10-0921_CC_Minutes_Regular MeetingMINUTES
September 21, 2010
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Uso called the Regular Meeting of the City Council to order at
5:32 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Freese, and Mayor Dr. Londres 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 writ of mandate matter of Scalzo
vs. City of San Juan Capistrano.
c. Pursuant to Government Code Section 54956.8, the City Council met 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.
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 v. State of California Dept. of Transportation (Caltrans).
BUSINESS SESSION:
Mayor Uso called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:38 p.m. in the City Council Chamber.
Council Member Hribar led the Pledge of Allegiance and Mayor pro tem Freese gave
the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Freese, and Mayor Dr. Londres 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 the City and Chevron USA, Inc. have agreed in concept to
settlement deal points that will be used by legal counsel for use in drafting a final
settlement agreement; therefore, the scheduled Proposition 218 Public Hearing and
process, as well as consideration of the agendized MtBE surcharge Item E1, is
cancelled. The result of this action means that no additional water rate increase will be
imposed on San Juan Capistrano residents, and that discussions of any proposed
automatic pass-through for power costs will not be considered at this time.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ 9/11 Commemoration and Indigenous American Festival.
League of California Cities Conference.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen announced that the next Open Space Committee meeting had
discussions at their last meeting on September 13, 2010, regarding recommendations
of opening public accessibility, and a presentation regarding adding a water trough and
sitting area by the Open Space Foundation.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
■ San Juan Capistrano Farmer's Market.
■ Annual Creek Cleanup.
■ Habitat for Humanity dedication of final 18 units.
■ The Shea Center Family BBQ & Country Faire.
■ Multicultural Arts Series
■ The Great Western Grub Fest.
■ The Rotary Midge Run and Walk
■ 8 t Annual Barn Dance and Equestrian Fair.
INTRODUCTIONS AND PRESENTATIONS
LARRY THOMAS RECOGNIZED AS BUSINESS LEADER OF THE YEAR
(610.40)
Mayor Uso recognized Larry Thomas for his contribution to the business with the
Mayor's Award for 2010 Business Leader of the Year.
2 9/21/2010
2. GEORGE ARREOLA, MAINTENANCE WORKER II RECOGNIZED FOR
35 YEARS OF SERVICE (730.20)
Mayor Uso recognized George Arreola, Maintenance Worker II, for
35 years of service and presented him with a certificate of appreciation.
3. SIERRA CLUB GLOBAL WARMING COMMITTEE RECOGNIZED THE CITY
FOR PARTICIPATING IN THE JUICING ORANGE COUNTY SURVEY (610.40)
Diane Etchinson and Judy Jones, Sierra Club Global Warming Committee,
presented the City with an award of recognition certificate for participating in the
Juicing Orange County Survey.
4. SEPTEMBER 25, 2010, PROCLAIMED AS INNER -COASTAL WATERSHED
CLEANUP DAY (610.40)
Mayor Uso proclaimed September 25, 2010, as Inner -Coastal Watershed
Cleanup Day and presented a proclamation to Kathy Holman and the
Ortega 4H Rangers.
5. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Jim Mocalis, Planning Commission; Dave Solt, William
Bonney and Joanne Marques, Housing Advisory Committee; Larry Kramer,
Transportation Commission; Gerald Muir and Alberto Barrera, Youth Advisory
Board; and Teri Garza, Librarian.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening project.
■ Dave Solt, City resident, announced an upcoming Affordable Housing Public Forum
for South County Cities.
• Derek Reeve, City resident, expressed concern with discussions under
Closed Session regarding negotiations for the Serra Plaza property before the item
is discussed in a public open session. Omar Sandoval, City Attorney, clarified that
the City Council did have an open session related alternate to City Hall locations.
■ Jim Sorensen, City resident, spoke regarding excess salary, health and retirement
benefits for public employees; asked that the City Council take action on the matter;
and provided a handout to the City Council
• Adam Sands, Neighborhood Services of Orange County, provided a presentation of
launching a campaign against foreclosure scams.
