03-0318_CC_Minutes_Regular MeetingMINUTES
March 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(b)(1) & (c), the City Council
conferred with its legal counsel regarding one matter.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Gelff called the Regular
Capistrano, California, to order
Member Hart led the Pledge of
the Invocation.
ROLL CALL
Meeting of the City Council of the City of San Juan
at 7:00 p.m. in the City Council Chamber. Council
Allegiance to the Flag. Council Member Swerdlin gave
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; Omar Sandoval, Deputy 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, Maria Guevara, Secretary.
ANNOUNCEMENT OF CLOSED SESSION - Omar Sandoval, Deputy City Attorney,
reported the City Council voted 5-0 to terminate the license agreement with licensee.
3-18-2003
INTRODUCTIONS, PRESENTATION AND DONATIONS
PRESENTATION TO SAN JUAN SENIORS' CLUB (610.40)
Mayor Gelff presented Certificates of Appreciation to Sylvia and Max Chance,
Co -Chairs of the San Juan Seniors, who were recognized by Al King, Jr.,
Community Services Director, along with Les Blair, Liaison to the Seniors; and
Elaine Tracy, Senior Citizen Program Coordinator.
2. PRESENTATION BY SDG&E REGARDING A PROPOSED SUBSTATION
(610.40)
Mayor Pro -tem Soto abstained from viewing the presentation due to the location
of sites being discussed.
Duane Cave of SDG&E made a presentation regarding potential sites for location
of a proposed substation. Two of the sites are within city limits.
Correspondence, dated December 12, 2003, from Mayor Gelff to Sempra Energy
Utilities, concerning these proposed locations was provided to the Council and
public.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Soto introduced the following persons in attendance: Bob
Cardoza, Planning Commission; Janet Siegel, Cultural Heritage Commission;
Howard Langhans, Marie Buckner and Joann de Guevara, Housing Advisory
Committee; Les Blair, Council Liaison to the San Juan Seniors and James
Littlejohn, Executive Director of the Boys and Girls Club.
ORAL COMMUNICATIONS:
Claudia Goodwin, City Resident, commented on the parking problems in her
neighborhood due to restricted parking regulations. She suggested that Community
Redevelopment Agency property be used to provide parking.
William Huber, Engineering and Building Director, provided Goodwin with her
neighborhood's permit parking information.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin
and carried unanimously, to approve items 1 through 7 and 9 through 11 as
recommended by staff.
2 3-18-2003
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 18, 2003,
APPROVED AS SUBMITTED.
3. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED.
(440.10)
4. WARRANTS DATED FEBRUARY 20, 2003, IN THE AMOUNT OF $230,146.86,
AND PAYROLL WARRANTS DATED FEBRUARY 27, 2003, IN THE AMOUNT
OF $230,146.86, RECEIVED AND FILED. (300.30)
5. MINUTES FROM THE FINAL MEETING OF FEBRUARY 4, 2003 OF THE
BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT,
APPROVED AS SUBMITTED.
6. FINAL CLOSEOUT AGREEMENT WITH ALL AMERICAN ASPHALT
APPROVED AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT; CONTRACT CHANGE ORDER #1, IN THE AMOUNT OF
$360.00 APPROVED; RESOLUTION NO. 03-03-18-01 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR CITY STREET REPAIRS, 2000-2001 (ALL AMERICAN
ASPHALT);" 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 $59,896.04,35 DAYS
AFTER RECORDATION. (600.30)
7. PLANS AND SPECIFICATIONS FOR CITY STREET REPAIRS, 2002-2003
APPROVED; AND, STAFF AUTHORIZED TO RECEIVE BIDS (CIP NO. 119).
(600.30)
8. CONSIDERATION OF PLANS AND SPECIFICATIONS FOR ORTEGA
HIGHWAY & VIA CORDOVAIHUNT CLUB DRIVE TRAFFIC SIGNAL: STAFF
DIRECTED TO RETURN TO COUNCIL WITH FURTHER ANALYSIS OF
RELATED ISSUES (CIP NO. 106). (600.30)
Project Description: Plans and specifications were prepared for installation of a
traffic signal at the intersection of Ortega Highway & Via Cordova/Hunt Club
Drive. The project elements include traffic signal equipment (including signal
poles and mast arms, controller cabinet, traffic loop detectors, etc.), street lights,
sidewalk, wheelchair ramps, curb, gutter, and other necessary appurtenances.
Staff requested approval and authorization to receive bids.
Written Communications: Report dated March 18, 2003, from William M. Huber,
Engineer and Building Director.
