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09-1020_CC_Minutes_Regular MeetingMINUTES October 20, 2009 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Nielsen called the Regular Meeting of the City Council to order at 5:35 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese, Mayor pro tem Dr. Londres Uso and Mayor Nielsen COUNCIL MEMBERS ABSENT: None l : • ► � 11IM000 CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.9(c), the City Council will confer with legal counsel pertaining to initiation of litigation involving one potential case. a. Pursuant to Government Code Section 54956.9(x), the City Council conferred with legal counsel pertaining to existing litigation in the matter of Save Our San Juan vs. City of San Juan Capistrano. b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of Scalzo vs. City of San Juan Capistrano. C. Pursuant to Government Code Section 54957, the City Council considered the appointment or employment of a City Clerk. d. Pursuant to Government.Code Section 54957.6, the City Council conferred with its labor negotiators (City Manager, Assistant City Manager, and Human Resources Manager) pertaining to the salary, compensation, and terms of employment involving the City Clerk. BUSINESS SESSION: Mayor Nielsen called the Regular Meeting of the City Council of the City of San Juan Capistrano at 6:50 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance and Council Member Freese gave the invocation. Mayor Nielsen dedicated the meeting to the late Reverend Canon Ernest Sillers. 10-20-2009 ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese, Mayor pro tem Dr. Londres Uso and Mayor Nielsen COUNCIL MEM BERS/DI RECTORS ABSENT: None 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: Mayor Nielsen announced that no reportable actions took place in Closed Session. CITY COUNCIL COMMENTS & ORAL REPORTS: IN Toll Road Agency meeting. ■ Meeting with the President of the Chamber of Commerce. ■ Community Trails Committee meeting. ■ Transportation Corridor Agencies (TCA) Cinco Cities Meeting. ■ Vintage event at the Mission. ■ Ecology Center Board meeting. ■ Set-up volunteering for the Vintage event. ■ Presentation at Mission Parish School, awarded the Blue Ribbon School. ■ 90th Anniversary of Community Presbyterian Church. ■ Meeting with Mayors and City Managers of South Orange County Cities and Orange County Sheriff Sandra Hutchens. OPEN SPACE COMMITTEE REPORT Mayor Nielsen reported that the next meeting of the Open Space Committee will. be held Monday, November 2, 2009 at 6:30 p.m. in the City Council Chambers ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: ■ "Downtown Farmer's Market" ■ Siren Test from San Onofre Nuclear Generating Station (SONGS). ■ "The Successful Aging Series" hosted by the San Juan Capistrano Community Services Department. ■ Annual "Rotary Rummage Sale". E "Ghost Walk" at the O'Neill Museum. 7tn Annual Barn Dance", hosted by the San. Juan Capistrano Equestrian Coalition. ■ "OKTOBERFEST", at the Swallow's Inn. ■ "Trick or Treat Tea Party", hosted by The Tea House. ■ "Dia de los Muertos (Day of the Dead)", held at the Library. ■ Joseph Yasha, Classical Guitarist, playing at the Mission. 10-20-2009 ■ "Garden Tours", conducted by the Mission San Juan Capistrano's Gardening Angels. ■ "Light the Night Feed the Need Halloween Carnival", at the Capistrano Valley Christian School". ■ "20th Annual Seniors Prom", at the Irvine Marriott. ■ "Noise Off' play, at the Camino Real Playhouse. INTRODUCTIONS AND PRESENTATIONS 1. MAYOR PRO TEM USO INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Orange County Fire Authority Division Chief Rick Robinson. ORAL COMMUNICATIONS ■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega Highway Widening and the Irvine Museum's new book entitled, "Selections from the Irvine Museum". ■ Teri Garza, Regional Library Manager, announced the "Day of the Dead" event. ■ Jeff Pea, President of Casitas Homeowners Association 11, spoke regarding concerns with 1) Area at corner of Calle Chueca and Calle Esplendor being used as a dumping ground. 