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04-0817_CC_Minutes_Regular MeetingMINUTES AUGUST 17, 2004 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85): None Mayor Soto called the regular meeting of the City Council of the City of San Juan Capistrano to order at 7:00 p.m. in the City Council Chamber. Council Member Allevato 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; William M. Huber, Assistant City Manager; Cynthia L. Russell, Administrative Services Director; John Shaw, City Attorney; Molly Bogh, Planning Director; Ray Holland, Interim Building and Engineering 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; Erin L. Gettis, Historic Preservation Manager; Mitzi Ortiz, Deputy City Clerk; Maria Guevara, Administrative Secretary; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Allevato thanked the Public Works staff on behalf of trail users for the construction of a fence that increases safety along the Barking Dog Trail. Council Member Swerdlin announced that there are five confirmed cases of the West Nile Virus in Orange County and asked staff to provide outreach to residents and the equestrian community. The Orange County Vector Control - Vector of the Month is the Oriental Cockroach. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Al King, Jr., Community Services Director, announced the upcoming community events: San Juan Summer Nites Concert and Business Expo; 2" d Annual Barn Dance at Sycamore Trails; Boys and Girls Club Bolo Tie and Boots Ball; Shea Center Annual Country BBQ; and the C.A.R.E, golf tournament. He advised the public to access the City's website for links to local community organizations for information regarding their activities and events. 8-17-04 INTRODUCTIONS, PRESENTATIONS, AND DONATIONS CERTIFICATE OF ACHIEVEMENT PRESENTED TO MARY TRYON (610.40) Council Member Swerdlin recognized Mary Tryon for her many contributions to the community and presented her with a Certificate of Achievement. 2. CERTIFICATE OF ACHIEVEMENT PRESENTED TO KATHERINE HOLMAN OF THE ORTEGA EQUESTRIAN CENTER (610.40) Mayor pro tem Hart and Council Member Allevato recognized Katherine Holman of the Ortega Equestrian Center for her commitment to providing outstanding instruction to the community and presented her with a Certificate of Achievement. 3, INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Hart recognized the following individuals in attendance: Joe Drey, Sheldon Cohen and Bob Cardoza, Planning Commission; Jan Siegel and Don Tryon, Cultural Heritage Commission; Marie Buckner, Joanne de Guevara and Joanne Marquez, Housing Advisory Committee; Tom Ostensen, President of the Fiesta Association and Vice President of the San Juan Capistrano Historical Society; Mike Darnold, Capistrano Unified School District President and his wife Nancy; and Carol Soto, Mayor Soto's wife. ORAL COMMUNICATIONS - None CONSENT CALENDAR Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato and carried unanimously, 5-0, to approve items 1, 2, 4 through 7, 9 & 10 as recommended by staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE JULY 20, 2004, REGULAR MEETING OF THE CITY COUNCIL APPROVED AS SUBMITTED. 3. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 5, 2004, IN THE AMOUNT OF $1,248,214.31; AND PAYROLL WARRANTS DATED JULY 29, 2004, IN THE AMOUNT OF $242,061.25, 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 receive and file Accounts payable warrants dated August 5, 2004, in the amount 2 8-17-04 of $1,248,214.31; and payroll warrants dated July 29, 2004, in the amount of $242,061.25. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto None Bathgate 4. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE SAN JUAN CAPISTRANO MANAGEMENT AND PROFESSIONAL EMPLOYEES ASSOCIATION APPROVED; NECESSARY MODIFICATIONS TO THE CITY'S PERSONNEL RULES AND REGULATIONS AUTHORIZED. (730.30) 5. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES ASSOCIATION APPROVED; NECESSARY MODIFICATIONS TO THE CITY'S PERSONNEL RULES AND REGULATIONS AUTHORIZED. (730.30) 6. RESOLUTION NO. 04-08-17-01 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S CLASSIFICATION AND COMPENSATION PLAN," ADOPTED TO IMPLEMENT SALARY INCREASES FOR THE SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES ASSOCIATION, THE SAN JUAN CAPISTRANO MANAGEMENT AND PROFESSIONAL EMPLOYEES ASSOCIATION, AND EXECUTIVE EMPLOYEES. (700.20) 7. RESOLUTION NO. 04-08-17-02 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING DESIGNATED FLEET INVENTORY AS SURPLUS," ADOPTED (380.50) 8. RESOLUTION NO. 04-08-17-03 ADOPTED APPROVING THE REVISED JOINT COMMUNITY FACILITIES AGREEMENT. (CFD 2004-1) RELATING TO THE RANCHO MADRINA (FORMERLY KNOWN AS HONEYMAN RANCH) PLANNED DEVELOPMENT (600.50) This item was voted on separately to allow Mayor Soto and Council Member Bathgate to abstain. Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato and carried 3-0-2, with Mayor Soto and Council Member 3 8-17-04 Bathgate abstaining, to adopt Resolution No. 04-08-17-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AMONG THE CITY OF SAN JUAN CAPISTRANO, THE CAPISTRANO UNIFIED SCHOOL DISTRICT AND WILLIAM LYON HOMES, INC. RELATING TO THE RANCHO MADRINA PLANNED DEVELOPMENT." ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Bathgate, Mayor Soto 9. REVISED LICENSE AGREEMENT WITH CAMP COOKIE FOR CHILDREN, INC. FOR USE OF CITY PROPERTY APPROVED. (600.30) 10. EXCLUSIVE OPERATING AREA AGREEMENT FOR AMBULANCE SERVICES WITH MEDIX AMBULANCE SERVICE, INC. APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE SAID AGREEMENT. (600.30) PUBLIC HEARINGS RESOLUTION NO. 04-08-17-04 ADOPTED APPROVING THE LOS RIOS SPECIFIC PLAN AMENDMENT, ALLOWING RELOCATION OF A HISTORICAL RESIDENCE. (400.40) Description: The San Juan Capistrano Historical Society (the Society) submitted a request for a Specific Plan Amendment to the Los Rios Specific Plan in order to relocate the Arley Leck House (Leck House) from Ganado Street to 31831 Los Rios Street. The proposed relocation site, owned by the Society and located at the southwest intersection of River Street and Los Rios Street, is located within the Historic Residential Zone and Los Rios National Register District (the District). The Historic Residential Zone currently prohibits the relocation of structures from outside the District. The Society proposes to use the Arley Leck House for historic public museum purposes only, and will submit Site Plan Review and Conditional Use Permit applications upon approval of the Specific Plan Amendment. Staff recommended Council hear public testimony and adopt a Resolution approving the negative declaration and the Los Rios Specific Plan Amendment related to the "Historical Residential" District Regulations, allowing relocation of a historic residence for public museum use only subject to the conditions in the Resolution. 4 8-17-04 Written Communications: Report dated August 17, 2004, by Molly Bogh, Planning Director. Letter dated August 16, 2004, from Michael P. Palmer, Los Rios Resident, opposing plans to relocate the Leck House due to inappropriate use of the historic structure; letter dated August 7, 2004 from Ilse M. Byrnes, City resident, opposing the proposal due to negative impacts to the cultural landscape of the Los Rios District. Presentation: Erin L. Gettis, Historic Preservation Manager, reviewed the staff recommendation. Public Testimony: Don Tryon, director and archivist of the San Juan Capistrano Historical Society, stated that the Society intends to restore the house and use it to display historical artifacts without destroying the historical quality of Los Rios. Tom Grabie, Lyon Homes, exhibited renderings of the plans, described the proposed project, and was available for questions. Kathleen Sandhaus, City resident, felt the relocation would compromise the integrity of the district and adversely impact residents. Bill Hardy, City resident, felt the relocation would not greatly impact the integrity of Los Rios, since it has been impacted for many years by decrepit structures, improper relocations, and new construction. Tom Ostensen, City resident, representing the applicants, thanked City staff for working with the residents of Los Rios to improve the proposal and asked council to approve the staff recommendation. Council Comment: Council Member Bathgate opposed the project because the Leck House is not architecturally compatible with the homes currently located within the Los Rios Historic District and other available sites may be more compatible. Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Swerdlin and carried 4-1, with Council Member Bathgate against, to adopt Resolution No. 4-08-17-04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND AMENDING THE LOS RIOS SPECIFIC PLAN (SP78-01) (RZ 04-02) TO ALLOW RELOCATION OF A HISTORIC RESIDENCE FOR PUBLIC MUSEUM USE ONLY." 8-17-04 ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto Bathgate None 2. 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING AND TECHNICAL ASSISTANCE GRANT FOR A MULTI -FAMILY HOUSING NEW CONSTRUCTION PROJECT FEASIBILITY STUDY (PUBLIC HEARING CANCELED) (430.25) Mayor Soto announced that this Public Hearing item was officially canceled. RECESS AND RECONVENE Council recessed at 7:55 p.m. to convene to the Redevelopment Agency meeting and the San Authority Meeting. Council reconvened at 7:56 p.m. ADMINISTRATIVE ITEMS H1. CITY MANAGER San Juan Capistrano Community Juan Capistrano Public Financing a. RESOLUTION NO. 04-08-17-05 ADOPTED APPOINTING JOE SOTO AND SAM ALLEVATO AS MEMBERS OF THE CITY COUNCIL AND CANCELING THE NOVEMBER 2, 2004 GENERAL MUNICIPAL ELECTION. (630.20) Description: At the close of the nomination period, incumbents Joe Soto and Sam Allevato were the only two residents officially nominated to run for the office of member of City Council. Pursuant to California Elections Code § 10229, a "Certification That There Are Not More Candidates Than Offices To Be Elected" was forwarded to Council