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05-0705_CC_Minutes_Regular MeetingMINUTES JULY 5, 2005 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85): None Mayor Hart called the regular meeting of the City Council of the City of San Juan Capistrano to order at 7:04 p.m. in the City Council Chamber. Council Member Allevato led the Pledge of Allegiance and Mayor pro tem Swerdlin gave the invocation. 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: Dave Adams, City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; William M. Huber, Assistant City Manager; Cindy Russell, Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Molly Bogh, Planning Director; Amy Amirani, Public Works Director; Karen Crocker, Community Services Director; Nasser Abbaszadeh, Engineering & Building Director; Michael Cantor, Senior Management Analyst; and Elizabeth White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Allevato complimented staff for the successful 4th of July Celebration at the San Juan Capistrano Sports Park and encouraged support of the Relay for Life event sponsored by the American Cancer Society. Karen Crocker, Community Services Director, noted that 11,000 people attended the 4th of July event. Council Member Soto welcomed Monsignor Martin to the meeting. Mayor pro tem Swerdlin provided West Nile Virus information concerning reporting dead birds and encouraged residents and horse owners to take appropriate precautions. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Manager, announced upcoming events including the upcoming San Juan Capistrano Rotary Club Award of Police Services, Fire Services, and Educator of the Year awards and installation of Cynthia L. Russell, 7-5-2405 Administrative Services Director, as president; Shakespeare under the Stars; and a Dine and Dance event to be held at the San Juan Capistrano Library. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. MAYOR'S AWARD — COMMUNITY SERVICE LEADER OF THE YEAR — PRESENTED TO MONSIGNOR PAUL MARTIN. (610.40) Mayor Hart recognized Monsignor Paul Martin for his decades of service, devotion, and contributions to the community and Orange County and presented him with the Mayor's Award for 2005 Community Service Leader of the Year. 2. CERTIFICATE OF APPRECIATION PRESENTED TO THE MEN'S SENIOR BASKETBALL TEAM — USA -70. (610.40) Mayor Hart recognized the men's senior basketball team, USA -70, for winning the National Senior Basketball Championship. Bob Messersmith and Ernie Miller accepted the award. 3. JULY 2005 DESIGNATED AS PARKS AND RECREATION MONTH. (610.40) Mayor Hart proclaimed the month of July 2005 as "Parks and Recreation Month" in the City of San Juan Capistrano and presented Kathy Hooper, Chair of the -� Parks, Recreation and Equestrian Commission, with the proclamation. 4. LONG TERM EMPLOYEE DONNA DUCHARM RECOGNIZED. (730.90) Cynthia L. Russell, Administrative Services Director, recognized Donna Ducharm, Receptionist/Cashier, for 15 years of service to the City. Mayor Hart presented her with a certificate of recognition. 5. LONG TERM EMPLOYEE ALAN OSWALD RECOGNIZED. (730.90) Nasser Abbaszadeh, Engineering & Building Director, recognized Alan Oswald, Sr. Engineer, for 10 years of service to the City. Mayor Hart presented him with a certificate of recognition. 6. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING. (110.10) Mayor pro tem Swerdlin introduced the following individuals in attendance: Kathy Hooper and Roger Evans, Parks, Recreation and Equestrian Commission; Don Tryon, Cultural Heritage Commission; Marie Buckner and Joann de Guevara, Housing Advisory Committee; Phillip Schwartze, former Mayor; Mechelle Lawrence, Executive Director of the Mission San Juan Capistrano; and Stan Wylazlowski, Executive Director of the San Juan Capistrano Chamber of Commerce. 2 7-5-2005 ORAL COMMUNICATIONS Donna Friess, City resident, inquired into grading activity near the Tar Farms property. Dave Adams, City Manager, reported that staff would investigate tomorrow. Carolyn Gonzalez, City resident, new Jones Mini -Farm owner, requested support from the City toward approval of their farm improvement plans. Kathy Hooper, City resident, congratulated the City Council and staff for the very successful 4th of July event. CONSENT CALENDAR Council Action: Moved by Council Member Allevato, seconded by Council Member Soto, and carried unanimously, 5-0, to approve items 1, 2, 3, 5, 6, 7, 10, 11, and 12 as recommended by staff: 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF JUNE 7, 2005, APPROVED AS SUBMITTED. 