10-1019_CC_Minutes_Regular MeetingMINUTES
October 19, 2010
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: None
BUSINESS SESSION:
Mayor Uso called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:48 p.m. in the City Council Chamber. Council
Member Hribar led the Pledge of Allegiance and Council Member Allevato gave the
invocation.
Mayor Uso dedicated the meeting to the memory of Corporal Jorge Villarreal, Jr. a
member of the City's adopted 1/11 Marine, who was killed during combat operations in
Afghanistan.
:s �1
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.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ Reported that the Toll Road Agency is entering FastTrack users into a drawing for
$1,000 worth of tolls.
■ Basin Authority meeting.
■ Announced that a City Flag was given to Sgt. Morales, who purchased a Habitat for
Humanity home in the City. Sgt. Morales will take the City Flag and fly it over their
camp in Afghanistan, and will return back to the City to fly it with great pride.
OPEN SPACE COMMITTEE REPORT: None
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Cynthia Alexander, Community Services Manager, announced the following upcoming
communitywide events:
■ "Farmer's Market".
"Murder by the Mission" a Murder Mystery Dinner presented by Sardcci's
Restaurant.
■ "Day of the Dead", hosted by the Library.
■ 1s� Annual "Spook-Tacular", hosted by the Youth Advisory Board.
■ "Pirates of Penzance" a play presented by The Camino Real Playhouse.
■ "The Ghost & Legends Tour", hosted by the Historical Society.
INTRODUCTIONS AND PRESENTATIONS
PEGGY NUNES, VOLUNTEER COORDINATOR RECOGNIZED FOR
15 YEARS OF SERVICE (730.90)
Mayor Uso recognized Peggy Nunes, Volunteer Coordinator, for
15 years of service, and presented her with a certificate of appreciation.
2. CONGRATULATORY PRESENTATIONS FOR CHRISTY JAKL, DEPUTY CITY
CLERK, AND LORI FUENTES, ADMINISTRATIVE COORDINATOR (730.90)
Mayor Uso congratulated Christy Jakl, Deputy City Clerk, and Lori Fuentes,
Administrative Coordinator who recently had babies.
3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE; Larry Kramer, Transportation Commission; Gerald Muir and
Alberta Barrera, Youth Advisory Board; Mary Ellen West, San Juan Seniors;
,Jess Lopez, Housing Advisory Committee; Dan Merkle, Utilities Commission; Jill
Hanna and Gail Zukow, Parks, Recreation and Equestrian Commission, Peggy
Nunes, Volunteer Coordinator; and recognized all the Associated Senior Action
Program (ASAP) members.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency'
■ Francisco Marmolejo, OC Human Relations, presented the City Council with their
2009-10 Annual Report; and explained services provided by their organization.
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening project.
■ Jim Sorensen, City resident, spoke regarding implications and solution for structural
deficit; and provided a handout to the City Council.
Cary Brockman, Capistrano Unified School District, spoke regarding potential
traffic and noise impacts to the San Juan Hill Elementary School from the proposed
Plaza Banderas Hotel project.
■ Jim Carter, American Horse Products owner, suggested converting open lands into
staging areas in order to generate revenue for the City.
Kim McCarthy, City resident, asked the City Council not to approve the
letter of endorsement for the Camino Capistrano Health Center, and
provided a handout to the City Council.
■ Tony Brown, City resident, spoke in opposition of the City Council approving a letter
of endorsement for the Camino Capistrano Health Center.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously to approve consent calendar items 1, 2 and 4,
through 8 as recommended by staff.
Motion to Read Ordinance by Title Only
2 10/1912010
2. CITY COUNCIL MINUTES _ REGULAR MEETING OF
OCTOBER 5, 2010, APPROVED AS SUBMITTED.
3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
OCTOBER 6, 2010 (DISTRITO LA NOVIA/SAN JUAN MEADOWS PROJECT),
APPROVED AS SUBMITTED
Council Comments:
Confirmed the reduction of 10 units either from the condominiums or the
apartments; and 50% reduction of office space, which could be used for
retail and service, but not to be added back for retail or services.
Council Motion: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried unanimously to approve the adjourned
regular meeting minutes of October 6, 2010.
4. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 23, 2010, IN THE
AMOUNT OF $3,428,042.78; AND PAYROLL WARRANTS DATED
SEPTEMBER 23, 2010, IN THE AMOUNT OF $178,755.51, RECEIVED AND
FILED (300.30)
5. REPORT OF INVESTMENTS DATED JULY 2010, RECEIVED AND FILED
(350.30)
6. CLAIM OF ECOLOGY AUTO PARTS DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
7. QUARTERLY REPORT BY FEDERAUSTATE LOBBYISTS — TOWNSEND
PUBLIC AFFAIRS, INC.; RECEIVED AND FILED (660.50)
8. RESOLUTION NO. 10-10-20-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING "BUSINESS FRIENDLY PRINCIPLES AS PART
OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC
GROWTH STRATEGY (140.10)
9. RESOLUTION NO 10-10-19-03 ADOP TED ENTITLED `°A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING NO PARKING EXCEPT BY PERMIT, 3:00 A.M.
TO 6:00 A.M. ON THE WEST SIDE OF EL CAMINO REAL NORTH OF
ACJACHEMA STREET (570.30)
Alan Oswald, Senior Traffic Engineer, and Lt. Dwyer, Chief of Police Services,
responded to questions.
3 10/19/2010
Public Comments:
• Orrie Brown, City resident, stated that EI Camino Real has the same
vehicles parked overnight which get moved before they reach 72 hours in
order to avoid being towed; expressed preference in not opening up the
Library's parking lot for overnight parking; and responded to questions from
the City Council.
Council Comments:
• Preference in not restricting parking, as it creates impact to residents, and
visitors; felt that it creates pressure in other neighborhoods; and should look
into allowing overnight parking in the Library's parking lot.
• Expressed support for establishing a "no parking from 3 am — 6 am" as long
as there is a parking by permit program elsewhere, in order not to impact the
adjacent neighborhoods. The Library has issues with overnight parking.
• Preference in a "no parking from 3 am — 6 am except by parking permit", in
order to allow parking for residents in the area., as the Library does not need
parking during the hours of 3 am through 6 am.
• Concern that people will park in other adjacent neighborhoods if not allowed
to park with a parking permit; and suggested towing cars that are parked
over 72 hours.
Council Motion: Moved by Council Member Nielsen, seconded by
Council Member Allevato, and carried 3-2 with Council Member Hribar and
Mayor pro tem Freese to adopt RESOLUTION NO. 10-10-19-02 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING NO PARKING EXCEPT BY
PERMIT, 3:00 A.M. TO 6:00 A.M. ON THE WEST SIDE OF EL CAMINO REAL
NORTH OF ACJACHEMA STREET"
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Nielsen, and Mayor Uso
NOES: COUNCIL MEMBER: Hribar, and Mayor pro tem Freese
ABSENT: COUNCIL MEMBER: None
10. NEW CIP PROJECT 11109 FOR CAMINO LACOUAGUE SIDEWALK FOR
$350,000, APPROVED AND $350,000 TRANSFERRED FROM CIP 11108,
RANCHO VIEJO REHABILITATION; AND NEW CIP PROJECT 11805 FOR
WATER AND SEWER LINES AT ORTEGA HIGHWAY/DEL OBISPOII-5
FREEWAY INTERCHANGE, APPROVED AND $205,000 TRANSFERRED
FROM CIP PROJECT 11803, ANNUAL ASSET REPLACEMENT (WATER) AND
$205,000 FROM CIP PROJECT 11701, ANNUAL SEWER REPLACEMENT
PROGRAM (330.40)
Mayor Uso resused himself due to the close proximity to his residence.
Mayor pro tem Freese took control of the meeting.
Nasser Abbaszadeh, Public Works Director, responded to questions.
4 10/19/2010
Public Comments:
• Dr. Londres Uso, City resident, felt that most surrounding residents are
opposed to a sidewalk on Camino Lacougue, and asked the City Council to
re -consider the project.
• Jim Verbeerst, City resident, expressed concern with Capistrano Unified
School District not fulfilling their promise not to allow Camino Lacougue to
become a drop-off point for San Juan Hills High School.
