10-0316_CC_Minutes_Regular MeetingMINUTES
March 16, 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.
ROLL CALL
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
Marbella Development Company 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 Allevato gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Laura Freese and Mayor 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 no reportable actions took place in Closed Session.
CITY COUNCIL. REPORTS ON OUTSIDE AGENCIES:
■ League of California Cities Advocacy Committee meeting.
■ Desalinization Meeting.
■ Orange County Fire Authority meeting.
■ Urban Land Institute meeting.
■ San Juan Basin Authority meeting.
■ South Orange County Water Agency meeting.
■ Vector Control meeting.
® California Park and Recreation Society meeting.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported that the next meeting of the Open Space Committee
will be held Monday, April 5, 2010 at 6:30 p.m. in the City Council Chambers.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ "Fiesta Grande", hosted by the Fiesta Association.
■ "St. Joseph's Day Return of the Swallows Celebration" at the Mission.
■ "Hoos'Gow Day" throughout Downtown San Juan Capistrano.
■ "52nd Annual Swallows Day Parade" in Downtown.
■ "Distant Land of My Father", reader's book discussion at the Library.
■ "Earthen -Baked Bread Making", hosted by The Ecology Center and Farm Tour.
■ The Plein Air Art Exhibit displaying art collection of Mrs. Joan Irvine Smith and the
Irvine Museum, at the Mission.
■ The $25,000 Royal Champion Jumper Classic and the Open Equitation Classic, at
Rancho Mission Viejo Riding Park.
■ "A Serious Man" film series, hosted by the Library.
■ The $50,000 Orange County Register CSI -W Grand Prix World Cup Qualifier
(Show Jumping Competition), at Rancho Mission Viejo Riding Park.
INTRODUCTIONS AND PRESENTATIONS
RECOGNITION OF THE AMERICAN. YOUTH SOCCER ORGANIZATION
(AYSO) REGION 87 (610.40)
Mayor Uso recognized the American Youth Soccer Organization (AYSO) Region
87 for their outstanding victories and season, and provided them with a
Certificate of Recognition.
2. PRESENTATION OF VIRTUAL. TRAILS ON CITY'S WEBSITE (610.40)
Ziad Mazboudi, Senior Engineer, gave a presentation of the City's website on
virtual trails.
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3. STATUS PRESENTATION REGARDING THE CALTRANS
1-5/ORTEGA HIGHWAY INTERCHANGE PROJECT, RECEIVED AND FILED
(800.20)
Tim Neely, Planning Commission representing the City of San Juan Capistrano
Aesthetics Team provided a power point presentation regarding giving a status
report on the Caltrans 1-5/Ortega Highway Interchange project. Nooshim Yoosefi,
Caltrans Project Manager responded to questions from the City Council.
Council Comment:
Important that aesthetic concepts should follow through with the east
entrance to the City.
■ Need to try to eliminate as many curb cuts as possible along Del Obispo.
■ Essential that the City control entry parcels to the City.
■ Preference in having ample pedestrian access on the bridge.
■ Need to have gateway areas for proper monument signage
"Welcome to San Juan Capistrano".
■ Need to continue to focus on details (i.e. bridge abutment, colorized concrete,
WPA details and ramp railings).
■ Preference in not having safety fencing (chain-link fencing) on the bridge,
need to keep the appearance of a rural and historic character.
■ Need to look into the possibility of the road alignment to improve the traffic
circulation:
■
Should. look at other examples of historical/rural northern California cities.
■ Need to receive fair market value for the City's parking lot next to the
Playhouse, which can provide additional funding for additional project
improvements.
■_ Preference in narrowing the overly large concrete areas.
■ Any issues of disagreements among staff and the aesthetic team are to come
back to Council.
3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Don Tryon, Cultural Heritage Commission; Ilse Byrnes,
Parks, Recreation and Equestrian Commission; Gerald Muir and Farida Valji,
Youth Advisory Board; Mary -Ellen West, San Juan Senior Liaison; Tim Neely,
Planning Commission; Bob Cardoza, Design Review Committee; and Orange
County Fire Chief Robertson.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening.
Don Tryon, City resident, invited the City Council to "Mayor's Night", hosted by the
Historical Society.
Carl Copley, City resident, announced a coming "Blood Drive" at San Juan Hills High
School.
