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08-1118_CC_Minutes_Regular MeetingMINUTES NOVEMBER 18, 2008 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING Mayor Soto called the Regular Meeting 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: Tom Hribar, Dr. Londres Uso, Mayor pro tem Mark Nielsen, and Mayor Soto. COUNCIL MEMBERS ABSENT: Sam Allevato (excused) PUBLIC COMMENT CLOSED SESSION: No public comment was provided and the Council moved to the Closed Session meeting. CLOSED SESSION: 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. b. PURSUANT TO GOVERNMENT CODE SECTION 54958.9(C), THE CITY COUNCIL CONFERRED WITH LEGAL COUNSEL PERTAINING TO THE INITIATION OF LITIGATION AGAINST PLAZA DE PROSPERIDAD, A CALIFORNIA LIMITED PARTNERSHIP, FOR THE ACQUISITION OF PORTION OF 31877 DEL OBISPO STREET FOR THE WIDENING OF DEL OBISPO, CIP 111. 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. Mayor pro tem Nielsen led the Pledge of Allegiance; and Council Member Hribar gave the invocation. Mayor Soto dedicated the meeting to the late Dr. Joe Cortese, longtime resident, veterinarian, and community volunteer and leader, eulogizing his extensive contributions and extending condolences to Dr. Cortese's wife and family. Council Member Uso proposed dedication of a future dog park to Dr. Cortese. 11-18-2008 ROLL CALL COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mayor pro tem Mark Nielsen and Mayor Joe Soto COUNCIL MEMBERS ABSENT: Sam Allevato (excused) Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. ANNOUNCEMENTS OF CLOSED SESSION ACTIONS: Omar Sandoval, City Attorney, announced that no reportable actions were taken during closed session; and that Council Member Hribar recused himself and did not participate in discussion of the closed session regarding CIP No. 111 due to interest in the subject property. CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Hribar reported attendance at the Veterans Day Ceremony and the Ecology Center opening at the Congdon House. Other reports were withheld as a time savings. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen reported the Open Space Committee will meet on December 1, 2008 at 6:30 pm to discuss prioritizing grant proposals, open space master planning, and land, uses. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: ■ Letters to Santa program; ■ Camino Real Playhouse presentation of the "A Christmas Carol;" ■ Santa available for home and Holiday parties; ■ Annual Tree Lighting, Candlelight Procession to the Mission, ZOOMARS live nativity scene and hay rides, strolling carolers, evening shopping; and Holiday Toy Express train at the depot with Santa collecting unwrapped toys for Spark of Love Toy Drive ■ Youth Advisory Board's "Lunch with Santa" event INTRODUCTIONS AND PRESENTATIONS NOVEMBER 23 THROUGH 28, 2008 PROCLAIMED "NATIONAL FAMILY WEEK" BY MAYOR SOTO (610.40) 2 11-18-2008 2. COMMISSIONERS PRESENT AT THE MEETING (110.10) Mayor pro tem Nielsen introduced the following individuals in attendance: Robert Cardoza and Gene Ratcliffe, Planning Commission; Laura Freese, Housing Advisory Committee; and' Mark A. Sanchez, Battalion Chief, Orange County Fire Authority ORAL COMMUNICATIONS .loan Irvine Smith, city resident, inquired into the status of the Environmental Impact Report (EIR) release and public response period for the Ortega Highway widening; and suggested improved relations with the Rancho Viejo Company, Nasser Abbaszadeh, Public Works Director, provided information as to the timing of the EIR public release. Council Member Uso hoped to resolve any differences with the Rancho Viejo Company. Patrick Crowley, city resident, expressed views related to election signage, election concerns related to immigration, and city funding of CREER. Dusty Otero, city resident, .spoke regarding signage and code enforcement for new businesses and issues related tp the Juaneno tribe factions. Council Member Hribar explained current sign regulations. Steve Nelson, city resident, spoke regarding illegal immigration and the need for local government involvement. CONSENT CALENDAR Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Nielsen, and carried unanimously, 4-0, to approve items 1, 3, 4, 5 and 8 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES APPROVED: CITY COUNCIL ADJOURNED REGULAR MEETING OF OCTOBER 28, 2008 Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso, and carried unanimously, 4-0, to approve the minutes of the City Council for the Adjourned Regular Meeting of October 28, 2008 3. MINUTES APPROVED: CITY COUNCIL REGULAR MEETING OF NOVEMBER 4, 2008 4. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 5, 2008, IN THE TOTAL AMOUNT OF $1,160,244.79; AND PAYROLL WARRANTS DATED 3 11-18-2008 OCTOBER 31, 2008, IN THE TOTAL AMOUNT OF $307,340.77, RECEIVED AND FILED (300.30) 5. REPORT OF INVESTMENTS — MONTH ENDING SEPTEMBER 30, 2008, RECEIVED AND FILED (350.30) 6. AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT WITH TETRA TECH APPROVED (600.30) Nasser Abbaszadeh, Public Works Director, responded to Council questions related to cost increases. Council Action: Moved by Council Member Uso, seconded by Mayor Soto and carried unanimously, 4-0 to approve amendment No. 1 to the Personal Services Agreement with Tetra Tech; authorize the City Manager to Sign the amendment; and extend the term of the agreement and approve increased project design budget in the amount of $10,050. 