CITY OF SAN CLEMENTE

Transcription

1 CITY OF SAN CLEMENTE City Council Minutes Adjourned Regular City Council Meeting - February 15, 2011 These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered. An Adjourned Regular Meeting of the San Clemente City Council was called to order on February 15, 2011 at 4:30 p.m. in the Council Chambers, located at 100 Avenida Presidio, San Clemente, California, by Mayor Donchak. PRESENT ABSENT STAFF PRESENT BAKER, BROWN, DAHL, EVERT, MAYOR DONCHAK NONE George Scarborough, City Manager; Jeff Oderman, City Attorney; Joanne Baade, City Clerk; Anthony Mejia, Deputy City Clerk. * * * CLOSED SESSION City Attorney Oderman requested a Closed Session to discuss the items listed on the Closed Session agenda; noted that Items A through D and Item F relate to anticipated litigation regarding the Kramer subdivision issue, Ralph s Fresh Fare project, potential closed session leak concerning LAB negotiations, Paramount Tires issue and a personnel matter, respectively. MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to recess to Closed Session at 4:30 p.m. to discuss the following: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section (b)(1): One potential case

2 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 2 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section (b)(1): One potential case C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section (b)(1): One potential case D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section (b)(1): One potential case E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section : Property: City Negotiator: Negotiating Parties: Under Negotiation: Irons in the Fire Restaurant, located at 150 East Avenida Magdalena, San Clemente George Scarborough, City Manager City of San Clemente and Dave Donaldson Both Price and Terms of Payment. F. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section (b)(1): One potential case In attendance for the full Closed Session were all members of the Council, City Manager Scarborough, City Attorney Oderman and City Clerk Baade. City Planner Pechous was in attendance for Closed Session Item D only. Building Official Jorgensen and Human Resources Manager Penrod were in attendance for Closed Session Item F only.

3 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 3 MEETING RECONVENED Council reconvened at 6:00 p.m., with all members present. INVOCATION David Keehn, Orange County Fire Authority Chaplain, gave the invocation. PLEDGE OF ALLEGIANCE Councilmember Brown led the Pledge of Allegiance. 1. SPECIAL PRESENTATIONS A. Presentation of Commendation - Jacob M. Schultz Mayor Pro Tem Evert and Councilmember Brown (former Eagle Scouts) presented a Commendation to Jacob M. Schultz in recognition of achieving the rank of Eagle Scout. B. San Clemente High School Student Report Sydney Adams, student representative of San Clemente High School, reported on campus activities. C. San Onofre Nuclear Generating Station Peter Dietrich, Senior Vice President and Chief Nuclear Officer of the San Onofre Nuclear Generating Station (SONGS), provided an update on SONGS operations; addressed the importance of safety, communication and community outreach; reported that Unit 2 is operational and that Unit 3 is in start-up mode and will be operational in approximately one week; stated that SONGS is important to the community and economy, noting that SONGS is increasing its contributions to local non-profit organizations. Council requested that SONGS consider the possibility of coordinating roundtable meetings, on a quarterly or semi-annual basis, with elected officials from the surrounding areas.

4 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 4 D. San Clemente General Plan - Status Report Report from Principal Planner Wisneski concerning the status of the San Clemente General Plan. Principal Planner Wisneski noted that the Council and Planning Commission reviewed the Land Use Plan on February 3, 2011, noting that a summary of that meeting is on the City s website; explained that technical studies for the Environmental Impact Report (EIR) will proceed and that over the next year the General Plan effort will focus on the preparation of the EIR and reviewing the General Plan policies. E. FY nd Quarter Financial Report and Mid Year Adjustments Report from the Assistant City Manager/City Treasurer concerning the FY nd Quarter Financial Report and mid year adjustments. Financial Services Manager Rahn narrated a PowerPoint presentation entitled Mid-year Financial Report as of December 31, 2010 and responded to Council inquiries. A hard copy of Mr. Rahn s presentation, dated February 15, 2011, is on file with the City Clerk. MOTION BY MAYOR PRO TEM EVERT, SECOND BY COUNCILMEMBER DAHL, CARRIED 5-0, to: 1. Accept the FY nd Quarter Financial Report. 2. Approve and authorize the mid year adjustments as outlined in the Administrative Report, dated February 15, 2011, that is on file with the City Clerk. 2. ORAL COMMUNICATIONS (PART ONE) Smart Meters Steve Scislaw, Dana Point, asserted that Smart Meters violate civil liberties and intrude into people s lives; asserted that Smart Meters will increase security vulnerabilities and will negatively impact low- and fixed-income individuals.

