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04-0406_CC_Minutes_Regular MeetingMINUTES April 6, 2004 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85): A Closed Session was held for the following purposes, as authorized by statute: Pursuant to Government Code section 54957.6, the City Council conferred with its labor negotiator (City Manager) regarding labor negotiations with the San Juan Capistrano Employees Association and Management Employees Association. Mayor Soto called the regular meeting of the City Council of the City of San Juan Capistrano to order at 7:01 p.m. in the City Council Chamber. Council Member Allevato led the Pledge of Allegiance and Council Member Swerdlin gave the invocation. Mayor Soto dedicated the meeting to the memory of Walter Gasper, longtime owner of the L'Horondell Restaurant in San Juan Capistrano, who recently passed away. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, David M. Swerdlin, Mayor pro tem Wyatt Hart, and Mayor Joe Soto. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: David Adams, City Manager, Cynthia L. Russell, Acting Assistant City Manager/Administrative Services Director; John Shaw, City Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director, William H. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services Director; Lt. J. B. Davis, Chief of Police Services, Douglas Dumhart, Economic Development Manager; Eric Bauman, Water Engineering Manager; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Swerdlin reported that the Vector of the Month of March was the Pacific Coast Tick. He also distributed copies of updates from the Transportation Corridor Agency Board. 4-6-04 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Al King Jr., Community Services Director, encouraged everyone to use the official City website to find out about all the events happening in town. He announced the following upcoming community events: April 13, 2004, a Power Breakfast will be hosted by the Boys and Girls Club; April 16, 2004, the Spring Fling Dinner Dance hosted by the San Juan Senior Citizen's Program; and April 22, 2004, Earth Day Fair at the Community Center. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. PROCLAMATION DESIGNATING APRIL AS EARTH MONTH AND APRIL 22, 2004, "EARTH DAY" (610.40): Mayor Soto presented a proclamation designating April as Earth Month and April 22, 2004 as Earth Day, to Ziad Mazboudi, Senior Civil Engineer. 2. PRESENTATION OF CERTIFICATE OF RECOGNITION TO HARRY KOLLIAS (610.40): Mayor Soto presented a Certificate of Recognition to Harry Kollias, longtime owner of Harry's Restaurant in San Juan Capistrano. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10): Mayor pro tem Hart recognized the following individuals who were in attendance: Gene Ratcliffe, Planning Commission; Angela Duzich, Parks, Recreation and Equestrian Commission; Les Blair, Council Liaison to the San Juan Seniors; Joann de Guevara, Housing Advisory Committee; Battalion Chief Steve Whitaker, Orange County Fire Authority; Brad Gates, retired Orange County Sheriff; Don Tryon and David Belardes, Cultural Heritage Commission; Tom Ostensen, President of the Fiesta Association; and David Doomey, Capistrano Unified School District. ORAL COMMUNICATIONS Tom Ostensen, President of the Fiesta Association, recognized the City Council, City staff and Fiesta Association members for their work in coordinating the Fiesta de Las Golondrinas events. CONSENT CALENDAR Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato and carried unanimously, 5-0, to approve items 1 through 5, and 7 through 10 as recommended by staff. 