10-1102_CC_Minutes_Regular MeetingMINUTES
November 2, 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 7:00 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 Lance Corporal Francisco Jackson,
a member of the City's adopted 1111 Marine, who was killed during combat operations
in Afghanistan.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Laura Freese and Mayor Uso
COUNCIL MEMBERS/Dl RECTORS 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.
EMERGENCY ITEM:
Council Action: Moved by Council Member Hribar, seconded by
Mayor Uso, and carried unanimously to add "Consideration of Replacing Pump and
Column Pipe for the Capistrano Valley Water District No. 1 Well" under Consent
Calendar (D11).
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: None
OPEN SPACE COMMITTEE REPORT.
Council Member Nielsen reported that the next meeting of the Open Space Committee
will be held Monday, December 6, 2010, at 6:30 p.m. in the City Council Chambers.
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 Sarducci's
Restaurant.
■ "Day of the Dead", hosted by the Library.
■ 1St 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
1. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE; Alberto Barrera, Youth Advisory Board; Orange County Fire
Authority representative; and recognized all the Associated Senior Action
Program (ASAP) members.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening project.
Dick Racich, City resident, stated that he will be deferring his comments to a future
meeting do to a busy Council agenda.
■ Patrick Crowley, City resident, spoke regarding revitalizing the Red Geranium
Project; and asked for support from the City Council. Mayor pro tem Freese stated
that the Geranium Society is going to cultivate a new red geranium that will be called
the "San Juan Capistrano Geranium".
Abbie Gail Weiser, City resident, spoke regarding the Red Geranium project.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hribar, secon ded by Council Member
Nielsen, and carried unanimously to approve consent calendar items 1 through 5, 10
and 11 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2, CITY COUNCIL MINUTES — REGULAR MEETING OF
OCTOBER 19, 2010, APPROVED AS SUBMITTED.
3. CITY COUNCIL. MINUTES — SPECIAL MEETING OF
OCTOBER 19, 2010 (CLOSED SESSION), APPROVED AS SUBMITTED
4. CITY COUNCIL MINUTES — SPECIAL MEETING OF
OCTOBER 25, 2010 (CLOSED SESSION), APPROVED AS SUBMITTED
5, NEW DEVELOPMENT APPLICATIONS STATUS REPORT — PERIOD ENDING
OCTOBER 15, 2010, RECEIVED AND FILED (440.10)
6. PROFESSIONAL SERVICES AGREEMENT FOR MONITORING FOR THE
ACU CANYON SITE, TERMINAL RESERVOIR NO 3, AND PLACIDA SITE
WITH MERKLE & ASSOCIATES, AND PROFESSIONAL SERVICES
AGREEMENT FOR MONITORING FOR THE 760S RESERVOIR PROJECT
WITH CAA PLANNING, APPROVED (600.30)
Nasser Abbaszadeh, Public Works Director, and Eric Bauman, Utilities Engineer,
responded to questions.
2 11/02/2010
Council Comments:
• Suggested that a summary sheet with major information be added to agenda
reports that have complex information.
Council Motion: Moved by Mayor pro tem Freese, seconded by
Council Member Nielsen, and carried unanimously to approve a Professional
Services Agreement for monitoring the Acu Canyon Site, Terminal Reservoir No.
3, and Placida Site with Merkle & Associates, Inc in an amount of $41,210, and
approve Professional Services Agreement for monitoring the 760S Reservoir
project with CAA Planning in the amount of $47,000; and City Manager
authorized to execute the agreements and execute changes in a total amount not
to exceed 10% of the contract value.
7. PROFESSIONAL SERVICES AGREEMENT FOR 2010-11 HABITAT
RESTORATION MAINTENANCE SERVICES AT THE 760S RESERVOIR
PROJECT, ACU CANYON SITE, TERMINAL RESERVOIR NO 3 PROJECT,
AND PLACIDA SITE WITH PACIFIC BIOSCIENCE, APPROVED
(600.301330.40)
Council Comments:
• Suggested that a summary sheet with major information be added to agenda
reports that have complex information.