■ Clint Worthington, City resident, expressed concern regarding possible Brown Act
violations; and spoke regarding a blog from Council Member Allevato with erroneous
information. Council Member Allevato made clarifications pertaining to the. blog.
Council Member Nielsen clarified that the City does not have an agreement with the
District Attorney's office because there were no Brown Act violations.
■ Teri Garza, Librarian, made a donation to the City of 500 surplus binder clips, and
invited the City Council and the public to as "Open House".
3 9/21/2010
■ Ian Smith, City resident, spoke regarding fire dangers from City owned land; stated
that solid waste collection fees should be increased per the agreement; expressed
concerns with lack of response of inquiries regarding petroleum lines close to his
residence; and concern with high water bills. Mayor Uso stated that the City Council
has been working diligently for years to settle with Chevron for the MtBE
contamination before the Proposition 218 hearing took place. Council Member
Nielsen made clarification regarding the rate increase taking place in July
instead of January.
■ Kim McCarthy, City resident, spoke regarding lack of support from the City Council
to use E -Verify for all businesses in the City; and expressed lack of support for
incumbents. Mayor Uso clarified that he proposed an E -Verify program for all
businesses in the City. Council Member Allevato stated that the E -Verify
program that was proposed by the Mayor was mandatory, but felt that the sanctions
would be hard to enforce, and instead opted for a volunteer program.
■ Sal Scarantino, City resident, expressed concern regarding high water rates; lack of
monitoring of City's meters; and felt that a ballot initiate is needed to cap water rates
to the level of surrounding communities.
■ Robert Lavacot, City resident, spoke regarding problems with over population of
crows in the landfill and the danger they impose on the City's swallows nests.
■ Geoffrey K. VonMuff, City resident, spoke regarding high water rates, and was glad
to see that the residents will not be charged for an MtBE surcharge.
■ Kim Lefner, City resident, felt that there is no evidence in the water budget that
shows a need to increase rates or implement an MtBE surcharge; and asked that
the City Council conduct an audit of the Ground Water Recovery Plant,
as is not producing the amount of water to pay for itself. Cindy Russell,
Chief Financial Officer/Treasurer, clarified that funds generated by water billing is
only used for water services delivery to the community.
■ Steve Behmerwold, City resident, spoke regarding the riding park Class 1 bikeway
trail improvements lack of striping paint, and spoke regarding lack of signage
and bike lanes on northbound Camino Capistrano and Calle Aeropuerto.
Council Member Nielsen asked to agendize issues of construction impacts to the
bike trails/paths; and asked that the City address the issues with the lack of paint to
complete the resurfacing project on Camino Capistrano and San Juan Creek Road.
Nasser Abbaszadeh, Public Works Director, stated that there's a statewide shortage
of thermoplastic paint, and should. receive the paint in 4-5 weeks. Mayor pro tem
Freese expressed concern, and stated that it was unacceptable. Mayor Uso,
stated that is a matter of public safety, and should look for a temporary solution.
Council Member Nielsen, asked the City Attorney look into the contract for possible
liquidated damages for lack of materials.
Richard Hill Adams, City Resident, expressed concern with over population of crows
in the landfill.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Freese,
and carried 4-0-1 with Council Member Allevato absent (stepped out of the Chamber) to
approve consent calendar items 1 through 10, 12, 17 and 18 as recommended by staff.
Motion to Read Ordinance by Title Only
4 9/21/2010
2.
CITY COUNCIL MINUTES — SPECIAL MEETING OF
AUGUST 3, 2010 (CLOSED SESSION), APPROVED
3.
CITY COUNCIL MINUTES — SPECIAL MEETING OF
SEPTEMBER 7, 2010 (CLOSED SESSION), APPROVED
4.
CITY COUNCIL MINUTES — REGULAR MEETING OF
SEPTEMBER 7, 2010, APPROVED
5.
CLAIM OF MADELINE LUDDY DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
6.
