03-0304_CC_Minutes_Regular MeetingMINUTES
March 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:
1. 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 one matter.
3. Pursuant to Government Code section 54956.9, the City Council conferred with its
legal counsel regarding the status of Concorde Development LP vs City of San Juan
Capistrano.
4. Pursuant to Government Code section 54956.9, the City Council conferred with its
legal counsel regarding the status of NASSEPA vs City of San Juan Capistrano.
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 7:00 p.m. in the City Council Chamber. Council Member
Hart led the Pledge of Allegiance to the Flag. Monsignor Paul Martin, Mission Basilica San
Juan Capistrano, gave the Invocation.
MEETING DEDICATION:
Mayor Gelff dedicated the March 4, 2003, City Council meeting to the men and women of
our armed forces who defend our freedom, and in particular, Captain Ryan Hart, United
States Marine Corps, recently deployed to the Middle East in preparation of a possible was
engagement with Iraq. Captain Hart is the son of Council Member Hart.
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
City Council Minutes 1 3-4-03
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
INTRODUCTIONS, PRESENTATION AND DONATIONS
TOM OSTENSEN RECOGNIZED FOR HIS CONTRIBUTIONS TO THE
COMMUNITY THROUGH THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION
(150.60)
The Fiesta de las Golondrinas is a month-long celebration with events focusing on
the history of our community and the generations who have devoted themselves to
making the city what it is today. The San Juan Capistrano Fiesta Association is a
group of volunteers who plan and implement the Annual Swallows Day parade and
all the events of the fiesta each year. Mayor Gelff recognized Tom Ostensen, EI
Presidente of the Fiesta Association for the past three years, for the volunteer hours
he committed to the residents of San Juan Capistrano to carry on the City's greatest
tradition.
2. PROCLAMATION DESIGNATING FEBRUARY 1, 2003 THROUGH APRIL 30,
2003, AS FIESTA DE LAS GOLONDRINAS (610.40)
Mayor Gelff presented a proclamation to Tom Ostenson, President of the Fiesta
Association, designating February 1, 2003 through April 30, 2003, as "Fiesta de las
Golondrinas."
3. NORMAN MICHAEL SIN CLAIR, CITY RESIDENT, AND DEPUTY THOM SPRATT
RECOGNIZED FOR THEIR HEROIC ACTIONS IN ACTING QUICKLY TO SAVE
THE LIFE OF A 15 -YEAR OLD BOY (610.40)
Lt. J. B. Davis recognized City resident, Norman Sinclair and Deputy Thom Spratt
for their heroic actions in acting quickly to save the life of a 15 -year old boy. Mayor
Gelff presented Sinclair and Spratt with Letters of Commendation.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Soto introduced the following persons in attendance: Angela Duzich,
Parks, Recreation and Equestrian Commission; Jan Siegel, Cultural Heritage
Commission; Bob Cardoza, Planning Commission; Les Blair, Council Liaison to the
City Council Minutes 2 3-4-03
Seniors; Joann de Guevara, Marie Buckner, and Howard Langhans, Housing
Advisory Committee; and, Jerry Miller, Executive Director of the Mission, San Juan
Capistrano.
ORAL COMMUNICATIONS:
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY):
Angela Duzich, City resident, asked the City Council to consider an urgency ordinance
placing a building moratorium on the Mission Hills neighborhood to allow Council time to
consider increasing the minimum lot size and requiring a conditional use permit for duplex
structures.
Council Member Bathgate suggested that staff return to Council with an analysis and
recommendation. City Manager, George Scarborough, responded that staff would report
to the Council at the April 1, 2003 meeting.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate
and carried unanimously, 5-0, to approve items 1, 2, and 4 through 10 approved as
recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 4, 2003, APPROVED
AS SUBMITTED.
