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10-0128_CC_Minutes_Special MeetingMINUTES January 28, 2010 SAN JUAN CAPISTRANO CITY COUNCIL SPECIAL MEETING BUSINESS SESSION: Mayor Uso called the Special Meeting of the City Council of the City of San Juan Capistrano at 6:06 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance and Council Member Allevato gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen, Mayor pro tem Laura Freese and Mayor Uso COUNCIL 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. Mayor Uso dedicated the meeting to the late Tom Tomlinson, former Planning Director, who passed away on January 10, 2010. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: • Change of Command for the 1" Battalion Marine Ceremony. • Meeting with Congresswoman Loretta Sanchez's staff regarding new alignment for the Toll Road. • Thanked staff regarding improvements at Camino Capistrano/Del Obispo. • Desalinization meeting. • Tri -City Trolley meeting. ■ Mission Appreciation Luncheon. • San Juan Basin Authority meeting. ■ League of Cities meeting. • Foreclosure Workshop held at the Community Center. OPEN SPACE COMMITTEE REPORT Council Member Nielsen reported that the next meeting of the Open Space Committee will be held Monday, February 1, 2010 at 6:30 p.m. in the City Council Chambers. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: ■ 7th Annual CARE Car Show, at the San Juan Capistrano Sports Park. • SCORE Workshop, hosted by the Chamber of Commerce. • "Lose the Lawn", the Going Native Class, at The Taylor's Historic House. • "Campfire Program", at Caspers Wilderness Park INTRODUCTIONS AND PRESENTATIONS 1. ST. MARGARET'S GIRLS VARSITY TENNIS TEAM RECOGNIZED FOR WINNING BACK-TO-BACK CIF CHAMPIONSHIPS (610.40) Mayor Uso recognized the St. Margaret's Girls Varsity Team for winning back-to-back CIF championships, and presented them with a Certificate of Recognition. 2. AILEEN AND PAUL BRAZEAU, WITH SAN CLEMENTE VILLAS BY THE SEA, RECOGNIZED FOR CONTRIBUTION TO THE SENIOR PROGRAM (610.40) Elaine Tracy, Senior Citizens Program Coordinator, recognized Aileen and Paul Brazeau, with San Clemente Villas By the Sea, for contributions to the City of San Juan Capistrano Senior Programs over the years. Mayor Uso presented them with a Certificate of Recognition. 3. GLENN GARRETT, UTILITY PROGRAMS SUPERVISOR, RECOGNIZED FOR 10 YEARS OF SERVICE. Cindy Russell, Assistant City Manager, recognized Glenn Garrett, Utility Programs Supervisor, for 10 years of service. Mayor Uso presented him with a Certificate of Recognition. 4. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUAL -.S IN ATTENDANCE: Don Tryon and Jan Siegel, Cultural Heritage Commission. ORAL COMMUNICATIONS/CLOSED SESSION PUBLIC COMMENTS: City Council and Community Redevelopment Agency • Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega Highway Widening. • Clint Worthington, City resident, spoke regarding the City [Manager's salary; proposed surcharge costs in water bills for MtBE; and commercial parking on Alipaz Street. • Denise Miner, City resident, spoke regarding a ticket received at Camino Lacouague while picking up a San Juan Hills High School student and the need of clarity for posted signs. • Kim McCarthy, City resident, requested that the Council look into pandering/graffiti ordinance to protect the retailers and residents. CONSENT CALENDAR: Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried unanimously to approve consent calendar items 1 through 4, 7, 8 and 9 as recommended by staff. 2 1128/2010 1. Motion to Read Ordinance by Title Only 2. CITY COUNCIL MINUTES — REGULAR MEETING OF DECEMBER 15, 2009, APPROVED. 3. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 5, 2010, APPROVED. 4. REVIEW OF MEASURE Y -- ANNUAL FINANCIAL TRANSACTIONS REPORT, RECEIVED AND FILED (330.80) 5. AMENDMENT NO 1 TO AGREEMENT NO. C-8-0861 FOR RAILROAD GRADE CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUITE ZONE IMPLEMENTATION WITH ORANGE COUNTY TRANSPORTATION AUTHORITY, APPROVED (600.50) Nasser Abbaszadeh, Public Works Director, responded to questions. Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried unanimously to approve Amendment No. 1 to Agreement No. C-8-0861 for railroad grade crossing safety enhancements and safety measures related to quite zone implementation with Orange County Transportation Authority. 