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03-0805_CC_Minutes_Regular MeetingMINUTES August 5, 2003 SAN JUAN CAPISTRANO CITY COUNCIL CLOSED SESSION (610.85) - None 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 7.02 p.m. in the City Council Chamber. Captain Ryan Hart led the Pledge of Allegiance to the Flag and Council Member 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: Pam Gibson, Interim City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Interim Assistant City Manager/Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services Director; Sgt. Gil Garcia, Police Services; and, Dawn Schanderl, Deputy City Clerk, ANNOUNCEMENT OF CLOSED SESSION - None INTRODUCTIONS, PRESENTATION AND DONATIONS 1. IISE BYRNES RECOGNIZED FOR HER MAJOR CONTRIBUTIONS TO THE COMMUNITY AND PRESENTED WITH THE MAYOR'S AWARD FOR 2003 COMMUNITY SERVICE LEADER OF THE YEAR. (610.40) Mayor Gelff recognized Ilse Byrnes for her contributions to the community and presented her with the Mayor's Award for 2003 Community Service Leader of the Year. 2. LILY FREYGANG, CHRISTINE HASIRCOGLLU, AND GENEVA LETO RECOGNIZED FOR THEIR COMMUNITY SERVICE CONTRIBUTIONS AND FOR RECEIVING THE GOLD AWARD FROM THE GIRL SCOUTS OF AMERICA. (610.40) 08-05-2003 Mayor Gelff and Cynthia L. Russell, Interim Assistant City Manager, recognized Lily Freygang, Christine Hasirgoglu, and Geneva Leto for their community service contributions and for receiving the Gold Award from the Girls Scouts of America. 3. PARAMEDICS AND STAFF OF MEDIX AMBULANCE SERVICE RECOGNIZED FOR THEIR DEDICATION TO THE RESIDENTS OF THE COMMUNITY. (610.40) Mayor Gelff recognized the paramedics and staff of Medix Ambulance Service for their dedication to the residents of the community. 4. PRESENTATION BY THE YOUTH ADVISORY BOARD RECEIVED AND FILED. (610.40) Maricella Moreno, Recreation Coordinator, and Christine Hasirgoglu, Youth Advisory Board Chair, presented the activities and accomplishments of the city's first Youth Advisory Board. 5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) The following groups and individuals were present and recognized by Mayor pro tem Soto: Boy Scout Troop 724; Ilse Byrnes, Tori Haidinger, and Jill Hanna, Parks Recreation and Equestrian Commission; Joann de Guevara, Marie Buckner, and Howard Langhans, Housing Advisory Committee; Jean Ratcliffe, Planning Commission; Don Tryon, Cultural Heritage Commission; Tony Soto, Water Advisory Commission: and Brian Beeman, Transportation Commission. ORAL COMMUNICATIONS: (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY): Erin Kutnick, 31271 Avenida Terramar, urged a proactive approach to the recent violent attack of Marines within the city. Captain Ryan Hart, 28451 Ortega Highway, son of Council Member Hart, thanked the community for their support and encouragement during his active duty in the Iraqi Freedom mission. Kim Gould, Laguna Niguel, expressed concerns regarding maintenance of the city's equestrian trail access. Ilse Byrnes, 30500 Hilltop Way, supported stronger consequences for removal of historic structures and trees. Gail Kukow, 28472 Calle Pinon, San Juan Capistrano Equine Coalition, discussed a blocked equestrian trail and the need to preserve trail access. 08-05-2003 w Luis Artoro Guevara, 31277 Calle San Juan, was concerned about negative remarks directed at the city's Latino community, related to the recent violent attack of Marines within the city. Sergeant Garcia, present in place of Lt. J. B. Davis, Chief of Police Services, reported that the Orange County Sheriff's Department was actively involved in investigating the violent attack of Marines. CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously to approve Consent Calendar items 1 through 4, 6, 7 and 10 approved as submitted by staff: 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES FROM THE REGULAR MEETING OF JULY 1, 2003, APPROVED AS SUBMITTED. 3. REVISED MINUTES FROM THE ADJOURNED REGULAR MEETING OF MAY 19, 2003, APPROVED AS SUBMITTED. 