3 03-18-2003
Council Comments: Council Members concurred that additional information
related to vehicle stacking needs at the Hunt Club gated entry and equestrian
safety was needed before the plans and specifications could be approved. In
addition, Council requested notification of the Cordova neighborhood.
9. FEE REDUCTIONS FOR TWO SAN JUAN COMMUNITY TASK FORCE
EVENTS APPROVED: 95% ($560) FACILITY RENTAL FEES FOR A
COMMUNITY FORUM AT THE COMMUNITY CENTER, MAY 2, 2003; AND,
100% ($110) OF ATHLETIC FIELD RENTAL FEE FOR A COMMUNITY
"EGGSTRAVAGANZA" EVENT AT THE SAN JUAN CAPISTRANO SPORTS
PARK, SATURDAY, APRIL 19, 2003. (390.30)
10. RESOLUTION NO. 03-03-18-02 ENTITLED "A RESOLUTION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PUBLIC WATER
FACILITIES, RELEASING RELATED SURETY BOND, AND AUTHORIZING
ISSUANCE OF A NOTICE OF COMPLETION FOR PUBLIC WATER
FACILITIES" ADOPTED; AND CITY CLERK DIRECTED TO PROCESS
RECORDATION OF THE NOTICE OF COMPLETION WITHIN THE SUBJECT
PROPERTY (TRENDMAKER DEVELOPMENT, INC.)(PARCEL MAP 2001-143).
600.30)
11. CITY COUNCIL POLICY, ESTABLISHING PROVISIONS FOR THE USE OF
THE DOWNTOWN DEPOT KIOSK FOR THE DISBURSEMENT OF
INFORMATION AND PROMOTIONAL MATERIALS, APPROVED. (610.30)
PUBLIC HEARINGS:
URGENCY ORDINANCE NO. 875 ADOPTED, EXTENDING INTERIM
URGENCY ORDINANCE NO. 862 ESTABLISHING INTERIM OVERLAY
DISTRICT REGULATIONS WITH AN AREA COMMONLY REFERRED TO AS
"MCCRACKEN HILL" (410.50)
Prosect Description_ On April 16, 2002, the City Council adopted an interim
urgency ordinance establishing Interim Overlay District Regulations for the
"McCracken Hill" neighborhood. On May 21, 2002, the City Council adopted an
extension for a period of ten (10) months and fifteen (15) days. Staff
recommends the City Council adopt an ordinance that would serve to extend the
regulations for an additional twelve (12) months, to allow sufficient time to
conduct a specific zoning study.
Written Communications: Report dated March 18, 2003, from Thomas
Tomlinson, Director of Planning.
Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff
recommendation.
4 03-18-2003
Mayor Gelff opened the public hearing.
Public Testimony:
Richard Hill Adams, City Resident, supported extension of the interim ordinance.
Mayor Gelff closed the public hearing.
Meg Monahan, City Clerk read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE
NO. 862 ESTABLISHING INTERIM OVERLAY ZONING REGULATIONS FOR A
CERTAIN AREA OF THE CITY COMMONLY REFERRED TO AS
"MCCRACKEN HILL"
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to adopt Urgency Ordinance No. 875
extending Interim Urgency Ordinance No. 862, establishing interim overlay
district regulations for single-family residential construction on lots located in the
area commonly known as "McCracken Hill".
2. RESOLUTION NO. 03-03-18-03 ADOPTED ESTABLISHING AN ANNUAL
NUMERICAL LIMIT OF 155 RESIDNTIAL BUILDING PERMITS FOR
CALENDAR YEARS 2004-2006; AND, RESOLUTION NO. 03-03-18-04
ADOPTED ESTABLISHING A RESIDENTIAL ALLOCATION SCHEDULE FOR
CALENDAR YEARS 2003-2006 (RESIDENTIAL GROWTH MANAGEMENT
PROGRAM) (440.50)
Council Member Bathgate abstained from this item due to potential conflict.
Project Description: The City's Growth Management of the Land Use Code
requires that an annual numerical limit on the number of residential building
permits to be issue for each of the following years be established. The City is
also required to establish the specific number of residential building permits for
the same period. Staff recommends approval of an annual Numerical Limit of
155 residential building permits and a Residential Allocation Schedule for
residential subdivisions.
Written Communications: Report dated March 18, 2003, from Thomas
Tomlinson, Planning Director. Letter dated March 17, 2003, from Dennis D.
