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04-0921_CC_Minutes_Regular MeetingMINUTES SEPTEMBER 21, 2004 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85): None Mayor Soto 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 Allevato led the Pledge of Allegiance and Council Member Swerdlin gave the invocation. Mayor Soto dedicated the meeting in honor of the late Lance Cpl. Derek L. Gardner, 20, San Juan Capistrano resident, killed along with six other Marines after a bomb ripped through a U.S. convoy outside of Fallujah, Iraq on September 6, 2004. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, David M. Swerdlin, Mayor pro tem Wyatt Hart, and Mayor Joe Soto. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: David Adams, City Manager, William M. Huber, Assistant City Manager; Cynthia L. Russell, Administrative Services Director; John Shaw, City Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Ray Holland, Interim Building and Engineering Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services Director; Lt. J. B. Davis, Chief of Police Services; Douglas Dumhart, Economic Development Manager; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None CITY COUNCIL COMMENTS AND ORAL REPORTS: Council Member Allevato announced that he attended the League of California Cities conference this past weekend; the League has formed good working relationships with the Governor's office concerning the Local Initiative; and shared a quotation related to raising funds for the Mission San Juan Capistrano's Great Stone Church. Council Member Bathgate advised that she recently attended the South Orange County Waste Water Authority Finance Committee and San Juan Basin Authority meetings; and commended Amy Amirani, Public Works Director, for the Ground Water Recovery Project status update presented at the San Juan Basin Authority meeting. Council Member Swerdlin noted that the Environmental Impact Report for 241 -South Toll Road is expected to be released in November; the Vector Control Board is actively addressing West Nile Virus and Imported Red Fire Ant infestations; and the Vector of the Month is Chigger Mites. 9-21-04 Mayor Soto announced his daughter's recent marriage and wished Lt. J. B. Davis a happy belated birthday. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Al King, Jr., Community Services Director, encouraged the public to access the City's website for additional information regarding the Orange County Library activities, Chamber of Commerce activities, and Mission concerts held throughout the month of September; and Annual Storytelling Festival in Historic Town Center Park, CARE Yard Sale, and Mission Vintage events to be held in the month of October. INTRODUCTIONS PRESENTATIONS AND DONATIONS CERTIFICATE OF ACHIEVEMENT PRESENTED TO RETIRED CALIFORNIA DEPARTMENT OF FISH & GAME CAPT. JERRY SPANSAIL (610.40) Mayor Soto recognized Retired California Department of Fish and Game Capt. Jerry Spansail for the department's efforts during the mountain lion incident. 2. CERTIFICATE OF .ACHIEVEMENT PRESENTED TO DR. JOE CORTESE (610.40) Mayor Soto recognized Dr. Joe Cortese for volunteering his services at the City's low-cost pet vaccination clinic and presented Dr. Cortese with a Certificate of Achievement. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (910.10) Mayor pro tem Hart recognized the following individuals in attendance: Marie Buckner, Joanne Marquez, and Joann de Guevara, Housing Advisory Committee; Brad Gates, Retired Orange County Sheriff; and Bill Hardy, WWII Air Ace. ORAL COMMUNICATIONS Tom Rogers, City resident, commended staff for their comments concerning the Rancho Mission Viejo Environmental Impact Report and its potential negative impacts on the City. He requested city presence at future meetings concerning the development. Dave Adams, City Manager, noted that staff has been present at these meetings and will continue to monitor the project. CONSENT CALENDAR Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Alievato and carried unanimously, 5-0, to approve items 1, 2, 7, 8, 12, 13, 15, 16, and 19 as recommended by staff. 