2) Noise and lights from sport activities being held at the athletic fields from JSerra High School. Mayor Nielsen, requested staff to look into the matter. ■ Clint Worthington, City resident, distributed a soil investigation report for Rancho Mission Viejo and requested environmental studies be perform to the property. ■ Lennie DeCaro, City resident, spoke regarding concerns with the Rancho Mission Viejo Purchase Agreement, and the need for environmental studies. CONSENT CALENDAR Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1 through 5 and 11 through 15 as recommended by staff. D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. D2, CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 6, 2009, APPROVED AS SUBMITTED. D3. RESOLUTION NO. 09-10-20-01 ADOPTED REQUESTING ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE $137,656.00 OF COMBINED TRANSPORTATION PROGRAM FUNDS FOR ORTEGA HIGHWAY SIGNAL TIMING AND COORDINATION (CIP NO. 07114) (820.25) Nasser Abbaszadeh, Public Works Director, provided a staff report and responded to questions. 3 10-20-2009 Council Comment: ■ Felt that the 35-45 ft. permanent poles would not add to the beauty of the City. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Uso, and carried 4-1 with Council Member Freese opposed to adopt RESOLUTION NO. 09-10-20-01, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR ORTEGA HIGHWAY SIGNAL TIMING AND COORDINATION". ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT. COUNCIL MEMBER: Allevato, Hribar, Uso and Mayor Nielsen Freese None D4. RESOLUTION NO. 09-10-20-02 ADOPTED BANNING PARKING ON THE WEST SIDE OF ALIPAZ STREET FROM 370 FEET NORTH OF DEL OBISPO STREET TO CALLE RIO VISTA (570.20) Written Correspondence: ■ Corinne M. Arenal, City resident, letter dated October 19, 2009, in favor of the parking prohibition on Alipaz Street for traffic safety reasons. ■ Robert and Miriam L. Gannon, City residents, letter dated October 19, 2009, suggesting the City pave the narrow strip adjacent to the roadway on the east side of Alipaz Street. ■ Tom and Julie Boyd, letter received October 19, 2009, requesting a no - parking anytime red -curb zone at the alleyway and repair and add a fresh blacktop with yellow strip at Alipaz Street. Public Comment: ■ Joe Napoli, City resident, requested that Alipaz Street be widen and remove the red -.curb paint to allow for resident parking. ■ Corinne Arena[, City resident, spoke in favor of parking restrictions due to safety issues. ■ Tom and Julie Boyd, spoke in favor of the parking restrictions and requested that the street be repaired with a fresh blacktop and re -striped in yellow. Council Comment: ■ Alipaz should be widen for a couple hundred feet to allow for additional parking. ■ Concern with moving to fast to prohibit parking on both sides of the street. 4 10-20-2009 Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Uso, and carried 3-2 with Council Member Hribar and Mayor Nielsen opposed to adopt RESOLUTION NO. 09-10-20-02, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ESTABLISHING "NO PARKING ANYTIME" ON THE WEST SIDE OF ALIPAZ STREET, NORTH OF DEL OBISPO, EXCEPT FOR THE SOUTHERNMOST 370 FEET". ROLL CALL: AYES: COUNCIL MEMBER:. NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Allevato, Freese, Mayor pro tem Uso Hribar and Mayor Nielsen None D5. STATUS REPORT AND CONSTRUCTION SCHEDULE ON THE WIDENING OF A SECTION OF VALLE ROAD (TENTATIVE TRACT MAPS 14196 AND 15609 SUNCAL DEVELOPMENT), RECEIVED AND FILED (420.40/600.30) Nasser Abbaszadeh, Public Works Director, responded to questions. Council Comment: ■ Request for staff to bring regular status reports back to the City Council. Council Action: Moved by Mayor Nielsen, seconded by Council Member Hribar, and carried unanimously to receive and file the status report on the construction schedule on the widening of a section of Valle Road; and staff directed to bring regular status reports back to the City Council. D6. AGENCY -STATE AGREEMENT NO. 12-5372R, PROGRAM SUPPLEMENT AGREEMENT NO. 011-N, FOR CAMINO CAPISTRANO ASPHALT CONCRETE OVERLAY FROM SAN JUAN CREEK ROAD TO LA ZANJA IN THE AMOUNT OF $500,000, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE SIMILAR AGREEMENTS (600.50) D7. AGREEMENT FOR AFTERSCHOOL PROGRAM WITH THE BOYS AND GIRLS . CLUBS OF CAPISTRANO VALLEY, APPROVED (600.30) Karen Crocker, Community Services Director, responded to questions. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Uso, and carried unanimously to approve the aftersch©oi agreement with the Boys and Girls Clubs of Capistrano Valley for the period of October 21, 2009 through June 30, 2010, D8. AMENDMENT NO. 1 TO- PERSONAL SERVICES AGREEMENT WITH APA ENGINEERING FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR JUNIPERO SERRA ROAD AND RANCHO VIEJ6 ROAD INTERSECTION IMPROVEMENTS SUBJECT TO FINAL APPROVAL FROM THE CITY MANAGER UPON FURTHER NEGOTIATIONS (600.30) 5 10-20-2009 Nasser Abbaszadeh, Public Works Director, provided a staff report and responded to questions. Council Comment: ■ Concern with overages for projects. ■ Felt cost described in the Additional Work letter for the project are excessive. Staff should re -negotiate the cost for the additional work needed. ■ Concern project delays if it goes back for re -negotiation. ■ Preference in not having delays in the project due to traffic congestion and safety issues in the intersection. ■ Preference in the City Manager authorizing the re -negotiations and executing the Amendment to the agreement in order to avoid delays. Council Action: Moved by Mayor Nielsen, seconded by Council Member Freese, and carried 4-1 with Council Member Allevato opposed to direct staff to further negotiate Amendment No. 1 to Personal Services Agreement with APA Engineering for the preparation of plans and specifications for Junipero Serra Road and Rancho Viejo Road Intersection Improvements and term of agreement and increase of project design; final negotiation price is subject to approval from the City Manager without coming back to the City Council. ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Hribar, Freese, Uso and Mayor Nielsen Allevato None D9. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF SEPTEMBER 23, 2009 (ORCHARDS/CLC PROJECT WORKSHOP), APPROVED AS SUBMITTED. D10. RESOLUTION NO. 0910-20-03 ADOPTED AUTHORIZING THE SALE OF THE CITY'S PROPOSITION 1A RECEIVABLE TO CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (600.50) Cindy Russell, Assistant City Manger, responded to questions. Council Action: Moved by Mayor Nielsen, seconded by Council Member Freese, and carried unanimously to adopt RESOLUTION NO. 09-10-20-03, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH"; and authorize the Administrative Services Director, Assistant Administrative Services Director, and City Clerk to execute. 10-20-2009 D11. BID AWARD RATIFIED BY THE COUNTY OF ORANGE ON BEHALF OF SAN JUAN CAPISTRANO FOR THE ORTEGA HIGHWAY 12 -INCH POTABLE LINE PROJECT TO GRIFFITH COMPANY THROUGH CONTRACT AGREEMENT NO. D08-050; COUNTY CHANGE ORDER NO. 14 1N THE AMOUNT OF $44,174.15 TO THE CONTRACT WITH GRIFFITH COMPANY FOR CONTRACT MANAGEMENT SERVICES WITH THE COUNTY OF ORANGE PERTAINING TO THE CITY'S PORTION OF THE PROJECT AS DEFINED BY CONTRACT NO: D08-050, APPROVED, AND CITY MANAGER AUTHORIZED TO SIGN THE CHANGE ORDER; AND AMENDMENT OF MAY 7, 2009 TO CONTRACT NO. D08-050 WITH THE COUNTY OF ORANGE FOR CONSTRUCTION MANAGEMENT SERVICES REDUCING THE DEPOSIT AMOUNT DUE FROM $675,000 TO $500,000, RATIFIED (600.50) PUBLIC HEARING: 1. GENERAL PLAN HOUSING ELEMENT e CONTINUED TO JANUARY 19, 2010 (440.25) Steve Apple, Community Development Director, . provided a staff report and responded to questions. Council Action: Moved by Mayor pro tem Uso, seconded by Council Member Alevato, and carried unanimously to continue the General Plan Housing Element to the meeting of January 19, 2010. RECESS AND RECONVENE Council recessed to convene to the San Juan Capistrano Community Redevelopment Agency, and reconvened following. ADMINISTRATIVE ITEMS: G1. COMMUNITY DEVELOPMENT DIRECTOR a. RESOLUTION NO. 09-10-20-04 ADOPTED INITIATING AN AMENDMENT TO THE GENERAL PLAN LAND USE POLICY MAP AND THE OFFICIAL ZONING MAP FOR THE PLANNED COMMUNITY (PC) DESIGNATED PORTIONS OF THE CITY -OWNED FORMER SHEA PROPERTY; FORMER CARE SITE DESIGNATED FOR A DOG PARK; AND SOUTHERLY PORTION OF THE CITY - OWNED SHEA PROPERTY DESIGNATED FOR TEMPORARY EQUESTRIAN (530.401420.301670.20) Mayor pro tem Uso recused himself due to a property interest within 500 feet of the Dog Park site. Steve Apple, Community Development Director, provided a staff report and responded to questions. 7 10-20-2009 Council Comment: = The temporary equestrian use at the Shea Property should not compete or take business from local stables. = Temporary equestrian uses could be a staging area, pasture for older horses or growing grounds. 15t Council Action: Moved by Council Member Freese, seconded by Council Member Hribar, and carried 4-0-1 with Mayor pro tem Uso recused to designate the Former CARE Site for a Dog Park; and staff directed to prepare conceptual design plans and cost estimates for Open Space Committee review and comment and City Council's review and approval. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor Nielsen NOES: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER Mayor pro tem Uso 2nd Council Action: Moved by Council Member Hribar, seconded by Council Member Freese, and carried 4-0-1 with Mayor pro tem Uso recused to designate the southerly portion of the City -owned Shea Property, formerly used for equestrian purposes, for temporary equestrian use; staff directed to prepare and solicit a Request for Proposal (RFP) from interest parties with a term as determined by City Council; and request for proposals to include designation as equestrian and/or agricultural low impact temporary use. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor Nielsen NOES: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER Mayor pro tem Uso 3rd Council Action: Moved by Council Member Hribar, seconded by Council Member Freese, and carried 4-0-1 with Mayor pro tem Uso recused to adopt RESOLUTION NO. 09-10-20-04 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING THE GENERAL PLAN AMENDMENT (GPA) STUDY PROCESS WITH RESPECT TO THE GENERAL PLAN LAND USE ELEMENT DESIGNATIONS OF THE CITY -OWNED FORMER SHEA PROPERTY (CITY -OWNED SHEA PROPERTY)", ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor Nielsen NOES: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER Mayor pro tem Uso 8 10-20-2009 b. CITY CODE ENFORCEMENT PHYLOSOPHY — NO ACTION TAKEN (450.40) Steve Apple, Community Development Director, provided a staff report and responded to questions. Council Comment: ■ Preference in having at least one day of the weekend covered for code enforcement. ■ Should be proactive regarding real estate size signs by contacting the property managers and encourage to change the size of the signs. ■ Requested staff to provide a memorandum to the City Council clarifying existing sign codes and amortization. ■ Need to have specific sign ordinances for car dealerships and historical buildings. ■ Need to do a code enforcement clean sweep and be proactive with continued enforcement. ■ Need more monuments signs to promote business that lack visibility. ■ Should look into code enforcement staffing needs. ■ Code enforcement should not be primarily driven by complaint, but by monitoring the major arterials streets throughout the City. ■ Direction is not to be proactive in a negative way, but help the businesses conform with the City's Municipal Code. ■ Need to be proactive, sensitive and business friendly. ORDINANCES: None COUNCILMANIC ITEMS: 11, ADJUSTMENT TO THE MAXIMUM SPECIAL TAX LEVY FOR FY 2009110 COMMUNITY FACILITIES DISTRICT 98-1A - CONTINUED TO NOVEMBER 3, 2009 (600.501340.40) Written Correspondence: ■ John Sherwood, City resident, petition dated October 16, 2009, requesting a reduction of the tax levy for CFD 98-1A from the Pacifica San Juan Community. Cindy Russell, Assistant City Manager, provided an agenda report and responded to questions. Public Comment: ■ Alex Dinsmoor, City resident, spoke regarding the continuous delays and lack of interest from the Capistrano Unified School District concerning the matter and thanked the City Council for supporting the Pacifica San Juan residents. ■ Mike McClellan, City resident, gave information regarding the developer's bankruptcy and thanked the City Council for their support on the matter. 9 10-20-2009 Council Comment: ■ Item should be postponed for two weeks in order to allow time for the Capistrano Unified School District to review with their Board of Trustees. Council Action: Moved by Mayor pro tem Uso, seconded by Council Member Freese, and carried unanimously to continue the matter to the meeting of November 3, 2009, Council Member Allevato requested that the contractor performing the work for Del Obispo and Camino Capistrano Intersection Improvements project set plates on the driveways of EI Adobe Plaza for proper ingress and egress. ADJOURNMENT: There being no further business, Mayor Nielsen adjourned the meeting at 9:59 p.m. to Tuesday, November 3, 2009 at 2:00 p.m. for a Joint City Council/Utilities Commission Workshop, and then to November 3, 2009 at 5:30 p.m. for Closed Session, and 6:30 p.m, for the public Business Session, and then to Wednesday, November 4, 2009 at 3:00 p.m. for a Long Term Vision/Strategic Plan, in the City Council Chamber. submitted, S, ACTING CITY CLERK Approved: November 3, 2009 ATTEST: MARK NIELSEN, MAYOR 10 10-20-2009