04-0817_CC_Minutes_Regular MeetingMINUTES
AUGUST 17, 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 7:00 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Council Member Swerdlin gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, David M. Swerdlin,
Mayor pro tem Wyatt Hart, and Mayor Joe Soto.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City
Manager; Cynthia L. Russell, Administrative Services Director; John Shaw, City
Attorney; Molly Bogh, Planning Director; Ray Holland, Interim Building and Engineering
Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services
Director; Lt, J. B. Davis, Chief of Police Services; Douglas Dumhart, Economic
Development Manager; Erin L. Gettis, Historic Preservation Manager; Mitzi Ortiz,
Deputy City Clerk; Maria Guevara, Administrative Secretary; and Eileen White,
Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato thanked the Public Works staff on behalf of trail users for the
construction of a fence that increases safety along the Barking Dog Trail.
Council Member Swerdlin announced that there are five confirmed cases of the West
Nile Virus in Orange County and asked staff to provide outreach to residents and the
equestrian community. The Orange County Vector Control - Vector of the Month is the
Oriental Cockroach.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, announced the upcoming community events:
San Juan Summer Nites Concert and Business Expo; 2" d Annual Barn Dance at
Sycamore Trails; Boys and Girls Club Bolo Tie and Boots Ball; Shea Center Annual
Country BBQ; and the C.A.R.E, golf tournament. He advised the public to access the
City's website for links to local community organizations for information regarding their
activities and events.
8-17-04
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
CERTIFICATE OF ACHIEVEMENT PRESENTED TO MARY TRYON (610.40)
Council Member Swerdlin recognized Mary Tryon for her many contributions to
the community and presented her with a Certificate of Achievement.
2. CERTIFICATE OF ACHIEVEMENT PRESENTED TO KATHERINE HOLMAN
OF THE ORTEGA EQUESTRIAN CENTER (610.40)
Mayor pro tem Hart and Council Member Allevato recognized Katherine Holman
of the Ortega Equestrian Center for her commitment to providing outstanding
instruction to the community and presented her with a Certificate of Achievement.
3, INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart recognized the following individuals in attendance: Joe Drey,
Sheldon Cohen and Bob Cardoza, Planning Commission; Jan Siegel and Don
Tryon, Cultural Heritage Commission; Marie Buckner, Joanne de Guevara and
Joanne Marquez, Housing Advisory Committee; Tom Ostensen, President of the
Fiesta Association and Vice President of the San Juan Capistrano Historical
Society; Mike Darnold, Capistrano Unified School District President and his wife
Nancy; and Carol Soto, Mayor Soto's wife.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Allevato and carried unanimously, 5-0, to approve items 1, 2, 4 through 7, 9 & 10 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE JULY 20, 2004, REGULAR MEETING OF THE CITY
COUNCIL APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 5, 2004, IN THE
AMOUNT OF $1,248,214.31; AND PAYROLL WARRANTS DATED JULY 29,
2004, IN THE AMOUNT OF $242,061.25, 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 Allevato and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file Accounts payable warrants dated August 5, 2004, in the amount
2 8-17-04
of $1,248,214.31; and payroll warrants dated July 29, 2004, in the amount of
$242,061.25.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Allevato, Mayor Soto
None
Bathgate
4. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE SAN JUAN CAPISTRANO MANAGEMENT AND
PROFESSIONAL EMPLOYEES ASSOCIATION APPROVED; NECESSARY
MODIFICATIONS TO THE CITY'S PERSONNEL RULES AND REGULATIONS
AUTHORIZED. (730.30)
5. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES
ASSOCIATION APPROVED; NECESSARY MODIFICATIONS TO THE CITY'S
PERSONNEL RULES AND REGULATIONS AUTHORIZED. (730.30)
6. RESOLUTION NO. 04-08-17-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S CLASSIFICATION AND
COMPENSATION PLAN," ADOPTED TO IMPLEMENT SALARY INCREASES
FOR THE SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES
ASSOCIATION, THE SAN JUAN CAPISTRANO MANAGEMENT AND
PROFESSIONAL EMPLOYEES ASSOCIATION, AND EXECUTIVE
EMPLOYEES. (700.20)
7. RESOLUTION NO. 04-08-17-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING DESIGNATED FLEET INVENTORY AS SURPLUS," ADOPTED
(380.50)
8. RESOLUTION NO. 04-08-17-03 ADOPTED APPROVING THE REVISED JOINT
COMMUNITY FACILITIES AGREEMENT. (CFD 2004-1) RELATING TO THE
RANCHO MADRINA (FORMERLY KNOWN AS HONEYMAN RANCH)
PLANNED DEVELOPMENT (600.50)
This item was voted on separately to allow Mayor Soto and Council Member
Bathgate to abstain.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Allevato and carried 3-0-2, with Mayor Soto and Council Member
3 8-17-04
Bathgate abstaining, to adopt Resolution No. 04-08-17-03 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A JOINT COMMUNITY FACILITIES
AGREEMENT AMONG THE CITY OF SAN JUAN CAPISTRANO, THE
CAPISTRANO UNIFIED SCHOOL DISTRICT AND WILLIAM LYON HOMES,
INC. RELATING TO THE RANCHO MADRINA PLANNED DEVELOPMENT."
