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03-0204_CC_Minutes_Regular MeetingMINUTES February 4, 2003 SAN JUAN CAPISTRANO CITY COUNCIL CLOSED SESSION (610.85) - 5:30 P.M. A Closed Session was held for the following purposes, as authorized by statute: Pursuant to Government Code section 54956.9, the City Council conferred with its legal counsel regarding the status of Curtis, et al. v. City of San Juan Capistrano, et al. 2. Pursuant to Government Code section 54956.8(c) the City Council conferred with its real property negotiator (City Manager) regarding the lease of property known as Lots A and B of Tract 12933. The leasee's representative is Larry Hatfield. 3. Pursuant to Government Code section 54956.9(c) the City Council conferred with its legal counsel regarding one matter. 4. Pursuant to Government Code section 54956.9(b)(1) the City Council conferred with its legal counsel regarding one matter. RECESS UNTIL 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 7:07 p.m. in the City Council Chamber. Council Member Wyatt Hart led the Pledge of Allegiance to the Flag. Council Member Swerdlin 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; 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; Lt. J.B. Davis, Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk. ANNOUNCEMENT OF CLOSED SESSION - No action taken. City Council Minutes 1 2-4-03 INTRODUCTIONS, PRESENTATION AND DONATIONS LONG-TERM EMPLOYEES ELAINE TRACY AND ALBERTO MORALES RECOGNIZED (730.90) Elaine Tracy, Senior Citizen Program Coordinator, was recognized for her 20 years of service to the City by Al King, Community Services Director; and, Alberto Morales, Facility Maintenance Worker II, was recognized for his 15 years of service to the City by Amy Amirani, Public Works Director. Mayor Gelff presented Tracy and Morales with Certificates of Recognition. 2. DEPUTY CRAIG LANG RECOGNIZED AS 2002 SAN JUAN CAPISTRANO DEPUTY OF THE YEAR (610.40) Deputy Craig Lang was recognized as the 2002 San Juan Capistrano Deputy of the Year by Lt. J. B. Davis, Chief of Police, and was presented a plaque by Mayor Gelff. 3. ASSOCIATED SENIORS ACTION PROGRAM VOLUNTEERS JOAN HOOD AND BOB GRISWOLD RECOGNIZED FOR THEIR SIGNIFICANT CONTRIBUTIONS TO THE COMMUNITY (610.40) Lt. J.B. Davis, Chief of Police Services, recognized Associated Seniors Action Program volunteers Bob Griswold for achieving 5000 hours of service to the City and Joan Hood, for achieving 6000 hours of service to the City. Lt. Davis presented Griswold and Hood with a 5000 hour pin and 6000 hour pin, respectively. Fred Jenner, Field Representative from Assembly Member Patricia Bate's office, presented a Certificate to Associated Seniors Acton Program volunteers Bob Griswold and Joan Hood in recognition of their significant contributions to the community. 4. VOLUNTEERS OF THE ASSOCIATED SENIOR ACTION PROGRAM RECOGNIZED FOR SERVICE TO THE COMMUNITY (610.40) The Associated Seniors Action Program (ASAP) began in 1992 and is staffed by senior citizen volunteers who assist the City's Police Services Department. The program provides many important services to the community; and, currently has 28 volunteers in the program. Mayor Gelff presented Certificates of Appreciation to the Associates Senior Action Program Volunteers. 5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Soto introduced the following persons in attendance: Tori Haidinger, Parks, Recreation and Equestrian Commission; Les Blair, Council Liaison to the Seniors; Marie Buckner and Joann de Guevara, Housing Advisory Committee; and Brad Gates, former Orange County Sheriff. City Council Minutes 2 2-4-03 ORAL COMMUNICATIONS: (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT): Roy Stevens, City resident, spoke in opposition to a development behind Mystic Gardens and requested to participate in the planning process. Damien Shilo, City resident, stated that the Juaneno Band of Mission Indians wanted to preserve the JSerra site and was willing to commit to not establishing gaming within the City limits. He also requested formation of an ad-hoc committee to discuss terms. Carla Lee Bauer, City resident, spoke in favor of a new high school at the Whispering Hills site. Lon Uso, City resident, spoke in opposition to a new high school atthe Whispering