03-0805_CC_Minutes_Regular MeetingMINUTES
August 5, 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 7.02 p.m. in the City Council Chamber. Captain Ryan
Hart led the Pledge of Allegiance to the Flag and 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: Pam Gibson, Interim City Manager; John Shaw, City Attorney; Meg
Monahan, City Clerk; Cynthia L. Russell, Interim Assistant City Manager/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; Sgt. Gil Garcia, Police Services; and, Dawn Schanderl, Deputy City
Clerk,
ANNOUNCEMENT OF CLOSED SESSION - None
INTRODUCTIONS, PRESENTATION AND DONATIONS
1. IISE BYRNES RECOGNIZED FOR HER MAJOR CONTRIBUTIONS TO THE
COMMUNITY AND PRESENTED WITH THE MAYOR'S AWARD FOR 2003
COMMUNITY SERVICE LEADER OF THE YEAR. (610.40)
Mayor Gelff recognized Ilse Byrnes for her contributions to the community and
presented her with the Mayor's Award for 2003 Community Service Leader of the
Year.
2. LILY FREYGANG, CHRISTINE HASIRCOGLLU, AND GENEVA LETO
RECOGNIZED FOR THEIR COMMUNITY SERVICE CONTRIBUTIONS AND
FOR RECEIVING THE GOLD AWARD FROM THE GIRL SCOUTS OF
AMERICA. (610.40)
08-05-2003
Mayor Gelff and Cynthia L. Russell, Interim Assistant City Manager, recognized
Lily Freygang, Christine Hasirgoglu, and Geneva Leto for their community service
contributions and for receiving the Gold Award from the Girls Scouts of America.
3. PARAMEDICS AND STAFF OF MEDIX AMBULANCE SERVICE RECOGNIZED
FOR THEIR DEDICATION TO THE RESIDENTS OF THE COMMUNITY.
(610.40)
Mayor Gelff recognized the paramedics and staff of Medix Ambulance Service for
their dedication to the residents of the community.
4. PRESENTATION BY THE YOUTH ADVISORY BOARD RECEIVED AND FILED.
(610.40)
Maricella Moreno, Recreation Coordinator, and Christine Hasirgoglu, Youth
Advisory Board Chair, presented the activities and accomplishments of the city's
first Youth Advisory Board.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
The following groups and individuals were present and recognized by Mayor pro
tem Soto: Boy Scout Troop 724; Ilse Byrnes, Tori Haidinger, and Jill Hanna,
Parks Recreation and Equestrian Commission; Joann de Guevara, Marie
Buckner, and Howard Langhans, Housing Advisory Committee; Jean Ratcliffe,
Planning Commission; Don Tryon, Cultural Heritage Commission; Tony Soto,
Water Advisory Commission: and Brian Beeman, Transportation Commission.
ORAL COMMUNICATIONS:
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY):
Erin Kutnick, 31271 Avenida Terramar, urged a proactive approach to the recent violent
attack of Marines within the city.
Captain Ryan Hart, 28451 Ortega Highway, son of Council Member Hart, thanked the
community for their support and encouragement during his active duty in the Iraqi
Freedom mission.
Kim Gould, Laguna Niguel, expressed concerns regarding maintenance of the city's
equestrian trail access.
Ilse Byrnes, 30500 Hilltop Way, supported stronger consequences for removal of
historic structures and trees.
Gail Kukow, 28472 Calle Pinon, San Juan Capistrano Equine Coalition, discussed a
blocked equestrian trail and the need to preserve trail access.
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w Luis Artoro Guevara, 31277 Calle San Juan, was concerned about negative remarks
directed at the city's Latino community, related to the recent violent attack of Marines
within the city.
Sergeant Garcia, present in place of Lt. J. B. Davis, Chief of Police Services, reported
that the Orange County Sheriff's Department was actively involved in investigating the
violent attack of Marines.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member Soto,
and carried unanimously to approve Consent Calendar items 1 through 4, 6, 7 and 10
approved as submitted by staff:
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF JULY 1, 2003, APPROVED AS
SUBMITTED.
3. REVISED MINUTES FROM THE ADJOURNED REGULAR MEETING OF MAY
19, 2003, APPROVED AS SUBMITTED.
