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11-0301_CC_Minutes_Regular MeetingMINUTES March 1, 2011 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Allevato called the Regular Meeting of the City Council to order at 5:00 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT. Laura Freese, Derek Reeve, John Taylor, Mayor pro tem Larry Kramer, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None PUBLIC COMMENT: None CLOSED SESSION (61 0.85) 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(b), the City Council conferred with legal counsel pertaining to an item of significant exposure to litigation pertaining to facts or circumstances not yet known to a potential plaintiff. c. Pursuant to Government Conde Section 54956.8, the City Council meet 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 Rivendeli Land Company, Inc. d. Pursuant to Government Code. Section 54956.9(b), the City Council conferred with legal counsel pertaining to one potential item of significant exposure to litigation regarding the claim for money brought by Elite Bobcat Service, Inc. pertaining to contract payments and liquidated damages assessed by the City in connection with the Camino Capistrano/Del Obispo Street Improvement Project (CIP 111). e. Pursuant to Government Code Section 54956.9(b), the City Council conferred with legal counsel pertaining to one potential item of significant exposure to litigation regarding the potential claim for money by Scrimsher Construction/ Development Inc. pertaining to the Del Obispo St. Bridge Widening Project. BUSINESS SESSION: Mayor Allevato called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:19 p.m, in the City Council Chamber. Mayor pro tem Kramer led the Pledge of Allegiance and gave the invocation. Mercie Brower and Sydney Webb, Capistrano Valley Christian High School, performed "God Bless America". ROLL CALL COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor, Mayor pro tem Larry Kramer, and Mayor Sam Allevato COUNCIL MEMBERS 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: None CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: ■ Pensions Benefits and Employee Relations Boot Camp, hosted by California Foundation for Fiscal Responsibility. • Metropolitan Water District of Orange County Water Policy Forum. ■ Association of California Cities Navigating Public Policy meeting. ■ Desalt Plant Tour. ■ Rotary Community Health & Dental Clinic at San Juan Elementary School. ■ Kinoshita Elementary School Parent Center Dedication. • Fiesta Association Kids Pet Parade. ■ Bus Shelter Dedication. • Reported the commemoration of the closure of the I -b freeway due to a unexpended grenade, and the negative impacts of the freeway closure. INTRODUCTIONS AND PRESENTATIONS FEBRUARY 1, 2011, THROUGH APRIL 30, 2011, PROCLAIMED AS FIESTA DE LAS GOLONDRINAS (610.40) Mayor Allevato proclaimed February 1, 2011, through April 30, 2011, as Fiesta de Las Golondrinas and presented the proclamation to the Fiesta Association President, Steve Weekes. The Fiesta Association Hanging Judge proceeded with the annual "Hanging of the Mayor." 2. MOTHERS AGAINST DRUNK DRIVING (MADD) RECOGNIZED DEPUTIES KASEY MARSHALL AND MICHAEL RUPLEY (610.40) April Brown, representing Mothers Against Drunk Driving (MADD), recognized and presented Awards to Deputies Kasey Marshall and Michael Rupley for excelling in the apprehension of drunk drivers. Mayor Allevato presented them with a Certificate of Recognition. 3. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Alberto Barrera, Youth Advisory Board; Kathy Hooper and Steve Behmerwohld, Parks, Recreation and Senior Services Commission, Gerald Muir, Parks, Recreation & Senior Services Commission and Youth Advisory Board; Mary Allen West, Sart Juan Seniors; and Lt. John Meyer, Chief of Police Services. 