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07-0102_CC_Minutes_Regular Meeting 1-2-2007 1 MINUTES JANUARY 2, 2007 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: 1. Pursuant to Government Code section 54956.9, the City Council conferred with its legal counsel regarding the status of Scalzo Trust v. City of San Juan Capistrano. (Abstain: Soto) Mayor Allevato called the Meeting of the City Council of the City of San Juan Capistrano to order at 7:03 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, Mark Nielsen, Dr. Londres Uso, Mayor pro tem Joe Soto, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None 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; and Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS – None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Hribar reported attending numerous staff meetings to prepare for his duties as a Council Member. He and Council Member Uso participated in the Christmas Toy Run sponsored by the Peace Officers and Firefighter’s Fellowship. Mayor pro tem Soto extended Happy New Year greetings. Mayor Allevato reported attendance at the Rose Parade and announced the start of Wednesday morning Meet the Mayor meetings with citizens. 1-2-2007 2 NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Nielsen announced the upcoming meeting of the committee to be held on the first Monday in February. Discussion will include the results of a resident survey concerning open space. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced upcoming communitywide events sponsored by the Mission San Juan Capistrano, Camino Real Playhouse, and the Chamber of Commerce. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Soto recognized the following individuals in attendance: Marie Buckner, Housing Advisory Committee; Les Blair, Council Liaison to the San Juan Seniors; Jan Siegel, Cultural Heritage Commission; Bob Cardoza, Planning Commission; and Stan Wylazlowski, Executive Director of the Chamber of Commerce. ORAL COMMUNICATIONS Jim Sweeney, City resident, related an incident in which Police Services did not respond to a call concerning vandalized property; and felt there was inadequate enforcement of illegal parking in fire zones on private property. He left his contact information with Lt. Mike Betzler, Chief of Police Services. Steve Nelson, City resident, requested more aggressive apprehension of known criminals who are illegal aliens. Larry Culbertson, City resident, requested a meeting with City officials to discuss proposed local laws to reduce illegal immigration in the City. Dave Adams, City Manager, indicated he would be in contact with Mr. Culbertson. Colby Weeks, City resident, recommended installation of tennis courts on the vacant lots at La Novia and San Juan Creek Road. Christine Kirkland, City resident, requested posting of Council Member e-mail addresses on the City’s website. Staff indicated they would look into providing this information. 1-2-2007 3 CONSENT CALENDAR Council Action: Moved by Council Member Nielsen, seconded by Council Member Soto, and carried unanimously, 5-0, to approve items 1 and 3 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 2006, APPROVED AS REVISED. This item was removed from the Consent Calendar to allow Council Members Nielsen and Hribar and Mayor pro tem Soto to provide corrections to the minutes. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Nielsen, and carried unanimously, 5-0, to approve the minutes of the December 5, 2006, regular meeting, as revised. 3. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 20, 2006, IN THE TOTAL AMOUNT OF $1,596,018.69; AND PAYROLL WARRANTS DATED DECEMBER 15, 2006, IN THE TOTAL AMOUNT OF $355,379.89, RECEIVED AND FILED. (300.30) 4. CASH BALANCES BY FUND – OCTOBER 31, 2006, RECEIVED AND FILED. (330.50) This item was removed from the Consent Calendar by Council Member Nielsen for clarification. Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen and carried unanimously, 5-0, to receive and file Cash Balances by Fund – October 31, 2006, as submitted by staff. 5. LICENSE AGREEMENT BETWEEN MOULTON NIGUEL WATER DISTRICT AND THE CITY OF SAN JUAN CAPISTRANO CONCERNING HIDDEN CREEK ESTATES APPROVED WITH REVISIONS. (600.30) This item was removed from the Consent Calendar by Council Member Nielsen for discussion. Description: The developer of Hidden Creek Estates, located along the northerly section of Camino Capistrano, submitted a request to the City and Moulton Niguel Water District (MNWD) to accommodate the anticipated water output of its proposed development. The License Agreement and improvement plans have been reviewed by all pertinent parties and found to be in compliance with all applicable standards. Staff recommended approval of the License Agreement. 1-2-2007 4 Written Communications: Report dated January 2, 2007, by Sam Shoucair, Senior Engineer. Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized the staff report. Council Member Nielsen ascertained that the proposed Agreement benefits the developer in that it saves the costs the developer would bear of constructing and maintaining an independent sewer pump station system. He noted the License Agreement stipulates that the City provide indemnity from liability for MNWD and suggested, in return for the benefits the Agreement provides, the developer be required to provide the same indemnity from liability for the City. Council Action: Moved by Council Member Nielsen, seconded by Council Member Uso, and carried unanimously, 5-0, to approve the License Agreement for sewer connection between licensor, Moulton Niguel Water District (MNWD), and the licensee, the City of San Juan Capistrano, with the stipulation that the City will pursue indemnification from the developer of Hidden Creek Estates for claims, costs, liabilities, or damages as described in Section 7: Indemnity of the License Agreement; authorize the Mayor and City Clerk to execute the License Agreement; and authorize the City Clerk to forward the License Agreement to the Orange County Recorder. 6. CONSIDERATION OF A RESOLUTION DENYING AMENDMENTS TO ALLOW A SIGN PROGRAM FOR THE MAMMOTH PROFESSIONAL BUILDINGS CONTINUED TO FEBRUARY 6, 2007. (APN 650-011-32) (MAMMOTH EQUITIES) (410.60) This item was removed from the Consent Calendar to allow for public comment. Mayor pro tem Soto recused himself from considering this item due to its close proximity to his home, left chambers, and returned after action was taken. Public Comment: Bob King, City resident, requested a continuance on this item as he felt the proposed resolution did not fully address the denial of the proposed signage program. Staff agreed to meet with Mr. King to address his concerns. Council Action: Moved by Council Member Nielsen, seconded by Council Member Uso, and carried 4-0-1, with Mayor pro tem Soto abstaining to continue for 30 days (1) an amendment to the Comprehensive Development Plan to allow sign programs for projects in the CDP area; (2) a sign program for the Mammoth Professional Buildings; and (3) two free-standing monuments signs for the entrance to Mammoth Professional Buildings. 1-2-2007 5 ROLL CALL AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Soto PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 7:43 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:44 p.m. ADMINISTRATIVE ITEMS 1. COMMUNITY SERVICES DIRECTOR a. PERSONAL SERVICES AGREEMENT WITH RESEARCH NETWORK LTD. FOR A PARKS AND RECREATION NEEDS ASSESSMENT APPROVED. CITY COUNCIL PRIORITY NO. 2A (600.30) Description: As part of the City Council Priority List for this year, Council identified a Parks and Recreation Needs Assessment as Priority No. 2A. Two firms were requested to submit proposals and staff and a subcommittee, consisting of Brad Gates, Mark Nielsen, Colleen Edwards and Larry Kaplan, met with the consultants to review the proposals and make a recommendation. Staff recommended Council approve the Consultant Services Agreement with Research Network Ltd. for a Parks and Recreation Needs Assessment, in the amount of $75,000. Written Communications: Report dated January 2, 2007, by Karen Crocker, Community Services Director. Presentations: Karen Crocker, Community Services Director, summarized the staff report. She noted the Parks and Recreation Commission unanimously supported the proposal. Pam Woldridge, representing Research Network Ltd., described the survey’s telephone number selection process; Spanish interpretation procedures; and 1-2-2007 6 workshop goals and timelines. She agreed to expedite the process as much as possible. Public Comment: Mike Johnson, City resident, felt the research could be completed by staff to save money; and cautioned the phone survey should be brief to encourage participation. Council Comment: Council Members concurred the assessment was essential in order to ensure public participation in the process; spending a small amount of money at this point was necessary to ensure the large amounts to be spent on recreation improvements reflected the desires of the community; and directed staff to well publicize the workshops to encourage the greatest participation possible. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso and carried unanimously, 5-0, to approve the Consultant Services Agreement with Research Network Ltd., for a Parks and Recreation Needs Assessment, in the amount of $75,000. ORDINANCES - None COUNCILMANIC ITEMS - None COUNCIL COMMENTS Council Member Nielsen requested staff review and make recommendations to Council for a policy to increase notification of significant projects to anyone practically impacted. Council concurred. Council Member Hribar requested consideration of reinstating a Capital Improvement Project that would provide an eastbound traffic lane connecting Del Obispo Street to the Southbound I-5 ramp at the Ortega Highway and I-5 interchange. Nasser Abbaszadeh, Engineering & Building Director, reported the Capital Improvement Project had been put on hold because of pending improvements to the freeway interchange. Council concurred that staff should provide a report so Council may revisit the project status. 1-2-2007 7 ADJOURNMENT There being no further business, Mayor Allevato adjourned the meeting at 8:12 p.m. to Tuesday, January 16, 2007, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public Business Session, in the City Council Chamber. Respectfully submitted, __________________________________ MARGARET R. MONAHAN, CITY CLERK Approved: February 6, 2007 ATTEST: __________________________________ SAM ALLEVATO, MAYOR