5 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 5 Sustainability Coordinator Position Gary Headrick, San Clemente, read a letter urging Council to establish a sustainability coordinator position that is dedicated to implementing the City s Sustainability Action Plan. A hard copy of Mr. Headrick s letter, dated February 15, 2011, is on file with the City Clerk. Boca Del Canon Development Christy Armstrong, San Clemente, reported on a recent Coastal Commission meeting concerning a development project at Boca Del Canon and La Rambla; noted that the Commission was voting to deny the project, when the applicant withdrew the application; reviewed the concerns that the Commissioners expressed about the project; requested that if a new proposal is submitted, that it be reviewed by both the Planning Commission and City Council. Garage Sales Melinda Stone, representing the Forster Ranch Homeowners Association (HOA), advised that the HOA desires to sponsor two community garage sales per year; requested that Council amend the garage sale signage regulations to correspond to realtor signage regulations; suggested that HOAs be permitted to erect garage sale signage up to one week prior to the event. Council directed Staff to contact Ms. Stone relative to her requests concerning garage sale signage. North Beach Parking Improvement Project Martin Berube, San Clemente, narrated a PowerPoint presentation that asserted that the North Beach parking project represents a taxpayer subsidy to the Playa del Norte project. A hard copy of Mr. Berube s presentation, dated February 15, 2011, is on file with the City Clerk.

6 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 6 Playa del Norte - Financial Information on City Website and Closed Session Investigation Report Bill Hart, San Clemente, encouraged the community to review the City s website for financial information relative to the Playa del Norte project; requested that the investigative report relative to the potential closed session leak of LAB negotiation information be released to the public. Playa del Norte - Crime and Safety at North Beach Kevin Daehnke, San Clemente, expressed concern that misinformation is being disseminated that asserts that high levels of crime take place in North Beach. North Beach Parking and Parking Revenue Juniel Worthington, San Clemente, displayed a slide of the Playa del Norte project; voiced concern that the proposed parking would not be convenient for beach visitors; commented on project parking revenue. A hard copy of Ms. Worthington s slide, dated February 15, 2011, is on file with the City Clerk. Wayne Eggleston, San Clemente, stated that the proposed site of the Playa del Norte project was seized through eminent domain for parking purposes, noting that the parking provides the City with convenient beach parking; disagreed with the transfer of the subject three acres to a private developer for high-density use; asserted that unions should not contribute funds to local elections; encouraged that Councilmembers not lobby under their elected titles. Use of Councilmember Titles In response to Council inquiry, City Attorney Oderman advised that an existing Council policy prohibits Councilmembers from lobbying under their elected title unless authorized by the Council; explained that Councilmembers have a constitutional right to express their personal opinions, but noted that such comments should be prefaced with a statement that they are speaking as a private citizen; advised that the consequence of violating the policy is possible censure; pointed out that the Council policy is not violated if a third party uses a quotation, image and/or title of a Councilmember, without the Councilmember s consent.

7 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 7 3. MOTION BY COUNCILMEMBER DAHL, SECOND BY COUNCILMEMBER BROWN, CARRIED 5 0, to waive reading in full of all Resolutions and Ordinances. 4. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION 5. CLOSED SESSION REPORT City Attorney Oderman announced that the following actions were taken during this evening s Closed Session: 1) Council continued consideration of the investigative report concerning a potential leak of LAB negotiation information to the Council meeting of March 15, ) On a motion by Councilmember Brown, second by Mayor Pro Tem Evert, carried 5-0, Council continued New Business Item 9-A (Interpretation , Property Owner Signature Requirements for Discretionary Applications) to the Council meeting of March 1, CONSENT CALENDAR MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to approve the Consent Calendar. A. City Council Minutes MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to approve the minutes of the City Council Adjourned Regular Meeting of January 18, B. MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to receive and file the following: (1) Design Review Subcommittee Meeting minutes of December 8, (2) Coastal Advisory Committee Regular Meeting minutes of January 13, 2011.