Council Comments:
• Felt that prohibiting Camino Lacougue as a drop-off point is the purview of
the Capistrano Unified School District, and not the City; the sidewalk would
provide a safe area for kids to walk, rather than walking in the street.
• Need to make sure that the kids are safe.
• Need to make sure that there are sufficient funds for the Rancho Viejo
Rehabilitation project, before funds are spent on the Lacouague sidewalk.
• Preference in not approving the total project budget for the water and sewer
lines at Ortega Highway/Del Obispo/1-5 Freeway Interchange until receiving
confirmation that Caltrans will reimburse the City.
1 sc Council Motion: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried 4-0-1 with Mayor Uso recused to approve
new CIP 11109 for the Camino Lacouague sidewalk, and $350,000 transferred
from CIP 11108 (Rancho Mission Viejo Rehabilitation).
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AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor pro tem
Freese
NOES: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor Uso
2`1 Council Motion: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried 4-0-1 with Mayor Uso recused to approve
new CIP 11805 for water and sewer lines at Ortega Highway/Del Obispo/
1-5 Freeway Interchange, and $205,000 transferred from CIP project 11803
(Annual Water Asset Replacement), and $205,000 transferred from CIP 11701
(Annual Sewer Replacement Program), and staff is to first identify any
easements, and if there are easements, obtain Caltrans commitment to cover the
cost of the fees of any work over the easements.
ROLL CALL.-
AYES:
ALL:AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor pro tem
Freese
NOES: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor Uso
5 10/19/2010
11. RESOLUTION NO. 10-10-19-03 ADOPTED INITIATING GENERAL PLAN
AMENDMENT (GPA) 10-03, AMENDING THE GENERAL PLAN
CONSERVATION & OPEN SPACE ELEMENT TO INCORPORATE
ADDITIONAL POLICIES PURSUANT TO THE REGIONAL PERMIT ISSUED BY
THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (RWQCB)
(440.25)
Bill Ramsey, Principal Planner and Ziad Mazboudi, Senior Civil Engineer,
responded to questions.
Council Motion: Moved by Council Member Allevato, seconded by
Council Member Nielsen, and carried unanimously to adopt RESOLUTION NO.
10-10-19-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING GENERAL PLAN
AMENDMENT (GPA) 10-03, AMENDING THE GENERAL PLAN
CONSERVATION & OPEN SPACE ELEMENT TO INCORPORATE
ADDITIONAL POLICIES PURSUANT TO THE REGIONAL PERMIT ISSUED BY
THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (RWQCB)"
12. CONSIDERATION OF SUBMITTING A LETTER OF ENDORSEMENT FOR THE
CAMINO HEALTH CARE CENTER W CONTINUED TO NOVEMBER 2, 2010
(560.80)
Mayor Uso recused himself due to owning a portion of the Camino Health Care
Center building. Mayor pro tem Freese took control of the meeting.
Cathy Salcedo, Executive Services Manager, responded to questions.
Council Comments:
• Preference in continuing the item to the next meeting, in order to have the
requestor available to respond to questions.
Council Motion: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried 4-0-1 with Mayor Uso recused to continue
the item to the November 2, 2010, meeting.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor pro tem
Freese
NOES: COUNCIL MEMBER. None
RECUSED: COUNCIL MEMBER: Mayor Uso
6 10/19/2010
PUBLIC HEARINGS:
RESOLUTION NO. 10-10-19-04 ADOPTED APPROVING A ONE-YEAR TIME
EXTENSION FOR CC MCCARY HOUSE ADDITION — SITE PLAN REVIEW
09-001 (EWING) (410.50)
Teri Delcamp, Historic Preservation Manager, responded to questions.
Mayor Uso opened the public hearing and invited testimony.
Public Testimony:
• Marla Entwistle, City resident, felt that a minor exception of 1.8 % makes a
difference in the Mission Flat area; and asked the City Council to take into
consideration the impact to the neighborhood.
• David Ewing, applicant, asked the City Council to grant the time extension
due to financial hardship.
Mayor Uso closed the public hearing.
Council Action: Moved by . Council Member Nielsen, seconded by
Council Member Allevato, and carried unanimously to adopt RESOLUTION NO.
