03-1021_CC_Minutes_Regular MeetingMINUTES
October 21, 2003
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
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.
Mayor Gelff called the regular meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:04 p.m. in the City Council Chamber. Council
Member Hart led the Pledge of Allegiance 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: Pamela Gibson, Interim City Manager, Cynthia L. Russell, Interim
Assistant City Manager/Administrative Services Director; John Shaw, City Attorney;
Meg Monahan, City Clerk; Bill Cunningham, Interim 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; Douglas
Dumhart, Principal Management Analyst; and, Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: - None
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, announced that the annual Flu Shot Clinic
would be held at the Community Center on November 1, 2003 the City's annual Tree
Lighting Ceremony would be held at the Historic Town Center Park on December 6,
2003 and invited all to access the City's website for details regarding these and other
community events.
10-21-2003
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS:
1. PRESENTATION TO CAPISTRANO ANIMAL RESCUE EFFORT (CARE)
(610.40)
Mayor Gelff presented a Certificate of Appreciation to Phil Schwartze of CARE
for the services they provide to the community.
2. RECOGNITION OF SCOUTMASTER BRUCE WENDELL, TROOP 702 (610.40)
Presentation postponed at the request of the recipient.
3. MAYORS AWARD — YOUTH OF THE YEAR AWARD RECIPIENT ROBERT
CRABBS (610.40):
Mayor Gelff acknowledged Robert Crabbs for his contributions to the community.
Robert Crabbs was not present to receive his award and it will be forwarded to
him.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10):
Mayor pro tem Soto recognized the following individuals who were in attendance:
Sheldon Cohen, Planning Commission; Joann de Guevara and Marie Buckner,
Housing Advisory Committee; Les Blair, Council Liaison to the San Juan Seniors;
and Phil Schwartze, former mayor.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and
carried unanimously, 5-0 to approve items 1, 2, 4, and 6 as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLES ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 16, 2003,
APPROVED AS SUBMITTED
3. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 2, 2003, IN THE
AMOUNT OF $1,781,693.52; AND PAYROLL WARRANTS DATED
SEPTEMBER 25, 2003, IN THE AMOUNT OF $220,264.82, RECEIVED AND
FILED. (300.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
2 10-21-2003
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Soto and carried 4-0-1, with Council Member Bathgate abstaining, to receive and
file the accounts payable warrants dated October 2, 2003, in the amount of
$1,781,693.52; and payroll warrants dated September 25, 2003, in the amount of
$220,264.82.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Soto, and Mayor Gelff
None
Bathgate
4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS RECEIVED AND
FILED (440.10)
5. RESOLUTION NO. 03-10-21-01 ADOPTED TERMINATING THE LICENSE
AGREEMENT WITH BATHGATE RANCH AND PELTZER FARMS, DATED
OCTOBER 27, 2000 FOR THE CHRISTMAS TREE FARM ON THE
NORTHWEST OPEN SPACE PROPERTY; LICENSE AGREEMENT WITH
PELTZER FARMS FOR THE CHRISTMAS TREE FARM ON THE NORTHWEST
OPEN SPACE APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE
THE AGREEMENT. (600.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Soto and carried 4-0-1, with Council Member Bathgate abstaining to adopt
Resolution No. 03-10-21-01 terminating the license agreement with Bathgate
Ranch and Peltzer Farms, dated October 27, 2000 for the Christmas Tree Farm
on the Northwest Open Space Property; license agreement with Peltzer Farms
for the Christmas Tree Farm on the Northwest Open Space approved; and the
Mayor authorized to execute the agreement.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Hart, Swerdlin, Soto, and Mayor Gelff
None
Bathgate
10-21-2003
6. PERSONAL SERVICES AGREEMENT WITH LAWRENCE ASSOCIATES FOR
INTERIM PLANNING DIRECTOR SERVICES TO BE PROVIDED BY BILL
CUNNINGHAM RATIFIED. (600.30)
7. RESOLUTION NO. 03-10-21-02 ADOPTED PROVIDING FOR ENHANCED
RETIREMENT BENEFIT FORMULA OF 2.7% AT AGE 55, AVERAGE THREE
HIGHEST YEARS SALARY FOR ALL YEARS OF SERVICES TO THE
MEMBER OF THE CLASSIFIED EMPLOYEES ASSOCIATION, THROUGH THE
ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEMS (OCERS) (720.60):
Council Member Swerdlin opposed the resolution because the agreement with
the members of the Classified Employees Association did not include a provision
prohibiting the Association from revisiting this issue in future negotiations and
due to concern that the City would be expected to pay for the enhanced benefit
at some point in the future.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Soto, and carried 4-1, with Council Member Swerdlin opposed, to adopt
Resolution No. 03-10-21-02, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
ENHANCED RETIREMENT BENEFITS FOR THE MEMBERS OF THE
CLASSIFIED EMPLOYEES ASSOCIATION THROUGH THE ORANGE
COUNTY EMPLOYEES RETIREMENT SYSTEM."
