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10-0803_CC_Minutes_Regular MeetingMINUTES August 3, 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 at 6:36 p.m. in the City Council Chamber, Council Member Hribar led the Pledge of Allegiance and Council Member Nielsen gave the invocation. ROLL CALL 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: ■ Mandatory Settlement Meeting with Caltrans. ■ Meeting with residents regarding Distrito La Novia. • Steering Committee meeting on Downtown Master Plan. ■ Orange County Fire Authority Meeting. ■ Discussions continuing with Walmart & Home Depot. at Chamber Installation Banquet and Citizen of the Year to Brad Gates. OPEN SPACE COMMITTEE REPORT Council Member Nielsen reported that the next Open Space meeting will be held on Monday, August 2, 2010; and provided an update on funding opportunities, Master Plan and Continuing Life Communities plan. Troy Bourne provided a PowerPoint presentation regarding the.Continuing Life Communities plan, and an alternate proposal to the option. Council Comment: • Suggestion to form a Council Subcommittee to review the issues with the rail crossing. Council Action: moved by Council Member Hribar and carried unanimously to appoint Mayor pro tem Freese and Council Member Allevato to an Ad -Hoc Subcommittee to review the proposed changes to the Continuing Life Communities Option. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: ■ "Farmer's Market". ■ Montanez Adobe Reception. ■ "Music Under the Stars" featuring Dean Colley. ■ Chamber of Commerce and Hidden House Coffee to host a mixer. • "Sumer Nites Concert", INTRODUCTIONS AND PRESENTATIONS SARAH AND DAVID AGUILAR RECOGNIZED AS YOUTHS OF THE YEAR. (10.40) Mayor Uso recognized Sarah and David Aguilar for their outstanding academic and community service efforts, and presented them with plaques of appreciation. Steve LaMont, Representative from Assemblywoman Diane Harkey's office provided a plaque of recognition. Youth Advisory Board members Frida Valji and Tara Lanigan provided certifications of appreciation. 2. JORDAN PARKHURST RECOGNIZED FOR HER EFFORTS TO BENEFIT HOMELESS ANIMALS (610.40) Mayor Uso recognized Jordan Parkhurst for her efforts to benefit lost, homeless animals rescued by The Ark of San Juan Capistrano. Steve LaMont, Representative from Assemblywoman Diane Harkey's office, provided a plaque of recognition. 3. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE; Dan Merkle, Utilities Commission; Matt Gaffney, Transportation Commission; Jill Hanna and Ilse Byrnes, Parks, Recreation & Equestrian Commission; Gerald Muir, Tara Lanigan, and Fari Valji, Youth Advisory Board; Larry Kramer, Transportation Commission; Jeff Parkhurst, Design Review Committee; Orange County Fire Authority Battalion Chief, Terry Scortt; 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. • Jim Reardon, City resident, spoke on transparency and asked for clarification on the Meadows project. Adam Maywhort, City resident, expressed concern with current Special Activities Permit process and needing to update the code for consistency. Mayor Uso ask to agendize lack of consistency with City Policies. ■ Art Guevara, City resident, expressed that Sart Juan Capistrano is a friendly City and the need to discourage bad city publicity in the local papers. ■ Mike Mathewson, City resident, spoke on issues with Camino Lacouague and the need to have a safe pedestrian route. 2 $13/2010 • Joe Soto, City resident, spoke on CREER and having a united community; expressed concerns with having fair rental rates on City license agreements; and supported agendized fee waivers. ■ Alberto Barrera, City resident, spoke on the proposed Ecology Center Agreement and requested information for all current City rental agreements for all. non -profits. Christy Jakl, Deputy City Clerk took his information in order to assist him. • Richard Ybarra, City resident, expressed concern over fairness with the CREER rental agreement; questioned the current rental agreement policies and supported the agendized fee waivers. • Tony Brown, City resident, requested that the City be a "Rule -of -Law" city; expressed support for the E -verify program; asked for staff to contact him regarding E -verify. Joe Tait, City Manager, offered to contact Mr. Brown. ■ Orrie Brown, City resident, read from an article on Maywood, California regarding illegal immigration issues; expressed concern with CREER and La Raza. • Kim McCarthy, City resident, spoke on "Rule -of -Law" city; expressed concern