03-0401_CC_Minutes_Regular MeetingMINUTES
April 1, 2003
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85)- None
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 Wyatt Hart led the Pledge of Allegiance to the Flag. Pastor Darrell Ward,
South Coast Christian Assembly, 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; 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
MEETING DEDICATION: Mayor Gelff dedicated the meeting to the Blue Star program,
a tradition started in World War I. Families with service personnel involved in a war,
placed a Blue Star in front of their homes until their family member returned from War.
Mayor Gelff presented a Blue Star to Council Member Hart, for his home for the safe
return of his son, Captain Ryan Hart, United States Marine, who is involved in the War
with I raq.
INTRODUCTIONS, PRESENTATION AND DONATIONS
JIM SIEGER, PRINCIPAL AT MARCO FORSTER MIDDLE SCHOOL,
RECOGNIZED FOR HIS CONTRIBUTIONS TO THE YOUTH AND FAMILIES
OF SAN JUAN CAPISTRANO (610.40)
Mayor Gelff and Al King, Jr., Community Services Director recognized Jim
Sieger, Principal of Marco Forster Middle School, presenting Sieger with a
Certificate of Appreciation for his contributions to the community.
04-01-03
2. 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; Gene Ratcliffe, Planning
Commission; Jan Siegel, Cultural Heritage Commission; Marie Buckner and
Joann de Guevara, Housing Advisory Committee; Tom Ostensen, President of
the Fiesta Association; and Les Blair, Liaison to the San Juan Seniors. Mayor
Gelff announced Tony Brown's birthday.
ORAL COMMUNICATIONS:
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY):
Tom Ostensen, President of the Fiesta Association, thanked and recognized the
Council, Staff and community for their support to the Fiesta Association in coordinating
the 45th Annual Fiesta de las Golondrinas.
Jan Siegel, City resident, announced that an event featuring local San Juan Capistrano
authors and hosted at the San Juan Capistrano Regional Library (La Sala) would be
held on April 12, 2003 from 2 to 4 p.m. She requested continued support from the City
and community.
The following Oral Communications were received at approximately 8:50 p.m. after the
meeting was adjourned:
Saundra Hoyal, San Clemente resident, spoke regarding Consent Calendar item D8
and felt that grading and work underway in her neighborhood was being performed by
unqualified people with inadequate insurance.
Jim Bochniarz, San Clemente resident, spoke regarding Consent Calendar item D8 and
asked the Council to investigate staff involvement regarding access to a neighboring
property.
George Scarborough, City Manager, requested that the speaker provide more detailed
information regarding the incident so that it could be investigated.
CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Council Member
Hart and carried unanimously, 5-0, to approve items 1, 2, 4 through 8 and 10 as
recommended by Staff.
3. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
4. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 4, 2003,
APPROVED AS SUBMITTED.
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5. WARRANTS DATED MARCH 6, 2003, IN THE AMOUNT OF $692,560.76, AND
PAYROLL WARRANTS DATED MARCH 13, 2003, IN THE AMOUNT OF
$230,146.86, 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, Swerdlin, Mayor pro tem Soto and
Mayor Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
6. CASH FUND BALANCES BY FUND - FEBRUARY 28, 2003, RECEIVED AND
FILED. (330.50)
7. REPORT OF INVESTMENTS, MONTH ENDING FEBRUARY 28, 2003,
RECEIVED AND FILED. (350.50)
8. PLANS AND SPECIFICATIONS APPROVED FOR THE EMERGENCY
GENERATOR ELECTRICAL CONNECTIONS PROJECT; AND, CITY CLERK
AUTHORIZED TO SOLICIT BIDS. (600.30)
9. PLANS AND SPECIFICATIONS APPROVED FOR THE MISSION SAN JUAN
CAPISTRANO CERAMICS CENTER SEWER CONNECTION; AND STAFF
AUTHORIZED TO RECEIVE BIDS. (600.30)
10. PERSONAL SERVICES AGREEMENT WITH STEWART & ASSOCIATES
RATIFIED FOR REPAIRS OF THE SOUTH OPEN SPACE LANDSLIDE IN THE
AMOUNT OF $22,000; AND, THE MAYOR AUTHORIZED TO SIGN THE
AGREEMENT. (600.30)
11. RESOLUTION NO. 03-04-01-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "TWO HOUR PARKING - 7 A.M. TO 12
MIDNIGHT" ON THE WEST SIDE OF ALIPAZ STREET SOUTH OF DEL
OBISPO." (570.30)
Mayor pro tem Soto thanked the Engineering Staff and the Transportation
Commission for supporting this request. He noted that area neighbors had
requested that the new parking restrictions be enforced.