Council Motion: Moved by Mayor pro tem Freese, seconded by
Council Member Nielsen, and carried unanimously to approve a Professional
Services Agreement for 2010-11 Habitat Restoration Maintenance Services at
the 760S Reservoir Project, Acu Canyon Site, Terminal Reservoir No 3 Project,
and Placida Site in the amount of $256,416 with Pacific Bioscience;
City Manager authorized to execute the agreement and execute changes in a
total amount not to exceed 10% of the contract value; and appropriation of
$115,000 from CIP No. 09211 to CIP No. 07811, approved.
8. PERSONAL SERVICES AGREEMENT TO PERFORM THE FEASIBILITY
STUDY FOR ALIPAZ EXTENSION WITH BOGHOSSIAN AND ASSOCIATES,
INC., APPROVED; AND PERSONAL SERVICES AGREEMENT TO PREPARE
CONSTRUCTION DRAWINGS FOR SIDEWALK AND ACCESS RAMP
CONSTRUCTION WITH AMN MANAGEMENT, APPROVED (600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Motion: Moved by Mayor pro tem Freese, seconded by
Council Member Hribar, and carried unanimously to approve a Personal Services
Agreement to perform a Feasibility Study for Alipaz Extension with Boghossian
and Associates, Inc. in the amount of $180,985; approve a Personal Services
Agreement to prepare construction drawings for sidewalk and access ramp
construction with AMN Management in the amount of $30,780; and City Manager
authorized to execute the agreements and make modification to the project
budget.
3 11/02/2010
9. PERSONAL SERVICES AGREEMENT FOR ROUTINE MAINTENANCE OF
FOURTEEN (14) PUMP STATION/RESERVOIR SITES AND FOUR (4) WELLS
WITH LINC MECHANICAL SYSTEM LOS ANGELES IN THE AMOUNT OF
$48,070, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE
THE AGREEMENT (600.30)
West Curry, Assistant Utilities Director, responded to questions.
Council Motion: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried unanimously to approve a
Personal Services Agreement for routine maintenance of fourteen (14) pump
station/reservoir sites and four (4) wells with Linc Mechanical System Los
Angeles in the amount of $48,070, approved; and City Manager authorized to
execute the agreement.
10. THIRD AMENDMENT TO AGREEMENT WITH MUNICIPAL MANAGEMENT
GROUP TO PROVIDE CITY MANAGER SERVICES, APPROVED (600.30)
11. CLEANING, VIDEOING, AND REPLACEMENT OF THE PUMP AND COLUMN
PIPE FOR THE CAPISTRANO VALLEY WATER DISTRICT NO 1 WELL THAT
SUPPLIES A PORTION OF THE WATER TO THE GROUND WATER
RECOVERY PLANT, APPROVED (600.30)
PUBLIC HEARINGS:
1. RESOLUTION NO. 10-11-02-01 ADOPTED CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (EIR), ADOPTING FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL-. QUALITY ASCT
(CEQA), ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
AND APPROVING A MITIGATION MONITORING REPORTING PROGRAM
(MRP); RESOLUTION NO. 10-11-02-02 ADOPTED APPROVING GENERAL
PLAN AMENDMENT (GPA) 07-01; RESOLUTION NO 10-11-02-03 ADOPTED
APPROVING TENTATIVE TRACT MAP (TTM) 17226 FOR THE "DISTRITO LA
NOVIA-SAN JUAN MEADOWS' PROJECT; RESOLUTION NO. 10-11-02-04
ADOPTED APPROVING TENTATIVE TRACT MAP (TTM) 17280 FOR THE
"SAN JUAN MEADOWS" PROJECT; RESOLUTION NO. 10-11-02-05
ADOPTED APPROVING ARCHITECTURAL CONTROL (AC) 07-14 FOR THE
"DISTRITO" SITE AND GRADING PLAN MODIFICATIONS (GPM) 07-01 FOR
THE "DISTRITO LA NOVIA-SAN JUAN MEADOWS" PROJECT; FIRST
READING AND INTRODUCTION OF AN ORDINANCE APPROVING REZONE
07-01 FOR THE "DISTRITO LA NOVIA-SAN JUAN MEADOWS" PROJECT;
AND FIRST READING AND INTRODUCTION OF AN ORDINANCE
APPROVING A DEVELOPMENT AGREEMENT FOR THE "DISTRITO LA
NOVIA-SAN JUAN MEADOWS" PROJECT (460.20/440.20/420.40)
4 11/02/2010
Public Correspondence:
The following individuals submitted correspondence: Josh Singer, City
Resident; Susan Gordon, City resident; Sandra Estep, City resident; Marsha
Norman, City resident; Reed Royalty, City resident; and Richard Julian,
Advance Group 99 -SJ.