3. ACCOUNTS PAYABLE WARRANTS DATED JUNE 23, 2005, IN THE AMOUNT OF $1,880,867.66; AND PAYROLL WARRANTS DATED JUNE 17, 2005, IN THE AMOUNT OF $272,789.86, RECEIVED AND FILED. (300.30) 4. LICENSE AGREEMENT WITH THE OLD CAPISTRANO MERCHANT ASSOCIATION (OCMA), FOR USE OF CITY LIGHT POLES TO HANG BANNERS, APPROVED, SUBJECT TO CITY APPROVAL OF FABRIC COLOR. (410.40) This item was removed from the Consent Calendar to allow Council Member Bathgate to abstain. Council Action: Moved by Council Member Allevato, seconded by Council Member Soto, and carried 4-0-1, with Council Member Bathgate abstaining, to approve the License agreement with the Old Capistrano Merchant Association (OCMA), for use of City light poles to hang banners subject to City approval of fabric color. ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Soto, Mayor Hart NOES: COUNCIL MEMBERS: None 3 7-5-2005 ABSTAIN: COUNCIL MEMBERS: Bathgate 5. REPORT OF INVESTMENTS, MONTH ENDING MAY 31, 2005, RECEIVED AND FILED. (350.30) 6. INVESTMENT POLICY FOR THE CITY OF SAN JUAN CAPISTRANO FOR FISCAL YEAR 2005/2006 APPROVED; AND THE CITY CLERK DIRECTED TO FORWARD THE INVESTMENT POLICY TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION. (350.30) 7. RESOLUTION NO. 05-07-05-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL YEAR 2005/2006 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO," ADOPTED; AND THE CITY CLERK INSTRUCTED TO FORWARD A CERTIFIED COPY OF THE RESOLUTION TO THE ORANGE COUNTY ASSESSOR AND AUDITOR/CONTROLLER OFFICES FOR INCLUSION ON THE 2005/2006 TAX ROLLS. (390.80) 8. TWO-YEAR PERSONAL SERVICES AGREEMENT WITH SECURTEC DISTRICT PATROL, INC., IN THE AMOUNT OF $45,600, TO PROVIDE PARKING ENFORCEMENT FOR OVERNIGHT PARKING PERMIT PROGRAM CITY-WIDE, APPROVED. (600.30) This item was removed from the Consent Calendar by Council Member Soto for clarification of Securtec's scope of work. Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Swerdlin, and carried unanimously, 5-0, to approve a two-year personal services agreement with Securtec District Patrol, Inc., to provide parking enforcement for overnight parking permit program city-wide, in the amount of $45,600 from July 1, 2005 to June 30, 2007. 9. TWO-YEAR AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES, APPROVED. (600.30) This item was removed from the Consent Calendar by Mayor pro tem Swerdlin for clarification of the competitive bid process. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Allevato, and carried unanimously, 5-0, to approve a two-year agreement with All City Management Services, Inc., in the amount of $133,120, for serving six crossing guard locations, from July 1, 2005 through June 30, 2007. 4 7-5-2005 10. AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. FOR VOLUNTEER TRAUMA INTERVENTION RESPONSE TO CRITICAL INCIDENTS, IN THE AMOUNT OF $8,600, FOR THE PERIOD OF JULY 1, 2005 TO JUNE 30, 2007, APPROVED. (600.30) 11. SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) FISCAL YEAR 2005-2006 BUDGET APPROVED. (330.50) 12. RESOLUTION NO. 05-07-05-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE WITH REGARD TO PHASE ONE OF THE WHISPERING HILLS REORGANIZATION, ANNEXING 22 ACRES OF TERRITORY TO THE CITY OF SAN JUAN CAPISTRANO (LAFCO RO 04-10)," ADOPTED. (390.80) PUBLIC HEARINGS 1. FIRST READING AND INTRODUCTION OF ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR THE WHISPERING HILLS ESTATES PROJECT, VESTING TENTATIVE TRACT MAP 16634 (APNS 121-172-02,124- 140-49, 124-140-50, 124-140-51, 124-140-53, 124-223-23, 124-223-45) APPROVED. (600.30) Description: Whispering Hills LLC has requested that the city approve a Development Agreement for the Whispering Hills residential project, Vesting Tentative Tract Map (VTTM) 16634. The approval will provide assurances to the developer that the subdivision can be developed under City requirements in effect at the time the vesting tentative map was approved and that building permits will be allocated under the City's growth management system. In return, the development agreement provides for formation of a community facilities district which will generate $1,126,000 in funds available for development of community -wide facilities. Staff recommended approval of first reading and introduction of an Ordinance approving a development agreement for Whispering Hills Estates. Written Communication: Staff report dated July 5, 2005, by Molly Bogh, Planning Director. Presentations: Molly Bogh, Planning Director, summarized the agenda report. Phillip Schwartze, representing the applicant, provided an overview of the proposed development agreement and requested approval. Mayor Hart opened the public hearing. 