04-1005_CC_Minutes_Regular MeetingMINUTES
OCTOBER 5, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85):
The Following noticed Closed Session was canceled:
1. Pursuant to Government Code section 54956.9(b)(1), the City Council was
scheduled to confer with its legal counsel regarding one matter.
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; Margaret R. Monahan, City Clerk; Molly Bogh, Planning Director; Nasser
Abbaszadeh, Engineering and Building 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; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS:
Council Member Swerdlin announced that he attended a fundraiser benefiting Casa de
Amma, an organization that assists people with learning disabilities to become
independent. He encouraged residents to take precautions to reduce exposure to
West Nile Virus; and made information from the Transportation Corridors Agency
available.
Mayor pro tem Hart reported attending an Orange County Fire Authority (OCFA)
meeting where information concerning home fire sprinkler systems was presented and
advised that OCFA officials will be contacting Dave Adams, City Manager, with
additional information.
10-5-04
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, announced
community events to be held in October: Storytelling Festiva
Park; Mission San Juan Capistrano events; and the Vintage
Chamber of Commerce.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
the following upcoming
I at Historic Town Center
Event sponsored by the
NASSER ABBASZADEH, ENGINEERING & BUILDING DIRECTOR,
INTRODUCED (730.10)
Dave Adams, City Manager, introduced Nasser Abbaszadeh, Engineering &
Building Director, who joined the City staff yesterday. In addition, he thanked Ray
Holland, Interim Engineering & Building Director, for his service to the City.
2. FORMER HOUSING ADVISORY COMMITTEE MEMBER HOWARD
LANGHANS RECOGNIZED (110.30)
Meg Monahan, City Clerk, recognized Howard Langhans who has served on the
Housing Advisory Committee for two years; and Mayor Soto presented Mr.
Langhans with a plaque recognizing his contribution.
3. COMPANY GUNNERY SERGEANT GREGORY LINTON PRESENTED WITH
CERTIFICATE OF ACHIEVEMENT (610.40)
Council Member Allevato recognized retired Company Gunnery Sergeant
Gregory Linton, 2nd Battalion, 5th Marines, for his efforts in Operation Iraqi
Freedom and presented Sgt. Linton with a Certificate of Achievement.
4. LONG TERM EMPLOYEE DAVID HUBLER RECOGNIZED (730.90)
Amy Amirani, Public Works Director, recognized David Hubler, Senior
Maintenance Worker, for his 15 years of service to the city; and Mayor Soto
presented him with a Certificate of Recognition.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart recognized the following individuals in attendance: Gene
Ratcliffe, Planning Commission; Joann de Guevara and Joann Marquez, Housing
Advisory Committee; Howard Langhans, former Housing Advisory Committee
Member; Les Blair, Council Liaison to the San Juan Seniors; and Phil Schwartze,
former Mayor.
2 10-5-04
ORAL COMMUNICATIONS
Phil Schwartze, City resident, requested City involvement in adopting a Marine Corps
unit (140 members), now stationed in Iraq, by supplying the unit with sundries and other
needed items; and relayed their request for an American Flag that had flown over City
Hall to fly over their unit. Council Member Swerdlin offered to donate an American Flag
that has flown over the Capitol Building of California, which could also be flown over
City Hall, and then forwarded to the unit. Dave Adams, City Manager, reported that
staff will assist with involving the community in sponsoring the unit.
Phil Schwartze announced that a Veterans Day memorial service and post -service
lunch was planned for 11 a.m. on November 11th at the Calle Perfecto site. He
proposed moving the existing monument to Veterans Park and creation of an additional
monument, to include reference to Lance Cpl. Derek L. Gardner, who recently lost his
life in Iraq. Mayor Soto gave Mr. Schwartze permission to work with staff for park
arrangements.
CONSENT CALENDAR
Council Action: Moved • by Mayor pro tem Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve items 1 through 6, 8, 9, 10, & 12 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES OF THE SAN JUAN CAPISTRANO PUBLIC FINANCING
AUTHORITY BOARD OF DIRECTORS, SPECIAL. MEETING OF AUGUST 17,
2004, APPROVED AS AMENDED.
