03-0107_CC_Minutes_Regular MeetingMINUTES
January 7, 2003
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85) - None
7:00 P.M. BUSINESS SESSION
Mayor Gelff called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:01 p.m. in the City Council Chamber. Council Member
Hart led the Pledge of Allegiance to the Flag. Pastor Sean Sahy, Calvary Chapel of San
Juan Capistrano, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, David M. Swerdlin, Mayor
pro tem Joe Soto, and Mayor John S. Gelff.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Thomas Tomlinson,
Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani,
Public Works Director; Al King, Jr., Community Services Director; Sergeant Dwyer, Police
Services; and, Dawn Schanderl, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - None
INTRODUCTIONS, PRESENTATION AND DONATIONS
LONG-TERM EMPLOYEE FRANCIE KENNEDY RECOGNIZED (730.90)
Julia Silva, Assistant City Manager, recognized Francie Kennedy, Conservation
Coordinator, for her 10 years of service to the City. Mayor Gelff presented Kennedy
with a Certificate of Recognition.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Soto introduced the following persons in attendance: Jan Siegal,
Cultural Heritage Commission; Gene Ratcliffe and Sheldon Cohen, Planning
Commission; Howard Langhans, Joann de Guevara and Marie Buckner, Housing
Advisory Committee; Tori Hardinger, Parks, Recreation and Equestrian
Commission; and Gil Jones former Mayor and Council Member.
City Council Minutes 1 01-07-03
ORAL COMMUNICATIONS:
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT
Lois Hadleson, City resident, introduced herself as the League of Women Voters appointed
Council observer.
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart
and carried unanimously, 5-0, to approve items 1, 2b, 3 through 9, 11, 12, 14 and 15 as
recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2.a. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 19, 2002,
APPROVED AS SUBMITTED.
This item was removed from the Consent Calendar to allow Mayor pro tem Soto to
abstain from voting:
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS:
Hart, Bathgate, Swerdlin and Mayor Gelff
Mayor pro tem Soto
2.b. MINUTES FROM THE REGULAR MEETING OF DECEMBER 3, 2002, APPROVED
AS SUBMITTED.
3. YEAR 2003 SCHEDULE FOR THE STREET BANNER, LOCATED AT THE
INTERSECTION OF DEL OBISPO AND CAMINO CAPISTRANO, APPROVED AS
SUBMITTED. (410.40)
4. CASH FUND BALANCES BY FUND - OCTOBER 31, 2002, RECEIVED AND
FILED. (330.50)
5. REPORT OF INVESTMENTS, MONTH ENDING NOVEMBER 30, 2002,
RECEIVED AND FILED. (350.50)
6. BID FOR THE PURCHASE OFA 2002 KAWASAKI KZ 1000P-21 MOTORCYCLE,
EQUIPPED WITH ALL SPECIFIED ITEMS, AWARDED TO VIP KAWASAKI OF
BUENA PARK IN THE AMOUNT OF $11,462.07. (370.30)
City Council Minutes 2 01-07-03
7. CONTRACT CHANGE ORDER NO. 1 APPROVED 1N THE AMOUNT OF
$5,127.33; RESOLUTION NO. 03-01-07-01 ADOPTED 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 STORM DRAIN RELOCATION LOT C
AND LOT 200 MARBELLA TRACT 12954 CAPITAL IMPROVEMENT PROJECT
(GCI CONSTRUCTION INC.);" 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
$6,214.03, 35 DAYS AFTER RECORDATION. (600.30)
8. LICENSE AGREEMENT AMENDMENT APPROVED WITH LA PATA EQUESTRIAN
CENTER, LLC, EXCLUDING A PERFORMANCE BOND OBLIGATION; AND, CITY
MANAGER AUTHORIZED TO EXECUTE THE AMENDMENT (LOT A&B OF
TRACT 12633). (600.30)
9. REPORT ON COMPLIANCE WITH CONDITIONS FOR THE OUTDOOR DISPLAY
AREA OF CAPISTRANO HARLEY-DAVIDSON RECEIVED AND FILED
(CONDITIONAL USE PERMIT 00-09). (460.70)
10. RESOLUTION NO. 03-01-07-02 ADOPTED APPROVING "NO PARKING EXCEPT
BY PERMIT" ON VIA BELARDES FROM DEL OBISPO STREET TO CALLE
-- LUCANA. (570.70)
Proiect Description: The City of San Juan Capistrano received a petition from the
property owners on Via Belardes to install overnight permit parking on their street.