4. AGREEMENT WITH PAMEL GIBSON FOR INTERIM CITY MANAGER SERVICES, IN THE AMOUNT OF $11,000 MONTHLY, TERMINATING ON NOVEMBER 15, 2003, APPROVED (600.30) 5. WARRANTS DATED JULY 10, 2003, IN THE AMOUNT OF $1,035,469.80; AND, PAYROLL WARRANTS DATED JULY 3, 2003, IN THE AMOUNT OF $250,159.30, RECEIVED AND FILED. (300.30) This item was voted on separately to allow Council Member Bathgate to abstain. Moved by Council Member Hart, seconded by Council Member Soto, and carried 4-0-1 to receive and file warrants dated July 10, 2003, in the amount of $1,035,469.80; and payroll warranted dated July 3, 2003, in the amount of $250,159.30. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS Hart, Swerdlin, Mayor pro tem Soto and Mayor Gelff Ihilrem Bathgate 3 08-05-2003 6. REPORT OF INVESTMENTS, MONTH ENDING JUNE 30, 2003, RECEIVED AND FILED; AND, CITY CLERK DIRECTED TO FORWARD THE REPORT TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION. (350.50) 7. RESOLUTION NO. 03-08-05-01 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 02-12-03-02." (320.10) 8. AGREEMENT APPROVED WITH WEBB COMMUNITY MANAGEMENT, INC., FOR ADMINISTRATION OF THE CAPISTRANO VILLAS 1, 11 AND III FOR OVERNIGHT PARKING BY PERMIT PROGRAM; AND A STICKER REPLACEMENT POLICY APPROVED FOR THE ADMINISTRATION OF THE PROGRAM (600.30) Project Description: The city contracts for services to maintain a parking program at the Capistrano Villas 1, II and III. This is the annual review for approval of the agreement. Mayor pro tem Soto expressed concern that this and other neighborhood parking programs are adding vehicular parking to other city streets. Council Member Bathgate suggested and Council Members concurred, that the Council Traffic Congestion Ad Hoc Committee review the parking overflow. Council Action: Moved by Council Member Hart, seconded by Council Member Soto and carried unanimously to approved an agreement with Webb Community Management, Inc. (Webb) for administration of the Capistrano Villas I, II and III overnight parking by permit program for a one-year period beginning September 17, 2003 through September 16, 2004 for $1,450 per month, plus certain expenses; authorize the City Manager to execute the agreement; and approve the establishment of policy for administration of the program whereby stickers for the program are replaced every second year with a renewal of existing stickers to occur in the interim year(s). 9. MULTI-YEAR AGREEMENT APPROVED WITH PICTOMETRY INTERNATIONAL CORPORATION. (600.30) This item was voted on separately to allow Mayor pro tem Soto to oppose the agreement. Council Action: Moved by Council Member Hart, seconded by Mayor Gelff and carried 4-1-0 to approve execution of a multi-year license agreement with 4 08-05-2003 Pictometry International Corporation; and the City Manager authorized to execute the agreement. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS Hart, Bathgate, Swerdlin and Mayor Gelff Mayor pro tem Soto None 10. IMPROVEMENT AND REIMBURSEMENT AGREEMENT APPROVED WITH 93- 129 LTD, FOR WATER AND SEWER FACILITIES (TENTATIVE PARCEL MAP 93-129) (600.60) PUBLIC HEARINGS: PROCESS TO FORM THE PROPOSED LOS CORRALES LANDSCAPE MAINTENANCE DISTRICT TERMINATED (345.20) Project Description:, Representatives of a majority of the property owners within the Los Corrales area indicated support for installation of landscape improvements which would require an assessment increase. In response, on June 3, 2003 the City Council initiated a Proposition 218 ballot process, which requires all properties benefiting from the improvements to be included in the assessment district. After ballots were issued, the majority of residents attending city sponsored information meetings expressed concern about the proposed district. The original purpose for this public hearing was to tabulate district ballots. Due to the new information received, staff has provided Council with other alternatives, such as abandoning the proceedings without a public hearing or terminating proceedings while considering formation of a new district. Written Communications: Report dated August 5, 2003, from Amy Amirani, Director of Public Works. Letter dated July 29, 2003, from Dan Koehler, President of the Estates at San Juan Capistrano Homeowners Association, expressed opposition to being forced into the proposed assessment district entitled Los Corrales Landscape Maintenance District. Letter dated July 31, 2003, from David G. Solt, Los Corrales Architectural Review Committee, requested votes not be counted regarding the expansion of the maintenance district. 