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03-0819_CC_Minutes_Regular MeetingMINUTES August 19, 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 54956.9(b)(1), the City Council conferred with its legal counsel regarding one matter. 2. Pursuant to Government Code Section 544956.9, the City Council conferred with its legal counsel regarding the status of NASSEPA v. City of San Juan Capistrano, et al. Case #03CCO276. 3. 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. 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 7:03 p.m. in the City Council Chamber. Council Member Wyatt Hart led the Pledge of Allegiance to the Flag and Council Member David L. 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: Pamela 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; Karen Crocker, Community Services Manager; Sgt. Gil Garcia, Police Services; and, Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None a8-19-2003 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST: Karen Crocker, Community Services Manager, announced that a San Juan Summer Nights concert was planned for Wednesday, August 20, 2003. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS PAT BATHGATE RECOGIZED FOR HER CONTRIBUTIONS TO COMMUNITY YOUTH AND FAMILIES (610.40) Mayor Gelff and Trish Kelly, Mission Viejo City Council Member, recognized Pat Bathgate for her many contributions to the youth and families of San Juan Capistrano and the Capistrano Valley Unified School District. 2. MEDIX AMBULANCE SERVICE AND FLUIDMASTER RECOGNIZED AS MAJOR SPONSORS OF THE 2003 4T" OF JULY CELEBRATION (610.40) Mayor Gelff and Karen Crocker, Community Services Manager, recognized Medix Ambulance Service and Fluidmaster, major sponsors of the City's 2003 4th of July Celebration. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Soto recognized the following individuals who were in attendance: Ilse Byrnes, Parks, Recreation, and Equestrian Commissioner; Les Blair, Council Liaison to the San Juan Seniors; Morton Smith, Chair of the Transportation Commission; Trish Kelly, Mission Viejo Council Member; Brad Gates, retired Orange County Sheriff; and former San Juan Capistrano Mayors Ken Friess, Phil Schwartze, and Roy Byrnes. ORAL COMMUNICATIONS Joy Rossello, Director of the D. P. Aquatics Club, discussed the loss of access to publicly owned swimming facilities, due to the State budget crisis, preventing resident children from learning water safety skills. CONSENT CALENDAR Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to approve items 1, 2, 4, & 5 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES FROM THE REGULAR MEETING OF JULY 15, 2003, APPROVED AS SUBMITTED. 2 08-19-2003 3. WARRANTS DATED JULY 24, 2003, IN THE AMOUNT OF $1,324,383.98 AND PAYROLL WARRANTS DATED JULY 17, 2003, IN THE AMOUNT OF $229,943.33, RECEIVED AND FILED (300.30) This item was voted on separately to allow Council Member Bathgate to abstain. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried 4-0-1, with Council Member Bathgate abstaining, to receive and file the accounts payable warrants dated July 24, 2003, in the amount of $1,324,383.98 and payroll warrants dated July 17, 2003, in the amount of $229,943.33. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin, Soto, and Mayor Gelff NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBER: Bathgate 4. STATUS OF NEW DEVELOPMENT APPLICATIONS RECEIVED AND FILED 440.10) 5. RESOLUTION NO. 03-08-19-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE MISSION SAN JUAN CAPISTRANO CERAMICS CENTER SEWER CONNECTION (J & C UNDERGROUND, INC.);" THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE PROJECT NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $3,840.00, 35 DAYS AFTER RECORDATION (600.30) PUBLIC HEARINGS: - None RECESS AND RECONVENE Council recessed at 7:20 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:23 p.m. 3 08-19-2003 ADMINISTRATIVE ITEMS G1 CITY MANAGER a. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE FOR THE CAPISTRANO ANIMAL RESCUE EFFORT APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) Proiect Description: The Memorandum of Understanding (MOU) establishes terms and conditions for the surrender and transfer of animals from the Orange County Animal Cares Services (OCACS) to the Capistrano Animal Rescue Effort (CARE) for the purpose of providing unwanted animals a second chance at adoption. Staff recommends the Council approve the MOU between the City of San Juan Capistrano and the County of Orange for the Capistrano Animal Rescue Effort; and authorize the Mayor to execute the agreement. Written Communications: Report dated August 19, 2003 by Douglas Dumhart, Principal Management Analyst; Supplementary Information dated August 19, 2003, from Meg Monahan, City Clerk Presentation: Douglas Dumhart, Principal Management Analyst, reviewed the staff recommendation. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin, and carried unanimously, 5-0, to approve the Memorandum of Understanding between the City and the County of Orange for the Capistrano Animal Rescue Effort. b. DOWNTOWN VILLAGE "VISION" PROCESS, BLUE RIBBON PANEL RECOMMENDATION ADOPTED; STAFF TO CONDUCT RFP PROCESS FOR DEVELOPMENT OF SPECIFIC PLAN (400.20) Project Description: The Blue Ribbon Panel, comprised of San Juan Capistrano residents, business owners, business leaders, and Council Members Soto and Bathgate, met four times to develop a vision for the Downtown. The Panel developed a series of Principles, Strategies, and Action Recommendations to guide future decision-making and planning efforts in the downtown area. These recommendations include developing a certain environment for the downtown; preparation and adoption of a financially viable historic revitalization -oriented specific plan; preparation and adoption of environmental documents necessary for Pian implementation; and adoption of an urgency ordinance to help reduce risk to private investors by ensuring projects considered during development of a Specific Plan are consistent with the Principles and Strategies. Staff recommends the Council receive and adopt the Blue Ribbon Panel's proposed Principles, Strategies, and Action Recommendations, and direct staff to carry out 4 08-19-2003 the Request for Proposal (RFP) process to obtain a planning consultant to develop a Specific Plan, and return to City Council with a budget and estimated time frame for the specific planning and environmental review process. Written Communications: Report dated August 19, 2003 by Mechelle Lawrence, Economic Development Manager. Presentation: Mechelle Lawrence, Economic Development Manager, summarized the staff report. Council Comments: Council Member Swerdlin expressed concerns that intensifying the downtown may change the City's small town feel and that any changes should be driven by market forces. He was also hesitant to spend significant funds during the existing State budget crisis. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried 4-1-0, with Council Member Swerdlin opposing, to receive and adopt the Blue Ribbon Panel's proposed Principles, Strategies, and Action Recommendations; and direct staff to carry out the Request for Proposal (RFP) process to obtain a planning consultant to develop a Specific Plan, returning to City Council with a budget and estimated time frame for the specific planning and environmental review process. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, and Mayor Gelff NOES: COUNCIL MEMBERS: Swerdlin ABSTAIN: COUNCIL MEMBERS: None C. THIRD AMENDMENT TO THE INTEGRATED SOLID WASTE COLLECTION AGREEMENT WITH CR&R, INC. APPROVED (600.30) Project Description: CR& R requested an extension of its existing term limit for an additional 7 Y2 years to July 1, 2014, for the purpose of purchasing replacement refuse collection vehicles in order to comply with new regulations enacted by the South Coast Air Quality Management District. The time extension would result in no increase to San Juan Capistrano ratepayers and includes expanded commercial recycling options to encourage commercial recycling programs. Staff recommends the Council approve the Third Amendment to the Integrated Solid Waste Collection Agreement and authorize the Mayor to execute the Amendment. 