6. STATUS REPORT AND CONSTRUCTION SCHEDULE UPDATE ON THE WIDENING OF A SECTION OF VALLE ROAD, TENTATIVE TRACT MAPS 14196 AND 15609 (SUNCAL DEVELOPMENT), RECEIVED AND FILED. (420.401600.30) Nasser Abbaszadeh, Public Works Director, responded to questions. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to receive and file the status report and construction schedule update on the widening section of Valle Road. 7. CLAIM OF DAVID SCHINDERLE DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 8. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF DECEMBER 10, 2009, (LONG TERM VISION/STRATEGIC PLAN), APPROVED. 9. PERSONAL SERVICES AGREEMENT FOR CIVIL ENGINEERING SERVICES FOR HYDRAULIC CAPACITY NO. 1 (CIP 07703) WITH TETRA TECH, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) 3 1/28/2010 10. PERSONAL SERVICES AGREEMENT FOR CIVIL ENGINEERING SERVICES FOR HYDRAULIC CAPACITY NO. 6 (CIP 07703) WITH TETRA TECH, APPROVED (600.30) West Curry, Assistant Utilities Director, responded to questions. Council Comment. • Preference in removing Lim and Nascimiento Engineering (LAN) from the City's Master Plan List of consultants and replace by a firm who does competent work. ■ Staff to provide status report as to whether there's any follow up on the funds spent for the preliminary design work to LAN Engineering. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to approve a Personal Services Agreement with Tetra Tech for Civil Engineering Services for Hydraulic Capacity Project No.6 (CIP 07703); and City Manager authorized to execute the agreement. 11. AGREEMENT 10-04-0044 FOR SEWER INSPECTION AND CLEANING SERVICE WITH SOUTH COAST WATER DISTRICT, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) West Curry, Assistant Utilities Director, responded to questions. Council Comment: • Good opportunity to outsource. • Staff directed to bring back a report with cost per foot after South Coast Water District has done work in order to compare costs to industry rates. ■ Advocate staff to receive training for sewer inspection/cleaning. ■ Report back with progress of second vendor in order to have the best price, and have South Coast Water District as a backup. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to approve Agreement 10-04-0044 for sewer inspection and cleaning service with South Coast Water District, with the proviso that staff is to bring back a report with cost per foot after South Coast Water District has done work in order to compare costs to industry rates; advocate staff to receive training for sewer inspections/cleaning; and City Manager authorized to execute the agreement. 4 1/28/2010 PUBLIC HEARINGS: GENERAL PLAN HOUSING ELEMENT CONTINUED TO APRIL 20, 2010 (440.20) Council Action: Moved by Council Member Nielsen, seconded by Council Member Allevato, and carried unanimously to continue the General Plan Housing Element public hearing to April 20, 2010, SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: G1. COMMUNITY DEVELOPMENT DIRECTOR a. APPEAL UPHELD APPROVING SIGN PERMIT (SP) 09-040, RELOCATION OF AN EXISTING MONUMENT SIGN (SITE ENHANCEMENT SERVICES) (410.60) Public Correspondence: ■ C. Lawrence Thomas, Chamber of Commerce, submitted a letter dated January 15, 2010, supporting the appeal. Nick Taylor, Planning Technician, provided a staff report and responded to questions. Public Comment: ■ Brent Forte, Site Enhancement Services, gave a presentation regarding the movement of the monument; submitted pictures; and responded to questions from the Council. ■ Larry Thomas, Chamber of Commerce, spoke in support of the appeal. ■ Tim Aldrich, Weseloh Nissan, spoke regarding hardships due to economy and express desires to work with the City regarding the matter. ■ Tom Lagergren, Irvine Resident, responded to questions from the Council regarding the monument lease. ■ Joanne Marquez, City resident, spoke in favor of the appeal. Council Comment: ■ In favor of Nissan moving the sign, need to support businesses in town. ■ Felt that the sign is consistent with other dealer signs in town. ■ Should not put a time limit on the sign. ■ Felt that approving the sign to be moved would not set a precedent as is an already existing sign that has been previously approved. 5 1/2812010 Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Nielsen, and carried unanimously to uphold the appeal and approve Sign Permit (SP) 09-040, relocating an existing monument sign from a closed Nissan Dealership to the new location at 33611. Camino Capistrano. based on the findings that: 1) the sign does meet the Municipal Code requirements. 