03-1118_CC_Minutes_Regular MeetingMINUTES
November 18, 2003
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85)— 5:00 p.m.
A closed session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code Section 54957, the City Council reviewed the
performance of the Interim City Manager.
2. Pursuant to Government Code Section 54956.9(b)(2) the City Council conferred
with its legal counsel regarding one matter.
3. Pursuant to Government Code Section 54957, the City Council held a closed
session concerning the vacant City Manager position.
4. Pursuant to Government Code Section 54956.8, the City Council conferred with
its real property negotiator (City Manager) regarding the sale of property located
at Assessor's Parcel No. 668-421-04 & 05. The property's owner is
Mr. Roger Pitts.
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. Boy Scout
Martin 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; Bili 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; Amy Wolfe, Principal Planner; Michael Cantor,
Management Analyst I; and, Eileen White, Recording Secretary.
11-18-2003
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
John Shaw, City Attorney, announced that the City Council unanimously approved an
agreement with David Adams to serve as City Manager. The agreement is for $145,000
annual salary plus related benefits. The agreement will be available for public review
following tonight's meeting.
Mayor Gelff introduced new City Manager David Adams and his wife, Kim. He
presented Pamela Gibson, Interim City Manager, with a key to the City and thanked her
for the services she provided.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST: None
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS:
1. RECOGNITION OF SCOUTMASTER BRUCE WENDELL, TROOP #702,
(610.40):
Mayor Gelff recognized retiring Scoutmaster Bruce Wendell, Troop #702, for
devoting his time toward fostering capable young men into future leaders of
society.
2. RECOGNITION OF ALLYN ROWLEY (610.40):
Mayor Gelff and Lt. J. B. Davis, Chief of Police Services, recognized city resident
Allyn Rowley for his Good Samaritan actions that helped save the life of his
neighbor.
3. PRESENTATION TO COMMUNITY EMERGENCY RESPONSE TEAM
(CERT)(610.40):
Mayor Gelff and Michael Cantor, Management Analyst I, presented the
Community Emergency Response Team (CERT) with certificates of appreciation
for completing training.
4. RECOGNITION OF SCOUTMASTER DEREK KNOBEL, TROOP #724 (610.40):
Mayor Gelff recognized Troop #724 Scoutmaster, Derek Knobel, for devoting his
time toward fostering capable young men into future leaders of society.
5. RECOGNITION OF SCOUTMASTER GREGORY WEILER, TROOP #724,
(610.40):
Mayor Gelff recognized Troup #724 Scoutmaster, Gregory Weiler, for devoting
his time toward fostering capable young men into future leaders of society
2 11-18-2003
6. PRESENTATION TO FORMER COMMISSIONER GEORGE PROCTOR
(110.10):
Mayor Gelff recognized former Planning Commissioner, George Proctor, for his
three years of service on the Design Review Board and two years on the
Planning Commission.
7. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10):
Mayor pro tem Soto recognized the following individuals in attendance: Marie
Buckner and Joann de Guevara, Housing Advisory Committee; Bob Cardoza,
Planning Commission; Les Blair, Council Liaison to the San Juan Seniors;
Retired Orange County Sheriff, Brad Gates; Mechelle Lawrence, Administrator
for the Mission San Juan Capistrano.
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 through 6 and 8 through 11 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLES ONLY APPROVED.
2. MINUTES FROM CITY COUNCIL MEETINGS APPROVED
a. MINUTES OF THE REGULAR MEETING OF OCTOBER 21, 2003
APPROVED AS SUBMITTED
b. MINUTES OF THE ADJOURNED REGULAR MEETING OF OCTOBER
25, 2003 APPROVED AS SUBMITTED
3. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 30, 2003, IN THE
AMOUNT OF $1,058,104.38; AND PAYROLL WARRANTS DATED OCTOBER
23, 2003, IN THE AMOUNT OF $264,557.38 RECEIVED AND FILED. (300.30)
4. STATUS REPORTS ON NEW DEVELOPMENT APPLICATIONS RECEIVED
AND FILED. (440.10)
5. AGREEMENT WITH THE CITY OF DANA POINT FOR SHARED COSTS OF
TRAFFIC SIGNAL FACILITIES AT BLUE FIN DRIVE AND DEL OBISPO
STREET, TO REPLACE THE EXISTING AGREEMENT WITH THE COUNTY OF
ORANGE APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.30)
3 11-18-2003
6. REVISED REGULAR MEETING SCHEDULE APPROVED, CANCELING THE
REGULAR MEETING OF DECEMBER 16, 2003. (610.15)
7. APPLICATION FOR "NO SKATEBOARDING" APPROVED; AND RESOLUTION
NO. 03-11-18-01 ADOPTED ESTABLISHING SKATEBOARDING
RESTRICTIONS AT CAPISTRANO PLAZA. (590.10)
Mayor pro tem Soto ascertained that the applicant is not required to use metal
signage and suggested that staff work with the applicant to develop aesthetically
pleasing signage that reflects the City's historic image.