with CREER's agreement and the affiliation of La Rasa and OCCO. IF Shelby Cunningham, City resident, expressed concerns with safety within her neighborhood. • Dusty Otero, City resident, spoke on his Native American heritage and authenticity. ■ Nampet Pan ichpant-Michelsen, U.S. Census Bureau Representative presented the City with a certificate of appreciation for their efforts with the 2010 Census. • Jim Sorensen, City resident, spoke on transparency; concerns with access of available information on the City's website. • Clint Worthington, City Resident, expressed concern with the City's liability related to railroad crossings and quiet zone's. • Ofilia Morgan, City Resident, expressed concern with immigration and lack of job opportunities. CONSENT CALENDAR: Council Action: Moved by Council Member Allevato, seconded by Council Member Hribar, and carried unanimously to approve consent calendar items 1 through 3, 5, 6, 8, 9, 11, 13 and 14 as recommended by staff, Motion to Read Ordinance by Title Only 2. CITY COUNCIL, MINUTES — ADJOURNED REGULAR MEETING OF JUNE 22, 2010, (BUDGET), APPROVED 3. CITY COUNCIL MINUTES — SPECIAL MEETING OF JULY 20, 2010, (CLOSED SESSION), APPROVED 4. CITY COUNCIL MINUTES — REGULAR MEETING OF JULY 20, 2010, APPROVED AS REVISED Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to revise the minutes to include as follows: page 3, Public Comments for Ray Poulter "indicated that he was as confused and surprised as the City Council by the letter submitted by his attorney 3 8/3/2010 Robert S. Coldren, Hart, King & Coldren"; and page 3, after the Council Action "Omar Sandoval, City Attorney, confirmed that the City will respond to the letter submitted by Robert S. Coldren, Hart, King & Coldren, and dispute the assertions." 5. ACCOUNTS PAYABLE WARRANTS DATED JULY 15, IN THE TOTAL AMOUNT OF $4,024,291.20 (300.30) 6. CASH BALANCES BY FUND — JUNE 30, 2010, RECEIVED AND FILED (330.50) 7. NEVA DEVELOPMENT APPLICATIONS STATUS REPORT FOR PERIOD ENDING JULY 15, 2010, RECEIVED AND FILED (440.10) Grant Taylor, Development Services Director, provided a staff report and responded to questions. Council Comment: • Council is deeply committed to economic development of the City and its starting to show. • Chrysler -Jeep dealership. has online sales and does not need as much space as other dealers. Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried unanimously to receive and file New Development Application Status Report for period ending July 15, 2010. 8. PERSONAL SERVICES AGREEMENT WITH HUITT-ZOLLARS, INC. FOR PREPARATION OF PLANS AND SPECIFICATIONS, AND COST ESTIMATES FOR THE LEMON GROVE ACCESS ROAD IMPROVEMENTS IN THE AMOUNT NOT TO EXCEED $98,945, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (CIP NO. 11202) (600.30) 9. RESOLUTION NO. 10-08-03-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS TO THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM"; AND REVISIONS TO THE OWNER -OCCUPIED REHABILITATION GUIDELINES8, APPROVED; AND DEPUTY CITY MANAGER AUTHORIZED TO MAKE ADDITIONAL REVISIONS TO THE GUIDELINES AS NECESSARY TO SATISFY THE 2010 STATE -HOME PROGRAM APPLICATION REQUIREMENTS (430.40) 4 8/312010 10. STAFF DIRECTED TO BRING BACK TO COUNCIL THE PURCHASE OF HACH WATER INFORMATION MANAGEMENT SOLUTION (HACH WIMS) SOFTWARE PACKAGE (370.30) West Curry, Assistant Utilities Director, responded to questions, Council Comment: • As the contract is written, the statement of work will be prepared at a later time; not comfortable that all the services may not be completed within the stated price. • Need to have a fixed price on committed services. • Suggested to attach reports with the agreement. • Preference in removing the language regarding the statement of work to be determined. • They need to be committed to a fixed price to provide everything listed, including items within the statement of work. • Staff directed to make corrections and suggested for Councilmember Nielsen to review the contract before it comes back to Council for consideration. 11. PLANS AND SPECIFICATIONS FOR HYDRAULIC CAPACITY PROJECT NO. 6 (CIP 07703) (TETRA TECH), APPROVED (600.30) 12. PURCHASE OF THREE NEW JPL-1850V LAKOS SAND SEPARATORS FROM MID -WEST ASSOCIATES, APPROVED; AND NO FORMAL BID PROCEDURE REQUIRED PER MUNICIPAL CODE 3-4.305 (370.30) West Curry, Assistant Utilities Director, responded to questions. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to approve the purchase of three new JPL--1850V Lakos Sand Separators from Mid -West Associates; and no formal bid procedure required per Municipal Code 3-4.305. 13. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR THE 2010-2011 ANNUAL COST -SHARE BUDGET FOR THE SOUTH ORANGE COUNTY WATERSHED MANAGEMENT AREA, APPROVED (600.50) 14. RESOLUTION NO. 10-08-03-02 ADOPTED ENTITLED °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK COMPLETED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR DEL OBISPO STREET WIDENING FROM 300 FT SOUTH OF CALLE ASPERO TO AGUACATE (PETERSON -CHASE) (CIP NO. 07101/CIP NO 07106); COST ADJUSTMENTS OF $85,644.26; CITY CLERK DIRECTED TO PROCESS THE RECORDING OF PROJECT NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% 5 8/3/2010 RETENTION, IN THE AMOUNT OF $111,299.41, THIRTY FIVE DAYS AFTER RECORDATION (600.30) PUBLIC HEARINGS: 1. RESOLUTION NO. 10-08-03-03 ADOPTED CONFIRMING THE COST REPORT FOR THE 2010 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO; AND AUTHORIZED THE ORANGE COUNTY AUDITOR - CONTROLLER'S OFFICE TO INCLUDE THE ASSESSMENTS OF (NEED ABATEMENT COSTS ON THE PROPERTY TAX ROLL. (540.70) Public Correspondence: • David J. Moss, City resident, submitted e-mails dated July 25, 2010 and August 1, 2010, in opposition to the weed abatement process and charges. Nasser Abbaszadeh, Public Works Director, provided a staff report and responded to questions. Jill Thomas, Senior Management Analyst, and Ed Stewart, Ed Stewart & Associates, responded to questions. Mayor Uso open the public hearing and invited testimony. Public Testimony: • David J. Moss, City resident, spoke in opposition to the weed abatement process and charges. Mayor Uso closed the public hearing. Council Comments: • Suggested that the City Manager should negotiate with Mr. Moss. • Felt it is a safety and beautification issue and favored staff recommendation. • Notification problems have not been an issue in the past. • Ed Stewart & Associates has been an excellent vendor to the City. • Suggested for staff to receive verification that residents received final notices. • Suggested to look into pricing on a time basis instead of by square footage. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Allevato, and carried unanimously to adopt Resolution No. 10- 08-03-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2010 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO"; and authorized the Orange County Auditor -Controller's office to include the assessments of weed abatement costs on the property tax roll. 6 813/2010 2. GENERAL PLAN AMENDMENT (GPA) 07-01, REZONE (RZ) 07-01, TENTATIVE TRACT MAP (TTM) 17280, ARCHITECTURAL CONTROL (AC) 07-14, GRADING PLAN MODIFICATION (GPM) 07-01; AND DEVELOPMENT AGREEMENT FOR DISTRITO LA NOVIA-SAN JUAN MEADOWS, CONTINUED TO AUGUST 12, 2010 (460.201440201420.40) Public Correspondence: • Sally Rather, City resident, submitted an e-mail dated July 8, 2010, in opposition to the proposed development. • Marsha Norman, City resident, submitted an e-mail dated July 26, 2010, in opposition to the proposed development. • Gus Costalas, City resident, submitted a letter dated July 28, 2010, in opposition to the proposed development. • David Swerdlin, City resident, submitted an e-mail dated July 29, 2010, in opposition to the proposed commercial stable development. William A. Ramsey, Principal Planner, recommended that the City Council continue the public hearing to August 12, 2010. Council Action: Moved by Council Member Allevato, seconded by Council Member Hribar, and carried unanimously to continue the public hearing to August 12, 2010. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: G1. CITY MANAGER a. DISCUSSION OF AN APPROVAL OF REQUEST FOR PROPOSAL FOR ANNUAL AUDITING SERVICES (600.30) Cindy Russell, Chief Financial Officer, provided information and responded to questions. Council Comments: • Preference for future contracts to be for a three year term with two one year extension options. b. AGREEMENT FOR SCHOOL CROSSING GUARD SERVICES WITH AMERICAN GUARD SERVICES, APPROVED (600.30). Michael Cantor, Senior Management Analyst, responded to questions. Public Comments: 7 8/3/2010 • Patricia Pohl, All City Management Services, Inc. Representative, provided information on their services, asked for approval of staff recommendation and responded to questions. Council Comments: • Suggestion to go with the lowest bidder. • All City Managements hourly rate for a 3 hour maximum is significantly higher than the other competitors. • American Guard Services has strong references; preference to go with American Guard Services. • Council has a financial