ROLL CALL
AYES: COUNCIL_ MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBER:
PUBLIC HEARING
Hart, Bathgate, Soto, and Mayor Gelff
Swerdlin
None
EASEMENT GRANTED WITHIN MISSION BELL PARK FOR LANDSCAPE AND
FENCE PURPOSES (WALKER, 33142 VIA MAYOR - LOT 107, TRACT 5667).
(670.50)
Project Description: Proposal to grant a 2' easement within Mission Bell Park to
allow adjacent property owner Jill Walker to relocate and replace a wall damaged
by the growth of a large Ash tree on her property. Staff recommends approval of
the easement.
Written Communications: Report dated October 21, 2003, by William M. Huber,
Director of Engineering and Building.
4 10-21-2003
Presentation: William M. Huber, Director of Engineering and Building,
summarized the staff recommendation.
Mayor Gelff opened the public hearing.
Public Testimony:
Mike Hamilton, City resident and adjacent property owner, supported the
easement because it will not impair the functionality of the park and noted that he
has had to call the Parks Department for weed abatement of the park grounds in
the past.
Jill Walker, City resident, advised that the tree has been trimmed and thanked
the Council for considering her request.
Mayor Gelff closed the public hearing
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Soto, and carried unanimously, 5-0, to grant an easement within Mission Bell
Park for installation of replacement fencing in order to preserve an adjacent tree
within public property, (Lot 107, Tract 5667- Walker), add a condition that the
easement revert back to the City upon the subject tree's removal or death; and
-- direct the City Clerk to process recording of the easement.
2. RESOLUTION NO. 03-10-21-03 ADOPTED, APPROVING QUITCLAIM DEEDS
FOR A PORTION OF A SEWER EASEMENT, A TEMPORARY
CONSTRUCTION EASEMENT, AND PORTIONS OF WATER LINE
EASEMENTS. (670.50)
Pro'ect Description: A request from Newco Management and Ortega Properties
that the City abandon unused sewer, water and temporary construction
easements in exchange for new water line easements on the subject property.
Staff recommends abandonment, followed by acceptance of the new water line
easements.
Written Communications: Report by William M. Huber, Director of Engineering
and Building
Presentation: William M. Huber, Director of Engineering and Building,
summarized the staff report.
Mayor Gelff opened the public hearing and there being no public testimony,
closed the public hearing.
10-21-2003
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 03-10-21-03,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ABANDONMENT OF A
PORTION OF A SEWER EASEMENT, A TEMPORARY CONSTRUCTION
EASEMENT, AND THOSE PORTIONS OF TWO WATER LINE EASEMENTS
WITHIN ASSESSOR'S PARCELS 666-131-09 AND 666-131-15 (ORTEGA
PROPERTIES, INC.INEWCO MANAGEMENT)
RECESS AND RECONVENE
Council recessed at 7:31 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:34 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING DIRECTOR
a. RESOLUTION NO. 03-10-21-04 ADOPTED ACCEPTING TWO EASEMENTS
FOR WATER LINE PURPOSES WITHIN ASSESSOR'S PARCEL NUMBERS
666-131-09 AND 15: AND THE CITY CLERK DIRECTED TO PROCESS
RECORDING OF THE DOCUMENTS. (670.50):
Description: A request from Newco Management and Ortega Properties that the
City accept new water line easements in exchange for abandoning unused
sewer, water and temporary construction easements on the subject property.
Staff recommends the Council accept the new water line easements.
Written Communication: Report dated October 21, 2003, by William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building,
summarized the staff report.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart, and carried unanimously, 5-0, to adopt Resolution No. 03-10-21-04,
entitled "A RESOLUTION OF THE CITY COUNCIL_ OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING TWO EASEMENTS FOR WATER
LINE PURPOSES WITHIN ASSESSORS PARCELS 666-131-09 AND 15
(ORTEGA PROPERTIESINEWCO MANAGEMENT) (WEST TERMINUS CALLS
ARROYO AND PASEO TIRADOR).
