 2010 (LONG TERM VISION/STRATEGIC PLAN), APPROVED.
4. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 28, 2010,
APPROVED.
5. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 2, 2010,
APPROVED..
6. PERSONAL SERVICES AGREEMENT FOR PRELIMINARY GRADING PLANS
AND COST ESTIMATE FOR THE NORTHWEST OPEN SPACE DESIGN,
PHASE 1A, APPROVED (600.30
Steve Apple, Community Development Director, and William Ramsey, Principal
Planner, responded to questions.
Public Comment:
■ Gail Zukow, Parks, Recreation and Equestrian Commission, felt that the
Parks, Recreation and Equestrian Commission has not had the opportunity to
review the item, and spoke in concerns with Open Space Committee items
going to the Council before going to the proper Commissions.
• Larry Kramer, Member of the Open Space Committee, stated that the
Open Space Committee's responsibilities are not just limited to acquire land,
but to also look into the uses for the land; and informed that the Open Space
Committee has invited two members of the Parks, Recreation and Equestrian
Commission to their meetings.
Council Comment:
■ Preference in continuing the item in order to allow the Chairman of the Open
Space Committee to address questions.
• Need to go through the proper process in having the Parks, Recreation and
Equestrian Commission to review first.
■ Need to. have the Open Space Committee ideas to go to the
Parks, Recreation and Equestrian Commission first.
■ The Open Space Committee should not be designing parks.
4 2.11612010
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 4-0-1 with Council Member Nielsen absent to approve
Personal Services Agreement for preliminary grading plans and cost estimate for
the northwest open space design phase 1A in the amount not to exceed $30,750;
and City Manager authorized to execute the agreement.
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Freese and Mayor Uso
NOES: Council Members: None
ABSENT: . Council Members: Nielsen
7. RESOLUTION NO. 10-02-16-01 ADOPTED, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
UPHOLDING THE APPEAL OF SIGN PERMIT (SP) 09-040, THEREBY
APPROVING THE PROPOSED 25'-0' PYLON SIGN AT THE NISSAN AUTO
DEALERSHIP FOR PROPERTY LOCATED AT 33611 CAMINO CAPISTRANO
(APN 121251-41) (BRENT FORTE) (SITE ENHANCEMENT SERVICES)
(410.60)
8. FEE WAIVER FOR MONUMENT SIGN BY THE FRIENDS OF THE LIBRARY,
APPROVED; AND $1,500 APPROPRIATED FROM ACCOUNT NO.
50-00000-62-08301-000 TO COVER CITY FEES FOR THE MONUMENT
(410.60)
9. 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)
10. PLANS AND SPECIFICATIONS FOR THE CALLE RESPLENDOR STORM
DRAIN (CIP NO. 07501); AND CITY CLERK AUTHORIZED TO SOLICIT AND
RECEIVE BIDS (600.30)
11. CLAIM OF SHIRLEY OLSEN DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
12. PLANS AND SPECIFICATIONS FOR THE EASTERN WELLS PIPELINE AND
WELL EQUIPMENT PROJECTS (CIP 08802), APPROVED; CITY CLERK
AUTHORIZED TO ADVERTISE AND RECEIVE BIDS; AMENDMENT NO I. TO
THE PERSONAL SERVICES AGREEMENT WITH AKM CONSULTING
ENGINEERS, IN THE AMOUNT OF $14,794, APPROVED; AND RESOLUTION
NO, 10-02-16-02 ADOPTED, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE
EASTERN WELLS PIPELINE AND WELL EQUIPMENT PROJECTS (CIP
08802) (AKM CONSULTING ENGINEERS)
5 2116/2010
13. PAVEMENT REHABILITATION IMPROVEMENT PLANS PROJECT AWARDED
TO COPP CONTRACTING, INC. (600.30)
Council Comment:
■ Need to do proper press releases in order to notify the public.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 4-0-1 with Council Member Nielsen absent to award the
Pavement Rehabilitation Improvement Plans Project to Copp Contracting, Inc, in
the amount of $2,639,365.60, and all other bids rejected.
