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03-1021_CC_Minutes_Regular MeetingMINUTES October 21, 2003 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING 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. Mayor Gelff called the regular meeting of the City Council of the City of San Juan Capistrano, California, to order at 7:04 p.m. in the City Council Chamber. Council Member Hart led the Pledge of Allegiance 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: Pamela Gibson, Interim City Manager, Cynthia L. Russell, Interim Assistant City Manager/Administrative Services Director; John Shaw, City Attorney; Meg Monahan, City Clerk; Bill Cunningham, Interim Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services Director; Lt. J. B. Davis, Chief of Police Services; Douglas Dumhart, Principal Management Analyst; and, Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: - None ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Al King, Jr., Community Services Director, announced that the annual Flu Shot Clinic would be held at the Community Center on November 1, 2003 the City's annual Tree Lighting Ceremony would be held at the Historic Town Center Park on December 6, 2003 and invited all to access the City's website for details regarding these and other community events. 10-21-2003 INTRODUCTIONS, PRESENTATIONS, AND DONATIONS: 1. PRESENTATION TO CAPISTRANO ANIMAL RESCUE EFFORT (CARE) (610.40) Mayor Gelff presented a Certificate of Appreciation to Phil Schwartze of CARE for the services they provide to the community. 2. RECOGNITION OF SCOUTMASTER BRUCE WENDELL, TROOP 702 (610.40) Presentation postponed at the request of the recipient. 3. MAYORS AWARD — YOUTH OF THE YEAR AWARD RECIPIENT ROBERT CRABBS (610.40): Mayor Gelff acknowledged Robert Crabbs for his contributions to the community. Robert Crabbs was not present to receive his award and it will be forwarded to him. 4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10): Mayor pro tem Soto recognized the following individuals who were in attendance: Sheldon Cohen, Planning Commission; Joann de Guevara and Marie Buckner, Housing Advisory Committee; Les Blair, Council Liaison to the San Juan Seniors; and Phil Schwartze, former mayor. ORAL COMMUNICATIONS - None CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and carried unanimously, 5-0 to approve items 1, 2, 4, and 6 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLES ONLY APPROVED. 2. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 16, 2003, APPROVED AS SUBMITTED 3. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 2, 2003, IN THE AMOUNT OF $1,781,693.52; AND PAYROLL WARRANTS DATED SEPTEMBER 25, 2003, IN THE AMOUNT OF $220,264.82, RECEIVED AND FILED. (300.30) This item was voted on separately to allow Council Member Bathgate to abstain. 2 10-21-2003 Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried 4-0-1, with Council Member Bathgate abstaining, to receive and file the accounts payable warrants dated October 2, 2003, in the amount of $1,781,693.52; and payroll warrants dated September 25, 2003, in the amount of $220,264.82. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Hart, Swerdlin, Soto, and Mayor Gelff None Bathgate 4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS RECEIVED AND FILED (440.10) 5. RESOLUTION NO. 03-10-21-01 ADOPTED TERMINATING THE LICENSE AGREEMENT WITH BATHGATE RANCH AND PELTZER FARMS, DATED OCTOBER 27, 2000 FOR THE CHRISTMAS TREE FARM ON THE NORTHWEST OPEN SPACE PROPERTY; LICENSE AGREEMENT WITH PELTZER FARMS FOR THE CHRISTMAS TREE FARM ON THE NORTHWEST OPEN SPACE APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30) This item was voted on separately to allow Council Member Bathgate to abstain. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried 4-0-1, with Council Member Bathgate abstaining to adopt Resolution No. 03-10-21-01 terminating the license agreement with Bathgate Ranch and Peltzer Farms, dated October 27, 2000 for the Christmas Tree Farm on the Northwest Open Space Property; license agreement with Peltzer Farms for the Christmas Tree Farm on the Northwest Open Space approved; and the Mayor authorized to execute the agreement. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Hart, Swerdlin, Soto, and Mayor Gelff None Bathgate 10-21-2003 6. PERSONAL SERVICES AGREEMENT WITH LAWRENCE ASSOCIATES FOR INTERIM PLANNING DIRECTOR SERVICES TO BE PROVIDED BY BILL CUNNINGHAM RATIFIED. (600.30) 7. RESOLUTION NO. 03-10-21-02 ADOPTED PROVIDING FOR ENHANCED RETIREMENT BENEFIT FORMULA OF 2.7% AT AGE 55, AVERAGE THREE HIGHEST YEARS SALARY FOR ALL YEARS OF SERVICES TO THE MEMBER OF THE CLASSIFIED EMPLOYEES ASSOCIATION, THROUGH THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEMS (OCERS) (720.60): Council Member Swerdlin opposed the resolution because the agreement with the members of the Classified Employees Association did not include a provision prohibiting the Association from revisiting this issue in future negotiations and due to concern that the City would be expected to pay for the enhanced benefit at some point in the future. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and carried 4-1, with Council Member Swerdlin opposed, to adopt Resolution No. 03-10-21-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ENHANCED RETIREMENT BENEFITS FOR THE MEMBERS OF THE CLASSIFIED EMPLOYEES ASSOCIATION THROUGH THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM." ROLL CALL AYES: COUNCIL_ MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBER: PUBLIC HEARING Hart, Bathgate, Soto, and Mayor Gelff Swerdlin None EASEMENT GRANTED WITHIN MISSION BELL PARK FOR LANDSCAPE AND FENCE PURPOSES (WALKER, 33142 VIA MAYOR - LOT 107, TRACT 5667). (670.50) Project Description: Proposal to grant a 2' easement within Mission Bell Park to allow adjacent property owner Jill Walker to relocate and replace a wall damaged by the growth of a large Ash tree on her property. Staff recommends approval of the easement. Written Communications: Report dated October 21, 2003, by William M. Huber, Director of Engineering and Building. 4 10-21-2003 Presentation: William M. Huber, Director of Engineering and Building, summarized the staff recommendation. Mayor Gelff opened the public hearing. Public Testimony: Mike Hamilton, City resident and adjacent property owner, supported the easement because it will not impair the functionality of the park and noted that he has had to call the Parks Department for weed abatement of the park grounds in the past. Jill Walker, City resident, advised that the tree has been trimmed and thanked the Council for considering her request. Mayor Gelff closed the public hearing Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Soto, and carried unanimously, 5-0, to grant an easement within Mission Bell Park for installation of replacement fencing in order to preserve an adjacent tree within public property, (Lot 107, Tract 5667- Walker), add a condition that the easement revert back to the City upon the subject tree's removal or death; and -- direct the City Clerk to process recording of the easement. 2. RESOLUTION NO. 03-10-21-03 ADOPTED, APPROVING QUITCLAIM DEEDS FOR A PORTION OF A SEWER EASEMENT, A TEMPORARY CONSTRUCTION EASEMENT, AND PORTIONS OF WATER LINE EASEMENTS. (670.50) Pro'ect Description: A request from Newco Management and Ortega Properties that the City abandon unused sewer, water and temporary construction easements in exchange for new water line easements on the subject property. Staff recommends abandonment, followed by acceptance of the new water line easements. Written Communications: Report by William M. Huber, Director of Engineering and Building Presentation: William M. Huber, Director of Engineering and Building, summarized the staff report. Mayor Gelff opened the public hearing and there being no public testimony, closed the public hearing. 10-21-2003 Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 03-10-21-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ABANDONMENT OF A PORTION OF A SEWER EASEMENT, A TEMPORARY CONSTRUCTION EASEMENT, AND THOSE PORTIONS OF TWO WATER LINE EASEMENTS WITHIN ASSESSOR'S PARCELS 666-131-09 AND 666-131-15 (ORTEGA PROPERTIES, INC.INEWCO MANAGEMENT) RECESS AND RECONVENE Council recessed at 7:31 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:34 p.m. ADMINISTRATIVE ITEMS G1. ENGINEERING AND BUILDING DIRECTOR a. RESOLUTION NO. 03-10-21-04 ADOPTED ACCEPTING TWO EASEMENTS FOR WATER LINE PURPOSES WITHIN ASSESSOR'S PARCEL NUMBERS 666-131-09 AND 15: AND THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE DOCUMENTS. (670.50): Description: A request from Newco Management and Ortega Properties that the City accept new water line easements in exchange for abandoning unused sewer, water and temporary construction easements on the subject property. Staff recommends the Council accept the new water line easements. Written Communication: Report dated October 21, 2003, by William M. Huber, Director of Engineering and Building. Presentation: William M. Huber, Director of Engineering and Building, summarized the staff report. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart, and carried unanimously, 5-0, to adopt Resolution No. 03-10-21-04, entitled "A RESOLUTION OF THE CITY COUNCIL_ OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING TWO EASEMENTS FOR WATER LINE PURPOSES WITHIN ASSESSORS PARCELS 666-131-09 AND 15 (ORTEGA PROPERTIESINEWCO MANAGEMENT) (WEST TERMINUS CALLS ARROYO AND PASEO TIRADOR). 