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10-1116_CC_Minutes_Regular MeetingMINUTES November 16, 2010 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Uso called the Regular Meeting of the City Council to order at 5:32 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen, Mayor pro tem Freese, and Mayor Dr. Londres Uso COUNCIL MEMBERS ABSENT: None PUBLIC COMMENT: None CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: a. Pursuant to Government Code Section 54957, the City Council conducted a.public employee performance evaluation of the City Manager. b. Pursuant to Government Code section 54957.6, the City Council conferred with its labor negotiator (Council Committee) as to the salary of the City Manager (unrepresented employee). c. Pursuant to Government Code section 54957.6, the City Council conferred with its labor negotiator (City Manager) as to the memoranda of understanding with represented employees, including salaries and fringe benefits. The affected bargaining units are San Juan Capistrano Classified Employees Association and San Juan Capistrano Management and Professional Employees Association. d. Pursuant to Government Code Section 54956.9(b), the City Council conferred with legal counsel pertaining to an item of significant exposure to litigation pertaining to facts or circumstances not yet known to a potential plaintiff. e. Pursuant to Government Code Section 54956.8, the City Council meet with its Real Property Negotiator (City Manager) concerning the price and terms of payment for the purchase, sale, exchange or lease of certain real property known as 31910 and 31920 Del Obispo (Serra Plaza), in the City of San Juan Capistrano, California. The property owner's negotiating party is Bill Griffith of Rivendell Land Company, Inc. BUSINESS SESSION: Mayor Uso called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:47 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 Freese, and Mayor Dr. Londres 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. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: No reportable actions took place in Closed Session. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: ■ Southern California Association of Governments (SCAG) meeting. ■ Toll Road Agency meetings. • San Margaret's Performing Arts ground -breaking ceremony. ■ League of California Cities meeting. • Veteran's Day Ceremony. ■ Leadership Academy Graduation. 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: ■ San Juan Capistrano's Farmer's Market. ■ Free Flu Vaccines for adults 50+ at the Community Center. • Tour of San Juan Hills High School, hosted by League of Women Voters. • Volunteers welcomed to join the "Los Rios Angels". ■ 28th Annual Boys & Girls Club Auction, held at Laguna Cliffs Marriott Resort. ■ "Greetings" pay at the Camino Real Playhouse. • Annual Tree Lighting Ceremony. • Mission Celebration of the Tree Lighting Ceremony. INTRODUCTIONS AND PRESENTATIONS 1. COMMUNITY RESPONSE TEAM (CERT) 2010 GRADUATES PRESENTED WITH CERTIFICATES OF APPRECIATION (610.40) Michael Cantor, Senior Management Analyst, recognized the 2010 graduates of the Community Response Team program, and Joe Lopez, Dwayne Anstead, Derrell YeeLitt, Deborah YeeLitt, and Neal McAllister, recognized for receiving the President Volunteer Award; and Mayor Uso presented the graduates with Certificates of Appreciation. 2 11/16/2010 2. ROY NUNN PRESENTED WITH THE JOHN R. WILLIAMS AWARD (610.40) Mayor Uso recognized Roy Nunn for his personal commitment, involvement and spirit of citizen involvement and participation in community and government affairs, and presented him with the John R. Williams Award. 3. JEREMY MEDLIN, MAINTENANCE WORKER, RECOGNIZED FOR 10 YEARS OF SERVICE. Mayor Uso recognized Jeremy Medlin, Maintenance Worker, for ten years of service. 4. PRESENTATION FROM SAN DIEGO GAS & ELECTRIC (SDG&E) REGARDING ELECTRIC SMART METERS (1010.10) Duane Caves, SDG&E, provided a PowerPoint presentation on the installation of smart meters. 5. LA PATA AVENUE GAP CLOSURE AND CAM,INO DEL RIO EXTENSION PROJECT UPDATE (610.40) Les Card, LSA Associates, provided an update on the Pata Avenue GAP closure and Camino Del Rio extension project. 6. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Alberto Barrera and Gerald Muir, Youth Advisory Board; Jim Mocalis, Planning Commission; Jean Savage, Transportation Commission; Jan Siegel, Cultural & Heritage Commission; Jill Hanna, Parks, Recreation and Equestrian Commission; Bob Cardoza, Design Review Committee; Dorthea Love, League of Women Voters; Council Elect Larry Kramer and John Taylor; 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. Mamie Maywhort, City resident, asked the Council to discontinue doing payroll in-house, asked to eliminate overtime, and discontinue paying 100% of medical benefits; and provided a handout. Adam Maywhort, spoke regarding the Distrito La Novia Referendum, and the possibility of making changes to the project in order to avoid a Special Election. M Greg Sykes, and Larry Kramer, representing the Rotary Club, presented the City with a check for $3,383 for a portion of the City's net proceeds from the "Ridgewalk Run and Poker Run"; and recognized those who were instrumental in the event. John Perry, City resident, expressed concern regarding a mailer received in water bill regarding failure to monitor drinking water standards during 2008-09; and wanted to know if resolution 06-03--21-01 opposing activity that hinders or infringes 3 11116/2010 on the constitutional and state granted rights of election related signature gathers, was still in effect. Valerie A. Johnson, spoke regarding lack of street signage in the Little Hollywood neighborhood; Sheriff's Department not having addresses in their system; and requested patrol services for gang related activities and petty thefts. 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, 6, and 8 as recommended by staff. 1. Motion to Read Ordinance by Title Only 2. CITY COUNCIL MINUTES — REGULAR MEETING OF NOVEMBER 2, 2010, APPROVED AS SUBMITTED. 3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF OCTOBER 20, 2010 (LONG TERM VISION/STRATEGIC PLAN), APPROVED AS SUBMITTED 4. CLAIM OF NENITA CANEJA DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 5. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 7, 2010, IN THE AMOUNT OF $2,094,640.58, AND DATED OCTOBER 21, 2010, IN THE AMOUNT OF $1,506,705.85; AND PAYROLL WARRANTS DATED OCTOBER 1, 2010, IN THE TOTAL AMOUNT OF $181,448.33, AND OCTOBER 14, 2010, IN THE TOTAL AMOUNT OF $180,076.51, RECEIVE AND FILED (300.30) Cindy Russell, Chief Financial Officer/Treasurer, responded to questions. Council Comments: • Preference in supporting City businesses by using Buy My Bikes in the future rather than outside vendors. Council Motion: Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and carried unanimously to receive and file. 6. REPORT OF INVESTMENTS DATED AUGUST AND SEPTEMBER 2010, RECEIVED AND FILED (350.30) 4 11/16/2010 7. MILLS ACT CONTRACT FOR FUTURE EXECUTION WITH A PRIVATE PROPERTY OWNER AND RECORDATION UPON TRANSFER OF OWNERSHIP FOR THE MAINTENANCE AND PRESERVATION OF THE HARRISON HOUSE AND MIGUEL PARRA ADOBE OF HISTORIC AND CULTURAL LANDMARK AND NATIONAL REGISTER, APPROVED Teri Delcamp, Historical Preservation Manager, responded to questions. Council Motion: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously to approve a Mills Act Contract for future execution with a private property owner and recordation upon transfer of ownership for the maintenance and preservation of the Harrison House and Miguel Parra Adobe of Historic and Cultural Landmark and National Register. 8, 3RD QUARTER REPORT FROM DEREK OSTENSEN & ASSOCIATES FOR GRANT WRITING AND OPEN SPACE CONSERVATION SERVICES RELATED TO THE CITY'S OPEN SPACE ACQUISITION AND HABITAT RESTORATION EFFORTS, RECEIVED AND FILED (600.30) 9. STAFF AUTHORIZED TO ISSUE BUILDING PERMITS FOR THE PASEO DE VERDUGO PROJECT AND DEFER ALL CITY RELATED BUILDING FEES UNTIL MAY 16, 2011 OR DEVELOPER NOTIFIES THE CITY AND THE AGENCY THAT THEY ARE READY TO COMMENCE CONSTRUCTION WHICHEVER IS EARLIER; AND BUILDING PERMITS TO BE HELD IN A PENDING STATUS AND NO CONSTRUCTION TO BEGIN ON THE PROJECT UNTIL ALL BUILDING PERMIT FEES ARE PAID (450.60) Cindy Russell, Chief Financial Officer/Treasurer, responded to questions. Council Comments: Preference in requesting a deferral on the Transportation Corridor Authority (TCA) fees. Council