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10-0921_CC_Minutes_Regular MeetingMINUTES September 21, 2010 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Uso called the Regular Meeting of the City Council to order at 5:32 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen, Mayor pro tem Freese, and Mayor Dr. Londres Uso COUNCIL MEMBERS ABSENT: None PUBLIC COMMENT: None CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: a. . Pursuant to Government Code Section 54956.9(c), the City Council conferred with legal counsel pertaining to one potential item for initiation of litigation. b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the writ of mandate matter of Scalzo vs. City of San Juan Capistrano. c. Pursuant to Government Code Section 54956.8, the City Council met with its Real Property Negotiator (City Manager) concerning the price and terms of payment for the purchase, sale, exchange or lease of certain real property known as 31910 and 31920 Del Obispo (Serra Plaza), in the City of San Juan Capistrano, California. The property owner's negotiating party is Bill Griffith of Rivendell Land Company, Inc. d. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of City of San Juan Capistrano v. State of California Dept. of Transportation (Caltrans). BUSINESS SESSION: Mayor Uso called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:38 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance and Mayor pro tem Freese gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen, Mayor pro tem Freese, and Mayor Dr. Londres Uso COUNCIL MEMBERS/DIRECTORS 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 Uso announced that the City and Chevron USA, Inc. have agreed in concept to settlement deal points that will be used by legal counsel for use in drafting a final settlement agreement; therefore, the scheduled Proposition 218 Public Hearing and process, as well as consideration of the agendized MtBE surcharge Item E1, is cancelled. The result of this action means that no additional water rate increase will be imposed on San Juan Capistrano residents, and that discussions of any proposed automatic pass-through for power costs will not be considered at this time. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: ■ 9/11 Commemoration and Indigenous American Festival. League of California Cities Conference. OPEN SPACE COMMITTEE REPORT Council Member Nielsen announced that the next Open Space Committee meeting had discussions at their last meeting on September 13, 2010, regarding recommendations of opening public accessibility, and a presentation regarding adding a water trough and sitting area by the Open Space Foundation. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: ■ San Juan Capistrano Farmer's Market. ■ Annual Creek Cleanup. ■ Habitat for Humanity dedication of final 18 units. ■ The Shea Center Family BBQ & Country Faire. ■ Multicultural Arts Series ■ The Great Western Grub Fest. ■ The Rotary Midge Run and Walk ■ 8 t Annual Barn Dance and Equestrian Fair. INTRODUCTIONS AND PRESENTATIONS LARRY THOMAS RECOGNIZED AS BUSINESS LEADER OF THE YEAR (610.40) Mayor Uso recognized Larry Thomas for his contribution to the business with the Mayor's Award for 2010 Business Leader of the Year. 2 9/21/2010 2. GEORGE ARREOLA, MAINTENANCE WORKER II RECOGNIZED FOR 35 YEARS OF SERVICE (730.20) Mayor Uso recognized George Arreola, Maintenance Worker II, for 35 years of service and presented him with a certificate of appreciation. 3. SIERRA CLUB GLOBAL WARMING COMMITTEE RECOGNIZED THE CITY FOR PARTICIPATING IN THE JUICING ORANGE COUNTY SURVEY (610.40) Diane Etchinson and Judy Jones, Sierra Club Global Warming Committee, presented the City with an award of recognition certificate for participating in the Juicing Orange County Survey. 4. SEPTEMBER 25, 2010, PROCLAIMED AS INNER -COASTAL WATERSHED CLEANUP DAY (610.40) Mayor Uso proclaimed September 25, 2010, as Inner -Coastal Watershed Cleanup Day and presented a proclamation to Kathy Holman and the Ortega 4H Rangers. 5. MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Jim Mocalis, Planning Commission; Dave Solt, William Bonney and Joanne Marques, Housing Advisory Committee; Larry Kramer, Transportation Commission; Gerald Muir and Alberto Barrera, Youth Advisory Board; and Teri Garza, Librarian. ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency ■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega Highway Widening project. ■ Dave Solt, City resident, announced an upcoming Affordable Housing Public Forum for South County Cities. • Derek Reeve, City resident, expressed concern with discussions under Closed Session regarding negotiations for the Serra Plaza property before the item is discussed in a public open session. Omar Sandoval, City Attorney, clarified that the City Council did have an open session related alternate to City Hall locations. ■ Jim Sorensen, City resident, spoke regarding excess salary, health and retirement benefits for public employees; asked that the City Council take action on the matter; and provided a handout to the City Council • Adam Sands, Neighborhood Services of Orange County, provided a presentation of launching a campaign against foreclosure scams. ■ Clint Worthington, City resident, expressed concern regarding possible Brown Act violations; and spoke regarding a blog from Council Member Allevato with erroneous information. Council Member Allevato made clarifications pertaining to the. blog. Council Member Nielsen clarified that the City does not have an agreement with the District Attorney's office because there were no Brown Act violations. ■ Teri Garza, Librarian, made a donation to the City of 500 surplus binder clips, and invited the City Council and the public to as "Open House". 3 9/21/2010 ■ Ian Smith, City resident, spoke regarding fire dangers from City owned land; stated that solid waste collection fees should be increased per the agreement; expressed concerns with lack of response of inquiries regarding petroleum lines close to his residence; and concern with high water bills. Mayor Uso stated that the City Council has been working diligently for years to settle with Chevron for the MtBE contamination before the Proposition 218 hearing took place. Council Member Nielsen made clarification regarding the rate increase taking place in July instead of January. ■ Kim McCarthy, City resident, spoke regarding lack of support from the City Council to use E -Verify for all businesses in the City; and expressed lack of support for incumbents. Mayor Uso clarified that he proposed an E -Verify program for all businesses in the City. Council Member Allevato stated that the E -Verify program that was proposed by the Mayor was mandatory, but felt that the sanctions would be hard to enforce, and instead opted for a volunteer program. ■ Sal Scarantino, City resident, expressed concern regarding high water rates; lack of monitoring of City's meters; and felt that a ballot initiate is needed to cap water rates to the level of surrounding communities. ■ Robert Lavacot, City resident, spoke regarding problems with over population of crows in the landfill and the danger they impose on the City's swallows nests. ■ Geoffrey K. VonMuff, City resident, spoke regarding high water rates, and was glad to see that the residents will not be charged for an MtBE surcharge. ■ Kim Lefner, City resident, felt that there is no evidence in the water budget that shows a need to increase rates or implement an MtBE surcharge; and asked that the City Council conduct an audit of the Ground Water Recovery Plant, as is not producing the amount of water to pay for itself. Cindy Russell, Chief Financial Officer/Treasurer, clarified that funds generated by water billing is only used for water services delivery to the community. ■ Steve Behmerwold, City resident, spoke regarding the riding park Class 1 bikeway trail improvements lack of striping paint, and spoke regarding lack of signage and bike lanes on northbound Camino Capistrano and Calle Aeropuerto. Council Member Nielsen asked to agendize issues of construction impacts to the bike trails/paths; and asked that the City address the issues with the lack of paint to complete the resurfacing project on Camino Capistrano and San Juan Creek Road. Nasser Abbaszadeh, Public Works Director, stated that there's a statewide shortage of thermoplastic paint, and should. receive the paint in 4-5 weeks. Mayor pro tem Freese expressed concern, and stated that it was unacceptable. Mayor Uso, stated that is a matter of public safety, and should look for a temporary solution. Council Member Nielsen, asked the City Attorney look into the contract for possible liquidated damages for lack of materials. Richard Hill Adams, City Resident, expressed concern with over population of crows in the landfill. CONSENT CALENDAR: Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Freese, and carried 4-0-1 with Council Member Allevato absent (stepped out of the Chamber) to approve consent calendar items 1 through 10, 12, 17 and 18 as recommended by staff. Motion to Read Ordinance by Title Only 4 9/21/2010 2. