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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. 2 4-20-04 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) 3 4-20-04 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." 4 4-20-04 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. 6 4-20-04 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. 7 4-20-04 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) 8 4-20-04 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 9 4-20-04