07-0206_CC_Minutes_Regular MeetingMINUTES
FEBRUARY 6, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) - None
Mayor Allevato called the 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 Mayor pro tem Soto gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mayor pro tem Joe
Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: Mark Nielsen (excused)
STAFF PRESENT: Dave Adams, City Manager; Bill Huber, Assistant City Manager;
John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Administrative
Services Director; Nasser Abbaszadeh, Engineering & Building Director; John Elwell,
Interim Public Works Director; Karen Crocker, Community Services Director; Bill
Cunningham, Interim Planning Director; Lt. Mike Betzler, Chief of Police Services;
' Douglas Dumhart, Economic Development Manager; David Contreras, Associate
Planner; Maria Morris, Deputy City Clerk; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Hribar reported attendance at the Pacific Legal Foundation Conference
concerning Property Rights, Land Use, and Eminent Domain; and South Orange County
Wastewater Authority Board meeting where former Council Member Bathgate was
recognized for her service.
Council Member Uso reported attending an Orange County Vector Control Board
meeting where former Mayor Swerdlin was recognized for his service; Library
renovation meeting; and Boys & Girls Club facility expansion plan meeting.
Mayor pro tem Soto reported attending the Capistrano Animal Rescue Effort (CARE)
Car Show and commended former Mayor Phil Schwartze and his wife Marsha for their
efforts.
Mayor Allevato commended staff for repairing manhole covers on San Juan Creek
Road; Police Services for the arrest of three motorcyclists allegedly harassing residents
' using city trails; and Caltrans for the decorative treatment at the Stonehill on-ramp. He
announced an upcoming nationwide broadcast related to the Fiesta de Las Golondrinas
2-6-2007
Celebration featuring interviews with him and Jeff Schroeder, Fiesta Association
President.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hribar reported the committee elected not to fill the three vacant seats;
revised the committee's mission statement to include "the preservation" of open space;
reviewed a summary of the results of the resident survey concerning open space;
discussed a potential ballot initiative that would require voter approval of re -zoned open
space; and discussed the protection of buffers around the City's creeks. The next
meeting is schedule for March 5, 2007, at 7:00 p.m. in the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Chamber of Commerce's State of the City Breakfast;
Community Emergency Response Team (CERT) classes; a class series on aging;
Mission San Juan Capistrano's Lincoln Exhibit; and upcoming plays.
INTRODUCTIONS PRESENTATIONS, AND DONATIONS
1. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto introduced the following individuals in attendance: Ilse
Byrnes, and Kathy Hooper, Parks, Recreation and Equestrian Commission; Les
Blair, Council Liaison to the San Juan Seniors; Pat Antrim, Orange County Fire
Authority Battalion Chief; Jeff Schroeder, Fiesta Association; and Erin Kutnick,
Transportation Commission.
ORAL COMMUNICATIONS
Lennie DeCaro, City resident, requested Council support in opposing the widening of
Ortega Highway and asked they review documents she previously submitted.
Bob DeCaro, City resident, submitted a request to speak form but was not present when
his name was called.
Suzanne McCardie, City resident, requested Council initiate public hearings concerning
the widening of Ortega Highway and creation of an ad-hoc committee to study traffic
diversion.
Ed Dahlen, City resident, requested accurate information concerning the Ortega
Highway Widening project and leadership from the City. Mayor Allevato advised him to
submit a list of questions and staff will provide responses.
2-6-2007
Dr. John J. Martinez, City resident, requested accurate information concerning the
widening of Ortega Highway and meetings with Caltrans and the City.
Nasser Abbaszadeh, Engineering & Building Director, reported the existence of an
Ortega Widening ad-hoc committee that has been meeting since November; meetings
have revealed divergent opinions concerning the project; and accurate information is
not available from Caltrans as the project has not yet been designed. He noted the
project environmental document is due late March/early April, which will provide an
opportunity for public input.
Andrea Bink, City resident, read a letter from her family expressing opposition to the
Ortega Highway Widening project due to the negative impacts to the Mission, homes
and quality of life.
Trevor T. Dale, City resident, Save Our Open Space, supported a ballot measure to
require voter approval of open space re -zoning; expressed concern with the Ortega
widening project; and urged Council support of Save Our Open Space, a group formed
to address traffic issues in town.
Jack Eidt, Wild Heritage Planners, City resident, discussed the need for developing
alternatives to the Ortega widening project and addressing traffic impacts from the
Rancho Mission Viejo project.
' CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Council Member
Uso, and carried unanimously, 4-0, to approve items 1, 2, 4, 5, 8, 13 through 15, 17 and
18 as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JANUARY 2, 2007, APPROVED
AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED JANUARY 18, 2007, AND
PAYROLL WARRANTS DATED JANUARY 12, 2007, RECEIVED AND FILED.
(300.30)
This item was removed from the Consent Calendar agenda by Council Member
Uso in order to ascertain from staff that the library work has been completed.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 4-0, to receive and file Accounts payable
warrants dated January 18, 2007, in the amount of $2,542,609.79; and payroll
' warrants dated January 12, 2007, in the amount of $274,606.
3 2-6-2007
4. NEW DEVELOPMENT STATUS REPORT, MONTH ENDING JANUARY 31,
2007, RECEIVED AND FILED. (440.10)
5. CLAIM OF VIRGINIA HOFFMAN DENIED, BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY. (170.70)
6. LICENSE AGREEMENT FOR THE INSTALLATION OF LANDSCAPING WITHIN
THE PUBLIC RIGHT-OF-WAY AND REQUEST FOR WAIVER OF FEES,
APPROVED. (PLANT DEPOT) (600.30/370.90)
This item was removed from the Consent Calendar by Mayor pro tem Soto in
order to commend Plant Depot for their cooperation; and to establish that the
proposed agreement runs with the land.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso, and carried unanimously, 4-0, to approve License agreement to
allow Plant Depot to install landscape enhancements within the public right-of-
way approved; a fee waiver in the amount of $1,057; and authorize the City Clerk
to forward the agreement to the Orange County Recorder for recordation.
7. CONSIDERATION OF RESOLUTION DENYING AMENDMENTS TO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 90-2 AND ARCHITECTURAL
CONTROL (AC) 03-09 FOR A SIGN PROGRAM FOR THE MAMMOTH
PROFESSIONAL BUILDINGS CONTINUED TO FEBRUARY 20, 2007. (410.60)
This item was removed from the Consent Calendar to allow Mayor pro tem Soto
to abstain due to proximity of the project to his property.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried 3-0-1, with Mayor pro tem Soto abstaining, to continue
consideration of Resolution Denying Amendments to Comprehensive
Development Plan (CDP) 90-2 and Architectural Control (AC) 03-09 for a Sign
Program for the Mammoth Professional Buildings. The Application includes: (1)
an Amendment to the CDP to allow Sign Programs for Projects in the CDP Area;
(2) a Sign Program for the Project; and (3) Two Free -Standing Monument Signs.
The Project Site is on the East Side of Rancho Viejo Road between Via Escolar
and Spotted Bull Land (APN 650-011-32) (Mammoth Equities) (Continued from
January 2, 2007), to the February 20, 2007, regular meeting.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: None
4 2-6-2007
ABSTAIN: COUNCIL MEMBERS: Soto
' 8. REPORT OF INVESTMENTS — MONTH ENDING NOVEMBER 30, 2006,
RECEIVED AND FILED. (350.30)
9. LICENSE AGREEMENT FOR THE INSTALLATION OF IMPROVEMENTS
WITHIN THE PUBLIC RIGHT-OF-WAY APPROVED. (TRACT 13721, LOTS 1 —
7)(SILVER LEAF ESTATES HOMEOWNERS ASSOCIATION) (600.30)
This item was removed from the Consent Calendar by Mayor pro tem Soto to
commend the Silver Leaf Estates Homeowners Association for their efforts to
improve and enhance the landscape.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso, and carried unanimously, 4-0, to approve the License agreement
to allow Silver Leaf Estates Homeowners Association to install improvements
within the public right-of-way, approved; and authorize the City Clerk to forward
the agreement to the Orange County Recorder for recordation.
10. INSTALLATION OF SPEED HUMPS ON AVENIDA DEL ROSAL, BETWEEN
AVENIDA PEDREGAL AND VIA DEL REY, APPROVED. (590.50)
' This item was removed from the Consent Calendar to allow for public comment.
Description: Following a request for speed humps from residents on Avenida
Del Rosal and subsequent submittal of the required petition, staff determined the
request meets the criteria outlined in Council Policy #420. Staff recommended
approval of the speed humps on Avenida Del Rosal between Avenida Pedregal
and Via Del Rey.
