00-0118_CC_Minutes_Regular Meeting37.1
JANUARY 18, 2000
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in a Closed Session at 5:30 p.m. for the following purpose, as authorized by
statute:
Pursuant to Government Code Section 54956.9(2)(A), the City Council will confer with
its Legal Counsel regarding one matter.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was
called to order by Mayor Campbell at 7:00 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Pastor Brian Wood, Calvary Chapel
of San Juan Capistrano. Mayor Campbell announced that the meeting would be dedicated in
honor of Council Member Hart's mother who recently passed away.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
John Greiner, Council Member
David M. Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; William M. Huber,
Engineering and Building Director; William Ramsey, Principal Planner; Al King, Community
Services Director; Amy Amirani, Public Works Director; Lt. Rick Stahr, Orange County Sheriffs
Department; and Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS- CITY COUNCIL, COMMUNITY
REDEVELOPMENT AGENCY AND CAPISTRANO VALLEY WATER DISTRICT
Mayor Campbell announced there was no action to report from the Closed Session.
INTRODUCTION PRESENTATIONS AND DONATIONS
RECOGNITION OF SAN JUAN CAPISTRANO DEPUTY OF THE YEAR 610.40
Written Communications:
Report dated January 18, 2000, from the Chief of Police Services recommending that
Deputy Robert "Bob" Peterson be recognized as the 1999 San Juan Capistrano Deputy
of the Year for his hard work, dedication to duty and service to the residents of the City.
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Deputy Robert Peterson was present to receive a special plaque and certificate from the
City Council and was recognized as the 1999 San Juan Capistrano Deputy of the Year.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Hart introduced the following persons in attendance: Bill Hardy and
Don Tryon, Cultural Heritage Commission; Joanne deGuevara and Marie Buckner,
Housing Advisory Committee; Robert Cardoza, Parks, Recreation and Equestrian
Commission; Ed Johnson, William Pichler, Sheldon Cohen and Michael Eggers,
Planning Commission; Al and June Simmons; former Mayor Philip Schwartze; and Sue
Stahr.
Presentation from VFW Serra Post 3801 150.10
In appreciation of the dedication of the City Council and City Staff for the programs provided
to the citizens, Jack Campbell, VFW 3801 Post Commander, 27792 Camino Santo Domingo,
presented a check for $1,000 as a contribution from the VFW to the Community Center fund.
ORAL COMMUNICATIONS
CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY
Girl Scout Troop 534 Silver Award Project (130
Geneva Lido, 25782 Calle Ricardo, and Jennifer Fisher, 33932 Calle Borrego, advised
that their Girl Scout Cadet Troop 534 was working on a Silver Project and wished to
hold an Easter 2000 event on April 15, 2000, at Marco Forster School. They asked for
the City Council and community support and the Community Services Director was
directed to work with the Troop to assist their project.
2. Mission Exhibit 960.10
Jan Siegel, 27201 Calle Delgado, representing the Mission and the Historical Society,
advised that a new exhibit would be opening at the Mission on January 22, 2000, with
an 11:00 a.m. ribbon cutting. She extended an invitation to the event, noting that
admission would be free.
CONSENT CALENDAR
It was moved by Council Member Greiner, seconded by Council Member Hart, that the Staff
recommendations be accepted for the following items listed on the Consent Calendar. The
motion carried by the following vote:
AYES: Council Members Greiner, Hart and Swerdlin and Mayor
Campbell
NOES: None
ABSENT: None
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MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES
The Minutes of the Regular Meeting of December 14, 1999, were approved as
submitted.
3. RECEIVE AND FILE WARRANTS OF DECEMBER 28, 1999 (300.30
The List of Demands dated December 28,1999, in the total amount of $249,971.49 was
ordered received and filed.