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate, Mayor Soto
9. REVISED LICENSE AGREEMENT WITH CAMP COOKIE FOR CHILDREN,
INC. FOR USE OF CITY PROPERTY APPROVED. (600.30)
10. EXCLUSIVE OPERATING AREA AGREEMENT FOR AMBULANCE SERVICES
WITH MEDIX AMBULANCE SERVICE, INC. APPROVED; AND THE MAYOR
AUTHORIZED TO EXECUTE SAID AGREEMENT. (600.30)
PUBLIC HEARINGS
RESOLUTION NO. 04-08-17-04 ADOPTED APPROVING THE LOS RIOS
SPECIFIC PLAN AMENDMENT, ALLOWING RELOCATION OF A HISTORICAL
RESIDENCE. (400.40)
Description: The San Juan Capistrano Historical Society (the Society)
submitted a request for a Specific Plan Amendment to the Los Rios Specific Plan
in order to relocate the Arley Leck House (Leck House) from Ganado Street to
31831 Los Rios Street. The proposed relocation site, owned by the Society and
located at the southwest intersection of River Street and Los Rios Street, is
located within the Historic Residential Zone and Los Rios National Register
District (the District). The Historic Residential Zone currently prohibits the
relocation of structures from outside the District. The Society proposes to use the
Arley Leck House for historic public museum purposes only, and will submit Site
Plan Review and Conditional Use Permit applications upon approval of the
Specific Plan Amendment. Staff recommended Council hear public testimony
and adopt a Resolution approving the negative declaration and the Los Rios
Specific Plan Amendment related to the "Historical Residential" District
Regulations, allowing relocation of a historic residence for public museum use
only subject to the conditions in the Resolution.
4 8-17-04
Written Communications: Report dated August 17, 2004, by Molly Bogh,
Planning Director.
Letter dated August 16, 2004, from Michael P. Palmer, Los Rios Resident,
opposing plans to relocate the Leck House due to inappropriate use of the
historic structure; letter dated August 7, 2004 from Ilse M. Byrnes, City resident,
opposing the proposal due to negative impacts to the cultural landscape of the
Los Rios District.
Presentation: Erin L. Gettis, Historic Preservation Manager, reviewed the staff
recommendation.
Public Testimony:
Don Tryon, director and archivist of the San Juan Capistrano Historical Society,
stated that the Society intends to restore the house and use it to display historical
artifacts without destroying the historical quality of Los Rios.
Tom Grabie, Lyon Homes, exhibited renderings of the plans, described the
proposed project, and was available for questions.
Kathleen Sandhaus, City resident, felt the relocation would compromise the
integrity of the district and adversely impact residents.
Bill Hardy, City resident, felt the relocation would not greatly impact the integrity
of Los Rios, since it has been impacted for many years by decrepit structures,
improper relocations, and new construction.
Tom Ostensen, City resident, representing the applicants, thanked City staff for
working with the residents of Los Rios to improve the proposal and asked council
to approve the staff recommendation.
Council Comment:
Council Member Bathgate opposed the project because the Leck House is not
architecturally compatible with the homes currently located within the Los Rios
Historic District and other available sites may be more compatible.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin and carried 4-1, with Council Member Bathgate against, to
adopt Resolution No. 4-08-17-04, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A NEGATIVE DECLARATION AND AMENDING THE LOS RIOS
SPECIFIC PLAN (SP78-01) (RZ 04-02) TO ALLOW RELOCATION OF A
HISTORIC RESIDENCE FOR PUBLIC MUSEUM USE ONLY."
8-17-04
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Allevato, Mayor Soto
Bathgate
None
2. 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING AND
TECHNICAL ASSISTANCE GRANT FOR A MULTI -FAMILY HOUSING NEW
CONSTRUCTION PROJECT FEASIBILITY STUDY (PUBLIC HEARING
CANCELED) (430.25)
Mayor Soto announced that this Public Hearing item was officially canceled.
