03-1202_CC_Minutes_Regular MeetingMINUTES
December 2, 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 54956.9(a) and (b)(2), the City Council
conferred with its legal counsel regarding the status of Hoyal v. City of San Juan
Capistrano.
2. Pursuant to Government Code section 54956.8, the City Council conferred with
its real property negotiator (City Manager) regarding the potential lease of real
property located at the Northwest corner of La Novia and San Juan Creek Road.
The potential lessee's representative is Robert G. Brutocao.
3. Pursuant to Government Code Section 54956.9(b)(2) 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 7:07 p.m. in the City Council Chamber. Council
Member Hart led the Pledge of Allegiance and retired Monsignor Paul Martin 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; Amy Wolfe, Principal Planner; and, Eileen
White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
12-02-2003
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST:
Al King, Jr., Community Services Director, announced the upcoming events:
December 6, 2003, at Historic Town Center Park, the Annual Christmas Tree Lighting,
followed by local businesses open for the Moonlight shop and Dine. In addition, the
Blas Aguilar Adobe will conduct its annual tamale sale. December 11, 2003, the
Chamber of Commerce will hold its mixer at the Capistrano Inn. On December 13,
2003, the Mission San Juan Capistrano will host the Living History event.
MEETING DEDICATION:
Mayor Gelff dedicated the meeting to the late Carl E. Bucheim, first Mayor of the City of
San Juan Capistrano.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS:
1. RECOGNITION OF HELEN MCMULLEN (610.40)
Mayor Gelff recognized local resident Helen McMullen for 80 years of longevity.
2. RECOGNITION OF JULIAN RAMOS (610.40)
Mayor Gelff recognized local resident Julian Ramos for 80 years of longevity.
3. RECOGNITION OF THE SAN JUAN CAPISTRANO PUBLIC LIBRARY (610.40)
Mayor Gelff proclaimed December 3, 2003 as Library Day in the City of San
Juan Capistrano.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Soto recognized the following individuals who were in attendance:
Bob Cardoza and Gene Ratcliffe, Planning Commission; Marie Buckner and
Joann de Guevara, Housing Advisory Committee; Les Blair, Council Liaison to
the San Juan Seniors; Jan Siegel, Cultural Heritage Commission; Tony Soto and
Larry Kramer, Transportation Commission; Collene Campbell, Phillip Schwartze
and Tony Forster, former city Mayors; and Ray Perez, president of the Rotary
Club.
JOINT MEETING: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
REORGANIZATION
1. JOE SOTO SELECTED AS MAYOR AND WYATT HART SELECTED AS
MAYOR PRO TEM FOR TERM ENDING DECEMBER 7, 2004. (630.20)
2 12-02-2003
Meg Monahan, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Council Member Hart, seconded by Council
Member Bathgate and carried unanimously 5-0, to select Joe Soto as Mayor for
the term ending December 7, 2004.
On behalf of the City, Mayor Soto recognized outgoing Mayor Gelff with a plaque
for his accomplishments and thanked him for his service to the community. He
also presented Linda Cooley with flowers and thanked her for supporting Mayor
Gelff through his term.
Mayor Soto thanked his fellow Council Members for their friendship and
confidence in his leadership. He introduced his family members and thanked
them for their support and encouragement.
Mayor Soto called for nominations for the office of Mayor pro tem.
Council Action: Moved by Council Member Gelff, seconded by Council
Member Swerdlin and carried unanimously 5-0, to select Wyatt Hart as Mayor
pro tem for the term ending December 7, 2004.
2. RESOLUTION NO. 03-12-02-01 ADOPTED AUTHORIZING OFFICIALS TO
MAKE DEPOSITS AND INVESTMENTS ON BEHALF OF THE CITY. (320.10)
Description: The Resolution authorizes the current officers of the City to invest
funds and draw checks on the City bank accounts, including Joe Soto, Mayor, or
Wyatt Hart, Mayor pro tem; and Cynthia L. Russell, City Treasurer, or Dave
Adams, Deputy City Treasurer, or Margaret R. Monahan, City Clerk.
Written Communication: Report dated December 2, 2003, by Meg Monahan,
City Clerk.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate and carried unanimously to adopt Resolution No. 03-12-02-
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.
03-08-05-01."
3. JOHN S. GELFF SELECTED AS CHAIRMAN AND DIANE BATHGATE
SELECTED AS VICE-CHAIRMAN OF THE COMMUNITY REDEVELOPMENT
AGENCY FOR TERM ENDING DECEMBER 7, 2004. (400.10):
Meg Monahan, Agency Secretary, called for nominations for the office of
Chairman.
3 12-02-2003
Council Action: Moved by Vice Chair Soto, seconded by Director Bathgate
and carried unanimously 5-0, to select John S. Gelff as Chairman for the term
ending December 7, 2004.