4. APPROVAL OF BUDGET AMENDMENT AND AWARD OF CONTRACT -
DOWNTOWN LIGHTING PROGRAM PHASE II CIP NO. 118 BUILDING
ENERGY CONSULTANTS 600.30
As set forth in the Report dated January 18, 2000, from the Engineering and Building
Director, a budget transfer of $15,000 from the Del Obispo Street Driveway
Improvements (CIP No. 101) was approved; the contract for the Downtown Lighting
Program, Phase II, was awarded to the low responsible bidder, Building Energy
Consultants, in the amount of $142,222; all other bids were rejected; and, the Mayor
and City Clerk were authorized to execute the documents on behalf of the City.
5. APPROVAL OF LICENSE AGREEMENT FOR USE OF THE CONCESSION
STAND AT THE SAN JUAN CAPISTRANO SPORTS PARK (SAN JUAN
LITTLE LEAGUE) (600.30
As set forth in the Report dated January 18, 2000, from the Community Services
Director, the License Agreement between the City of San Juan Capistrano and the San
Juan Capistrano Little League was approved for use of the concession stand at the San
Juan Capistrano Sports Park from February 1, 2000, through August 18, 2000.
6. APPROVAL OF LICENSE AGREEMENT FOR USE OF THE CONCESSION
STAND AT COOK PARK CORDOVA (CAPISTRANO GIRLS SOFTBALL)
(600.
3�
As set forth in the Report dated January 18, 2000, from the Community Services
Director, the License Agreement between the City of San Juan Capistrano and
Capistrano Girls Softball was approved for use of the concession stand at Cook Park
Cordova from February 1, 2000, through August 18, 2000.
7. APPROVAL OF YEAR 2000 SCHEDULE FOR THE STREET BANNER AT DEL
OBISPO AND CAMINO CAPISTRANO 410.40
As set forth in the Report dated January 18, 2000, from the Economic Development
Manager, the Year 2000 Schedule and Modifications to City Council Policy #419
regarding street banner standards were approved.
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8. ADOPTION OF RESOLUTION ACCEPTING AN EASEMENT PREVIOUSLY
OFFERED AS AN IRREVOCABLE OFFER FOR ACCESS, UTILITY, AND
PUBLIC FACILITY PURPOSES, TRACT 14379, PEPPERWOOD ESTATES
(SAN JUAN ENCLAVE, LLC) (670.50)
As set forth in the Report dated January 18, 2000, from the Engineering and Building
Director, the following Resolution accepting the easement for utility and public facility
purposes, previously offered as an Irrevocable Offer, was adopted:
RESOLUTION NO. 00-1-18-1, ACCEPTING EASEMENT FOR UTILITY
AND PUBLIC FACILITY PURPOSES -TRACT 143791 PEPPERWOOD
ESTATES (SAN JUAN ENCLAVE, LLC) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING A PREVIOUSLY OFFERED IRREVOCABLE
OFFER OF DEDICATION OF AN EASEMENT, IDENTIFIED AS "OFFER
F," FOR UTILITY AND PUBLIC FACILITY PURPOSES, TRACT
14379/PEPPERWOOD ESTATES (SAN JUAN ENCLAVE, LLC)
The City Clerk was directed to forward the Resolution to the Orange County Recorder
for recordation.