CLAIM OF DILLON LUDDY DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
7.
ACCOUNTS PAYABLE WARRANTS DATED AUGUST 26, 2010, IN THE
TOTAL AMOUNT OF $2,299,645.31; AND PAYROLL WARRANTS DATED
AUGUST 20, 2010, IN THE TOTAL AMOUNT OF $179,451.56, RECEIVED AND
FILED (300.30)
8.
REPORT OF INVESTMENTS — MONTH ENDING DECEMBER 31, 2009 AND
JUNE 30, 2010, RECEIVED AND FILED; AND CITY CLERK DIRECTED TO
FORWARD THE REPORT TO THE CALIFORNIA DEBT AND INVESTMENT
ADVISORY COMMISSION (350.30)
9.
REVISED ANNUAL UPDATE OF INVESTMENT POLICY FOR FISCAL YEAR
2010/11, APPROVED (350.30)
10.
BID AWARDED TO HUNTINGTON BEACH HONDA FOR A FULLY EQUIPPED
2010 HONDA ST 1300 POLICE MOTORCYCLE IN THE AMOUNT OF
$27,764.23 (350.30)
11. RESOLUTION NO. 10-09-21-01 ADOPTED APPROVING THE APPLICATION
FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR
USERS FOR CLASS I BIKEWAY AND EQUESTRIAN TRAIL IN THE CITY'S
EASTERN OPEN SPACE (940.45)
Nasser Abbaszadeh, Public Works Director, provided a staff report.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Nielsen, and carried 4-0-1 with Council Member Allevato absent
(stepped out of the Chamber) to adopt Resolution No. 10-09-21-01, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING THE APPLICATION FOR GRANT
FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR USERS FOR
CLASS I BIKEWAY AND EQUESTRIAN TRAIL IN THE CITY'S EASTERN
OPEN SPACE".
5 9/21/2010
ROLL CALL:
AYES: COUNCIL MEMBER: Hribar, Nielsen, Freese, and Mayor Uso
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato (stepped out of the Chamber)
12. COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE PARTICIPATION IN THE
TRABUCO CREEK HABITAT RESTORATION PLAN, APPROVED (600.50)
13. AGREEMENT FOR AFTERSCHOOL PROGRAM WITH THE BOYS & GIRLS
CLUBS OF CAPISTRANO VALLEY IN THE AMOUNT OF $78,058
FOR AFTERSCHOOL PROGRAMS FROM SEPTEMBER 21, 2010, THROUGH
JUNE 30, 2011, APPROVED (600.30)
Karen Crocker, Community Services Director, responded to questions.
Public Comments:
• James Littlejohn, Boys and Girls Clubs of Capistrano Valley, stated that the
program provides security for families, gang prevention, and felt that cutting
the program would only hurt the City's youth; and responded to question.
Council Comments:
• Supports the Boys & Girls Club, but felt that the City needs to treat all the
programs equally, and be fiscally responsible during hard economic times.
• Felt that the program provides preventative maintenance for a small
investment as the program keeps kids away from gangs.
• The City has previously reduced funding; felt that the program benefits the
City's youth; and important to preserve as prevention is less costly.
• Feltthat preventative measures are often set aside creating greater
problems later on; and expressed support for the program.
• Important to support the afterschool program during hard economic times,
and felt that the budget should be re -visited in order to increase to the
original funded amount.
• Need to have responsible development that will increase the City's revenue
in order to prevent reduction to programs that benefit the City.
Council Action: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese, and carried unanimously to approve an agreement for
afterschool program with the Boys & Girls Clubs of Capistrano Valley in the
amount of $78,058 for afterschool programs from September 21, 2010 through
June 30, 2011; and look for additional available funding during the mid -year
budget.