7. AGREEMENT WITH ORANGE COUNTY ANIMAL CARE SERVICES FOR ANIMAL CARE SERVIES APPROVED (600.50) Michael Cantor, Senior Management Analyst, and Omar Sandoval, City Attorney, responded to Council questions related to the automatic renewal process, rate changes, and contract termination. Council Action: Moved by Council Member Hribar, seconded by Mayor Soto, and carried unanimously, 4-0, to approve the agreement with Orange County Animal Care Services for January 1, 2009 to June 30, 2009, in an amount not to exceed $65,000; and authorize the Mayor to execute the agreement. 8. RESOLUTION NO. 08-11-18-01 ADOPTED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ELECTING TO RECEIVE A SHARE OF TAX INCREMENT ALLOCATED UNDER THE SAN JUAN CAPISTRANO REDEVELOPMENT PLAN PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.7"(340.40) 9. REVISED CONSTRUCTION AND MAINTENANCE AGREEMENT FOR RAILROAD GRADE SAFETY ENHANCEMENTS APPROVED (SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY) (600.50) Omar Sandoval, City Attorney, and Nasser Abbaszadeh, Public Works Director, responded to Council questions related to the city's extent of liability ,and extent of safety improvements. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar, and carried unanimously, 4-0, to approved the revised Construction and 4 11-18-2008 Maintenance Agreement for railroad grade safety enhancement and safety measures related to Quiet Zone implementation with Southern California Regional Rail Authority. 10. MILLS ACT CONTRACT APPROVED: FRANK A FORSTER MANSION, 27182 ORTEGA HIGHWAY, (AP1N 666-214-09) (PHILLIP CHARIS) (600.30) Omar Sandoval, City Attorney, responded to Council questions. Council discussion: ■ Impact of requiring compliance with local laws ■ Goal of Mills Act to 'lower taxes to allow for upkeep Council Action: Moved by�Mayor pro tem Nielsen, seconded by Council Member Hribar, and carried unanimously, 4-0, to approve a Mills Act contract for the maintenance and preservation of 27182 Ortega Highway, Frank A. Forster Mansion, APN 666-241-09, with Phillip Charis; and the Community Development Department directed to process recording of the Mills Act Contract. 11. ASSIGNMENT AND ASSUMPTION OF THE DEVELOPMENT AGREEMENT FOR WHISPERING HILLS ESTATES (VTM 16634) (RANCHO SAN JUAN DEVELOPMENT, LLC) (600.30) Omar Sandoval, City Attorney, responded to questions and noted that correspondence was .received today from Whispering Hills, LLC and distributed to Council on the dais. Todd Cunningham, President of Woodbridge Homes, spoke regarding the request for assignment of the development agreement. Blain Peterson, Senior Vice President with IHP Capital Partners and managing member of Whispering Hills LLC, reviewed the current partnership and proposed partnership arrangements for the development. Council Comments: City has fiduciary responsibility and therefore needs more detailed information regarding ownership structure and financial stability. Council Action: Moved by Council Member Hribar, seconded by Mayor Soto and carried unanimously, 4-0 to continue this item until additional information can be provided to the City Council. PUBLIC HEARINGS: None 1 5 11-18-2008 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. CITY MANAGER a. ORDINANCE AMENDING ORDINANCE NO. 883: FIRST READING AND INTRODUCTION APPROVED (340.10) Douglas Dumhart, Economic Development Manager, summarized the agenda report Meg Monahan, City Clerk, read the title of the ordinance. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar, and carried unanimously, 4-0 to approve first reading and introduction of an ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 883 TO CLARIFY ITS APPLICATION TO THE ENTIRE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA." G2 UTILITIES DIRECTOR a. PERSONAL SERVICES AGREEMENT WITH ENVIRON STRATEGY CONSULTANTS, INC. APPROVED RELATED TO MTBE IN GROUNDWATER AT THE KINOSHITA FARM {600.30} John O'Donnell, Utilities Director, summarized the agenda report. John McNamara, representing Environ Strategy Consultants Inc., provided a PowerPoint presentation and responded to questions. Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Nielsen, and carried unanimously to approve a Personal Services Agreement with Environ Strategy Consultants Inc. for $97,060.00 to implement the September 2008 Work Plan for the former underground storage tanks and MtBE in the groundwater at Kinoshita Farm; and $140,000 appropriated from the Water Reserve Fund for the work. 11 -18 -Zoos G3 CITY ATTORNEY a. MEMORANDUM OF UNDERSTANDING WITH CHEVRON FOR MTBE WELL HEAD TREATMENT SYSTEM — ITEM WITHDRAWN FROM THE AGENDA (600.30) ORDINANCES: 1. ORDINANCE NO. 948 ADOPTED: PERTAINING TO NUISANCE ABATEMENT EXPENSES AND ESTABLISHING AN ADMINISTRATIVE CITATION PROGRAM (585.10) Meg Monahan, City Clerk, read the title of the Ordinance. Council Action: Moved by Council Member Uso, seconded by Council Member Nielsen, and carried unanimously to adopt Ordinance No. 948 entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 1 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO PROVIDE FOR THE RECOVERY OF NUISANCE ABATEMENT EXPENSES AND THE ADOPTION OF AN ADMINISTRATIVE CITATION PROGRAM." COUNCILMANIC ITEMS: Council Member Uso reported that he planned to meet with Jeff Parkhust, Sheldon Cohen, and staff to gather information related to the development review process, in an effort to streamline the process. ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 7:59 p.m, to Tu y, D ember 2, 200$ at 5:30 p.m, for Closed Session and 6:30 p.m. for the P blic uiness Session in the City Council Chamber. bmitted, ONAHAW CIMCLERK : December 2, 2008 ATTEST: W. MA O 7 11-18-2008