2 3/1/2011 ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency ■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding law enforcement, traffic management, and the Ortega Highway Widening project. ■ Bob Dolley, Tustin Resident, expressed concern with proposed parking requirement amendments for the Furnishing Center. ■ Tony Brown, City resident, requested transparency with any issues related to the current City Hall facilities. ■ Kim McCarthy, City resident, spoke regarding mandatory use of E -Verify for all City businesses; and look into revising building codes that would prevent overcrowding. Mayor Allevato clarified that Congressman Calvert is seeking legislation for immigration reform which will include mandatory E -Verify at the federal level. Council Member Reeve expressed interest in agendizing E -Verify at a future meeting. Council Member Freese stated that the City uses E -Verify for all their employees, contractors and consultants. ■ Ian Smith, City resident, spoke regarding fiscal responsibility; and expressed concern with the City Council discussing outsourcing with the Human Resources Manager, as this is the responsibility of the City Manager. • Lisa Ball, South Coast Air Quality Management District, presented to the City Council a copy of the 2011 State of the Air video. ■ Steve Behmerwohld, City resident, felt that speakers addressing the City Council have the right to speak their mind, but it should be done in a respectful manner. ■ Mamie Maywhort, City resident, spoke regarding a response received for a public records request submitted regarding increases in staff earnings from 2009 to 2010. Cindy Russell, Chief Financial Officer/Treasurer and Kathleen Springer, Human Resources Manager, clarified that the increases are due to step increases, changes in withholdings; employees moved to a different job classification, separation of employment dues, and decrease in furlough days from 2009 to 2010. CONSENT CALENDAR: Council Action: Moved by Council Member Freese, seconded by Council Member Taylor, and carried unanimously to approve consent calendar items 1, 2, 3, 5, 6, 8, and 11 through 16 as recommended by staff, with Council Member Reeve opposed to approve consent calendar 4. 1. Motion to Read Ordinance by Title Only 2. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 15, 2011, APPROVED. 3. REPORT OF INVESTMENTS — JANUARY 2011, RECEIVED AND FILED (350.30) 4. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 10, 2011, IN THE TOTAL AMOUNT OF $2,511,561.45; AND PAYROLL WARRANTS DATED FEBRUARY 4, 2011, IN THE TOTAL AMOUNT OF $189,998.91, RECEIVED AND FILED (300.30) 3 3/1/2011 ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato Reeve None 5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT -- DATED JANUARY 16, 2011, THROUGH FEBRUARY 15, 2011, RECEIVED AND FILED (440.10) 6. PROJECT UPDATE FOR THE EAST OPEN SPACE ACCESS ROAD (RANCHO MISSION VIEJO RIDING PARK) (CIP NO. 11202), RECEIVED AND FILED (820.20) 7. RESOLUTION NO. 11-03-01-01 ADOPTED APPROVING THE SUBMISSION OF GRANT APPLICATIONS FOR THE 2011 PROPOSITION 84 STATEWIDE PARK PROGRAM GRANT (STATE OF CALIFORNIA); STAFF DIRECTED TO PREPARE PROPOSITION 84 GRANT APPLICATIONS FOR THE FOLLOWING OPEN SPACE AND RECREATION PROJECTS A) NORTHWEST OPEN SPACE, PHASE 1A IMPROVEMENTS INCLUDING THE PROPOSED "DOG PARK" ON THE FORMER OPEN SPACE CARETAKER PROPERTY. B) "SKATE PARK" IMPROVEMENTS AT THE SAN JUAN CAPISTRANO SPORTS PARK (920.40) Public Correspondence: • Vickie Haring, City resident, submitted an e-mail on February 27, 2011, urging the City Council to move forward with the submission of the grant application in order to provide a skate park for the City's youth. William Ramsey, Principal Planner, responded to questions. Council Motion: Moved by Mayor pro tem Kramer, seconded by Council Member Taylor and carried 4-1 with Council Member Reeve opposed to adopt Resolution 11-03-01-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING THE SUBMISSION OF GRANT APPLICATIONS FOR THE 2011 PROPOSITION 84 STATEWIDE PARK PROGRAM GRANT (STATE OF CALIFORNIA); STAFF DIRECTED TO PREPARE PROPOSITION 84 GRANT APPLICATIONS FOR THE FOLLOWING OPEN SPACE AND RECREATION PROJECTS A) NORTHWEST OPEN SPACE, PHASE 1A IMPROVEMENTS INCLUDING THE PROPOSED "DOG PARK" ON THE