14. AMENDMENT NO. 1 FOR A SEVEN (7) MONTH EXTENSION TO
PERSONAL SERVICES AGREEMENT WITH SYNOPTEK, INC. IN THE
AMOUNT NOT TO EXCEED $17,972.50 PER MONTH, WITH THREE (3)
POSSIBLE EXTENSIONS EQUAL IN DURATION TO SIX MONTHS (6),
APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE
AGREEMENTS (600.30)
6 9/21/2010
Pooja Gupta, Technology Services Manager, , provided a staff report and
responded to questions.
Council Comments:
• Appreciated the reduction in the fees, but expressed preference in the City
requesting proposals for the services (RFP).
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Allevato, and carried 4-1 with Mayor pro tem Freese opposed to
approve Amendment No. 1 for Information Technology Management Services
with Synoptek for a seven (7) month extension in an amount not to exceed
$17,972.50 per month; and any additional extensions are to come back to the
City Council for approval.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen and Mayor Uso
NOES: COUNCIL MEMBER: Mayor pro tem Freese
ABSENT: COUNCIL MEMBER: None
15. 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 $55,903.64 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)
Pooja Gupta, Technology Services Manager, provided a staff report and
responded to questions.
Council Comments:
• Felt that the Service Level Agreement needs stronger liquidated damage
language added that would provide an adequate credit to the City if the
vendor is not able to meet his obligations.
7 9/21/2010
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve an 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 $55,903.64 for the third year; 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;
City Manager authorized to execute the agreements; and bring back to the
City Council an amendment to the Level Service Agreement.
16. PERSONAL SERVICES AGREEMENT WITH INFOSEND, INC. FOR PRINTING,
FOLDING, INSERTING, DESIGNING, AND MAILING SERVICES (600.30)
Pooja Gupta, Technology Services Manager, provided a staff report and
responded to questions.
Council Comments:
• Preference in the possibility of splitting the services in order to find local
vendors that can provide the services.
• Concurred with staff that there aren't any vendors available in the City.
• Should look into including information on how to register with the City
as a vendor in the City's business license renewals, inform the
Chamber of Commerce and send out an a -news blast (press release).
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Allevato, and carried unanimously to approve a Personal
Services Agreement with InfoSend, Inc. for printing, folding, inserting, designing,
and mailing services with three (3) possible extensions equal in duration to one
year, in the amount not to exceed $200,000 annually; and City Manager
authorized to execute the agreement.
17. PERSONAL SERVICES AGREEMENT WITH SOCAL PUMP & WELL
DRILLING, INC. IN THE AMOUNT OF $28,166.25 FOR CLEANING, VIDEOING,
AND REPLACEMENT OF THE PUMP AND COLUMN PIPE FOR THE
DANCE HALL WELL THAT SUPPLIES A PORTION OF THE WATER TO THE
GROUND WATER RECOVERY PLANT (600.30)
18. PERSONAL SERVICES AGREEMENT WITH
DRILLING, INC. IN THE AMOUNT OF $28,166.25
AND REPLACEMENT OF THE PUMP AND
CAPISTRANO VALLEY WATER DISTRICT NO.
PORTION OF THE WATER TO THE GROUND
(600.30)
SOCAL PUMP & WELL
FOR CLEANING, VIDEOING,
COLUMN PIPE FOR THE
1 WELL THAT SUPPLIES A
WATER RECOVERY PLANT
8 9/21/2010
19. AGREEMENT WITH MAINTSTAR, INC. FOR THE PURCHASE,
INSTALLATION, AND IMPLEMENTATION OF AN INTEGRATED
COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM (CMMS)
ITEM PULLED FROM THE AGENDA BY STAFF (600.30)
20. DISCUSSION OF SOLID WASTE FRANCHISE FEE CALCULATION
METHODOLOGY (600.50/810.20)
Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to
questions. Cindy Russell, Chief Financial Officer/Treasurer, responded to
questions.
Public Comments:
Clint Worthington, City resident, stated that the City is using the
wrong Producers Price Index (PPI) to calculate resident's rates;
spoke regarding lack of adjustment to fees for solid waste reduction; and
provided a handout to the City Council.