8 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 8 C. Warrant Register MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to approve Wire Transfer Nos. 778 through 783, Warrant Nos through , for the period through , in the amount of $1,807,058.75; approve Wire Transfer No. 784, Warrant Nos through , for the period through , in the amount of $707,717.19; for a total Warrant Register in the amount of $2,514, Payroll Register MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to approve Warrant Nos through , Automatic Deposit Advises through , for the period through , in the amount of $404,368.73; for a total Payroll Register in the amount of $404, D. Building Division Reorganization and Staffing Reduction MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to: 1. Approve the elimination of one Plans Examiner position. 2. Create the classification of Community Development Specialist at Range 54 ($5,256-$6,389/month), authorize one position and approve the job description contained in the Administrative Report, dated February 15, 2011, that is on file with the City Clerk. 3. Adopt Resolution No entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A REVISED SALARY SCHEDULE AND NEW CLASSIFICATION AND AMENDING RESOLUTION NO AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

9 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 9 E. Notice of Completion - Lower San Pablo Pressure Reducing Station Rehabilitation MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to: 1. Approve a $9,620 increase in construction contingency and authorize a supplemental appropriation in the amount of $9,620 from the Water Depreciation Fund to Account Accept the construction of the Lower San Pablo Pressure Reducing Station Rehabilitation, Project No Authorize the Mayor to execute, and City Clerk to record, the Notice of Completion for the Lower San Pablo Pressure Reducing Station Rehabilitation, Project No Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against Ted Enterprises, Inc. 5. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost. F. Offers of Dedication for Via Mecha and a Portion of Linda Lane for Public Street Purposes MOTION BY COUNCILMEMBER DAHL, SECOND BY MAYOR PRO TEM EVERT, CARRIED 5-0, to: 1. Authorize the Mayor and City Clerk to execute an Offer of Dedication for Via Mecha from the City of San Clemente, a Municipal Corporation to the City of San Clemente, a political subdivision of the State of California, for public street and utility purposes. 2. Authorize the Mayor and City Clerk to execute an Offer of Dedication for a portion of Linda Lane from the City of San Clemente, a Municipal Corporation to the City of San Clemente, a political subdivision of the State of California, for public street and utility purposes. (Council action continued on next page)

10 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page Accept the Offer of Dedication for the Via Mecha right-of-way, for public street and utility purposes. 4. Accept the Offer of Dedication for a portion of the Linda Lane right-ofway, for public street and utility purposes. 5. Authorize the City Clerk to record the Offers of Dedication in the official records of the Orange County Recorder s Office. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS 9. NEW BUSINESS A. Interpretation , Property Owner Signature Requirements for Discretionary Applications Report from the Community Development Director concerning the Planning Commission s interpretation relative to property owner signature requirements for discretionary applications. Earlier this evening, Council continued this item to the Council meeting of March 1, (Please refer to the City Attorney s Closed Session report on Page 7 of these minutes for additional information.)

