04-0302_CC_Minutes_Regular MeetingMINUTES
March 2, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85): None
Mayor Soto called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:02 p.m. in the City Council Chamber. Fiesta Association
"Sheriff' Bart Moore led the Pledge of Allegiance and Council Member Swerdlin gave
the invocation. Fiesta Association members involved the Council Members in western
activities as a preview of the Fiesta de Las Golondrinas celebrations. Fiesta Association
President Tom Ostensen presented Mayor Soto with a gold "Mayor" badge in honor of
former Mayor John S. Gelff.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, David M. Swerdlin, Mayor pro tem
Wyatt Hart, and Mayor Joe Soto.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager, Cynthia L. Russell, Acting Assistant
City Manager/Administrative Services Director; John Shaw, City Attorney; Meg
Monahan, City Clerk; Bill Cunningham, Interim Planning Director; William H. Huber,
Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr.,
Community Services Director; Douglas Dumhart, Economic Development Manager;
William Ramsey, Principal Planner; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Bathgate reported that the South Orange County Wastewater Authority
planned to meet on March 3, 2004.
Council Member Swerdlin reported that the Transportation Corridor Authority was
considering seven possible re -financing plans for the San Joaquin Transportation
Corridor. He noted that the Vector Control Board was completing the recruitment
process for a new agency manager and the Fire Ant program was discontinued due to
lack of funding caused by the state budget crisis.
Mayor pro tem Hart reported attending an Orange County Fire Authority meeting.
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Mayor Soto reported that he threw the season opening pitch for Little League and
attended the Annual Kids Pet Parade.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King Jr., Community Services Director, announced that the Chamber of Commerce
networking mixer is scheduled for March 11, 2004, 6:00 p.m. at Sun Dried Tomato
Restaurant; the El Presidente Ball is scheduled for March 17, 2004, at the El Adobe
Restaurant; and the Downtown Farmers' Market is held every Wednesday beginning at
3:00 p.m. He invited the public to attend the Fiesta de Las Golondrinas Hoos'gow Day,
annual Swallow's Day Parade, and Family Day at the Mission San Juan Capistrano
planned for March 19, 20, and 21.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. PROCLAMATION DESIGNATING FEBRUARY 1, 2004 THROUGH APRIL 30,
2004 AS FIESTA DE LAS GOLONDRINAS (610.40):
Mayor Soto proclaimed February 1 through April 30, 2004 as the Fiesta de Las
Golondrinas and presented the proclamation to Tom Ostensen, President of the
Fiesta Association.
2. PRESENTATION OF CERTIFICATE OF RECOGNITION TO DR. MONTE
MCCANNE (610.40):
Mayor Soto and Douglas Dumhart, Economic Development Manager, presented
Dr. Monte McCanne with a Certificate of Recognition for his 43 years as a
physician in the City.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart recognized the following individuals who were present: Gene
Ratcliffe and Sheldon Cohen, Planning Commission; Joann de Guevara,
Housing Advisory Committee; Angela Duzich, Parks, Recreation, and Equestrian
Commission; Les Blair, Council Liaison to the San Juan Seniors; Ken Friess,
former Mayor; Brad Gates, retired Orange County Sheriff; and Tom Ostensen,
President of the Fiesta Association.
ORAL COMMUNICATIONS - None
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CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Swerdlin and carried unanimously, 4-0, to approve items 1, 2, and 4 through 10 as
recommended by staff.
1. MOTION TO APPROVE ORDINANCES BY TITLES ONLY APPROVED.
2. CITY COUNCIL MINUTES APPROVED
a. MINUTES OF THE SPECIAL MEETING OF FEBRUARY 3, 2004,
APPROVED AS SUBMITTED
b. MINUTES OF THE REGULAR MEETING OF FEBRUARY 3, 2004,
APPROVED AS SUBMITTED.