Dean Ruffridge, CR&R, stated that CR&R has used the correct calculation
methodology in their solid waste rates; stated that if a legal opinion was
rendered otherwise, CR&R would review and make any necessary changes;
and responded to questions from the City Council.
Kim Lefner, City resident, stated that the City should use the Producers Price
Index (PPI) from November 1 through October 31, as per contract; felt that
there should be a decrease in the rates based on recycling diversion; and
asked that the City perform an audit by an outside interest party.
Council Comments:
• Should look into the cost of conducting an audit to the Franchise Agreement
with CR&R.
Council Action: Moved by Mayor pro tem Freese, seconded by
Mayor Uso, and failed 3-2 with Council Member Allevato, Council Member
Hribar, and Council Member Nielsen opposed to direct staff to bring back to the
City Council the cost of conducting an audit to the CR&R Franchise Agreement.
ROLL CALL:
AYES: COUNCIL MEMBER: Mayor pro tem Freese and Mayor Uso
NOES: COUNCIL MEMBER: Allevato, Hribar and Nielsen
ABSENT: COUNCIL MEMBER: None
Council Action: Moved by
Council Member Allevato, and
back to the City' Council the
Franchise Agreement, and
conjunction with CR&R with a
Solid Waste & Recycling Tons
contract terms.
Council Member Nielsen, seconded by
carried unanimously to direct staff to bring
cost of conducting an audit to the CR&R
provide a presentation from staff in
clarification to the calculations in the 2007-08
Summary Report (December 2008) under the
0
9/21/2010
PUBLIC HEARINGS:
1. CONSIDERATION OF PROPOSED CHEVRON MTBE WATER COMMODITY
SURCHARGE AND AUTOMATIC PASS-THROUGH FOR POWER COSTS —
PUBLIC HEARING CANCELLED (1050.20)
Mayor Uso announced that the City and Chevron USA, Inc. have agreed in
concept to settlement deal points that will be used by legal counsel for use in
drafting a final settlement agreement; therefore, the scheduled Proposition 218
Public Hearing and process as well as consideration of the agendized MtBE
surcharge Item E1, is cancelled. The result of this action means that no
additional water rate increase will be imposed on San Juan Capistrano residents,
and that discussions of any proposed automatic pass-through for power costs will
not be considered at this time.
2. GENERAL PLAN AMENDMENT (GPA) 10-02; CODE AMENDMENT (CA) 10-01;
ESTABLISHING GENERAL PLAN POLICIES IN THE LAND USE AND
COMMUNITY DESIGN ELEMENTS, AMENDING THE ARCHITECTURAL
DESIGN GUIDELINES, AND AMENDING TITLE 9, LAND USE CODE
REGULATIONS FOR HOTELS AND MOTELS — CONTINUED TO
OCTOBERS, 2010 (440.25)
Public Correspondence:
• Robert Olson, Submitted a letter dated September 20, 2010, in support of
the proposed General Plan Amendment and Code Amendment.
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
Mayor Uso open the public hearing and invited testimony.
Public Testimony:
• Deirdree Hurd, City Resident, had questions regarding the maximum
allowable height for hotels, specifically the proposed Marriott Resident Inn,
adjacent to the Villa San Juan Mobilehome Park. Grant Taylor, Development
Services Director, responded to her questions, and invited her and her
neighbors to attend an upcoming Design Review Committee meeting on
October 7, 2010, that will be reviewing the Marriott Residence Inn's plans.
Council Comments:
• Need to move forward, but preference in better defining. what a hotel is;
need to bold all the words "maximum"; agree with one (1) parking space per
guest; and expressed importance in promoting economic development in
order to provide for all the needed services.
• Appropriate to bring back to Council a better definition of hotel; and
expressed preference in adding the following language to the General Plan:
"The normal commercial Floor Area Ratio (FAR) and height restriction of
35ft. is normally the maximum allowed, and increased FAR and height is
allowed only if the project is found to bring superior architectural quality that
benefits and enhances the surrounding community".