11 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 11 B. Contract Award - Municipal Water District of Orange County (Budget, Activities, Charges and Other Issues) Report from the City Manager concerning the possibility of entering into an agreement with the Municipal Water District of Orange County relating to its interactions with member agencies on its budget, activities, charges and other issues. City Manager Scarborough reviewed the contents of the Administrative Report and responded to Council inquiries. MOTION BY MAYOR PRO TEM EVERT, SECOND BY COUNCILMEMBER DAHL, CARRIED 5-0, to approve, and authorize the Mayor to execute, Contract C11-6, by and between the City of San Clemente and Municipal Water District of Orange County (MWDOC) and its 27 other member agencies, which outlines improvements in the way MWDOC works with its agencies. 10. ORAL COMMUNICATIONS (PART TWO) Playa del Norte - Visual Simulations Vonne Barnes, San Clemente, displayed visual simulations of the Playa del Norte project; stated that the California Coastal Commission has not reviewed the project s visual simulation photos or taken a position on potential view impacts. Hard copies of Ms. Barnes slides, dated February 15, 2011, are on file with the City Clerk. Playa del Norte - Support for Measure A Jeanne O Grady, San Clemente, expressed support for Measure A; suggested that the community review the City website for information on Playa del Norte; encouraged citizens to vote on March 8, Playa del Norte - City Website/Architectural Package Ricardo Nicol, San Clemente, thanked Council for directing the City Attorney to review the City s website concerning the Playa del Norte project and to make modifications where warranted; asserted that the Playa del Norte architectural package contains images that do not depict the actual Playa del Norte project and requested that Council direct the City Attorney to determine the associated ramifications.

12 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 12 Playa del Norte - Support for Measure A Ken Nielsen, San Clemente, urged the community to vote in support of Measure A. Playa del Norte - Dissemination of Information John Tengdin, San Clemente, asserted that misinformation is being provided to the community relative to the Playa del Norte project; urged the community to view a debate on Measure A that will be aired on Channel 6 on February 23, 2011 at noon. Playa Del Norte - North Beach Watershed/Superior Court Jurisdiction Kurt Conone, San Clemente, stated that North Beach serves as a watershed, adding that flooding has occurred in the area in the past; asserted that the Playa del Norte project site is within the jurisdiction of the Superior Court since it ratified the eminent domain. City Attorney Oderman responded that the Superior Court has no jurisdiction on the Playa del Norte project site. Playa del Norte - Property Values George Gregory, San Clemente, voiced opposition to the Playa del Norte project, noting the importance of protecting property values. 11. REPORTS A. Commissions and Committees B. City Manager C. City Attorney

13 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 13 D. Council Members (1) KindnesSCounts Activities Councilmembers Baker and Brown reported on KindnesSCounts activities at various schools; expressed gratitude to the teachers and staff for their efforts to educate children. (2) Our Lady of Fatima Field Trip to City Hall Mayor Pro Tem Evert reported that the 3 rd grade class at Our Lady of Fatima school visited City Hall for a civics class field trip; read letters from the students expressing gratitude to the City. (3) Council Representative(s) on Matters Relating to Sustainability MOTION BY MAYOR DONCHAK, SECOND BY COUNCILMEMBER DAHL, CARRIED 5-0, to agendize the possibility of selecting Councilmember(s) to represent Council on matters relating to sustainability. Council requested that the Sustainability Action Plan be included as a Strategic Priorities item for consideration. 12. RESOLUTIONS/ORDINANCES 13. ADJOURNMENT MOTION BY COUNCILMEMBER DAHL, SECOND BY COUNCILMEMBER BROWN, CARRIED 5-0, to adjourn at 7:49 p.m., to an Adjourned Regular Meeting to be held on February 22, 2011 at 6:00 p.m. in the Council Chambers, located at 100 Avenida Presidio, San Clemente, California, for the purpose of establishing Strategic Priorities. A subsequent Adjourned Regular Meeting will be held on February 23, 2011 at 4:00 p.m. in the Second Floor Conference Room of the Community Development Department building, located at 910 Calle Negocio, San Clemente, California, for the purpose of meeting with Congressman Ken Calvert.

14 City Council Minutes - Adjourned Regular Meeting of February 15, 2011 Page 14 The next Regular Council Meeting will be held on March 1, 2011 in the Council Chambers, located at 100 Avenida Presidio, San Clemente, California. Closed Session items will be discussed at 5:00 p.m. The General Session will commence at 6:00 p.m. /S/ Joanne Baade CITY CLERK of the City of San Clemente, California /S/ Lori Donchak MAYOR of the City of San Clemente, California