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 3, 2010 (CLOSED SESSION), APPROVED 3. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 7, 2010 (CLOSED SESSION), APPROVED 4. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 7, 2010, APPROVED 5. CLAIM OF MADELINE LUDDY DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 6. CLAIM OF DILLON LUDDY DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 7. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 26, 2010, IN THE TOTAL AMOUNT OF $2,299,645.31; AND PAYROLL WARRANTS DATED AUGUST 20, 2010, IN THE TOTAL AMOUNT OF $179,451.56, RECEIVED AND FILED (300.30) 8. REPORT OF INVESTMENTS — MONTH ENDING DECEMBER 31, 2009 AND JUNE 30, 2010, RECEIVED AND FILED; AND CITY CLERK DIRECTED TO FORWARD THE REPORT TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (350.30) 9. REVISED ANNUAL UPDATE OF INVESTMENT POLICY FOR FISCAL YEAR 2010/11, APPROVED (350.30) 10. BID AWARDED TO HUNTINGTON BEACH HONDA FOR A FULLY EQUIPPED 2010 HONDA ST 1300 POLICE MOTORCYCLE IN THE AMOUNT OF $27,764.23 (350.30) 11. RESOLUTION NO. 10-09-21-01 ADOPTED APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR USERS FOR CLASS I BIKEWAY AND EQUESTRIAN TRAIL IN THE CITY'S EASTERN OPEN SPACE (940.45) Nasser Abbaszadeh, Public Works Director, provided a staff report. Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried 4-0-1 with Council Member Allevato absent (stepped out of the Chamber) to adopt Resolution No. 10-09-21-01, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR USERS FOR CLASS I BIKEWAY AND EQUESTRIAN TRAIL IN THE CITY'S EASTERN OPEN SPACE". 5 9/21/2010 ROLL CALL: AYES: COUNCIL MEMBER: Hribar, Nielsen, Freese, and Mayor Uso NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Allevato (stepped out of the Chamber) 12. COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE PARTICIPATION IN THE TRABUCO CREEK HABITAT RESTORATION PLAN, APPROVED (600.50) 13. AGREEMENT FOR AFTERSCHOOL PROGRAM WITH THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY IN THE AMOUNT OF $78,058 FOR AFTERSCHOOL PROGRAMS FROM SEPTEMBER 21, 2010, THROUGH JUNE 30, 2011, APPROVED (600.30) Karen Crocker, Community Services Director, responded to questions. Public Comments: • James Littlejohn, Boys and Girls Clubs of Capistrano Valley, stated that the program provides security for families, gang prevention, and felt that cutting the program would only hurt the City's youth; and responded to question. Council Comments: • Supports the Boys & Girls Club, but felt that the City needs to treat all the programs equally, and be fiscally responsible during hard economic times. • Felt that the program provides preventative maintenance for a small investment as the program keeps kids away from gangs. • The City has previously reduced funding; felt that the program benefits the City's youth; and important to preserve as prevention is less costly. • Feltthat preventative measures are often set aside creating greater problems later on; and expressed support for the program. • Important to support the afterschool program during hard economic times, and felt that the budget should be re -visited in order to increase to the original funded amount. • Need to have responsible development that will increase the City's revenue in order to prevent reduction to programs that benefit the City. Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Freese, and carried unanimously to approve an agreement for afterschool program with the Boys & Girls Clubs of Capistrano Valley in the amount of $78,058 for afterschool programs from September 21, 2010 through June 30, 2011; and look for additional available funding during the mid -year budget. 14. AMENDMENT NO. 1 FOR A SEVEN (7) MONTH EXTENSION TO PERSONAL SERVICES AGREEMENT WITH SYNOPTEK, INC. IN THE AMOUNT NOT TO EXCEED $17,972.50 PER MONTH, WITH THREE (3) POSSIBLE EXTENSIONS EQUAL IN DURATION TO SIX MONTHS (6), APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENTS (600.30) 6 9/21/2010 Pooja Gupta, Technology Services Manager, , provided a staff report and responded to questions. Council Comments: • Appreciated the reduction in the fees, but expressed preference in the City requesting proposals for the services (RFP). Council Action: Moved by Council Member Nielsen, seconded by Council Member Allevato, and carried 4-1 with Mayor pro tem Freese opposed to approve Amendment No. 1 for Information Technology Management Services with Synoptek for a seven (7) month extension in an amount not to exceed $17,972.50 per month; and any additional extensions are to come back to the City Council for approval. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen and Mayor Uso NOES: COUNCIL MEMBER: Mayor pro tem Freese ABSENT: COUNCIL MEMBER: None 15. AGREEMENT WITH PANTERRA NETWORKS FOR THE PURCHASE AND INSTALLATION OF A HOSTED UNIFIED COMMUNICATIONS SYSTEM IN THE AMOUNT NOT TO EXCEED $44,946.78 FOR THE FIRST YEAR, $50,908.94 FOR THE SECOND YEAR, AND $55,903.64 FOR THE THIRD YEAR, APPROVED; AGREEMENT WITH PANTERRA NETWORKS FOR THE PURCHASE OF CONTINGENCY ADDITIONAL COMMUNICATIONS HARDWARE IN THE AMOUNT NOT TO EXCEED $10,073 FOR THE INITIAL DEPLOYMENT IN THE FIRST YEAR, APPROVED; ANNUAL LICENSING AGREEMENT IN THE AMOUNT OF $55,903.64 AFTER THE THIRD YEAR AND ALLOW FOR ANNUAL INCREASES BASED ON THE CONSUMER PRICE INDEX, NOT TO EXCEED 3 PERCENT PER YEAR FOR SUBSEQUENT YEARS WITH THREE (3) POSSIBLE EXTENSIONS EQUAL IN DURATION TO THE INITIAL PERIOD; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENTS (600.30) Pooja Gupta, Technology Services Manager, provided a staff report and responded to questions. Council Comments: • Felt that the Service Level Agreement needs stronger liquidated damage language added that would provide an adequate credit to the City if the vendor is not able to meet his obligations. 7 9/21/2010 Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously to approve an agreement with Panterra Networks for the purchase and installation of a hosted unified communications system in the amount not to exceed $44,946.78 for the first year, $50,908.94 for the second year, and $55,903.64 for the third year; agreement with Panterra Networks for the purchase of contingency additional communications hardware in the amount not to exceed $10,073 for the initial deployment in the first year, approved; annual licensing agreement in the amount of $55,903.64 after the third year and allow for annual increases based on the consumer price index, not to exceed 3 percent per year for subsequent years with three (3) possible extensions equal in duration to the initial period; City Manager authorized to execute the agreements; and bring back to the City Council an amendment to the Level Service Agreement. 16. PERSONAL SERVICES AGREEMENT WITH INFOSEND, INC. FOR PRINTING, FOLDING, INSERTING, DESIGNING, AND MAILING SERVICES (600.30) Pooja Gupta, Technology Services Manager, provided a staff report and responded to questions. Council Comments: • Preference in the possibility of splitting the services in order to find local vendors that can provide the services. • Concurred with staff that there aren't any vendors available in the City. • Should look into including information on how to register with the City as a vendor in the City's business license renewals, inform the Chamber of Commerce and send out an a -news blast (press release). Council Action: Moved by Council Member Nielsen, seconded by Council Member Allevato, and carried unanimously to approve a Personal Services Agreement with InfoSend, Inc. for printing, folding, inserting, designing, and mailing services with three (3) possible extensions equal in duration to one year, in the amount not to exceed $200,000 annually; and City Manager authorized to execute the agreement. 17. PERSONAL SERVICES AGREEMENT WITH SOCAL PUMP & WELL DRILLING, INC. IN THE AMOUNT OF $28,166.25 FOR CLEANING, VIDEOING, AND REPLACEMENT OF THE PUMP AND COLUMN PIPE FOR THE DANCE HALL WELL THAT SUPPLIES A PORTION OF THE WATER TO THE GROUND WATER RECOVERY PLANT (600.30) 18. PERSONAL SERVICES AGREEMENT WITH DRILLING, INC. IN THE AMOUNT OF $28,166.25 AND REPLACEMENT OF THE PUMP AND CAPISTRANO VALLEY WATER DISTRICT NO. PORTION OF THE WATER TO THE GROUND (600.30) SOCAL PUMP & WELL FOR CLEANING, VIDEOING, COLUMN PIPE FOR THE 1 WELL THAT SUPPLIES A WATER RECOVERY PLANT 8 9/21/2010 19. AGREEMENT WITH MAINTSTAR, INC. FOR THE PURCHASE, INSTALLATION, AND IMPLEMENTATION OF AN INTEGRATED COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM (CMMS) ITEM PULLED FROM THE AGENDA BY STAFF (600.30) 20. DISCUSSION OF SOLID WASTE FRANCHISE FEE CALCULATION METHODOLOGY (600.50/810.20) Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to questions. Cindy Russell, Chief Financial Officer/Treasurer, responded to questions. Public Comments: Clint Worthington, City resident, stated that the City is using the wrong Producers Price Index (PPI) to calculate resident's rates; spoke regarding lack of adjustment to fees for solid waste reduction; and provided a handout to the City Council. Dean Ruffridge, CR&R, stated that CR&R has used the correct calculation methodology in their solid waste rates; stated that if a legal opinion was rendered otherwise, CR&R would review and make any necessary changes; and responded to questions from the City Council. Kim Lefner, City resident, stated that the City should use the Producers Price Index (PPI) from November 1 through October 31, as per contract; felt that there should be a decrease in the rates based on recycling diversion; and asked that the City perform an audit by an outside interest party. Council Comments: • Should look into the cost of conducting an audit to the Franchise Agreement with CR&R. Council Action: Moved by Mayor pro tem Freese, seconded by Mayor Uso, and failed 3-2 with Council Member Allevato, Council Member Hribar, and Council Member Nielsen opposed to direct staff to bring back to the City Council the cost of conducting an audit to the CR&R Franchise Agreement. ROLL CALL: AYES: COUNCIL MEMBER: Mayor pro tem Freese and Mayor Uso NOES: COUNCIL MEMBER: Allevato, Hribar and Nielsen ABSENT: COUNCIL MEMBER: None Council Action: Moved by Council Member Allevato, and back to the City' Council the Franchise Agreement, and conjunction with CR&R with a Solid Waste & Recycling Tons contract terms. Council Member Nielsen, seconded by carried unanimously to direct staff to bring cost of conducting an audit to the CR&R provide a presentation from staff in clarification to the calculations in the 2007-08 Summary Report (December 2008) under the 0 9/21/2010 PUBLIC HEARINGS: 1. CONSIDERATION OF PROPOSED CHEVRON MTBE WATER COMMODITY SURCHARGE AND AUTOMATIC PASS-THROUGH FOR POWER COSTS — PUBLIC HEARING CANCELLED (1050.20) Mayor Uso announced that the City and Chevron USA, Inc. have agreed in concept to settlement deal points that will be used by legal counsel for use in drafting a final settlement agreement; therefore, the scheduled Proposition 218 Public Hearing and process as well as consideration of the agendized MtBE surcharge Item E1, is cancelled. The result of this action means that no additional water rate increase will be imposed on San Juan Capistrano residents, and that discussions of any proposed automatic pass-through for power costs will not be considered at this time. 2. GENERAL PLAN AMENDMENT (GPA) 10-02; CODE AMENDMENT (CA) 10-01; ESTABLISHING GENERAL PLAN POLICIES IN THE LAND USE AND COMMUNITY DESIGN ELEMENTS, AMENDING THE ARCHITECTURAL DESIGN GUIDELINES, AND AMENDING TITLE 9, LAND USE CODE REGULATIONS FOR HOTELS AND MOTELS — CONTINUED TO OCTOBERS, 2010 (440.25) Public Correspondence: • Robert Olson, Submitted a letter dated September 20, 2010, in support of the proposed General Plan Amendment and Code Amendment. Grant Taylor, Development Services Director, provided a staff report and responded to questions. Mayor Uso open the public hearing and invited testimony. Public Testimony: • Deirdree Hurd, City Resident, had questions regarding the maximum allowable height for hotels, specifically the proposed Marriott Resident Inn, adjacent to the Villa San Juan Mobilehome Park. Grant Taylor, Development Services Director, responded to her questions, and invited her and her neighbors to attend an upcoming Design Review Committee meeting on October 7, 2010, that will be reviewing the Marriott Residence Inn's plans. Council Comments: • Need to move forward, but preference in better defining. what a hotel is; need to bold all the words "maximum"; agree with one (1) parking space per guest; and expressed importance in promoting economic development in order to provide for all the needed services. • Appropriate to bring back to Council a better definition of hotel; and expressed preference in adding the following language to the General Plan: "The normal commercial Floor Area Ratio (FAR) and height restriction of 35ft. is normally the maximum allowed, and increased FAR and height is allowed only if the project is found to bring superior architectural quality that benefits and enhances the surrounding community". 