2 9-21-04 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED 2. MINUTES OF THE REGULAR MEETING OF AUGUST 17, 2004 APPROVED AS SUBMITTED. 3. PERSONAL SERVICES AGREEMENT WITH RBF CONSULTING, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE TERMINAL RESERVOIR NO. 3 PROJECT APPROVED AS RECOMMENDED BY STAFF. (CIP NO. 753) (600.30) Council Member Swerdlin requested that related items 3 through 6 be removed from the Consent Calendar for discussion. Amy Amirani, Public Works Director, advised that staff recommends approval of the cost proposal submitted by RBF Consulting, Inc. over lesser cost proposals because it included more tasks and utilized a geotechnical firm the City had previously worked with; and the budget projected at this time is under the amount allocated for the project. Jerome Ruddins, Vice President RBF Consulting, Inc., advised that their presence on site is for quality assurance, interaction with the public, and addressing and/or forwarding design questions in order the keep the project moving forward in a timely manner. John Shaw, City Attorney, agreed to check with the Joint Powers Insurance Authority to ensure that the insurance liability limits are suitable under these circumstances and adjust if necessary. Council Action: Moved by Mayor Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0 to approve personal services agreement with RBF Consulting, Inc., in the amount of $1,045,920 for construction management and inspection services for the Terminal Reservoir No. 3 project. 4. CONSTRUCTION CONTRACT FOR THE TERMINAL RESERVOIR NO. 3 PROJECT APPROVED. (CIP NO. 753) (600.30) Council Action: Moved by Mayor Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0, to acknowledge the receipt of all bids; award the Construction Contract to Gateway Pacific Contractors, Inc., in the amount of $10,527,276, with the condition that the contract will include insurance liability limits as recommended by the Joint Powers Insurance Authority; authorize the Mayor to execute the construction contract; and authorize the City Manager to approve necessary changes to the contract within the project budget. 9-21-04 5. RESOLUTION NO. 04-09-21-01 ADOPTED DEDICATING A UTILITY EASEMENT TO THE SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE TERMINAL RESERVOIR NO. 3 PROJECT. (CIP NO. 753) (670.50) Council Action: Moved by Mayor Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 04-09-21-01, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING A UTILITY EASEMENT FOR THE TERMINAL NO. 3 RESERVOIR (SAN DIEGO GAS AND ELECTRIC COMPANY) (TRACT 10103)." 6. AMENDMENT TO A PERSONAL SERVICES AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE TERMINAL RESERVOIR NO. 3 PROJECT APPROVED (CAMP DRESSER AND MCKEE, INC.) (CIP NO. 753) (600.30) Council Action: Moved by Mayor Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0, to approve Amendment No. 4 with Camp Dresser and McKee, Inc., in the amount of $209,987 for construction engineering services for the Terminal Reservoir No. 3 project; the Mayor authorized to execute the Amendment; and the City Manager authorized to approve necessary changes to the agreement within the project budget: 7. SUBROGATION CLAIM OF LAUREL WRIGHT, MERCURY INSURANCE, DENIED, BASED UPON INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (150.10) 8. AGREEMENT ESTABLISHING SOILS SUBSIDENCE REMEDIATION PROGRAM WITH RANCHO MADRINA COMMUNITY ASSOCIATION AND WILLIAM LYON HOMES, INC. FOR TRACT 16221, FOR WILLIAM LYON HOMES, INC., APPROVED. (TRACT 16221, WILLIAM LYON HOMES, INC.) (RANCHO MADRINA COMMUNITY ASSOCIATION) (600.30) 9. AGREEMENT WITH THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY TO PROVIDE AFTER SCHOOL RECREATION PROGRAMS APPROVED. (600.30) Mayor Soto requested that the related items 9 & 10 be removed from the Consent Calendar for comment. Mayor Soto commended previous City Councils, Al King, Jr., and staff for their efforts to address the needs of the City's youth by supporting the Boys and Girls Clubs of Capistrano Valley and Camp Fire USA after school recreation programs. 