2 4-6-04 MOTION TO READ ORDINANCE BY TITLE ONLY: APPROVED 2. MINUTES OF THE REGULAR MEETING OF MARCH 2, 2004 APPROVED AS SUBMITTED 3. REPORT OF INVESTMENTS, MONTH ENDING FEBRUARY 26, 2004, RECEIVED AND FILED (350.30) 4. AMENDMENT NO. 8 TO COOPERATIVE AGREEMENT NO. C-95-989 COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY APPROVED (OCTA)(600.50) 5. RESOLUTION NO. 04-04-06-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 13823, STONEFIELD SAN JUAN LLC;" STAFF AUTHORIZED TO RELEASE OF THE CORRESPONDING BONDS 35 DAYS AFTER RECORDING; AND THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION WITH THE ORANGE COUNTY RECORDER (600.30) 6. ACCOUNTS PAYABLE WARRANTS DATED MARCH 4, 2004, IN THE AMOUNT OF $899,507.89; ACCOUNTS PAYABLE WARRANTS DATED MARCH 18, 2004, IN THE AMOUNT OF $1,191,599.22; AND PAYROLL WARRANTS DATED MARCH 11, 2004, IN THE AMOUNT OF $233,150.42, RECEIVED AND FILED (300.30) This item was voted on separately to allow Council Member Bathgate to abstain. Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato, and carried 4-0-1, With Council Member Bathgate abstaining, to approve the accounts payable warrants dated March 4, 2004, in the amount of $899,507.89; accounts payable warrants dated March 18, 2004, in the amount of $1,191,599.22; and payroll warrants dated March 11, 2004, in the amount of $233,150.42 ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Bathgate 3 4-6-04 7. THREE YEAR AGREEMENT FOR METER READING SERVICES WITH SAN DIEGO GAS AND ELECTRIC (SDG&E), IN THE AMOUNT OF $230,210, SUBJECT TO CPI INCREASES, APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) 8. AMENDMENT TO AGREEMENT WITH CIVIC SOLUTIONS, INC., TO PROVIDE FOR CONTINUED PROJECT MANAGEMENT FOR THE PROPOSED BELLADONNA ESTATES PROJECT, APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AMENDMENT (TRACT 16146)(600.30) 9. CASH BALANCES BY FUND, FEBRUARY 29, 2004, RECEIVED AND FILED (330.50) 10. CLAIM OF SHERMAN NEKRITZ DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 11. PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND ESTOPPEL, BETWEEN THE CITY AND SJD PARTNERS, LTD AND VALLE RANCH, LLC, APPROVED (600.30) This item was voted on separately to allow Council Member Bathgate to abstain. Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato, and carried 4-0-1, with Council Member Bathgate abstaining, to approve partial assignment and assumption of development agreement and estoppel, between the City and SJD Partners, Ltd and Valle Ranch, LLC. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS PUBLIC HEARINGS Hart, Swerdlin, Allevato, Mayor Soto None Bathgate URGENCY ORDINANCE NO. 889 ADOPTED, EXTENDING THE TIME FOR URGENCY ORDINANCE 880 REGARDING "MISSION HILL/MISSION FLATS" (410.30) Prosect Description: The interim urgency ordinance currently in place was enacted to prevent further construction of higher intensity uses in the Mission Hills/Mission Flats area and will expire on April 14, 2004. Staff is in the process of 4 4-6-04 conducting a zoning study for the purpose of insuring that further construction of such uses will not pose a threat to the community health and safety and needs additional time to complete the study. Staff recommends Council adopt Urgency Ordinance 889, extending the interim urgency ordinance for an additional 12 months. Written Communications: Report dated April 5, 2004, by Molly Bogh, Planning Director. Presentation: Molly Bogh, Planning Director, summarized the staff report. Public Testimony: Tom Entwistle, City resident, supported the ordinance extension to develop guidelines to protect the existing unique neighborhood. Angela Duzich, City resident, asked Council to downzone the area to single family zone and approve the ordinance extension in order to develop guidelines to prevent cookie cutter development. Goeff Sumich, City resident, supported development of a means to protect the uniqueness and diverse architecture of the neighborhood. Meg Monahan, City Clerk, read the title of the Ordinance entitled, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING THE PROVISIONS OF ORDINANCE NO. 880, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858, RELATING TO LAND AREA COMMONLY KNOWN AS "MISSION HILL/MISSION FLATS." Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Swerdlin and carried unanimously, 5-0, to adopt Urgency Ordinance No. 889, extending the time for Urgency Ordinance 880. RECESS AND RECONVENE Council recessed at 7:28 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:29 p.m. ADMINISTRATIVE ITEMS G1. PUBLIC WORKS DIRECTOR a. CONCEPTUAL UPDATED DOMESTIC WATER MASTER PLAN APPROVED, IN CONCEPT (1050.30) 5 4-6-04 Description: The Conceptual Updated Domestic Water Master Plan (Master Plan) identifies the revenue requirements for the recommended capital improvement projects and replacement of aging infrastructure and develops alternative funding scenarios for implementing the Capital Improvement Program and replacement projects. The Master Plan provides the City with a long-range planning tool that will allow construction of the recommended capital improvement projects in an orderly manner, improve the existing system, and provide for future growth. Staff is recommending approval of the Master Plan. Written Communications: Report dated April 6, 2004, by Ami Amirani, Public Works Director. Presentation: Amy Amirani, Public Works Director, summarized the staff report. Eric Bauman, Water Engineering Manager, narrated a slide presentation featuring components of the existing water system, water demands, service criteria, and the recommended Capital Improvement Program costs and schedule. Council Action: Moved by Mayor Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0, to approve in concept the Conceptual Updated Domestic Water Master Plan. G3. ADMINISTRATIVE SERVICES DIRECTOR a. CONCEPTUAL UPDATED DOMESTIC WATER MASTER PLAN FINANCIAL STRATEGY APPROVED IN CONCEPT. (1050.30) Description: An updated financial plan for the updated Domestic Water Master Plan (DWMP) has been prepared to address replacement of Terminal No. 2 and Cooks reservoirs, new improvements identified, and funding for the replacement of existing facilities and projected inflation. A survey of surrounding cities indicates that existing rates are currently 20% percent below median and after the increase will still be lower than median. Staff has identified three possible user rate increased options for funding the increased cost of the updated DWMP and is recommending Council adopt Option #2, which provides a strategy that is in keeping with the original DWMP financing strategy. Written Communications: Report dated April 6, 2004, by Cynthia L. Russell, Acting Assistant City Manager. Presentation: Cynthia L. Russell, Acting Assistant City Manager, reviewed the staff recommendation. 6 4-6-04 Council Comments: Council Member Swerdlin ascertained that the City has the ability to diffuse the bonds if all the funds are not needed; and that callable bonds can be less flexible and require higher interest rates. Mayor pro tem Hart ascertained that Option #3 reduces development projections down to 70% of the current projection, proposes the same rate increase as Option #2 over three years instead of five, will cost the typical ratepayer approximately $1.60 more per month at the initial rate increase in FY 2004-05, and has a lower overall increase. Council Member Bathgate felt that Option #2 would be easier on the ratepayers at the onset and advised that the City has the ability to adjust rates if additional funds are needed in the future. Council Action: Moved by Council Member Swerdlin, seconded by Mayor Soto and carried 4-1, with Council Member Bathgate opposed, to approve in concept Option #3 to support the Updated Domestic Water Master Plan; and direct Staff to schedule a public hearing to consider the adoption of the revised schedule of Developer Fees and Charges and the revised User Rate Schedule through FY 2020-2021. ROLL CALL AYES: COUNCIL MEMBERS: Soto NOES: COUNCIL MEMBERS Hart, Swerdlin, Allevato, Mayor Bathgate ABSTAIN: COUNCIL MEMBERS: None b. AMENDMENT TO THE .JOINT COMMUNITY FACILITIES AGREEMENT (CFD 98-1) APPROVED IN CONCEPT AND ALLOCATION OF COMMUNITY FACILITIES DISTRICT FUNDS FOR PACIFICA SAN JUAN APPROVED. (600.30) Mayor Soto recused himself from considering this item. Council Member Bathgate recused herself from considering this item due to her working relationship with the applicant's consultant. Description: Pacifica San Juan Developer, SJD Partners (the Developer), in conjunction with the Capistrano Unified School District (CUSD), is requesting an amendment to the Joint