Based on verification of the petition, staff recommends approving permit parking in
this area.
Written Communication: Report dated January 7, 2003, by William M. Huber,
Director of Engineering & Building.
Public Comment:
Lynn Addington, City resident, inquired into the number of resident permits and
guest permits that each unit would be issued and who would be responsible for
administration of the program.
William M. Huber, Director of Engineering & Building, responded that he would
contact her regarding the number of permits issued and added that the City
Engineering staff would administer the program.
Boots Leone, City resident, felt that Via Belardes is over parked.
City Council Minutes 3 01-07-03
Council Comment:
Mayor pro tem Soto expressed concern with the number of parking by permit areas
within the City. He requested staff become proactive and work closely with the
homeowner associations toward a solution.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to adopt Resolution No. 03-01-07-02
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING NO PARKING EXCEPT BY
PERMIT, 3:00 A.M. TO 6:00 A.M. ON VIA BELARDES FROM DEL OBISPO
STREET TO CALLE LUCANA."
11, RESOLUTION NO. 03-01-07-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING"NO PARKING -TOW AWAY" ZONES FOR STREET SWEEPING
ON BOTH SIDES OF CAMINO CAPISTRANO FROM ACJACHEMA STREET TO
OSO ROAD;" TIME PERIOD: 8:00 A.M. TO 12:00 NOON
TUESDAYS/WEDNESDAYS HOLIDAYS EXEMPT. (570.30)
12. LICENSE AGREEMENT EXTENSION APPROVED WITH RAINER W. METZ LLC
RELATED TO CONTINUED ACCESS, MAINTENANCE AND OPERATION OF A
TEMPORARY PUMPING STATION ON THE METZ PROPERTY LOCATED ON
AVENIDA DE LA VISTA; AND, THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.30)
13. REIMBURSEMENT AGREEMENT APPROVED BETWEEN THE CITY AND PAUL
AND NANCY ST. PIERRE FOR THE HIDDEN MOUNTAIN (TRACT 11826)/LOS
CORRALES (TRACT 9373) DRAINAGE FACILITY. (600.60)
This item was removed from the Consent Calendar to allow Mayor pro tem Soto to
abstain from voting:
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin and Mayor Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Mayor pro tem Soto
City Council Minutes 4 01-07-03
14. WARRANTS DATED NOVEMBER 27, 2002, IN THE AMOUNT OF $1,788,790.16,
DECEMBER 12, 2002, IN THE AMOUNT OF $558,453.12, AND DECEMBER 26,
2002, IN THE AMOUNT OF $917,897.22; AND, PAYROLL WARRANTS DATED
DECEMBER 5, 2002, IN THE AMOUNT OF $241,148.27 AND DECEMBER 19,
2002, IN THE AMOUNT OF $261,621.58, RECEIVED AND FILED. (300.30)
15. PERSONAL SERVICES AGREEMENT APPROVED WITH CEN -CAL HEAVY
MOVING, INC. IN AN AMOUNT NOT TO EXCEED $25,000 FOR THE
RELOCATION OF THE SDG&E CARETAKER'S HOUSE; AND, THE CITY
MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30)
16. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED
(440.10)
PUBLIC HEARINGS:
CONSIDERATION OF REZONE 02-06, MODIFICATION OF ACCESSORY USE
PERMIT 96-01 AND AN AMENDMENT TO THE LOS RIOS SPECIFIC PLAN
RELATED TO PROPERTY AT 31752 LOS RIOS STREET; PUBLIC HEARING
OPENED AND CONTINUED TO JANUARY 21, 2003 (RAMOS HOUSE
CAF�)(400.301410.501460.20)
w._ Project Description: John Humphreys, owner and operator of the Ramos House
Cafe, requested (1) an increase from 12 to 13 permitted private evening events
previously conditioned under Accessory User Permit 96-1; (2) extended closing time
for these events from 8:30 p.m. to 9:30 p.m.; and, (3) approval to conduct unlimited
"fund-raising events."