Chairman Gelff called for nominations for the office of Vice Chairman.
Board Action: Moved by Director Hart, seconded by Chairman Gelff, and
carried unanimously, 5-0 to select Diane Bathgate as Vice Chairman for the term
ending December 7, 2003.
4. RESOLUTION NO. CRA 03-12-02-01 ADOPTED AUTHORIZING OFFICIALS
TO MAKE DEPOSITS AND INVESTMENTS ON BEHALF OF THE AGENCY
(320.10)
Description: The Resolution authorizes the deposits and investment of funds
and signatures of John S. Gelff, Chairman, or Diane Bathgate, Vice Chairman;
and Dave Adams, Executive Director, or Margaret R. Monahan, Agency
Secretary, or Cynthia L. Russell, Agency Finance Officer.
Written Communication: Report dated December 2, 2003, by Meg Monahan,
Agency Secretary.
Board Action: Moved by Director Hart, seconded by Chairman Gelff and
carried unanimously to adopt Resolution No. CRA 03-12-02-01 entitled "A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY DELEGATING TO THE AGENCY FINANCE
OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST AND
REINVEST AGENCY FUNDS; AUTHORIZING SIGNATURES AND REPEALING
RESOLUTION NO. CRA 03-08-05-01."
ORAL COMMUNICATIONS
Collene Campbell, former Mayor and National Chairman of Force 100,
congratulated the newly seated officers and requested that the Council consider
placing consideration an item on the current agenda. Force 100 is a nationwide
committee of families who have lost family members to violent crime. They have
joined together to work toward adoption of a proposed Constitutional Amendment
in order to protect the rights of crime victims. The item for consideration is City
support for the proposed Constitutional Amendment. The City's support now
would likely place the City as the first City in the United States to endorse the
Amendment.
4 12-02-2003
Council Action: 415 vote to add item to agenda due to time constraints: Moved by
Council Member Gelff, Seconded by Mayor pro tem Hart and carried unanimously to
add consideration of endorsing the proposed United States Constitutional Amendment
related to victims' rights to the agenda.
Ms. Campbell summarized the proposed amendment, which would establish victims'
rights in the criminal justice system.
Council Action: Moved by Council Member Gelff, seconded by Mayor pro tem Hart
and carried unanimously, 5-0, to endorse the proposed United States Constitutional
Amendment related to victims' rights (U.S. Senate Resolution No. 1 and House of
Representatives Resolution No. 48).
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Gelff,
and carried unanimously, 5-0 to approve items 1 and 2, 4 through 9, and 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 NOVEMBER 4, 2003
APPROVED AS SUBMITTED.
b. MINUTES OF THE ADJOURNED REGULAR MEETING OF NOVEMBER
7, 2003 APPROVED AS SUBMITTED.
C. MINUTES OF THE SPECIAL MEETING OF NOVEMBER 12, 2003
APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 13, 2003, IN THE
AMOUNT OF $448,800.56; AND PAYROLL WARRANTS DATED NOVEMBER
6, 2003, 1N THE AMOUNT OF $214,324.39, RECEIVED AND FILED (300.30):
This item was voted on separately to allow Council Member Bathgate to abstain.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Gelff and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file the accounts payable warrants dated November 13, 2003, in the
amount of $448,800.56; and payroll warrants dated November 6, 2003, in the
amount of $214,324.39.
5 12-02-2003
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Gelff, and Mayor Soto
None
Bathgate
4. LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND THE CATHOLIC CHARITIES OF ORANGE COUNTY, INC. FOR USE OF
A PORTION OF THE STONE FIELD COMMUNITY BUILDING FOR
ADMINISTRATIVE PURPOSES APPROVED. (600.30):
5. RESOLUTION NO. 03-12-02-02 ADOPTED ACCEPTING PERMANENT
EASEMENTS FROM ROGER BRUM (APN 650-511-03) AND DRINO MILLER
(APN 650-511-04) FOR THE CONSTRUCTION OF SUBSURFACE SLOPE
STABILIZATION STRUCTURES FOR THE TERMINAL RESERVOIR NO. 2
REPLACEMENT PROJECT; AND THE CITY CLERK DIRECTED TO PROCESS
RECORDING OF THE EASEMENT DOCUMENTS. (CIP NO. 753)(670.50)
6. CAMINO CAPISTRANO SLOPE REPAIR PROJECT BUDGET AMENDED BY
TRANSFERRING $4,992.00 FROM THE WATER REPLACEMENT FUND
RESERVES TO CAPITAL IMPROVEMENT PROJECT NO. 139; CONTRACT
CHANGE ORDER #1, IN THE AMOUNT OF $4,992.00 APPROVED;