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ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Mayor pro tem
Soto and Mayor Gelff
NOES: COUNCIL MEMBERS: None
12. AMENDED PERSONAL SERVICES AGREEMENT APPROVED WITH BON
TERRA CONSULTING FOR ADDITIONAL ENVIRONMENTAL TESTING AND
PERMITS FOR THE VEREDA BIKEWAY UNDERCROSSING OF THE LOSSAN
RAIL CORRIDOR IN THE AMOUNT OF $21,978. (600.30)
PUBLIC HEARINGS: None
RECESS AND RECONVENE
Council recessed at 7:21 p.m. to convene to the San Juan Capistrano Community and
Redevelopment Agency meeting and reconvened at 7:27 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. CITY COUNCIL DECISION OF MARCH 18, 2003, RATIFIED TO TERMINATE
THE LICENSE AGREEMENT WITH LA PATA EQUESTRIAN, LLC. (600.30)
Project Description: At the May 21, 2002 meeting, the City Council approved a
License Agreement with La Pata Equestrian Center, LLC. For use of Lots A & B
of Tract No. 12633 for equestrian uses. The License Agreement allowed either
party to terminate the Agreement unilaterally and without cause by give the other
part a 90 -day notice. At the March 18, 2003 meeting, the City Council voted
during closed session and subsequently announced after closed session to
terminate the Agreement. Staff recommends ratifying the City Council decision
of March 18, 2003, to terminate the License Agreement
Written Communication: Report, Supplemental Report and Project History dated
April 1, 2003, by Douglas D. Dumhart, Principal Management Analyst.
Presentation: George Scarborough, City Manager presented a brief overview of
the history of Love Livestock and La Pata Equestrian Center, LLC. Douglas D.
Dumhart, Principal Management Analyst, made a presentation and reviewed the
staff recommendation.
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Public Comment:
Mike Sinclair, City resident, asked the Council to keep the facility open due to the
scarcity of local stable facilities.
John Riordin, City resident, felt that the staff report did not properly reflect site
conditions. He asked that the facility be cleaned up and be kept open.
Council Comment:
Council Members supported termination of the License agreement and future
equestrian facility on site once environmental issues are addressed.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to ratified the City Council's March 18,
2003 decision to terminate the License Agreement with La Pata Equestrian
Center, LLC.
G2. PLANNING DIRECTOR
a. STAFF DIRECTED TO PREPARE AN URGENCY ORDINANCE TO ADDRESS
MAINTAINING THE CHARACTER OF THE MISSION HILLS/MISSION FLATS
NEIGHBORHOOD AND RETURN ITEM TO THE APRIL 15, 2003, CITY
COUNCIL MEETING (460.30)
Project Description: A resident of Don Juan Street requested that the City
Council impose an interim urgency ordinance to preclude the development of
duplex units within the neighborhood commonly known as "Mission Hills/Mission
Flats." Concerns were expressed that the narrow street width of the area posed
a safety hazard because they could not handle development of this type. Staff
completed their initial analysis and recommend denying the request.
Written Communication: Report and Supplemental Report dated April 1, 2003, by
Thomas Tomlinson, Planning Director.
Letter, dated March 31, 2003, from Jane Lohrback, stating lack of consistency in
development of the Mission Residential District.
Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Public Comment:
Richard Hill Adams, City resident, said that the request for an urgency ordinance
was in response to his proposed project of duplexes. He provided architectural
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drawing of the proposal and felt the proposed units fit well into the neighborhood
and responded to the zoning requirements.
Michael Moyles, City resident, thanked the Council for parking restrictions on EI
Camino Real, and felt the proposed project was not appropriate for the
neighborhood.
Angela Duzich Rohde, City resident, asked the Council to protect the
neighborhood character and referred to similarities with the "McCracken Hill"
urgency ordinance.
Orrie Brown, City resident, supported an urgency ordinance and felt that the
zoning did not reflect the neighborhood character.
Ed Nunez, City resident, felt the proposed buildings did not fit with the
surroundings and was concerned with traffic.
Dusty Otera, City resident, felt the proposed development was appropriate.
John Shaw, City Attorney, reported that adoption of an urgency ordinance would
withhold processing of current applications, allowing time for a density study.
Council Comment:
Council Member Hart supported the request and was concerned that duplex
projects would be incompatible with this neighborhood. He ascertained that a
special zoning designation for the area could be developed including specific
standards for architectural design.
Council Member Swerdlin, a proponent of strong neighborhoods, suggested an
amendment to the general plan to eliminate duplexes in the area and protect the
architectural integrity.
Council Member Bathgate felt it was important to retain the neighborhood
integrity favoring an urgency ordinance and the 45 days it would provide to study
issues of density, design and zoning standards.
Mayor pro tem Soto felt the applicant had met all the criteria for his project and
suggested the City work with residents and the applicant to seek a workable
solution.
Mayor Gelff favored an interim urgency ordinance.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Hart and carried unanimously, 5-0, to direct staff to prepare an urgency
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ordinance to address maintaining the character of the neighborhood, and
returning the item to the City Council meeting of April 15, 2003.
ORDINANCES: None
COUNCILMANIC ITEMS
1. ROBERTO BRUTOCAO, MORTON SMITH AND RETIRED CAPTAIN
LAWRENCE KRAMER APPOINTED TO THE TRANSPORTATION
COMMISSION AND TWO VACANCIES DECLARED ON THE
TRANSPORTATION COMMISSION (110.20)
Description: The subcommittee for Annual Appointments to Commissions,
Boards and Committees, were able to fill only three of the five positions on the
Transportation Commission during this year's process. Staff recommends
declaring two vacancies on the Transportation Commission; and, direct the City
Clerk to advertise the vacancies and solicit applications to fill the positions.
Written Communication: Report dated April 1, 2003, by Cristi J. Silverberg,
Community Liaison.
Presentation: Meg Monahan, City Clerk, announced Robert Brutocao, Morton
-- Smith and Retired Captain Lawrence Kramer appointed to the Transportation
Commission.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart and carried unanimously, 5-0, to appoint Roberto Brutocao, Morton
Smith and Retired Capital Lawrence Kramer to the Transportation Commission,
declare two vacancies on the Transportation Commission; and, direct the City
clerk to prepared and post appropriate public notices to solicit applications to fill
the vacancies.
2. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Foothill/Eastern Corridor (800.50): The TCA will host a "Native Habitat" series in
April and May that includes tours, on a reservation basis only. Reservations may
be made by calling the TCA at (949) 754-3405.
Mayor pro tem Soto
Associated Seniors Action Program (ASAP) (595.60) Mayor pro tem Soto
attended a recent ASAP meeting and thanked the volunteers, on behalf of the
Council, for their contributions to the Fiesta de las Golondrinas.
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COUNCIL COMMENTS:
Council Member Swerdlin thanked Lt. J.B. Davis for a recent tour of the Sheriff's training
facility.
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:59 p.m. to a
Regular meeting, Tuesday, April 15, 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,
Rf-
ET
R. MONAHAN, CITY CLERK
proved: May 6, 2003
ATTEST:
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