10 9/21/2010
Felt that developers need a starting point (benchmark) for FAR and height
restrictions.
Council Action: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese, and carried unanimously to continue the public hearing to
October 5, 2010, with an updated definition of "Hotel', and adding to the General
Plan language similar to: "The normal commercial Floor Area Ratio (FAR) and
height restriction of 35ft. is normally the maximum allowed, and increased FAR
and height is allowed only if the project is found to bring superior architectural
quality that benefits and enhances the surrounding community".
3. GENERAL PLAN HOUSING ELEMENT CONTINUED TO OCTOBER 19, 2010
(440.20)
Council Action: Moved by Mayor pro tem Freese, seconded by
Council Member Nielsen, and carried unanimously to continue the public hearing
to October 19, 2010.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. DEVELOPMENT SERVICES
a. DISCUSSION OF SIGNAGE AND COMMERCIAL VEHICLE WEIGHT
RESTRICTION FOR LOS RIOS STREET AREA (410.40/820.90)
Public Correspondence:
• Claudia and Allan Niccola, City residents, submitted a letter dated
September 19, 2010, suggesting that delivery trucks issue be resolve by
removing the rock barrier turnaround; addition of five additional speed
humps; and putting a "no thru traffic sign at Ramos Street and Del Obispo.
Teri Delcamp, Historic Preservation Manager, provided a staff report and
responded to questions.
Public Comments:
• Jeff Vasquez, City resident, expressed concerned with vehicle weight
restrictions; felt that the major issue with pedestrian safety is lack of visibility;
importance to enforce speed limits; concerned with circulation if limited to a
"one-way" street; and preference in keeping the old wooden sign on
Del Obispo by the train tracks; and responded to questions from the
City Council.
• John Taylor, City resident, thanked the City Council for fixing the trash truck
pick-up times; expressed preference in restricting delivery trucks over 6 tons
to Mondays through Fridays before 9 am only, using the turn -around at the
Los Rios Park for emergency deliveries and weekends; felt that the brick
used in the entry plaza cannot hold delivery truck weight; and.preference in
not having a one-way street.
11 9/21/2010
Richelle Rowland, City resident, expressed preference in maintaining the
street open to vehicular access; proposed signs will help direct traffic
properly, and felt speed bumps should be raised higher.
Council Comments:
• Suggested allowing truck deliveries only before 8 am or 9 am; and important
to do law enforcement, especially the first few months of enforcement.
• Felt that it was most important to have local traffic only, and installing
"no public parking" signs on Paseo Adelanto, for safety reasons; and
preference in having no trucks deliveries over 6 tons after 9 am, depending
on the time businesses open in the morning; and supported the rest of the
signs, and a monument sign at the end of Los Rios Street.
• Preference in having a delivery time restriction; did not support restricting by
the vehicles ton size, as it would be too complicated; and encourage to raise
the height of the speed humps.
• Expressed preference in restricting the delivery times only; need to prioritize
"local traffic only" and "no parking" signs on Paseo Adelanto, in order to
better direct tourists; should look at the speed humps to make sure that the
height is appropriate; need to make signage at Del Obispo and
Paseo Adelanto providing clear direction of the Los Rios Park parking
entrance; and expressed preference in not replacing the wooden signs with
modern signs, as it lacks authenticity and character.
• Concurred with no weekend deliveries, and restricting weekday deliveries to
a time that's appropriate to the merchants; supported the proposed signs;
and felt. that the current speed humps should moved from the
turn -around intersection area.
• Requested staff to look into any provisions in restricting the delivery times for
Fed Ex and UPS.