08-19-2003 Written Communication: Report dated August 19, 2003, by Douglas Dumhart, Principal Management Analyst; Supplementary Information dated August 18, 2003, from Meg Monahan, City Clerk Presentation: Douglas Dumhart, Principal Management Analyst, reviewed the staff recommendation Council Action: Moved by Council Member Swerdlin, seconded by Council Member Bathgate, and carried unanimously, 5-0, to approve the Third Amendment to the Integrated Solid Waste Collection Agreement; and authorize the Mayor to execute the Amendment G2. ENGINEERING AND BUILDING DIRECTOR a. DRIVEWAY CONSOLIDATION, ALONG ORTEGA HIGHWAY ASSOCIATED WITH ARCHITECTURAL CONTROL 02-01/CONDITIONAL USE PERMIT 02-09, AT 27341 ORTEGA HIGHWAY CONTINUED (THE ORTEGA ANIMAL HOSPITAL) (460.70/410.601820.60) Project Description: In conjunction with the development of the Ortega Animal Hospital and Reising/San Juan Law Center, staff has studied a potential driveway access consolidation that could also include providing access to the existing Ortega Car Wash Plaza. The current estimated cost of constructing the consolidated driveway is $150,000 and the City could participate in funding these costs with up to $100,000.00 from the Trash Importation Fee Fund. Staff recommends the Council consider the three options identified in the staff report and provide direction to staff. Written Communication: Report dated August 19, 2003, from William M. Huber, Director of Engineering and Building. Presentation: William M. Huber, Director of Engineering and Building, summarized the staff report. Public Comment: Geoff Hirson, owner of Rancho Ortega Plaza, Newport Beach resident, felt a driveway consolidation could be of benefit but was concerned about tenant inconvenience and the cost of construction. He offered to contribute up to $10,000 with stipulations regarding time constraints and phasing of construction to accommodate his tenants. Ken Friess, contractor associated with the Rancho Ortega Plaza, felt the driveway consolidation, across from the entry to the Ortega Business Center and in conjunction with a signal, would solve circulation problems. 6 08-19-2003 _ Dr. James Rich, Ortega Animal Hospital developer, Newport Beach resident, discussed issues related to the driveway consolidation and offered future project easements. Council Comment: Mayor pro tem Soto opposed using public funds on improvements to private property. Pam Gibson, Interim City Manager, suggested the Council continue the item to allow staff to develop alternatives. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart, and carried 4-1-0, with Mayor pro tem Soto opposing, to continue the item to a future meeting. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, and Mayor Gelff NOES: COUNCIL MEMBERS: Mayor pro tem Soto ABSTAIN: COUNCIL MEMBERS: None G3. ADMINISTRATIVE SERVICES DIRECTOR a. REVIEW OF REINSTATEMENT OF CERTAIN GENERAL FUND EXPENDITURES — FISCAL YEAR 2003-2004 BUDGET CONTINUED (330.20) Pro'ect Descriptio : Reductions in revenue sources, caused by State Budget crises, were less than anticipated, resulting in increased revenues in the General Fund. The City's State Budge Reduction Contingency Plan provides for reinstatement of costs reduced in the Contingency Plan upon adoption of the State Budget. Staff recommends that the City's General Fund revenue estimates be amended to reflect the revised projections, increasing the projected General Fund reserves by $567,688 and $149,400 be appropriated from General Fund reserves to fund those costs eliminated in the FY 2003-04 adopted budget. Written Communication: Report dated August 19, 2003, from Cynthia L. Russell, Interim Assistant City Manager Presentation: Cynthia L. Russell, Interim Assistant City Manager summarized the staff report. Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate, and carried unanimously, 5-0, To adopt the revised General Fund 08-19-2003 revenue projections as presented; and direct Staff to return to the Council with a plan for reserving funds for potential future budget reductions. COUNCILMANIC ITEMS 1. Oral Reports — None 2. Council Comments Council Member Hart ascertained that storage of vehicles at the southwest corner of the Ortega Center was a permitted, temporary use. ADJOURNMENT There being no further business, Mayor Gelff adjourned the meeting at 8:50 p.m. to a regular meeting, Tuesday, September 2, 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, MARG`)�RET R. MONAHAN, CITY ATTE JOHN §. qgFIL, MAYOR 8 08-19-2003