10-10-19-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A TIME
EXTENSION FOR TWELVE (12) MONTHS SITE PLAN REVIEW 09-001 AND
MINOR EXCEPTION LOCATED AT 31501 LA MATANZA STREET
(APN: 124-203-43) (CC MCCARY HOUSE ADDITION) (DAVID & REAGAN
EWING)
2. RESOLUTION NO. 10-10-19-05 ADOPTED APPROVING A REVISED
GENERAL, PIAN ELEMENT (440.20)
Steve Apple, Deputy City Manager, provided a staff report and responded to
questions. Michael McLaughlin, SourcePoint, responded to questions.
Mayor Uso opened the public hearing and invited testimony. No public testimony
was provided. Mayor Uso closed the public hearing.
Council Comments:
• Suggested reducing the size of the General Plan Element in the future.
Council Action: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried unanimously to adopt RESOLUTION NO.
10-10-19-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE ISSUANCE OF
A NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT, A REVISED HOUSING ELEMENT TO THE GENERAL PLAN"
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
7 10/19/2010
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. STATUS UPDATE FROM THE CAPISTRANO ORGANIZATIONAL REVIEW
EFFORT (CORE) TEAM PHASE 2, RECEIVE AND FILE (700.10)
Public Correspondence:
• Alan Oswald, Pooja Gupta, and William Ramsey, Management &
Professional Employees Association, and Joe Mankawich, Lindsey Mannan,
and Norma Hoover, Classified Employees Association, submitted a letter on
October 18, 2010, asking for an in-depth cost analysis of the actual cost
savings, prior to any organizational changes involving out -sourcing.
Cathy Salcedo, Executive Services Manager, provided an update, and
responded to questions.
Public Comments:
• Mike Gaskins, City Employees Associates, read the letter provided to the
Council from the Management & Professional Employees Association and
Classified Employees Association, asking that the City Council request an
in-depth cost analysis of the actual cost savings, prior to any organizational
changes involving out -sourcing.
Council Comments:
• Important to have an in-depth cost analysis of the actual cost savings prior to
moving forward with any changes involving out -sourcing, and need
to take level of service into consideration, as the public is used to receiving
good service; should look into the possibility of combining jobs/functions; and
look into adding a Public Land Manager position sooner than later.
• Should look into sending out within 30 days a Request for Quotes (RFQ) for
Payroll/Vendor Payments in order to know options, and costs as part of the
cost analysis, and to better understand the job functions, and to know what
percentage of the job functions can be provided through out -sourcing;
essential to move fairly quickly in finalizing what the plan will be, in order to
be fair to staff; clarified that is not only about making cuffs, but looking at an
appropriate restructure going forward, not only in out -sourcing, but look
at what services can be done in-house, that are out -sourced at
this time; clarified that combine jobs/duties will only receive one salary;
requested a City Attorney cost analysis; and to look into adding
the position of Public Lands Manager.
• Felt that it's important to do an in-depth cost analysis, but need to be able to
provide good services at the best price; preference prioritizing, including in
the 1St Phase: Traffic Engineering, Historic Preservation, Payroll/Vendor
Payments, Grant Writing, Graffiti Removal, and Cade Enforcement.
2"d Phase: Administrative Assistant, Engineering. 3`d Phase: Environmental
Regulatory Compliance/Specialized Inspections, and Housing.
8 10/19/2010
• Preference into looking at out -sourcing the following as a priority:
Traffic Engineering, Historic Preservation, Payroll/Vendor Payments,
Grant Writing, Graffiti Removal, and Code Enforcement; not interested in
out -sourcing Environmental Regulatory Compliance/Specialized Inspections,
or engineering at this time; and should look into adding a new position for
Public Lands Manager in the next year or sooner.
• Need to take into consideration the City's uniqueness, and be sensitive to
the specific needs by finding the right combination of what will work best for
the City at the best price.
b. DISCUSSION OF INDEPENDENT AUDIT OF SOLID WASTE COLLECTION
RATE — ANNUAL ADJUSTMENT COMPUTATION (810.20)
Cindy Russell, Chief Financial Officer/Treasurer, responded to questions.