Council Action: Moved by Mayor pro tem Freese, seconded by
Council Member Hribar, and carried unanimously to receive and file information
regarding changes in the trash collection schedule and input received from
businesses on Los Rios Street; staff directed to implement the proposed signing
and miscellaneous enhancements intended to lessen vehicular traffic, including a
prohibition of no weekend deliveries, and no deliveries on the weekdays after
9:00 a.m.; and keep both old funky signs located at the end of Verdugo Street
and Del Obispo Street/Los Rios Street.
b. CONSIDERATION OF LICENSE AGREEMENT TERMS FOR THE USE
OF THE JOEL CONGDON HOUSE AT 32701 ALIPAZ STREET
(THE ECOLOGY CENTER) — CONTINUED TO OCTOBER 5, 2010 (600.30)
Public Correspondence:
• Evan Marks, The Ecology Center, submitted an e-mail dated
September 20, 2010, requesting that the item be continued in order to further
review the License Agreement with staff.
• Joe Soto, CREER Comunidad y Familia, submitted a letter dated September
18, 2010, asking that the City Council use the same criteria and standards
applied with the CREER Comunidad y Familia License Agreement.
12 9/21/2010
Mayor pro tem Freese recused herself due to being a past Ecology Center Board
Member.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Nielsen, and carried 4-1 with Mayor pro tem Freese recused to
continue the item to meeting of October 5, 2010.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor pro tem Freese
C. DISCUSSION OF ALTERNATIVES FOR PARRA ADOBE REPAIR AND SALE
OF PARRA ADOBE/HARRISON HOUSE PROPERTY (CIP NOS. 07402, 07405,
07407) (910.50/670.60)
Teri Delcamp, Historic Preservation Manager, provided a staff report and
responded to questions.
Council Comments:
• Preference in pursuing any interest in the purchase of the
Harrison House/Parra Adobe property, and doing the minimum cost in the
stabilization work necessary; need to look at other funding opportunities
before relinquishing the grant funds.
• Felt that the minimal stabilization work could be performed while pursuing an
appropriate buyer; and do a full restoration while the property is in escrow, in
order to recuperate funds after the sale becomes final.
• Did not support the conditions in the grant; felt that the property is in a poor
location that lacks proper ingress/egress; and concurred with spending four
(4) to six (6) months in finding a buyer, and recuperate restoration funds.
• Suggested that the property be available with a first right refusal for purchase
to the Capistrano Indian Council, as they have used the property for many
years to hold their monthly meetings and provide classes to the public.
Council Action: Moved by Council Member Hribar, seconded by
Mayor pro tem Freese, and carried unanimously to direct Chief Financial Officer
to evaluate methods for divesting ownership of the Harrison House/Parra Adobe
property that ensure its continued preservation, and bring recommendations back
to the City Council; move forward for three (3) to six (6) months without spending
any funds, and if property is not divested, staff is to bring, back to the
City Council for consideration of minimal structural stabilization work; bring back
bids for approval to temporarily encapsulate/"mothball" adobe; pursue any
alternative funding sources that would relieve the City's obligations under the
grant; and provide the first right of refusal to the Capistrano Indian Council, but
pursue sale to any purchaser willing to buy property.
13 9/21/2010
G2 CITY MANAGER
a. 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 (530.40/600.30)
Public Correspondence:
• Kim Lefner, City resident, submitted an e-mail dated September 17, 2010,
expressing opposition to double -tracking down to Oso Road.
Cindy Russell, Chief Financial Officer/Treasurer, provided a staff report and
responded to questions.
Public Comments:
• Clint Worthington, City resident, asked the City Council for the dollar amount
that Continuing Life Communities (CLC) will indemnify the City for the quiete
zone liability. Mayor pro tem Freese responded that the Ad -Hoc
Subcommittee does not have the information at this time; and clarified that at
the last Ad -Hoc Subcommittee meeting with Orange County Transportation
Authority (OCTA) the discussion was regarding an at -grade rail crossing and
siding, and not quiete zones.
• Kim Lefner, City resident, expressed opposition in allowing a siding or an
additional main railroad track; and felt that the City Council should not
facilitate double tracking in order to accommodate the developer.
