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04-1116_CC_Minutes_Regular MeetingMINUTES NOVEMBER 16, 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 54956.8, the City Council conferred with its real property negotiator (City Manager) regarding terms and conditions of payment on a license/lease agreement with Camp Cookie for Children, Inc. for city -owned real property, more particularly described as Assessor's Parcel No. 121-050-19. The licensee's representative is Dean Daggett. Mayor Soto called the regular meeting of the City Council of the City of San Juan Capistrano to order at 7:02 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; Meg 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; Douglas D. Dumhart, Economic Development Manager; Michael Cantor, Senior Management Analyst; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: John Shaw, City Attorney, reported the unanimous (5-0) City Council Closed Session action to authorize the City Manager to issue a 180 -day notice of termination for the real property license agreement between the City and Camp Cookie for Children, Inc., a nonprofit group, for the property described as Assessor's Parcel No. 121-050-19. 11-16-04 CITY COUNCIL COMMENTS AND ORAL REPORTS: Council Member Allevato thanked Dennis Gage and Phillip Schwartze for their contributions to the Veterans Day memorial service held November 11, 2004. Council Members concurred. Council Member Swerdlin announced that he would be attending Transportation Corridor Agencies meetings and a Joint Powers Authority meeting later this month; and the Orange County Vector Control, Vectors of the Month are Moth Flies and Sand Flies. Council Member Bathgate reported recent attendance at a South Orange County Wastewater Authority Finance meeting. Mayor pro tem Hart announced that he would be attending an Orange County Fire Authority meeting next week. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Al King, Jr., Community Services Director, announced the December 4th Tree Lighting Ceremony at 5 p.m., in the downtown area, following daytime events sponsored by community groups and downtown merchants. Dave Adams, City Manager, announced that Al King, Jr., Community Services Director, will be leaving his position with the City to join the City of San Clemente as Director of Beaches, Park and Recreation, beginning in January 2005. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. LONG TERM EMPLOYEE IRENE MARCOTE RECOGNIZED (730.90) Nasser Abbaszadeh, Engineering & Building Director, recognized Irene Marcote, Engineering Technician, for her 15 years of service to the city; and Mayor Soto presented Marcote with a Certificate of Recognition. 2. LONG TERM EMPLOYEE JOHN REYNOLDS RECOGNIZED (730.90) Nasser Abbaszadeh, Engineering & Building Director, recognized John Reynolds, Construction Inspector, for his 25 years of service to the city; and Mayor Soto presented Reynolds with a Certificate of Recognition. 3. 2004 COMMUNITY EMERGENCY RESPONSE TEAM (CERT) GRADUATES RECOGNIZED (610.40) Michael Cantor, Senior Management Analyst, recognized the forty (40) 2004 CERT training graduates; and Mayor Soto presented them with Certificates of Completion. 2 11-16-04 4. DEPUTY JOE COPE PRESENTED WITH CERTIFICATE OF COMMENDATION (610.40) Douglas Dumhart, Economic Development Manager, recognized Deputy Joe Cope for his efforts in assisting an injured Marine while off duty; and Mayor Soto presented a Certificate of Commendation to Deputy Cope. 5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Hart recognized the following people in attendance: Sheldon Cohen, Planning Commission; Joann de Guevara, Housing Advisory Committee; Roger Evans and Ilse Byrnes, Parks, Recreation and Equestrian Commission; Les Blair, Council Liaison to the San Juan Seniors; and former Mayors Phillip Schwartze and Roy Byrnes. Mayor Soto introduced the following officials visiting from the City of Dana Point: William L. Ossenmacher, Council Member; Diane Harkey and Lara Anderson, Council Members Elect; and Penny Maynard, Chief Executive Officer of the Chamber of Commerce. ORAL COMMUNICATIONS Mia Bermudez, Executive Director, and Beryl Stewart, resident, of Villa Paloma Senior Apartments, 27221 Paseo Espada, requested the City consider installing a cross -walk at the intersection of Rancho Viejo Road and Paseo Espada intersection and presented a petition signed by those in favor of the proposal. Dave Adams, City Manager, assigned Nasser Abbaszadeh, Engineering & Building Director, to contact the speakers to respond to the request. 