Motion: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to authorize staff to issue the building permits for Paseo de Verdugo and all City related building permit fees deferred until May 16, 2011 or the developer notifies the City and the Agency that they are ready to commence construction, whichever is earlier; building permits to be held in a pending status and no construction to begin on the project until all building permit fees are paid; with the proviso that the City make a request to the Transportation Corridor Agency (TCA) to defer payment of their fees until such time as the City collects its fees. 5 11/16/2010 10. RESOLUTION NO 10-11-16-01 ADOPTED AMENDING RESOLUTION NO 09-02-17-01, ESTABLISHING MEMBERSHIP REQUIREMENTS FOR CITY COUNCIL APPOINTED COMMISSIONS AND BOARDS (110.20) Council Comments: • Preference in adding to the resolution language that the initial membership formation of the Public Lands, Trails and Equestrian Commission shall consist of no more than three (3) members of the City's current Open Space Ad -Hoc Committee and no more than three (3) members from the current Parks, Recreation, and Equestrian Commission. • Preference in not tying the hands of future City Council Members; need to clarify within the resolution that a quorum is compressed of at least 51% of the members; and preference in changing the name of the Public Lands, Trails and Equestrian Commission to Open Space, Trails and Equestrian Commission. Council Motion: Moved by Council Member Nielsen, and failed for a lack of a second to add language to the resolution that the initial membership formation of the Public Lands, Trails and Equestrian Commission shall consist of no more than three (3) members of the City's current Open Space Ad -Hoc Committee and no more than three (3) members from the current Parks, Recreation, and Equestrian Commission. Council Motion: Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and carried 4-1 with Council Member Hribar opposed to adopt a RESOLUTION NO. 10-11-16-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 09-02-17-01, ESTABLISHING MEMBERSHIP REQUIREMENTS FOR CITY COUNCIL APPOINTED COMMISSIONS AND BOARDS"; and adding a. provision that a majority of the number of appointed members for each of the foregoing commissions shall constitute a quorum for the transition of business of each commission. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Nielsen, Freese and Mayor Uso NOES: COUNCIL MEMBER: Hribar ABSENT: COUNCIL MEMBER: None Council Motion on Reconsideration: Moved by Council Member Nielsen, seconded by Council Member Allevato, and carried unanimously bring back item for discussion and amend RESOLUTION No. 10.11-16-01 by changing the name of the Public Lands, Trails and Equestrian Commission to Open Space, Trails and Equestrian Commission. 6 11/16/2010 PUBLIC HEARINGS: 1. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2010 CALIFORNIA BUILDING CODE AND OTHER RELATED CODES (450.30) Brett Caulder, Building and Code Enforcement Services Manager, provided a staff report and responded to questions. Dennis Grubbs, Orange County Fire Authority, responded to questions. Mayor Uso opened the public hearing and invited testimony. Public Comments: Marsha Norman, City resident, asked the City Council to keep safety in mind, and to respect the fire authority's recommendations. Mayor Uso closed the public hearing. Council Comments: • Not in favor in requiring the installation of automatic fire sprinklers for a home addition, due to the bad economy. • Preference in changing on page 66 the shake roof covering from 50% to 80%; and not requiring the installation of automatic fire sprinklers in the entire house during home additions. • Preference in removing items 2, 3 and 4 from page 9 & 10 (Section 903.2.8 Group R; removing items 6, 7 and 8 from page 64 (R 213.2); and adding under exceptions: Retrofits that are economically not feasible. • Preference in following the Orange County Fire Authority's recommendations, not comfortable with recommended changes. Maria Morris, City Cleric, read the titles of the ordinances. