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08-1021_CC_Minutes_Regular MeetingMINUTES OCTOBER 21, 2008. SAN JUAN CAPISTRANO CITY COUNCIL REGULAR.MEETING CLOSED SESSION Mayor Soto called the Closed Session of the City Council of the City of San Juan Capistrano to order at 5:30 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor pro tem Mark Nielsen and Mayor Joe Soto COUNCIL MEMBERS ABSENT. None PUBLIC COMMENT — CLOSED SESSION ITEMS: Mayor Soto invited the public to provide comment. There was no public comment and the meeting was moved to Closed Session chambers. CLOSED SESSION 610.85 A Closed Session was held for the following purposes, as authorized by statute: a. PURSUANT TO GOVERNMENT CODE SECTION 54958.9(C), THE CITY COUNCIL CONFERRED WITH LEGAL COUNSEL PERTAINING TO THE POTENTIAL INITIATION OF LITIGATION INVOLVING FOUR CASES. RECESS UNTIL 6:30 P.M. BUSINESS SESSION Mayor Soto called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:30 p.m. in the City Council Chamber. Boy Scout Troop #12 led the Pledge of Allegiance and Scout Chris Bixby gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor pro tem Mark Nielsen and Mayor Joe Soto COUNCIL MEMBERS ABSENT: None 1 10-21-2008 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 - Omar Sandoval, City Attorney, announced that no reportable actions were taken during closed session. CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Uso, Mayor pro tem Nielsen and Mayor Soto reported attending numerous meetings. Council Member Allevato reported attending the Los Rios Park Groundbreaking Ceremony and Vintage event and noted improvements to the Belford Terrace trail; and that member of the Parks, Recreation and Equestrian Commission attended a San Clemente Council meeting to encourage connection of the Las Rambles trail. Council Member Hribar reported attending the Los Rios Park Groundbreaking Ceremony and his campaign efforts related to Measure Y. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen announced the next meeting of the Open Space Committee will be November 3, 2008 where discussions will be held pertaining to grant funding opportunities. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: • Coffee Talk — Capistrano Dispatch • Movie Night _- Mission San Juan Capistrano • Ghosts and Legends Tours -- San Juan Capistrano Historical Society • Dia de los Muertos (Day of the Dead) -- San Juan Capistrano Library • Haunted Halloween Mystery Dinner -- El Adobe • Flu Shot Clinic Early Voting at City Hall INTRODUCTIONS AND PRESENTATIONS 1. MAYOR'S AWARD FOR BUSINESS LEADER OF THE YEAR PRESENTED TO JIM CURWOOD, OWNER OF BUY MY BIKES (010.40) Mayor Soto recognized Jim Curwood, owner of Buy My Bikes for his contributions to the City and business community and presented him with the Mayor's Award for Business Leader of the Year. 2 10-21-2008 2. PRESENTATION TO LT. MICHAEL BETZLER AND INTRODUCTION OF NEW CHIEF OF POLICE SERVICES — LT. DAN DWYER (610.40) Mayor Soto, Brad Gates, Retired Orange County Sheriff, and Dave Adams, City Manager recognized Lt. Michael Betzler for his outstanding service to the community as Chief of Police; and welcomed Lt. Dan Dwyer as the new Chief of Police. 3. ROTARY CLUB OF SAN JUAN CAPISTRANO PRESENTED PROCEEDS FROM THE RIDGEWALK TO THE CITY (610.40) Larry Kramer, representing the Rotary Club of San Juan Capistrano presented the City with $1,350 representing the proceeds from the first city °Ridgewalk" to be used for trail maintenance. He recognized staff members who were instrumental in the event. 4. NICOLA COLANTINO, COUNCIL MEMBER OF CITY CAPESTRANO, ITALY, SISTER CITY TO SAN JUAN CAPISTRANO, WAS INTRODUCED BY VICKY CARABINI, THE CITY'S AMBASSADOR TO OUR SISTER CITY (530.25) 5. COMMISSIONERS PRESENT AT MEETING INTRODUCED (110,10) Mayor pro tem Nielsen introduced the following individuals in attendance: Ron Denman and Gail Zukow, Parks, Recreation and Equestrian Commission, and Larry Kramer, Transportation Commission. ORAL COMMUNICATIONS Joan Irvine Smith, city resident, spoke regarding the Toll Road Agency funding; opposition to widening Ortega Highway; gift to the city of oak and sycamore trees. Steven Nelson, Tony Brown, Patrick Crowley, Art Guevara, city residents, spoke regarding illegal immigration, impact on property values, and need to prevent arrested illegal aliens from residing in the city, . Teri Garza, Librarian, San Juan Capistrano Public Library, announced the Day of the Dead event. Cheryl Burns, city resident, informed the Council of a council candidate rally advertised in an inappropriate place. Dusty Otero, city resident, spoke regarding littering related to smoking. 