Hills site and requested the City pursue a temporary restraining order until the courts could decide the issue. Bill Manahan, City resident, favored a new high school. Eva Crabbs, City resident, read an article by Sarah Simmons that encouraged City opposition to the high school. Nannette Tolen, City resident, requested that the City Attorney take action to oppose the high school. John Shaw, City Attorney, reported that state laws addressed the relationship of school districts and local governments and provided forthe school district to proceed with grubbing of the site. CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously, 5-0, to approve items 1 through 5, 7 and 8 as recommended by Staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES FROM THE REGULAR MEETING OF JANUARY 7, 2003, APPROVED AS SUBMITTED. 3. PUEBLO SERRA INDEMNIFICATION LETTER AGREEMENT APPROVED; AND, MAYOR AUTHORIZED TO EXECUTE. (600.30) City Council Minutes 3 2-4-03 4. MEMORANDUM OF UNDERSTANDING APPROVED WITH THE FIESTA ASSOCIATION FOR THE 2003 FIESTA DE LAS GOLONGRINAS; AND, RESOLUTION 03-02-04-01 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 2003 FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE, AND JULY 4T" CELEBRATION, AND THE GRANTING OF AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR THE HOOS'GOW DAY AND SWALLOWS PARADE DAY;" AND USE OF CITY FACILITIES FOR CONDUCTING PARADE PLANNING AND GENERAL MEMBERSHIP MEETINGS. (600.30) 5. REIMBURSEMENT AGREEMENT APPROVED FOR RESURFACING DEL OBISPO STREET AT BLUE FIN DRIVE WITH THE CITY OF DANA POINT FOR A COST NOT TO EXCEED $71,162. (600.60) 6. WARRANTS DATED JANUARY 9, 2003, IN THE AMOUNT OF $1,489,779,64, AND PAYROLL WARRANTS DATED JANUARY 16, 2003, IN THE AMOUNT OF $232,763.38, RECEIVED AND FILED. (300.30) This item was removed from the Consent Calendar to allow Council Member Bathgate to abstain from voting: ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Hart, Swerdlin, Mayor pro tem Soto and Mayor Gelff 10 0=1 Bathgate 7. REPORT OF INVESTMENTS, MONTH ENDING DECEMBER 31, 2002, RECEIVED AND FILED; AND, CITY CLERK DIRECTED TO FORWARD THE REPORT OF INVESTMENTS TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION. (350.50) 8. CASH FUND BALANCES BY FUND - DECEMBER 31, 2002, RECEIVED AND FILED (330.50) PUBLIC HEARINGS: RESOLUTION NO. 03-02-04-02 ADOPTED APPROVING A ONE YEAR EXTENSION FOR TENTATIVE PARCEL MAP 99-174 LOCATED SOUTHEAST OF City Council Minutes 4 2-4-03 THE INTERSECTION OF RANCHO VI EJO ROAD AND VIA ESCOLAR (GATEWAY COMMUNITY CHURCH) (420.70) Mayor pro tem Soto abstained from this item and left the council chamber. Project Description: The applicant, Gateway Community Church, requested a one year extension for Tentative Parcel Map 99-174, a two lot subdivision located southeast of the intersection of Rancho Viejo Road and Via Escolar. Staff recommends approving the one year extension and adding a condition that the applicant submit erosion and sediment control plans priorto issuance of any grading and right-of-way improvement permits. Written Communications: Report dated February4, 2003, from Thomas Tomlinson, Director of Planning. Presentation: Thomas Tomlinson, Director of Planning, reviewed staff recommendation. Mayor Gelff opened the public hearing and there being no response, closed the public hearing. Council Comments: Council Member Bathgate added to the motion the condition for the applicant to complete Installation of landscape adjacent to Rancho Viejo Road as previously approved. Council Action: Moved by Council Member Bathgate, seconded by Mayor Gelff and carried unanimously, 4-0-1, to adopt Resolution No. 03-02-04-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, APPROVING A ONE YEAR TIME EXTENSION FOR APPROVED TENTATIVE PARCEL MAP 99-174 (GATEWAY COMMUNITY CHURCH);" INCLUDING A CONDITION THATTHE APPLICANT COMPLETE REPLACEMENT SLOPE PLANTING ADJACENT TO RANCHO VIEJO ROAD IN ACCORDANCE WITH PREVIOUSLY APPROVED PLANS FOR ARCHITECTURAL CONTROL APPLICATION 96-06. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin and Mayor Gelff None Mayor pro tem Soto City Council Minutes 5 2-4-03 2. REQUEST FOR TEMPORARY STREET CLOSURES FOR FIESTA DE LAS 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 scheduled for Saturday, March 22, 2003 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 and the Mercado. Written Communications: Report dated February 4, 2003, from William M. Huber, Director of Engineering and Building. Presentation: William M. Huber, Director of Engineering and Building reviewed the staff recommendation. Mayor Gelff opened the public hearing and there being no response, closed the public hearing. Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate and carried unanimously, 5-0, to approve the temporary street closures for the Fiesta de las Golondrinas Parade and the Mercado on March 22, 2003, and approve issuance of a parade permit to the San Juan Capistrano Fiesta Association, per the City Municipal Code, Section 5-11.05(b). RECESS AND RECONVENE Council recessed at 8:08 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District meetings and reconvened at 8:12 p.m. ADMINISTRATIVE ITEMS H1. COMMUNITY SERVICES DIRECTOR a. 2ND ANNUAL LINCOLN DAY EVENT TO BE HELD FEBRUARY 14 THROUGH 16, 2003; WAIVER OF CITY FEES APPROVED SUBJECT TO CONDITIONS; AND PERMISSION GRANTED TO INCLUDE A VISIT TO THE THE CEMETERY WITH A 21 -GUN SALUTE (150.20) Project Description: Richard Hill Adams, City resident, submitted a request to conduct the 2"d annual downtown "Lincoln Day" event during the weekend of February 14, 15 and 16, 2003, in conjunction with Lincoln festivities taking place at Mission San Juan Capistrano. The event proposed overnight camping at the City Council Minutes 6 2-4-03 Historic Town Park, a 21 -gun salute, a request for a fee waiver, assignment of City personnel, traffic control, Los Rios visit and special event coordination. Staff recommends approving the request subject to conditions. Written Communication: Report dated February 4, 2003, by Al King, Community Services Director. Presentation: Al King, Director of Community Services, reviewed the staff recommendation. Public Comment: Larry Glowers, portraying General Ulysses S. Grant, supported the event. Richard Hill Adams, event coordinator and applicant, spoke in support of the event. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously, 5-0, to approve the 2nd Annual Lincoln Day event to be held February 14 through 16, 2003, including the discharge of firearms, overnight camping at the Historic Town Center Park, and waiver of Cityfees, subject to conditions; and, permission granted to include a visit to the cemetery with a 21 - gun salute, Sunday afternoon of the scheduled event. H2. ENGINEERING AND BUILDING DIRECTOR a. CITY'S WATER QUALITY LOCAL IMPLEMENTATION PLAN APPROVED IN CONCEPT; SUBMITTAL OF PLAN TO SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD AUTHORIZED; AND, GENERAL PLAN AMENDMENT INITIATED TO INCORPORATE WATER QUALITY PROVISIONS 1.0 so. 80/440.25) Project Description: Staff has completed the development of the City's Water quality Local Implementation Plan for submittal to the San Diego Regional Water Quality Control Board, as required by its recently adopted permit. Staff has also completed a review of the water quality provisions contained in the General Plan and feels it is not as comprehensive as required by the Regional Board's permit. Staff recommends approving, in concept, the City's water quality Local Implementation Plan; receive authorization to submit the Plan to the San Diego Regional Water Quality Control; and, initiate a General Plan amendmentto incorporate water quality provisions. Written Communication: Report dated February 4, 2003, by William M. Huber, Director of Engineering and Building. Presentation: Ziad Mazboudi, Senior Civil Engineer, reviewed the staff recommendation. City Council Minutes 7 2-4-03 Public Comment: Richard M. Stowe, City resident, suggested use of native plants to reduce dependence on water resources. Council Comment: Council Members concurred staff did an outstanding job on the Cities Local Implementation Plan. Council Action: Moved by Council Member Swerdl in, seconded by Council Member Hart and carried unanimously, 5-0, to adopt the City's water quality Local Implementation Plan in concept subject to modification as requested by the San Diego Regional Water Quality Control Board and update annually as needed; Submittal authorized of the Local Implementation Plan to the San Diego Regional Water Quality Control