03-0819_CC_Minutes_Regular MeetingMINUTES
August 19, 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 54956.9(b)(1), the City Council conferred
with its legal counsel regarding one matter.
2. Pursuant to Government Code Section 544956.9, the City Council conferred with
its legal counsel regarding the status of NASSEPA v. City of San Juan
Capistrano, et al. Case #03CCO276.
3. Pursuant to Government Code Section 54957.6, the City Council conferred with
its labor negotiator (City Manager) regarding labor negotiations with the San
Juan Capistrano Employees Association and Management Employees
Association.
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 7:03 p.m. in the City Council Chamber. Council
Member Wyatt Hart led the Pledge of Allegiance to the Flag and Council Member David
L. 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: Pamela 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; Karen
Crocker, Community Services Manager; Sgt. Gil Garcia, Police Services; and, Eileen
White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
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ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST: Karen Crocker, Community
Services Manager, announced that a San Juan Summer Nights concert was planned for
Wednesday, August 20, 2003.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
PAT BATHGATE RECOGIZED FOR HER CONTRIBUTIONS TO COMMUNITY
YOUTH AND FAMILIES (610.40)
Mayor Gelff and Trish Kelly, Mission Viejo City Council Member, recognized Pat
Bathgate for her many contributions to the youth and families of San Juan
Capistrano and the Capistrano Valley Unified School District.
2. MEDIX AMBULANCE SERVICE AND FLUIDMASTER RECOGNIZED AS
MAJOR SPONSORS OF THE 2003 4T" OF JULY CELEBRATION (610.40)
Mayor Gelff and Karen Crocker, Community Services Manager, recognized
Medix Ambulance Service and Fluidmaster, major sponsors of the City's 2003
4th of July Celebration.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Soto recognized the following individuals who were in attendance:
Ilse Byrnes, Parks, Recreation, and Equestrian Commissioner; Les Blair, Council
Liaison to the San Juan Seniors; Morton Smith, Chair of the Transportation
Commission; Trish Kelly, Mission Viejo Council Member; Brad Gates, retired
Orange County Sheriff; and former San Juan Capistrano Mayors Ken Friess, Phil
Schwartze, and Roy Byrnes.
ORAL COMMUNICATIONS
Joy Rossello, Director of the D. P. Aquatics Club, discussed the loss of access to
publicly owned swimming facilities, due to the State budget crisis, preventing resident
children from learning water safety skills.
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to approve items 1, 2, 4, & 5 as recommended by
staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF JULY 15, 2003, APPROVED
AS SUBMITTED.
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3. WARRANTS DATED JULY 24, 2003, IN THE AMOUNT OF $1,324,383.98 AND
PAYROLL WARRANTS DATED JULY 17, 2003, IN THE AMOUNT OF
$229,943.33, RECEIVED AND FILED (300.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file the accounts payable warrants dated July 24, 2003, in the
amount of $1,324,383.98 and payroll warrants dated July 17, 2003, in the
amount of $229,943.33.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Soto, and Mayor Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBER:
Bathgate
4. STATUS OF NEW DEVELOPMENT APPLICATIONS RECEIVED AND FILED
440.10)
5. RESOLUTION NO. 03-08-19-01 ADOPTED 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 MISSION SAN JUAN CAPISTRANO CERAMICS
CENTER SEWER CONNECTION (J & C UNDERGROUND, 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 $3,840.00, 35 DAYS AFTER
RECORDATION (600.30)
PUBLIC HEARINGS: - None
RECESS AND RECONVENE
Council recessed at 7:20 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:23 p.m.