William Ramsey, Principal Planner, provided a staff report and responded to
questions.
Mayor Uso opened the public hearing and invited testimony.
The following individuals spoke in support of the project: Neal Pedersen,
City resident; Richard Hill Adams, City Resident; Sandie Weaver, City resident;
Kay Kearney, South Orange County Regional Chamber of Commerce;
Larry Thomas, Chamber of Commerce; and Dusty Otero, City resident.
The following individuals spoke in opposition _ to the project: Mike Johnson,
City resident; Ira Rosenbaum, City Resident; and Judy Morgan, City resident.
Mayor Uso closed the public hearing.
Council Comments:
Felt that the proposed project is a much better project than the original
approved project; landfill mitigations will be the same as the original
approved project; project offers economic viability to the City; great
opportunity to bring new restaurants, retail services and employment
opportunities; stated that the Council has listened to the public and reduced
the commercial area by 50%, housing density by 10 units; and mitigated
traffic on San Juan Creek Road and Valle Road.
Expressed support for the project and stated that the final design is still a
work in process.
Clarified that the proposed General Plan Amendment is not for the Meadows
side, but for the Distrito La Novia side, which removes a hotel and changing
to Planned Community (PC); the new proposed project will significantly
increase the benefit to the community in the long term; impacts have been
mitigated including the landfill disruption; horse stable lighting and noise will
be conditioned as part of the conditional use process; stated that it needs to
be on the record that the County has a built in conflict of interest with their
Environmental Impact Report (EIR) comments because they are responsible
for the County landfill; stated that based on public input the number of horses
were reduced by 35%, the housing reduced by 20 units, added truck
restrictions, reduced the parking size and height; reduced the commercial
square footage; and reduce the traffic by around 1,000 daily trips.
Felt that it was a good idea to allow u -turns from eastbound San Juan Creek
Road to Valle Road; traffic mitigation needs to be completed before releasing
any Certificate of Occupancy; felt that the project has been reduced
significantly; the Distrito La Novia side has a very attractive architectural
design; and felt that further concerns can be addressed during the
Conditional Use Permit (CUP) process.
5 11/02/2010
• Expressed support for the project, and felt that the community will embrace it
once is built.
Maria Morris, City Clerk, read the titles of the ordinances.
Council Action: Moved by Council Member Hribar, seconded by
Council Member Allevato, and carried unanimously to adopt RESOLUTION NO.
10-11-02-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR A MIXED-USE PLANNED COMMUNITY LOCATED
ALONG THE NORTH AND SOUTH SIDES OF LA NOVIA AVENUE EAST OF VALLE
ROAD (ASSESSORS PARCEL NUMBER(S): 666-312-01 & 02; 666-292-01, 02 & 06)
(DISTRITO LA NOVIA-SAN JUAN MEADOWS)"; RESOLUTION NO. 10-11-02-02
adopted entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT
(GPA) 07-01FOR A MIXED-USE PLANNED COMMUNITY LOCATED ALONG THE
NORTH AND SOUTH SIDES OF LA NOVIA AVENUE EAST OF VALLE ROAD
(ASSESSORS PARCEL NUMBER(S): 666-312-01 & 02; 666-292-01, 02 &
06)(DISTRITO LA NOVIA-SAN JUAN MEADOWS)"; RESOLUTION NO 10-11-02-03
adopted entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA APPROVING TENTATIVE TRACT MAP (TTM)
17226 FOR THE "DISTRITO LA NOVIA" PORTION OF A MIXED-USE PLANNED
COMMUNITY LOCATED ALONG THE NORTH SIDE OF LA NOVIA AVENUE AND
EAST OF VALLE ROAD (ASSESSORS PARCEL NUMBER(S): 666-312-01 & 02; 666-
292-01, 02 & 06)(DISTRITO LA NOVIA)"; RESOLUTION NO. 10-11-02-04 adopted
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A TENTATIVE TRACT MAP (TTM) 17280