3. WARRANTS DATED FEBRUARY 6, 2003, IN THE AMOUNT OF $1,688,751.06,
AND PAYROLL WARRANTS DATED FEBRUARY 13, 2003, IN THE AMOUNT OF
$241,760.17, 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: Hart, Swerd4in, Mayor pro tem Soto and
Mayor Gelff
NOES: COUNCIL MEMBERS; None
ABSTAIN: COUNCIL MEMBERS:
Bathgate
City Council Minutes 3 3.4-03
4. CHANGE ORDER NO. 1, IN THE AMOUNT OF $1,314.00, AND CHANGE ORDER
NO. 2, IN THE AMOUNT OF $3,644.44 APPROVED; RESOLUTION NO. 03-03-04-
01 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 HISTORIC TOWN CENTER PARK
RESTROOMS (FRIESS COMPANY BUILDERS, INC.);" THE CITY CLERK
DIRECTED TO PROCESS RECORDING OF THE PROJECT NOTICE OF
COMPLETION; AND, STAFF AUTHORIZED TO RELEASE THE 10% RETENTION,
IN THE AMOUNT OF $15,364.39,35 DAYS AFTER RECORDATION. (600.30)
5. LICENSE AGREEMENT APPROVED WITH SAN JUAN CAPISTRANO LITTLE
LEAGUE FOR USE OF CONCESSION STAND AT THE SAN JUAN CAPISTRANO
SPORT PARK FOR THE PERIOD OF MARCH 4, 2003, THROUGH AUGUST 15,
2003. (600.30)
6. LICENSE AGREEMENT APPROVED WITH CAPISTRANO GIRLS SOFTBALL
FOR USE OF CONCESSION STAND AT COOK PARK CORDOVA FOR THE
PERIOD OF MARCH 4, 2003, THROUGH AUGUST 2, 2003. (600.30)
7. CASH FUND BALANCES BY FUND - JANUARY 31, 2003, RECEIVED AND FILED.
(330.50)
8. REPORT OF INVESTMENTS, MONTH ENDING JANUARY 31, 2003, RECEIVED
AND FILED. (350.50)
9. EXTENSION APPROVED TO THE CITY STREET SWEEPING SERVICES
AGREEMENT WITH CALIFORNIA STREET MAINTENANCE FOR A PERIOD OF
ONE-YEAR COMMENCING MAY 1, 2003 AND ENDING APRIL 30, 2004, IN THE
AMOUNT OF $87,000. (600.30)
10. PERSONAL SERVICES AGREEMENT APPROVED WITH JANET MATSON TO
PROVIDE ELECTRONIC DOCUMENT MANAGEMENT SERVICES IN THE
AMOUNT OF $12,200. (600.30)
PUBLIC HEARINGS: - None
RECESS AND RECONVENE
Council recessed at 7:27 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:39 p.m.
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ADMINISTRATIVE ITEMS
G1. ENGINEERING DIRECTOR
a. MID -YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED FOR 2002-2003
AS PRESENTED (ATTACHMENT 1 OF STAFF REPORT). (330.40)
Project Description: Staff reviewed the approved 2002-2003 Capital Improvement
Budget in light of actual revenues to midyear and projected revenues to the end of
the fiscal year. Project changes based on increased costs, scheduled deferrals or
project additions are being recommended for approval as presented in Attachment
1 of the staff report.
Written Communication: Report dated March 4, 2003, by William M. Huber, Director
of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building, reviewed the
staff recommendation.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto
and carried unanimously, 5-0, to approve the Midyear Capital Improvement
Program for 2002-2003 as presented in Attachment 1 of the staff report.
G2. PLANNING DIRECTOR
a. DENSITY BONUS AGREEMENT AND RESTRICTIVE COVENANTS APPROVED
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND CASA DE AMMA INC.
(600.30)
Project Description: The applicant, Leatherby Family Offices, requested a Density
Bonus allocation for their proposed project to allow a maximum density of thirty-
three dwelling units per 1.263 acres. Staff recommends approving a Density Bonus
Allocation for the proposed project, and entering into a ten year affordability
agreement that would provide not less than 20% of all dwelling units in the project to
lower income households, and not less than 10% of all dwelling units in the project
to very low income households.
Written Communication: Report and Supplement Report dated March 4, 2003, by
Thomas Tomlinson, Director of Planning.
Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff
recommendation and reported that the applicant had agreed to extend the Density
Bonus Agreement from ten years to thirty-three years.
City Council Minutes 5 3-4-03
Council Comment:
The City Council welcomed Casa de Amma to the community and thanked them for
extending the agreement to thirty-three years.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
and carried unanimously, 5-0, to approve the Density Bonus Agreement and
Restrictive Covenants between the City of San Juan Capistrano and Casa de
Amma Inc.; and authorize the Mayor to execute the agreement.
G3. ADMINISTRATIVE SERVICES DIRECTOR
a. ORDINANCE INTRODUCED CREATING A WATER ADVISORY COMMISSION
(1050.60)
Project Description: In 1998, the Capistrano Valley Water District Board of
Directors formally established the Water Advisory Commission as a commission of
the water district. On March 3, 2003, the Capistrano Valley Water District was
dissolved and the Water Advisory Commission ceased to exist. Staff recommends
approving the first reading and introduction an ordinance to amend Title 2, Chapter
3 of the Municipal code to create the Water Advisory Commission as a commission
of the City with the same duties and responsibilities as formerly assigned by the
Capistrano Valley Water District.