9. ADOPTION OF RESOLUTION DECLARING A PORTION OF APN 121-141-25
AND APN 121-141-26 SURPLUS PROPERTY (MULTI -MODAL) (670.70)
As set forth in the Report dated January 18, 2000, from the Administrative Services
Director, the following Resolution declaring certain parcels as surplus property, was
adopted:
RESOLUTION NO. 00-1-18-2, DECLARING SURPLUS PROPERTY -
ASSESSOR PARCEL NUMBERS 121-141-25 AND -26 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING THE EASTERLY 4,300
SQUARE FEET OF LOTS 9 AND 10, TRACT 50, LOCATED ADJACENT
TO CAMINO CAPISTRANO EAST OF THE CAPISTRANO DEPOT,
ALSO IDENTIFIED AS ASSESSOR PARCEL NUMBERS 121-141-25
AND 121-141-26, AS SURPLUS
10. APPROVAL OF DEFERRING THE TIME OF UTILITY UNDERGROUNDING
FOR COMBINATION WITH THE CITY'S UNDERGROUNDING PROJECT
ALONG DEL OBISPO STREET ARCHITECTURAL CONTROL 98-
111CAPISTRAN0 VALLEY BAPTIST CHURCH AND CHRISTIAN SCHOOL
60( 0.30)
As set forth in the Report of January 18, 2000, from the Engineering and Building
Director, the In -lieu fee and the deferral of time for the undergrounding utilities along the
Capistrano Valley Baptist Church property frontage along Del Obispo Street was
approved, based on its location within the boundaries of a proposed City
Undergrounding Utility District Conversion Project. The Mayor and City Clerk were
authorized to execute the Financial Development Agreement with the Capistrano Valley
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-4-
375
Baptist Church. The City Clerk was directed to forward the Financial Development
- Agreement to the Orange County Recorder for recordation, and to accept the
corresponding securities.
11. ADOPTION OF RESOLUTION ESTABLISHING 1999/2000 APPROPRIATION
LIMITATION (_330.20)
As set forth in the Report dated January 18, 2000, from the Administrative Services
Director, the following Resolution, establishing the 1999-2000 appropriation limitation
of $33,835,275, was adopted:
RESOLUTION NO. 00-1-18-3. ESTABLISHING APPROPRIATION
LIMITS - 1999-2000 FISCAL YEAR - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ARTICLE XIIIB APPROPRIATION LIMITATION (GANN
LIMIT) FOR THE 1999-2000 FISCAL YEAR
12. INITIATION OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
DELETION OF RESTAURANTS WITH DRIVE-THROUGH FACILITIES (420.30)
As set forth in the Report dated January 18, 2000, from the Planning Director, the
following Resolution, was adopted:
RESOLUTION NO. 00-1-18-4, INITIATING AMENDMENT TO TITLE 9 -
RESTAURANTS WITH DRIVE-THROUGH FACILITIES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATINGAN AMENDMENT TO TITLE
9 OF THE MUNICIPAL CODE TO CONSIDER DELETION OF
RESTAURANTS WITH DRIVE-THROUGH FACILITIES AS EITHER A
PERMITTED OR CONDITIONAL USE WITHIN THE CITY
A letter dated January 7, 2000, was received from Arlene Ramas stating opposition to
the proposed amendment.
13. WAIVER OF FEES FOR RENTAL OF COMMUNITY CENTER (BOYS & GIRLS
CLUB OF CAPISTRANO VALLEY) (390.30
As set forth in the Report dated January 18, 2000, from the Community Services
Director, the Community Center rental fees were waived for the Boys & Girls Club of
Capistrano Valley Board of Directors meeting to be held on Friday, January 14, 2000,
and for similar requests of the Boys & Girls Club of Capistrano Valley through June 30,
2000.
14, AWARD OF BID - MISSION BELL PLAY EQUIPMENT (CONTINENTAL
LEISURE) (370.30)
As set forth in the Report dated January 18, 2000, from the Public Works Director, the
formal bidding procedure for the acquisition of play equipment for Mission Bell Park was
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waived per Municipal Code Section 3-4.305(g); and, purchase of the Mission Bell Play
Equipment from Continental Leisure in the amount of $22,854.75 was approved.
The following item was removed from the Consent Calendar at the request of Council Member
Swerdlin:
APPROVAL OF SALE OR LEASE OF SOUTH EAST REGIONAL
RECLAMATION AUTHORITY (SERRA) ADMINISTRATION BUILDING
10{ 40.60)
Written Communications:
Report dated January 18, 2000, from the Engineering and Building Director, advising
that the SouthEast Regional Reclamation Authority had been working to reduce costs
and consolidate operations to keep member costs down. Based on SERRA's financial
analysis, the report recommended that the existing administrative building be leased
and the administrative functions be consolidated with the maintenance function at the
treatment plant facilities.