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, 3, and 5 through 9 as recommended by staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF OCTOBER 19, 2004, APPROVED AS SUBMITTED. 3. PERSONAL SERVICES AGREEMENT WITH MBIA MUNISERVICES CO. FOR PROPERTY TAX REVENUE AND SALES AND USE TAX AUDIT SERVICES APPROVED; AND RESOLUTION NO. 04-11-16-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING A CITY CONSULTANT AS THE 11-16-04 AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS," ADOPTED. (600.30) 4. AGREEMENT WITH THE ORANGE COUNTY ANIMAL CARE SERVICES FOR FISCAL YEAR 2004-2005 APPROVED. (600.50) This item was removed from the agenda to allow for public comment. Public Comment: Philip Schwartz, 31682 EI Camino Real, representing CARE, commented regarding payment of County shelter fees by CARE. Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Hart and carried unanimously 5-0 to approve the Agreement with the Orange County Animal Care Services for Fiscal Year 2004-2005 in an adjusted provisional amount of $53,446 and authorize the Mayor to execute the agreement. 5. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 28, 2004, IN THE AMOUNT OF $1,883,815.06; AND PAYROLL WARRANTS DATED NOVEMBER 5, 2004, IN THE AMOUNT OF $271,308.32, RECEIVED AND FILED. (300.30) 6. FIRST AMENDMENT TO THE LICENSE AGREEMENT FOR PARKING AT EL CAMINO REAL AND ORTEGA HIGHWAY PARKING LOT (APN 124-170) WITH STROSCHER ENTERPRISE PARTNERSHIP, INCREASING THE MONTHLY RENT TO $6,000, APPROVED. (600.30) 7. RESOLUTION NO. 04-11-16-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE CITY OF SAN JUAN CAPISTRANO NATURAL HAZARD MITIGATION PLAN," ADOPTED. (520.30) 8. REORGANIZATION OF THE PLANNING DEPARTMENT APPROVED; AND RESOLUTION NO. 04-11-16-03 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 PERSONNEL CLASSIFICATION AND COMPENSATION PLAN," ADOPTED (700.20) 9. RESOLUTION NO. 04-11-16-04 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, (EARLY RETIREMENT INCENTIVE AGREEMENT) (OCERS)," ADOPTED. (600.50) PUBLIC HEARINGS CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS ALLOCATED TOWARD THE COST OF A DEPUTY SHERIFF FOR FISCAL YEAR 2004-2005 (580.10) q 11-16-04 Description: Proposal to use Citizens' Option for Public Safety (COPS) grant funds of $100,000 to offset a portion of the cost of an existing Deputy Sheriff position to provide preventative patrol within the City, respond to emergency and routine calls for service, and to enforce traffic laws. Staff recommended Council hear public testimony and allocate the COPS funds toward the cost of a Deputy Sheriff. Written Communications: Report dated November 16, 2004, from Lt. J. B. Davis, Chief of Police Services. Presentation: Lt. J. B. Davis, Chief of Police Services, summarized the staff recommendation. Mayor Soto opened the public hearing and there being no public testimony, closed the public hearing. Council Action: Moved by Council Member Allevato, seconded by Council Member Bathgate and carried unanimously, 5-0, to allocate the $100,000 COPS funds toward the cost of a Deputy Sheriff for the Fiscal Year 200412005. 2. RESOLUTION NO. 04-11-16-05 ADOPTED APPROVING THE SEWER CONNECTION DEVELOPER FEES (1040.20) Description: At their meeting on May 18, 2004, Council approved the 2004 Sanitary Sewer Master Plan and directed staff to return with a funding program recommending a 10% increase to the sewer connection fee and moderate annual increases to the sewer rate charge. The 10% increase only applies to new development and accounts for all the new dwelling units proposed until after development build out is reached. A proposal to increase the sewer rate charges will be brought before Council in FY 200612007. Staff recommended Council hear public testimony and adopt the resolution approving the Sewer Connection Developer Fees. Written Communications: Report dated November 16, 2004, from Amy Amirani, Public Works Director. Presentation: Joe Mankawich, Associate Engineer, reviewed the staff report. Mayor Soto opened the public hearing and there being no public testimony, closed the public hearing. Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato, and carried unanimously 5-0, to adopt Resolution No. 04-11- 16-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5 11-16-04 SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE SANITARY SEWER CONNECTION FEE SCHEDULE." RECESS AND RECONVENE Council recessed at 7:53 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:39 p.m. ADMINISTRATIVE ITEMS G1. CITY MANAGER a. RESOLUTION NOS. 04-11-16-06; 04-11-16-07; 04-11-16-08; 04-11-16-09; 04- 11-16-10; 04-11-16-11; & 04-11-16-12 ADOPTED CHANGING THE TIME RESTRICTIONS ON VARIOUS DOWNTOWN PUBLIC PARKING LOTS FROM THREE (3) TO FIVE (5) HOURS (570.30) Description: The City received letters from several downtown merchants identifying the current three hour time limit for public parking as an impediment for the visiting public in the Downtown area. Staff has determined the proposed increase from three to five hours still accomplishes the goal of ensuring commuters park in the garage and employees park in designated remote spaces, while giving the visiting public sufficient time to patronize the businesses and institutions, and recommended approval of the request. Written Communications: Report dated November 16, 2004, by Douglas D. Dumhart, Economic Development Manager. Presentation: Douglas D. Dumhart, Economic Development Manager, summarized the staff recommendation. Council Members asked staff to provide status reports at 6 months and 1 year to ensure there are no negative impacts from the time limit change to residents and merchants. Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem Hart and carried unanimously, 5-0, to adopt Resolution No. 04-11-16- 06, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING `FIVE-HOUR PARKING ONLY 7:00 A.M. TO 6:00 P.M.' AND 'NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE' IN THE LOVE HOUSE PARKING LOT AT 31811 EL CAMINO REAL AND RESCINDING RESOLUTION NO. 95-1-3-2;" Resolution No. 04-11-16-07, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING 'FIVE- HOUR PARKING ONLY 7:00 A.M. TO 6:00 P.M.' AND `NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE' IN THE MISSION TEXACO PARKING LOT 6 11-16-04 AT 31756 EL CAMINO REAL AND RESCINDING RESOLUTION NO. 96-3-19- 4;" Resolution No. 04-11-16-08, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING `FIVE-HOUR PARKING ONLY 7:00 A.M. TO 6:00 P.M.' AND 'NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE' IN THE ARCO PARKING LOT AT 31692 EL CAMINO REAL;" Resolution No. 04-11-16-09, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING 'FIVE-HOUR PARKING ONLY 7:00 A.M. TO 6:00 P.M.' AND 'NO PARKING 3:00 A.M. TO 5:00 A.M. TOW - AWAY ZONE' IN THE MITCHELL PARKING LOT AT 31857 EL CAMINO REAL AND RESCINDING RESOLUTION NO. 97-2-4-6;" Resolution No. 04-11-16-10, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING 'FIVE-HOUR PARKING ONLY 7:00 A.M. TO 6:00 P.M.' AND 'NO PARKING 3:00 A.M. TO 5:00 A.M. TOW - AWAY ZONE' IN THE MISSION/PROMENADE/SWALLOWS INN PARKING LOT AT 31755 EL CAMINO REAL AND RESCINDING RESOLUTION NO. 6-3- 19-3;" Resolution No. 04-11-16-11, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING 'FIVE-HOUR PARKING ONLY 7:00 A.M. TO 6:00 P.M.' AND 'NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE' IN THE LOS RIOS PARKING LOT AT 31771 LOS RIOS AND RESCINDING RESOLUTION NO. 98- 5-19-2;" Resolution No. 04-11-16-12, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING 'FIVE-HOUR PARKING ONLY 7:00 A.M. TO 6:00 P.M.' AND 'NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE' IN THE MULTI- MODAL PARKING LOT AT 26731 VERDUGO STREET AND RESCINDING RESOLUTION NO. 96-2-19-5;" and staff to provide status reports to the City Council in 6 months and 1 year. ORDINANCES - None COUNCILMANIC ITEMS 1. CLAUDE R. VINCENT APPOINTED TO THE HOUSING ADVISORY COMMITTEE; AND MALCOLM LEE GOODE APPOINTED TO THE WATER ADVISORY COMMISSION. (110.20) Description: The Mayor's subcommittee met to review applications for appointments to fill vacancies on the Housing Advisory Committee and Water Advisory Commission. The subcommittee recommended Claude R. Vincent and Malcolm Goode to fill the vacancies on the Housing Advisory Committee and Water Advisory Commission, respectively. Written Communications: Report dated November 16, 2004, by Meg Monahan, City Clerk. 11-16-04 Presentation: Council Member Bathgate summarized the recommendations. Public Comment: Claude Vincent, City resident, introduced himself as an applicant for the Housing Advisory Committee and asked for the Council's consideration. Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Swerdlin, and carried unanimously, 5-0 to appoint Claude R. Vincent to the Housing Advisory Committee and Malcolm Goode to the Water Advisory Commission. ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 8:46 p.m. to Tuesday, December 7, 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 : January 5, 2005 ATTEST: WYATT H T,-MAYbft 8 11-16-04