Loading...
04-1019_CC_Minutes_Regular MeetingMINUTES OCTOBER 19, 2004 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.$5): The Following noticed Closed Session was held as authorized by statute: 1. Pursuant to Government Code section 54956.9(b)(2), the City Council conferred with its legal counsel regarding one matter. 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. Mayor Soto dedicated the meeting to the late Irene Baker, Council Member Swerdlin's mother- in-law, who passed away on Tuesday, October 6, 2004. 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; Margaret R. Monahan, City Clerk; Molly Bogh, Planning Director; Nasser Abbaszadeh, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services Director; Lt. J. B. Davis, Chief of Police Services; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None CITY COUNCIL COMMENTS AND ORAL REPORTS: Council Member Swerdlin reported the third Orange County death related to the West Nile Virus and encouraged residents to take precautions; and he announced that the Vector of the Month was the Asian Tiger Mosquito. Mayor Soto extended birthday wishes to Nasser Abbaszadeh, Engineering & Building Director; Kelly Tokarski, Public Relations Consultant to the City; Cynthia L. Russell, 10-19-04 Administrative Services Director; Council Member Bathgate; Council Member Allevato; and Mayor pro tem Hart. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Al King, Jr., Community Services Director, announced upcoming community events to be held in October, including the Vintage Event sponsored by the Chamber of Commerce, to be held on the Mission grounds on Saturday, October 24; and advised the public to access the City's website for additional October events. He announced that the shortage of the flu vaccine caused cancellation of the annual flu shots made available to seniors and encouraged those at high risk to contact Elaine Tracy, Senior Citizen Coordinator, for assistance in obtaining a vaccine. Meg Monahan, City Clerk, announced that the City would host Early Voting through October 29th. INTRODUCTIONS PRESENTATIONS AND DONATIONS 1. CERTIFICATE OF ACHIEVEMENT PRESENTED TO CAMBRIA CHICHI (610.40) Mayor Soto recognized Cambria Chichi for her contributions to the Boys & Girls Club and the community and presented her with a Certificate of Recognition. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Hart introduced the following individuals in attendance: Joanne Marquez, Housing Advisory Committee and Sheldon Cohen, Planning Commission. ORAL COMMUNICATIONS - None CONSENT CALENDAR Council Action: Moved by Council Member Swerdlin seconded by Council Member Bathgate and carried unanimously, 5-0, to approve items 1 through 6 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED 2 10-19-04 2. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 2004 APPROVED AS SUBMITTED. 3. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 30, 2004, IN THE AMOUNT OF $1,428,431.17; AND PAYROLL WARRANTS DATED OCTOBER 8, 2004, IN THE AMOUNT OF $256,076.18, RECEIVED AND FILED. (300.30) 4. AMENDMENT NO. 9 TO COOPERATIVE AGREEMENT NO. C-95-989 COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) APPROVED. (600.50) 5. AWARD OF BID FOR PURCHASE OF (16) SIXTEEN PENTIUM WORKSTATIONS TO DELL COMPUTER CORPORATION FOR $13,637.71 APPROVED. (370.30) 6. RESOLUTION NO. 04-10-19-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING THE EXISTING ENVIRONMENTAL REVIEW GUIDELINES ADOPTED JULY 5, 1994 AND APPROVING THE CITY OF SAN JUAN CAPISTRANO LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 21000 ET SEQ.) (2004 CEQA GUIDELI NES),"ADOPTED. (410.20) PUBLIC HEARINGS CONSIDERATION OF GENERAL PLAN AMENDMENT GPA 04-01 AND PRE - ZONING RZ 04-05 FOR 33 ACRES OF UNINCORPORATED TERRITORY LOCATED WEST OF LA PATA AVENUE, APPROXIMATELY 1000 FEE SOUTH OF ORTEGA HIGHWAY (WHISPERING HILLS ESTATES), CANCELED AT THE REQUEST OF THE APPLICANT. (440.251460.20) Meg Monahan, City Clerk, announced that this item would be rescheduled to a future meeting. RECESS AND RECONVENE Council recessed at 7:13 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:14 p.m. 3 10-19-04 ADMINISTRATIVE ITEMS G1. CITY MANAGER a. RESOLUTION NO. 04-10-19-02 ADOPTED SUPPORTING PROPOSITION 1A AND OPPOSING PROPOSITION 65, RELATED TO STATE USE OF LOCAL AGENCY FUNDS. (630.30) Description: Proposition 1A is an historic bipartisan agreement between the governor, local governments, public safety officials, healthcare advocates, taxpayers and community leaders that prevents the state legislature from taking and using local government funds except in the event of a "significant state financial hardship. " Proposition 65 is a similar, less effective proposition, without long term protection, that has been supplanted by Proposition 1A. Proposition 65's official sponsors now opposed Proposition 65 and support Proposition 1A. Staff recommended Council adopt a resolution supporting Proposition 1A and opposing Proposition 65 on the November ballot. Written Communications: Report dated October 19, 2004, by William M. Huber, Assistant City Manager. Presentation: William M. Huber, Assistant City Manager, summarized the staff recommendation. Council Comment: Council Member Swerdlin did not support the resolution because he believes the California legislature will demand additional funds from cities in order to balance the state budget, rendering the agreement reached in Proposition 1A meaningless. Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato and carried 4-1, with Council Member Swerdlin against, to adopt Resolution No. 04-10-19-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING PROPOSITION 1A AND OPPOSING PROPOSITION 65." ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Bathgate, Hart, Mayor Soto NOES: COUNCIL MEMBERS: Swerdlin ABSTAIN: COUNCIL MEMBERS: None 4 10-19-04 ORDINANCES -None COUNCILMANIC ITEMS - None ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 7:20 p.m. to Tuesday, November 2, 2004, at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public Business Section, in the City Council Chamber. Respectfully submitted, R. MONAHAN, CITY CLERK : NovembeT 16, 2004 ATTEST: / I" 1 0, JOE SOTO, MAYOR 5 10-19-04