Council Member Comments:
Council Member Swerdlin stated his preference that the administrative building be sold
rather than leased.
Approval of Lease:
It was moved by Council Member Greiner and seconded by Council Member Hart that
lease of the SERRA Administrative Building be approved. The motion carried by the
following vote:
AYES: Council Members Greiner and Hart and Mayor Campbell
NOES: Council Member Swerdlin
ABSENT: None
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:35 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:40 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CONSIDERATION OF A PUBLIC GOLF COURSE ON THE GLENDALE
FEDERAL SOUTHERN OPEN SPACE -APN #675-011-27 ROBINSON GOLF
DESIGN) (960.50)
Written Communications:
1. Report dated January 18, 2000, from the Principal Management Analyst,
advising that the City had been approached by a developer about building a
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public golf course on a portion of the Glendale Federal Open Space which had
been designated to include such uses. Staff had explored the merits of a golf
course opportunity and met with the five neighboring homeowners associations
in the Camino Las Ramblas area. The Report advised that response to the
concept had been mixed, ranging from endorsement to adamant opposition.
Concerns had included site access via Camino Las Ramblas and traffic
generated by the proposed restaurant and banquet facilities. The Report
provided background information and recommended that Camino Las Ramblas
not be used to access a golf course and that no further consideration be given
to the concept unless a feasible access could be identified.
2. Letter dated January 7, 2000, from Ted Robinson, Jr., 30131 Town Center Dr.,
Ste. 268, Laguna Niguel, addressing the issues surrounding a bankruptcy that
had been declared by Robinson Golf Holdings, a Limited Liability Company
formed in equal partnership with Stan Fargeon to develop a 36 -hole golf complex
in Santa Clarita.
Letters opposing the proposed golf course were received from the following:
Michael Leon, 33861 Montanas Del Mar, dated December 27, 1999;
John and Justine Milberg, 33811 Donegal Lane, dated January 11, 2000
Undated letter from Save the Open Space, San Juan Capistrano
Per and Gry Kvalheim, 33852 Kildare Lane, dated January 10, 2000
Ronald Paul, 33862 Montanas Del Mar, dated January 11, 2000
Michael Kinney, 8 Whatney, Irvine, dated January 7, 2000
Craig Walkon, 24012 Calle de la Plata, Suite 460, Laguna Hills, dated January
5, 2000
Letters supporting the proposed golf course were received from the following:
Michael and Laurie Burnham, 26865 Via La Mirada, dated January 12, 2000
Mary Bolich, 33821 Calle Borrego, dated January 9, 2000
Ray Gelgur, 629 Camino De Los Mares, Suite 201, San Clemente, dated
January 3, 2000
Douglas Dumhart, Principal Management Analyst, made an oral presentation outlining
the concerns and responses of each of the five homeowners associations in the Camino
Las Ramblas area. He addressed concerns that had been expressed by homeowners
in the Ocean Pointe development who felt that misrepresentations had been made
regarding the future of Camino Las Ramblas and the open space. Given the concerns
and the layout of the Ocean Pointe development Mr. Dumhart stated Staff's feeling that
the golf course should not be considered further until a better access could be found.
Developer's Comments:
Ted Robinson of Robinson Golf Design stated that he did not concur with Staffs
recommendation, noting that approval of the project was not under consideration, only
whether to move forward. He indicated that trails would be replaced and the area would
be opened to more people than use it currently. He questioned whether, upon approval
of the Ocean Pointe development, the City had abandoned the use of Camino Las
Ramblas to access the open space for any type of use. He addressed the positive
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aspects of the project, including the financial opportunities that could be made possible
by a golf course.
In response to Council Member Swerdlin, Mr. Robinson reviewed environmental, traffic,
and community issues related to their Santa Clarita project.