Council Action: Moved by Mayor pro tem Soto, seconded by Mayor Gelff
and carried unanimously, 5-0, to approve the applicant's written request for no
skateboarding with staff directed to work with the applicant to develop signage
that is aesthetically in keeping with the historic qualities of the City; and adopt
Resolution No. 03-11-18-01, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A
NO SKATEBOARDING AREA AT CAPISTRANO PLAZA, 31751-31761 CAMINO
CAPISTRANO, SAN JUAN CAPISTRANO, PURSUANT TO CHAPTER 23,
TITLE 5, OF THE MUNICIPAL (CAPISTRANO PLAZA/RALPH BERTOLINO)"
8. RESOLUTION NO. 03-11-18-02 ADOPTED AMENDING THE SAN JUAN
CAPISTRANO FLEXIBLE BENEFITS PLAN EFFECTIVE SEPTEMBER 3, 2003.
(720.40)
9. 100% ($80) FACILITY RENTAL FEE WAIVED FOR THE ANNUAL SHOE GIVE-
AWAY PROJECT PROPOSED BY STONEYBROOKE CHRISTIAN SCHOOL TO
BE HELD ON FEBRUARY 6, 2004, AT EL CAMINO REAL PARK. (390.30)
10. RESOLUTION NO. 03-11-18-03 ADOPTED AMENDING THE CITY'S
PERSONNEL CLASSIFICATION AND COMPENSATION PLAN FOR SALARY
INCREASES FOR THE SAN JUAN CAPISTRANO EXECUTIVE EMPLOYEES;
AND $23,899 APPROPRIATED FROM THE GENERAL FUND RESERVES AND
$5,246 FROM THE WATER ENTERPRISE OPERATIONS FUND RESERVES
FOR A TOTAL OF $29,145.00 (700.20)
11. RESOLUTION NO. 03-11-18-04 ADOPTED AMENDING THE CLASSIFICATION
AND COMPENSATION PLAN TO CREATE THE POSITIONS OF EXECUTIVE
ASSISTANT AND SENIOR EXECUTIVE ASSISTANT. (700.20)
PUBLIC HEARINGS
1. FISCAL YEAR 2003/2004 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS)
GRANT FUNDS ALLOCATED (580.10)
4 11-18-2003
Description: During Fiscal Year 200312004, the City of San Juan Capistrano will
receive no less than $100,000 from a state -funded grant to enhance front line law
enforcement. Staff recommends that the City Council consider using the money
appropriated by the COPS Grant to fund a portion of the cost of the Deputy
Sheriff position added to Police Services in the 1996197 fiscal year.
Written Communications: Report dated November 18, 2003, by Lt. J. B. Davis,
Chief of Police Services.
Presentation: Lt. J. B. Davis, Chief of Police Services, summarized the staff
recommendation.
Mayor Gelff opened the public hearing and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Hart, seconded by Council
Member Swerdlin, and carried unanimously, 5-0, to allocate the $100,000 COPS
grant funds toward offsetting the cost of a Deputy Sheriff for the Fiscal Year
2003-2004.
2. RESOLUTION NO. 03-11-18-05 ADOPTED APPROVING COMPREHENSIVE
REVISIONS TO THE SAN JUAN CAPISTRANO ARCHITECTURAL DESIGN
GUIDELINES. (410,30):
Description: The revised guidelines are based upon a framework of Design
Principles that were considered and endorsed in concept by the City Council in
2002. The Design Guidelines are intended to clearly communicate the City's
design expectations to design professionals and developers, and establish the
basis for project evaluation by staff during the design review process. Staff
developed the Design Guidelines with input from the Design Review Committee
and the public. Staff recommends approval of the proposed revisions.
Written Communications: Report dated November 18, 2003, by Bill
Cunningham, Interim Planning Director.
Presentation: Amy Wolfe, Principal Planner, summarized the staff report.
George Proctor, Planning Commissioner, narrated a slide presentation
demonstrating how the interactive website operates.
Mayor Gelff opened the public hearing and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to adopt Resolution No. 03-11-18-05,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
5 11-18-2003
CAPISTRANO, CALIFORNIA, APPROVING COMPREHENSIVE REVISIONS
TO THE SAN JUAN CAPISTRANO ARCHITECTURAL DESIGN GUIDELINES
AND ADOPTING REVISED CITYWIDE DESIGN GUIDELINES (DESIGN
GUIDELINES)"
RECESS AND RECONVENE
Council recessed at 7:49 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:53 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING DIRECTOR
a. FIRST ANNUAL REPORT ON THE STRATEGIC TRANSPORTATION PLAN
RECEIVED AND FILED. (590.60)
Description: This report provides an update to the City Council on the first year's
activities to implement the Strategic Transportation Plan. Staff recommends the
Council review, provide comment, and approve the first annual report.
Written Communication: Report dated November 18, 2003, by William H.
Huber, Director of Engineering and Building.
Presentation: William H. Huber, Director of Engineering and Building,
reviewed the staff report.
Council Comment:
Council Member Swerdlin stated for the record that he does not support the
southbound 1-5 off -ramp at Stonehill because it is not financially viable, has
minimum traffic congestion easement capabilities, and may negatively affect the
car dealerships on Camino Capistrano.