Council Motion: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and 4-1 with Mayor Uso opposed to not move forward
with conducting an audit.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor pro tem
Freese
NOES: COUNCIL MEMBER: Mayor Uso
ABSENT: COUNCIL MEMBER: None
C. AGREEMENT WITH THE SAN JUAN CAPISTRANO CHAMBER OF
COMMERCE FOR VISITOR INFORMATION SERVICES FOR FY 2010-2011,
APPROVED (600.30)
Cindy Russell, Chief Financial Officer/Treasurer, and responded to questions.
Public Comments:
• Mark Bodenhamer, Chamber of Commerce, asked that the City Council
make a change to the agreement which would allow for the State of the City
event to be held during breakfast, lunch or dinner.
Council Motion: Moved by Council Member Hribar, seconded by
Council Member Nielsen, and carried 4-0-1 with Mayor Uso absent (Stepped out
of the Council Chamber) unanimously to approve an agreement with the San
Juan Capistrano Chamber of Commerce for visitor information services for FY
2010-2011 in the amount of $25,000 and the use of the TJ Meadows Building
located at 31421 La Matanza at a rate of $935 per month; with change to the
agreement Section 3. to include State of the City Breakfast, Luncheon, or Dinner.
ROLL CALL:
AYES:
COUNCIL MEMBER:
Freese
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER
Chamber)
Allevato, Hribar, Nielsen, and Mayor pro tem
None
Mayor Uso (Stepped out of the Council
9 10/19/2010
G2. DEVELOPMENT SERVICES
a. DISCUSSION OF PROPOSALS BY THE OPEN SPACE FOUNDATION TO
CONSTRUCT TRAIT -.-RELATED IMPROVEMENTS ON A PORTION OF THE
2C RANCH PROPERTY AND CONSTRUCT A MULTI -USE STAGING AREA
ON THE NORTHWEST OPEN SPACE (700.10)
Council Member Nielsen recused himself due to sitting in the Open Space
Foundation Board.
William Ramsey, Principal Planner, provided a staff report and responded to
questions.
Public Comments:
• Brad Gates, Open Space Foundation, provided information related to their
proposed improvements, and asked that the City install the water supply line
and provide water for the Morse trough; and responded questions from the
City Council. Mayor Uso, asked the possibility of allowing an interested
Boy Scout to install the water trough, as an eagle scout project.
• Diane Carter, American Horse Products owner, spoke regarding the
importance of a staging area, and having adequate room for different size
trailers to turn and park.
• Gail Zuow, Parks, Recreation and Equestrian Commission; requested that
the item be presented to the Parks, Recreation and Equestrian Commission.
• Adam Maywhort, City resident, spoke regarding importance to consider
adequate space for the staging area during the designing process, and have
with proper signage that restricts certain area for equestrian parking.
• Renee Ritchie, Open Space Committee Member, stated that a lot of time
was spent in researching the staging area.
Council Comments:
• Felt that the City should look into making improvements in their open space
in order for the public to enjoy; and partner with private organizations in
hopes of receiving funding opportunities.
• Felt that the project is fantastic, but preference in having the City's cost
before making a final decision.
• Need to be clear that the staging area will have a separate Morse trailers
area from single vehicles (general purpose); supported the item going to the
Parks, Recreation & Equestrian Commission for their input.
• Council Direction to forward the item to the Parks, Recreation and
Equestrian Commission for their review, and bring it back to the City Council
with the costs of extending an existing potable waterline to the location of the
proposed watering trough.
10 10/19/2010
b. DISCUSSION OF PARRA ADOBE WEATHERIZATION PLAN AND
PROCEDURES (CIP NOS 07402, 07405, 07407) (910.50)
Teri Delcamp, Historic Preservation Manager, responded to questions.
Council Motion: Moved by Council Member Hribar, seconded by
Council Member Nielsen, and carried unanimously to authorize staff to move
forward with the planned weatherization procedures utilizing existing budgeted
CIP Funds.
C. LICENSE AGREEMENT FOR USE OF THE JOEL CONGDON HOUSE BY THE
ECOLOGY CENTER, APPROVED (600.30)
Public Correspondence:
• Jim Reardon, City resident, submitted an e-mail dated October 18, 2010,
urging the City Council not to renew the License Agreement.