10 9/21/2010 Felt that developers need a starting point (benchmark) for FAR and height restrictions. Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Freese, and carried unanimously to continue the public hearing to October 5, 2010, with an updated definition of "Hotel', and adding to the General Plan language similar to: "The normal commercial Floor Area Ratio (FAR) and height restriction of 35ft. is normally the maximum allowed, and increased FAR and height is allowed only if the project is found to bring superior architectural quality that benefits and enhances the surrounding community". 3. GENERAL PLAN HOUSING ELEMENT CONTINUED TO OCTOBER 19, 2010 (440.20) Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Nielsen, and carried unanimously to continue the public hearing to October 19, 2010. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: G1. DEVELOPMENT SERVICES a. DISCUSSION OF SIGNAGE AND COMMERCIAL VEHICLE WEIGHT RESTRICTION FOR LOS RIOS STREET AREA (410.40/820.90) Public Correspondence: • Claudia and Allan Niccola, City residents, submitted a letter dated September 19, 2010, suggesting that delivery trucks issue be resolve by removing the rock barrier turnaround; addition of five additional speed humps; and putting a "no thru traffic sign at Ramos Street and Del Obispo. Teri Delcamp, Historic Preservation Manager, provided a staff report and responded to questions. Public Comments: • Jeff Vasquez, City resident, expressed concerned with vehicle weight restrictions; felt that the major issue with pedestrian safety is lack of visibility; importance to enforce speed limits; concerned with circulation if limited to a "one-way" street; and preference in keeping the old wooden sign on Del Obispo by the train tracks; and responded to questions from the City Council. • John Taylor, City resident, thanked the City Council for fixing the trash truck pick-up times; expressed preference in restricting delivery trucks over 6 tons to Mondays through Fridays before 9 am only, using the turn -around at the Los Rios Park for emergency deliveries and weekends; felt that the brick used in the entry plaza cannot hold delivery truck weight; and.preference in not having a one-way street. 11 9/21/2010 Richelle Rowland, City resident, expressed preference in maintaining the street open to vehicular access; proposed signs will help direct traffic properly, and felt speed bumps should be raised higher. Council Comments: • Suggested allowing truck deliveries only before 8 am or 9 am; and important to do law enforcement, especially the first few months of enforcement. • Felt that it was most important to have local traffic only, and installing "no public parking" signs on Paseo Adelanto, for safety reasons; and preference in having no trucks deliveries over 6 tons after 9 am, depending on the time businesses open in the morning; and supported the rest of the signs, and a monument sign at the end of Los Rios Street. • Preference in having a delivery time restriction; did not support restricting by the vehicles ton size, as it would be too complicated; and encourage to raise the height of the speed humps. • Expressed preference in restricting the delivery times only; need to prioritize "local traffic only" and "no parking" signs on Paseo Adelanto, in order to better direct tourists; should look at the speed humps to make sure that the height is appropriate; need to make signage at Del Obispo and Paseo Adelanto providing clear direction of the Los Rios Park parking entrance; and expressed preference in not replacing the wooden signs with modern signs, as it lacks authenticity and character. • Concurred with no weekend deliveries, and restricting weekday deliveries to a time that's appropriate to the merchants; supported the proposed signs; and felt. that the current speed humps should moved from the turn -around intersection area. • Requested staff to look into any provisions in restricting the delivery times for Fed Ex and UPS. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and carried unanimously to receive and file information regarding changes in the trash collection schedule and input received from businesses on Los Rios Street; staff directed to implement the proposed signing and miscellaneous enhancements intended to lessen vehicular traffic, including a prohibition of no weekend deliveries, and no deliveries on the weekdays after 9:00 a.m.; and keep both old funky signs located at the end of Verdugo Street and Del Obispo Street/Los Rios Street. b. CONSIDERATION OF LICENSE AGREEMENT TERMS FOR THE USE OF THE JOEL CONGDON HOUSE AT 32701 ALIPAZ STREET (THE ECOLOGY CENTER) — CONTINUED TO OCTOBER 5, 2010 (600.30) Public Correspondence: • Evan Marks, The Ecology Center, submitted an e-mail dated September 20, 2010, requesting that the item be continued in order to further review the License Agreement with staff. • Joe Soto, CREER Comunidad y Familia, submitted a letter dated September 18, 2010, asking that the City Council use the same criteria and standards applied with the CREER Comunidad y Familia License Agreement. 12 9/21/2010 Mayor pro tem Freese recused herself due to being a past Ecology Center Board Member. Council Action: Moved by Council Member Hribar, seconded by Council Member Nielsen, and carried 4-1 with Mayor pro tem Freese recused to continue the item to meeting of October 5, 2010. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor Uso NOES: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Mayor pro tem Freese C. DISCUSSION OF ALTERNATIVES FOR PARRA ADOBE REPAIR AND SALE OF PARRA ADOBE/HARRISON HOUSE PROPERTY (CIP NOS. 07402, 07405, 07407) (910.50/670.60) Teri Delcamp, Historic Preservation Manager, provided a staff report and responded to questions. Council Comments: • Preference in pursuing any interest in the purchase of the Harrison House/Parra Adobe property, and doing the minimum cost in the stabilization work necessary; need to look at other funding opportunities before relinquishing the grant funds. • Felt that the minimal stabilization work could be performed while pursuing an appropriate buyer; and do a full restoration while the property is in escrow, in order to recuperate funds after the sale becomes final. • Did not support the conditions in the grant; felt that the property is in a poor location that lacks proper ingress/egress; and concurred with spending four (4) to six (6) months in finding a buyer, and recuperate restoration funds. • Suggested that the property be available with a first right refusal for purchase to the Capistrano Indian Council, as they have used the property for many years to hold their monthly meetings and provide classes to the public. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Freese, and carried unanimously to direct Chief Financial Officer to evaluate methods for divesting ownership of the Harrison House/Parra Adobe property that ensure its continued preservation, and bring recommendations back to the City Council; move forward for three (3) to six (6) months without spending any funds, and if property is not divested, staff is to bring, back to the City Council for consideration of minimal structural stabilization work; bring back bids for approval to temporarily encapsulate/"mothball" adobe; pursue any alternative funding sources that would relieve the City's obligations under the grant; and provide the first right of refusal to the Capistrano Indian Council, but pursue sale to any purchaser willing to buy property. 13 9/21/2010 G2 CITY MANAGER a. STATUS REPORT OF THE OPEN SPACE/CONTINUING LIFE COMMUNITIES (OS/CLC) AD-HOC SUB -COMMITTEE REGARDING NORTHWEST OPEN SPACE (NWOS) AREA AT -GRADE RAIL CROSSING AND CLC OPEN SPACE PRESERVATION ALTERNATIVE (530.40/600.30) Public Correspondence: • Kim Lefner, City resident, submitted an e-mail dated September 17, 2010, expressing opposition to double -tracking down to Oso Road. Cindy Russell, Chief Financial Officer/Treasurer, provided a staff report and responded to questions. Public Comments: • Clint Worthington, City resident, asked the City Council for the dollar amount that Continuing Life Communities (CLC) will indemnify the City for the quiete zone liability. Mayor pro tem Freese responded that the Ad -Hoc Subcommittee does not have the information at this time; and clarified that at the last Ad -Hoc Subcommittee meeting with Orange County Transportation Authority (OCTA) the discussion was regarding an at -grade rail crossing and siding, and not quiete zones. • Kim Lefner, City resident, expressed opposition in allowing a siding or an additional main railroad track; and felt that the City Council should not facilitate double tracking in order to accommodate the developer. Council Comments: • Clarified that the siding would end at the Trabuco Creek railway bridge north of Oso Road, before the creek crossing; and outside of any development area; and stated that the