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• Farida Valji, Youth Advisory Board, asked the City Council to consider donating
funds that would be used to host a "Movie Night" that would feature the movie
"Iron Man".
• Shelly Barker, City resident, spoke regarding making sure that the trail pertaining to
the St. Margaret's new project goes through in a timely matter.
• Marsha Norman, City resident, provided a handout to the Council regarding
protecting the Oath of Office taken by all City Officials.
• Shelby Cunnigham, City resident, spoke regarding lack of regular parking
enforcement on Calle Reynaldo.
= Tony Brown, City resident, spoke against the need for a new City Hall, and felt that
the City is overly staffed in comparison to neighboring cities.
• Orrie Brown, City resident, felt that the grant received by the City for gang prevention
should not be utilized for feel -good projects.
• Clint Worthington, City resident, felt that the City Council should recognized
Capistrano Pluming for 51 years of business in the City.
• Kathleen Petersen, City resident, suggested that the gang prevention grant should
be used to enforce parking enforcement and street vendors; increase the City's
Code Enforcement officers; and to educate Homeowners Association regarding
parking issues.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1 through 3, 6, 7,
and 9 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF
MARCH 2, 2010, APPROVED (COUNCIL MEMBER NIELSEN ABSTAINED)
3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
FEBRUARY 16, 2010 (MEETING WITH CONGRESSMAN KEN CALVERT)
(COUNCIL MEMBER NIELSEN ABSTAINED)
4. RESOLUTION NO. 10-03-16-01 CALLING A PUBLIC HEARING TO REVISE
THE BOUNDARY OF UNDERGROUND UTILITY DISTRICT 05-01 (345.50)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously to adopt RESOLUTION NO. 10-03-16-01,
entitled "A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CALLING A PUBLIC HEARING TO REVISE THE BOUNDARY
OF UNDERGROUND UTILITY DISTRICT 05-01".
4 3/16/2010
5. BUDGET AMENDMENT FOR ROGER Y. WILLIAMS/SWANNER SEWER LINE
REPAIR, APPROVED (330.20)
Teri Delcamp, Historic Preservation Manager, responded to questions.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously to approve a budget amendment for the
Roger Y. Williams/Swanner sewer line repair; transferring funds from the
agricultural preservation fund, in the amount of $30,262 to the farm operations
fund (Account No. 15-83727-64116-00000-718) and residential property rental
budget increased by $16,250 in the farm operation fund (Account No.
15-00000-46120-00000-2320), approved.
6. PLANS AND SPECIFICATIONS FOR THE HYDRAULIC CAPACITY PROJECT
NO. 1 (CIP 07706) (TETRA TECH, INC.); APPROVED (600.30) .
7. STAFF AUTHORIZED TO RECEIVE BIDS FOR EMERGENCY NEED
CONSTRUCTION SERVICES (600.30)
8. STAFF DIRECTED TO SOLICIT STATEMENTS OF QUALIFICATIONS TO
FORM MASTER PERSONAL SERVICES AGREEMENTS FOR
PROFESSIONAL SERVICES FOR UNDEFINED ENGINEERING PROJECTS
SPECIFIC TO THE WATER AND SEWER SYSTEM MAINTENANCE REPAIR
(600.30)
West Curry, Assistant Utilities Director, responded to questions.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously to direct staff to solicit statements of
qualifications to form a roaster Personal Services Agreements for professional
services for undefined engineering projects specific to the water and sewer
system maintenance repair, and small capital projects for a period of three (3)
years term with option of two (2) one-year extensions, not to exceed $50,000 per
project proposal, per year, approved; with the proviso that any expenses and
excess of $100,000 a year to any one firm would need to come back to the
City Council for approval.
9. PERSONAL SERVICES AGREEMENT FOR PLANS AND SPECIFICATIONS
FOR THE GROUNDWATER RECOVERY PLANT UPGRADES (CIP 10802)
(AKM CONSULTING ENGINEERS), APPROVED (600.30)
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PUBLIC HEARINGS:
CODE AMENDMENT (CA) 09-02, TO ESTABLISH LAND USE STANDARDS
FOR BUSINESSES WITH DRIVE -UP CONVENIENCE WINDOWS -
CONTINUED TO APRIL 6, 2010 (420.30)
Public Comment:
■ Phil Schwartze, City resident, spoke on behalf of Bravo Burger in support of
the Code Amendment.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously to continue the public hearing to
April 6, 2010.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. RESOLUTION 10-03-16-02 ADOPTED AUTHORIZING THE INITIATION OF
GENERAL PLAN AND LAND USE CODE AMENDMENTS TO ENCOURAGE
HOTEL DEVELOPMENT (440.20)
Douglas D. Durnhart, Economic Development Manager, provided a slide
presentation and responded to questions.