responsibility to the City. • Thanked All City Management for their years of service. Council Motion: Moved by Mayor Uso, seconded by Council Member Nielsen, and carried unanimously to approve an agreement with American Guard Services in the amount of $124,000.00 for serving seven (7) crossing guard locations from September 7, 2010, through July 30, 2012. C. DISCUSSION OF CITY MAINTENANCE YARD LOCATION (240.20) Council Member Nielsen reported information from the Open Space Committee meeting regarding this issue. Steve Apple, Deputy City Manager, Nasser Abbaszadeh, Public Works Director and West Curry, Assistant Utilities Director responded to questions. Council Comments: • Preference for open space not to be used for a maintenance yard. • There is a need to find a solution; whatever solution is picked, there will be compromises. • With the current budget there needs to be flexibility. • The current Care Taker location is out of site and should only be an interim. use. • Do not feel there is any urgency at this time to find a maintenance yard. • The City has taken criticism on open space issues; there are different opinions on the uses for the open space and no one views it for the purposes of a maintenance yard or recreational vehicle storage. • Cannot ask residents to pay for a maintenance yard on City purchased open space. • Suggested to look into the Kinoshita area. • Suggested to look into other ways of storing city materials. • Expressed concern with the dirt being stored at the Camp Cookie site. • Suggested to dump the stored dirt at the Lower Rosan site. • Preference to leave the maintenance yard at the Care Takers site. • Suggested to use Descanso Park, it is on a dead end street, would save staff trips, and the park is being used less with the nearby Los Rios Park now available. 8 5/3/2010 * Felt that a maintenance yard should not be located in the northwest open space area. * Need to look at what is appropriate to store on the maintenance yard. * Felt that urgency is needed because of incoming grants for open space. * Concerned with maintenance yard being next to designated open space. * Need to look into what materials the City subcontractors are dumping at the current sites. * Suggested to look at the City having their own landfill or dump to meet diversion goals for recycling; many of the materials being dumped currently need to meet these goals. * Concerned with dirt being. stored at Lower Rosan property near residential areas. * Concerned with dirt being stored on acquired Rancho Mission Viejo property. * Preference to use non -purchased open space for the maintenance yard or dirt storage such as land near some of the well sites. * Lower Rosan and Lemon Grove properties need to be raised; may be appropriate to dump fill dirt at those sites. * Northwest entrance into the City is looking unpleasant. * Losing Descanso Park could pose problems and negative public response. * Suggested to store materials in parking lot behind City Hall. * There is a need for a short term and long term solution. * Suggested to use the one acre parcel next to Los Rios Park as a temporary solution. * Felt that the only option at this time is to use open space or Descanso Park. * Suggested to work with the County for a solution. * Preference to continue using the current Care Taker site. * Suggested to store dirt at Lower Rosan site as a temporary solution; and provide direction to staff to remove stored dirt from Camp Cookie Site. 1'� Council Motion: Moved by Mayor Uso, seconded by Mayor pro tem Freese, and carried 4-1 with Council Member Hribar opposed to direct staff to work with the County of Orange to explore the option of using a portion of Descanso Park for the use of a maintenance yard while still maintaining a portion of the park for public use. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Nielsen, Freese and Mayor Uso NOES: COUNCIL MEMBER: Hribar ABSENT: COUNCIL MEMBER: None 2nd Council Motion: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously to use the Lower Rosan Ranch property for processing and storage of dirt and to store the dirt away from the surrounding residential areas; and staff directed to remove the dirt from the northwest open space area (Camp Cookie site). G2. COMMUNITY SERVICES DIRECTOR 9 8!312010 a. LICENSE AGREEMENT FOR USE OF PORTION OF THE LACOUAGUE BUILDING; AND FEE WAIVER FOR THE NYDEGGER BUILDING, APPROVED (VETERANS OF FOREIGN WARS) (600,301390.30) Karen Crocker, Community Services Director, provided a staff report and responded to questions. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Freese, and carried unanimously to approve the License Agreement with the Veterans of Foreign Wars for use of portion of the Lacouague Building in the Old Fire Station Complex for administrative purposes only; and approval of a fee waiver for use of the Nydegger Building to hold monthly meetings, b. LICENSE AGREEMENT FOR USE OF A PORTION OF THE OLD FIRE STATION COMPLEX GARAGE; AND FEE WAIVER FOR THE NYDEGGER BUILDING, APPROVED (AMERICAN LEGION) (600.30/390.30) Public Correspondence: • Don Sovie, American Legion Member, submitted a letter dated August 3, 2010, supporting the approval of the fee waiver. Karen Crocker, Community Services Director, provided a staff report and responded to questions. Public Comments: • Matt Gaffney, City resident and Veterans of Foreign Wars member, spoke on the organization and asked for Council's support to approve the agreement with Veterans of Foreign Wars and fee waiver. • Richard Hill Adams, City Resident and American Legion Representative, spoke on the organization and asked for Council's support to approve the agreement with American Legion and fee waiver. Council Comments: • The current criteria to waive fees is vague; preference for staff to bring back the policy. • Do not want to balance the City's budget through charging non -profits. • Expressed support for the fee waiver. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Allevato, and carried unanimously to approve the License Agreement with the American Legion for use of portion of the Old Fire Station Complex for administrative purposes only; and approval of a fee waiver for use of the Nydegger Building to hold monthly meetings. G3. DEVELOPMENT SERVICES 10 8/3/2010 a. CONSIDERATION OF EXPANDED DEVELOPMENT PROJECT NOTIFICATION POLICY CONSISTENT WITH STATE LAW AND ALL EXISTING STANDARDS SET FORTH IN MUNICIPAL CODE SECTION 9-2.302, CONTINUED TO A FUTURE MEETING (150.10) ORDINANCES: None COUNCILMANIC ITEMS: 1. COUNCIL MEMBER NIELSEN SELECTED AS THE VOTING DELEGATE; COUNCIL MEMBER HRIBAR SELECTED AS ALTERNATE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES 2010 ANNUAL CONFERENCE (140.20) 2. CONSIDERATION OF A VACANCY IN THE CITIZENS' BOND OVERSIGHT . COMMITTEE, CONTINUED TO A FUTURE MEETING (110.20) 3. DISCUSSION OF THE CITY COUNCIL COMPENSATION AND CITY MANGER/UTILITIES DIRECTOR CONTRACT (000.301700.20) Joe Tait, City Manager and Cindy Russell, Chief Financial Officer, responded to questions. Public Comments: • Jim Sorensen, City resident, expressed concern with the City Manager/Utilities Director positions; the 45% overhead for employee benefits; pension plans; and prodded a list of questions for response. • Dan Merkle, City resident, spoke in favor of the City Managers contract and commented on the work he has performed. • Ray Miller, City resident, spoke in favor of the City Managers contract. • Brad Gates, City resident, felt issues with other cities did not apply; and expressed support for the City Managers contract and what he has done for the City. Council Comments: • Felt Council Members spend more of their own money out to attend functions, closed session dinners, etc. • Joe Tait did a tremendous job when contracted to reorganize the Utilities Department and felt his services could be utilized throughout the entire organization. • Felt they made a wise choice to hire Joe Tait for his services. • Hiring Joe Tait as the City Manager and Utilities Director has saved the City money. • Benefits within the public sector tend to be high; the percentage of Police benefits are higher. • The City Manager is contracted as a consultant; the contract does not pay benefits, retirement or any ongoing costs. • Felt that the City is ahead of the curve in keeping costs down for these services. 11 8/3/2010 • The Government Code regulates pay scales for General Law Cities; City Council is being paid below the allowed amount. • Felt the employee pay scale is accurate for San Juan Capistrano's population. • Would be difficult to move out of the Orange County Employees Retirement System. ADJOURNMENT: There being no further business, Mayor Uso adjourned the meeting at 12:00 a.m. to Thursday, August 12, 2010, at 5:00 p.m. for an Adjourned Regular meeting; and then to Tuesday, August 17, 2010, at 5:30 p.m. for Closed Session and 6:30 p.m. for the public Business Session in the City Council Chamber. Respectfully submitted, CHRISTY JAKL, UOUTY CITY CLERK Approved: August(t 7;-2010 I.l DR. LONDRES USO, MAYOR 12 8/3/2010