04-0420_CC_Minutes_Regular MeetingMINUTES
April 20, 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:
1. 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.
2. Pursuant to Government Code section 54956.8, the City Council conferred with
its real property negotiator (City Manager) concerning the renegotiation of terms
of a license agreement for real property described as APN 121-050-19. The
agent for the licensee is John Franks
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. Eagle Scout Michael
Martin led the Pledge of Allegiance and Council Member Swerdlin gave the invocation.
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, Interim 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; Karen Crocker, Community
Services Manager; Lt. J. B. Davis, Chief of Police Services; Douglas Dumhart,
Economic Development Manager; Ziad Y. Mazboudi, Senior Civil Engineer; and Eileen
White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Swerdlin reported that Transportation Corridor Agency (TCA) is
considering financial proposals in an effort to avoid bankruptcy and reviewing recent
environmental work on adjacent slopes; advised that the Vector Control Board will
propose a ballot measure to increase fees from $0.17 to $0.48 per parcel/month to
allow for continuation of Fire Ant eradication and other vector control measures;
4-20-04
discussed West Nile Virus prevention measures; and announced that the Vector of the
Month is House Dust Mites.
Council Member Bathgate announced that she attended a South Orange County
Wastewater Agency (SOCWA) Finance meeting, with a budget meeting scheduled for
April 22, 2004; and she was selected as Chair of the Growth Management Committee
(OCTA), which deals with distribution of Measure M funding.
Mayor Soto reported that he recently attended the Easter Egg Hunt, the Spring Fling,
and a Leadership Academy meeting.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming citywide events
including the Earth Day Fair on April 22, 2004; the Capistrano Unified School District
Health Fair on April 25, 2004; the Cinco de Mayo Celebration at the Historic Town
Center Park on May 2, 2004; and a Chamber of Commerce sponsored golf tournament
on May 3, 2004.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
PRESENTATION TO MARCO FORSTER MIDDLE SCHOOL STUDENTS RUN
L.A. TEAM (610.40)
Mayor Soto and Principal Carrie Bertini recognized the Marco Forster Middle
School students and coaches "Run L. A. Team" and presented a Certificate of
Commendation for their accomplishment of completing the 2004 Los Angeles
Marathon.
2. PROCLAMATION FOR NATIONAL HISTORIC PRESERVATION WEEK
(610.40)
Mayor Soto presented a proclamation recognizing May 3 through May 9, 2004 as
National Historic Preservation Week to Mechelle Lawrence, Executive Director of
the Mission San Juan Capistrano and Bob Slater, President of the Friends of the
Library.
3. PRESENTATION TO EAGLE SCOUT MICHAEL MARTIN (610.40)
Mayor Soto and Erin Gettis, Historic Preservation Manager, recognized Eagle
Scout Michael Martin and presented him with a Certificate of Appreciation and
Commendation for his contribution to the historic Harrison House site and for
completing the Eagle Scout project.
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4. PRESENTATION OF DEPUTY OF THE YEAR AWARD (610.40)
Lt. J. B. Davis recognized Deputy Guy Coffee as the 2004 San Juan Capistrano
Deputy of the Year and presented him with a special plaque, with the gratitude of
the City Council.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart recognized the following individuals in attendance: Jan
Siegel and David Belardes, Cultural Heritage Commission; Joann de Guevara
and Marie Buckner, Housing Advisory Committee; Mechelle Lawrence, Director
of the Mission San Juan Capistrano; and Brad Gates, retired Orange County
Sheriff.
ORAL COMMUNICATIONS
Brian Boulton, 32302 Alipaz Street #53 and Don Miller, #100, representing the San
Juan Mobile Estates Residents Association, requested financial assistance from the
City to cover the cost of hiring personnel to analyze the mobile home park's financial
records.
Mayor Soto indicated that city officials scheduled a meeting for April 21, 2004 with
representatives of the park to discuss the issue.
CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve items 1 through 4, and 6 through 8
as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED.