FOR THE "SAN JUAN MEADOWS" PORTION OF A MIXED-USE PLANNED
COMMUNITY LOCATED ALONG THE SOUTH SIDE OF LA NOVIA AVENUE EAST OF
VALLE ROAD (ASSESSORS PARCEL NUMBER(S): 666-312-01 & 02; 666-292-01, 02
& 06)(SAN JUAN MEADOWS)'; RESOLUTION NO. 10-11-02-05 adopted entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 07-14
AND GRADING PLAN MODIFICATION (GPM) 07-01 FOR A MIXED-USE PLANNED
COMMUNITY LOCATED ALONG THE NORTH AND SOUTH SIDES OF LA NOVIA
AVENUE EAST OF VALLE ROAD (ASSESSORS PARCEL NUMBER(S): 666-312-01 &
02; 666-292-01, 02 & 06)(DISTRITO LA NOVIA-SAN JUAN MEADOWS); AND
INTRODUCTION OF AN ORDINANCE entitled "AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT
TO THE OFFICIAL ZONING MAP AND ADOPTING A COMPREHENSIVE
DEVELOPMENT PLAN FOR DISTRITO LA NOVIA-SAN JUAN MEADOWS
PROJECT (REZONE 07-01)"; AND FIRST READING AND INTRODUCTION OF
AN ORDINANCE entitled "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
FOR THE DISTRITO LA NOVIA-SAN JUAN MEADOWS PROJECT";
6 11/02/2010
SAN .JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS: None
ORDINANCES: None
COUNCILMANIC ITEMS:
DISCUSSION OF MEMORIAL WALL FOR THE FALLEN WARRIORS OF THE
1111 MARINES (140.70)
Council Comments:
Preference in a (movable) plaque without pictures with ample room. ,
• Should add the plaque to the wall in City Hall that's already dedicated to the
1111 marines.
1111 Marines Committee to bring back to the City Council a design.
Council Motion: Moved by Mayor pro tem Freese, seconded by
Council Member Nielsen, and carried unanimously to approve a City Hall wall
dedicated to the memory of those Marines from 1't Battalion, 11th Marine
Regiment that gave their lives in the service of our country.
2. FIRST READING AND INTRODUCTION OF AN ORDINANCE ORGANIZING
THE PUBLIC LANDS, TRAILS, AND EQUESTRIAN COMMISSION AND
RESTRUCTURING THE PARKS, RECREATION AND EQUESTRIAN
COMMISSION (920.20)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions.
Council Motion: Moved by Council Member Nielsen, seconded by
Council Member Hribar, and carried unanimously to approve the first reading and
introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ARTICLE 6 AND ADDING ARTICLE 6 OF CHAPTER 2 OF TITLE 2 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE ORGANIZING THE PUBLIC
LANDS, TRAILS AND EQUESTRIAN COMMISSION AND ORGANIZING THE
PARKS, RECREATION AND SENIOR SERVICES COMMISSION'; adding to
page 1 of the ordinance under duties for the Public Lands, Trails and Equestrian
Commission under (b) and (c) ... make recommendations to the Planning
Commission or City Council..., and as an additional duty "To study and make
recommendations to the City Council on the management of the City's open
space and ways to ensure long-term financial return to maintain and enhance the
City's open space".
7 11/02/2010
3. VACANCIES DECLARED AS OF JANUARY 31, 2011 ON ALL COMMISSIONS
AND COMMITTEES (110.20)
Council Motion: Moved by Mayor Pro Tem Freese, seconded by
Mayor Uso, and carried unanimously to declare vacancies as of
January 31, 2011 on the Cultural Heritage Commission, Parks, Recreation and
Senior Services Commission (subject to final adoption on November 16, 2010),
Planning Commission, Transportation Commission, Utilities Commission,
Design Review Committee, Public Lands, Trails And Equestrian Commission
(subject to final adoption on November 16, 2010), and Housing Advisory
Committee; and the City Clerk directed to prepare and post appropriate notices
to solicit applications.
ADJOURNMENT:
There being no further business, Mayor Uso adjourned the meeting at
9:12 p.m. to Thursday, November 4, 2010 at 12:00 p.m. for a Special Meeting
(Closed)Sessi E ); and then to November 16, 2010, at 5:30 p.m. for Closed Session and
6:30 )5.rr�. rublic Business Session, in the City Council Chamber.
Resj3ec- I -S omitted,
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MARA-KOPRIS, CITY CIV K
Approved: November 16, 2010
DR. LONDRES USO, MAYOR
8 11/02/2010