Written Communication: Report dated March 4, 2003, by Cynthia L. Russell,
Director of Administrative Services.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2
(ADMINISTRATION), CHAPTER 2 (COMMISSIONS AND BOARDS) OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE - CREATION OF THE WATER
ADVISORY COMMISSION."
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Hart
and carried unanimously, 5-0, to approve introduction and first reading of the
Ordinance creating a Water Advisory Commission.
City Council Minutes 6 3-4-03
G4. CITY MANAGER
a CITY MANAGER AUTHORIZED TO EXECUTE THE JOINT MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN JUAN CAPISTRANO, THE
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, THE OLD
CAPISTRANO MERCHANTS ASSOCIATION, AND THE SAN JUAN CAPISTRANO
CHAMBER OF COMMERCE ESTABLISHING A FARMER'S MARKET IN THE
HISTORIC DOWNTOWN (600.30)
Project Descrigtion: The Old Capistrano Merchants Association (OCMA), a
partnership affiliate of the San Juan Capistrano Chamber of Commerce, developed
a proposal for a weekly "Farmers Market" in the historic downtown area. The
Farmer's Market will be independently operated by a Farmer's Market Manager,
who will be responsible forthe weekly set up, maintenance, and coordination of the
market and site. The Farmer's Market is scheduled start in April. Staff
recommends approving a Memorandum of Understanding between the Agency,
City, Old Capistrano Merchants Association and Chamber of Commerce
establishing the Farmer's Market.
Written Communication: Report dated March 4, 2003, by Mechelle Lawrence,
Economic Development Manager.
Letter received February 27, 2003, from Gary Thornberg, City business owner,
regarding proposed Farmer's Market.
Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the
staff recommendation. She reported the City will monitor the program for two 90 -
day periods to understand whether there are impacts to the downtown parking and
sales and bring back a report to Council in six months.
Public Comment:
Jonathan Volzke, City resident, supported the proposal, remarking that downtown
merchants were behind the effort to help local businesses.
Council Comment:
Mayor pro tem Soto requested continuous monitoring of impacts to allow for
adjustments to the program.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto
and carried unanimously, 5-0, to authorize the City Manager to execute the joint
memorandum of Understanding between the City of San Juan Capistrano, the San
Juan Capistrano Community Redevelopment Agency, the Old Capistrano
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Merchants Association, and the San Juan Capistrano Chamber of Commerce
establishing a Farmer's Market in the historic downtown.
ORDINANCES: None
COUNCILMANIC ITEMS
CITY MANAGER AUTHORIZED TO RETAIN DANIEL ICAFANO TO FACILITATE
THE BLUE RIBBON PANEL (400.20)
Project Description: On February 18, 2003, the City Council approved the
recommended task assignment tod the Blue Ribbon Panel and appointed members
to the Panel. During the meeting the City Council requested additional information
regarding the "scope of work" involved with meeting facilitation Staff is
recommending approval to retain Daniel Icafano to facilitate the Blue Ribbon Panel
vision process.
Written Communication: Report dated March 4, 2003, by Mechelle Lawrence,
Economic Development Manager. Supplemental Report dated March 4, 2003, by
George Scarborough, City Manger.
Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the
staff recommendation
Council Comment:
Mayor Gelff reported Ralph Bertolino would like to have Ron Cohen take his place
on the Blue Ribbon Panel.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to authorize the City Manager to retain Daniel
Icafano to facilitate the Blue Ribbon Panel Vision Process, for a cost of $13,975.
ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Foothill/Eastern Corridor (800.50): The Transportation Corridor Agency is on
schedule with environmental documentation and the formation of a joint powers to
combine the various corridor agencies.
City Council Minutes 8 3-4-03
Mayor pro tem Soto
Associated Seniors Action Program (ASAP) (595.60): Mayor pro tem Soto attended
a recent ASAP meeting and noted that ASAP Volunteers Rowlings, Blair and
Roberts had earned service pins.
Mayor Gelff
League of California Cities (140.20): Mayor Gelff noted a recent League proposal to
base membership representation on the population of each jurisdiction. Gelff
responded to the proposal with correspondence outlining other significant complex
issues that should be taken into account.
COUNCIL COMMENTS: - None
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:02 p.m. to a
Regular meeting, Tuesday, March 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,
1�
RET R. MONAHAN, CITY CLERK
: April 1, 2003
ATTEST:
City Council Minutes 9 3-4-03