02-0219_CC_Minutes_Regular MeetingMINUTES
February 19, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.$5) - 5:30 P.M.
Pursuant to Government Code Section 54956.9, the City Council conferred with its
legal counsel regarding the status of Cummings v. City of San Juan Capistrano.
2. Pursuant to Government Code Section 54956.9(c), the City Council conferred with
its legal counsel regarding one matter.
3. Pursuant to Government Code Section 54956.8, the Board of Directors will confer
with its real property negotiator (Executive Director) concerning the potential lease
of land, described as APN 668-101-03, from the City of San Juan Capistrano. Its
negotiator is the City Manager.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Bathgate called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:02 p.m. in the City Council Chamber dedicating the
meeting to the late Lou de Guevara, a dedicated Associated Seniors Action Program
volunteer. Council Member Wyatt Hart led the Pledge of Allegiance to the Flag. Council
Member Collene Campbell gave the Invocation.
Motion made by Council Member Hart, seconded by Council Member Campbell and carried
unanimously, 5-0, requesting a 415 vote to discuss recognition plaque of dedicated Associated
Seniors Action Program (ASAP) volunteers.
Council Member Campbell suggested that the Council and staff consider appropriate
recognition of ASAP volunteers, to be located in a public place.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David M. Swerdlin,
Mayor pro tem John S. Gelff, and Mayor Diane Bathgate.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber,
Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr.,
Community Services Director; and, Dawn Schanderl, Deputy City Clerk.
CC Minutes 1 2-19-02
ANNOUNCEMENT OF CLOSED SESSION - No action taken
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
PROCLAMATION DECLARING MARCH 2, 2002, AS "READ ACROSS AMERICA
DAY" (610.40)
Mayor Bathgate presented a proclamation to Cindy McMahan of Mission Hospital
and Beverly DeNicolar, Principal of San Juan Adult School, declaring
March 2, 2002 as "Read Across America Day."
2. PROCLAMATION DECLARING MARCH 2002 AS "COLON CANCER
AWARENESS MONTH" (610.40)
Mayor Bathgate presented a Proclamation to Bruce Vancil, Director of Cancer
Control, Orange County Division of the American Cancer Society, declaring March
2002 as "Colon Cancer Awareness Month.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons attendance: Les Blair, Senior
Liaison; Marie Buckner, Housing Advisory Committee; Thomas Ostensen, Parks,
Recreation & Equestrian Commission; Jack Chestek, Water Advisory Commission;
Joan Hood, Associated Seniors Action Program; and Boy Scout Troop #12.
ORAL COMMUNICATIONS:
CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT):
Laura West, San Juan Capistrano Chamber of Commerce, introduced herself as the new
Executive Director for the Chamber.
Erin Kutnick, 31271 Avenida Terramar, supported efforts to construct a high school in San
Juan Capistrano.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff and
carried unanimously, 5-0, to approve items 1 through 4 and 6 through 9, as recommended
by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF JANUARY 15, 2002, AND
SPECIAL MEETING OF JANUARY 19, 2002, APPROVED AS SUBMITTED.