Written Communications: Report dated January 7, 2003, from Thomas Tomlinson,
Director of Planning.
Presentation: Thomas Tomlinson, Director of Planning, stated the local newspaper
inadvertently did not publish the public notice as required by Section 9-2.335 of the
code. Staff recommends the City Council open the public hearing, receive public
comment and continue the item to January 21, 2003.
Mayor Gelff opened the public hearing.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to continue the public hearing to the meeting of
January 21, 2003.
City Council Minutes 5 01-07-03
2. ORDINANCE INTRODUCED AMENDING TITLE 8, CHAPTER 2 OF THE
MUNICIPAL CODE AMENDING THE GRADING REGULATIONS TO INCLUDE
WATER QUALITY STANDARDS. (450.3011050.80)
Project Description: As part of the National Pollution Discharge Elimination System
(NPDES) permit requirements, the City must demonstrate to the San Diego
Regional Water Quality Control Board that it has adequate legal authority to control
the discharge of pollutants from and into the City storm drain system. The City is
also required to revise the Grading ordinance to incorporate relevant requirements
of the Water Quality Ordinance. Under the new grading ordinance, any grading
permit issued would include the requirements of the WaterQuality Ordinance. Staff
recommends adopting the proposed grading ordinance.
Written Communications: Report dated January 7, 2003, from William M. Huber,
Director of Engineering & Building.
Presentation: Ziad Mazboudi, Senior Civil Engineer, reviewed the staff
recommendation.
Mayor Gelff opened the public hearing and there being no response, closed the
public hearing.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTER 2 OF TITLE 8, BUILDING REGULATIONS, RELATING TO THE
AMENDMENTS TO THE GRADING REGULATIONS TO INCLUDE WATER
QUALITY STANDARDS."
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve introduction and first reading of
the Ordinance amending Title 8, Chapter 2 of the Municipal Code amending grading
regulations to include water quality standards.
RECESS AND RECONVENE
Council recessed at 7:23 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened at
7:42 p.m.
City Council Minutes 6 01-07-03
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. DOWNTOWN MASTER PLAN PROJECT: SUBCOMMITTEE APPOINTEES
BATHGATE AND GELFF TO RETURN TO CITY COUNCIL AT A FUTURE DATE
WITH A BLUE RIBBON COMMITTEE PROPOSAL TO EXPLORE APPROACH TO
DOWNTOWN PLANNING. (470.30)
Project Description: The downtown has been the focus of business retention,
redevelopment, and capital improvement projects such as the design and
development of parks, street lighting, and sidewalks. The downtown has also
received a tremendous amount of private investment toward the preservation of the
Mission, commercial plazas, and business start ups. Even with pro -active efforts to
invest in the area, the area is not economically healthy. Staff recommends
approving (1) Request for Proposal (RFP) to solicit consultant services to conduct
a market analysis of the broader downtown area; (2) conduct a community
workshop to develop community values criteria; and, (3) return to Council with a
proposed RFP to solicit services for the completion of the Downtown Village Master
Plan.
Written Communication: Report dated January 7, 2003 by Mechelle Lawrence,
Economic Development Manager.
Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the
staff recommendation.
Public Comment:
Dusty Ronald Otero, City Resident; Erin Kutnick, City resident; Gil Jones, City
resident; Mark Brodeur, City resident; Sharon Allen, City resident; Gary Thornberg,
business owner; Denise Miner, business owner; Bonnie Tanny, City resident; and,
Eric Overton, City resident, supported action to improve the downtown.
Mark Nielsen, City resident and Co-chair of CAUSE, felt the City should develop
community needs and desires for the area before hiring a consultant.
Council Comment:
Council Members Hart supported formation of a committee to determine the
community's goals for the area.
Council Member Swerdlin felt it was important to have a realistic approach, based
on the developers' financing interests.
City Council Minutes 7 01-07-03
Mayor pro tem Soto felt that local traffic and parking issues must be dealt with first.
Mayor Gelff volunteered and recommended Council Member Bathgate to serve on
a subcommittee and return to the Council with a Blue Ribbon Committee proposal.