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ADMINISTRATIVE ITEMS
G1 CITY MANAGER
a. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE COUNTY OF ORANGE FOR THE CAPISTRANO
ANIMAL RESCUE EFFORT APPROVED; AND THE MAYOR AUTHORIZED TO
EXECUTE THE AGREEMENT (600.30)
Proiect Description: The Memorandum of Understanding (MOU) establishes
terms and conditions for the surrender and transfer of animals from the Orange
County Animal Cares Services (OCACS) to the Capistrano Animal Rescue Effort
(CARE) for the purpose of providing unwanted animals a second chance at
adoption. Staff recommends the Council approve the MOU between the City of
San Juan Capistrano and the County of Orange for the Capistrano Animal
Rescue Effort; and authorize the Mayor to execute the agreement.
Written Communications: Report dated August 19, 2003 by Douglas Dumhart,
Principal Management Analyst; Supplementary Information dated August 19,
2003, from Meg Monahan, City Clerk
Presentation: Douglas Dumhart, Principal Management Analyst, reviewed the
staff recommendation.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin, and carried unanimously, 5-0, to approve the Memorandum of
Understanding between the City and the County of Orange for the Capistrano
Animal Rescue Effort.
b. DOWNTOWN VILLAGE "VISION" PROCESS, BLUE RIBBON PANEL
RECOMMENDATION ADOPTED; STAFF TO CONDUCT RFP PROCESS FOR
DEVELOPMENT OF SPECIFIC PLAN (400.20)
Project Description: The Blue Ribbon Panel, comprised of San Juan Capistrano
residents, business owners, business leaders, and Council Members Soto and
Bathgate, met four times to develop a vision for the Downtown. The Panel
developed a series of Principles, Strategies, and Action Recommendations to
guide future decision-making and planning efforts in the downtown area. These
recommendations include developing a certain environment for the downtown;
preparation and adoption of a financially viable historic revitalization -oriented
specific plan; preparation and adoption of environmental documents necessary
for Pian implementation; and adoption of an urgency ordinance to help reduce
risk to private investors by ensuring projects considered during development of a
Specific Plan are consistent with the Principles and Strategies. Staff
recommends the Council receive and adopt the Blue Ribbon Panel's proposed
Principles, Strategies, and Action Recommendations, and direct staff to carry out
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the Request for Proposal (RFP) process to obtain a planning consultant to
develop a Specific Plan, and return to City Council with a budget and estimated
time frame for the specific planning and environmental review process.
Written Communications: Report dated August 19, 2003 by Mechelle Lawrence,
Economic Development Manager.
Presentation: Mechelle Lawrence, Economic Development Manager,
summarized the staff report.
Council Comments:
Council Member Swerdlin expressed concerns that intensifying the downtown
may change the City's small town feel and that any changes should be driven by
market forces. He was also hesitant to spend significant funds during the
existing State budget crisis.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Soto and carried 4-1-0, with Council Member Swerdlin opposing, to receive and
adopt the Blue Ribbon Panel's proposed Principles, Strategies, and Action
Recommendations; and direct staff to carry out the Request for Proposal (RFP)
process to obtain a planning consultant to develop a Specific Plan, returning to
City Council with a budget and estimated time frame for the specific planning and
environmental review process.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, and Mayor Gelff
NOES: COUNCIL MEMBERS: Swerdlin
ABSTAIN: COUNCIL MEMBERS: None
C. THIRD AMENDMENT TO THE INTEGRATED SOLID WASTE COLLECTION
AGREEMENT WITH CR&R, INC. APPROVED (600.30)
Project Description: CR& R requested an extension of its existing term limit for
an additional 7 Y2 years to July 1, 2014, for the purpose of purchasing
replacement refuse collection vehicles in order to comply with new regulations
enacted by the South Coast Air Quality Management District. The time extension
would result in no increase to San Juan Capistrano ratepayers and includes
expanded commercial recycling options to encourage commercial recycling
programs. Staff recommends the Council approve the Third Amendment to the
Integrated Solid Waste Collection Agreement and authorize the Mayor to execute
the Amendment.