3 10-21-2008 CONSENT CALENDAR Council Action:Moved by Council Member Uso, seconded by Mayor pro tem Nielsen, and carried unanimously, 5-0, to approve items 1, 2 3 4 9, 10, 11, 12, and 15 as recommended by staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES APPROVED: CITY COUNCIL REGULAR MEETING OF OCTOBER 7, 2008 3. VACANCIES DECLARED: ALL POSITIONS DECLARED VACANT AS OF JANUARY 31, 2009 ON THE CULTURAL HERITAGE COMMISSION, PARKS, RECREATION AND EQUESTRIAN COMMISSION, PLANNING COMMISSION, TRANSPORTATION COMMISSION, UTILITIES COMMISSION, DESIGN REVIEW COMMITTEE, AND HOUSING ADVISORY COMMITTEE; AND THE CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS (110.20) 4. ORTEGA BUSINESS PARK: FINAL PARCEL MAP NO. 2006-133 APPROVED AS CONFORMING TO THE REQUIREMENTS SET FORTH IN THE SUBDIVISION MAP ACT AND CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 2006-133; THE CITY ENGINEER AND CITY CLERK AUTHORIZED TO EXECUTE THE MAP; AND THE CITY CLERK DIRECTED TO FORWARD THE MAP TO THE COUNTY RECORDER (ORTEGA RANCH LLC.) (420.70) 5. RESOLUTION NO, 08-10-21-01: OPPOSING PROPOSED WIDENING -- ORTEGA HIGHWAY (ORANGE COUNTY TRANSPORTATION AUTHORITY) (800.40) Nasser Abbaszadeh, Public Works Director, provided a staff report. Council Comments: • Support for widening by surrounding cities Possibility of working directly with the state • Historic nature of the Ortega Highway • Staff needs to involve the Board of Supervisors in the opposition • Impact on historic structures and other residences Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Nielsen, and carried unanimously to adopt Resolution No. 08-10-21-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IN OPPOSITION TO THE PROPOSED WIDENING TO SIX LANES OF TRAFFIC ON ORTEGA HIGHWAY IN THE 4 10-21-2008 SOUTH ORANGE COUNTY MAJOR ...INVESTMENT STUDY BY ORANGE COUNTY TRANSPORTATION AUTHORITY." 6. CONSIDERATION OF QUITCLAIM OF AN EASEMENT FOR EQUESTRIAN TRAIL PURPOSES WITHIN LOT 99, TRACT 6305, HUNT CLUB ESTATES (APN 650-381-03) (30501 GOLDEN RIDGE LANE) (MERKLE) — ITEM WITHDRAWN (670.50) This item was withdrawn from the agenda by staff. 7. RESOLUTION NO. 08-10-21-02: COMPLETION OF WORK FOR CONSTRUCTION OF IMPROVEMENTS WITHIN TRACT 16221, RANCHO MADRINA (WILLIAM LYON HOMES, INC.) (600.30) Council Member Allevato abstained from this item due to the proximity of his residence. Nasser Abbaszadeh, Public Works Director, provided a staff report and responded Council Comments: • Possibility of future developers to pay the actual cost for off-site improvements rather than paying a fair share payment Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso, and carried unanimously to adopt Resolution No. 08-10-21-02 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 16221, RANCHO MADRINA (WILLIAM LYON HOMES, INC.);" release of the bonds authorized 35 days after recording of the notice of completion; and the city clerk directed to process recording of the notice of completion. ROLL CALL Aye: Council Members: Hribar, Uso, Nielsen, and Mayor Soto No: Council Members: None Abstain: Council Member: Allevato A majority of Council Members. concurred that staff may loop to appropriate methods to collect from future developers the actual cost to the city for installation of off-site improvements in lieu of using the fair -share method of estimating future casts. 5 10-21-2008 8. ROGER Y WILLIAMS/SWANNER HOUSE PROPERTY: CITY MANAGER AUTHORIZED TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH A RENTAL PROPERTY MANAGER TO INCLUDE REGULAR PROPERTY INSPECTIONS (600.30) Teri Delcamp, Historic Preservation Manager, provided a staff report. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar, and carried unanimously to authorize the City Manager to negotiate and execute an agreement with a rental property manager to lease the Roger Y. Williams/Swanner House property at 29991 Camino Capistrano to a residential tenant on an annual basis with the lease agreement requiring regular inspections of the property at least quarterly. 9. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 9, 2008, IN THE TOTAL AMOUNT OF $988,064.81; AND PAYROLL WARRANTS DATED SEPTEMBER 5, 2008, IN THE TOTAL AMOUNT OF $313,721.61, RECEIVED AND FILED (300.30) 10. ADDENDUM OF OCTOBER 21, 2008 TO THE ADVANCED UTILITY SYSTEMS SOFTWARE LICENSE AND IMPLEMENTATION AGREEMENT FOR THE PROVISION OF ONLINE UTILITIES SELF SERVICE INFORMATION AND BILL PAYMENT APPROVED; THE CITY MANAGER AUTHORIZED TO EXECUTE THE ADDENDUM IN AN AMOUNT NOT TO EXCEED $40,000 FOR THE FIRST YEAR, AND TO EXECUTE ANNUAL MAINTENANCE AGREEMENTS IN THE AMOUNT OF $10,000— CITY COUNCIL PRIORITY NO, 25C (600.30) 11. RESOLUTION NO. 08-10-21-03 ADOPTED ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING THE WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE EMERGENCY SEWER TRUNK LINE REPLACEMENT PROJECT;" CONTRACT CHANGE. ORDERS IN THE TOTAL AMOUNT OF $98,471.06 ACCEPTED; CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $43,273.50, 35 DAYS AFTER RECORDATION (BOUDREAU PIPELINE CORPORATION)(CIP NO. 728, CIP NO. 716)(600.30) 12, DAVE DAVIDSON CLAIM: DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 13. BLAS AGUILAR ADOBE, PHASE C AND ROOF IMPROVEMENTS PROJECT AGREEMENT WITH IS ARCHITECTURE APPROVED (600.30) 6 10-21-2008 Teri Delcamp, Historic Preservation Manager, and Steven. Apple, Community Development Director, responded to Council questions. Council Discussion: • Costs seem high • Scope of work needs to address only necessary work • Consider charging admission to programs housed in historic structures to off -set cost of maintenance Council Action. Moved by Mayor Soto, seconded by Council Member Uso, and carried unanimously to approve a Personal Services Agreement in an amount not to exceed $60,870 with IS Architecture for the preparation of updated restoration recommendations and rehabilitation plans for the Blas Aguilar Adobe Phase C and roof improvements project; and the Mayor authorized to execute the agreement. 14. MONTANEZ ADOBE STRUCTURAL IMPROVEMENTS PROJECT AGREEMENT APPROVED WITH IS ARCHITECTURE (600.30) Teri Delcamp, Historic Preservation Manager, and Steven Apple, Community Development Director, responded to Council questions. Council Discussion: • Costs seem high + Scope of work needs to address only necessary work + Consider charging admission to programs Doused in historic structures to off -set cost of maintenance Council Action: Moved by Mayor Soto, seconded by Council Member Uso, and carried unanimously to approve a Personal Services Agreement in an amount not to exceed $44,530.00 with IS Architecture for the preparation of rehabilitation plans for the Montanez Adobe structural improvements project, and the Mayor authorized to execute the agreement. 15. COOKS RESERVOIR REPLACEMENT PROJECT: CHANGE ORDER NO. 3 APPROVED IN THE AMOUNT OF $21,775,02; RESOLUTION NO. 08-10-21-04 ADOPTED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE COOKS RESERVOIR REPLACEMENT PROJECT (CIP NO. 769)(PACIFIC HYDROTECH CORPORATION, INC.);" THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE; AND STAFF AUTHORIZED TO RELEASE THE RETENTION 1N THE AMOUNT OF $314,075, 35 DAYS AFTER RECORDATION (600.30) 7 10-21-2008 PUBLIC HEARINGS: None RECESS AND RECONVENE Council recessed to convene the San Juan Capistrano Community Redevelopment Agency meeting and reconvened following the agency's business. ADMINISTRATIVE ITEMS: G1. PUBLIC WORKS DIRECTOR a. ORDINANCE RELATED TO REQUIRING SOLAR HEATING FOR SWIMMING POOLS INTRODUCED AS AMENDED (1020.10) Ziad Mazboudi, Senior Civil Engineer provided a summary of the agenda report. Public Comment: • Roy Heine, city resident and businessman in the solar heating industry, provided information as to cost, specifications, and other matters related to solar heating for swimming pools. Meg Monahan, City Clerk, read the title of the ordinance. Council Comment • Concern that if replacement of existing heating systems is included, that will encourage non -permitted installations • Over time education and cost savings will increase solar use Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Nielsen, and