Community Facilities Agreement (JCFA) for Community Facilities District (CDF) 98-1, to reflect the increased values on this project. Staff has developed 5 alternatives for Council to consider, and is recommending 7 4-6-04 Council adopt Alternative #1, which would leave the tax rate at 1.7% and finance additional City/Water fees and improvements from the CFD. The Developer is recommending a slight tax rate increase to 1.712% to finance the CUSD and Developer/City facilities. Written Communications: Report dated April 6, 2004 by Cynthia L. Russell, Acting Assistant City Manager. Presentation: Cynthia L. Russell, Acting Assistant City Manager, reviewed the staff recommendation. Public Comment: David A. Doomey, Assistant Superintendent of the Capistrano Unified School District, supported Alternative #2, which would increase the tax rate to 1.712%. Brad Gates, 28546 Paseo Diana, supported Alternative #2, increasing the tax rate to 1.712%. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Allevato and carried 3-0-2, with Council Member Bathgate and Mayor Soto abstaining, to approve Alternative #2, including a 1.712% tax increase as recommended by the Developer, and allocation of Community Facilities District Funds, as recommended by the City, for Pacifica San Juan, CDF 98-1. ROLL CALL AYES: COUNCIL MEMBERS: Swerdlin, Allevato and Mayor pro tem Hart NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Bathgate, Mayor Soto ORDINANCES - None COUNCILMANIC ITEMS 1. WALL OF RECOGNITION HONOREES CONFIRMED. (210.10) Description: The City Council subcommittee recommends Les Blair, Elarion Hernandez, and Larry Buchheim be named Wall of Recognition honorees for 2004, with Carl Buchheim nominated posthumously. Written Communication: Report dated April 6, 2004, by Douglas Dumhart, Economic Development Manager. 8 4-6-04 Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Swerdlin and carried unanimously, 5-0, to confirm the sub -committee nominated Wall of Recognition honorees Les Blair, Elarion Hernandez, Larry Buchheim, and Carl Buchheim (posthumously). 2. CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES & CITY COUNCIL COMMITTEES APPROVED (610.80) Descriltion: Several representative seats on outside agencies and Council Committees remain vacant due to the untimely death of Council Member John S. Gelff. Staff recommends Council appoint members to fill the vacant City representative positions. Written Communications: Report dated April 6, 2004, by Meg Monahan, City Clerk. Presentation: Meg Monahan, City Clerk, read the list of recommended appointments. Council Action: Moved by Mayor pro tem Hart, seconded by Mayor Soto, and unanimously carried 5-0, to add or revise the following City Council - appointments to outside agencies and City Council committees: Inter -Jurisdictional Growth Management Areas 9 & 11 (OCTA) Council Member Bathgate Council Member Allevato, Alt.* Operational Area Council Council Member Bathgate Council Member Allevato* Orange County Fire Authority (OCFA) Mayor pro tem Hart** Council Member Allevato, Alt.* Orange County League Of Cities Mayor Soto Council Member Allevato, Alt.* Orange County Library Advisory Board Mayor Soto* Council Member Bathgate, Alt. 9 4-6-04 Orange County Transportation Authority (OCTA) Elected Officials Council Member Bathgate Council Member Allevato, Alt.* Regional Governance Advisory Committee Mayor Soto* Mayor pro tem Hart San Juan Basin Authority Council Member Bathgate Mayor Soto, Alt.* South Orange County Wastewater Authority Joint Powers Authority (SOCWA) Council Member Bathgate Mayor Soto, Alt.* Water Quality & Watershed Management Committee (Formerly Floodplain Management Committee) Council Member Bathgate Mayor Soto* * Appointed into a vacant position ** Revised from Alternate Board Member, to Board Member ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 8:46 p.m. to Tuesday, April 20, 2004, at 5:00 p.m. for Closed Session, and 7:00 p.m., for the Public Business Session, in the City Council Chamber. Respectfully submitted, ET R. MONAHAN, CITY CLERK R1Sproved: May 4, 2004 10 4-6-04