renewed Measure M plan, the amount of trains planned to be doubled, but from the Laguna Niguel station north, and not into San Juan Capistrano; need to be mindful of the alternative transportation versus building additional freeways, and is up to the City Council and the residents to decide to support public transportation or not, in order to reduce traffic; and believed that the Orange County Transportation Authority (OCTA) has the right to add double -tracking in their right-of-way. • Stated that OCTA is aware of the City's sensitivity of the area; the Ad -Hoc subcommittee is requesting that OCTA provide in writing their commitment to never add double -tracking through the downtown, and their definition of downtown; OCTA have agreed not to add double -tracking south of Trabuco Creek Bridge, and to provide this acknowledgement in writing, and approved by appropriate parties; and stated that is helpful to have the City of San Clemente share the same concerns. • Supports the Ad -Hoc Subcommittee's proposal, and expressed support for the CLC project and double -tracking. • Express lack of support for double tracking, and felt that the issue is about siding that would not go beyond Trabuco Creek Bridge; by allowing the siding north of Trabuco Creek Bridge will provide the ability to better utilize the Laguna Niguel Station, and improve the utilization of the transit system; and felt that the impact to the community is minimal compared to the benefits. 14 9/21/2010 • Felt that if approved the City could end up at some point in time with double -tracking through town, and could not support. Council Motion: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried 4-1 with Mayor Uso opposed to direct the Ad -Hoc Subcommittee to pursue with Orange County Transportation Authority (OCTA) a Memorandum of Understanding (MOU) to include the following concepts: • A siding will be supported by the City from the north City limit only to Trabuco Creek Bridge; • There would be a transition zone from Trabuco Creek Bridge north such as that the siding would transition into the single rail before reaching the Trabuco Creek Bridge; • OCTA would agree not to pursue any additional sidings now or in the future south of Oso Road; • The siding would be used for the passing of trains only and not for parking trains; and support a public crossing specific to the CLC project, including an agreement with CLC that they will be responsible for all liability and costs involving liability insurance; based on OCTA providing in writing a voted upon policy of not double -tracking through downtown, and provide a definition of downtown. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar, Nielsen, and Mayor pro tem Freese NOES: COUNCIL MEMBER: Mayor Uso ABSENT: COUNCIL MEMBER: None b. CONSIDERATION OF PERSONAL SERVICES SELECTION AND PURCHASING GUIDELINES — ITEM TO BE CONTINUED TO OCTOBER 5, 2010 (370.50/610.30) ORDINANCES: None COUNCILMANIC ITEMS: Council Member Hribar asked to agendize an item to re -visit the in -lieu fee obligations for the Distrito La Novia project. Majority of the City Council did not agree to agendize. Council Member Nielsen asked to agendize on October 19, 2010, that an item be agendized for consideration of the Open Space Committee and transition of the Open Space Committee in reaching a five year completion of work. Majority of the City Council agreed to agendize. Council Member Nielsen asked to agendize an item regarding staffing compensation and benefits posted to the City's website. Joe Tait, City Manager, stated that the City is working on this matter; informed that salary schedules have been posted on the City's website since 2007, and will convert the salary schedules into actual compensation schedules. Mayor Uso asked that the City Council be provided with the OCERS report pertaining to unfunded retirement liability. Council Member Allevato asked to also provide medical retirement liability, and felt that a message should go out, that the City does not pay 100% of retiree medical. 15 9/21/2010 ADJOURNMENT: There being no further business, Mayor Uso adjourned the meeting at 12:07 a.m. to October 5, 2010 at 5:30 p.m. for Closed Session and 6:30 p.m. for the public Business Session; and then to October 6, 2010, at 5:00 p.m. for an Adjourned Regular meeting (Distrito La Novia/San Juan Meadows Project) in the City Council Chamber. Approved: October 5, 201,0 ATTEST: DR. LONDRES USO, MA 16 9/21/2010