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried 3-2 with Council Member Allevato and Mayor Uso opposed to approve the introduction and first reading on an ordinance entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADOPTING THE 2010 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO"; with the following language removed: under Page 9 & 10, Section 903.2.8 Group R, 2) All existing Group R occupancies and U-1 garages when the total floor area is increase by 50% of the existing area over a 2 -year period. 3) All existing Group R occupancies and U-1 garages when the total area is increased by 750 square feet or more over a 2 -year period. 4) All existing Group R occupancies and U-1 garages when an additional story is added to the structure regardless of the area involved; and page 64, under Section R 313.2, 6) All existing Group R occupancies and U-1 garages when the total floor area is increased by 50% of 7 11/16/2010 the existing area over a 2 -year period. 7) All existing Group R occupancies and U-1 garages when the total area is increased by 750 square feet or more over a 2 -year period. 8) All existing Group R occupancies and U-1 garages when an additional story is added to the structure regardless of the area involved; and with an exception being added for retrofits that are economically not feasible. ROLL CALL: AYES: COUNCIL MEMBER: Hribar, Nielsen and Mayor pro tem Freese NOES: COUNCIL MEMBER: Allevato and Mayor Uso ABSENT: COUNCIL MEMBER: None SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: G1. CITY MANAGER a. STATUS, UPDATE ON THE BLENHEIM FACILITIES MANAGEMENT EXTENSION AGREEMENT, RECEIVED AND FILED (600.30) Council Motion: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously to receive and file a status update on the Blenheim Facilities Management Extension Agreement. 1. ORDINANCE NO. 975: ADOPTED 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) (640.20/440.20/420.40) Public Correspondence: • Marsha Norman, City resident, submitted an e --mail on November 15, 2010, regarding the circulation of the Distrito La Novia/San Juan Meadows referendum petition. Maria Morris, City Cleric, provided an agenda report and . read the title of the ordinance. Council Action: Moved by Council Member Allevato, seconded by Council Member Nielsen, and carried unanimously to adopt Ordinance Not 975, entitled "AN ORDINANCE OF THE CITY COUNCIL 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)" 8 11/16/2010 2. ORDINANCE NO. 975: ADOPTED APPROVING A DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA-SAN JUAN MEADOWS PROJECT (640.201440.201420.40) Public Correspondence: • Marsha Norman, City resident, submitted an e-mail on November 15, 2010, regarding the circulation of the Distrito La Novia/San Juan Meadows referendum petition. Maria Morris, City Clerk, provided a staff report and read the title of the ordinance. Council Action: Moved by Council Member Nielsen, seconded by Council Member Allevato, and carried unanimously to adopt Ordinance No. 976, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, A DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA --SAN JUAN MEADOWS PROJECT" 3. SECOND READING AND RE -INTRODUCTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE ORGANIZING THE OPEN SPACE, TRIALS AND EQUESTRIAN COMMISSION, AND ORGANIZING THE PARKS, RECREATION AND SENIOR SERVICES COMMISSION (920.90) Public Comments: • John Taylor, City Council Elect, expressed preference for the name of Open Space, Trails and Equestrian Commission. • Larry Kramer, City Council Elect, expressed preference for the name of Open Space, Trails and Equestrian Commission. • Marsha Norman, City Resident, had questions regarding the Commission application process Council Comments: • Preference to change the name from Public Lands, Trails and Equestrian Commission to Open Space, Trails and Equestrian Commission. • Open Space Committee members should be properly recognized for 5 years of service. Maria Morris, City Clerk, provided an agenda report and read the title of the ordinance. Council Action: Moved by Council Member Allevato, seconded by Council Member Hribar, and carried unanimously to approve the re -introduction and second reading of an ordinance, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 5 AND ADDING ARTICLE 6 OF CHAPTER 2 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE ORGANIZING THE OPEN SPACE, TRAILS AND EQUESTRIAN COMMISSION AND ORGANIZING THE PARKS, RECREATION, AND SENIOR SERVICES" 9 11/16/2010 COUNCILMANIC ITEMS: 1. DISCUSSION REGARDING PRIVATE SECTOR JOB EQUIVALENTS FOR TOP AND MID-LEVEL POSITIONS (700.10) . Council Comments: • City should compare job description and compensation of each employee with the private sector. • Surprised that public employee's unions are not looking into a two tier system for new employees. • Preference in not spending staff time on this matter at this time. • Preference in the item coming back in the future for the new Council to consider. 