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07-0220_CC_Minutes_Regular Meeting2-20-2007 1 MINUTES FEBRUARY 20, 2007 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85) - None Mayor Allevato called the Meeting of the City Council of the City of San Juan Capistrano to order at 7:01 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, Dr. Londres Uso, Mark Nielsen Mayor pro tem Joe Soto, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None STAFF PRESENT: 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; Maria Morris, Deputy City Clerk; and Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS – None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Uso reported attending a Vector Control Board meeting where the high amount of staff travel expenses were discussed; touring the City’s water facilities; attending a meeting with school representatives concerning impacts on the City; touring CR&R facility; and touring the San Juan Meadows property. Council Member Hribar reported meeting with several resident groups; touring the CR&R facility; and attending a Water Quality meeting, a League of Cities orientation, and a briefing on the San Juan Basin Authority resources. Council Member Nielsen reported touring the CR&R facility and complimented staff on our highly rated recycling program; touring the San Juan Meadows property; meeting with auto dealers; meeting the new Endevco site owner; and attending an Orange County Fire Authority orientation. Mayor pro tem Soto reported meeting with the new Endevco property owner; attending a League of Cities meeting, a Water Quality meeting, a library expansion meeting, and an event celebrating the arrival of the Grand Retablo at the Mission San Juan Capistrano. 2-20-2007 2 Mayor Allevato reported attending a meeting with school district officials; several meetings of the Transportation Corridors Agencies; a ribbon cutting ceremony for Future Focus, which is a teen counseling service concerned with life choices; a meeting of Cinco Cities concerning toll roads; a CR&R facility tour; a meeting of the Orange County Transportation Authority policy group concerning strategies for renewed Measure M projects; and an event celebrating the arrival of the Grand Retablo at the Mission San Juan Capistrano. NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Nielsen reported the Open Space Committee’s website was planned to go live by March 1, 2007. The next meeting of the Open Space Committee will be held on March 5, 2007, at 7 p.m. at the community center. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: The Orange Curtain Theatre upcoming presentation; Boys & Girls Club annual Power Breakfast; and Fiesta de las Golondrinas events including the Taste of San Juan and the Kids Pet Parade. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. CERTIFICATE OF APPRECIATION PRESENTED TO THE MISSION SAN JUAN CAPISTRANO DOCENT SOCIETY. (610.40) Mayor Allevato recognized the Mission San Juan Capistrano Docent Society for 25 years of valuable service to the community and presented Lloyd LeBlanc, Docent Society President, with a Certificate of Recognition. 2. CERTIFICATE OF APPRECIATION PRESENTED TO DEPUTIES WOODWARD AND HARRISON. (610.40) Mayor Allevato recognized Deputies Woodward and Manhart for their exemplary service demonstrated by highly successful efforts to arrest drunk drivers and presented them with Certificates of Appreciation. Mary Beth Griffin, representing Mothers Against Drunk Driving (MADD), recognized Sheriff Deputies Woodward and Manhart and presented them with the MADD “Deuce” Award for their efforts. 3. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Soto recognized the following individuals in attendance: Laura Freese, Housing Advisory Committee; Robert Cardoza, Planning Commission; Ilse Byrnes and Gail Zukow, Parks, Recreation and Equestrian Commission; Erin 2-20-2007 3 Kutnick and Charles Lange, Transportation Commission; and Les Blair, Council Liaison to the San Juan Seniors. ORAL COMMUNICATIONS Chuck Locke, City resident, was opposed to the expansion of Ortega Highway and suggested routing traffic around the city. Roland Fernandez, Vocational Visions, 26041 Pala, Mission Viejo, CA, thanked the City Council for providing employment opportunities as park maintenance workers for their clients. He introduced the workers in attendance. Dani Morgan, City resident, Christian Science Society, asked for Council financial support for their Homes for Hope project, which builds homes in Mexico for deserving families. Dan Campion, City resident, supported the widening of Ortega Highway to increase road safety; and sound walls to help residents on the south side of the road. Yvonne