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03-0715_CC_Minutes_Regular MeetingMINUTES July 15, 2003 SAN JUAN CAPISTRANO CITY COUNCIL CLOSED SESSION (610.85)- 5:30 P.M. A Closed Session was held for the following purposes, as authorized by statute: 1. Pursuant to Government Code section 54956.8 the City Council conferred with its real property negotiator regarding the potential sale of real property referred to as the easterly 5,123 square feet of APN 121-141-25 & 121-141-26 (Ayoub Sesar/Piazza San Juan) 2. Pursuant to Government Code section 54957.6, the City Council conferred with its labor negotiator (City Manager) regarding labor negotiations with the San Juan Capistrano Employees Association and Management Employees Association. 3. Pursuant to Government Code section 54957.6, the City Council conferred with its labor negotiator, The Davis Company, regarding labor negotiations with an un- represented employee for the office of City Manager. RECESS UNTIL 7:00 P.M. BUSINESS SESSION Mayor Gelff called the Regular Meeting of the City Council of the City of San Juan Capistrano, California, to order at 7:05 p.m. in the City Council Chamber. Council Member Wyatt Hart led the Pledge of Allegiance to the Flag and Council Member David Swerdlin gave the Invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, David M. Swerdlin, Mayor pro tem Joe Soto, and Mayor John S. Gelff. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Pam Gibson, Interim City Manager, John Shaw, City Attorney; Cynthia L. Russell, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; AI King, Jr., Community Services Director; Lt. J.B. Davis, Chief of Police Services; Dawn Schanderl, Deputy City Clerk; and Maria Guevara, Secretary. City Council Minutes 1 07-15-2003 ANNOUNCEMENT OF CLOSED SESSION - None INTRODUCTIONS, PRESENTATION AND DONATIONS 1. SAN JUAN CAPISTRANO HISTORICAL SOCIETY RECOGNIZED. (610.40) Mayor Geiff recognized the contributions of the San Juan Capistrano Historical Society and presented a Certificate of Appreciation to Tony Forster, President of the Historical Society. 2. GEORGE SCARBOROUGH, CITY MANAGER, RECOGNIZED FOR HIS YEARS OF SERVICE (630.90) The City Council presented a Resolution of Appreciation to George Scarborough, City Manager, for his many years of service and contributions to the City of San Juan Capistrano and wished him success with his future endeavors. Jerry Miller, Mission San Juan Capistrano, thanked George for all his accomplishments and presented him with a gift of gratitude. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Soto introduced the following persons in attendance: Sheldon Cohen, Planning Commission; Don Tryon, Cultural Heritage Commission; Roberto Brutocao, Transportation Commission; Joann de Guevara & Marie Buckner, Housing Advisory Committee; Tony Forster, Cultural Heritage Commission and President of the Historical Society; and, Jerry Miller, Mission San Juan Capistrano. ANNOUNCEMENTS: Al King Jr., Director of Community Services, invited the public to attend the San Juan Summer Nites concert at the Historic Town Center Park this coming Wednesday. This event will be held in conjunction with the Farmer's Market. Mayor Gelff introduced Pam Gibson, Interim City Manager. Council Member Bathgate thanked staff for the wonderful 4th of July celebration. ORAL COMMUNICATIONS: (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY): None CONSENT CALENDAR Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Bathgate and carried unanimously, 5-0, to approve items 1 through 9 and 11 through 13 as recommended by Staff. City Council Minutes 2 07-15-2003 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES FROM THE REGULAR MEETING OF JUNE 17, 2003, APPROVED AS SUBMITTED. 3. WARRANTS DATED JUNE 26, 2003, IN THE AMOUNT OF $1,271,669.94 , AND PAYROLL WARRANTS DATED JUNE 19, 2003, IN THE AMOUNT OF $221,168.54, RECEIVED AND FILED. (300.30) 4. CLAIM OF STEPHEN BIRES AND JACQUELINE J. CROCE-SIRES DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70) 5. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED. (440.10) 6. CASH FUND BALANCES BY FUND - MAY 31, 2003, RECEIVED AND FILED (330.50) 7. RESOLUTION NO. 03-07-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE X111 B APPROPRIATION LIMITATION (GANN LIMIT) FOR THE 2003-2004 FISCAL YEAR" IN THE AMOUNT OF $41,587,785. (330.20) 8. RESOLUTION NO. 03-07-15-02 ADOPTED 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 2003-2004 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO" SETTING THE TAX RATE OF $0.0379 PER $100 OF ASSESSED VALUATION FOR THE OPEN SPACE GENERAL OBLIGATION REFUNDING BOND PROPERTY TAX FOR FISCAL YEAR 2003-2004; AND THE CITY CLERK DIRECTED TO FORWARD A CERTIFIED COPY OF THE RESOLUTION TO THE ORANGE COUNTY ASSESSOR AND AUDITOR/CONTROLLER OFFICES FOR INCLUSION ON THE 2003-2004 TAX ROLLS. (390.80) 9. INVESTMENT POLICY FOR THE CITY OF SAN JUAN CAPISTRANO, FISCAL YEAR 2003-2004 APPROVED; AND, THE CITY CLERK DIRECTED TO FORWARD THE INVESTMENT POLICY TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION. (350.30) 10. SOUTH OPEN SPACE LANDSLIDE: RATIFICATION OF AGREEMENTS WITH GOODWIN CONSTRUCTION FOR EMERGENCY SOIL REMOVAL KUNO'S City Council Minutes 3 07-15-2003 GRADING FOR ADDITIONAL SOIL REMOVAL AND SURFICIAL GRADING WORK; AUTHORIZATION OF THE MAYOR TO SIGN THE AGREEMENTS; AND APPROPRIATTION OF $88,733.60 APPROPRIATED FROM THE GENERAL FUND RESERVE, AS OF JUNE 30, 2003 (600.30) Council Member Swerdlin ascertained that the agreements for additional grading work and implementation of erosion and sediment control measures are anticipated to cost approximately $27,000. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Bathgate and carried unanimously to ratify the construction contract with Goodwin Construction for emergency soil removal for the South Open Space Landslide, in the amount of $34,056, authorize the Mayor authorized to sign the agreement; to ratify the construction contract with Kuno's Grading for additional soil removal and superficial grading work for the South Open Space Landslide, in the amount of $87,077.60 and authorize the Mayor to sign the agreement; authorize the City Manager to execute agreements for additional grading work and implementation of erosion and sediment control measures; and appropriate $88,733.50 from the General Fund Reserve, as of June 30, 2003, to cover the costs for the South Open Space landslide, incurring during Fiscal year 200212003. 11. RECEIPT OF ALL BIDS ACKNOWLEDGED; CONSTRUCTION CONTRACT AWARDED TO TAMANG ELECTRIC FOR THE EMERGENCY GENERATOR CONNECTIONS PROJECT IN THE AMOUNT OF $49,400; MAYOR AUTHORIZED TO SIGN THE CONTRACT. (600.30) PUBLIC HEARINGS: RESOLUTION NO. 03-07-15-03 ADOPTED CERTIFYING NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 03 -01 - AMENDMENT TO THE CONSERVATION AND OPEN SPACE ELEMENT RELATED TO WATER QUALITY AND MINOR LAND USE. (440.25) Proiect Description: On February 4, 2003, the City Council initiated an amendment to the Conservation & Open Space element of the City's General Plan to reinforce existing policies and programs addressing water quality issues associated with non -point source pollution. In addition, a minor Land Use Policy Map correction is required regarding a parcel located at the base of McCracken Hill designated as a special study area. Written Communications: Report dated July 15, 2003, from Thomas Tomlinson, Director of Planning. Presentation: Thomas Tomlinson, Director of Planning, reviewed staff recommendation. City Council Minutes 4 07-15-2003 Mayor Gelff opened the public hearing and there being no public testimony, closed the public hearing. Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate and carried unanimously, 5-0, to adopt Resolution No. 03-07-15-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 03- 01, AMENDING THE CONSERVATION AND OPEN SPACE ELEMENT TO MODIFY AND EXPAND THE POLICIES RELATED TO WATER QUALITY, AND MINOR CHANGE TO THE LAND USE POLICY MAP OF THE LAND USE ELEMENT (GENERAL PLAN AMENDMENT 03-01)." 2. RESOLUTION NO. 03-07-15-04 ADOPTED CONFIRMING THE COST REPORT FOR THE 2003 WEED ABATEMENT PROGRAM AND AUTHORIZED ASSESSMENT OF WEED ABATEMENT CHARGES TO INDIVIDUAL PROPERTIES. (540.70) Project Description: In compliance with City Ordinance No. 348, Weed and Refuse Abatement, and in cooperation with the County of Orange tax assessment procedures, the charges for the City's Weed Abatement Program have been submitted for City Council confirmation. Written Communications: Report dated July 15, 2003, from Amy Amirani, Director of Public Works Director. Presentation: Amy Amirani, Director of Public Works Director, reviewed the staff recommendation. Mayor Gelff opened the public hearing and there being no public testimony, closed the public hearing. Council Comments: Council Member Swerdlin advised those charged for weed abatement that they could realize significant savings if they were to contract for these services, personally. Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Soto and carried unanimously to adopt Resolution No. 03-07-15-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2003 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO." City Council Minutes 5 07-15-2003 RECESS AND RECONVENE Council recessed at 7:35 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 9:15 p.m. ADMINISTRATIVE ITEMS G1. PLANNING DIRECTOR a. ANNUAL REPORT ON STATUS OF THE GENERAL PLAN APPROVED (440.25) Project Description: In accordance with the provisions of California Government Code Section 65400(b), the City is required to prepare an annual report on the status of the General Plan and progress towards its implementation, including the progress in meeting its share of regional housing needs, determined pursuant to Section 65584. Staff recommends approving the report, and authorizing the Planning Department to transmit the document to the California Department of Housing and Community Development. Written Communication: Report dated July 15, 2003 by Thomas Tomlinson, Planning Director. Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff recommendation. Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem Soto and carried unanimously to approve the Annual Report on the Status of the General Plan and authorize its transmittal to the California Department of Housing and Community Development. G2. ENGINEERING AND BUILDING DIRECTOR a. AGREEMENT WITH PICTOMETRY INTERNATIONAL CORPORATION APPROVED IN CONCEPT (600.30) Project Description: The County of Orange contracted with Pictometry International Corporation to fly the entire county and provide aerials and oblique aerials of the county. The County required that aerials would be available to county cities at a reduced price. The aerials will benefit code and law enforcement. Written Communication: Report dated July 15, 2003 by William M. Huber, Director of Engineering and Building. Presentation: Ziad Mazboudi, Senior Civil Engineer, reviewed the staff recommendation. City Council Minutes 6 07-15-2003 Lt. J. B. Davis, Chief of Police, supported the proposal because the technology would greatly enhance officer safety and communication. Council Comment: Mayor pro tem Soto ascertained that these costs would eliminate the need for aerial photography costs that now are approximately $60,000, every three years, while providing enhanced use and compatibility with the City's GIS system. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously to approve the multi-year agreement with Pictometry International Corporation in concept with the final agreement to return to Council on the Consent Calendar. b. TRAFFIC SIGNAL AT ORTEGA HIGHWAY AT VIA CORDOVA: STAFF DIRECTED TO STOP WORK ON PROJECT, WORK WITH CALTRANS ON APPROVING AN ALTERNATE LOCATION, AND CONDUCT RELATED NEIGHBORHOOD MEETINGS (590.20) Prolect Description: The Traffic Congestion Relief Committee reviewed the Ortega Highway at Via Cordova signal in consideration of issues raised by -- affected residents and recommended seeking an alternate location, acceptable to Caltrans, and meet with affected neighborhoods. Written Communication: Report dated July 15, 2003 by William M. Huber, Director of Engineering and Building. Letters dated July 3 and 14, 2003, from Terry Holdt, City resident, expressing concern regarding the proposed traffic signal. Letter dated July 14, 2003, from Maryann Tucker, City resident, supporting the staff recommendation. Presentation: William M. Huber, Director of Engineering and Building, reviewed the staff recommendation. Public Comment: Emil Rapp, city resident, supported the staff recommendation. Council Comment: Council Member Bathgate suggested that future proposed locations should be compared with the proposed signal at Cordova. City Council Minutes 7 07-15-2003 Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Hart and carried unanimously to concur with the Traffic Congestion Relief Committee recommendation to stop any further work on the Ortega Highway at Via Cordova traffic signal; direct staff to work with Caltrans on approving an alternate signal location along Ortega Highway; and direct staff to conduct neighborhood meetings with residents affected by a new signal location, if Caltrans approves an alternate location. G3. PUBLIC WORKS DIRECTOR a. TERMINAL RESERVOIR NO. 2 REPLACEMENT PROJECT: EXPENDITURES FOR LAND SURVEYING, ENVIRONMENTAL CONSULTING & GEOTECHNICAL INVESTIGATION SERVICES RATIFIED; AMENDMENT NO. 3 WITH CAMP DRESSER MCKEE APPROVED; $150,000 APPROPRIATED FROM CAPITAL IMPROVEMENT FUND RESERVE TO PROJECT (CIP NO. 753)(600.70) Proiect Description: On April 2, 2003 the city entered into an agreement with Camp Dresser & McKee Inc (CDM) for geotechnical and engineering design services related to replacing the Terminal Reservoir No. 2. Recent readings indicate that an existing landslide at the site continues to move, requiring complex slope stabilization measures. Other potential project sites have been studied, but this site continues to be the most cost effective. Therefore, staff recommends ratifying expenditures for land surveying, environmental and geotechnical consulting services, approving an amendment to the CDM agreement, and appropriating $150,000 from the Capital Improvement Fund Reserve to fund these additional costs. Written Communication: Report dated July 15, 2003 by Amy Amirani, Director of Public Works. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously to ratify expenditures of land surveying and additional environmental consultant and geotechnical investigations services, in the amount of $95,425.00; approve additional engineering design services, in the amount of $155,252.00 for the Terminal Reservoir No. 2 Replacement Project; authorize the Mayor to execute Amendment No. 3; and appropriate $150,000 from the Capital Improvement Fund Reserve to CIP No. 753. G3. CITY MANAGER a. PROPOSED WEEKLY MONDAY NIGHT CLASSIC CAR SHOWS - MEMORANDUM OF UNDERSTANDING, NO ACTION TAKEN (600.40) Pro'ect Description: The Old Capistrano Merchants Association (OCMA), a partnership affiliate of the San Juan Capistrano Chamber of Commerce City Council Minutes 8 07-15-2003 developed a proposal for a weekly Monday Night Classic Car Show in the historic downtown area. Staff recommends approval of a Memorandum of Understand between the City, the Agency, the OCMA, and the San Juan Capistrano Chamber of Commerce establishing organizational responsibilities for the event. Written Communications: Report dated July 15, 2003, Mechelle Lawrence, Economic Development Manager. Letter dated July 9, 2003, from Ron Cohan, owner of Zia Jewelry, opposed to the proposed Monday Night Classic Car Show. Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the staff recommendation. Lt. J. B. Davis, Chief of Police, reported that Police Services had reviewed the proposal and required that vehicle owners remain with their vehicles, vehicle descriptions be posed on the sidewalk -side of show vehicles, and pedestrians be limited to sidewalk areas only. Public Comments: Jonathan Voltzke, representing the OCMA, stated the purpose of the event was to encourage pedestrian movement throughout the downtown to encourage attendees to shop and dine in the area. Council Comments: Council Members expressed concerned related to pedestrian safety, the timing of the event during rush-hour traffic, difficulty in monitoring and insuring the safety of children that would attend the event, and access to merchants adjacent to event activities. Council suggested limiting the event to various parking lots. They encouraged an alternative proposal based on more input from local merchants and included close event monitoring, a limit on the number of cars, and responded to impacts on local merchants. Council Action: No action taken, Staff to prepare a follow up report outlining distribution plan for classic car event throughout downtown with limited impact on merchants. ORDINANCES: 1. ORDINANCE NO. 883 ADOPTED ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE SAN JUAN CAPISTRANO REDEVELOPMENT PLAN. (340.10) City Council Minutes 9 07-15-2003 Project Description: First Reading and introduction of an ordinance eliminating the time limit on establishment of loans, advances and indebtedness with respect to the San Juan Capistrano Redevelopment Plan took place on July 1, 2003. Second reading and adoption is necessary at this time. Written Communication: Report dated July 15, 2003, by Meg Monahan, City Clerk. John Shaw, City Attorney, read the title of the ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE SAN JUAN CAPISTRANO REDEVELOPMENT PLAN." Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried unanimously to adopt Ordinance No. 833, eliminating the time limit on establishment of loans, advances and indebtedness with respect to the San Juan Capistrano Redevelopment Pian. COUNCILMANIC ITEMS 1. JOHN GELFF ELECTED AS THE VOTING DELEGATE, WYATT HART SELECTED AS THE ALTERNATE VOTING DELEGATE AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 7, THROUGH 10, 2003. (140.20) The City Council concurred 5-0 to appoint John Gelff as the voting delegate and Wyatt Hart as the alternate voting delegate to the League of California Cities Annual Conference to be held September 7 through 10, 2003; and, the City Clerk authorized to communicate the selections to the League. 2. ORAL REPORTS: Council Member Swerdlin: Vector of the Month - The Eye Gnat Mayor pro tem Soto: Congratulated Meg Monahan, City Clerk, for being elected to the Southern California City Clerk's Association Board of Directors. 3. COUNCIL COMMENTS: - None City Council Minutes 10 07-15-2003 ADJOURNMENT There being no further business, Mayor Gelff adjourned the meeting at 9:45 p.m. to a Regular meeting, Tuesday, August 5, 2003, 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, trARET R. MONAHAN, CITY CLERK Approved: August 19, 2003 City Council Minutes 11 07-15-2003