3. CITY COUNCIL MINUTES APPROVED AS SUBMITTED:
A. MINUTES OF THE ADJOURNED REGULAR MEETING OF AUGUST 31,
2004.
B. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 7, 2004.
4. REPORT OF INVESTMENTS, MONTH ENDING AUGUST 31, 2004, RECEIVED
AND FILED. (350.30)
5. CASH BALANCES BY FUND, AUGUST 31, 2004, RECEIVED AND FILED.
(330.50)
3 10-5-04
6. CONTRACT CHANGE ORDER #1, IN THE AMOUNT OF $5,106.00,
APPROVED; RESOLUTION NO. 04-10-05-01 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 DEL OBISPO STREET DRIVEWAY APPROACH
HIGHWAY AND CAMINO CAPISTRANO (ALL AMERICAN ASPHALT) (CIP NO.
101)," ADOPTED; THE CITY CLERK DIRECTED TO PROCESS THE
RECORDING OF THE PROJECT NOTICE OF COMPLETION; AND STAFF
AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF
$11,921.10, 35 DAYS AFTER RECORDATION. (600.30)
7. FINAL MAP FOR TRACT NO. 16221 APPROVED. (WILLIAM LYON HOMES,
INC.) (420.701600.30)
Council Member Allevato requested this item be removed from the Consent
Calendar for clarification.
Ray Holland, Interim Engineering and Building Director, briefly summarized the
traffic improvements required with approval of this project.
Tom Grable, Lyon Homes, updated the Council on their progress with working
with CalTrans for approval and timing of the required improvements; speculated
on the completion date; and provided detail of the improvements.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Allevato, and carried unanimously, 5-0, to approve the Final Map for
Tract No. 16221 as it conforms to the requirements set forth in the Subdivision
Map Act and the previously approved Tentative Tract Map conditions; authorize
the City Engineer and the City Clerk to execute the final map; authorize the
Mayor to execute the Subdivision Improvement Agreement and accept
corresponding securities; and direct the City Clerk to forward the map and
subdivision agreement to the County Recorder.
8. CLAIM OF BARBARA BRIENT DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.10)
9. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 16, 2004, IN THE
AMOUNT OF $962,465.75; AND PAYROLL WARRANTS DATED SEPTEMBER
24, 2004, IN THE AMOUNT OF $247.915.56, RECEIVED AND FILED. (300.30)
4 10-5-04
10. SPECIAL ACTIVITIES PERMIT 04-02 APPROVED FOR THE CIVIL WAR RE-
ENACTMENT FOR CAPISTRANO VALLEY CHRISTIAN SCHOOL, INCLUDING
GRANTING OF AN EXCEPTION TO SECTION 5-14.04 OF THE CITY'S
MUNICIPAL CODE TO ALLOW THE DISCHARGE OF FIREARMS, SUBJECT
TO THE CONDITIONS LISTED IN THE AGENDA REPORT. (APN 668-141-01)
(585.10)
11. CREATION OFA MAINTENANCE TRAINEE PROGRAM APPROVED. (700.20)
Council Member Swerdlin ascertained that the proposal would establish a
maintenance trainee program to help attract and retain entry level maintenance
personnel.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
pro tem Hart and carried unanimously, 5-0, to approve the creation of a
Maintenance Trainee Program.
12. RESOLUTION NO. 04-10-05-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS
PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD
AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED
DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT
PARTNERSHIPS PROGRAM," ADOPTED; FIRST-TIME HOMEBUYER
PROGRAM AND OWNER -OCCUPIED HOUSING REHABILITATION
GUIDELINES ADOPTED AS SUBMITTED; AND THE CITY'S PLANNING
DIRECTOR AUTHORIZED TO MAKE ADDITIONAL REVISIONS TO THE
GUIDELINES AS NECESSARY TO SATISFY THE 2004 STATE -HOME
PROGRAM APPLICATION REQUIREMENTS. (430.40)
PUBLIC HEARINGS
1. RESOLUTION NO. 04-10-05-03 ADOPTED ORDERING FORMATION AND
APPOINTMENT OF A BOARD OF DIRECTORS FOR GEOLOGIC HAZARD
ABATEMENT DISTRICT (GHAD) 04-01 FOR TENTATIVE TRACT 16221,
WILLIAM LYON HOMES, INC. (345.90)
Description: The approval for Tentative Tract Map 16221 requires establishment
of a Geologic Hazard Abatement District (GHAD) for potential use in the event of
a catastrophic slope failure. Tonight's action provides for formation of the district
and appointment of the City Council as its board of directors. Staff recommended
Council adopt the resolution ordering formation and appointment of board of
directors for GHAD 04-01 for Tentative Tract 16221, William Lyon Homes, Inc.