4 9-21-a4 Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart, and carried unanimously, 5-0, to approve the Agreement with the Boys & Girls Clubs of Capistrano Valley, in the amount not to exceed $71,820, to provide after school recreation programs for the period of September 22, 2004 through June 30, 2005. 10. AGREEMENT WITH CAMP FIRE USA ORANGE COUNTY COUNCIL FOR AFTER-SCHOOL RECREATION PROGRAMS APPROVED. (600.30) Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart, and carried unanimously, 5-0, to approve the Agreement with Camp Fire USA Orange County Council, in an amount not to exceed $50,400, to provide after school recreation programs for the period of September 22, 2004 through June 30, 2005. 11. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 2, 2004, IN THE AMOUNT OF $1,911,973.69; AND PAYROLL WARRANTS DATED SEPTEMBER 10, 2004, IN THE AMOUNT OF $278,978.83, RECEIVED AND FILED (300.30) This item was voted on separately to allow Council Member Bathgate to abstain. Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato, and carried 4-0-1, with Council Member Bathgate abstaining, to receive and file Accounts Payable Warrants dated September 2, 2004, in the amount of $1,911,973.69; and Payroll Warrants dated September 10, 2004, in the amount of $278,978.83. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto None Bathgate 12. LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND AYSO REGION 87 FOR USE OF THE CONCESSION STAND AT THE SAN JUAN CAPISTRANO SPORTS PARK AND COOK PARK/CORDOVA FOR THE PERIOD OF SEPTEMBER 22, 2004 THROUGH JANUARY 31, 2005 APPROVED. (600.30) 9-21-04 13. EXPIRATION OF THE PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN FOR PROVIDING SERVICES IN CONJUNCTION WITH THE CITY'S CAMINO CAPISTRANO RECREATION CORRIDOR MASTER PLAN, WHICH IS SET TO EXPIRE SEPTEMBER 30, 2004, APPROVED. (CIP NO. 459) (DAVID VOLZ DESIGN) (600.30) 14. TELECOMMUNICATIONS ENCROACHMENT AGREEMENT WITH GREENFIELD COMMUNICATIONS FOR FIBER OPTIC CONNECTIVITY WITH THE PACIFIC POINT DEVELOPMENT APPROVED. (TRACT 14196) (600.30) Council Member Swerdlin asked that this item be removed from the Consent Calendar for clarification. Council Member Bathgate recused herself from consideration of this item. Council Member Swerdlin ascertained that both Greenfield Communications and Cox Cable would be installing cable lines within the development, providing both similar and separate services. Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Hart, and carried 4-0-1, with Council Member Bathgate abstaining, to approve the Telecommunications Encroachment Agreement with Greenfield Communications for fiber optic connectivity with the Pacific Point Development. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin, Alievato, Mayor Soto NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Bathgate 15. 2004 CONFLICT OF INTEREST CODE LOCAL AGENCY BIENNIAL NOTICE FOR THE CITY OF SAN JUAN CAPISTRANO, SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, AND THE SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY, RECEIVED AND FILED. (640.40) 16. RESOLUTION NO. 04-09-21-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING THAT THE CITY OF SAN JUAN CAPISTRANO IS SUBJECT TO THE PROVISION OF PUBLIC RESOURCES CODE, DIVISION 17 'GEOLOGIC HAZARD ABATEMENT DISTRICTS' (TRACT 16221, (WILLIAM LYON HOMES, INC.) (RANCHO MADRINA);" AND RESOLUTION NO. 04-09- 21-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING 9-21-04 SUFFICIENCY OF THE PETITION, DIRECTING A NOTICE TO BE MAILED TO THE PROPERTY OWNER AND SETTING A TIME AND DATE FOR PUBLIC HEARING FOR FORMATION OF A GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO THE REQUIREMENTS OF PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA, DIVISION 17 `GEOLOGIC HAZARD ABATEMENT DISTRICTS' (TRACT 16221, WILLIAM LYON HOMES, INC.) (RANCHO MADRINA)." (345.20) 17. RESOLUTION NO. 04-09-21-04 ADOPTED ESTABLISHING PERMIT PARKING ON CALLE LORENZO AND CALLE