04-0209_CC_Minutes_Regular MeetingMINUTES
February 9, 2004
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85) — None
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Soto called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:06 p.m. in the City Council Chamber. Tom Ostensen,
Chairman of the Fiesta Association led the Pledge of Allegiance to the Flag. Council
Member Swerdlin gave the Invocation.
Mayor Soto dedicated the meeting to the late Council Member John S. Gelff, who died of
natural causes at 7:00 a.m. on February 3, 2004.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, David M. Swerdlin, Mayor pro tem
Wyatt Hart, and Mayor Joe Soto (Council Member John S. Gelff, recently deceased)
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, 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; Al King, Jr., Community Services Director; Lt. J.B. Davis, Chief of Police
Services; and, Maria Guevara, Secretary.
ANNOUNCEMENT OF CLOSED SESSION - None
CITY COUNCIL COMMENTS & ORAL REPORTS
Council Member Swerdlin reported that the Transportation Corridor Agencies
planned to vote February 12, 2004 on whether or merge the Foothill/Eastern agency
with the San Joaquin agency and refinance bonds.
2. Mayor Soto reported that the City received grants from the Metropolitan Water
District in the amounts of $20,000 for a research grant and $4,000 concerning the
Montanez Adobe. Both grants were related to water conservation. Mayor Soto also
announced that he presented a plaque to recipient of the 2003 Youth of the Year
Award, Nora Rodriquez and he attended the successful CARE Car Show.
City Council Minutes 1 02-09-2004
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST:
The Chamber of Commerce will host the following events: February 12, 2004, Membership
Mixer, Chateau San Juan and February 13, 2004, "State of the City" address by Mayor
Soto, EI Adobe Restaurant.
Lincoln Day celebration will be held in town, February 14 and 15, 2004.
February is the kickoff of the Fiesta de Las Golondrinas celebration including February 18,
2004 for the Taste of San Juan and February 29, 2004 for the Kids Pet Parade, Cook Park
La Novia.
Orange County voters may vote now through February 20, 2004 at City Hall for the March
2, 2004 Primary election by checking in with the City Clerk.
INTRODUCTIONS, PRESENTATION AND DONATIONS
LONG-TERM EMPLOYEE LINDA EVANS RECOGNIZED (730.90)
Linda Evans, Community Services Manager, was recognized for her 15 years of
service to the City by Al King, Jr., Community Services Director. Mayor Soto
presented Linda Evans with a Certificate of Recognition.
2. PRESENTATION TO ARTURO AND MARIA GALINDO, OWNER OF LAS
GOLONDRINAS
Mayor Soto presented a Certificate of Recognition to Arturo and Maria Galindo, for
20 years of Business in San Juan Capistrano. James Littlejohn, Executive Director
of the Boys and Girls Club, also recognized their generous contributions to the city's
children.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart introduced the following persons in attendance: The following
individuals were present and recognized by Mayor pro tem Hart: Joann de Guevara,
Marie Buckner, Howard Langhans and Michelle Knorre, Housing Advisory
Committee; Gene Ratcliffe, Sheldon Cohen and Robert Cardoza, Planning
Commission; Jan Siegel, Cultural Heritage Commission; Larry Kramer and Tony
Soto, Transportation Commission; Michael Raasen, Youth Advisory Board; Les
Blair, Council Liaison to the Seniors; Brad Gates, Retired Orange County Sheriff;
Phil Schwartze, former Mayor; and James Littlejohn, Executive Director of the Boys
and Girls Club.
City Council Minutes 2 02-09-2004
ORAL COMMUNICATIONS. (CITY COUNCIL/COMMUNITY REDEVELOPMENT
AGENCY)
Phil Schwartze, President of CARE, thanked the Council for their support of the CARE Car
Show, which was very successful. He had begun planning the event for February 2005.
Michelle Flores, 30735 Calle Chueca, and Jane Olinger, 17 Banyan Tree Lane, Irvine,
Friends of the Putiidhem, inquired into stockpiling, notification policies and other matters
concerning the JSerra site.
James Littlejohn, Executive Director of the Boys and Girls Club, offered his condolences
concerning the death of Council Member John S. Gelff.
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Mayor Pro tem Hart and
carried unanimously, to approve items 1 through 8 as recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF January 6, 2004, APPROVED AS
SUBMITTED.