C. MINUTES OF THE ADJOURNED REGULAR MEETING OF FEBRUARY
9, 2004, APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 5, 2004, IN THE
AMOUNT OF $1,239,861.80; AND PAYROLL WARRANTS DATED FEBRUARY
12, 2004, IN THE AMOUNT OF $233,849.98, RECEIVED AND FILED. (300.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin, and carried 3-0-1, with Council Member Bathgate abstaining,
to receive and file accounts payable warrants dated February 5, 2004, in the
amount of $1,239,861.80; and payroll warrants dated February 12, 2004, in the
amount of $233,849.98
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
4. LICENSE AGREEMENT FOR DEL OBISPO STREET DRIVEWAY APPROACH
REHABILITATIONS BETWEEN ORTEGA HIGHWAY AND CAMINO
CAPISTRANO (MCDONALDS/POLLARD) (CIP NO. 101) APPROVED. (600.30)
5. MEMORANDUM OF UNDERSTANDING FOR THE FARMER'S MARKET (OLD
CAPISTRANO MERCHANT'S ASSOCIATION) FOR AN ADDITIONAL YEAR,
FROM MARCH 4, 2004 THROUGH MARCH 4, 2005 APPROVED. (600.30)
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6. STREET IMPROVEMENTS REIMBURSEMENT AGREEMENT WITH SPM —
SERRA PLAZA, LLC FOR PASEO ADELANTO WIDENING (CIP NO. 122), IN
THE AMOUNT OF $104,733, APPROVED. (600.30)
7. LICENSE AGREEMENT BETWEEN THE CITY AND CAPISTRANO GIRLS
SOFTBALL FOR USE OF THE CONCESSION STAND AT COOK PARK
CORDOVA FOR THE PERIOD OF MARCH 2 THROUGH AUGUST 7, 2004,
APPROVED. (600.30)
8. LICENSE AGREEMENT BETWEEN THE CITY AND SAN JUAN CAPISTRANO
LITTLE LEAGUE FOR USE OF THE CONCESSION STAND AT THE SAN
JUAN CAPISTRANO SPORTS PARK FOR THE PERIOD OF MARCH 2
THROUGH AUGUST 14, 2004, APPROVED. (600.30)
9. REPORT OF INVESTMENTS — MONTH ENDING JANUARY 31, 2004,
RECEIVED AND FILED. (350.30)
10. CASH BALANCES BY FUND — JANUARY 31, 2004, RECEIVED AND FILED.
(330.50)
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recesses at 7:20 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:21 p.m.
ADMINISTRATIVE ITEMS
G1. PLANNING DIRECTOR
a. RESOLUTION NO. 04-03-02-01 ADOPTED CERTIFYING A NEGATIVE
DECLARATION AND APPROVING PRELIMINARY DESIGN PLANS FOR
CONSTRUCTION OF TERMINAL RESERVOIRS (CIP NO. 791, 760 ZONE SC -
04 TERMINAL RESERVOIR) (1050.70)
Council Member Bathgate recused herself from considering this item due to a
working relationship with a firm associated with the project.
Project Description: The Public Works Department, as part of implementation of
the City's Domestic Water Master Plan (DWMP) has prepared preliminary design
plans for the proposed 760S zone reservoirs, which involves the construction of
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an initial 4.0 million gallon (MG) reservoir and a future 4.0 MG reservoir. Staff
recommends Council adopt the resolution approving the preliminary design
plans.
Written Communications: Report dated March 2, 2004, by Bill Cunningham,
Interim Planning Director.
Presentation: William Ramsey, Principal Planner, summarized the staff
recommendation.
Public Comment:
Dolf Keller, City resident, opposed construction of the water tank due to concerns
related to view impacts, access road materials, and construction traffic impacts
through Meredith Canyon.
Amy Amirani, Public Works Director, reviewed construction schedule impacts
and cost considerations related to use of materials and maintenance.
William Ramsey, Principal Planner, reported that a portion of the access road will
be constructed with asphalt because it exceeds 15% gradient and a small portion
of the reservoir will be visible for neighboring areas.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin and carried 3-0-1, with Council Member Bathgate abstaining,
to adopt Resolution No. 04-03-02-01, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING A MITIGATED NEGATIVE DECLARATION AND APPROVING
PRELIMINARY DESIGN PLANS FOR THE CONSTRUCTION OF AN INITIAL
FOUR MILLION GALLON AND A FUTURE FOUR MILLION GALLON
TERMINAL RESERVOIR. (760 ZONE SC -4 SOUTH TERMINAL
RESERVOIRS/SOUTH OPEN SPACE)."
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
b. RESOLUTION NO. 04-03-02-02 ADOPTED INITIATING AN AMENDMENT TO
THE GENERAL PLAN, LAND USE ELEMENT, FOR AN APPROXIMATELY 10.9
ACRE PARCEL AND STAFF DIRECTED TO NEGOTIATE A POTENTIAL LAND
LEASE (GPA 03-02, SAN JUAN HILLS GOLF COURSE)(440.25)
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Proiect Description: Capistrano Valley Golf LP has requested that the Council
initiate an amendment to the General Plan Land Use Element to amend the
designation of a parcel located along the north side of San Juan Creek Road
from Open Space Recreational to a designation which would accommodate a
senior housing/assisted care/public institutional medical use. The project also
includes reconfiguring the existing golf course, relocating the clubhouse facility,
and leasing unimproved public land. Staff recommends Council adopt the
resolution initiating the amendment and directing staff to negotiate a potential
land lease of existing open space parcel.
Written Communications: Report dated March 2, 2004, by Bill Cunningham,
Interim Planning Director.