O'Neil, attorney for SJD Partners, commented their prior rights to building permits
for the Pacifica San Juan project, set forth in the Pacifica San Juan Development
Agreement.
03-18-2003
Presentation: Thomas Tomlinson, Planning Director, 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 Swerdlin, seconded by Mayor Pro -
tem Soto and carried, 4-0-1, to adopt RESOLUTION NO. 03-03-18-03
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NUMERICAL LIMITS FOR
CALENDAR YEARS 2004 THROUGH 2007 (RESIDENTIAL GROWTH
MANAGEMENT PROGRAM) FOR RESIDENTIAL BUILDING PERMITS;" and,
RESOLUTION NO. 03-03-18-04 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING THE GROWTH MANAGEMENT RESIDENTIAL ALLOCATION
SCHEDULE FOR CALENDAR YEARS 2003 THROUGH 2006 (RESIDENTIAL
GROWTH MANAGEMENT PROGRAM) FOR INDIVIDUAL RESIDENTIAL
SUBDIVISIONS."
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS:
RECESS AND RECONVENE
Hart, Swerdlin, Mayor Pro -tem Soto and
Mayor Gelff
None
Bathgate
Council recessed at 7:41 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:42 p.m.
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. PURCHASE OF CITY VEHICLES: BIDS AWARDED THROUGH THE STATE
OF CALIFORNIA CONTRACT NO. 1-03-23-20 TO COALINGA MOTORS, INC.
($19,460.47); JAMISON AUTO CENTER (17,062.06); AND SENATOR FORD
(21,920.85) (370.30)
6 03-18-2003
Project Descri tp ion: Staff recommends replacement of City vehicles according to
a vehicle replacement assessment, which projects vehicle replacements and
amortizes the replacement costs based on their useful and cost effective lives.
The 2002/2003 Budget approved the purchase of three vehicles. Staff
recommends purchasing these vehicles from Coalinga Motors, Jamison Auto
Center and Senator Ford, under California Contract No. 1-03-23-20.
Written Communication: Report dated March 18, 2003, from Ami Amirani, Public
Works Director.
Presentation: Amy Amirani, Public Works Director, reviewed the staff
recommendation.
Council Action: Moved by Mayor Pro -tem Soto, seconded by Council Member
Bathgate and carried unanimously, 5-0 to approve purchase of Fiscal Year 2002-
2003 city vehicles through the State of California contract No. 1-03-23-20 from
Coalinga Motors, Inc., in the amount of $19,460.47; Jamison Auto Center, in the
amount of $17,062.06; and Senator Ford, in the amount of $21,920.85.
G2. ENGINEERING AND BUILDING DIRECTOR
- a. TRAFFIC CONGESTION RELIEF PROGRAM ADOPTED; MAYOR GELFF AND
MAYOR PRO -TEM SOTO APPOINTED TO SERVE ON AN AD HOC
PROGRAM REVIEW COMMITTEE; AND, COUNCIL POLICY "TRAFFIC
CONGESTION RELIEF PROGRAM" APPROVED (590.601610.30)
Project Description: The City Strategic Plan adopted by the City Council in
October 2002 focused on diverting traffic away from the City. To augment the
Strategic Plan, it is important to have in place a program that deals with
congestion relief to our local streets. Staff believes that the best method to
accomplish the development of such a program is to review current and
projected near term (7 years) traffic impacts to the circulation system in order to
identify high priority areas. Staff recommends initiation of a comprehensive
Traffic Congestion Relief Program, appointment of two Council Members to
serve on an Ad Hoc Committee to guide the efforts, and adoption of a Council
Policy to provide guidance to staff in establishing a uniform procedure for
evaluating traffic congestion, determining priorities and programming of
improvement funds.
Written Communication: Report dated March 18, 2003, by William M. Huber,
Engineering and Building Director.
Presentation: William M. Huber, Engineering and Building Director, reviewed the
staff recommendation.
03-18-2003
Public Comment:
Tammy McIntyre, City resident, suggested having a community member on the
ad hoc committee.
Dusty Otero, City resident, felt that a resident should be on the ad hoc
committee.
Lucienne Austin, City resident, recommended that a resident, Transportation
Commissioner and Planning Commissioner should be part of the ad hoc
committee.
Council Comment:
Council discussion resulted in support for the staff recommendation and potential
future consideration of expanding the membership of the newly formed ad hoc
program review committee.
Council Action: Moved by Mayor Gelff, seconded by Council Member Hart and
carried unanimously 5-0, to adopt the Traffic Congestion Relief Program; appoint
Mayor Gelff and Mayor pro tem Soto to serve on the ad hoc program review
committee; and, approve Council Policy "Traffic Congestion Relief Program".
