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05-0301_CC_Minutes_Regular MeetingMINUTES MARCH 1, 2005 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 54957, the City Council conducted a performance evaluation of the City Manager, Mayor Hart 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 Mayor pro tem Swerdlin gave the invocation. Mayor Hart dedicated the meeting to the memory of the late Jim (Johnny) Williams, owner of the Swallows Cleaners and generous community contributor, who passed away last Sunday Morning. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, Joe Soto, Mayor pro tem David M. Swerdlin, and Mayor Wyatt Hart. 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; Lt. J. B. Davis, Chief of Police Services; Douglas D. Dumhart, Economic Development Manager; William Ramsey, Principal Planner; Karen Crocker, Community Services Manager; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Allevato recognized the Orange County Sheriff Department and Lt. J.B. Davis for the reported decrease in crime. He announced that the Orange County Fire Authority was reviewing an audit of Medix Ambulance Service, which raised concerns that contract terms were not being met. He also recognized his one-year anniversary as a council member and thanked the Council for their confidence in him. 3-1-2005 Council Member Bathgate reported that the South Orange County Wastewater Authority was beginning the process to replace their retiring executive director. Council Member Soto congratulated Mayor Hart on his recent State of the City address and congratulated Council Member Bathgate for her recent award of "Woman of Distinction," awarded by the Soroptimist Club last week. He announced that he attended the Youth of the Year awards with Council Member Allevato and thanked the Boys & Girls Club Executive Director, James Littlejohn, for his leadership. He expressed condolences to the Williams family and recognized Dorothy Williams for her contributions to the Rotary Club. Mayor pro tem Swerdlin announced attending a Joint Powers Insurance Authority meeting and suggested West Nile Virus precautions. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Manager, announced upcoming events including an Emergency Safety Presentation by Michael Cantor, Senior Management Analyst, to the Chamber of Commerce at their networking breakfast; an art exhibition of paintings by Kevin Short, held at the Mission San Juan; an upcoming play at the Camino Real Playhouse; Fiesta de las Golondrinas events sponsored by the Fiesta Association; and a blood and bone marrow drive at the Community Center. INTRODUCTIONS PRESENTATIONS AND DONATIONS LONG TERM EMPLOYEE WILLIAM RAMSEY RECOGNIZED (730.90) Molly Bogh, Planning Director, recognized William Ramsey for his 15 years of service to the city; and Mayor Hart presented him with a Certificate of Recognition. 2. PROCLAMATION DESIGNATING FEBRUARY 1, 2005 THROUGH APRIL 30, 2005 AS FIESTA DE LAS GOLONDRINAS PRESENTED (610.40) Mayor Hart proclaimed the period of February 1, 2005 through April 30, 2005 as the "Fiesta de las Golondrinas " and presented Tom Ostensen, President of the Fiesta Association with the proclamation. Ostensen ordered the annual hanging of the Mayor by the association's sheriff. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Swerdlin introduced the following individuals in attendance: Joann de Guevara, Marie Buckner, and Claude Vincent, Housing Advisory Committee; Gene Ratcliffe, Planning Commission; Kathy Hooper, Parks, 2 3-1-2005 Recreation and Equestrian Commission; and Les Blair, Council Liaison to the San Juan Seniors. ORAL COMMUNICATIONS Don Miller, City resident, said that his neighbor, Irene Ryan, had received notice from their mobile home park management that her rent would be raised by over $400 monthly from her current rent. Irene Ryan, City resident, felt the increase was prohibited due to the recent rent control decision denying the park owner's request to raise rents. She provided copies of the notices that she received. Mayor Hart requested John Shaw, City Attorney, contact Ms. Ryan for details and provide a response. Debra Campbell, City resident, spoke to Consent Calendar Item No. 7. On behalf of the Old Capistrano Merchants Association, she thanked Council for their continued support of the Farmer's Market. Ron LaChance, San Diego resident, spoke to item no. 7 on the Consent Calendar. He appreciated Council's support and noted that market attendees are primarily local residents. CONSENT CALENDAR Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto and carried unanimously, 5-0, to approve items 1 through 8 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. CITY COUNCIL MINUTES APPROVED: a. MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 2005 APPROVED AS SUBMITTED. b. MINUTES OF THE ADJOURNED REGULAR MEETING OF FEBRUARY 7, 2005, APPROVED AS SUBMITTED. 