2) the sign was previously approved. 3) the sign is being moved 1300 feet; and staff directed to bring back to Council a Resolution reflecting said approval. b. STAFF DIRECTED TO PURSUE THE CONCEPT OF USING THE ROGER Y. WIL.LIAMS/SWANNER HOUSE AS A MEETING/EVENT FACILITY WITHIN THE NORTH WEST OPEN SPACE PHASE I PARK PROJECT(910.50) Teri Delcamp, Historic Preservation Manager, provided a staff report and responded to questions. Public Correspondence. ■ John Q. Humphreys, The Villas, submitted a letter dated January 27, 2010, concerned with the impacts to his business if the City opens a wedding facility. Public Comment: ■ Tony Brown, City resident, felt that the City would be competing with City businesses. ■ Clint Worthington, City resident, spoke against the City competing with private enterprise. Council Comment: ■ In favor of concept, City needs to maximize their properties. ■ Preference in not only using as a wedding venue, but also to hold meetings. City is in the property leasing business, not in the wedding business. ■ Unique historic site that should be exposed to the public as a place to hold meetings (like La Sala building); including City tours. ■ Preference in the City not going into the wedding business. ■ Staff to come back with total cost and possible revenues. ■ The City needs to be fiscally responsible to take the City's assets and put them to work to generate income. ■ The Community Center is a venue for weddings presently. Council Consensus: Staff directed to pursue the conceptual use as a meeting and event location, and bring back to Council a business case with a total capital cost for implementing the long term use, the cost of annual operations and maintenance, and the real revenue opportunity if used for full use including events and smaller meetings during the week; and staff to consult with local venue operators on their input to the business case. 6 1/28/2010 G2. CITY MANAGER a. STAFF DIRECTED TO MOVE FORWARD WITH MARBELLA LOT 217 AS THE SITE FOR A NEW CITY HALL (910.50) Douglas Dumhart, Economic Development Manager, provided a staff report and responded to questions. Public Comment: ■ Larry Thomas, Chamber of Commerce, felt that the Marbella Site would be a great asset, connecting downtown with that side of the freeway. ■ Scott Barnard, Pacific Western Bank, stated that Pacific West is very interested in selling the property, and spoke regarding the difference in costs between their building and building from scratch. ■ Steve Sandland, Centra Realty Corporation, submitted a presentation to the Council', provided prices to build a new City Hall on Marbella Lot 217; and responded to questions from the Council. ■ Mohammad Mustafa, City resident, felt that bringing City Hall to Marbella Lot 217 would be an opportunity to connect the Marbella area to downtown. ■ Richard Bracamonte, Marbella Plaza Owner, spoke in favor of building a new City Hall on Marbella Lot 217; he felt that it would unify the area to downtown. Council Comment: ■ Felt Marbella site has major access to highways and secondary streets; pedestrian access, proximity to shops and restaurants for employees; proximity to downtown; and it provides visibility in the community. ■ The City already owns the site; no need to take another commercial property out of the tax rolls. ■ Opportunity to have all departments under one roof; and Police Services would be in the heart of town. ■ Property identified by the court as a public institutional site. ■ Possible connection through EI Horno for Police Services and walking to downtown. ■ Need to look for the safety of employees. ■ Need to be creative in order to find funding, like selling surplus land or exchange of property. ■ The feel of downtown can be expanded by building a City Hall in Marbella. ■ Would like the Marbella site to be looked into, but make sure that is not a done deal. ■ Preference in no additional improvements done to current City Hall, except repairs to roof leaks. ■ Area is approachable from three sites, possibility to open El Horno through. ■ Felt Valle Road is economically attractive and a faster move. ■ Serra Plaza Buildings are too small. ■ Need to go out to bid in order to get the best price possible. ■ Preference in forming a subcommittee to work with staff on financial feasibility and to look at funding options. 