G3. ADMINISTRATIVE SERVICES DIRECTOR
a. BUDGET CONTINGENCY PLAN FOR FISCAL YEAR 2003-04 IN RESPONSE
TO THE PROPOSED STATE BUDGET REDUCTIONS, NO ACTION TAKEN
(330.20)
Project Description: The State of California anticipates significant budget
shortfalls that will likely impact service levels of local governments. The full
impact and extent is unknown and will likely remain unknown until after the City's
Fiscal Year 2003-04 budget is adopted. In addition, a court decision remains
pending that could further reduce future revenues associated with property taxes.
In order to adequately prepare for these potential impacts, Staff prepared a list of
cost reductions and associated impacts to service levels. The list includes
reduction or elimination of current programs. Staff recommends that the City
Council initiate discussion of these items in order to prioritize reductions, should
they be necessary.
Written Communications: Report dated March 18, 2003, from Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
8 03-18-2003
Council Comment:
Council Member Swerdlin itemized programs that he felt were important to the
community. In particular, he expressed a reluctance to reduce City funding of
Boys & Girls Club and San Juan Elementary School After School programs.
Council Member Hart felt that continued funding of public safety was a high
priority and he considered the Boys and Girls Club programs an extension of
public safety.
Mayor pro tem Soto agreed with Council Member Hart.
Council Members concurred to continue discussion in one month.
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate and carried unanimously, 5-0, to schedule continued discussion for
April 15, 2003.
ORDINANCES:
1. ORDINANCE NO. 876 ADOPTED CREATING A WATER ADVISORY
COMMISSION (1050.60)
Promect Description: First reading and introduction of an ordinance creating a
Water Advisory Commission (Title 2, Chapter 2) was approved on March 4,
2003. The Ordinance is presented for adoption.
Written Communications: Report dated March 18, 2003, from Meg Monahan, City
Clerk.
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 Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to adopt Ordinance 876 creating the
Water Advisory Commission.
9 03-18-2003
COUNCILMANIC ITEMS
1. APPOINTMENTS TO COMMISSIONS, BOARD AND COMMITTEES (110.20)
Council Mayor Gelff, representing the City Council subcommittee to review
annual appointments to Commissions, Boards and Committees, presented the
subcommittee's recommendation.
Moved by Council Member Hart, seconded by Council Member Swerdlin and
carried unanimously, 5-0, to appoint the following individuals to committees and
commissions, as recommended by the City Council subcommittee, term ending
March 31, 2004; and postpone appointments to the Transportation Commission.
CULTURAL HERITAGE COMMISSION: Jess Anne Andrews, David Belardes,
Tony Forster, Lorie Porter, Janet Siegel, Mozelle Sukut, Don Tryon.
PARKS, RECREATION AND EQUESTRIAN COMMISSION: Ilse Byrnes, Angela
Duzich, Victoria Haidinger, Jill Hanna, Kathy Hooper.
HOUSING ADVISORY COMMITTEE: Marie Buckner, Joan de Guevara, Michelle
Knorre, Howard Langhans, David Nahas, and Derwood Crocker.
WATER ADVISORY COMMISSION: Lawrence Gallery, Karl Hirsch, Thomas
Lytle, Daniel Merkle, and Tony Soto
DESIGN REVIEW COMMITTEE: Jeff Parkhurst, Member at Large; and two
members are appointed by the Planning Commission from among Planning
Commissioners.
The Council Sub -Committee recommended the following appointments be
approved: Hart/Swerdlin, 4-0-1 (Bathgate: Abstain):
PLANNING COMMISSION: Robert Cardoza, Sheldon Cohen, Timothy Neely,
George Proctor, and Gene Ratcliffe
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Mayor pro tem Soto and
Mayor Gelff
►C•Ti1�
Bathgate
10 03-18-2003
2. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Orange County Vector Control District (560.50): The Vector of the Month: Biting
Stable Fly.
3. COUNCIL COMMENTS:
Mayor pro tem Soto enjoyed the EI Presidente Ball and thanked the Fiesta
Association for their contributions. He announced upcoming Fiesta de las
Golondrinas events: Return of the Swallows, March 19th; Hoo's Gow Day, March
21St; and the Swallows Day Parade, March 22"d
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:26 p.m. to a
Regular meeting, Tuesday, April 1, 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
: April 15, 2003
ATTEST:
11 03-18-2003