FORMER OPEN SPACE CARETAKER PROPERTY. B) "SKATE PARK" IMPROVEMENTS AT THE SAN JUAN CAPISTRANO SPORTS PARK" ROLL CALL: AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 4 3/11/2011 8. MEMORANDUM OF UNDERSTANDING WITH THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR COORDINATING AND CONDUCTING ALL OFFICIAL EVENTS ASSOCIATED WITH THE 2011 FIESTA DE LAS GOLQNDRINAS CELEBRATION, AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND RESOLUTION 11-03-01-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR AN ABSORPTION/REDUCTION OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2011 FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE; AND GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR HOOSEGOW DAY AND SWALLOWS PARADE DAY" (600.30) 9. CONTRACT AWARDED TO PETERSON -CHASE GENERAL ENGINEERING CONSTRUCTION, INC. FOR THE DEL OBISPO STREET WIDENING FROM ALIPAZ STREET TO PASEO ADELANTO STPL 5372 (011) (CIP NO. 07107) IN THE AMOUNT OF $3,453,$42.46; AND ALL OTHER BIDS REJECTED (660.30) Nasser Abbaszadeh, Public Works Director, responded to questions. Council Motion: Moved by Council Member Freese, seconded by Mayor pro tem Kramer and carried unanimously to award contract to Peterson -Chase General Engineering Construction, Inc. for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto STPL 5372 (011) (CIP No. 07107) in the amount of $3,453,842.46; and all other bids rejected. 10. PLANS AND SPECIFICATIONS FOR THE SAN JUAN CREEK ROAD UTILITY EXTENSION (CIP 11202) (J.C. HEDEN & ASSOCIATES, INC.); AND CITY CLERK DIRECTED TO ADVERTISE THE PROJECT FOR COMPETITIVE BIDS (600.30) Nasser Abbaszadeh, Public Works Director, Cindy Russell, Chief Financial Officer/Treasurer, and West Curry, Assistant Utilities Director, responded to questions. Council Motion: Moved by Mayor pro tem Kramer, seconded by Council Member Taylor and carried 4-1 with Council Member Reeve opposed to approve the plans and specifications for the San Juan Creek Road Utility Extension Project (CIP 11202); and City Clerk directed to advertise the project for competitive bids. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 5 3/112011 11. AMENDMENT NO 2. IN THE AMOUNT OF $4,982.31 DOLLARS WITH UNIQUE PERFORMANCE, INC. APPROVED; AND RESOLUTION NO. 11-03-01-03 ADOPTED ENTITLED "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 SAN JUAN HILLS ESTATES CORROSION PROTECTION SYSTEM"; CITY CLERK DIRECTED TO PROCESS THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE RETENTION IN THE AMOUNT OF $36,458.31, THIRTY- FIVE DAYS AFTER RECORDATION (600.30) 12. RESOLUTION NO 11-03-01-04 ADOP TED ENTITLED "A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENT PROJECT (RODRIGUEZ BROTHERS ENGINEERING, INC. CIP NO. 07501)"; CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE NOTICE OF COMPLETION; STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $62,304.60, 35 DAYS AFTER RECORDATION; AND AMENDMENT NO 1. TO PERSONAL SERVICES AGREEMENTS WITH TWNIEMANN, INC. AND LAWSON AND ASSOCIATES GEOTECHNICAL CONSULTING, INC. IN THE AMOUNTS OF $27,538 AND $11,027.50 RESPECTIVELY, APPROVED AND CITY MANAGER AUTHORIZED TO EXECUTE THE AMENDMENTS (600.30) 13. RESOLUTION NO 11-03-01-05 ADOP TED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF SAN JUAN CAPISTRANO, CALIFORNIA, QUITCLAIMING A DRAINAGE EASEMENT AT THE NORTHWESTERLY CORNER OF LOT 56 OF TRACT 103" (ITO FAMILY TRUST (670.50) 14. CLAIM OF JAMES LITTLEJOHN DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 15. RESOLUTION NO. 11-03-01-06 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE CITY OFFICIALS AND AGENTS AUTHORIZED TO ACT ON BEHALF OF THE CITY FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE FROM THE STATE OF CALIFORNIA AND/OR THE FEDERAL GOVERNMENT (520.40) 16. STATUS UPDATE OF THE CITY MANAGER AND UTILITIES DIRECTOR RECRUITMENTS, RECEIVED AND FILED (740.30) 6 3/112011 PUBLIC HEARINGS: 1. CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL PROJECT WITH STROSCHER G3, LLC — CONTINUED TO APRIL 19, 2011 (600.30) Council Action: Moved by Council Member Freese, seconded by Council Member Taylor, and carried unanimously to continue the public hearing to April 19, 2011. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: G1. CITY MANAGER a. DISCUSSION OF PERSONAL SERVICES SELECTION AND PURCHASING GUIDELINES (370.50) Steve Apple, Deputy City Manager, provided a staff report and responded to questions. Council Comments: • Preference in removing the authority to Department Heads up to $25,000, due to lack of visibility with Professional and Maintenance Contracts; and supported increasing City Manager authority to $50,000. • Felt that a $25,000 authority limit for Department Heads was reasonable in order to be more efficient, and it will be for items already budgeted by the City Council. • Need to be practical and provide Department Heads with some discretion, and felt that the City Manager will be ultimately responsible for their actions. G2. DEVELOPMENT SERVICES a. STAFF DIRECTED TO PROVIDE THE CAPISTRANO INDIAN COUNCIL WITH A 60 DAY NOTICE TO VACATE THE HARRISON HOUSE PROPERTY (600.30) Teri Delcamp, Historic Preservation Manager, provided a staff report and responded to questions. Council Comments: • Felt that the property is a cultural treasure, but preference in selling it in order to eliminate the liability exposure and maintenance; and new owner will need to maintain as a historical property and maintain the Parra Adobe. • Need to list the property as soon as possible, and direct staff to provide a 60 day notice to vacate; and felt that the Capistrano Indian Council can meet for their classes at the community center. • Suggested to lease the property at market value or sell. • In favor of leasing for $300 a month while the City finds an interested buyer. 7 3/1/2011 Council Motion: Moved by Council Member Freese, seconded by Council Member Reeve, and carried unanimously to direct staff to provide the Capistrano Indian Council with a 60 day notice to vacate the Harrison House property. G3. UTILITIES DEPARTMENT a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 6 OF THE MUNICIPAL CODE REGARDING THE WASTEWATER DISCHARGE PRETREATMENT AND SOURCE CONTROL, APPROVED (1040.80) Ziad Mazboudi, Senior Civil Engineer, responded to questions Maria Morris, City Clerk, read the title of the ordinance. Council Motion: Moved by Council Member Freese, seconded by Council Member Taylor, and carried unanimously to approve the introduction and first reading of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING CHAPTER 9 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING THE WASTEWATER DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM". G4. CITY CLERK a. RESOLUTION 11-03-01-07 ADOPTED DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS ON MEASURE B (DISTRITO LA NOVIA/SAN JUAN MEADOWS GENERAL PLAN AMENDMENT) (630.20) Maria Morris, City Clerk, provided a staff report and responded to questions. Omar Sandoval, City Attorney, responded to questions. Council Comments: Preference in providing the public with as much information as possible, supported directing the City Attorney to prepare an Impartial Analysis, and continue to print the full text of the resolution as well. Council Motion: Moved by Mayor Allevato, seconded by Council Member Freese, and carried 4-1 with Council Member Reeve opposed to adopt Resolution No, 11-03-01-07 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS"; and full text of Resolution 10-11-02-02 to be printed on the ballot. ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato Reeve None 8 . 3/1/2011 ORDINANCES: None COUNCILMANIC ITEMS: None ADJOURNMENT: There being no further business, Mayor Allevato adjourned the meeting at 8:39 p.m. to Friday, March 4, 2011, at 8:00 a.m. for a Closed Session meeting; and then to Tuesday, March 15, 2011, at 5:00 p.m. for Closed Session and 6:00 p.m. for a public Business Session; and then to Wednesday, March 16, 2011, at 10:00 a.m. for a Closed Session meeting, in the City Council Chamber. Respectfully subm IA MORRI$, Approved: March 15, 2011 ATTEST: 0"0 LTAUYL+1 a 9 3/1/2011