RECESS AND RECONVENE
Council recessed at 8:08 p.m. and reconvened at 8:16 p.m.
Public Comments:
(1) Michael Kinney, 33872 Montanas Del Mar, expressed opposition to a golf
course, stating that he had issues of trust with the City, concerns with noise, and
concerns that a natural valley and hillsides would be destroyed.
(2) Mike Redding, 27592 Paseo Castile, stated that he had been actively involved
with the Open Space Master Plan and was a member of the Sierra Club
Conservation Agency. He expressed concern about the impact on endangered
species and the continually shrinking open space. Mr. Redding also stated that
Southern California did not have the water to support continued development of
these types of large projects.
(3) Marianne Richards, 28122 Pacifica Del Mar, stated that prior to purchasing their
home they had visited the City offices and no mention had been made of the
possibility of a golf course being built in the open space. She expressed concern
with preservation of the ridgelines and open space and felt this type of
development did not benefit the residents.
(4) Dan Merkle, 33842 Montanas Del Mar, representing Save the Open Space,
expressed concerns with Staffs reasoning for not proceeding with the proposal.
He indicated his group had reviewed the proposal from broader perspective and
discussed their considerable concerns regarding policy and process;
environmental impact and economics. He felt a comprehensive use for the
space had not been examined and discussed how the proposal would impact the
environment. He stated the strongest argument against the proposal could be
based on economics, advising that there was concern about an oversupply of
golf courses. Mr. Merkle recommended that the City form a task force to craft
a plan for use of the open space.
(5) Michael Leon, 33861 Montanas Del Mar, emphasized the economic issues of
building a golf course, quoting from newspaper articles that spoke of an
oversupply of golf courses with no growth in the number of users.
(6) Tom Armstrong, 28211 Las Brisas Del Mar, stated that he had appreciated the
opportunity to explore a potential golf course use with the City. He stated
concern that the recommendation left the door open for the issue to resurface.
He suggested that the City prepare a specific plan for each open space site to
develop realistic uses.
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(7) John Korbonski, 33731 Glocamora Lane, advised that he lived in the Connemara
development and stated that the Staff report misrepresented opinions from the
Connemara neighborhood. He stated that the Homeowners Association had not
disseminated information to the members and that many were opposed to this
project.
(8) Susan Bernstein, 33791 Shannon Lane, stated that the Staff report was not
factual for all the residents concerned in the Connemara neighborhood, noting
that she was opposed to this project.
(9) Vic Herlacher, 33761 Glocamora Lane, noted that he was a Connemara resident
who opposed the project. He cited concerns regarding impacts on the ridgelines
and adjacent neighborhoods, as well as the economics of this project.
Council Member Comments:
Council Member Greiner stated that there was never any intention on the City's part to
misinform or hide information. He reiterated that the Council had no intention of
extending Camino Las Ramblas and stated support for Staffs recommendation.
Council Member Swerdlin noted his concerns regarding the future of the City as it
matured and built out and what kind of services it would be able to offer. At his request,
the City Manager discussed the differences between the northern open space, which
was restricted to open space with no recreational uses, and the southern open space,
where a number of uses had been identified. The City Manager advised that due to the
location of certain ridgelines, the General Plan would have to be amended for this
project to go forward. Council Member Swerdlin stated that he supported Staffs
recommendation.
Council Member Hart noted that past Council's and Planning Commissions had fought
to make the City what it is and stated his support for the Staff recommendation.
Consideration of Golf Course Terminated:
it was moved by Council Member Greiner, seconded by Council Member Swerdlin and
unanimously carried that use of Camino Las Ramblas to access the golf course was not
suitable and that no further consideration of a potential golf course on the Southern
Open Space would occur unless a feasible alternative access was identified, noting that
access through the Meredith Canyon or Connemara areas was also not acceptable.