10-21-2003
G2. PLANNING DIRECTOR
a. LICENSE AGREEMENT TO ALLOW CONSTRUCTION OF A PRIVATE
EQUESTRIAN STABLE WITHIN A PORTION OF LOT 41, TRACT 6381,
APPROVED. (600.50)
Description: A request from the Eichenauers to allow construction of a private
stable on a portion of their lot for which all development rights have been
dedicated to the City for the purpose of protecting a General -Plan designated
ridgeline. Staff is recommending the Council approve the request due to the
project's compliance with criteria to insure ridgeline preservation.
Written Communication: Report dated October 21, 2003, from Thomas
Tomlinson, Planning Director.
Presentation: Bill Cunningham, Interim Planning Director, presented the request.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Soto, and carried unanimously, 5-0, to approve a License Agreement to allow
construction of a private equestrian stable within a portion of Lot 41, Tract 6381,
where development rights have been dedicated to the City.
b. APPEAL OF THE PLANNING DIRECTOR'S DETERMINATION REGARDING
TENTATIVE TRACT MAP 16146, BELLADONNA ESTATES, WITHDRAWN BY
APPELLANT (420.40)
This appeal was withdrawn by the application prior to the meeting.
ORDINANCES
ORDINANCE NO. 886 ADOPTED, REPEALING MUNICIPAL CODE SECTION
2-5.204, RELATED TO CITY MANAGER RESIDENCY REQUIREMENTS.
(600.10)
Description: A second reading and adoption of the Ordinance is necessary to
repeal Municipal Code Section 2-5.204 related to City Manager residency
requirements.
Written Communications: Report by Meg Monahan, City Clerk, dated October 21,
2003.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
_ ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REPEALING MUNICIPAL CODE SECTION 2-5.204, `RESIDENCE', OF TITLE 2,
'ADMINISTRATION' OF THE MUNICIPAL CODE."
7 10-21-2003
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to adopt Ordinance No. 886,
repealing municipal code section 2-5.204, related to City Manager residency
requirements.
COUNCILMANIC ITEMS
1. STATE FUNDING FOR THE STATE FIRE ANT PROGRAM SUPPORTED;
STAFF DIRECTED TO ISSUE LETTERS OF COUNCIL SUPPORT TO THE
GOVERNOR, DEPARTMENT OF FEED & AGRICULTURE SECRETARY,
DEPARTMENT OF FINANCE DIRECTOR; AND COPIES SENT TO THE
BOARD OF SUPERVISORS; AND THE MAYOR AUTHORIZED TO SIGN THE
LETTERS. (500.10)
Description: Recommendation from Council Member Swerdlin that the City send
letters to the California State Governor, Secretary of the California Department of
Food and Agriculture, Director of the State Department of Finance, with copies to
the Orange County Board of Supervisors, in support of restoring the State
funding for the State Fire Ant Program.
Written Communications: Report dated October 21, 2003, by Council Member
Swerdlin.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Hart and carried unanimously, 5-0, to support State funding for the State
Fire Ant Program and direct staff to issue letter of Council support to the
Governor, Department of Feed & Agriculture Secretary, Department of Finance
Director; and copies to the Orange County Board of Supervisors, and the mayor
directed to sign the letters.
2. ORAL REPORTS
a. Council Member Swerdlin announced that the Vector of the Month is Black Flies;
reported that two crows died recently of the West Nile Virus; and advised
residents to inoculate horses, wear insect repellant, and remove standing water
from their properties to discourage mosquitoes.
b. Mayor Gelff reported that he had completed Community Emergency Response
Team (CERT) training — provided by the City to train community volunteers to
assist with response to emergencies.
3. COUNCIL COMMENTS
Council Members wished Council Member Bathgate a Happy Birthday.
10-21-2003
Council Member Swerdlin thanked the Council for their support of the continued
State funding for the Fire Ant Eradication Program.
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 7:49 p.m. to a
regular meeting, Tuesday, November 4, 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,
--nd � J'�d R ft"",
ARET R. MONAHAN, CITY CLERK
Approved: November 18, 2003
ATTEST:
HN S. GELFF`MAYOR
9 10-21-2003
NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, Adjourned its meeting of October 21St, 2003, at 7:48 p.m. to Saturday,
October 25, 2003 at 8:00 a.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano. Shortly after Oral Communications, the City Council will meet in
Closed Session.
DATED: October 21, 2003
Lull L_
R. Monahan, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City Council
chamber on October 21, 2003 within 24 hours of adjournment of the above-named
meeting.
I declare under penalty of perjury that the foregoing is true and correct.
/C
Mg et R. Monahan, City Clerk