Teri Delcamp, Historic Preservation Manager, provided a staff report and
responded to questions.
Public Comments:
• Ken Friess, The Ecology Center Board of Directors, provided a brief history
of the property; spoke regarding the benefits of The Ecology Center to the
community; and asked that the City Council continue the License Agreement
and reconsider the monthly rate amount for the last two years of agreement.
• Kate Roberts, The Ecology Center Board of Directors, felt that The Ecology
Center is a great fit for the location; understood that the City needs to be
consistent on how they treat the non-profit organizations in the City;
and asked for a re -consideration of the monthly rate amount for the
last two years of the agreement.
• Harry Helling, The Ecology Center Board of Directors, spoke regarding
accomplishments made by The Ecology Center; and asked for the
continuation of the License Agreement and to reconsider the monthly rate
amount for the last two years of the agreement.
• Evan Marks, Executive Director of The Ecology Center, spoke regarding the
educational benefits "provided to the community, and the improvements
made to the property; and asked for the continuation of the
License Agreement and to reconsider the monthly rate amount for the last
two years of the agreement.
Council Comments:
• Felt that The Ecology Center maintains the property very well, and is an
excellent use for the location, but concern with treating other non-profit
organizations differently by having them pay fair market rate; and felt that the
City Council should revisit the License Agreement with CREER.
11 10/19/2010
• Felt that the City has many non-profit organizations that provide different
services to the community, but The Ecology Center is different in the sense
that they have made improvements to the property, therefore, an offset to the
rent should be applicable; and should look into bringing back to the
City Council a policy that addresses how to deal with public properties and
non-profit organizations, and look into other considerations such as the
benefit to the community rather than just using "fair market rate".
• Expressed support for The Ecology Center's educational conservation
efforts, but felt that it would be fair to revisit the agreement with CREEK; and
not in favor in reducing the monthly rate at this time.
• Felt that it was unfair to compare the License Agreements between The
Ecology Center and CREEK; felt that improvements made to the property by
The Ecology Center's, and storage of furniture in the property should offset
the monthly rate.
• Important to have defined polices that provide guidance in how to deal with
City owned properties; preference in helping out new non-profit organizations
that provide community benefit at the beginning, but at some point they need
to start paying for itself.
Council Motion: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese and motion failed 2-3 with Council Member Allevato,
Council Member Hribar, and Mayor Uso opposed to approve a
License Agreement with The Ecology Center for the use of the Joel Congdon
House and surrounding grounds at 32701 Alipaz Street for a five year term at a
rate of $100 per month during the first year, $200 per month during the second
year, $300 per month during the third year, $500 per month during the fourth
year, and $750 per month during the fifth year.
ROLL CALL:
AYES: COUNCIL MEMBER: Nielsen, and Mayor pro tem Freese
NOES: COUNCIL MEMBER: Allevato, Hribar, and Mayor Uso
ABSENT: COUNCIL MEMBER: None
Council Motion: Moved by Council Member Allevato, seconded by
Council Member Nielsen and carried 4-1 with Mayor pro Tem Freese opposed to
approve a License Agreement with The Ecology Center for the use of the
Joel Congdon House and surrounding grounds at 32701 Alipaz Street for a five
year term at a rate of $100 per month during the first year, $200 per month
during the second year, $300 per month during the third year, $1,000 per month
during the fourth year, and $1,000 per month during the fifth year.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen and Mayor Uso
NOES: COUNCIL MEMBER: Mayor pro tem Freese
ABSENT: COUNCIL MEMBER: None
12 10/19/2010
ORDINANCES:
ORDINANCE NO. 973 ADOPTED ADOPTING THE NEGATIVE DECLARATION
AND APPROVING CODE AMENDMENT (CA) 10-01 --- HOTELS AND MOTELS
(460.30)
Maria Morris, City Clerk, read the title of the ordinance.