10-21-2003 G2. PLANNING DIRECTOR a. LICENSE AGREEMENT TO ALLOW CONSTRUCTION OF A PRIVATE EQUESTRIAN STABLE WITHIN A PORTION OF LOT 41, TRACT 6381, APPROVED. (600.50) Description: A request from the Eichenauers to allow construction of a private stable on a portion of their lot for which all development rights have been dedicated to the City for the purpose of protecting a General -Plan designated ridgeline. Staff is recommending the Council approve the request due to the project's compliance with criteria to insure ridgeline preservation. Written Communication: Report dated October 21, 2003, from Thomas Tomlinson, Planning Director. Presentation: Bill Cunningham, Interim Planning Director, presented the request. Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Soto, and carried unanimously, 5-0, to approve a License Agreement to allow construction of a private equestrian stable within a portion of Lot 41, Tract 6381, where development rights have been dedicated to the City. b. APPEAL OF THE PLANNING DIRECTOR'S DETERMINATION REGARDING TENTATIVE TRACT MAP 16146, BELLADONNA ESTATES, WITHDRAWN BY APPELLANT (420.40) This appeal was withdrawn by the application prior to the meeting. ORDINANCES ORDINANCE NO. 886 ADOPTED, REPEALING MUNICIPAL CODE SECTION 2-5.204, RELATED TO CITY MANAGER RESIDENCY REQUIREMENTS. (600.10) Description: A second reading and adoption of the Ordinance is necessary to repeal Municipal Code Section 2-5.204 related to City Manager residency requirements. Written Communications: Report by Meg Monahan, City Clerk, dated October 21, 2003. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN _ ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING MUNICIPAL CODE SECTION 2-5.204, `RESIDENCE', OF TITLE 2, 'ADMINISTRATION' OF THE MUNICIPAL CODE." 7 10-21-2003 Council Action: Moved by Council Member Swerdlin, seconded by Council Member Bathgate, and carried unanimously, 5-0, to adopt Ordinance No. 886, repealing municipal code section 2-5.204, related to City Manager residency requirements. COUNCILMANIC ITEMS 1. STATE FUNDING FOR THE STATE FIRE ANT PROGRAM SUPPORTED; STAFF DIRECTED TO ISSUE LETTERS OF COUNCIL SUPPORT TO THE GOVERNOR, DEPARTMENT OF FEED & AGRICULTURE SECRETARY, DEPARTMENT OF FINANCE DIRECTOR; AND COPIES SENT TO THE BOARD OF SUPERVISORS; AND THE MAYOR AUTHORIZED TO SIGN THE LETTERS. (500.10) Description: Recommendation from Council Member Swerdlin that the City send letters to the California State Governor, Secretary of the California Department of Food and Agriculture, Director of the State Department of Finance, with copies to the Orange County Board of Supervisors, in support of restoring the State funding for the State Fire Ant Program. Written Communications: Report dated October 21, 2003, by Council Member Swerdlin. Council Action: Moved by Council Member Bathgate, seconded by Council Member Hart and carried unanimously, 5-0, to support State funding for the State Fire Ant Program and direct staff to issue letter of Council support to the Governor, Department of Feed & Agriculture Secretary, Department of Finance Director; and copies to the Orange County Board of Supervisors, and the mayor directed to sign the letters. 2. ORAL REPORTS a. Council Member Swerdlin announced that the Vector of the Month is Black Flies; reported that two crows died recently of the West Nile Virus; and advised residents to inoculate horses, wear insect repellant, and remove standing water from their properties to discourage mosquitoes. b. Mayor Gelff reported that he had completed Community Emergency Response Team (CERT) training — provided by the City to train community volunteers to assist with response to emergencies. 3. COUNCIL COMMENTS Council Members wished Council Member Bathgate a Happy Birthday. 10-21-2003 Council Member Swerdlin thanked the Council for their support of the continued State funding for the Fire Ant Eradication Program. ADJOURNMENT There being no further business, Mayor Gelff adjourned the meeting at 7:49 p.m. to a regular meeting, Tuesday, November 4, 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, --nd � J'�d R ft"", ARET R. MONAHAN, CITY CLERK Approved: November 18, 2003 ATTEST: HN S. GELFF`MAYOR 9 10-21-2003 NOTICE OF ADJOURNMENT OF MEETING OF CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, Adjourned its meeting of October 21St, 2003, at 7:48 p.m. to Saturday, October 25, 2003 at 8:00 a.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. Shortly after Oral Communications, the City Council will meet in Closed Session. DATED: October 21, 2003 Lull L_ R. Monahan, City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO SS AFFIDAVIT OF POSTING I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at or near the door of the City Council chamber on October 21, 2003 within 24 hours of adjournment of the above-named meeting. I declare under penalty of perjury that the foregoing is true and correct. /C Mg et R. Monahan, City Clerk