Council Comments:
• Clarified that the siding would end at the Trabuco Creek railway bridge north
of Oso Road, before the creek crossing; and outside of any development
area; and stated that the renewed Measure M plan, the amount of trains
planned to be doubled, but from the Laguna Niguel station north, and not into
San Juan Capistrano; need to be mindful of the alternative transportation
versus building additional freeways, and is up to the City Council and the
residents to decide to support public transportation or not, in order to reduce
traffic; and believed that the Orange County Transportation Authority (OCTA)
has the right to add double -tracking in their right-of-way.
• Stated that OCTA is aware of the City's sensitivity of the area; the
Ad -Hoc subcommittee is requesting that OCTA provide in writing their
commitment to never add double -tracking through the downtown, and their
definition of downtown; OCTA have agreed not to add double -tracking south
of Trabuco Creek Bridge, and to provide this acknowledgement in writing,
and approved by appropriate parties; and stated that is helpful to have the
City of San Clemente share the same concerns.
• Supports the Ad -Hoc Subcommittee's proposal, and expressed support for
the CLC project and double -tracking.
• Express lack of support for double tracking, and felt that the issue is about
siding that would not go beyond Trabuco Creek Bridge; by allowing the
siding north of Trabuco Creek Bridge will provide the ability to better utilize
the Laguna Niguel Station, and improve the utilization of the transit system;
and felt that the impact to the community is minimal compared to the
benefits.
14 9/21/2010
• Felt that if approved the City could end up at some point in time with
double -tracking through town, and could not support.
Council Motion: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried 4-1 with Mayor Uso opposed to direct the
Ad -Hoc Subcommittee to pursue with Orange County Transportation Authority
(OCTA) a Memorandum of Understanding (MOU) to include the following
concepts:
• A siding will be supported by the City from the north City limit only to
Trabuco Creek Bridge;
• There would be a transition zone from Trabuco Creek Bridge north such
as that the siding would transition into the single rail before
reaching the Trabuco Creek Bridge;
• OCTA would agree not to pursue any additional sidings now or in the
future south of Oso Road;
• The siding would be used for the passing of trains only and not
for parking trains; and
support a public crossing specific to the CLC project, including an agreement
with CLC that they will be responsible for all liability and costs involving liability
insurance; based on OCTA providing in writing a voted upon policy of not
double -tracking through downtown, and provide a definition of downtown.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor pro tem
Freese
NOES: COUNCIL MEMBER: Mayor Uso
ABSENT: COUNCIL MEMBER: None
b. CONSIDERATION OF PERSONAL SERVICES SELECTION AND
PURCHASING GUIDELINES — ITEM TO BE CONTINUED TO
OCTOBER 5, 2010 (370.50/610.30)
ORDINANCES: None
COUNCILMANIC ITEMS:
Council Member Hribar asked to agendize an item to re -visit the in -lieu fee obligations
for the Distrito La Novia project. Majority of the City Council did not agree to agendize.
Council Member Nielsen asked to agendize on October 19, 2010, that an item be
agendized for consideration of the Open Space Committee and transition of the
Open Space Committee in reaching a five year completion of work. Majority of the
City Council agreed to agendize.
Council Member Nielsen asked to agendize an item regarding staffing compensation
and benefits posted to the City's website. Joe Tait, City Manager, stated that the City
is working on this matter; informed that salary schedules have been posted on
the City's website since 2007, and will convert the salary schedules into
actual compensation schedules. Mayor Uso asked that the City Council be provided
with the OCERS report pertaining to unfunded retirement liability. Council Member
Allevato asked to also provide medical retirement liability, and felt that a message
should go out, that the City does not pay 100% of retiree medical.
15 9/21/2010
ADJOURNMENT:
There being no further business, Mayor Uso adjourned the meeting at
12:07 a.m. to October 5, 2010 at 5:30 p.m. for Closed Session and
6:30 p.m. for the public Business Session; and then to October 6, 2010, at 5:00 p.m. for
an Adjourned Regular meeting (Distrito La Novia/San Juan Meadows Project) in the
City Council Chamber.
Approved: October 5, 201,0
ATTEST:
DR. LONDRES USO, MA
16 9/21/2010