3. WARRANTS DATED JANUARY 8, 2004, IN THE AMOUNT OF $700,791.47, AND
PAYROLL WARRANTS DATED JANUARY 15, 2004, IN THE AMOUNT OF
$219,381.62, RECEIVED AND FILED. (300.30)
4. LICENSE AGREEMENT WITH GARY WILES FOR THE REHABILITATION
BETWEEN ORTEGA HIGHWAY AND CAMINO CAPISTRANO APPROVED.
(600.30)
5. RESOLUTION NO. 04-02-09-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING A GRENT DEED AND PUBLIC FACILITIES EASEMENT FROM
WILLIAM LYON HOMES, INC., A CALIFORNIA CORPORATION (HONEYMAN
RANCH)(TRACT 16221) (670.50)
6. CASH FUND BALANCES BY FUND-- NOVEMBER 30, 2003 AND DECEMBER 31,
2003, RECEIVED AND FILED (330.50)
7. RESOLUTION NO. 04-02-09-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
_ ADOPTING THE CITY OF SAN JUAN CAPISTRANO REVISED EMERGENCY
OPERATIONS PLAN DATED FEBRUARY 2004, AND RESCINDING
RESOLUTION NO. 99-4-20-4(520.30)
City Council Minutes 3 02-09-2004
8. REPORT OF INVESTMENTS, MONTH ENDING DECEMBER 31, 2003
APPROVED. (350.50)
PUBLIC HEARINGS:
TEMPORARY STREET CLOSURES FOR FIESTA DE LA GOLONDRINAS
PARADE AND MERCADO APPROVED; AND PARADE PERMIT ISSUED TO THE
SAN JUAN CAPISTRANO FIESTA ASSOCIATION (150.60)
Project Description: The San Juan Capistrano Fiesta Association submitted an
application for a parade permit for the Fiesta de Las Golondrinas parade schedule
for Saturday, March 20, 2004 at 11:00 a.m. The parade will start on Ortega
Highway at EI Camino Real and finish on Camino Capistrano at La Zanja Street,
and travel along the same streets as it has in the past. Staff recommends
approving the parade permit and necessary street closures for both the parade an
the Mercado.
Written Communications: Report dated February 9, 2004, from William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building.
Mayor Soto opened the public hearing.
Public Testimony:
Tom Ostensen, President of the Fiesta Association, requested Council's Support
and provided details concerning the upcoming Fiesta de Las Golondrinas.
Mayor Soto closed the public hearing.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor Pro Tem
Hart and carried unanimously, 4-0, approve temporary street closures forthe Fiesta
de Las Golondrinas parade and Mercado, as shown on attachments 2 and 3 of the
agenda report, on Saturday, March 20, 2004; approve issuance of a parade permit
to the San Juan Capistrano Fiesta Association, per Municipal Code Section 5-
11.05(b).
2. RESOLUTION NO. 04-02-09-03 ADOPTED APPROVING SUBMITTAL OF AN
APPLICATION TO THE 2004 COMMUNITY DEVELOPMENT BLOCK GRANT
(480.20)
The testimony from this hearing was combined with testimony provided for City
Council Administrative Item G-2, and Community Redevelopment Agency item C-1.
City Council Minutes 4 02-09-2004
Project Description, Staff recommends application to the State Department of
Housing and Community Develop Community Development Block Grant Program
(CDBG), General Allocation Fund for grant related to a potential affordable housing
project proposed at the terminus of Calle Rolando. An application for grant funds
would allow the city to get in line for funding and would not indicate approval of the
project. The maximum allocation would be a total of $500,000 per year combined,
or up to $1 million over two years.
Written Communications: Report dated February 3, 2004, from Lynnette Adolphson,
Management Analyst II; Handouts from Mercy Housing California including
Community Outreach Efforts, Community Input Received at Community Design
Meeting #2, Who lives in Affordable Housing, Calle Rolando Proposal — Basic
Facts, and Support Letters; e-mail correspondence in support from Douglas
Dickerson, Christine Losordo, Eilliot Sternberg, Ryan Weitzman; and
correspondence from Mark Neilsen addressing suggestions for affordable housing
solutions.
Presentation: Lyn nette Adolphson, Management Analyst 11, provided a summary of
the agenda report; Cynthia L. Russell, Administrative Services Director, provided an
overview of affordable housing in -lieu fees specific to a current proposal for
affordable housing; Dara Carvell, Mercy Housing discussed housing eligibility
related to the city's demographics.
Mayor Soto opened the public hearing.