Board; and, a General Plan amendment initiated to incorporate water quality provisions. b. CITY COUNCIL OPPOSED THE USE OF FLOOD WALLS FOR FLOOD PROTECTION; STAFF DIRECTED TO WORK WITH CITY OF DANA POINT, SOUTH COAST WATER DISTRICT AND UNITED STATES ARMY CORPS OF ENGINEERS TO DEVELOP A LOCALLY PREFERRED PLAN (550.50) Project Description: The Corps of Engineers has completed the Feasibility Study report and provided an action plan for channel improvements including significant flood walls, channel stabilization, and channel excavation forecosystem restoration. Staff believes that the flood wail approach is unacceptable and inconsistent with the City General Plan Flood Plain Element. In addition, proposed improvements to San Juan Creek, Trabuco Creek and Oso Creek are insufficient to mitigate future flooding problems. Staff recommends the City Council take a formal position opposing the use of the flood walls for flood protection and recommends the Corps consider other options in conjunction with the development of the Locally Preferred Plan to be developed. Written Communication: Report dated February 4, 2003, by William M. Huber, Director of Engineering and Building. Correspondence via fax, dated February 3, 2003, from Tom Lorch, City property owner, stated concerns regarding aspects of the feasibility study. Presentation: William M. Huber, Director of Engineering and Building, reviewed the staff recommendation. Public Comment: City Council Minutes 8 2-4-03 Tom Lorch, City property owner, supported use of retention basins, ratherthan other structures. Mr. Lorch submitted a letter, dated February 4, 2003, for the public record. Richard M. Stowe, City resident, was opposed to use of concrete structures. Council Comment: Council Member Bathgate noted significant erosion along the creeks and recommended regionally based solutions. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to direct staff to work with the City of Dana Point, South Coast Water District and United States Army Corps of Engineers to develop a Locally Preferred Plan; and City Council opposed to the use of flood walls for flood protection, recommending that the Corp of Engineers consider other options in conjunction with development of the Locally Preferred Plan. H3. PUBLIC WORKS DIRECTOR a. EXPENDITURES RATIFIED TO REPAIR AND IMPROVE THE PUBLIC WORKS MODULAR OFFICES TO MR. MOBILE HOME AND TO GREEK'S CONCRETE (CIP NO. 758 & 142) (210.20) Project Description: The Public Works offices were constructed over twenty-five years ago and are now in a state of disrepair due to water intrusion and foundation instability. Staff requests ratification of expenditures for repair and improvements. Written Communication: Report dated February 4, 2003, by Amy Amirani, Public Works Director. Presentation: Amy Amirani, Public Works Director, reviewed the staff recommendation. Council Comment: Mayor pro tem Soto ascertained the funding for the repairs will come from the Groundwater Recovery Plan Project due to concern that the pile driving required for the Groundwater project could displace the building off of its foundation moorings. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously, 5-0, to approve expenditures to repair and improvethe Public Works modular offices, including $35,818.69 to Mr. Mobile Home and $21,550 to Greek's Concrete ratified; and approve funding of $35,818.69 from the Groundwater Recovery Plan Project (CIP No. 758) to cover costs of work. City Council Minutes 9 2-4-03 ORDINANCES: None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES: Mayor pro tem Soto Associated Seniors Action Program (ASAP) (595.60): reported attending an ASAP meeting and remarked on the dedication of the volunteers. COUNCIL COMMENTS: Council Member Swerdlin stated he had attended the Urban Water Research Institute with Mayor pro tem Soto. Mayor pro tem Soto requested that the issue related to impacts of permit parking be moved up in priority and addressed sooner than staff had indicated. ADJOURNMENT There being no further business, Mayor Gelff adjourned the meeting at 8:55 p.m. to a Regular meeting, Tuesday, February 18, 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, (2, G1' MP(RCJARET R. MONAHAN, CITY CLERK Approved: March 18, 2003 ATTEST: City Council Minutes 10 2-4-03