2. DISCUSSION REGARDING MEMBERSHIP IN THE CITY COUNCIL "PLAZA BANDERAS" AD-HOC COMMITTEE (110.10) Grant Taylor, Development Services Director, responded to questions. Public Comments: • Torn Merrell, Civic Solutions, representing the applicant, expressed preference in having an Ad -Hoc Committee available through the process. Council Comments: • Preference in the existing "Plaza Banderas" Ad -Hoc Committee to continue working with the applicant, and appoint a new Ad -Hoc Committee on December 7r" if additional work is needed. Council Motion: Moved by Council Member Allevato, seconded by Mayor pro tem Freese, and carried unanimously not to consider membership in the City Council "Plaza Banderas" Ad -Hoc Committee at this time. 3. DISCUSSION REGARDING ALLOWING SAFE LEFT TURNS WITHOUT LEFT TURN ARROWS AT MULTIPLE INTERSECTIONS (820.90) Nasser Abbaszadeh, Public Works .Director, and Alan Oswald, Senior Traffic Engineer, responded to questions. Council Comments: • City Council concurred to have the Transportation Commission look at the possibility of allowing safe left turns without left turn arrows at a few key intersections around town. • Staff directed to respond to a letter (letter was read into the record) from San Juan Hills West Homeowners Association regarding a request to install a stop light at one of their two entrances onto San Juan Creek Road, and refer to the Transportation Commission. 10 11/16/2010 4. STATUS UPDATE REGARDING A CREEK BUFFER ORDINANCE (450.30) Ziad Mazboudi, Senior Civil Engineer, responded to questions. Public Comments: • Larry Kramer, City Council Elect, stated that the City as a start should consider making the ordinance applicable to. the City's land by setting a set back on their own property. Council Comments: • Preference in this item to be agendize at a future meeting in order to be addressed by the new City Council • Stated that the public would need to be properly notified, and felt that it was not a high priority at this time. 5. DISCUSSION OF OPPORTUNITY TO JOIN THE ASSOCIATION OF CALIFORNIA CITIES — ORANGE COUNTY DIVISION (140.20) Omar Sandoval, City Attorney, responded to questions. Correspondence: • Mayor pro tem Freese submitted information pertaining to the newly formed Association of California Cities — Orange County. Public Comments: • John Taylor, City Council Elect, clarified that the dues to join the new association would be the same amount as of the League of Cities Orange County Division, and the City would continue to be a member of the League of California Cities. Council Comments: • Felt that it was important to stay involved in a regional association. • Need to have the cost to join the new association before making a decision. • Preference in not joining any of the associations as they're ineffective in addressing the needs of Orange County cities. • Felt that it's important for the City to belong to all the organizations and be more active at region and state levels. • Expressed support to continue with the state organization (League of California Cities). • Majority of the City Council not interested in joining the new Association of California Cities — Orange County Division at this time. Council Member Hribar encouraged new Council Members to place a measure on the next available ballot regarding whether or not to continue to have red light cameras. 11 11116/2010 ADJOURNMENT: There being no further business, Mayor Uso adjourned the meeting at 10:47 p.m. to Tuesday, December 7, 2010 at 5:30 p.m. for Closed Session and 6:30 p."r a pyblic Business Session, in the City Council Chamber. Respoctfffk�Ltbmitted, Approved: December 7, 2010 ATTEST: M AL.LEVATO, MAYOR 12 11/16/2010