Public_ Testimony: The following people provided public testimony regarding this
item:
The following city residents spoke in opposition to an affordable housing project
proposed for the terminus of Calle Rolando, citing concerns with traffic, increased
crime, access issues, potential decrease in adjacent property values, impacts on
neighborhood schools, impacts on adjacent businesses, parking impacts, density,
lack of Recreational Vehicle parking, gun fire, graffiti, overcrowding, proximity to
other housing, noise and lack of space: Wayne Tomono; Joe Kellett; Paul D'Auria;
Don Miller; Cindi Simpson -Turner; Jeff Schroeder; Linda Lockwood; Jim Plevney;
Larry Culbertson; Frank Rubia; Perry Harris; Russ Lane; Lisa Querino; Nisala
Schoeneich; Kathie Eaton McClung; Mike McClung; Edward Lee; Esther Lee; Orrie
Brown; Linda Elliott; Tony Brown; Mike Jones; Coley McClendon; Gary Smythe; and
Chris Ramsey.
The following individuals spoke in favor of more affordable housing within the city,
citing the need for affordable housing for people who work in the area, to reduce
over crowding of other affordable housing, to provide opportunities for the working
poor, to help people become self-sufficient, positive track records of Mercy Housing,
supports health of community, reduce traffic problems so people can live and work
in the same area, needs for inclusionery housing, ability to concentrate programs in
City Council Minutes 5 02-09-2004
housing management, health of economy, and to fulfill goals established by the
state: Mark A. Gordon, Public Law Center, Santa Ana; Gene Ratcliff, Housing
Advisory Committee, San Juan Capistrano; David Nahas, Housing Advisory
CommitteeSan Juan Capistrano; Allen Baldwin, O.C. Community Housing, Santa
Ana; Bob Cerince, Kennedy Commission, Anaheim; Joe Stalzer, San Juan
Capistrano; Edith Fee, San Juan Capistrano; Maya Dunne, St. Joseph Health
System Foundation, Orange; Leslie Davis, South O.C. Affordable Housing Coalition,
San Clemente; Lawrence Herman, Jamboree Housing Corporation, Long Beach;
Scott Darrel, The Kennedy Commission, Lake Forest; Pauline Leonard, San Juan
Capistrano; Marie Toland, Family Assistance Ministries San Clemente; Margaret
McClean, Saddleback Community Outreach, San Juan Capistrano; Don Ruff,
Saddleback Community Outreach, Mission Viejo; Sister Martha Ann Fitzpatrick,
Mission Hospital, Dana Point; Kat Colopy, Camino Health Center, San Juan
Capistrano; and Gerry Monahan, San Juan Capistrano.
Mayor Soto closed the public hearing.
Council Comments:
Council Members concurred with support for affordable housing within the
community and their support for Mercy Housing as a high quality affordable housing
developer. They also indicated that their support for applying for CDBG grant funds
and for acquiring the site at the terminus of Calle Rolando for land banking, did not
indicate support for an affordable housing project at that specific site. Many studies
would need to be completed to determine if the site was suitable for a proposed
affordable housing project.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor Soto and
carried unanimously, 4-0, to adopt Resolution No. 04-02-09-03 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN APPLICATION AND CONTRACT
EXECUTION FOR FUNDING FROM THE GENERAL/NATIVE AMERICAN
ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF
CALIFORNIA FOR THE PURPOSES OF THIS GRANT."
RECESS AND RECONVENE
Council recessed at 7:42 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 10:14 p.m.
City Council Minutes 6 02-09-2004
ADMINISTRATIVE ITEMS
G1. COMMUNITY SERVICES DIRECTOR
a. 2004 FIESTA DE LAS GOLONDRINAS: MEMORANDUM OF UNDERSTANDING
APPROVED WITH THE FIESTA ASSOCIATION; AND RESOLUTION NO. 04-02-
09-04 ADOPTED APPROVING A REQUEST FOR A WAIVER OF CITY FEES,
GRANTING EXCEPTION TO THE FIREARM DISCHARGE REGULATIONS; AND
THE USE OF CITY FACILITIES FOR CONDUCTING PARADE PLANNING AND
MEETINGS(600.30)
Project Description;_ The San Juan Capistrano Fiesta Association requested a
permit fee waiver for the 2004 Fiesta de Las Golondrinas Celebration and parade,
2004 July 4th celebration, use of city facilities for conducting the parade planning
and general membership meetings, and use of space within the city's RV storage.
The San Juan Capistrano Fiesta Association has also requested granting of firearm
discharge on Hoos'gow Day and for the lead group in the Swallows Day Parade.