CC Minutes 2 2-19-02
3. STATUS REPORT ON NEW APPLICATIONS RECEIVED AND FILED (440.10)
4. RESOLUTION NO. 02-02-19-01 ADOPTED 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
CAPISTRANO FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH
THE 2002 FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY
PARADE, ADIOS TO THE SWALLOWS FALL BARBEQUE, AND JULY 4TH
CELEBRATION, AND THE GRANTING OF AN EXCEPTION TO THE CITY'S
FIREARM DISCHARGE REGULATIONS FOR HOOS'GOW DAY AND
SWALLOWS PARADE DAY" AND MEMORANDUM OF UNDERSTANDING
APPROVED WITH THE FIESTA ASSOCIATION FOR THE 2002 FIESTA DE LAS
GOLONDRINAS. (600.30)
5. WARRANTS DATED JANUARY 24, 2002, IN THE AMOUNT OF $726,702.17, AND
PAYROLL WARRANTS DATED JANUARY 31, 2002, IN THE AMOUNT OF
$233,318.47, RECEIVED AND FILED (300.30)
This item was removed from the Consent Calendar to allow Mayor Bathgate to
abstain from voting.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
Hart, Campbell, Swerdlin and Mayor pro
tem Gelff
None
Mayor Bathgate
6. PURCHASE OF PORTABLE VACUUM AND VALVE MACHINE FORTHE PUBLIC
WORKS DEPARTMENT FROM PACIFIC TEK, IN THE AMOUNT OF $22,278.39,
APPROVED (370.30)
7. AMENDMENT TO CITY'S LEASE AGREEMENT WITH CAPISTRANO UNIFIED
SCHOOL DISTRICT FOR STONE FIELD TO INCLUDE EXISTING GARAGE AND
BLEACHER FACILITIES APPROVED; AND CITY MANAGER AUTHORIZED TO
EXECUTE AGREEMENT (600.20)
8. LICENSE AGREEMENT BETWEEN THE CITY AND CAPISTRANO GIRLS
SOFTBALL, FOR USE OF THE CONCESSION STAND AT COOK PARK
CORDOVA, FOR THE PERIOD OF FEBRUARY 20 THROUGH AUGUST 2, 2002,
APPROVED (600.30)
CC Minutes 3 2-19-02
9. 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 FEBRUARY 20, 2002
THROUGH AUGUST 23, 2002, APPROVED(600.30)
PUBLIC HEARINGS:
REQUEST FOR TEMPORARY STREET CLOSURES FOR FIESTA DE LAS
GOLONDRINAS PARADE AND MERCADO APPROVED; AND ISSUANCE OF
PARADE PERMIT TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION
(150.60)
Pro'ect Description: The San Juan Capistrano Fiesta Association submitted an
application for a parade permit for the Fiesta de las Golondrinas parade scheduled
for Saturday, March 23, 2002 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 is recommending
approval of the parade permit and necessary street closures for both the parade
and the Mercado.
Written Communications: Report dated February 19, 2002, from William M. Huber,
Director of Engineering & Building.
Oral Presentation: William M. Huber, Director of Engineering & Building, reviewed
the staff recommendation.
Mayor Bathgate opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Hart and carried unanimously, 5-0, to approve temporary street closures
for the Fiesta de las Golondrinas Parade and the Mercado on Saturday,
March 23, 2002, and issuance of a parade permittothe San Juan Capistrano Fiesta
Association, per the City Municipal Code, Section 5-11.05(b).
2. ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDARYEARS 2003-2005
AND RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 2002-
2005 CONTINUED TO MARCH 19, 2002 (440.50)
Project Description: Section 9-7.08 of the Municipal Code requires that the City
annually establish a numerical limit on the number of residential building permits to
be issued for each of the next three years (2003, 2004, and 2005). The City also
considers allocation of specific building permits for approved residential project
(2002-2005). Staff is recommending approval of the established Numerical Limits
CC Minutes 4 2-19-02
for building permits and the Residential Allocation Schedule for residential
subdivisions.
Written Communications: Report dated February 19, 2002, from Thomas
Tomlinson, Planning Director.
Oral Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing.
Public Testimony:
Mark Nielsen, 31621 Via Quixote, representing CAUSE, requested that allocations
be reduced to 175 units for year 2003, 125 units for year 2004 and 100 units for
year 2005 as City is close to being built out.
Mayor Bathgate closed the public hearing.
Council Comments:
Council Member Hart and Mayor pro tem Gelff suggested that the number of
permits be lowered since previous established top limits have not been met.
Thomas Tomlinson, Director of Planning, reported that the California Department
of Housing and Community Development establishes the number of housing units
each city should provide in order to meet regional housing needs. Though cities
are not required to produce the established number, cities can not create barriers
to reaching these designations, without potentially losing State grant funds. The
annual allocations recommended by Staff take this requirement into account.
