02-0730_CC_Minutes_Adjourned Regular MeetingMINUTES
July 30, 2002
CITY OF SAN JUAN CAPISTRANO
Mayor Bathgate called the Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, to order at 7:06 p.m. in the City Council Chamber.
Council Member Hart led the Pledge of Allegiance and Pastor Ward, South Coast
Christian Assembly Church, gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Collene Campbell, David Swerdlin, and Mayor pro
tem Gelff
COUNCIL MEMBERS ABSENT: Wyatt Hart and Mayor Bathgate
STAFF PRESENT: George Scarborough, City Manager; John Shaw, City Attorney; Meg
Monahan, City Clerk; and William Huber, Engineering and Building Director
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10): Council
Member Swerdlin recognized the following individuals present at the meeting: Joe Soto,
Water Advisory Commissioner; Brad Gates, former Orange County sheriff; Marlene
Draper and Mike Darnold, Capistrano Unified School District Trustees; Phillip
Schwartze, former Council Member and Mayor; Les Blair, Liaison to the Seniors;
Sheldon Cohen, Planning Commissioner.
ORAL COMMUNICATIONS: None
ADMINISTRATIVE ITEMS:
C1. CITY ATTORNEY
a. RESOLUTION NO. 02-07-30-01 ADOPTED SUBMITTING THE ORDINANCE
REZONING 865 OF WHISPERING HILLS ESTATES TO THE VOTERS ON
NOVEMBER 5, 2002; REBUTTAL ARGUMENTS TO BE ALLOWED (RZ 01-09.
VTTM 15571, RE 01-01. HM 01-01)(410.85,460.20, 420A 0, 410.80)
Description: A referendum petition proposing the repeal of Whispering Hills
rezone Ordinance No. 865 was filed in a timely manner. The petition was
certified to contain 1,833 signatures of registered voters, exceeding the threshold
of 10% of the City's registered voters, or 1,621 signatures, required for
consideration. This item is before the Council to decide whether to repeal the
ordinance or place the ordinance on the November 5, 2002 ballot. Council also
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has the discretion of whether to set priorities for filing of written arguments and
whether to allow for rebuttal arguments.
Written Communications: Report dated July 30, 2002 from John Shaw, City
Attorney, companion report dated July 30, 2002 from Meg Monahan, City Clerk
and correspondence received July 26, 2002 from Barbara A. Shangraw.
Staff Report: John Shaw, City Attorney reviewed the decisions available to the
Council in response to receipt of a referendum petition proposing the repeal of
the Whispering Hills Rezone Ordinance No. 865.
Public Comment:
Cheryl Uso, City resident, felt that the Whispering Hills ordinance did not mitigate
issues related to ecology, traffic, geology and ridgeline encroachment. She
requested adoption of a better ordinance or place the ordinance on the ballot.
Erin Kutnick, City resident, felt the petition signatures were not gathered properly.
She supported the rezone ordinance and asked that the tentative tract map be
approved.
Dr. Londres Uso, City resident, assisted in gathering petition signatures. He
requested approval of an ordinance that would include a smaller project while
addressing traffic and growth issues.
Richard Hill Adams, City resident, felt the petition signatures were not gathered
properly. He supported the ordinance as the City needs a school and more
housing. He asked that grading operations be allowed to proceed.
Mark Nielson, City resident and Co -Chair of CAUSE, felt the signatures were
gathered properly. Cause supports a high school. He suggested an alternative
project with less homes, larger lots, mitigated parking and traffic issues, removal
of San Juan Creek from the Master Plan of Highways and not ridgelines
exception. He also suggested local public transportation to relieve traffic on
Ortega Highway.
Phil Schwartze, City resident and representative of the applicant, said that project
did not include ridegeline development; the number of proposed homes had been
reduced significantly; the project includes addition of equestrian trails and joint
use of an 8 acre park; relieves school overcrowding, and provides 70% of the
land as open space.
Diane Sage, City resident, felt the ordinance should not go to the voters, but also
opposed the referendum. She asked that the City move forward with approval of
the tract map.
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Marlene Draper, City resident and Capistrano Unified School District (CUSD)
Trustee, felt issue should be placed on November ballot and said that CUSD
would be interested in participating in a ballot argument. She asked that the
tentative tract map proceed in its approval processing.
Dave Doomey, City resident and Assistant Superintendent of CUSD, said the
school was proceeding to provide school facilities as the voters approved a tax
for this use in 1999. He requested continued approval processing of the tentative
tract map.
Mike Darnold, City residents and CUSD Trustee, requested that the City place
the item on the ballot.
Anne Fox, City resident, felt the majority of citizens were opposed to the
Whispering Hills project. She felt the project could be improved and supported
placing the issue on the ballot.
Ray Turner, City resident, felt errors were made in the signature gathering
process. He asked that CAUSE withdraw the petition.
Council Comments:
Council Members ascertained that the school district was planning for 2,200
students at the proposed high school, 1,600 of those would be San Juan
Capistrano residents.
John Shaw, City Attorney, informed the Council that there was a 12 month
suspension of a rezoning ordinance, upon receipt of a petition containing at least
10% of the registered voters' signatures. He also indicated that the project
tentative tract map approval processing could proceed and the tract map could
be approved conditionally, based on the results of the election process.
Council Action:
Moved by Council Member Swerdlin, seconded by Council Member Campbell
and carried unanimously, 3-0, to adopt Resolution No. 02-07-30-01 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY,
NOVEMBER 5, 2002 FOR THE SUBMISSION TO THE QUALIFIED VOTERS
AN ORDINANCE."
Council Members concurred that the City Council would not set priorities for filing
of written arguments regarding the submission of the Whispering Hills Rezone
Ordinance to the voters.
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Moved by Council Member Swerdlin, seconded by Council Member Campbell
and carried unanimously, 3-0, to allow for submission of rebuttal arguments
related to the Whispering hills Rezone Ordinance submitted to the voters.
ADJOURNMENT
There being no further business, Mayor pro tem Gelff adjourned the meeting at 8:07
p.m. to the Regular Meeting of Tuesday, August 6, 2002 in the City Council Chamber.
Respectfully submitted,
E2.�L"
Mafg)aret R. Monahan, City Clerk
Approved: August 20, 2002
Joh S. Gelff or pro tem
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