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