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Freese and Mayor Uso
NOES: Council Members: None
ABSENT: Council Members: Nielsen
14. RESOLUTION NO. 10-02-16-03, ADOPTED REQUESTING SUPPORT FOR
FEDERAL FUNDING FOR FY 2010/11 CITY CAPITAL IMPROVEMENT
PROJECTS (BARBARA BOXER); RESOLUTION NO. 10-02-16-04, ADOPTED
REQUESTING SUPPORT FOR FEDERAL FUNDING FOR FY 2010111 CITY
CAPITAL IMPROVEMENT PROJECTS (DIANNE FEINSTEIN),
RESOLUTION NO. 10-02-16-05, ADOPTED REQUESTING SUPPORT FOR
FEDERAL FUNDING FOR FY 2010111 CITY CAPITAL IMPROVEMENT
PROJECTS (KEN CALVERT) (850.00)
Council Action: Moved by Mayor pro tem Freese, seconded by Council Member
Hribar, and carried 4-0-1 with Council Member Nielsen absent to adopt
RESOLUTION NO. 10-02-16-03, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING SUPPORT FOR FEDERAL FUNDING FOR FY 2010/11 CITY
CAPITAL IMPROVEMENT PROJECTS (BARBARA BOXER); RESOLUTION
NO. 10-02-16-04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING SUPPORT
FOR FEDERAL FUNDING FOR FY 2010111 CITY CAPITAL IMPROVEMENT
PROJECTS (DIANNE FEINSTEIN); RESOLUTION NO. 10-02-16-05, adopted
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUESTING SUPPORT FOR FEDERAL
FUNDING FOR FY 2010111 CITY CAPITAL IMPROVEMENT PROJECTS (KEN
CALVERT)
Cindy Russell, Assistant City Manager, responded to questions.
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Freese and Mayor Uso
NOES: Council Members: None
ABSENT: Council Members: Nielsen
6 2/16/2010
15. PLANS AND SPECIFICATIONS FOR THE SAN JUAN CAPISTRANO LIBRARY-
(CARRIE JOHNSON), APPROVED (600.30)
I a Im q [440 1 am a ILI [jil
1. GENERAL PLAN AMENDMENT (GPA) 06-03, REZONE (RZ) 06-06,
ARCHITECTURAL CONTROL (AC) 07-22, DEVELOPMENT AGREEMENT, ST.
MARGARET'S EPISCOPAL SCHOOL MASTER PLAN — CONTINUED TO
MARCH 2, 2010
Public Correspondence:
■. Mark Nielsen, City Council Member, submitted a letter dated
February 16, 2010, asking the Council to defer any action to the next Council
meeting due to a number of issues that need to be reworked.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 4-0-1 with Council Member Nielsen absent to continue the
public hearing to March 2, 2010.
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Freese and Mayor Uso
NOES: Council Members: None
ABSENT: Council Members: Nielsen
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. COMMUNITY SERVICES DIRECTOR
•C�\� 11 • \�_ � �\N l � r � .'.\ ,:► .'.' ��1��
FIESTA ASSOCIATION, APPROVED; CITY MANAGER AUTHORIZED TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING; AND RESOLUTION
NO. 10-02-16-06 ADOPTED APPROVING A FEE WAIVER OF CITY FEES
FOR THE 2010 FIESTA DE LAS GOLONDRINAS CELEBRATION AND
PARADE, USE OF CITY FACILITIES TO CONDUCT MEETINGS; AND
GRANTING AN EXCEPTION FOR FIREARMS DISCHARGE ON HOOS"GOW
DAY AND THE SWALLOWS DAY PARADE (600.30/390.30)
Karen Crocker, Community Services Director, responded to questions.
Public Comment:
Rita Propersi, San Juan Capistrano Fiesta Association, requested that the
City waive the fees for the 2010 parade.
David Faylon, San Juan Capistrano Fiesta Association, spoke regarding the
need for support from the City by assisting in waiving the fees.
7 2/16/2010
Erin Kutnick, City resident, spoke in support of the fee waiver for the Fiesta
Association; and asked for assistance from the City for a San Juan Hills High
School program "Every Fifteen Minutes" to prevent drinking and driving.
Council Comment:
■ The Golondrinas Parade is a major event for the City that is run by
volunteers, all the fees should be waived.
■ Last year all fees were not waived due to cuts the City had to make; the event
is an important economic stimulus event for the City and should waive all
fees.