Council Action: Moved by Mayor Gelff, seconded by Council Member Hart and
carried unanimously, 5-0, to direct Subcommittee members Bathgate and Gelft
return to the City Council at a future date with a Blue Ribbon Committee proposal
to explore approach to Downtown planning.
b. ORDINANCE INTRODUCED RELATING TO FRANCHISES FOR CABLE
COMMUNICATION SYSTEMS (10004 0)
Project Description: The City of San Juan Capistrano entered into a collective
agreement with seven other South County Cities for the purpose of re -negotiating
the Cable TV Franchise. One key point was to update all the cities' ordinances
pertaining to the Franchises for Cable Communication Systems. Staff recommends
approving the proposed ordinance which includes all the provisions of the latest
Telecommunications Acts and Federal Communications Commissions (FCC)
rulings. The proposed ordinance would repeal the existing ordinance in its entirety.
Written Communication: Report dated January 7, 2003, by Douglas Dumhart,
Principal Management Analyst.
Presentation: Douglas Dumhart, Principal Management Analyst, reviewed the staff
recommendation.
Meg Monahan, City Clerk read the title of the Ordinance, entitled "AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, RELATING TO FRANCHISES FOR
CABLE COMMUNICATIONS SYSTEMS."
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to approve introduction and first reading of the
Ordinance related to franchises for cable communications systems.
H2. PLANNING DIRECTOR
a. ORDINANCE INTRODUCED AMENDING TITLE 2, CHAPTER 2, ARTICLE 7 AND
11 OF THE MUNICIPAL CODE, RELATED TO APPOINTMENT OF MEMBERS TO
THE DESIGN REVIEW COMMITTEE (410.60)
Project Description: At the December 3, 2002, City Council meeting staff was
directed to prepare a revised ordinance amending the appointment provisions for
the Design Review Committee. Staff prepared two ordinance proposals for Council
consideration. One proposal includes one Planning Commission member and two
City Council Minutes 8 01-07-03
at -large members on the Design Review Committee. The alternative proposal
includes two Planning Commission members and one at -large member.
Written Communication: Report and Supplemental Report dated January 7, 2003
by Thomas Tomlinson, Planning Director.
Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Meg Monahan, City Clerk read the title ofthe Ordinance, entitled "AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ARTICLES 7 AND 11, OF THE MUNICIPAL CODE, REGARDING THE NUMBER
OF MEMBERS OF THE DESIGN REVIEW COMMITTEE."
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve introduction and first reading of
the Ordinance amending Title 2, Chapter 2, Article 7 and 11 of the Municipal Code.
ORDINANCES: None
COUNCILMANIC ITEMS
1. VACANCIES DECLARED ON THE YOUTH ADVISORY BOARD,
TRANSPORTATION COMMISSION AND WATER ADVISORY COMMISSION; AND
CITY CLERK DIRECTED TO POST NOTICES TO SOLICIT APPLICATIONS.
(110.40)
Description: Pursuant to the Municipal Code, the term of office for most advisory
group appointments expires on March 31 of each year, with the Youth Advisory
Board being the exception to coincide more closely with the school year. City
Council Policy No. 202 establishes the procedures to fill vacancies on City
Commissions, Boards and Committees, when vacancies occur due to resignations.
Staff recommends to declare the vacancies on the youth Advisory board, the
Transportation Commission and the Water Advisory Commission; and, to direct the
City Clerk to prepare and post the public notices to solicit applications.
Written Communication: Report dated January 7, 2003, from Julia M. Silva,
Assistant City Manager.
Presentation: Julia M. Silva, Assistant City Manager, reviewed the staff
recommendation.
City Council Minutes 9 01-07-03
Council Action: Moved by Council Member Bathgate, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to declare 1 vacancy on the Youth Advisory
Board, the Transportation Commission and the Water Advisory Commission; the
City Clerk directed to post appropriate notices and solicit applications for the Youth
Advisory Board position, to end in August 2003; and, vacancies on the
Transportation Commission and Water Advisory Commission to be filled as part of
the annual appointments process.
2. MAYOR GELFF AND MAYOR PRO TEM SOTO SELECTED TO COUNCIL SUB-
COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS
FOR ANNUAL APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES; DEADLINE FOR SUBMITTAL OF APPLICATIONS: FEBRUARY7,
2003. (110.20)
Descri tion: The annual terms of office for all commission, board and committee
members expires on March 31, of each year. To facilitate the application process
for members to fill these vacancies, staff recommended that the City Council appoint
two members to serve on a sub -committee to conduct applicant interviews and
make recommendations for appointments. The application deadline is February 7,
2003.