CONTRACT CHANGE ORDER #2, IN THE AMOUNT OF $17,810.00
APPROVED; RESOLUTION NO. 03-12-02-03 ADOPTED DECLARING THE
WORK FOR THE CAMINO CAPISTRANO SLOPE REPAIR CAPITAL
IMPROVEMENT PROJECT COMPLETE, ACCEPTED AND APPROVED; 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 $28,625.98. 35 DAYS AFTER
RECORDATION. (CIP NO. 139)(600.30):
7. RESOLUTION NO. 03-12-02-04 ADOPTED APPROVING THE CITY OF SAN
JUAN CAPISTRANO FLEXIBLE BENEFITS PLAN EFFECTIVE JANUARY 1,
2004. (720.40)
8. REPORT OF INVESTMENTS, MONTH ENDING OCTOBER 31, 2003,
APPROVED. (350.30)
9. LICENSE AGREEMENTS WITH MARGARET J. ROZBICKA AND OAKHURST
DEVELOPMENT CORPORATION FOR REMEDIAL GRADING AND
GEOTECHNICAL AND GROUND SURFACE MONITORING APPROVED; THE
MAYOR AUTHORIZED TO SIGN THE LICENSE AGREEMENTS; THE
PERSONAL SERVICES AGREEMENT WITH NINYO AND MOORE APPROVED
AND THE MAYOR AUTHORIZED TO SIGN THE AGREEMENT; AND $106,688
6 12-02-2003
APPROPRIATED FROM THE GENERAL FUND RESERVE TO COVER THE
COSTS FOR THE SOUTH OPEN SPACE LANDSLIDE. (600.30)
10. AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH WEBB
COMMUNITY MANAGEMENT, INC., OMITTING THE REQUIREMENT FOR
COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE APPROVED
(600.30)
Council Member Swerdlin pulled this item from the agenda for clarification.
Cynthia Russell, Administrative Services Director, advised that the scope of work
performed did not require vehicle travel and this action would not result in
increased liability to the City.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
pro tem Hart and carried unanimously, 5-0, to amend the Personal Services
Agreement with Webb Community Management, Inc., omitting the requirement
for comprehensive Automobile Liability Insurance.
11. AGREEMENT WITH BRONGO CONSTRUCTION FOR REMEDIAL GRADING
APPROVED; THE MAYOR AUTHORIZED TO SIGN THE AGREEMENT;
$51,120 APPROPRIATED FROM THE GENERAL FUND RESERVE TO COVER
THE COSTS FOR SEAVIEW ESTATES SLIDE REPAIR; AND FINDING MADE
THAT PUBLIC INTEREST REQUIRES AN IMMEDIATE EXPENDITURE OF
PUBLIC FUNDS BEFORE THE ONSET OF THE RAINY SEASON TO AVOID
ANY FURTHER SLIDE ACTIVITY. (600.30):
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:55 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:56 p.m.
ADMINISTRATIVE ITEMS
G1. COMMUNITY SERVICES DIRECTOR
a. REQUEST BY CARE FOR USE AND FEE REDUCTION OF THE SAN JUAN
CAPISTRANO SPORTS PARK AND COMMUNITY CENTER FOR THE CARE
ANTIQUE CAR SHOW, APPROVED (390.30)
Description: The Capistrano Animal Rescue Effort (CARE) has submitted a
request to use the Sports Park and Community Center at a reduced fee for their
Antique Car Show on Saturday, January 31, 2004. Staff supports the use of the
facility and fee reduction.
12-02-2003
Written Communications: Report dated December 2, 2003, by Al King Jr.,
Community Services Director.
Presentation: Al King, Jr. Community Services Director, summarized the staff
recommendation.
Council Action: Moved by Mayor Soto, seconded by Council Member Swerdlin,
and carried unanimously, 5-0, to approve the request by CARE for use of the
Sports Park and Community Center for the CARE Antique Show, subject to
conditions; and approve an 81 % fee reduction in the amount of $660.
b. AGREEMENT WITH DAVID VOLZ DESIGN FOR PROVIDING SERVICES IN
CONJUNCTION WITH THE CITY'S CAMINO CAPISTRANO RECREATION
CORRIDOR MASTER PLAN PROJECT APPROVED. (CIP No. 459)(600.30)
Description: Funding in the amount of $35,000 from the Park and Recreation
Development Fund is available for professional services to conduct a
comprehensive master plan of the Camino Capistrano Corridor. Staff received
five proposals in response to its request for proposal and is recommending David
Volz Design as the preferred firm for providing master planning services on the
project.
Written Communications: Report dated December 2, 2003, from Al King, Jr.,
Community Services Director.
Presentation: Al King, Jr., Community Services Director, presented the request.
Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Hart,
and carried unanimously, 5-0, to approve the agreement with David Volz Design
for providing services in conjunction with the City's Camino Capistrano
Recreation Corridor Master Plan project in the amount of $35,000, and authorize
the Mayor to execute the agreement on behalf of the City.