Written Communication: Report dated February 9, 2004, from Al King, Jr.,
Community Services Director
Presentation: Al King, Jr., Community Services Director, reviewed the staff
recommendation.
Council Action: Moved by Council member Swerdlin, seconded by Council Member
Hart and carried unanimously to approve a Memorandum of Understanding
between the San Juan Capistrano Fiesta Association and the City recognizing the
Fiesta Association as lead agency in planning, coordinating and conducting all
official events associated with the 2004 Fiesta de Las Golondrinas; adopt
Resolution No. 04-02-09-04, entitled " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
REQUEST FOR A WAIVER OF CITY FEES TO THE SAN JUAN CAPSITRANO
FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2004
FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE,
JULY 4TH CELEBRATION, AND THE USE OF SPACE WITHIN THE CITY'S RV
STORAGE LOT; AND GRANTING AN EXCEPTION TO THE CITY'S FIREARM
DISCHARGE REGULATIONS FOR HOOS'GOW DAY AND SWALLOWS PARADE
DAY."
G2. CITY ATTORNEY
b. $1.8 MILLION HOUSING IN -LIEU FEES FROM SJD PARTNER'S ACCEPTED
COMBINED WITH $260,000 FROM HOUSING 1N -LIEU FEE RESERVES TO BE
DEPOSITED INTO ESCROW TO COMPLETE ACQUISITION OF PITTS
PROPERTY (PITTS)(SJD PARTNERS, LTD)(430.45, 670.50)
City Council Minutes 7 02-09-2004
The public comment received for this item was combined with public testimony
received for City Council Public Hearing Item E-2, and Community Redevelopment
Agency item C-1.
Project Description: In September 2003 SJD Partners entered into a purchase
agreement with Mr. Pitts for a parcel that could potentially be used for a future
affordable housing project. Staff recommends acceptance of funds from SJD
partners in the amount of $1.8 million to be deposited into escrow for the purchase
of Pitts property, as satisfaction of its Housing In -Lieu Fee obligation, and deposit of
$260,000 of Housing In -Lieu Fee reserve funds into escrow to complete the Pitts
property acquisition.
Written Communication: Report dated February 9, 2004, from Cynthia L. Russell,
Acting Assistant City Manager; Handouts from Mercy Housing California including
Community Outreach Efforts, Community Input Received at Community Design
Meeting #2, Who lives in Affordable Housing, Calle Rolando Proposal — Basic
Facts, and Support Letters; e-mail correspondence in support from Douglas
Dickerson, Christine Losordo, Eilliot Sternberg, Ryan Weitzman; and
correspondence from Mark Neilsen addressing suggestions for affordable housing
solutions.
Presentation: Cynthia L. Russell, Administrative Services Director; and John Shaw,
City Attorney, reviewed the staff recommendation.
Public Comment: The same individuals listed under Public Hearing item E-2 also
provided public comment on this item.
Council Comment:
Council Members concurred with support for affordable housing within the
community and their support for Mercy Housing as a high quality affordable housing
developer. They also indicated that their support for applying for CDBG grant funds
and for acquiring the site at the terminus of Calle Rolando for land banking, did not
indicate support for an affordable housing project at that specific site. Many studies
would need to be completed to determine if the site was suitable for a proposed
affordable housing project.
Council Action: Moved by Council Member Hart, seconded by Council member
Swerdlin and carried unanimously, 4-0, to accept $1.8 million from SJD Partners to
be deposited into escrow for the purchase of the Pitts Property as satisfaction of its
housing in -lieu fee obligation; $260,000 in housing in -lieu fee reserve funds to be
deposited into escrow to complete the Pitts property acquisition; and the San Juan
Capistrano Community Redevelopment Agency's acceptance of fee title for the Pitts
property approved.
City Council Minutes 8 02-09-2004
ORDINANCES: None
COUNCILMANIC ITEMS
1. REVIEW OF CITY COUNCIL APPOINTMENTS (610.60)
Project Description: City Council Members represent the City as members of
numerous regional organizations. Each year the City Council has the opportunity to
reaffirm current appointments, make new appointments, or continue specific
appointments to a future time.
Written Communication: Report dated February 9, 2004, from Meg Monahan, City
Clerk,
Council Action: Moved by Mayor pro tem Hart, seconded by Council member
Bathgate and carried unanimously, 4-0, to designate the following appointments of
City Council Members to represent the City as members of the following regional
organizations:
Blue Ribbon Panel — Downtown Master Plan
Mayor Soto
-- Council Member Bathgate
California Joint Powers Insurance Authority
Council Member Swerdlin
Council Member Bathgate, Alt.