Public Comment:
■ Robert Olson, Olson Companies, spoke regarding looking into developing a
Hotel in town for eleven (11) years; currently looking at a site in Stonefield
and Camino Capistrano; spoke regarding tax benefits; and stated that the City
fees are high in comparison with other cities.
Council Comment:
■ Supports increasing the floor area ratio (FAR), and reducing the parking
requirements; felt that height requirements need to be looked at individually
as it relates to surrounding buildings in topography.
■ Imperative to get a Hotel; missing out on receiving Transient Occupancy Tax
(TOT) revenue.
■ Need to look into lowering fee structure in order to attract hotels in town.
■ Would like to add the following language to the resolution under paragraph
number 5: WHEREAS, the City Council desires to recruit certain types of
hotel development and finds it necessary to initiate an amendment to the
General Plan and Municipal Code to incorporate development standards
more conductive to attracting appropriate Hotel development...; and add to
the last paragraph: NOW, THEREFORE, BE IT RESOLVED, that the City
Council of the City of San Juan Capistrano does hereby initiate consideration
of a General Plan and Municipal Code Amendment study process for
adopting development standards which encourages desired Hotel
development.
6 3/16/2010
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously to adopt Resolution No. 10-03-16-02,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AND LAND USE
CODE AMENDMENT (GPA AND CA) TO ENCOURAGE HOTEL
DEVELOPMENT"; and adding the following language to the resolution:
under paragraph number 5: WHEREAS, the City Council desires to
recruit certain types of hotel development and finds it necessary to initiate
an amendment to the General Plan and Municipal Code to incorporate
development standards. more conductive to attracting appropriate Hotel
development...; and add to the last paragraph: NOW, THEREFORE, BE
IT RESOLVED, that the City Council of the City of San Juan Capistrano
does hereby initiate consideration of a General Plan and Municipal Code
Amendment study process for adopting development standards which
encourages desired Hotel development.
b. VOLUNTEER POLICY, APPROVED (100.20)
Kathleen Springer, Human Resources Manager, provided a staff report and
responded to questions. Karen Crocker, Community Services Director,
responded to questions.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Allevato, and carried unanimously for the Volunteer Policy to go into
effect.
G2. ADMINISTRATIVE SERVICES DIRECTOR
a. FISCAL YEAR 2000/2010 MID -YEAR OPERATING BUDGET ADJUSTMENT —
(330.20)
Steve Montano, Assistant Administrative Services Director, provided a staff
report and responded to questions. The following staff members responded to
questions from the City Council: Cindy Russell, Assistant City Manager; Jill
Thomas, Senior Management Analyst; Lt. Dan Dwyer, Chief of Police Services;
and West Curry, Assistant Utilities Director.
Council Comment:
• Would like to see a breakdown between the costs for consultants versus
internal staff.
■ Would like staff to bring to Council quarterly financial statements beginning
the end of March.
■ Felt that the City is spending too much on Information Technology (IT)
services; and would like to see a breakdown on the IT costs with the quarterly
financial statements.
7 311612010
■ Preference to look into the Capital Improvement Projects (CIP), or scaling
back on consultants and IT services before tapping into the general fund to
cover deficit.
■ Need to make sure that the City does not deteriorate (i.e. street maintenance)
during budget cuts.
• Not in favor of closing City Hall every Friday, as it would create increase
inefficiencies and would create a disservice to the community.
■ Possibility in staff savings by offering employees part-time with full benefits.
■ Not in favor of balancing the budget by tapping into the general fund.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem
Freese, and carried unanimously to approve staff recommendation; and direct
staff to bring back to the City Council updated information in order to provide
further clarifications, and provide recommendations on further reductions without
using the reserves.
b. FISCAL YEAR 2009/2010 MID -YEAR CIP BUDGET ADJUSTMENTS (330.20)
Doug Miller, Senior Financial Analyst, provided a staff report and responded to
questions. Cindy Russell, Assistant City Manager, responded to questions.