■ Felt that staff recommendation of waiving 50% of the fees is a good comprise;
and the City would help the Fiesta Association if they were in trouble, but
need to be fiscally responsible for the residents.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried 4-0-1 with Council Member Nielsen absent to
approve a Memorandum of Understanding with the San Juan Capistrano Fiesta
Association recognizing the Fiesta Association as lead agency in planning,
coordinating and conducting all official events associated with the 2010 Fiesta de
las Golondrinas Celebration; City Manager authorized to execute the
Memorandum of Understanding; and RESOLUTION NO. 10-02-16-06 adopted,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR A FEE WAIVER
OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION
FOR THE EVENTS ASSOCIATED WITH THE 2010 FIESTA DE LAS
GOLONDRINAS CELEBRATION AND SWALLOWS DAY PARADE; AND
GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE
REGULATIONS FOR HOOS'GOW DAY AND SWALLOWS PARADE DAY"; and
waiving all the fees.
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Freese and Mayor Uso
NOES: Council Members: None
ABSENT: Council Members: Nielsen
b. CONCEPTUAL DESIGN FOR THE PROPOSED SKATE PARK AND
RELOCATION OF THE COMMUNITY GARDEN TO THE CITY'S FARM,
Zaanelyn:am-Jowl
Karen Crocker, Community Services Director, responded to questions.
Public Correspondence:
■ Tony and Orrie Brown, City residents, submitted correspondence dated
February 15, 2010, in opposition of the skate park due to lack of funding.
■ Kim McCarthy, City resident, submitted an e-mail dated February 16, 2010, in
opposition of building a skate park with grant funds.
8 2/16/2010
Public Comment:
Mike Thompson, City resident, wanted additional information regarding the
skate park project.
Council Comment:
■ In favor of the plans and the location, if the City cannot obtain the grant it
would need to be reworked.
• Commended staff and Townsend and Associates for the public community
meetings held in order to obtain community input.
■ Concerns with the process not going through the proper Commissions before
coming to the City Council, and would like to make sure that before it goes to
the proper commissions before it comes back to Council for final approval.
Council Action: Moved by Mayor pro tem Freese, seconded by Council Member
Allevato, and carried 4-0-1 with Council Member Nielsen absent to approve the
conceptual design of the proposed Spate Park and relocation of the Community
Garden to the City's farm site.
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Freese and Mayor Uso
NOES: Council Members: None
ABSENT: Council Members: Nielsen
ORDINANCES: None
COUNCILMANIC ITEMS:
DISCUSSION ON THE RANCHO MISSION VIEJO RIDING PARK AT
SAN JUAN CAPISTRANO -- CONTINUED TO A FUTURE MEETING (600.30)
Public Correspondence:
Mark Nielsen, City Council Member, submitted a letter dated
February 16, 2010, requesting that the City Council defer any action on this
matter until it can be discussed by all the members of the Council.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 4-0-1 with Council Member Nielsen absent to continue the
item to a future meeting.
ROLL CALL:
AYES: Council Members: Allevato; Hribar, Freese and Mayor Uso
NOES: Council Members: None
ABSENT: Council Members; Nielsen
9 2/16/2010
Z DISCUSSION REGARDING CLARITY AND TRANSPARENCY IN
CLOSED SESSION — CONTINUED TO A FUTURE MEETING (610.85)
Public Correspondence:
= Mark Nielsen; City Council Member, submitted a letter dated
February 16, 2010, requesting that the City Council defer any action on this
matter until it can be discussed by all the members of the Council.
Council Action: Moved by Mayor pro tem Freese, seconded by Council Member
Allevato, and carried 4-0-1 with Council Member Nielsen absent to continue the
item to a future meeting.
ROLL CALL:
AYES: Council Members: Allevato, Hribar, Freese and Mayor Uso
NOES: Council Members: None
ABSENT: Council Members: Nielsen
Mayor pro tem Freese inquired about the Mayor's Trophy Award at the CARE
Car Show. Mayor Uso clarified that he made the selection at the car show, but.
was not available to present the award.
ADJOURNMENT:
The eing no further business, Mayor Uso adjourned the meeting at 6:37 p.m. to
Tu sd y N[ch 2, 2010 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public
B i srsion, 4n the City Council Chamber.
2RIS, CIYY CLERK
Approved�l rch 2, 20,10
F.11
DR. LONDRES USO, MAYOR
10 2/1612010