Tschaikowsky, City resident, asked Council to support the staff recommendation to deny banners and flag signage for the Pacifica San Juan project. Maryann Tucker, City resident, supported widening the Ortega Highway to increase safety; and supported sound wall construction and additional traffic routes. A letter was also received from Maryann Tucker, dated February 19, 2007, asking the City to be involved in the Ortega Highway widening process road and sound wall design to ensure the residents’ needs are addressed. Karen de Grandmaison, City resident, supported an animal shelter in the community for convenience and humanitarian reasons. CONSENT CALENDAR Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Nielsen, and carried unanimously, 5-0, to approve items 1, 2, 5, 7, 8, & 10 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 1, 2007, IN THE AMOUNT OF $1,283,377.06; AND PAY ROLL WARRANTS DATED JANUARY 26, 2007, IN THE AMOUNT OF $272,285.06, RECEIVED AND FILED. (300.30) 3. CASH BALANCES BY FUND DATED NOVEMBER 30, 2006, RECEIVED AND FILED. (330.50) 2-20-2007 4 This item removed from the Consent Calendar by Council Member Hribar for clarification of sewer fund balances. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to receive and file Cash Balances by Fund dated November 30, 2006. 4. CONTRACT FOR CITY STREET REPAIRS 2006-2007 AWARDED TO ALL AMERICAN ASPHALT WITH REVISION. (CIP NO. 119) (600.30) This item was removed from the Consent Calendar by Council Member Nielsen for clarification and correction. Council Member Hribar removed himself from consideration of this project due to its close proximity to his residence. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar and carried 4-0-1, with Council Member Hribar abstaining, to award Contract for City Street Repairs 2006-2007, Capital Improvement Project No. 119, to the low responsible bidder, All American Asphalt, in the amount of $444,998, including a revision on page 3 of the contract related to indemnification; and reject all other bids. ROLL CALL AYES: COUNCIL MEMBERS: Nielsen, Soto, Uso, Mayor Allevato NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Hribar 5. RESOLUTION NO. 07-02-20-01 ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING A UTILITY EASEMENT FOR CERTAIN WORK RELATED TO THE AVENIDA PLACIDA LANDSLIDE (SAN DIEGO GAS AND ELECTRIC COMPANY),” ADOPTED. (FEMA DR-1585) (670.50) 6. FIVE-YEAR LEASE AGREEMENT WITH MISSION TRAILS STABLE APPROVED. (600.20) This item was removed from the Consent Calendar by Council Member Hribar in order to ascertain the percentage of San Juan Capistrano residents served by the facility. 2-20-2007 5 Council Action: Moved by Council Member Nielsen, seconded by Council Member Uso, and carried unanimously, 5-0, to approve the five-year lease agreement with Mission Trails Stable, in the amount of $3,500 per month, for the property located at 28432 Calle Arroyo and Avenida Siega approved; and authorize the Mayor to execute the agreement. 7. MINUTES OF THE REGULAR MEETING OF JANUARY 16, 2007, APPROVED AS SUBMITTED. 8. MINUTES OF THE SPECIAL MEETING OF JANUARY 30, 2007, APPROVED AS SUBMITTED. 9. MINUTES OF THE ADJOURNED REGULAR MEETING OF JANUARY 30, 2007, APPROVED WITH REVISIONS. This item was removed from the Consent Calendar by Council Member Nielsen in order to revise Council Comments. Council Action: Moved by Council Member Nielsen, seconded by Council Member Uso and carried unanimously, 5-0, to approve the minutes of the Adjourned Regular meeting of January 30, 2007, with revisions to Administrative Item 2 (Valle Road Grading and Widening). 10. CASH BALANCES BY FUND OF DECEMBER 31, 2006, RECEIVED AND FILED. (330.50) 11. RESOLUTION NO. 07-02-20-02 SUPPORTING ORANGE COUNTY DEVELOPMENT OF A SOUTH COUNTY ANIMAL SHELTER ADOPTED WITH REVISIONS. (500.10) This item was removed from the Consent Calendar by Council Member Nielsen for revisions. Council Action: Moved by Council Member Hribar, seconded by Council Member Uso and carried unanimously, 5-0, to adopt Resolution No. 07-02-20-02, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOMMENDS THAT THE ORANGE COUNTY BOARD OF SUPERVISORS CONSIDER THE DEVELOPMENT OF A SOUTH COUNTY ANIMAL SHELTER,” with revisions to include Board consideration of development of a South County shelter this year and encouraging other South County cities’ support; and copies of the resolution to be forwarded to South County cities using Orange County Animal Services. 2-20-2007 6 12. CONSIDERATION OF RESOLUTION DENYING AMENDMENTS TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 90-2 AND ARCHITECTURAL CONTROL (AC) 03-09 FOR A SIGN PROGRAM FOR THE MAMMOTH PROFESSIONAL BUILDINGS CONTINUED TO MARCH 6, 2007. (APN 650- 011-32) (MAMMOTH EQUITIES) (CONTINUED FROM FEBRUARY 6, 2007) (410.60) This item was removed from the Consent Calendar to allow Mayor pro tem Soto to abstain due to the project’s close proximity to his residence. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Nielsen and carried 4-0-1, with Mayor pro tem Soto abstaining, to continue Consideration of Resolution Denying Amendments to Comprehensive Development Plan (CDP) 90-2 and Architectural Control (AC) 03-09 for a Sign Program for the Mammoth Professional Buildings to the March 6, 2007, meeting. ROLL CALL AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Soto PUBLIC HEARINGS 1. CONSIDERATION OF AGREEMENT FOR RED LIGHT PHOTO ENFORCEMENT SERVICES WITH NESTOR TRAFFIC SYSTEM, INC., CANCELED. (600.30) Meg Monahan, City Clerk, announced that the public hearing for this item has been canceled. RECESS AND RECONVENE Council recessed at 8:03 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:45 p.m. 2-20-2007 7 ADMINISTRATIVE ITEMS G1. CITY MANAGER a. NORTHWEST STRATEGIES OPEN SPACE COMMITTEE RECOMMENDATIONS APPROVED. (530.40) Description: At their January 29, 2007, meeting the Northwest Area Strategies Committee recommended City Council consider revising the Committee’s mission statement to include efforts to preserve open space; approve the revised committee make up of 9 resident-members, 2 Council Members, and 2 Planning Commissioners; and approve the Committee’s name change to the Open Space Committee. Staff recommended Council approve the recommended changes. Written Communications: Report dated February 20, 2007, by William M. Huber, Assistant City Manager. Presentation: William M. Huber, Assistant City Manager, summarized the staff report. Council Member Nielsen ascertained from staff that the City’s website indication of landowners on the Committee will be revised at the time the Open Space Committee website is launched. Council Action: Moved by Council Member Uso, seconded by Council Member Nielsen, and carried unanimously, 5-0, to approve revision to the Northwest Strategies Open Space Committee’s mission statement to include efforts to preserve open space; revision to the Committee structure to include 9 residents, 2 Council Members, and 2 Planning Commissioners; and change the Committee’s name to the Open Space Committee. b. CITY QUARTERLY NEWSLETTER AND FUNDING APPROVED. (150.40/330.20) Description: At the December 5, 2006, City Council meeting, Mayor Allevato asked staff to consider developing a quarterly City newsletter. For comparison purposes, staff determined parameters and developed printing, implementation, and funding appropriation options for Council consideration. Staff recommended Council select a preferred printing option, select a preferred implementation option, and for implementation options 1, 2, or 3, appropriate the needed funds from the general fund reserve to cover the cost. Written Communications: Report dated February 20, 2007, by William M. Huber, Assistant City Manager. 2-20-2007 8 Letter dated February 20, 2007, from Jonathan Volzke, Volzke Publishing LLC., submitting a formal proposal from Volzke Publishing, LLC., to produce the quarterly newsletter. Presentation: William M. Huber, Assistant City Manager, reviewed the staff recommendation. Council Discussion: Council Members directed staff to continue to research options in order to reduce printing fees; incorporate an electronic version of the newsletter in coordination with the City’s website; incorporate Council oversight of newsletter topics and final approval before printing; consider combining the environmental newsletter into the new quarterly newsletter; and ensure the newsletter is factual, objective, and informative. They selected Printing Option B; Implementation Option 2 with the first edition distributed in May 2007; and an appropriation of $7,800 to $11,700 from the general fund reserve to cover the cost of the newsletter. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to approve the City quarterly newsletter with printing Option B, implementation to be quarterly beginning May 2007; and appropriate $7,800 to $11,700 from the general fund reserve to cover the cost of the newsletter: G2. ENGINEERING & BUILDING DIRECTOR a. CONSIDERATION OF AWARD OF PERSONAL SERVICES AGREEMENT FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR YORBA PLAZA POSTPONED. CITY COUNCIL PRIORITY 7A (CIP NO. R07) (600.30) Description: At the October 17, 2006, meeting, City Council approved the concept of closing Yorba Street to vehicular traffic from Camino Capistrano to El Camino Real to create a pedestrian plaza and linkage to HTC Park. A staff and executive panel from the Planning, Engineering, and Building Departments and Community Redevelopment Agency reviewed the fee proposals received and recommended Council select APA Engineering Inc. Staff recommended Council approve a Personal Services Agreement with APA Engineering Inc., for the preparation of Plans and Specifications for Yorba Plaza in the amount of $112,455. Written Communications: Report dated February 20, 2007, by Brian Perry, Project Manager. Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized the staff report. 2-20-2007 9 Public Comment: Laura Freese, City resident, suggested placing this project on hold until a comprehensive plan for a pedestrian friendly downtown could be considered. Council Comments: The majority of the Council Members agreed to postpone a decision on this proposal until after Council’s priorities are established, including a discussion of alternatively realigning Ortega Highway to terminate at Verdugo Street providing for a pedestrian plaza in front of the Mission. Mayor pro tem Soto opposed the postponement because he does not support realigning Ortega Highway due to the loss of parking and substantial impact to existing businesses. Council Action: Moved by Council Member Uso, seconded by Mayor Allevato, and carried 4-1, with Mayor pro tem Soto against, to postpone consideration of Award of Personal Services Agreement for the Preparation of Plans and Specifications for Yorba Plaza until after Council’s priorities are established, including discussion of downtown promenade alternatives. ROLL CALL AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato NOES: COUNCIL MEMBERS: Soto ABSTAIN: COUNCIL MEMBERS: None b. FEASIBILITY STUDY REPORT FOR WIDENING THE I-5 UNDERCROSSING, VALLE ROAD TO CAMINO CAPISTRANO, APPROVED. (CIP NO. 406)(820.55) Description: At the September 16, 2003, meeting, Council adopted the Traffic Congestion Relief Capital Improvement Program from the Traffic Congestion Relief Ad-Hoc Committee. The widening of San Juan Creek Road, from Valle Road to Camino Capistrano, is ranked #31 of the 61 Capital Improvement Projects in the Traffic Congestion Relief Program. Council Members reviewed this project at their meeting of December 5, 2006, and requested a display of Option F. Staff recommended Council review the options for the widening of the I-5 Undercrossing on San Juan Creek Road and adopt Option C as the ultimate widening concept for the project; and Option A as the initial phase. Written Communications: Report dated February 20, 2007, by Brian Perry, Project Manager. 2-20-2007 10 Letter dated February 20, 2007, from Jim Verbeerst, City resident, supporting the Traffic Commission recommendation of Option F to preserve the rural character of the City. Presentation: Nasser Abbaszadeh, Engineering & Building Director, reviewed the staff recommendation. Public Comment: Trevor Dale, City resident, supported not widening the road at the undercrosssing as it would encourage more traffic. Yvonne Tschaikowsky, City resident, felt that widening the road would only encourage more traffic. Richard Hill Adams, City resident, encouraged proceeding with the staff recommendation to accommodate the recent development and provide safe roads. Council Comments: Council Member Nielsen felt that Option F was the best choice for fiscal, aesthetic, and safety, reasons. He felt the undercrossing improvement would encourage more traffic to flow through the City and potentially promote any future discussion of extending San Juan Creek Road. Council Member Uso preferred Option F for increased safety, as the narrow lanes would slow traffic down and to preserve the existing character of the area. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Hribar and carried 3-2, with Council Member Nielsen and Council Member Uso opposed, to approve Option C as the ultimate widening concept for the I-5 Undercrossing on San Juan Creek Road, from Valle Road to Camino Capistrano; and Option A approved as the initial phase of the project. ROLL CALL AYES: COUNCIL MEMBERS: Hribar, Soto, Mayor Allevato NOES: COUNCIL MEMBERS: Uso, Nielsen ABSTAIN: COUNCIL MEMBERS: None 2-20-2007 11 c. APPROPRIATION OF FUNDS AND ESTIMATED PROJECT COST REIMBURSEMENT FOR CAMINO CAPISTRANO SOUTHBOUND RIGHT TURN LANE AT OSO ROAD AND CAMINO CAPISTRANO PAVEMENT REHABILITATION APPROVED. (PUEBLO SERRA WORSHIP HOLDINGS) (CIP NO. 403) (600.60/330.20) Description: At the September 16, 2003, meeting, Council adopted the Traffic Congestion Relief Capital Improvement Program from the Traffic Congestion Relief Ad-Hoc Committee. Widening of the west side of Camino Capistrano north of Oso Road and south of the Silverado assisted Living Center to reduce the southbound right turn backup at Oso Road is ranked #27 of the 61 