03-0218_CC_Minutes_Regular MeetingMINUTES
February 18, 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 54956.8(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.
2. Pursuant to Government Code Section 54956.9(c) the City Council conferred with
its legal counsel regarding two matters.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Geiff 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 Fred Eaton, Coast Bible Church, 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 - The City Council directed the City Attorney
to pursue appropriate enforcement action related to site development of San Juan Hills
High School.
INTRODUCTIONS, PRESENTATION AND DONATIONS
MILES BRANDON RECEIVED MAYOR'S AWARD FOR 2003 BUSINESS LEADER
OF THE YEAR (610.40)
City Council Minutes 1 2-18-03
Mayor Gelff presented the Mayor's Award for Business Leader of the Year to Miles
Brandon, owner of Capistrano Volkswagen, for his major contributions to the
community.
2. SONDRATRUJILLO RECOGNIZED AS THE BOYS AND GIRLS CLUB YOUTH OF
THE YEAR (610.40)
Each year the Boys and Girls Club of Capistrano Valley awards a teen with the
Youth of the Year award, the highest award given by the Club. This year the 2003
Youth of the Year is Sondra Trujillo, a junior at San Clemente High School.
3. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE RECOGNIZED FOR THE
SERVICES PROVIDED TO BUSINESSES, RESIDENTS AND VISITORS (610.40)
Mayor Gelff presented Rito Armenta, President of the Chamber of Commerce, with
a Certificate of Appreciation.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Soto introduced the following persons in attendance: Tom Ostensen,
Fiesta Association; Tori Haidinger, Parks, Recreation and Equestrian Commission;
Les Blair, Council Liaison to the Seniors; Howard Langhans, Marie Bucker, and
Joann de Guevara, Housing Advisory Committee; Don Tryon, Cultural Heritage
Commission; Gene Ratcliff, Robert Cardoza and Sheldon Cohen, Planning
Commission; Mike Darnold, Trustee, Capistrano Unified School District, Jerry Miller,
Mission San Juan Capistrano; Brad Gates, former Orange County Sheriff; and, Gil
Jones, former Mayor.
ORAL COMMUNICATIONS:
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY):
Erin Kutnick, City resident, spoke in support of a new San Juan Hills High School.
Reed Royalty, City resident and Chair of the Citizens' Independent Oversight
Committee, Capistrano Unified School District, supported a new high school.
Diane Sage, City resident and President of Ambuehl PTA, supported a new San
Juan Hills High School.
Richard Hill Adams, City resident, thanked the Council for their support of the
Lincoln Day events and favored building a new high school.
Luicienne Austin, City resident, felt that voters opposed Measure CC due to traffic,
grading and environmental impacts.
City Council Minutes 2 2-18-03
James Littlejohn, Executive Directorof the Boys and Girls Club, thanked the Council
for their continued support and presented a certificate to Mayor pro tem Soto for
participating in the Youth of the Year program.
Rocio Monarrez, City resident, spoke about the good qualities of the Boys and Girls
Club.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin
to approve items 1 through 6 as recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF JANUARY 21, 2003, APPROVED
AS SUBMITTED.
3. WARRANTS DATED JANUARY 23, 2003, IN THE AMOUNT OF $1,032,844.42,
AND PAYROLL WARRANTS DATED JANUARY 30, 2003, IN THE AMOUNT OF
$239,349.89, RECEIVED AND FILED. (300.30)
4. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED.
(440.10)
5. BID AWARDED TO SEHI COMPUTER PRODUCTS IN THE AMOUNT OF
$17,790.60 FOR PURCHASE OF NINETEEN (19) PENTIUM WORKSTATIONS.
(370.30)
6. 2003 FLEXIBLE BENEFITS PLAN ADOPTED. (720.40)
PUBLIC HEARINGS:
RESOLUTION NO. 03-02-18-01 ADOPTED APPROVING ABANDONMENT OF
EASEMENT FOR STREET AND HIGHWAY PURPOSES WITHIN 31825 LOS RIOS
STREET (ITO) (670.50)
Project Description: This easement was originally granted to the City in 1973 by
Atsuo and Hiroko Ito for a proposed street widening which never occurred. Mr. and
Mrs. Douglas Ito requested that the City abandon the Street and Highway Easement
located within a narrow strip of the their property which extends between the Jones
Mini Farm and the O'Neill Museum. Staff reported that future use of the easement
area would be adequately regulated through other land use regulations, and
therefore recommended authorizing vacation of the easement.
City Council Minutes 3 2-18-03
Written Communications: Report dated February 18, 2003, from William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Directorof Engineering and Building, reviewed the
staff recommendation.
Mayor Gelff opened the public hearing.
Public Testimony:
David Baade, attorney representing the Itos, spoke in support of granting the
easement.
Mayor Gelff closed the public hearing.
Council Comments:
Council Member Swerdlin supported returning the easement to the Itos and
reaffirmed there will be no fencing off of River Street.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Swerdlin and carried unanimously, 5-0, to adopt Resolution No. 03-02-18-01
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, QUITCLAIMING A PUBLIC EASEMENT FOR
STREET AND HIGHWAY PURPOSES (LOS RIOS STREET) WITHIN
ASSESSOR'S PARCEL NUMBER 121-160-28, AKA 31825 LOS RIOS STREET
(DOUGLAS ITO TRUST);" AND, CITY CLERK DIRECTED TO FORWARD THE
QUITCLAIM DEED TO THE ORANGE COUNTY RECORDER.