5 08-05-2003 Presentation: Amy Amirani, Director of Public Works, reviewed the staff recommendation to terminate the proceedings. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously to terminate the process of forming the proposed Los Corrales Landscape Maintenance District. 2. RESOLUTION NO. 03-08-05-02 ADOPTED APPROVING LANDSCAPE MAINTENANCE DISTRICT ASSESSMENTS FOR TRACTS: 9284 (SEAVIEW), 8285 (MISSION SPRINGS), 7673 (MISSION WOODS), 9373/7654 (LOS CORRALES), BELFORD TERRACE AND CAPISTRANO ROYALE. (345.20) Project Description: The city provides landscape maintenance within various city districts. The cost of providing this service is established annually, based on the cost to the city. In order to include these assessments on the County tax roll, the City Council must conduct a pubic hearing and adopt a resolution confirming the assessments. Written Communications: Report dated August 5, 2003, from Amy Amirani, Director of Public Works. Presentation: Amy Amirani, Director of Public Works, reviewed the staff recommendation. Mayor Gelff opened the public hearing. Public Testimony: Dan Koehler, 32122 Calle Los Elegantes, was opposed to the formation of the proposed Los Corrales Landscape Maintenance District. Wallace Bublitz, 27572 Rosedale Drive, requested more detail on items listed in the district budgets. Mayor Gelff encouraged neighborhoods to form homeowner associations to collect fees and pay for landscape maintenance costs, which would reduce assessment by omitting the need for administration costs related to providing that service. Mayor Gelff closed the public hearing, Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Swerdlin and carried unanimously to approve the assessments of $557 per home — Tract 9284 (Seaview); $290 per home — Tract 8485 (Mission Springs); $200 per home — Tract 7673 (Mission Woods) $777 per home — Belford Terrace; and $1,110 per home — Capistrano Royale; adopt Resolution No. 03-08-05-02 08-05-2003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA„ CONFIRMING THE LEVY OF THE FISCAL YEAR 2003-2004 LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICTS ASSESSMENTS IN THE CITY OF SAN JUAN CAPISTRANO;" and the Orange County Auditor -Controller authorized to include the assessments on the property tax roll. RECESS AND RECONVENE Council recessed at 7:59 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:00 p.m. ADMINISTRATIVE ITEMS G1. ENGINEERING AND BUILDING DIRECTOR a. 1-5 ACCESS STUDY - PUBLIC REVIEW PROCESS IN COORDINATION WITH CALTRANS INITIATED; PROJECT STUDY REPORT FOR THE ORTEGA HIGHWAY INTERCHANGE PROJECT APPROVED; AND, CALTRANS REQUESTED TO INITIATE A PROJECT STUDY FOR A NEW OFF -RAMP AT STONEHILL. (590.60) �- Proiect Description: An 1-5 Access Study was prepared in response to County direction to consider improvements at city interchanges to help divert traffic from Ortega Highway and lessen the impact of improvements. The study was initiated in 2000 and revised in 2001 to analyze the possibility of improvements to other interchanges. The study was delayed to accommodate traffic data related to development of the O -Neill Ranch and again to consider impacts of the city's Strategic Transportation Plan. Written Communication: Report dated August 5, 2003, by William M. Huber, Director of Engineering and Building. Presentation: William M. Huber, Director of Engineering and Building, reviewed the staff recommendation. Council Comment: Council Members discussed the benefits and constraints of the proposed alternatives. Council Member Swerdlin expressed concern with the proposed improvements to the Stonehill interchange due to the potential of reducing drive-by traffic adjacent to auto dealerships. Council Members concurred that further study of the area may develop workable alternatives and that feedback from the Downtown Blue Ribbon panel would be beneficial. Council Action: Moved by Mayor Gelff, seconded by Council Member Hart and carried unanimously to initiate an 1-5 interchange public review process in coordination with Caltrans, including a) Public review workshop, b) 7 08-05-2003 Transportation Commission Review, c) Planning Commission review; d) City