RECESS AND RECONVENE
Council recessed at 7:55 p.m. to convene to the
Redevelopment Agency meeting and the San
Authority Meeting. Council reconvened at 7:56 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
San Juan Capistrano Community
Juan Capistrano Public Financing
a. RESOLUTION NO. 04-08-17-05 ADOPTED APPOINTING JOE SOTO AND
SAM ALLEVATO AS MEMBERS OF THE CITY COUNCIL AND CANCELING
THE NOVEMBER 2, 2004 GENERAL MUNICIPAL ELECTION. (630.20)
Description: At the close of the nomination period, incumbents Joe Soto and
Sam Allevato were the only two residents officially nominated to run for the office
of member of City Council. Pursuant to California Elections Code § 10229, a
"Certification That There Are Not More Candidates Than Offices To Be Elected"
was forwarded to Council Members, posted, and published in accordance with
the Elections Code. Under these circumstances, the City Council has the
opportunity to appoint the persons who were nominated and cancel the election,
or direct that the election be held. Staff recommended Council adopt the
Resolution appointing Joe Soto and Sam Allevato as members of the City
Council and canceling the General Municipal Election scheduled for November 2,
2004; Direct the City Clerk to present Certificates of Appointment In Lieu of
Election to Joe Soto and Sam Allevato; and Direct the City Clerk to swear the two
incumbents into office, with terms officially beginning December 7, 2004.
Written Communications: Report dated August 17, 2004, by Meg Monahan, City
Clerk.
Presentation: Mitzi Ortiz, Deputy City Clerk, reviewed the staff recommendation.
6 8-17-04
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
pro tem Hart, and carried Unanimously, 5-0, to adopt Resolution No. 04-08-'1-
05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO
THE OFFICE OF MEMBER OF THE CITY COUNCIL THAT WERE TO BE
ELECTED ON NOVEMBER 2, 2004, AND CANCELING THE ELECTION. "
Mitzi Ortiz, Deputy City Clerk, administered the oath of office and presented
Mayor Soto and Council Member Allevato with Certificates of Appointment In
Lieu of Election.
H2. ADMINISTRATIVE SERVICES DIRECTOR
a. RESOLUTION NO. 04-08.17-06 ADOPTED APPROVING EXECUTION AND
DELIVERY OF REVENUE CERTIFICATES OF PARTICIPATION BY THE SAN
JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY. (340.50)
Description: In conjunction with authorizing the issuance of the San Juan
Capistrano Public Financing Authority Revenue Certificates of Participation,
Series 2004 ("COPS"), the City Council needs to take certain actions regarding
the bidding and sale of these COPS as well. Approval of the Resolution causes a
notice inviting sealed bids to be published in The Bond. Buyer and the Capistrano
Valley News; and approves the Official Statement and other related documents.
Staff recommended Council adopt the Resolution approving certain documents
and authorizing certain acts in connection with execution and delivery of an
amount, not to exceed $23,000,000 of Revenue Certificates of Participation by
the San Juan Capistrano Public Financing Authority.
Written Communications: Report dated August 17, 2004, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate and carried unanimously, 5-0, to adopt Resolution No. 04-08-
17-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CERTAIN
DOCUMENTS AND AUTHORIZING CERTAIN ACTS IN CONNECTION WITH
THE EXECUTION AND DELIVERY OF NOT TO EXCEED $23,000,000,
REVENUE CERTIFICATES OF PARTICIPATION BY THE SAN JUAN
CAPISTRANO PUBLIC FINANCING AUTHORITY."
7 8-17-04
H3. PUBLIC WORKS DIRECTOR
a. STAFF DIRECTED TO NEGOTIATE A JOINT FUNDING AGREEMENT WITH
THE CAPISTRANO UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION
OF A SYNTHETIC TURF SPORTS FIELD AT MARCO FORSTER FIELD 3.
(600.50)
Mayor Soto and Council Member Bathgate recused themselves from considering
this item due to business relationships with the school district.
Description: City Council at their meeting on June 15, 2004, requested staff
investigate the installation of synthetic turf at Stone Field and Marco Forster Field
3. Capistrano Unified School District (CUSD) representatives have expressed a
desire to join with the City to improve Marco Forster Field 3 by installing artificial
turf. Staff is exploring funding options to finance synthetic turf installation at
Stone Field. Staff recommended that Council direct staff to negotiate an
agreement with CUSD for improvements to and use of Marco Forster Field 3.
Written Communications: Report dated August 17, 2004, by Amy Amirani,
Public Works Director.
Presentation: Amy Amirani, Public Works Director, summarized the staff report.
Public Comment:
Angela Duzich, City resident, thanked Council for considering synthetic turf for
Marco Forster Field 3 as the field needs refurbishing. She noted that Stone Field
is used excessively and asked staff to limit field use by non-resident groups and
verify the non-profit status of adult soccer leagues.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato and carried 3-0-2, with Mayor Soto and Council Member
Bathgate abstaining, to direct staff to negotiate a joint funding agreement with the
Capistrano Unified School District for the installation of a synthetic turf sports
field at Marco Forster Field 3.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL_ MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ORDINANCES - None
Hart, Swerdlin, Allevato,
10115112
Bathgate, Mayor Soto
g 8-17-04
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:19 p.m. to
Tuesday, August 31, 2004, at 7:00 p.m. for the Public Business Session, in the City
Council Chamber.
Respectfully submi .ed,
RET R. MONAHAN, CITY CLERK
�4ppr*ed: September 21, 2004
9 8-17-Q4