4. AGREEMENT WITH PAMEL GIBSON FOR INTERIM CITY MANAGER
SERVICES, IN THE AMOUNT OF $11,000 MONTHLY, TERMINATING ON
NOVEMBER 15, 2003, APPROVED (600.30)
5. WARRANTS DATED JULY 10, 2003, IN THE AMOUNT OF $1,035,469.80;
AND, PAYROLL WARRANTS DATED JULY 3, 2003, IN THE AMOUNT OF
$250,159.30, RECEIVED AND FILED. (300.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
Moved by Council Member Hart, seconded by Council Member Soto, and carried
4-0-1 to receive and file warrants dated July 10, 2003, in the amount of
$1,035,469.80; and payroll warranted dated July 3, 2003, in the amount of
$250,159.30.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
Hart, Swerdlin, Mayor pro tem Soto and
Mayor Gelff
Ihilrem
Bathgate
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6. REPORT OF INVESTMENTS, MONTH ENDING JUNE 30, 2003, RECEIVED
AND FILED; AND, CITY CLERK DIRECTED TO FORWARD THE REPORT TO
THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION.
(350.50)
7. RESOLUTION NO. 03-08-05-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY
FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING
SIGNATURES AND REPEALING RESOLUTION NO. 02-12-03-02." (320.10)
8. AGREEMENT APPROVED WITH WEBB COMMUNITY MANAGEMENT, INC.,
FOR ADMINISTRATION OF THE CAPISTRANO VILLAS 1, 11 AND III FOR
OVERNIGHT PARKING BY PERMIT PROGRAM; AND A STICKER
REPLACEMENT POLICY APPROVED FOR THE ADMINISTRATION OF THE
PROGRAM (600.30)
Project Description: The city contracts for services to maintain a parking
program at the Capistrano Villas 1, II and III. This is the annual review for
approval of the agreement.
Mayor pro tem Soto expressed concern that this and other neighborhood parking
programs are adding vehicular parking to other city streets.
Council Member Bathgate suggested and Council Members concurred, that the
Council Traffic Congestion Ad Hoc Committee review the parking overflow.
Council Action: Moved by Council Member Hart, seconded by Council Member
Soto and carried unanimously to approved an agreement with Webb Community
Management, Inc. (Webb) for administration of the Capistrano Villas I, II and III
overnight parking by permit program for a one-year period beginning September
17, 2003 through September 16, 2004 for $1,450 per month, plus certain
expenses; authorize the City Manager to execute the agreement; and approve
the establishment of policy for administration of the program whereby stickers for
the program are replaced every second year with a renewal of existing stickers to
occur in the interim year(s).
9. MULTI-YEAR AGREEMENT APPROVED WITH PICTOMETRY
INTERNATIONAL CORPORATION. (600.30)
This item was voted on separately to allow Mayor pro tem Soto to oppose the
agreement.
Council Action: Moved by Council Member Hart, seconded by Mayor Gelff and
carried 4-1-0 to approve execution of a multi-year license agreement with
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Pictometry International Corporation; and the City Manager authorized to execute
the agreement.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
Hart, Bathgate, Swerdlin and Mayor
Gelff
Mayor pro tem Soto
None
10. IMPROVEMENT AND REIMBURSEMENT AGREEMENT APPROVED WITH 93-
129 LTD, FOR WATER AND SEWER FACILITIES (TENTATIVE PARCEL MAP
93-129) (600.60)
PUBLIC HEARINGS:
PROCESS TO FORM THE PROPOSED LOS CORRALES LANDSCAPE
MAINTENANCE DISTRICT TERMINATED (345.20)
Project Description:, Representatives of a majority of the property owners within
the Los Corrales area indicated support for installation of landscape
improvements which would require an assessment increase. In response, on
June 3, 2003 the City Council initiated a Proposition 218 ballot process, which
requires all properties benefiting from the improvements to be included in the
assessment district. After ballots were issued, the majority of residents attending
city sponsored information meetings expressed concern about the proposed
district. The original purpose for this public hearing was to tabulate district
ballots. Due to the new information received, staff has provided Council with
other alternatives, such as abandoning the proceedings without a public hearing
or terminating proceedings while considering formation of a new district.
Written Communications: Report dated August 5, 2003, from Amy Amirani,
Director of Public Works.