Presentation: William Ramsey, Principal Planner, summarized the staff
report.
Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart and
carried unanimously, 4-0, to adopt Resolution No. 04-03-02-02, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO THE
GENERAL PLAN LAN USE ELEMENT FOR A 10.9 ACRE PARCEL NORTH OF
SAN JUAN CREEK ROAD AND EAST OF CHATEAU SAN JUAN AND
INITIATING THE NEGOTIATION OF A POTENTIAL LAND LEASE FOR AN
APPROXIMATELY 2.5 ACRE PORTION OFF AN EXISTING 3.5 ACRE OPEN
SPACE PARCEL (GPA 03-02, SAN JUAN HILLS GOLF COURSE)(440-25)."
G2. CITY MANAGER
a. ORDINANCE RELATED TO TERMS OF OFFICE FOR COMMISSIONERS AND
COMMITTEE MEMBERS. (110.10)
Description: The City Council directed staff to prepare a proposed Ordinance
revision changing the terms of appointment for members of the City's
Commission and Committees, with the exception of the Youth Advisory Board, to
two year terms. This year the terms will begin on April 1, 2004, and end on
January 31, 2006. Each term thereafter will start on February 1 and end January
31, two years later. Staff recommends approval of the Ordinance.
Written Communication: Report dated March 2, 2004, by Cindy Russell, Acting
Assistant City Manager.
Presentation: Cindy Russell, Acting Assistant City Manager, reviewed the
staff recommendation.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
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AMENDING TITLE 2 (ADMINISTRATION), CHAPTER 2 (COMMISSIONS AND
BOARDS), ARTICLE 1 (MEMBERSHIP), SECTION 102 (TERMS OF OFFICE)
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE - TERMS OF OFFICE. "
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Swerdlin and carried unanimously, 4-0, to approve first reading and
introduction of the ordinance related to terms of office for commissioners and
committee members.
ORDINANCES - None
COUNCILMANIC ITEMS
1. SAM ALLEVATO APPOINTED TO THE VACANT POSITION OF COUNCIL
MEMBER, TERM ENDING NOVEMBER 2, 2004. (610.50)
Description: At their Adjourned Regular Meeting of February 9, 2004, Council
directed the City Clerk to solicit applications to fill the vacancy created by the
untimely death of Council Member Gelff. Applications were submitted by Sam
Allevato, Anthony Lee Bland, John Samuel Campbell, Sheldon Cohen, Angela
Maria Duzich, and Theodore Hynes Hannegan. Under Government Code Section
36512(b) Council has the option of appointing a resident within 30 days of the
vacancy to serve the remainder of term or taking no action and allowing the
position to remain vacant.
Written Communications: Report dated March 2, 2004, by Meg Monahan, City
Clerk.
Letters recommending the Council appoint Sam Allevato to the vacancy from City
residents and/or business owners: Joseph S. Tavarez, Sr., Sally Young, Garfield
L. Logan, Tom Ostensen, Dr. Rudolf L. Brutoco, Don Garrison, Bart Moore, Ted
Stroscher, James S. Mocalis, Sam Perricone, Jr., Dick Paulsen, Dana Butler, Dr.
Joe Cortese, Joe C. Meehan, Victor H. Cooper, Robert W. Rohe, Rich Paddock,
DeeAnn Perlas, Charles Brobeck, Tony and Nancy Gregory, Mike Imlay, Jim
Allen, T. J. Meadows, Louis Brutocao, John V. Markel, Red Rawlings, Val Dodd,
William G. Malcolm, Ed Lohrbach, Joel Vath, Martin R. Scalzo, Tonya Picerne,
Ann T. Forster, Sam C. Allevato, Brad and Deedee Gates, and Roberto and
Margaret Brutocao.
Presentation: Meg Monahan, City Clerk, summarized the staff report.
Council Members concurred the applicants were of high caliber with proven
dedication and commitment to the community. They agreed that a fifth person on
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Council was helpful and made for a better decision-making process. They
thanked all the applicants for applying for the vacancy.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Swerdlin and carried unanimously, 4-0, to appoint Sam Allevato to fill
the vacancy until certification of the November 2, 2004, election results.
Meg Monahan, City Clerk, administered the Oath of Office to Sam Allevato.
Council Member Allevato thanked the Council for their votes of confidence and
the residents who wrote in support of his endeavor. He introduced his family
members and pledged to do his best to be fair and compassionate and dutifully
consider options and alternatives as they are presented.
Council Members and staff welcomed Council Member Allevato.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:17 p.m. to
Tuesday, March 16, 2004, at 5:00 p.m. for Closed Session, and 7:00 p.m., for the Public
Business Session, in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CITY CLERK
6p'proved: April 6, 2004
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