Capital Improvement Projects in the Traffic Congestion Relief Program. Pueblo Serra Worship Holdings is in the process of widening certain portions of Junipero Serra Road and Camino Capistrano as part of its Development Agreement. There is an opportunity for the City to partner with Pueblo Serra Worship Holdings to construct the west side street widening of Camino Capistrano and to rehabilitate Camino Capistrano Pavement from Junipero Serra Road to Oso Road in conjunction with the development obligations. This will result in economic savings and less disruption for the traveling public. Staff recommended Council appropriate $110,000 from the General Fund Reserves for the rehabilitation of Camino Capistrano from J Serra Road to Oso Road; and direct staff to return to City Council with a Reimbursement Agreement with Pueblo Serra Worship Holdings for final approval. Written Communications: Report dated February 20, 2007, by Brian Perry, Project Manager. Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized the staff report. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso and carried unanimously, 5-0, to appropriate $110,000 from the General Fund Reserve for rehabilitation of Camino Capistrano from J Serra Road to Oso Road; and direct staff to return to the Council with a Reimbursement Agreement with Pueblo Serra Worship Holdings, based on the February 16, 2007 letter from JSerra Catholic High School (RE: Additional Work Along Camino Capistrano), estimated reimbursement amount of $251,448, for final approval. G3. PLANNING DIRECTOR a. OVERLAND PACIFIC & CUTLER, INC SELECTED TO PREPARE THE MOBILEHOME PARK RELOCATION IMPACT REPORT FOR THE CLOSURE OF CAPISTRANO TERRACE MOBILEHOME PARK. (600.30) Description: On November 22, 2006, the City received a letter from the owners of Capistrano Terrace Mobilehome Park notifying the City of their intent to close 2-20-2007 12 the park. The City, under Municipal Code Section 9-2.331, initiated the park closure process, which includes a formal bid process and selection of a professional consultant with expertise in the field of mobilehome park closures. The park owner has been notified of the cost of preparing the Impact Report and will be required to deposit that amount with the City. Staff determined that Overland Pacific & Cultler, Inc.’s proposal is superior to other proposals submitted. Staff recommended Council approve the selection of Overland Pacific & Cutler Inc., for preparation of the Mobilehome Park Relocation Impact Report for the closure of Capistrano Terrace Mobilehome Park, not to exceed $104,500; authorize staff to prepare a Personal Services Agreement; and authorize the City Manager to execute the agreement. Written Communications: Report dated February 20, 2007, by Bill Cunningham, Interim Planning Director. Presentation: Bill Cunningham, Interim Planning Director, summarized the staff report. Public Comment: Ray Poulter, Lake Forest resident, representing Capistrano Terrace Ltd., asked that the consultant be allowed to use the information they have already gathered to help reduce project costs; and that the City Council support fiscal prudence and accountability for the consultant. Council Comments: Council Member Uso commented that because the City has not gone through this procedure before, any errors made must be on the side of the residents displaced by the park closure. He believes the process will be fair to both park owners and residents; and encouraged the parties to continue negotiations for a land sale to the park residents, which would be a win-win situation for all. Council Member Nielsen felt the number of meetings agreed to in the consultant contract should be fixed and all inclusive in order for the agreement to be fiscally prudent. Mayor Allevato commented that the method of survey proposed by Overland Pacific & Cutler, Inc. will result in an accurate assessment of the coach values; and urged staff to be fiscally conservative where possible in order to control excessive increases in fees. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar and carried unanimously, 5-0, to select Overland Pacific & Cutler, Inc. to prepare a Mobilehome Park Relocation Impact Report for the closure of the Capistrano Terrace Mobilehome Park, in an amount not to exceed $104,500; 2-20-2007 13 authorize staff to prepare the personal services agreement; and authorize the City Manager to execute the agreement. ORDINANCES - None COUNCILMANIC ITEMS ADJOURNMENT There being no further business, Mayor Allevato adjourned the meeting at 10:48 p.m. to Wednesday, February 28, 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: March 20, 2007 ATTEST: __________________________________ SAM ALLEVATO, MAYOR