Written Communications:
Report dated February 6, 2007, by Alan Oswald, Senior Engineer/Traffic.
Letter dated February 5, 2007, from James C. Smathers, City resident, opposed
to the speed humps and suggesting enforcement of the speed limit instead.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report.
Public Comment:
Amy Devore, City resident, supported installation of speed humps to reduce
speeding drivers.
Corey Hall, City resident, supported installation of speed humps.
5 2-6-2007
Mike Smith, City resident, supported installation of speed humps for safety. --
Eric Devore, City resident, supported the proposed speed humps and indicated
the entire street was in support.
Jennie Devoir, City resident, supported speed humps.
Krystal Hall, City resident, said speed humps were needed to slow down
speeding drivers.
Council Comment:
Council Members ascertained that funding for installation of the proposed speed
humps was not yet budgeted; and concurred to direct staff to install the speed
humps as soon as funds were available.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Soto and carried unanimously, 4-0 to approve installation of speed humps on
Avenida Del Rosal between Avenida Pedregal and Via Del Rey.
11. AGREEMENT FOR WEBSITE RE -DESIGN SERVICES WITH VISION
INTERNET APPROVED. CITY COUNCIL PRIORITY NO. 11 A. (600.30)
This item was removed from the Consent Calendar to allow for public comment.
Description: The City's current web site does not meet current standards of
organization, accessibility, and navigation utilized on the World Wide Web; is not
Section 508 compliant and therefore not accessible to people with disabilities;
and does not have the foundation necessary for the City's E -Gov initiative. Of
the 7 proposals the City received in response to its RFP process, 4 were invited
to demonstrate their systems to the website redesign team, which consisted of
representatives from each department. The website redesign team determined
that Vision Internet offered the best functionality and design at the most
affordable price. Staff recommended Council authorize the one-year agreement
for website design services with Vision Internet in an amount not to exceed
$87,883; and authorize the City Manager to execute the agreement.
Written Communications: Report dated February 6, 2007, by Steve Montano,
Assistant Administrative Services Director.
Presentation: Cindy Russell, Administrative Services Director, summarized the
staff report.
6 2-6-2007
Public Comment:
' Mike Mathewson, City resident, was opposed to the expenditure because the
City's existing website was sufficient; and felt the proposed improvements would
eventually cost much more than proposals indicated.
Cindy Russell, Administrative Services Director described the new features and
abilities included in the new web redesign; noted this improvement is one
component of a multi -phased project; and provided her contact information to Mr.
Mathewson for further discussion and clarification.
Council Action: Moved by Council Member Uso, seconded by Council
Member Hribar, and carried unanimously, 4-0, to approve the One-year
agreement for website re -design services with Vision Internet, in an amount not
to exceed $87,883, and authorize the City Manager to execute the agreement.
12. REPORT OF INVESTMENTS — MONTH ENDING DECEMBER 31, 2006,
RECEIVED AND FILED (350.30)
This item was removed from the Consent Calendar by Council Member Hribar for
clarification.
' Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 4-0, to receive and file Report of
investments — month ending December 31, 2006; and direct the City Clerk to
forward the report of investments for the month ending December 31, 2006, to
the California Debt and Investment Advisory Commission.
13. PERSONAL SERVICES AGREEMENT WITH GENERAL PUMP COMPANY
FOR THE REHABILITATION OF HOLLYWOOD WELL 2A, IN THE AMOUNT OF
$69,890, APPROVED. (600.30)
14. RESOLUTION NO. 07-02-06-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE PASEO CRUCERO WATERLINE REPLACEMENT
(DOTY BROTHERS EQUIPMENT, CO.,) ADOPTED; THE CITY CLERK
DIRECTED TO RECORD THE NOTICE OF COMPLETION; AND STAFF
AUTHORIZED TO RELEASE THE RETENTION OF $21,296.50, 35 DAYS
AFTER RECORDATION. (CIP# 767)(600.30)
15. MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN JUAN
CAPISTRANO FIESTA ASSOCIATION AND THE CITY OF SAN JUAN
CAPISTRANO, RECOGNIZING THE FIESTA ASSOCIATION AS LEAD
I
AGENCY IN PLANNING COORDINATING, AND CONDUCTING ALL
OFFICIAL EVENTS ASSOCIATED WITH THE 2007 FIESTA DE LAS
7 2-6-2007
GOLONDRINAS CELEBRATION; THE CITY MANAGER AUTHORIZED TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING; AND RESOLUTION
NO. 07-02-06-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
REQUEST FOR A WAIVER OF CITY FEES TO THE SAN JUAN CAPISTRANO
FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2007
FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE,
JULY 4T" CELEBRATION; AND GRANTING AN EXCEPTION TO THE CITY'S
FIREARM DISCHARGE REGULATIONS FOR HOOS'GOW DAY AND
SWALLOWS PARADE DAY," ADOPTED. (600.30)
16. AWARD OF BID — RECREATION REGISTRATION COMPUTER SOFTWARE
SYSTEM, APPROVED. (VERMONT SYSTEMS, INC.) CITY COUNCIL
PRIORITY NO. 11A (600.30)
This item was removed from the Consent Calendar to allow for public comment.