Letter dated July 29, 2003, from Dan Koehler, President of the Estates at San
Juan Capistrano Homeowners Association, expressed opposition to being forced
into the proposed assessment district entitled Los Corrales Landscape
Maintenance District.
Letter dated July 31, 2003, from David G. Solt, Los Corrales Architectural Review
Committee, requested votes not be counted regarding the expansion of the
maintenance district.
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Presentation: Amy Amirani, Director of Public Works, reviewed the staff
recommendation to terminate the proceedings.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously to terminate the process of forming the
proposed Los Corrales Landscape Maintenance District.
2. RESOLUTION NO. 03-08-05-02 ADOPTED APPROVING LANDSCAPE
MAINTENANCE DISTRICT ASSESSMENTS FOR TRACTS: 9284 (SEAVIEW),
8285 (MISSION SPRINGS), 7673 (MISSION WOODS), 9373/7654 (LOS
CORRALES), BELFORD TERRACE AND CAPISTRANO ROYALE. (345.20)
Project Description: The city provides landscape maintenance within various city
districts. The cost of providing this service is established annually, based on the
cost to the city. In order to include these assessments on the County tax roll, the
City Council must conduct a pubic hearing and adopt a resolution confirming the
assessments.
Written Communications: Report dated August 5, 2003, from Amy Amirani,
Director of Public Works.
Presentation: Amy Amirani, Director of Public Works, reviewed the staff
recommendation.
Mayor Gelff opened the public hearing.
Public Testimony:
Dan Koehler, 32122 Calle Los Elegantes, was opposed to the formation of the
proposed Los Corrales Landscape Maintenance District.
Wallace Bublitz, 27572 Rosedale Drive, requested more detail on items listed in
the district budgets.
Mayor Gelff encouraged neighborhoods to form homeowner associations to
collect fees and pay for landscape maintenance costs, which would reduce
assessment by omitting the need for administration costs related to providing that
service.
Mayor Gelff closed the public hearing,
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Swerdlin and carried unanimously to approve the assessments of $557 per home
— Tract 9284 (Seaview); $290 per home — Tract 8485 (Mission Springs); $200
per home — Tract 7673 (Mission Woods) $777 per home — Belford Terrace; and
$1,110 per home — Capistrano Royale; adopt Resolution No. 03-08-05-02
08-05-2003
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA„ CONFIRMING THE LEVY OF THE
FISCAL YEAR 2003-2004 LANDSCAPE AND OPEN SPACE MAINTENANCE
DISTRICTS ASSESSMENTS IN THE CITY OF SAN JUAN CAPISTRANO;" and
the Orange County Auditor -Controller authorized to include the assessments on
the property tax roll.
RECESS AND RECONVENE
Council recessed at 7:59 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:00 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING DIRECTOR
a. 1-5 ACCESS STUDY - PUBLIC REVIEW PROCESS IN COORDINATION WITH
CALTRANS INITIATED; PROJECT STUDY REPORT FOR THE ORTEGA
HIGHWAY INTERCHANGE PROJECT APPROVED; AND, CALTRANS
REQUESTED TO INITIATE A PROJECT STUDY FOR A NEW OFF -RAMP AT
STONEHILL. (590.60)
�- Proiect Description: An 1-5 Access Study was prepared in response to County
direction to consider improvements at city interchanges to help divert traffic from
Ortega Highway and lessen the impact of improvements. The study was initiated
in 2000 and revised in 2001 to analyze the possibility of improvements to other
interchanges. The study was delayed to accommodate traffic data related to
development of the O -Neill Ranch and again to consider impacts of the city's
Strategic Transportation Plan.
Written Communication: Report dated August 5, 2003, by William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building, reviewed
the staff recommendation.
Council Comment: Council Members discussed the benefits and constraints of
the proposed alternatives. Council Member Swerdlin expressed concern with the
proposed improvements to the Stonehill interchange due to the potential of
reducing drive-by traffic adjacent to auto dealerships. Council Members
concurred that further study of the area may develop workable alternatives and
that feedback from the Downtown Blue Ribbon panel would be beneficial.