3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 17, 2005, IN THE AMOUNT OF $1,170,803.95; AND PAYROLL WARRANTS DATED FEBRUARY 11, 2005, IN THE AMOUNT OF $246,609.11, RECEIVED AND FILED. (300.30) 4. REPORT OF INVESTMENTS, MONTH ENDING JANUARY 31, 2005, RECEIVED AND FILED. (350.30) 3 3-1-2005 5. EXPENDITURES IN THE AMOUNT OF $50,475 FOR EMERGENCY STORM DRAIN REPLACEMENT WORK RATIFIED. (520.40) 6. AMENDMENT TO CITY COUNCIL POLICY #419, DELETING THE INSURANCE REQUIREMENTS FOR STREET BANNERS AT THE INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO STREET, APPROVED. (610.30) 7. MEMORANDUM OF UNDERSTANDING FOR THE FARMER'S MARKET FOR AN ADDITIONAL YEAR, FROM MARCH 4, 2005 THROUGH MARCH 4, 2006, APPROVED; AND THE CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30) 8. DRAINAGE REIMBURSEMENT AGREEMENT WITH PUEBLO SERRA WORSHIP HOLDINGS, IN THE AMOUNT OF $176,681.18, APPROVED. (600.70) 9. RESOLUTION NO. 05-03-01-01 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING TO WAIVE FORMAL COMPETITIVE BID REQUIREMENTS FOR CERTAIN WORK RELATED TO THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AS DECLARED ON JANUARY 11, 2005," ADOPTED (520.10) 10. REPORT REGARDING STATUS OF PROPOSITION 50 PROJECT SUBMITTALS, CALIFORNIA DEPARTMENTS OF WATER RESOURCES AND HEALTH SERVICES, RECEIVED AND FILED. (1050.40) PUBLIC HEARINGS CONSIDERATION OF A SITE FEASIBILITY STUDY CONDUCTED BY MERCY HOUSING CALIFORNIA FOR DEVELOPMENT OF A MULTI -FAMILY HOUSING PROJECT (PLANNING AND TECHNICAL ASSISTANCE COMMUNITY DEVELOPMENT BLOCK GRANT #03 -PTAH -0031), CANCELED (430.20) Meg Monahan, City Clerk, had been canceled. She rescheduled. RECESS AND RECONVENE announced that the public hearing for this agenda item will send out notice when the hearing date has been Council recessed at 7:30 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:30 p.m. 4 3-1-2005 ADMINISTRATIVE ITEMS G1. CITY MANAGER a. CONSIDERATION OF SDG&E TROUBLESMAN'S COTTAGE DISPOSITION ITEM CONTINUED TO MAY 3, 2005 TO ALLOW FURTHER DEVELOPMENT OF CURRENT PROPOSALS (570.70) Description: On December 7, 2004, City Council considered seven letters of interest in the Troublesman's Cottage and narrowed the selection down to four parties. Staff sent questionnaires to each selected party requesting a more detailed offer and received responses in return. Staff has determined the Goetz offer would not pre-empt the future planning of the Los Rios Park site and recommended Council select Offer #3, Bob and Charlene Goetz, as the preferred party to receive the Troublesman's Cottage. Written Communications: Staff report dated March 1, 2005, by Douglas D. Dumhart, Economic Development Manager. Presentation: Douglas D. Dumhart, summarized the staff recommendation. Public Comment: Economic Development Manager, Allan Niccola, city resident, requested continuance of the item to allow him time to complete property negotiations. Jesus Becerra, San Clemente resident, expressed his continued interested in the cottage. Council Discussion: Council Members Allevato, Bathgate, and Swerdlin agreed that disposition of the cottage should be continued for 60 days to allow other interested parties, whose offers may allow the City to recoup some of the funds spent on the cottage to date, time to resolve their property issues. Council Member Soto and Mayor Hart opposed the proposed continuance. They felt all the parties were given ample time to finalize their offers and the City has an obligation to the Goetz family to carry out the cottage disposition process in a timely manner. Dave Adams, City Manager, clarified that the intent of the Council Members who voted in favor of the continuance was to limit the offers under consideration to the four identified in the staff report, with no additional offers being considered. 5 3-1-2005 Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Allevato, and carried 3-2, with Council Member Soto and Mayor Hart opposed, to continue this item to the meeting of May 3, 2005, to allow further development of current proposals. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ORDINANCES Allevato, Bathgate, Swerdlin Soto, Mayor Hart None 1. ORDINANCE NO. 902 AMENDING MUNICIPAL CODE SUBSECTION 2- 2.903(a) OF ARTICLE "MOBILE HOME RENT CONTROL" ADOPTED. (430.30) Description: Second reading and adoption of the Ordinance is necessary to amend Municipal Code Subsection 2-2.903(a) of Article 9, "Mobile Home Rent Control." Written Communications: Report dated March 1, 2005, by Meg Monahan, City Clerk. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING MUNICIPAL CODE SUBSECTION 202.903(a) OF ARTICLE 9, 'MOBILE HOME RENT CONTROL', OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE." Council Action: Moved by Council Member Allevato, seconded by Council Member Bathgate, and carried unanimously, 5-0, to adopt Ordinance No. 902, amending Municipal Code Subsection 2-2.903(a) of article "Mobile Home Rent Control." COUNCILMANIC ITEMS - None 6 3-1-2005 ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 8:00 p.m. to Tuesday, March 15, 2005, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public Business Session in the City Council Chamber. Respectfully su mitted, 2ZAA ARET R. MONAHAN, CITY CLERK proved: April 5, 2005 ATTEST: I i- 3-1-2005