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Written Communication: Report dated August 19, 2003, by Douglas Dumhart,
Principal Management Analyst; Supplementary Information dated August 18,
2003, from Meg Monahan, City Clerk
Presentation: Douglas Dumhart, Principal Management Analyst, reviewed the
staff recommendation
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the Third
Amendment to the Integrated Solid Waste Collection Agreement; and authorize
the Mayor to execute the Amendment
G2. ENGINEERING AND BUILDING DIRECTOR
a. DRIVEWAY CONSOLIDATION, ALONG ORTEGA HIGHWAY ASSOCIATED
WITH ARCHITECTURAL CONTROL 02-01/CONDITIONAL USE PERMIT 02-09,
AT 27341 ORTEGA HIGHWAY CONTINUED (THE ORTEGA ANIMAL
HOSPITAL) (460.70/410.601820.60)
Project Description: In conjunction with the development of the Ortega Animal
Hospital and Reising/San Juan Law Center, staff has studied a potential
driveway access consolidation that could also include providing access to the
existing Ortega Car Wash Plaza. The current estimated cost of constructing the
consolidated driveway is $150,000 and the City could participate in funding these
costs with up to $100,000.00 from the Trash Importation Fee Fund. Staff
recommends the Council consider the three options identified in the staff report
and provide direction to staff.
Written Communication: Report dated August 19, 2003, from William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building,
summarized the staff report.
Public Comment:
Geoff Hirson, owner of Rancho Ortega Plaza, Newport Beach resident, felt a
driveway consolidation could be of benefit but was concerned about tenant
inconvenience and the cost of construction. He offered to contribute up to
$10,000 with stipulations regarding time constraints and phasing of construction
to accommodate his tenants.
Ken Friess, contractor associated with the Rancho Ortega Plaza, felt the
driveway consolidation, across from the entry to the Ortega Business Center and
in conjunction with a signal, would solve circulation problems.
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_ Dr. James Rich, Ortega Animal Hospital developer, Newport Beach resident,
discussed issues related to the driveway consolidation and offered future project
easements.
Council Comment:
Mayor pro tem Soto opposed using public funds on improvements to private
property.
Pam Gibson, Interim City Manager, suggested the Council continue the item to
allow staff to develop alternatives.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart, and carried 4-1-0, with Mayor pro tem Soto opposing, to continue
the item to a future meeting.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, and Mayor Gelff
NOES: COUNCIL MEMBERS: Mayor pro tem Soto
ABSTAIN: COUNCIL MEMBERS: None
G3. ADMINISTRATIVE SERVICES DIRECTOR
a. REVIEW OF REINSTATEMENT OF CERTAIN GENERAL FUND
EXPENDITURES — FISCAL YEAR 2003-2004 BUDGET CONTINUED (330.20)
Pro'ect Descriptio : Reductions in revenue sources, caused by State Budget
crises, were less than anticipated, resulting in increased revenues in the General
Fund. The City's State Budge Reduction Contingency Plan provides for
reinstatement of costs reduced in the Contingency Plan upon adoption of the
State Budget. Staff recommends that the City's General Fund revenue estimates
be amended to reflect the revised projections, increasing the projected General
Fund reserves by $567,688 and $149,400 be appropriated from General Fund
reserves to fund those costs eliminated in the FY 2003-04 adopted budget.
Written Communication: Report dated August 19, 2003, from Cynthia L. Russell,
Interim Assistant City Manager
Presentation: Cynthia L. Russell, Interim Assistant City Manager summarized
the staff report.
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate, and carried unanimously, 5-0, To adopt the revised General Fund
08-19-2003
revenue projections as presented; and direct Staff to return to the Council with a
plan for reserving funds for potential future budget reductions.
COUNCILMANIC ITEMS
1. Oral Reports — None
2. Council Comments
Council Member Hart ascertained that storage of vehicles at the southwest
corner of the Ortega Center was a permitted, temporary use.
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:50 p.m. to a
regular meeting, Tuesday, September 2, 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,
MARG`)�RET R. MONAHAN, CITY
ATTE
JOHN §. qgFIL, MAYOR
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