Council Member Swerdlin supported staff recommendation.
George Scarborough, City Manager, suggested continuing the item to address
council members' concerns.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to continue the public hearing to
March 19, 2002
RECESS AND RECONVENE
Council recessed at 8:04 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 8:24 p.m.
CC Minutes 5 2-19-02
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. RESOLUTION NO. 02-02-19-02 ADOPTED SUPPORTING MEASURE V, THE
PEOPLE'S INITIATIVE, ON THE MARCH 5, 2002 BALLOT (630.30)
Description: Measure V, the People's initiative, is on the March 5, 2002 ballot to
give voters the opportunity to decide how to fill vacancies that occur on the County
Board of Supervisors before the end of the term. Should Measure V pass, such
vacancies would be filled by holding a special election.
Written Communication: Report dated February 19, 2002, from Julia M. Silva,
Assistant City Manger.
Oral Communication: Julia M. Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council MemberCampbell, seconded by Council Member
Hart and carried unanimously, 5-0, to adopt RESOLUTION NO. 02-02-19-02
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUPPORTING MEASURE V."
H2 PUBLIC WORKS DIRECTOR
a. AMENDMENT NO. 3 APPROVED TO THE SOUTH ORANGE COUNTY
WASTEWATER AUTHORITY PROJECT COMMITTEE NO. 5 AGREEMENT
(600.50)
Description: The San Juan Capistrano Ground Water Recovery project, when
completed, will discharge brine. The current South Orange County Wastewater
Authority (SOCWA) Project Committee No. 5 agreement did not address brine
discharge. Amendment No. 3 provides brine discharge to the Project Committee
No. 5 Outfall. Approval of this agreement is necessary to allow the Ground Water
Recovery project to continue.
Written Communication: Report dated February 19, 2002, from Amy Amirani,
Public Works Director.
Oral Communication: Amy Amirani, Director of Public Works, reviewed the staff
recommendation.
CC Minutes 6 2-19-02
Council Comments:
Council Member Swerdlin was opposed to the agreement, as he was opposed to
the Groundwater Recovery Project due to the level of uncertainty and risk.
George Scarborough, City Manager, noted the focus of the district was to reduce
the reliance upon imported water and develop our own resources locally.
Council Member Campbell supported moving forward on the project.
Mayor Bathgate requested an analysis of costs should the project not proceed.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff,
and carried, 4-1, to approve Amendment No. 3 to the South Orange County
Wastewater Authority Project Committee No. 5 Agreement and authorize the Mayor
to execute the amendment.
ROLL CALL
AYES:
-- NOES:
ABSTAIN:
ORDINANCES:
COUNCIL MEMBERS:
COUNCIL MEMBERS
COUNCIL MEMBERS:
None
COUNCILMANIC ITEMS
Hart, Campbell, Mayor pro tem Gelff and
Mayor Bathgate
Swerdlin
None
ORAL REPORTS OF OUTSIDE AGENCIES:
Mayor pro tem Gelff
Library Advisory Board (950.20): Reserves have reached $2.5 million, up from no
reserves 5 year ago.
Orange County Fire Authority (540.80): The Fire Authority is involved in reviewing
the status of volunteer services.
Orange County Waste Management Commission (810.10): The commissions final
long-term strategy has been submitted.
CC Minutes 7 2-19-02
Mayor Bathgate
South Orange County Wastewater Authority Joint Powers Authority (1040.60): The
Finance Committee will be meeting on February 20, 2002.
COUNCIL COMMENTS: None
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8:28 p.m. to
a Regular meeting, Tuesday, March 5, 2002, in the City Council Chamber.
Respectfully submitted,
a2 A/bt—_
RET R. MONAHAN, CITY CLERK
March 19, 2002
ATTEST:
CC Minutes 8 2-19-02