Council Action: Moved by Mayor Gelff, seconded by Council Member Hart and
carried unanimously to initiate an 1-5 interchange public review process in
coordination with Caltrans, including a) Public review workshop, b)
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Transportation Commission Review, c) Planning Commission review; d) City
Council; and e) Downtown Blue Ribbon Panel review and recommendations;
approve completion of the Project Study Report; and request of Caltrans initiation
of a Project Study Report for a new off -ramp at Stonehill.
G2. PLANNING DIRECTOR:
a. NO ACTION TAKEN TO SCHEDULE A JOINT PLANNING/CITY COUNCIL
WORK SESSION FOR THE PROPOSED TRAVELAND USA RECREATION
VEHICLE RESORT (HAISOIWILLIAMS PROPERTY) (420.10)
Council Member Bathgate abstained from this item and left the Council Chamber.
Pro'ect Description: A request was received from GVA Beitler, project applicant,
for a joint City Council/Planning Commission work session to consider a
proposed Traveland USA Recreational Vehicle Resort on property know as the
Haiso/Williams property. The request meets the requirements of Administrative
policy 314, therefore staff recommends the Council consider the request.
Written Communication: Report dated August 5, 2003, by Thomas Tomlinson,
Planning Director.
Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Public Comment: Dennis Hogan, 31192 Via Cristal and Doug Green, 34572
Camino Capistrano, Capistrano Beach, requested that the Council schedule a
joint session with the Planning Commission to consider development of a
Traveland USA Recreation Vehicle Resort and Sales facility, proposed for either
the HsaiolWilliams site or the San Juan Meadows site.
Council Comment: Council Members were reluctant to schedule a work session
due to the tentative nature of the project, the lack of a definite project site, and
because a work session would require extensive staff time and cost.
Council Action: No action taken.
ORDINANCES: None
COUNCILMANIC ITEMS
RESOLUTION NO. 03-08-05-03 ADOPTED MODIFYING THE COMPOSTION
OF THE YOUTH ADVISORY BOARD; AND, ANNUAL APPOINTMENTS MADE
TO THE BOARD, TERMS ENDING AUGUST 31, 2004. (110.20)
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Prosect Description: Youth Advisory Board members serve terms that end
August 31 of each year. Vacancies for these positions were formally declared
and publicly noticed. Applications received were reviewed by the Council
subcommittee charged with this review process. The subcommittee
recommends the appointment of (15) youth members and (2) adult advisors.
The composition of the board would need to be modified to accommodate (15)
youth members.
Written Communications: Report and Supplemental Report dated August 5,
2003, by Meg Monahan, City Clerk. Memorandum dated August 5, 2003, by
Mayor John Gelff and Mayor pro tem Joe Soto.
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate and carried unanimously to adopt Resolution No. 03-08-05-03 entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 02-05-21-01 BY
MODIFYING THE COMPOSITION OF THE CITY YOUTH ADVISORY BOARD;"
and the following individuals appointed to the Youth Advisory Board, term ending
August 31, 2004, serving as youth members -- Melissa Bell, Derek DeCaro,
Gianna Decaro, Kirsten Erickson, Kaitlin Gardiner, Christopher Giordano,
Amanda Gittelman, Justin Kubassek, Martin Lopez, Vra Lugo, Brittany Ordos,
Michael Raasch, Daniel Robinson, Julia Robinson, and Nora Rodriguez; the
following individuals appointed to the Youth Advisory Board, serving as adult
advisors — Virgina Nonaca Chavez and Ken Friess.
2. ORAL REPORTS:
Council Member Bathgate: Council Member Bathgate will serve as Chair of the
South Orange County Wastewater Authority (SOCWA).
Council Member Swerdlin: Council Member Swerdlin was recently re-elected to a
two-year term on the Board of Directors of the California Joint Powers Insurance
Authority (JPIA).
Mayor Gelff: Mayor Gelff announced that the cities of Santa Ana, Irvine,
Anaheim, and Garden Grove are no longer members of the Orange County
Chapter of the California League of Cities.
3. COUNCIL COMMENTS:
Mayor pro tem Soto noted his recent visit with Corporal Carter Caroom, in the
hospital, to express the community's concern regarding the recent attack on
Caroom and other Marines while visiting our city.
9 08-05-2003
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 9:06 p.m. to a
Regular meeting, Tuesday, August 19, 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 sub
R. MONAHAN, CITY CLERK
A01:froved: September 16, 2003
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