Written Communication: Report dated January 7, 2003, from Julia M. Silva,
Assistant City Manager.
Presentation: Julia M. Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Mayor Gelff, seconded by Council Member Hart and
carried unanimously, 5-0, to direct the City Clerk to advertise the annual
appointment process for Commissions, Boards and Committees and accept
applications through February 7, 2003; form a Council subcommittee of Mayor pro
tem Soto and Mayor Gelff to review applications, conduct applicant interviews and
recommend appointments at the March 4, 2003 Council meeting.
3. REVIEW OF CITY COUNCIL APPOINTMENTS (610.60)
Pro'ect 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 Communications: Report dated January 7, 2003, from Cristi J. Silverberg,
Community Liaison and Memorandum dated January 7, 2002, from Mayor John S.
Gelff.
City Council Minutes 10 01-07-03
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to designate the following appointments of City
Council Members to represent the City as members of the following regional
organizations:
Associated Seniors Action Program, Council Liaison:
Liaison: Soto
Alternate: Gelff
California Joint Powers Insurance Authority (JPIA)
Representative: Swerdlin
Alternate: Bathgate
Community Promotions:
Representative: Soto
Representative: Bathgate
Community Schools Coordination Ad -Hoc Committee
Representative: Soto
Representative: Hart
Alternate: Swerdlin
EI Toro Reuse Planning Authority (ETRPA):
Representative: Hart
Foothill/Eastern Transportation Corridor:
Member: Swerdlin
Alternate Member: Bathgate
Inter -jurisdictional Growth Management Areas 9 & 11 (OCTA):
Representative: Gelff
Alternate Member: Bathgate
Northwest Open Space Ad Hoc Committee:
Representative: Soto
Representative: Bathgate
Open Space Acquisition Ad -Hoc Committee:
Representative: Soto
Representative: Bathgate
Operational Area Council:
Representative: Hart
Alternate: Gelff
City Council Minutes 11 01-07-03
Orange County Fire Authority:
Representative: Gelff
Alternate: Hart
Orange County League of Cities:
Representative: Gelff
Alternate: Bathgate
Orange County Library Advisory Board:
Representative: Gelff
Alternate: Bathgate
Orange County Transportation Authority Elected Officials Advisory Committee:
Representative: Bathgate
Orange County Vector Control:
Representative: Swerdlin
Length of Term: 4 years
Regional Governance Advisory Committee:
Representative: Gelff
Representative: Hart
San Joaquin Hills Transportation Corridor:
Representative: Swerdlin
Alternate: Bathgate
San Juan Basin Authority:
Representative: Bathgate
Alternate: Soto
South Orange County Wastewater Authority (SOCWA):
Representative: Bathgate
Alternate: Soto
Wall of Recognition:
Representative: Soto
Representative: Hart
Water Quality & Watershed Management Committee
(Formerly the Floodplain Management Committee)
Representative: Gelff
Representative: Bathgate
Alternate: Soto
City Council Minutes 12 01-07-03
4. ORAL REPORTS OF OUTSIDE AGENCIES: None
5. COUNCIL COMMENTS:
Council Member Swerdlin requested an overlay to the Zoning Map be developed to
illustrate the "worst case scenario" for total city build -out, based on current zoning
designations. He requested this item return to Council within 30 days.
George Scarborough, City Manager, suggested that they meet to discuss the
request.
Council Member Bathgate expressed concerns with illustrating units, butfelt another
tool used to visualize the potential at build -out could be useful.
Council Member Hart desired to focus on traffic issues.
Mayor pro tem Soto concurred with Hart.
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:47 p.m. to a
Regular meeting, Tuesday, January 21, 2003, at 5:30 p.m. for Closed Session and 7:00
p.m. for the Public Business Session in the City Council Chamber.
Respectfully submitted,
l.G
MRG RET R. MONAHAN, CITY CLERK
Approved: February 4, 2003
ATTEST:
City Council Minutes 13 01-07-03