EI Toro Reuse Planning Authority
Council Member Hart
Inter -Jurisdictional Growth Management Areas 9 & 11 (OCTA)
Council Member Bathgate
Vacant
Operational Area Council
Council Member Bathgate
Vacant
Orange County Fire Authority (OCFA)
Vacant
Mayor pro tem Hart, Alt.
Orange County League Of Cities
Mayor Soto
Vacant, Alt.
City Council Minutes 9 02-09-2004
Orange County Library Advisory Board
Vacant
Council Member Bathgate, Alt.
Orange County Transportation Authority (OCTA) Elected Officials
(Growth Management Areas 9 & 11)
Council Member Bathgate
Regional Governance Advisory Committee
Vacant
Council Member Hart
San Juan Basin Authority
Council Member Bathgate
Vacant, Alt.
South Orange County Wastewater Authority Joint Powers Authority (SOCWA)
Council Member Bathgate
Vacant, Alt.
TCA - Foothill/Eastern Transportation Corridor
Council Member Swerdlin
Council Member Bathgate, Alt.
TCA - San Joaquin Hills Transportation Corridor
Council Member Swerdlin
Council Member Bathgate, Alt.
Water Quality & Watershed Management Committee (Formerly Floodplain
Management Committee)
Council Member Bathgate
2. CEMETERY USE AT THE NORTHWEST OPEN SPACE WITHDRAWN FROM
THE AGENDA (270.10)
Mayor pro tem Hart reported that additional meetings were needed before the
cemetery subcommittee was prepared to bring this item for Council consideration.
Moved by Mayor pro tem Hart, seconded by Council Member Swerdlin and carried
unanimously, 4-0 to withdraw this item from the City Council agenda.
3. CHANGE IN TERM OF APPOINTMENT FOR MEMBERS OF CITY COMMITTEES
AND COMMISSIONS(110.10)
Description: On January 21, 2004 the City Council concurred to discuss the
possibility of increasing the term of appointment for members of the City's
City Council Minutes 10 02-09-2004
Committees and Commissions from one year to two years. Staff prepared an
analysis with various options for Council's consideration.
Written Communication: Report dated February 9, 2004, from Cynthia L. Russell,
Acting Assistant City Manager.
Letter dated February 4, 2004, from Mark Nielsen, City Resident, requesting that
two year terms begin as of February 2004 to coincide with city council elections.
Presentation: Cynthia L. Russell, Acting Assistant City Manager, reviewed the
agenda report.
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Swerdlin, and carried unanimously, 4-0, to direct staff to prepare an ordinance
addressing a change in the term of appointment for members of the city's Board,
Committees and Commissions from one year to two years, effective with the next
term.
4. CITY CLERK TO SOLICIT APPLICATIONS TO FILL THE CITY COUNCIL
VACANCY (610.50)
Description: The death of Council Member John S. Gelff, on February 3, 2004
created a vacant City Council seat. Scott Martin, Martin & Chapman, a consultant
to the City Clerk concerning elections and vacancies, advised that the City Council
had the following two options concerning the vacancy: 1) Appoint a resident to fill
the position within 30 days of the vacancy; or 2) Take no action, which would cause
the position to remain vacant until the certification of the November 2, 2004 election
results.
Written Communications: Report dated February 9, 2004, from Meg Monahan, City
Clerk
Presentation: Meg Monahan, City Clerk, reviewed the options available to the City
Council.
Council Comments:
Council Members concurred that they had not made a decision whether to fill the
vacancy, or allow the vacancy to be filled through the November 2, 2004 election
process. Since there was a very short time to act, they felt it best to solicit
applications, should they decide the fill the vacancy through the appointment
process.
Council Action: Moved by Mayor Soto, seconded by Council Member Swerdlin and
carried unanimously, 4-0, direct the City Clerk to solicit applications for the City
Council vacancy with applications due 5:00 p.m. on Friday, February 20, 2004 —
with no commitment by the Council whether the vacancy will be filled by
City Council Minutes 11 02-09-2004
appointment, or remain vacant until the results of the November 2, 2004 general -
municipal election.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 10:30 p.m. to the
Regular meeting, Tuesday, March 2, 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,
f�
M#f2(TARET R. MONAHAN, CITY CLE
ANar,6ved: March 2, 2004
ATTEST:
JOE SOTO, MA*OR
City Council Minutes 12 02-09-2004