PLANNING DIRECTOR
APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED
OWNER -OCCUPIED REHABILITATION LOAN PROGRAM GUIDELINES
(480.30)
Written Communications:
Report dated January 18, 2000, from the Planning Director, advising that on July 1,
1999, the City had been awarded $500,000 in Community Development Block Grant
Funds to be used for Owner -Occupied Rehabilitation Loan Program and for continued
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funding for a welfare -to -work child care program. The Report advised that Program
Guidelines had to be adopted before the funds could be used.
Approval of Guidelines:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to approve the State of California Community Development Block
Grant Funded Owner -Occupied Rehabilitation Loan Program Guidelines.
2. APPROVAL OF MODIFICATIONS TO MOBILE HOME REHABILITATION
LOAN PROGRAM GUIDELINES 480.30
Written Communications:
Report dated January 18, 2000, from the Planning Director, advising that on
November 3, 1999, the City had approved guidelines for the State Community
Development Block Grant -funded Mobile Home Rehabilitation Program. The Report
recommended six modifications to the Guidelines and discussed the reasons for
requesting the modifications.
Approval of Modifications:
it was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to approve the modifications to the Mobile Home Rehabilitation
Loan Program Guidelines.
PUBLIC WORKS DIRECTOR
1. APPROVAL OF BUDGET AMENDMENT - LOS RIOS ENTRY PLAZA
PROJECT (410.50)
Written Communications:
Report dated January 18, 2000, from the Public Works Director, advising that the Los
Rios Entry Plaza was currently constructed of two differing materials, one of which was
creating problems. It was estimated that replacement of the sand/granite with
concrete/terra cotta pavers to provide uniformity would cost $20,000.
Motion to Approve a Budget Amendment:
It was moved by Council Member Greiner, seconded by Council Member Hart and
unanimously carried that a budget amendment of $20,000 from the Gas Tax Fund
reserves to this project be approved to remove the sand/granite area and replace it with
concrete/terra cotta pavers to match the north half of the entry.
2. APPROVAL OF CHANGE ORDER NO. 1, RESOLUTION NOTICE OF
COMPLETION AND FINAL REPORT - VIA CERRO REBAL LANDSLIDE
GRADING FOR INTERIM PROJECTION AND DEBRIS REMOVAL ORTIZ
ENTERPRISES 600.30
Written Communications:
Report dated January 18, 2000, from the Public Works Director, advising that work had
been completed for the landslide remediation project and due to additional excavation
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required to prevent future surface slippage a Change Order to the contract in the
amount of $28,783 was necessary.
Adoption of Resolution:
It was moved by Council Member Hart and seconded by Council Member Greiner that
the Change Order be approved to increase the contract by $28,783; and that the
following Resolution be adopted declaring work complete in the amount of $105,550:
RESOLUTION NO. 00-1-18-5, COMPLETION OF VIA CERRO REBAL
LANDSLIDE REPAIR (ORTIZ ENTERPRISES, INC.) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORKTO BE COMPLETE AS TO PLANS
AND SPECIFICATIONS FOR THE VIA CERRO REBAL LANDSLIDE
GRADING FOR INTERIM PROTECTION AND DEBRIS REMOVAL
PROJECT (ORTIZ ENTERPRISES, INC.)
The motion carried by the following vote:
AYES: Council Members Greiner, Hart and Swerdlin and Mayor
Campbell
NOES: None
ABSENT: None
The City Clerk was directed to forward the Notice of Completion for the Via Cerro Rebal
Landslide Grading for interim protection and debris removal to the Orange County
Recorder for recordation.. Staff was authorized to release the retention in the amount
of $5,277.54 35 days after recording the Notice of Completion.
COMMUNITY SERVICES DIRECTOR
DENIAL OF AWARD OF REUSE OF THE OLD FIRE STATION RECREATION
COMPLEX (SAN JUAN CAPISTRANO RESEARCH INSTITUTE) (260.10)
Written Communications:
Report dated January 18, 2000, from the Community Services Director, describing the
process that was followed to determine options for the reuse of the Old Fire Station
Complex. The Report advised that extensive public input had been received and the
Parks, Recreation and Equestrian Commission had subsequently recommended that
reuse of the Old Fire Station site be awarded to the San Juan Capistrano Research
I nstitute.