2. APPROVAL OF CITY COUNCIL MINUTES:
a. MINUTES OF THE REGULAR MEETING OF MARCH 16, 2004
APPROVED AS SUBMITTED.
b. MINUTES OF THE ADJOURNED REGULAR MEETING OF MARCH 30,
2004 APPROVED AS SUBMITTED.
3. CONTRACT FOR CITY STREET REPAIRS, 2003-2004 AWARDED TO THE
LOW RESPONSIBLE BIDDER, ALLIANCE STREETWORKS, INC., IN THE
AMOUNT OF $313,777. AND ALL OTHER BIDS REJECTED. (CIP NO. 119)
(600.30)
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4. ACCOUNTS PAYABLE WARRANTS DATED APRIL 1, 2004, IN THE AMOUNT
OF $1,269,460.95; AND PAYROLL WARRANTS DATED MARCH 25, 2004, IN
THE AMOUNT OF $234,010.44 RECEIVED AND FILED. (300.30)
5. RESOLUTION NO. 04-04-20-03 ADOPTED PROHIBITING THE USE OF
POLYSTYRENE FOAM PRODUCTS WITHIN CITY FACILITIES AND AT CITY -
SPONSORED EVENTS (530.10)
Mayor Soto requested clarification of this item.
Ziad Y. Mazboudi, Senior Civil Engineer, reported that staff has identified several
alternative products that can be used for the Senior Center's Meals on Wheels
Program. In addition, the program will be able to use their existing inventory of
Styrofoam products, prior to purchasing a replacement product. Staff was
working toward solutions that would have as little impact as possible on the
program.
Public Comment:
Kris Quigley, Sacramento resident, representing the American Plastics Council,
opposed the prohibition of Styrofoam products and encouraged public education
to reduce littering and enforcement of litter laws instead.
Stephanie Borga, Corona Del Mar
Foundation, supported the resolution
encouraged the use of biodegradable
on the products.
Council Comments:
resident, representing Earth Resources
prohibiting the use of Styrofoam and
products. She discussed the Navy's ban
Council Members emphasized the importance of staff working with local senior
programs to lessen impacts. Council Members also suggested alternative
funding sources, including the city's community grant program, as a means of
and providing financial assistance to address potential increased program costs.
Council Action: Moved by Committee Member Swerdlin, seconded by
Council Member Allevato, and carried unanimously 5-0, to adopt Resolution No.
04-04-20-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING THE USE OF
EXPANDABLE POLYSTYRENE (COMMONLY REFERRED TO BY THE TRADE
NAME "STYROFOAM") FOOD SERVICE PRODUCTS WITHIN THE CITY
FACILITIES AND AT CITY SPONSORED EVENTS."
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6. RESOLUTION NO. 04-04-20-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING PUBLIC WATER FACILITIES, PUBLIC WATER EASEMENTS,
RELEASING RELATED SURETIES, AND AUTHORIZING ISSUANCE OF A
NOTICE OF COMPLETION FOR PUBLIC WATER FACILITIES (SILVERADO
SENIOR LIVING, INC.) (APN 121-070-08)" ADOPTED; AND THE CITY CLERK
DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION
AND EASEMENT DOCUMENTS. (600.30, 670.50)
7. FACILITY RENTAL FEES FOR USE OF THE HISTORIC TOWN CENTER
PARK, ON SATURDAY, APRIL 10, 2004, REDUCED 85% ($170) FOR THE
SAN JUAN COMMUNITY TASK FORCE EASTER EGG HUNT. (390.30)
8. RESOLUTION NO. 04-04-20-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE SAN
JUAN CAPISTRANO MANAGEMENT AND PROFESSIONAL EMPLOYEES
ASSOCIATION DATED JULY 1, 2003 TO JUNE 30, 2004" ADOPTED TO
INSTITUTE THE PROVISIONS OF AN AGENCY SHOP PURSUANT TO
SENATE BILL NO. 739 AND SUBSEQUENT ASSEMBLY BILL NO. 1411.
(730.30)
PUBLIC HEARINGS
RESOLUTION NO. 04-04.20-04 ADOPTED ESTABLISHING ANNUAL
NUMERICAL LIMITS FOR BUILDING PERMITS, ESTABLISHING THE
RESIDENTIAL ALLOCATION SCHEDULE, AND STAFF DIRECTED TO
PROVIDE RECOMMENDATIONS TO UPDATE THE PROCESS (440.50)
Committee Member Bathgate recused herself from considering this item due to
her working relationship with a consultant to the applicant.
Description: tin: Section 9-2.325, Growth Management of Title 9, Land Use Code
requires that the City annually establish numerical limits on the maximum number
of residential building permits that may be issued for the following three years.
Staff received Requested Residential Allocations from four developers for a total
of 876 allocations for calendar years 2004-2007. Staff has determined the annual
numerical limits proposed are consistent with the General Plan Housing
Element's objectives, consistent with available public services and facilities, and
provide an appropriate allocation of residential building permits to individual
projects. Staff recommended Council adopt a resolution establishing annual
numerical limits of 392, 400, and 400 for calendar years 2005-2007, and
establish the Residential Allocation Schedule for calendar years 2004-2007.