Council Comment:
■ Preference in future mid -year CIP budget reports to show what has been
spent versus what is estimated to be spent by the end of the fiscal year.
■ Quarterly financial reports should be presented to the City Council during
Special Meetings.
■ Concerned with impacts to staff time to provide quarterly financial reports.
■ The City Council has a fiduciary responsibility to be informed of budget issues
at an early stage.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem
Freese, and carried unanimously to approve the fiscal year 2009/2010 mid -year
CIP budget adjustments; with the proviso that the $300,000 ending fund balance
be put back into the general fund; and staff directed to bring to the City Council
quarterly financial reports.
ORDINANCES:
1. ORDINANCE NO. 968: APPROVING A DEVELOPMENT AGREEMENT FOR
ST, MARGARET'S EPISCOPAL SCHOOL. MASTER PLAN (ST. MARGARET'S
EPISCOPAL SCHOOL) (600.301460201440.25)
Maria Morris, City Clerk, provided an agenda report and read the title of the
ordinance.
8 3/16/2010
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem
Freese, and carried unanimously to adopt Ordinance No. 968, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A
DEVELOPMENT AGREEMENT FOR THE ST. MARGARET'S EPISCOPAL
SCHOOL MASTER PLAN PROJECT (ST. MARGARET'S OF SCOTLAND
EPISCOPAL SCHOOL).
2. ORDINANCE NO. 969: APPROVING THE AMENDMENT TO
COMPREHENSIVE DEVELOPMENT PLAN 78-01 (CDP), ORTEGA BUSINESS
CENTER (REZONE 06-06) (ST. MARGARET'S EPISCOPAL SCHOOL)
(600.301460.201440.25)
Maria Morris, City Clerk, provided an agenda report and read the title of the
ordinance.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously to adopt Ordinance No. 969, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT
PLAN 78-01, ORTEGA BUSINESS CENTER (ST. MARGARET'S EPISCOPAL
SCHOOL MASTER PLAN) (REZONE 06-06).
COUNCILMANIC ITEMS:
DISCUSSION REGARDING CLARITY AND TRANSPARENCY IN
CLOSED SESSION (610.85)
Council Comment:
• Concerned with recent closed session actions not being open/transparent to
the public after the decisions are made.
■ Felt that anything that is not required to be reported out after Closed Session
.should be looked at case by case and should only be disclosed if agreed by
the majority of the City Council.
■ Everything said in Closed Session is confidential, and should not be disclosed
unless agreed by the majority of the Council.
• Felt that Closed Sessions are followed per the Brown Act.
2.. DISCUSSION OF FEE WAIVERS FOR CERTAIN ENTERPRISES IN TOWN —
(390.30)
Council Comment:
■ Need to look at fees structure. Application fees are high and prevent for new
development to come to town.
■ Should look at providing fee waivers for a year or so to certain important
enterprises in town (i.e., auto dealers, hotels, Costo, and the Mission).
• Should look at land use and setting appropriate fees, not just fee waivers. Felt
that it's not appropriate to establish blanket fee waivers for certain existing
businesses in town.
9 3/16/2010
■ Need to make a priority to look into re -setting fees in order to compete with
surrounding jurisdictions in bringing certain businesses to town.
e Fee waivers should be looked at case by case.
3. DISCUSSION OF SOUTH ORANGE COUNTY AUTO GROUP SIGNAGE
MEETING AND POSSIBLE SIGN ORDINANCE CHANGES (410.60)
Council Comment:
Need to help the auto dealerships regarding signage and a monument sign
that would advertise the South Orange County Auto Group.
■ Cell antennas could be placed inside the auto sign.
Would be in favor of looking at sign regulations, but would not want to see a
billboard or big commercialization along the freeway, it needs to be unique
and within the City's character.
Council Member Nielsen would like to agendize to a future meeting issues with
the Northwest Open Space areas and the former Caretaker's property in
Camino Capistrano being use as a maintenance yard.
ADJOURNMENT:
There being no further business, Mayor Uso adjourned the meeting at 11:55 p.m. to
Wednesday, March 31, 2010 at 1:00 p.m. for a Long TermNision Strategic Plan; and
then to April 6, 2010 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the
public Business Session, in the City Council Chamber.
r Vu4Jc
MARIA MORRI bTY CER
Approved: April 6;
RVIRMA
DR. LONDRES USO, MAY R
10 3/16/2010