7-5-2005 Public Testimony: Mark Nielsen, City resident, expressed opposition to the development agreement citing the city's responsibility to provide sewer capacity, burdens placed on future homeowners for payment of community facilities district fees, and terms related to future changes to the agreement. Mayor Hart closed the Public Hearing. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE WHISPERING HILLS ESTATES PROJECT (WHISPERING HILLS LLC)." Council Action: Moved by Council Member Allevato, seconded by Council Member Bathgate, and carried unanimously, 5-0, to approve first reading and introduction of an ordinance approving a development agreement for Whispering Hills Estates. 2. RESOLUTION NO. 05-07-05-03 ADOPTED APPROVING TENTATIVE TRACT MAP 16678, A SUBDIVISION MAP TO CREATE 5 CONDOMINIUM LOTS; AND MAKING THE FINDING THAT THE PROJECT IS CONSISTENT WITH THE CERTIFIED ENVIRONMENTAL IMPACT REPORT. (APN 675-361-06) (420.40) Description: Centra Realty Corporation submitted a Tentative Tract Map application for a subdivision map to create 5 condominium lots (one air -space lot for each floor) in conjunction with a previously approved site plan consisting of a general office project in 3 buildings. On May 24, 2005, the Planning Commission recommended the City Council adopt the resolution approving Tentative Tract Map 16678. Staff recommended Council adopt the resolution conditionally approving Tentative Tract Map 16678 and finding the project is consistent with the Certified EIR. Written Communications: Staff report dated July 5, 2005, by Molly Bough, Planning Director. Presentations: Molly Bough, Planning Director, summarized the staff agenda report. Stephen Sandland, project applicant, supported the project. Mayor Hart opened the public hearing, and there being no public testimony, closed the public hearing. 6 7-5-2005 Council Action: Moved by Council Member Swerdlin, seconded by Council Member Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 05- 07-05-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THAT THE PROJECT IS CONSISTENT WITH THE CERTIFIED EIR AND APPROVING TENTATIVE TRACT MAP 16678 FOR THE DEVELOPMENT OF 5 CONDOMINIUM LOTS (ASSESSOR'S PARCEL NUMBER 675-361-06; CENTRA REALTY CORPORATION) (VALLEY RANCH CONDOMINIUMS)." 3. RESOLUTION NO. 05-07-05-04 ADOPTED APPROVING AN UPDATED SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES. (390.10) Description: In Spring 2003, as part of the adoption of a State Budget Contingency Plan, Council requested an evaluation of flees and charges for City services to ensure the amounts were adequate to cover the costs of providing these services, comparable with the surrounding communities, and met the needs of the community. Staff evaluated all City fees currently in place and identified certain services and programs that should have fees adopted. Staff recommended Council adopt the resolution approving the updated schedule of fees and charges for City services, effective September 1, 2005. Written Communications: Staff report dated July 5, 2005, by Cynthia L. Russell, Administrative Services Director. Presentation: Cynthia L. Russell, Administrative Services Director, summarized the agenda report. Mayor Hart opened the Public Hearing and there being no public testimony, closed the Public Hearing. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Allevato, and carried unanimously, 5-0, to adopt RESOLUTION NO. 05- 07-05-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FEES AND CHARGES FOR CITY SERVICES" RECESS AND RECONVENE Council recessed at 8:18 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:18 p.m. 7 7-5-2005 ADMINISTRATIVE ITEMS G1. ENGINEERING AND BUILDING DIRECTOR a. INTERSECTION OF SAN JUAN CREEK ROAD & PASEO CHRISTINA: ALL - WAY STOP AND OTHER TRAFFIC IMPROVEMENTS APPROVED (590.501590.70) Description: Following a serious accident at the intersection of San Juan Creek Road and Paseo Christina, residents from the Hidden Valley neighborhood have actively pursued installation of an all -way stop, crosswalk, and other traffic calming measures to improve safety at that intersection. Council directed staff to evaluate the feasibility of installing these traffic improvements. Staff evaluated the intersection based on City Council Policy #507 "Installation of Stop Signs," and determined the traffic conditions and operation do not warrant installation of an all -way stop or crosswalk sign at this time. On May 11, 2005, the Transportation Commission, by a 5-0 vote, recommended the City Council install all -way stops for the greater good of the