Written Communications: Report dated April 20, 2004, by Molly Bogh, Planning
Director.
5 4-20-04
Presentation: Molly Bogh, Planning Director, summarized the staff report.
Public Testimon :
Mark Nielsen, City resident, opposed the staff recommendation and requested a
change in the ordinance to a maximum of 200 units to control growth and
preserve community character.
Phillip Schwartze, City resident, supported the staff recommendation, felt the
economic market place should determine the number of units built, and agreed
the ordinance should be updated as suggested by the Planning Commission.
Brad Gates, City resident supported the staff recommendation due to the
applicants' compliance with existing regulations and agreed it was time to review
the Ordinance.
Lon Uso, City resident, felt the staff recommendation supported developers and
went against the residents' wishes. He wants slower, more controlled growth in
the City.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin and carried 4-0-1, with Council Member Bathgate abstaining,
to adopt Resolution No. 04-04-20-04, entitled " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RECOMMENDING NUMERICAL LIMITS FOR CALENDAR YEARS 2005-2007
AND A RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS
2004-2007 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM);" and
directed staff to provide recommendations to update the current method of
establishing numerical limits and allocations.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
RECESS AND RECONVENE
Hart, Swerdlin, Allevato, Mayor Soto
IZreii-
Bathgate
Council recessed at 8:20 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:21 p.m.
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ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. CONSIDERATION OF AGREEMENT FOR STREET SWEEPING SERVICES
(CLEANSTREET) (600.30)
Meg Monahan, City Clerk, announced that this Item was withdrawn from the
agenda by staff and will be rescheduled for a later date.
ORDINANCES - None
COUNCILMANIC ITEMS
1. VACANCIES DECLARED ON THE YOUTH ADVISORY BOARD; AND THE
CITY CLERK DIRECTED TO SOLICIT APPLICATIONS DUE MAY 21, 2004
(110.20)
Written Communications: Report dated April 20, 2004, by Meg Monahan, City
Clerk.
Council Action: Moved by Council Member Swerdlin, seconded by Council
- Member Allevato and carried unanimously, 5-0, to declare vacancies on the
Youth Advisory Board; direct the City Clerk to solicit applications to fill the
vacancies; with applications due by May 21, 2004,
2, APPOINTMENTS MADE TO CITY COMMISSIONS AND COMMITTEES,
TERMS ENDING JANUARY 31, 2006 (110.20)
Description: Recommendations for advisory group appointments from the
subcommittee, consisting of Mayor Joe Soto and Council Member Bathgate,
appointed to review applications and make recommendations.
Written Communications: Report dated April 20, 2004, by Cynthia L. Russell,
Acting Assistant City Manager.
Presentation: Council Member Bathgate summarized the recommended
appointments.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Allevato and carried unanimously, 5-0, to make the following
appointments to the designated advisory groups, with the terms ending January
31, 2006.
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Cultural Heritage Commission
Jess Anne Andrews
David Belardes
Angela Duzich
Tony Forster
Lorie Porter
Janet Siegel
Don Tryon
Parks Recreation and E uestrian Commission
Ilse Byrnes
Roger Evans
Tori Haidinger
Jill Hanna
Kathy Hooper
Planning Commission
Robert Cardoza
Sheldon Cohen
Timothy Neely
Gene Ratcliffe
Transportation Commission
Brian Beeman
Lawrence Kramer
Roberto Brutocao
Morton Smith
Tony Soto
Water Advisory Commission
Joe Drey
Lawrence Gallery
Karl Hirsch
Thomas Lytle
Daniel Merkle
Design Review Committee
Jeff Parkhurst
(2) Planning Commissioners (appointed by Planning Commission)
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Housina Advisory Committee
Marie Buckner
Joann de Guevara
Michelle Knorre
Joanne Marquez
Howard Langhans
David Nahas
3. VACANCY DECLARED ON THE PLANNING COMMISSION; AND THE CITY
CLERK DIRECTED TO SOLICIT APPLICATIONS DUE MAY 21, 2004 (110.20)
Written Communications: Report dated April 20, 2004, by Meg Monahan, City
Clerk.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato and carried unanimously, 5-0, to declare one vacancy on the
Planning Commission; direct the City Clerk to solicit applications to fill the
vacancy; with applications due by May 21, 2004.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:25 p.m. to
Tuesday, May 4, 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,
d2 hx-�-,
T R. MONAHAN, CITY CLERK
May 18, 2Q04
ATTEST:
JOE SOTOI MAY
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