G2. PLANNING DIRECTOR
a. RESOLUTION NO. 03-12-02-05 ADOPTED CERTIFYING A MITIGATED
NEGATIVE DECLARATION ASSOCIATED WITH THE PROPOSED
CONSTRUCTION OF THE 6 MILLION GALLON (MG) TERMINAL RESERVOIR
NO. 3 ADOPTED. (1050.70)
Description: The existing 10 MG reservoir has experienced structural damage
due to differential settlement and is in need of replacement. The Public Works
Department has requested approval of preliminary design plans for the
construction of a replacement 6 MG Terminal Reservoir No. 3 and all associated
ancillary facilities. Staff recommends approval of the request.
8 12-02-2003
Written Communications: Report dated December 2, 2003, by Bill Cunningham,
Interim Planning Director.
Presentation: Bill Cunningham, Interim Planning Director, summarized the staff
report.
Public Comment:
Hal Langley, City resident, questioned whether landscaping was included, the
height of the reservoir in comparison to Highland, and where access would be
provided.
Jess Frost, City resident, supported the request and asked that the City repair
any road damage resulting from use of heavy equipment.
Amy Amirani, Public Works Director, advised that landscaping was included and
a geotechnical engineer will be consulted to ensure the area is stable. She noted
that the reservoir will be the same height as the existing, access will remain the
same, and the contract calls for the repair of damaged roadways.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Gelff and carried unanimously, 5-0, to adopt Resolution No. 03-12-02-
05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE
DECLARATION AND APPROVING PRELIMINARY DESIGN PLANS FOR THE
CONSTRUCTION OF A SIX MILLION GALLON TERMINAL RESERVOIR,
NUMBER THREE, TO REPLACE THE EXISTING TEN MILLION GALLON
TERMINAL RESERVOIR NUMBER TWO LOCATED IMMEDIATELY WEST OF
27171 HIGHLAND DRIVE (HIGHLAND DRIVE SITE)"
b. APPEAL OF THE PLANNING DIRECTOR'S APPROVAL OF REVISED
TENTATIVE TRACT MAP (TTM) 16221, HONEYMAN RANCH (APN 650-141-
01, 04 & 14; 650-152-09; 650-552-03, 04, 06 & 07)(W ILLIAM LYON
COMPANY)(WATERS) WITHDRAWN. (420.40)
This item was withdrawn at the request of the applicant prior to the meeting.
G3. CITY MANAGER
a. CONSIDERATION OF RELOCATING CITY HALL TO THE DOWNTOWN AREA
POSTPONED FOR 60 DAYS (200.30):
Project Description: The Public Services & Utilities Element of the General Plan
calls for the City to assess the feasibility of relocation the existing City Hall to
provide a modernized operations center for the community. The Blue Ribbon
9 12-02-2003
Panel's Vision Plan, adopted by the City Council in August 2003, lists public
oriented facilities such as post offices, City Hall, and visitors information center
as desirable development types for the downtown area. Mayor Soto asked the
City Council to consider relocating City Hall to the downtown area. Staff is
recommending Council direct staff to investigate the possibility of relocating City
Hall and allocate $40,000 from the General Fund reserves for preliminary
architectural and engineering services.
Written Communications: Report dated December 2, 2003, by Douglas D.
Dumhart, Economic Development Manager.
Presentation: Douglas D. Dumhart, Economic Development Manager,
summarized the staff recommendation.
Council Comment:
Council Member Gelff and Council Member Swerdlin supported the project in
concept but expressed concern regarding financing capabilities.
Council Member Bathgate and Mayor Soto supported the staff recommendation
to determine the financial feasibility of the project.
The Council concurred that staff proceed with study of the matter, with emphasis
on project financing, but not incurring any hard costs.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Gelff and carried 3-2, with Council Member Bathgate and Mayor Soto
opposed, to postpone consideration of budget funds for the purpose of relocating
City Hall to the downtown area for 60 days.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, and Gelff
NOES: COUNCIL MEMBERS: Bathgate and Mayor Soto
ABSTAIN: COUNCIL MEMBERS: None
ORDINANCES
COUNCILMANIC ITEMS
ORAL REPORTS
Council Member Swerdlin announced that the Orange County Vector Control
District, Vector of the Month is rattlesnakes and mosquito control.
10 12-02-2003
2. COUNCIL COMMENTS
Council Members thanked Council Member Gelff for his service as Mayor and
Pam Gibson for her work as Interim City Manager.
Council Member Swerdlin invited all to attend the CARE Antique Car Show on
January 31, 2004.
Mayor pro tem Hart wished everyone Merry Christmas and a Happy New Year.
Mayor Soto invited all to attend the tree lighting ceremony.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 8:30 p.m. to
Tuesday, January 6, 2004, 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,
1
M ET R. MONAHAN, CITY CLERK
: January 6, 2004
11 12-02-2003