Council Action: Moved by Council Member Hart, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to receive and file the first
annual report on the Strategic Transportation Plan.
b. OPTIONS REGARDING THE REQUEST FOR WAIVER OF FEES RELATED TO
THE CONSTRUCTION OF PERMANENT BUILDINGS ON THE J. F. SHEA
THERAPEUTIC RIDING CENTER SITE CONTINUED. (390.30)
This item was continued at the request of the applicant.
6 11-18-2003
G2. PLANNING DIRECTOR
a. DOWNTOWN VILLAGE LAND AREA USE AND ECONOMIC REVITALIZATION
ACTION PROGRAMS APPROVED IN CONCEPT. (400.20)
Description: On August 19, 2003, in response to the Blue Ribbon Panel's
recommendation, the City Council directed staff to explore the concept of
preparing a specific plan and environmental documentation necessary to
implement such a plan as part of the Panel's Vision for the Downtown Village
Area. Staff solicited and obtained information from five design firms on
anticipated type and quality of product, as well as cost and time estimates
necessary to develop a specific plan. Staff determined that establishing a new
specific plan would not produce the desired short term and long term end results
desired by the Council and community. In the alternative, staff developed two
alternative revitalization action plans that accomplish the Panel's goals, take
advantage of existing regulations, and represent a more dynamic, flexible, and
less costly approach to implementing the downtown's revitalization. Staff
recommends approval of Implementation Action Plan Option #1.
Written Communications: Report dated November 18, 2003, by Bill Cunningham,
Interim Planning Director.
Letter dated November 17, 2003 from Debra Campbell, president of the Old
Capistrano Merchants Association, recommending that Council approve
Implementation Action Plan Option #1.
Letter dated November 18, 2003, from Christina Duane, resident and business
owner, supporting Implementation Action Plan Option #1.
Letter dated November 17, 2003, from Charles Varga, president of the San Juan
Capistrano Chamber of Commerce, supporting any plan that expedites the
revitalization of the downtown area.
Presentation: Amy Wolfe, Principal Planner, summarized the staff
recommendation.
Public Comment:
Mechelle Lawrence, Mission San Juan Capistrano Administrator, suggested that
the program be focused on the historic core of the City; expressed concern over
costs of required studies; and offered Mission facilities for related meetings.
Bob Cardoza, Blue Ribbon Panel Member, felt the focus should remain loosely
defined; encouraged the Council to move the program forward and supported
Option 1.
11-18-2003
Brad Gates, Blue Ribbon Panel Member, supported Option 1; was concerned
about potential obstacles for legitimate developers; and recommended that the
Blue Ribbon Panel be provided an opportunity to comment on the program.
The Council agreed that the Blue Ribbon Panel should have the opportunity to
comment on the staff recommendations.
Council Action: Moved by Council Member Hart, seconded by Mayor Gelff,
and carried unanimously, 5-0, to approve the Downtown Village Area Land Use
and Economic Revitalization Program (Implementation Action Program Option
#1) in concept with staff directed to implement components of plan in accordance
with the "Downtown Village Area Principles and Strategies;" and Blue Ribbon
Panel to review Program with any recommendations to return to Council for
consideration.
ORDINANCES
1. ORDINANCE 887 REGARDING CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING ADOPTED. (810.10)
Description: A second reading and adoption of the Ordinance is necessary to
amend Chapter 3 of Title 6 of the Municipal Code to set standards for on-site
practices, establish a deposit to ensure reporting requirements and material
diversion, and establish an administrative fee to recover the City's costs in
administrating the additional requirements. Staff recommends adoption of the
Ordinance.
Written Communications: Report dated November 18, 2003, by 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 CERTAIN PORTIONS OF CHAPTER 3 OF TITLE 6 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE REGARDING CONSTRUCTION AND
DEMOLITION DEBRIS RECYCLING"
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to adopt Ordinance 887 amending
Chapter 3 of Title 6 of the Municipal Code regarding construction and demolition
debris recycling.
COUNCILMANIC ITEMS
1. COUNCIL APPOINTED SAMUEL ALLEVATO AS PLANNING COMMISSIONER,
TERM ENDING MARCH 31, 2004. (110.20)
8 11-18-2003
_ Description: Council subcommittee members Mayor pro tem Soto and Council
Member Bathgate recommended the Council appoint Samuel Allevato to fill the
vacancy created when George Proctor resigned.
Written Communications: Report dated November 18, 2003, by Cynthia L.
Russell, Acting Assistant City Manager.
Memo dated November 18, 2003, from Mayor pro tem Soto and Council Member
Bathgate providing Mr. Allevato's qualifications and recommending approval.
Presentation: Council Member Bathgate reviewed the subcommittee
recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart and carried unanimously, 5-0, to appoint Samuel Allevato as
Planning Commissioner, term ending March 31, 2004.
2. ORAL REPORTS — None
3. COUNCIL COMMENTS
Mayor pro tem Soto wished everyone a Happy Thanksgiving.
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:27 p.m. to
Tuesday, December 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 subm
MARrpARET R. MONAHAN, CITY CLERK
: January 6, 2004
9 11-18-2003