Council; and e) Downtown Blue Ribbon Panel review and recommendations; approve completion of the Project Study Report; and request of Caltrans initiation of a Project Study Report for a new off -ramp at Stonehill. G2. PLANNING DIRECTOR: a. NO ACTION TAKEN TO SCHEDULE A JOINT PLANNING/CITY COUNCIL WORK SESSION FOR THE PROPOSED TRAVELAND USA RECREATION VEHICLE RESORT (HAISOIWILLIAMS PROPERTY) (420.10) Council Member Bathgate abstained from this item and left the Council Chamber. Pro'ect Description: A request was received from GVA Beitler, project applicant, for a joint City Council/Planning Commission work session to consider a proposed Traveland USA Recreational Vehicle Resort on property know as the Haiso/Williams property. The request meets the requirements of Administrative policy 314, therefore staff recommends the Council consider the request. Written Communication: Report dated August 5, 2003, by Thomas Tomlinson, Planning Director. Presentation: Thomas Tomlinson, Planning Director, reviewed the staff recommendation. Public Comment: Dennis Hogan, 31192 Via Cristal and Doug Green, 34572 Camino Capistrano, Capistrano Beach, requested that the Council schedule a joint session with the Planning Commission to consider development of a Traveland USA Recreation Vehicle Resort and Sales facility, proposed for either the HsaiolWilliams site or the San Juan Meadows site. Council Comment: Council Members were reluctant to schedule a work session due to the tentative nature of the project, the lack of a definite project site, and because a work session would require extensive staff time and cost. Council Action: No action taken. ORDINANCES: None COUNCILMANIC ITEMS RESOLUTION NO. 03-08-05-03 ADOPTED MODIFYING THE COMPOSTION OF THE YOUTH ADVISORY BOARD; AND, ANNUAL APPOINTMENTS MADE TO THE BOARD, TERMS ENDING AUGUST 31, 2004. (110.20) 8 08-05-2003 Prosect Description: Youth Advisory Board members serve terms that end August 31 of each year. Vacancies for these positions were formally declared and publicly noticed. Applications received were reviewed by the Council subcommittee charged with this review process. The subcommittee recommends the appointment of (15) youth members and (2) adult advisors. The composition of the board would need to be modified to accommodate (15) youth members. Written Communications: Report and Supplemental Report dated August 5, 2003, by Meg Monahan, City Clerk. Memorandum dated August 5, 2003, by Mayor John Gelff and Mayor pro tem Joe Soto. Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate and carried unanimously to adopt Resolution No. 03-08-05-03 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 02-05-21-01 BY MODIFYING THE COMPOSITION OF THE CITY YOUTH ADVISORY BOARD;" and the following individuals appointed to the Youth Advisory Board, term ending August 31, 2004, serving as youth members -- Melissa Bell, Derek DeCaro, Gianna Decaro, Kirsten Erickson, Kaitlin Gardiner, Christopher Giordano, Amanda Gittelman, Justin Kubassek, Martin Lopez, Vra Lugo, Brittany Ordos, Michael Raasch, Daniel Robinson, Julia Robinson, and Nora Rodriguez; the following individuals appointed to the Youth Advisory Board, serving as adult advisors — Virgina Nonaca Chavez and Ken Friess. 2. ORAL REPORTS: Council Member Bathgate: Council Member Bathgate will serve as Chair of the South Orange County Wastewater Authority (SOCWA). Council Member Swerdlin: Council Member Swerdlin was recently re-elected to a two-year term on the Board of Directors of the California Joint Powers Insurance Authority (JPIA). Mayor Gelff: Mayor Gelff announced that the cities of Santa Ana, Irvine, Anaheim, and Garden Grove are no longer members of the Orange County Chapter of the California League of Cities. 3. COUNCIL COMMENTS: Mayor pro tem Soto noted his recent visit with Corporal Carter Caroom, in the hospital, to express the community's concern regarding the recent attack on Caroom and other Marines while visiting our city. 9 08-05-2003 ADJOURNMENT There being no further business, Mayor Gelff adjourned the meeting at 9:06 p.m. to a Regular meeting, Tuesday, August 19, 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 sub R. MONAHAN, CITY CLERK A01:froved: September 16, 2003 10 08-05-2003