carried unanimously to approve first reading and introduction of an ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 8-6.03 TO CHAPTER 6 OF TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO SOLAR HEATING FOR SWIMMING POOLS," adding section 8-6.03 to chapter 6 of title 8 of the San Juan Capistrano Municipal Code pertaining to solar heating for swimming pools revised to include Section 8-6.03(c) .... not plumbed or otherwise connected to a swimming pool or to swimming pools with existin conventional gas heaters." G2. ADMINISTRATIVE SERVICES DIRECTOR a. SHOPPING CART RETRIEVAL AND LAND USE APPEAL FEES: REPORT RECEIVED AND FILE (586.10) 8 10-21-2008 Steve Montano, Assistant Administrative Services Director, provided a summary of the agenda report. Council Discussion: • Appeals should be available to neighbors at a low cost so affected neighbors have the ability to appeal projects. • Applicants have a greater ability to pay appeal fees and a strong financial interest project approval. • Blight impact on community from abandoned shopping carts • State law greatly restricts regulation by the city • Staff can pursue payments from stores including identification of potential consequences Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso, and carried unanimously to receive and file the report by staff. G3. COMMUNITY DEVELOPMENT DIRECTOR a. RESOLUTION NO. 08-10-21-05 ADOPTED INITIATING GENERAL PLAN AMENDMENT (GPA) (APN 650-151-16)(31551 AVENIDA LOS CERRITOS)(LOS CERRITOS LLC) (440.20) Justin Kirk, Assistant Planner, provided a summary of the agenda report. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar, and carried unanimously adopt Resolution No. 08-10-21-05 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT (GPA) STUDY PROCESS WITH RESPECT TO THE 15,342 SQUARE FOOT PARCEL LOCATED AT 31551 AVENIDA LOS CERRITOS (APN 650-151- 16)(OWNER: LOS CERRITOS LLC)." b. URGENCY ORDINANCE NO. 944 ADOPTED: TEMPORARY EXTENSION OF TIME LIMITS ON PROMOTIONAL SIGNS, AS AMENDED (410.40) Steven Apple, Community Development Director, provided a summary of the agenda report. Council Discussion,- Potential iscussion:Potential blight with 120 day extension • Need to add tent sales • Inflatable attractions are not allowed under this ordinance Meg Monahan, City Clerk, read the title of the ordinance. 9 10-21-2008 Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto, and carried 4-1.0 to adopt Urgency Ordinance No. 944 entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A TEMPORARY EXTENSION OF THE MAXIMUM TIME BUSINESS PROMOTIONAL SIGNS MAY BE DISPLAYED" Section 1. amended to read, "....time periods' established by Section 9-3.543 and 9-3.547 ..." ROLL CALL Aye: No: Abstain: ORDINANCES: Council Members: Council Members: Council Member: Allevato, Uso, Nielsen, and Mayor Soto Hribar None 1. ORDINANCE NO. 945 ADOPTED: AMENDING THE OFFICIAL ZONING MAP FROM MULTIPLE FAMILY (RM) TO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD) FOR CERTAIN COMMUNITIES (RZ 08-006) (460.20) Meg Monahan, City Clerk, read the title of the Ordinance. Council Action: Moved by Council Member Uso, seconded by Council Member Allevato, and carried unanimously to adopt Ordinance No. 945 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE ZONING OF THE IDENTIFIED COMMUNITIES FROM THE MULTIPLE FAMILY (RM) DESIGNATION TO THE PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD) (REZONE 08-006)." 2, ORDINANCE NO. 946 ADOPTED: REORGANIZING THE WATER ADVISORY COMMISSION INTO THE UTILITIES COMMISSION (110..201700.50) Meg Monahan, City Clerk, read the title of the Ordinance. Council Action: Moved by Council Member Uso, seconded by Council Member Allevato, and carried unanimously to adopt Ordinance No. 946 entitled, AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 12 OF CHAPTER 2 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REORGANIZING THE WATER ADVISORY COMMISSION INTO THE UTILITIES COMMISSION." COUNCILMANIC ITEMS: None 10 10-21-2008 0 • There being no further business, Mayor Soto adjourned the meeting at 9.50 p.m. to Tuesday, October 28, 2008 at 5.00 p.m. in the City Council Chamber. Respectfully sub ittg'd ET R. MONAHAN, CITY CLERK November 4, 2008 n JOE SOJO, O, MAYOR 11 10-21-2008