Council Motion: Moved by Mayor pro tem Freese, seconded by
Council Member Allevato, and carried unanimously to adopt Ordinance No. 973
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING CODE AMENDMENT (CA) 10-01 TO
AMEND THE TITLE 9 OF THE LAND USE CODE REGULATING HOTELS BY
ADDING SECTION 9-3.524 RELATING TO HOTELS; AMENDING SECTION
9-3.303, TABLE 3-4, AND AMENDING SECTION 9-3.305, TABLE 3-6 TO
DESIGNATE HOTELS AND EXPAND THE ZONE DISTRICTS IN WHICH
HOTELS ARE AUTHORIZED PURSUANT TO A CONDITIONAL USE PERMIT;
AND AMENDING SECTION 9-3.335, TABLE 3-34 TO
SET FORTH NEW OFF-STREET PARKING REQUIREMENTS FOR
HOTELS AND MOTELS"
2. ORDINANCE NO. 974 ADOPTED AMENDING THE OFFICIAL ZONING MAP
FROM GENERAL COMMERCIAL (GC) TO THE "PLANNED COMMUNITY" (PC)
ZONE DISTRICT AND CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE PLAZA BANDERAS HOTEL MIXED USE
DEVELOPMENT (REZONE (RZ) 10-001) (410.201460.20)
Maria Morris, City Clerk, read the title of the ordinance.
Council Motion: Moved by Council Member
Council Member Allevato, and carried unanimously to
entitled "AN ORDINANCE OF THE CITY COUNCIL
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
FROM THE "GENERAL COMMERCIAL" (GC)
COMMUNITY" (PC) ZONE DISTRICT AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR
HOTEL MIXED USE DEVELOPMENT (REZONE (RZ)
COUNCILMANIC ITEMS:
Hribar, seconded by
adopt Ordinance No. 974
OF THE CITY OF SAN
OFFICIAL ZONING MAP
TO THE "PLANNED
D CERTIFYING THE
THE PLAZA BANDERAS
10-001)"
1, DISCUSSION REGARDING TRANSITIONING THE OPEN SPACE
COMMITTEE (530.40)
Steve Apple, Deputy City Manager, provided a staff report, and responded to
questions.
13 10/19/2010
Public Comments:
• Gail Zukow, Parks, Recreation and Equestrian Commission, supported a
new commission for the Public Lands (Open Space) and Equestrian, and felt
that it was a good idea to restructure the Parks and Recreation Commission
to include Senior Services.
• Jill Hanna, Parks, Recreation and Equestrian Commission, supported
adding a new commission, in order to accommodate the City's
growing Open Space needs.
• tarry Kramer, City resident, supported the creation of a new commission, in
order to have new members; and important to have a staff member
dedicated to open space, in order to expedite projects.
• Steve Behmerwohld, City resident, spoke regarding lack of Open Space
Committee minutes posted on the City's website; and spoke
regarding members of the Open Space Committee serving on the
Open Space Foundation.
• Adam Maywhort, City resident, supported the creation of a new commission,
as it would help when applying for grants.
Council Comments:
• Stated that it would be proper for the City Council to transition the
Open Space Committee into a regular City Commission rather than an
ad-hoc committee; felt that the new commission should cover both open
space (public lands) and equestrian, and be comprised with some of the
Parks, Recreation and Equestrian Commission members and some of the
Open Space Committee Member, without having the majority from either
side; and restructuring the Parks, Recreation and Equestrian Commission to
focus on the act of recreation.
• Suggested to add Senior Services to the Parks & Recreation Commission;
and add multi -use trails and equestrian to the new open land commission;
and preference in a seven (7) member Commission and limiting three
(3) members from the Open Space Committee and three (3) members from
the Parks, Recreation & Equestrian Commission.
• Preference in adding a few members from the Open Space Committee to the
Parks, Recreation and Equestrian Commission (in order to decrease the
number of Commissions/Committees applicants need to go through for
project approval), instead of increasing the number of Commission and
Committees; would support a new commission only if developers do not
have to go through the commission.
• Felt that the new commission would have a lot of responsibilities that do not
relate with Parks & Recreation, such as wildlife issues, conservation
easements, restoration of natural areas, grants and revenue opportunities,
and making the land accessible to the public; and supported adding Senior
Services to Parks and Recreation.