RESPLENDOR AND PERMITTING THE CITY ENGINEER TO ESTABLISH PERMIT PARKING ON CALLS SANTA ROSALIA, CALLS CHUECA AND/OR CALLE BONITA IF CERTAIN CONDITIONS ARE MET. (570.70) Related items 17 & 18 were removed from the Consent Calendar to allow for public comment. Public Comment: Rafael Alcala, City resident, felt the parking situation had not been adequately scrutinized before this proposal was put forth. Jeff Jones, City resident, provided plans illustrating an alternate proposal that converts Calle Lorenzo to one-way only. Joe Ledger, City resident, representing the homeowner's association, supported converting Calle Lorenzo to one-way only due to its narrow width. Jean Topley, City resident, supported the permit parking program to increase safety and address the shortage of parking. Staff Comment: Ray Holland, Interim Building and Engineering Director, advised that staff considered many options before recommending the parking program in response to residents' requests; that the existing conditions create serious safety hazards; that staff will analyze the one-way street solution brought up this evening; and staff and the Transportation Commission are recommending approval of the proposal. David Adams, City Manager, suggested Council consider establishing a subcommittee to work with affected neighbors and staff to address the parking issues associated with this development and similar developments throughout the City. This suggestion will be placed on a future agenda for consideration. 7 9-21-04 Council Comment: Council Members supported the staff recommendation and agreed that all affected homeowners in the area should be informed of and agree with any solution proposed; that staff perform an in-depth study to develop long term strategies to determine the underlying causes of the existing parking situation; and suggested that implementation and enforcement costs be considered in comparison to the permit fees charged. Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Hart, and unanimously carried, 5-0, to adopt Resolution No. 04-09-21- 04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NO PARKING EXCEPT WITH PERMIT 3:00 A.M. TO 6:00 A.M. ON CALLE LORENZO AND CALLE RESPLENDOR." 18. RESOLUTION NO. 04-09-21-05 ADOPTED ESTABLISHING "NO PARKING ANYTIME" ON CERTAIN CITY STREETS. (570.30) Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Hart, and unanimously carried, 5-0, to adopt Resolution No. 04-09-21- 05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING -NO PARKING ANYTIME - ON THE NORTH SIDE OF CALLS LORENZO BETWEEN CAMINO CAPISTRANO AND CALLS SANTA ROSALIA." 19. STEPHANIA FRANCONE APPOINTED TO ACT AS A HEARING OFFICER FOR THE PURPOSE OF CONDUCTING A RENT REVIEW HEARING FOR A RENT INCREASE PROPOSED BY THE OWNER OF CAPISTRANO TERRACE MOBILE HOME PARK. (430.70) PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 8:24 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:30 p.m. ADMINISTRATIVE ITEMS - None ORDINANCES - None 9-21-04 COUNCILMANIC ITEMS 1. VACANCY DECLARED ON THE HOUSING ADVISORY COMMITTEE AS OF OCTOBER 1, 2004; AND THE CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL THE VACANCY. (110.40) Description: The City Clerk received a letter of resignation from Howard Langhans, Housing Advisory Committee Member, effective October 1, 2004. Staff recommended Council declare the vacancy and direct the City Clerk to solicit applications to fill the vacancy. Written Communications: Report dated September 21, 2004, by Meg Monahan, City Clerk. Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart, and carried unanimously, 5-0, to declare a vacancy on the Housing Advisory Committee as of`October 1, 2004; and direct the City Clerk to solicit applications to fill the vacancy from the mobile home park community. ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 8:31 p.m. to Tuesday, October 5, 2004, at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public Business Section, in the City Council Chamber. Respectfully submitted, R. MONAHAN, CITY CLERK ATTEST: JOE SOTOIMAYOR g 9-21-04