community and to make improvements to enhance safety at the intersection. Staff recommended Council consider the alternatives described in the staff report and direct staff. Written Communications: Report dated July 5, 2005, by Nasser Abbaszadeh, Engineering and Building Director. Presentation: Nasser Abbaszadeh, Engineering and Building Director, summarized the agenda report. Public Comment: John Agostini, City resident, supported installation of stop signs, a sidewalk on the south side of San Juan Creek Road, and felt the median obstructed views. Jennifer Agostini, City resident, supported installation of traffic control devices. Ken Friess, City resident, requested installation of stop signs for safety of the residents. Dave Adams, City Manager, reported that police speed and stop sign enforcement would begin after the installations. Council Action: Moved by Council Member Allevato, seconded by Council Member Bathgate, and carried unanimously, 5-0, to approve a) installation of all - way stop signs; b) installation of appropriate stop ahead and other warning signs at staff discretion; c) removal of existing median landscaping to provide adequate sight distances at the intersection, to be replaced by river rock and some boulders; d) completion of a speed study on San Juan Creek Road after the 8 7-5-2005 signs have been installed; and e) after above improvements are completed, conduct a sidewalk study and poll residents, concerning possible sidewalk installation (as outlined in the 7 -year Capital Improvement Plan, or possibly sooner), returning to the City Council for final consideration. G2. ADMINISTRATIVE SERVICES DIRECTOR a. RESOLUTION NO. 05-07-05-05 ADOPTED APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT (CFD 2005-1) AMONG THE CITY OF SAN JUAN CAPISTRANO, CAPISTRANO UNIFIED SCHOOL DISTRICT, AND WHISPERING HILLS, LLC. (600.50) Council Member Soto recused himself from considering this item due to a Business relationship with the Capistrano Unified School District (CUSD). Description: The Whispering Hills Estates Developer has been working with the Capistrano Unified School District and the City to form a community facilities district (CFD). Participation in the CFD provides an opportunity for the City to secure a portion of the funds available for City purposes to fund community -wide facilities that would otherwise not be funded by this development. In order to participate in the CFD, the City, CUSD, and the developer need to enter into a Joint Community Facilities Agreement (JCFA). Staff recommended Council adopt - the resolution approving the JCFA (CFD 2005-1) among the City of San Juan Capistrano, Capistrano Unified School district, and Whispering Hills LLC. Written communications: Report dated July 5, 2005, by Cynthia L. Russell, Administrative Services Director. Presentations: Cynthia L. Russell, Administrative Services Director, summarized the agenda report. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Allevato, and carried 4-0-1, with Council Member Soto abstaining, to adopt Resolution No. 05-07-05-05, 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 WHISPERING HILLS, LLC RELATING TO THE WHISPERING HILLS ESTATES DEVELOPMENT." ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Bathgate, Mayor Hart NOES: COUNCIL MEMBERS: None 9 7-5-2005 ABSTAIN: COUNCIL MEMBERS: Soto ORDINANCES — None COUNCILMANIC ITEMS 1. APPOINTMENTS MADE TO FILL VACANCIES ON THE YOUTH ADVISORY BOARD, AS RECOMMENDED BY THE MAYOR'S SUBCOMMITTEE, TERMS ENDING AUGUST 31, 2006. (110.20) Presentation: Meg Monahan, City Clerk, reviewed the list of applicants to the Youth Advisory Board. Mayor Hart, representing the Mayor's subcommittee concerned with reviewing applications to committees, recommended approval of the list of applicants, terms ending August 31, 2006, as follows: Adult Advisors Judith Ann Hurst Kenneth Friess Youth Members Michael Carew Jennifer Holladay Kirsten Erickson Danny Matthews Matthew McCormick Kayla Ferrari Christian St. Pierre Melissa Bell Harrison Taylor Vera Lugo Ryan Wagner Evan Chaffee Derek DeCaro Justin Kubassek Written Communications: Report dated July 5, 2005, by Meg Monahan, City Clerk. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Allevato, and carried unanimously, 5-0, to make the annual appointments to the Youth Advisory Board, terms ending August 31, 2006, as recommended by staff. 10 7-5-2005 ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 9:00 p.m. to Tuesday, July 19, 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 submitted, RET R. MONAHAN, CITY CLERK : August 2, 2005 ATTEST: 11 7-5-2005