14 10/19/2010
Council Motion: Moved by Council Member Allevato, seconded by
Council Member Nielsen, and carried unanimously to establish a new seven (7)
Member Public Lands, Trails and Equestrian Commission; and direct staff to
bring back to the City Council an ordinance establishing the new commission and
the restructuring the Parks, Recreation & Equestrian Commission to exclude
Equestrian and include Senior Services.
2. LICENSE AGREEMENT WITH THE OAKS FOR THE OAKS PADDOCK AREA
OF THE LEMON GROVE PARCEL, APPROVED; STAFF DIRECTED TO
BRING BACK TO COUNCIL FOR APPROVAL A LICENSE/OPERATING
AGREEMENT FROM BLENHEIM FACILITIES MANAGEMENT; AND
DIRECTION PROVIDED REGARDING THE LEMON GROVE AND/OR RIDING
PARK PARCELS (420.101600.30)
Cindy Russell, Chief Financial Officer/City Treasurer, provided a staff report, and
responded to questions. David Contreras, Senior Planner, provided an update on
the Lemon Grove Parcel projects.
Public Comments:
Larry Kramer, City resident, had questions regarding the extension of the
trail, and opening of the gate. Cindy Russell, Chief Financial Officer/City
Treasurer, responded that the gate will be open at all times once a multi -use
trail is extended from its current terminus through the City's property
to the Arizona Crossing and a multi -use trail is developed on
the opposite side of the crossing.
Elliott Levenson, City resident, had questions regarding a gate across the
berm. Cindy Russell, Chief Financial Officer/City Treasurer, responded that
there will not be a gate on the berm, once the trail is extended from the berm
to the crossing there would be a gate at the crossing.
Gail Zukow, City resident, felt it was important to make sure that the
equestrian staging area has room to accommodate large trailers.
Sheri Grady -Merkle, The Oaks Farms, responded to questions regarding the
License Agreement.
Council Comments:
• Preference in adding a small recreational field in Area A of the Lemon Grove
parcel project.
• Felt that the Lemon Grove parcel project has a great revenue potential for
the City, and felt that it would be useful to have Area D as a
Caretaker/Administrative area.
• Area A of the Lemon Grove would be open up for day and overnight use.
• Intention to keep enough lemon groves so that it would be a gateway to the
City, and be called the Lemon Grove Park.
• Preference in the term of the License Agreement with The Oaks, Inc. to be
for five -years with a two five-year extension.
15 10/19/2010
• Staff directed to bring back a final License/Operating Agreement with
Blenheim Facilities Management with the deal points presented by Blenheim
Facility Management (attachment 2) and the following provisions: City to be
allowed to schedule preferred events, in order to have event variety; priority
to be given to San Juan based teams for sport tournaments; City
infrastructure provision, if there is a reduction in the Licensee costs in 2012,
the City should accrue the benefit and have an increase in the license fee;
no sub -tenants without City's prior approval; and City reserves the right to
add a trail along the perimeter of the fields, and to the open space.
Council Motion: Moved by Council Member Nielsen, seconded by
Mayor pro tem Freese, and carried 4-1 with Council Member opposed to approve
a License Agreement with The Oaks, Inc. for the Oaks Paddock Area of the
Lemon Grove Parcel.
•e
AYES: COUNCIL MEMBER: Allevato, Nielsen, Freese and Mayor Uso
NOES: COUNCIL MEMBER: Hribar
ABSENT: COUNCIL MEMBER: None
ADJOURNMENT:
There being no further business, Mayor Uso adjourned the meeting at
12:03 a.m. to Wednesday, October 20, 2010, at 5:00 p.m. for a Joint City
Council/Community Redevelopment Agency Workshop (Long Term Vision/Strategic
Plan); and then to Tuesday, November 2, 2010, at 3:00 p.m. for a Joint
City Council/Community Redevelopment Agency/Planning Commission Workshop
(Historic Town Center Master Plan); and then to Tuesday, November 2, 2010, at
7:00 p.m. for a public Business Session, following Closed Session, in the
City Counci) Chamber.
submitted,
RIS, CI_tY CLERK
TTEST:
DR. LONDRES USO, MAYOR
16 10/19/2010