Al King, Community Services Director, made an oral presentation.
Public Comments:
(1) Ed Johnson, 30591 Via Ventana, representing the YMCA, spoke in support of
their proposal. He reviewed the services provided by the YMCA and discussed
traffic, parking and programming issues.
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(2) Don Tryon, 27539 Paseo Mimosa, urged support for the San Juan Research
Institute, noting that local schools benefitted by visits and learning about science.
(3) Tony Brown, 31481 La Matanza Street, stated that it was a unanimous
neighborhood decision to oppose the YMCA's use of this facility because the
facility had a limited growth potential. The neighborhood also had concerns
regarding trash, noise, traffic, and the safety of children who play in the streets
nearby.
(4) Orrie Brown, 31481 La Matanza Street, requested that the City Council either
approve Staffs recommendation, or not approve either proposal. Ms. Brown
stated that she was concerned with the economic feasibility of the YMCA's
proposal when many programs had been removed in order to accommodate use
at this facility. She noted the many uses in the area that currently impact the
neighborhood and presented a petition containing approximately 33 signatures
of residents of the historic Mission District opposed to use of the facility by the
YMCA.
(5) Ed Nunez, 31392 La Matanza Street, expressed concerns with the limited on-
site parking and traffic. Mr. Nunez stated that this site was not suited for the
YMCA and urged approval of the Commission's recommendation.
(6) Patrick Crowley, 31467 EI Horno, stated that he was opposed to the YMCA's
proposal due to the traffic impacts and lack of parking. Mr. Crowley suggested
that the YMCA use the Community Center.
Council Member Comments:
Council Member Greiner stated that he understood the need for children's programs but
he also understood the need for sensitivity of uses in this area, advising that he was
also not convinced that the San Juan Capistrano Research Institute was the best use.
Council Member Swerdlin felt the YMCA needed to be in a more suitable location
because its impact on the neighborhood would be too great. He also indicated he did
not support the San Juan Capistrano Research Institute's proposal and suggested that
this item be continued and that Staff be directed to pursue other proposals.
Council Member Hart stated that he understood the neighborhood's concerns with the
multiple programs already offered in the nearby vicinity. He indicated his support of the
Staff recommendation. Mayor Campbell concurred with the suggestion for a
continuance and suggested that Staff review ways to help the YMCA find a new locale.
Resection of Proposals:
it was moved by Council Member Greiner, seconded by Council Member Swerdlin and
unanimously carried to reject the proposals received for reuse of the Old Fire Station
site from the Capistrano Beach Cities YMCA and the San Juan Capistrano Research
Institute; and, to direct Staff to identify other uses for the facility.