5 10-5-04
Written Communications: Report dated October 5, 2004, by Ray Holland,
Interim Engineering & Building Director.
Presentation: Ray Holland, Interim Engineering & Building Director, summarized
the staff report.
Mayor Soto opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Allevato, and unanimously carried, 5-0, to adopt Resolution No. 04-10-
05-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FORMATION OF,
AND APPOINTING THE BOARD OF DIRECTORS FOR, GEOLOGIC HAZARD
ABATEMENT DISTRICT 04-01 FOR TENTATIVE TRACT 16221, WILLIAM
LYON HOMES, INC."
RECESS AND RECONVENE
Council recessed at 7:45 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:46 p.m.
ADMINISTRATIVE ITEMS
G1. PLANNING DIRECTOR
a. RESOLUTION NO. 04-10-05-04 ADOPTED APPROVING THE SWALLOWS
INN 50TH ANNIVERSARY CELEBRATION SPECIAL EVENT (150.60)
Description: The Swallows Inn, in conjunction with the non-profit group
Probation Community Action Association, requested City approval for a special
activities permit to conduct a 50th anniversary celebration event in the parking lot
located east of Swallows Inn. The event is expected to attract approximately
3000 people and will feature live music, retail vendors, food vendors, food
service, dancing, and classic vehicle display. The applicant's original submittal,
which was incomplete and submitted less than one month before the event,
proposed that the event be held in Historic Town Center (HTC) Park and
included street closures, but has been revised to eliminate these requests. Due
to the increasing number of non -City sponsored events being proposed at HTC
Park, staff recommends that Council provide direction and authorize staff to
prepare a draft City Council Policy to address the impacts associated with HTC
Park events and/or street closures. Staff recommended Council adopt the
resolution approving the special event; direct the applicant that all future special
activities permit applications shall be submitted in a complete form a minimum of
60 days prior to any future event; and direct staff to prepare a draft City Council
Policy regarding special events for review at a future meeting.
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Written Communications: Report dated October 5, 2004, by Molly Bogh,
Planning Director.
Supplementary Agenda Reports 1 & 2, dated October 5, 2004, by Molly Bogh,
Planning Director.
Memo dated October 5, 2004, notifying the City that an evening event was
scheduled at the Mission on October 16, 2004, from Pat March, Corporate
Events Coordinator, Mission San Juan Capistrano.
Memo dated October 5, 2004, regarding a request from a member of the public
to play a 7 -minute video, from Meg Monahan, City Clerk.
Presentation: Molly Bogh, Planning Director, summarized the staff
recommendation.
Public Comment:
Boots Leone, City resident, supported the event.
Jim Simmer, representing Probation Community Action Association (PCAA),
supported the special event as proceeds from the event would benefit PCAA, a
nonprofit organization assisting youth involved in probation or at -risk.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt Resolution No. 04-10-
05-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING A SPECIAL
EVENT PERMIT AT THE PARKING LOT LOCATED ON THE NORTHWEST
CORNER OF YORBA STREET AND EL CAMINO REAL FOR THE SWALLOWS
INN 50 H ANNIVERSARY CELEBRATION;" direct the applicant that all future
special activities permit applications shall be submitted in a complete form a
minimum of 60 days prior to any future event; and direct staff to prepare a draft
City Council Policy regarding special events held by members of the public within
City parks and public facilities, including street closures, for review at a future
meeting.
ORDINANCES - None
COUNCILMANIC ITEMS - None
10-5-04
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:00 p.m. to
Tuesday, October 19, 2004, at 5:30 p.m. for Closed Session and 7:00 p.m. for the
Public Business Section, in the City Council Chamber.
Respectfully submitted,
T R. MONAHAN, CITY CLERK
Novembgn2, 2004
A
v
JOE SOT , MAYOR
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