Description: Staff recommended the City purchase a new recreation software
program from Vermont Systems, Inc. to replace the outdated and unsupported
registration software program purchased in the 1980's.
Written Communications: Report dated February 6, 2007, by Linda Evans,
Community Services Manager.
Presentation: Karen Crocker, Community Services Director, reviewed the staff
recommendation.
Public Comment:
Mike Mathewson, City resident, opposed this expenditure as it did not have a
web interface. He expressed concerns about the City's three-year, phased
expenditure of $1.5 million to upgrade information systems components and
software.
Council Member Uso encouraged Mr. Mathewson to discuss the software
proposal with staff and contact him to discuss any remaining issues.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Hribar, and carried unanimously, 4-0, to approve the contract with
Vermont Systems, Inc., in the amount of $19,991 for recreation registration
computer software system; and authorize the City Manager to execute the
purchase agreement.
17. 250S ZONE RESERVOIR PROJECT SUSPENDED FROM THE ADOPTED
DOMESTIC WATER MASTER PLAN; STAFF DIRECTED TO CONDUCT
NEGOTIATIONS WITH SANTA MARGARITA WATER DISTRICT ON
2-6-2007
DEVELOPMENT OF THE LOWER CHIQUITA RESERVOIR PROJECT; AND
THE BALANCE OF FUNDING PROJECTED FOR THE 250S RESERVOIR SET
ASIDE FOR PARTICIPATION IN THE DEVELOPMENT OF THE LOWER
CHIQUITA RESERVOIR. (CIP NO. 774)(1050.70)
18. SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA (CIP NO.
752) CHANGE ORDER NO. 1, IN THE AMOUNT OF $62,882.55 APPROVED;
RESOLUTION NO. 07-02-06-03 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE SAN JUAN CREEK WATERLINE CROSSING AT
VIA ESTENAGA (CIP #752) (S. PARKER ENGINEERING)," ADOPTED; AND
THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE
OF COMPLETION. (FEMA -DR -1577) (600.30)
PUBLIC HEARINGS
1. PARADE PERMIT AND TEMPORARY STREET CLOSURES FOR THE
ANNUAL FIESTA DE LAS GOLONDRINAS PARADE AND MERCADO,
SATURDAY, MARCH 24, 2007, APPROVED. (150.60)
Description: The San Juan Capistrano Fiesta Association submitted an
' application for a parade permit, including insurance, for the Fiesta de Las
Golondrinas Parade with associated temporary street closures for a Mercado.
The events are schedule to be held on Saturday March 24, 2007. Staff
recommended approval of the temporary street closures for the Fiesta de Las
Golondrinas Parade and the Mercado on Saturday, March 24, 2007; and
approval of the issuance of a parade permit to the San Juan Capistrano Fiesta
Association, per the City Municipal Code, Section 5-11.05(b).
Written Communications: Report dated February 6, 2007, by Alan Oswald,
Senior Engineer/Traffic.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso, and carried unanimously 4-0, to approve temporary street closures
for the Fiesta de Las Golondrinas parade and Mercado, on Saturday, March 24,
2007; and approve issuance of a parade permit to the San Juan Capistrano
Fiesta Association, per Municipal Code section 5-11.05(b).
RECESS AND RECONVENE
I
Council recessed at 8:40 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:45 p.m.
2-6-2007
ADMINISTRATIVE ITEMS - None
ORDINANCES - None
COUNCILMANIC ITEMS
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 8:46 p.m. to
Tuesday, February 20, 2007, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the
Public Business Session, in the City Council Chamber.
Ily
R. MONAHAN, CITY CLERK
March 6, 2007
SA ALLEVATO, .-
10 2-6-2007