7 1/2812010 Council Action: Moved by Council Member Nielsen, seconded by Council Member Allevato, and carried unanimously to direct staff to move forward with the Marbella Lot 217 as the preferred site for a new City Hall; and establish an Ad -Hoc Committee to work with staff on financial feasibility and options for funding. b. RESOLUTION NO. 10-01-28-02 ADOPTED AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO WAIVE THE FORMAL BIDING PROCESS FOR AN EMERGENCY INSTALLATION OF A GRANULATED ACTIVATED CARBON SYSTEM FOR THE REMOVAL OF MTBE FROM THE CITY'S DRINKING WATER Council Comment: ■ Need to take care of the City's drinking water. ■ Litigation should always be the last option, but priority is to deliver safe water to residents. ■ The City is wasting resources by not producing water as it should. Council Action: Moved by Council Member Nielsen, seconded by Mayor Uso, and carried unanimously - to adopt Resolution No. 10-01-28-02 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO WAIVE THE FORMA. BIDDING PROCESS AS AN EMERGENCY CONDITION, DECLARING THE NECESSITY THEREOF, AND AUTHORIZING STAFF TO PROCEED WITH EMERGENCY INSTALLATION OF A GRANULATED ACTIVATED CARBON SYSTEM FOR THE REMOVAL OF MTBE FROM THE CITY'S DRINKING WATER" ORDINANCES: None COUNCILMANIC ITEMS: 1. PROPOSED ACTIVITIES FOR THE 50TH ANNIVERSARY CELEBRATION YEAR, RECEIVED AND FILED (620.10) Cindy Russell, Assistant City Manager, provided a staff report and responded to questions. Council Comment: ■ Cox Cable should be notified in order to promote. ■ 50th Anniversary is a special one-time event; would support fee waivers and funding if necessary. ■ Chamber of Commerce should take a greater leadership and get the business community to support event. 8 1/28/2010 Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried unanimously to expect fee waivers and street closures from the 50th Birthday Celebration Committee; and staff to be available to the 50th Birthday Celebration Committee in order to go through the process properly. Council Member Freese brought up to the Council's attention a group of South County Water Districts Agencies called "The Group of Six'; she mentioned that this matter will be coming to a future Council meeting for discussion. Council Member Nielsen stated that he looks forward for this matter to come to the City Council, and clarified that the City has not taken any position at this time. 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. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None ADJOURNMENT: There being no further business, Mayor Uso adjourned 11:5nou`( .m. to Tuesday, February 2, 2010 at Closi n, and 6:30 p.m. for the public Business City l C amber. , CITY Approved: February 1 0 the meeting at 5:30 p.m. for Session, in the 9 1/28/2010 NOTICE OF SPECIAL MEETING SAN JUAN CAPISTRANO CITY COUNCIL The City of San Juan Capistrano, California, hereby gives notice that a Special Meeting of th . City o San Juan Capistrano City Council will be held on Thursday, January 28, 20 t 6: p.m,, in the City Council Chamber, 32400 Paseo AdeCanto, San Juan C / pis r o alifornia. a V,*i4, City Cie Date: January 20, 2010 STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO } I hereby certify that a copy of the Notice of Special Meeting of the City of San Juan Capistrano City Council, to be held on Thursday, January 28, 2010 at 6:00 p.m., was mailed and/or sent via fax transmittal, or personally delivered not less than twenty-four hours before the meeting. Dr. Londres Uso Mayor Laura Freese, Mayor pro tem Sam Allevato, Council Member Tom Nribar, Council Member Mark Nielsen„ Council Member The Register Capistrano Valley News Capistrano Dispatch Los A c eles Times penalty of perjury that the foregoing is true and correct. N ria frit, Cily Clem City o San an Capis r ono Date: January 20, 2010 NOTICE OF A CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, continued the following Public Hearing Consideration of General Plan Housing Element From the Special Meeting of January 28, 2010, 6:00 p.m., to the Regular Meeting to be held April 20, 2010 at 6:30 p.m. in the City Council Chamber, 32400 Paseo Adelanto, San Juri Capistrano. DATI�D: A�JJ;ar uary 29, 2010 MaridNor RICity Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at or near the door of the City Council chamber on Janua%29,n201,P within 24 hours of adjournment of the above-named meeting. of perjury that the foregoing is true and correct. Mari".ahl•is.ICitv�Clerk