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ORDINANCES
1. ORDINANCE REVOKING INTERIM URGENCY ORDINANCE NO. 838 (440.25)
(ADOPTION)
Written Communications:
Report dated January 18, 2000, from the City Clerk advising that the Ordinance was
introduced at the meeting of January 4, 2000, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all
Ordinances had been waived earlier in the meeting. It was moved by Council Member
Greiner and seconded by Council Member Swerdlin that the following Ordinance be
adopted:
ORDINANCE NO. 844, REVOKING INTERIM URGENCY ORDINANCE
NO. 838 - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REVOKING ORDINANCE NO. 838,
WHICH SUSPENDED THE PROCESSING OF CERTAIN
DEVELOPMENT APPLICATIONS TO COMPLETE A REVIEW AND
UPDATE OF THE GENERAL PLAN
The motion carried by the following vote:
AYES: Council Members Greiner, Hart, Swerdlin and Mayor Campbell
NOES: None
ABSENT: None
2. ORDINANCE AMENDING TITLE 6 OF THE MUNICIPAL CODE - MUNICIPAL
SOLID WASTE COLLECTION LAW 810.80 ADOPTION
Written Communications:
Report dated January 18, 2000, from the City Clerk advising that the Ordinance was
introduced at the meeting of January 4, 2000, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all
Ordinances had been waived earlier in the meeting. It was moved by Council Member
Greiner and seconded by Council Member Swerdlin that the following Ordinance be
adopted:
ORDINANCE NO. 845 AMENDING TITLE 6 OF THE MUNICIPAL
CODE - MUNICIPAL SOLID WASTE COLLECTION LAW - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 6-3.10 OF THE MUNICIPAL
CODE RELATING TO ILLEGAL DUMPING
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The motion carried by the following vote:
AYES: Council Members Greiner, Hart, Swerdlin and Mayor Campbell
NOES: None
COUNCILMANIC ITEMS
1. REVIEW OF CITY COUNCIL APPOINTMENTS 610.60
Written Communications:
Report dated January 18, 2000, from the Community Liaison, forwarding the list of
current Council appointments to internal committees and outside agencies.
City Council Appointments:
With Council consensus, Council Member Hart was selected to represent the City on
the San Juan Basin Authority and on SERRA; Council Member Swerdlin was selected
to serve as the Alternate. It was moved by Mayor Greiner, seconded by Council
Member Greiner and unanimously carried that the remainder of the appointment review
be continued for consideration following an appointment to the current Council vacancy.
2. CONSIDERATION OF OPTIONS TO FILL COUNCIL VACANCY (610.50I
Written Communications:
Report dated January 18, 2000, from the City Attorney, advising that the legal options
available relating to a vacancy on the City Council were set forth in Government Code
Section 36512. Within 30 days from the commencement of the vacancy, the City
Council was required to either fill the vacancy by appointment; call a special election to
fill the vacancy; or fill the vacancy on an interim basis and call a special election. State
law provided that in this instance a special election must be held on a regularly
established election date not less than 114 days from the call of the special election.
In this case a special election would be held on November 7, 2000. The Report
forwarded an Ordinance which would establish procedures for filling a Council vacancy.
Julie Boyd, 31172 Old Ranch Road, urged that residents be given the opportunity to
elect former Council Member Jones' replacement.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in order. Further reading of all
Ordinances had been waived earlier in the meeting. It was moved by Council Member
Hart and seconded by Council Member Swerdlin that the following Urgency Ordinance
be adopted:
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URGENCY ORDINANCE NO. 846, FILLING OF COUNCIL VACANCIES
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
PROCEDURES FOR THE FILLING OF A COUNCIL VACANCY
The motion carried by the following vote:
AYES: Council Members Greiner, Hart, Swerdlin and Mayor Campbell
NOES: None
ABSENT: None
It was the consensus of Council that an appointment will be made February 1, 2000, to
fill the vacancy until a special election could be held on November 7, 2000 to fill the
vacancy for the remainder of the term. Applications for the vacancy will be accepted
until 5:00 p.m. on January 25, 2000.
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Waste Management Commission (810.10
Council Member Greiner advised that he had been selected as Chairman of the
Commission.
b. Orange County Vector Control District (560.50)
Council Member Swerdlin noted District had adopted Resolution 234 calling for
support of the District's role in eradication of the Red Imported Fire Ants. He
requested that the item be agendized for February 1, 2000. Council Member
Swerdlin noted that the Vector of the Month was the Red Imported Fire Ant,
COUNCIL COMMENTS
Water Qualily Control 1050.80
Council Member Greiner asked about testing for MTBE in the drinking water and was
advised that testing was done a regular basis.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:07 p.m.
to the next regular meeting date of Tuesday, February 1, 2000, at 7:00 p.m. in the City Council
Chamber.
Respectfully submitted,
CHERYL JOW4SOff, CITY CLERK
ATTEST:
LLEWCAMIaBELL, MAYOR
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