RECESS AND RECONVENE
Council recessed at 7:38 p.m. to convene to the San Juan Capistrano Community and
Redevelopment Agency meeting and reconvened at 8:01 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING DIRECTOR
a. RESOLUTION NO. 03-02-18-02 ADOPTED ENDORSING AN ENHANCED RAIL
SYSTEM WITHIN THE SOUTH ORANGE COUNTY RAIL WORKING GROUP
(SOCRWG) THAT RECOGNIZES, PRESERVES AND PROTECTS COASTAL AND
HISTORIC RESOURCES (940.80)
Project Description: The South Orange County Rail Working Group (SOCRWG)was
City Council Minutes 4 2-18-03
formed by the cities of San Juan Capistrano, Dana Point and San Clemente as a
working committee to address concerns regarding the impacts to historical and
coastal resources that could result from double tracking along the existing rail
corridor proposed by Caltrans.
Written Communication: Report dated February 18, 2003, by William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building, reviewed the
staff recommendation.
Public Comment:
Richard Stowe, City resident, was opposed to the resolution and the Council
addressing issues outside of the City.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to adopt Resolution No. 03-02-18-02
entitled "A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AS A MEMBER OF THE SOUTH ORANGE COUNTY RAIL
WORKING GROUP (SOCRWG), FORMALLY ENDORSINGAN ENHANCED RAIL
SYSTEM IN THE SOCRWG REGION THAT RECOGNIZES, PRESERVES AND
PROJECTS NATIONAL, STATE, AND LOCAL COASTAL AND HISTORIC
RESOURCES OF THE REGION."
ORDINANCES: None
COUNCILIVIANIC ITEMS
DOWNTOWN VILLAGE MASTER PLAN BLUE RIBBON PANEL TASK
ASSIGNMENT APPROVED AND MEMBERS APPOINTED (400.20)
Project_Description: On January 7, 2003, the City Council directed that a City
Council Blue Ribbon Panel subcommittee comprised of Mayor Gelff and Council
Member Bathgate convene to develop a recommendation for implementing a
Downtown Village Master Plan Blue Ribbon Committee to consider the downtown
vitalization effort. The sub -committee recommended a task assignment,
composition of the Blue Ribbon Panel and retaining Daniel Icafano to facilitate the
Blue Ribbon Panel process.
Written Communication. Report dated February 18, 2003 by Mayor Gelff and
Council Member Bathgate, Council Sub -committee, on the Downtown Blue Ribbon
Panel.
City Council Minutes 5 2-18-03
Presentation: Mayor Gelff and Council Member Bathgate reviewed the Council Sub-
committee recommendation.
Public Comment:
Tori Haidinger, City resident, felt that a community workshop format would involve
more community residents and that Master Plan ideas should come from the public,
rather than a small panel.
Ken Haas, manager of the Capistrano Plaza, volunteered to serve on the panel.
Robert Cardoza, City resident, encouraged involvement of a facilitator.
Deborah Bodanski, Sarducci's Restaurant, suggested the owner of the Depot
building, Guy Edwards, as a possible panel member.
Council Comment:
Mayor pro tem Soto voiced concern over the poor track record of previous studies
involving facilitators.
Council Member Bathgate stated the panel would meet several times; and, that
Ralph Bertolino was not able to serve on the committee. She supported the use of
a facilitator to direct the process, ensure everyone is heard, and encourage full
discussion of the issues.
Council Member Swerdlin congratulated the subcommittee and stated he was not
supportive of using a facilitator, suggesting that a staff member could fulfill this
function.
Council Action: Moved by Council Member Bathgate, seconded by Council Member
Hart and carried unanimously, 5-0, to approve the task assignment to the Blue
Ribbon Panel; and appoint members to the Blue Ribbon Panel, to include (2)
Council Members (Bathgate and Soto), (1) Chamber of Commerce member
(President or designee), (1) Old Capistrano Merchants Association Member
(President or designee), (1) Mission San Juan Capistrano member (Gerry Miller or
designee), (5) property owners (Dave Busk, Steve Nordeck, Ted Stroscher, John
Collins and one appointed by Mayor), (5) residents (Mike Imlay, Bruce Tartarian,
Tom Bogdanski, Brad Gates and Orrie Brown), (1) Planning commissioner (Robert
Cardoza), (1) Design Review Committee Member (George Proctor), and (1) at -large
member (Mark Brodeur).
City Council Minutes 6 2-18-03
Moved by Council Member Bathgate and seconded by Council Member Hart and
carried unanimously, 5-0, to authorize the Mayor to appoint a Property
Owner/Business Representative to the Blue Ribbon Panel.
Consideration of retaining a facilitator was postponed.
1. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Foothill/Eastern Corridor (800.50): Swerdlin elected Vice Chair of Operations
Finance Committee for Foothill Eastern/Foothill South corridor.
Orange County Vector Control District (560.50): Vector of the month - Ground
Squirrel Fleas.
COUNCIL COMMENTS: None
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:37 p.m. to a
Regular meeting, Tuesday, March 4, 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,
R. MONAHAN, CITY CLERK
Approved: March 18, 2003
ATTEST:
City Council Minutes 7 2-18-03