Members, posted, and published in accordance with the Elections Code. Under these circumstances, the City Council has the opportunity to appoint the persons who were nominated and cancel the election, or direct that the election be held. Staff recommended Council adopt the Resolution appointing Joe Soto and Sam Allevato as members of the City Council and canceling the General Municipal Election scheduled for November 2, 2004; Direct the City Clerk to present Certificates of Appointment In Lieu of Election to Joe Soto and Sam Allevato; and Direct the City Clerk to swear the two incumbents into office, with terms officially beginning December 7, 2004. Written Communications: Report dated August 17, 2004, by Meg Monahan, City Clerk. Presentation: Mitzi Ortiz, Deputy City Clerk, reviewed the staff recommendation. 6 8-17-04 Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Hart, and carried Unanimously, 5-0, to adopt Resolution No. 04-08-'1- 05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF MEMBER OF THE CITY COUNCIL THAT WERE TO BE ELECTED ON NOVEMBER 2, 2004, AND CANCELING THE ELECTION. " Mitzi Ortiz, Deputy City Clerk, administered the oath of office and presented Mayor Soto and Council Member Allevato with Certificates of Appointment In Lieu of Election. H2. ADMINISTRATIVE SERVICES DIRECTOR a. RESOLUTION NO. 04-08.17-06 ADOPTED APPROVING EXECUTION AND DELIVERY OF REVENUE CERTIFICATES OF PARTICIPATION BY THE SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY. (340.50) Description: In conjunction with authorizing the issuance of the San Juan Capistrano Public Financing Authority Revenue Certificates of Participation, Series 2004 ("COPS"), the City Council needs to take certain actions regarding the bidding and sale of these COPS as well. Approval of the Resolution causes a notice inviting sealed bids to be published in The Bond. Buyer and the Capistrano Valley News; and approves the Official Statement and other related documents. Staff recommended Council adopt the Resolution approving certain documents and authorizing certain acts in connection with execution and delivery of an amount, not to exceed $23,000,000 of Revenue Certificates of Participation by the San Juan Capistrano Public Financing Authority. Written Communications: Report dated August 17, 2004, by Cynthia L. Russell, Administrative Services Director. Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the staff recommendation. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Bathgate and carried unanimously, 5-0, to adopt Resolution No. 04-08- 17-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN ACTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF NOT TO EXCEED $23,000,000, REVENUE CERTIFICATES OF PARTICIPATION BY THE SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY." 7 8-17-04 H3. PUBLIC WORKS DIRECTOR a. STAFF DIRECTED TO NEGOTIATE A JOINT FUNDING AGREEMENT WITH THE CAPISTRANO UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION OF A SYNTHETIC TURF SPORTS FIELD AT MARCO FORSTER FIELD 3. (600.50) Mayor Soto and Council Member Bathgate recused themselves from considering this item due to business relationships with the school district. Description: City Council at their meeting on June 15, 2004, requested staff investigate the installation of synthetic turf at Stone Field and Marco Forster Field 3. Capistrano Unified School District (CUSD) representatives have expressed a desire to join with the City to improve Marco Forster Field 3 by installing artificial turf. Staff is exploring funding options to finance synthetic turf installation at Stone Field. Staff recommended that Council direct staff to negotiate an agreement with CUSD for improvements to and use of Marco Forster Field 3. Written Communications: Report dated August 17, 2004, by Amy Amirani, Public Works Director. Presentation: Amy Amirani, Public Works Director, summarized the staff report. Public Comment: Angela Duzich, City resident, thanked Council for considering synthetic turf for Marco Forster Field 3 as the field needs refurbishing. She noted that Stone Field is used excessively and asked staff to limit field use by non-resident groups and verify the non-profit status of adult soccer leagues. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Allevato and carried 3-0-2, with Mayor Soto and Council Member Bathgate abstaining, to direct staff to negotiate a joint funding agreement with the Capistrano Unified School District for the installation of a synthetic turf sports field at Marco Forster Field 3. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL_ MEMBERS: ABSTAIN: COUNCIL MEMBERS: ORDINANCES - None Hart, Swerdlin, Allevato, 10115112 Bathgate, Mayor Soto g 8-17-04 COUNCILMANIC ITEMS - None ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 8:19 p.m. to Tuesday, August 31, 2004, at 7:00 p.m. for the Public Business Session, in the City Council Chamber. Respectfully submi .ed, RET R. MONAHAN, CITY CLERK �4ppr*ed: September 21, 2004 9 8-17-Q4