00-0919_CC_Minutes_Regular Meeting177
September 19, 2000
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED_ SESSION (610.85) - None
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 7:05 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Dr. Corey Melia, Associate Pastor,
Ocean Hills Community Church. The meeting was dedicated to the memory of Kit Hunter.
ROLL CALL. PRESENT. Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
Diane Bathgate, Council Member
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; Dawn Schanderi, Deputy City Clerk; Cynthia L.
Russell, Administrative Services Director; William M. Huber, Engineering and Building Director;
Thomas Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King,
Community Services Director; Lt. Rick Stahr, Orange County Sheriffs Department; Karen
Vavan, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
INTRODUCTION, PRESENTATIONS AND DONATIONS
1. RECOGNITION OF ASSOCIATED SENIOR ACTION PROGRAM MEMBER JIM
EASLEY FOR 3,000 HOURS OF SERVICE (610.40)
Written Communications:
Report dated September 19, 2000, from the Community Liaison, describing Mr. Easley's
contributions to the community and advising that he had become eligible to receive
recognition for 3,000 hours of service with the Associated Senior Action Program.
Mr. Jim Easley was present to receive the resolution of recognition from Mayor
Campbell and the 3,000 -hour pin from his son-in-law Sheriffs Department Captain .toe
Davis.
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2. RECOGNITION OF ASSOCIATED SENIOR ACTION PROGRAM MEMBER
VIVIENNE DA COSTA FOR 3,000 HOURS OF SERVICE (610.40)
Written Communications:
Report dated September 19, 2000, from the Community Liaison, describing Mrs.
daCosta's contributions to the community and advising that she had become eligible to
receive recognition for 3,000 hours of service with the Associated Senior Action
Program.
Mrs. daCosta was present to receive the resolution of recognition and the 3,000 -hour
pin from Mayor Campbell.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tern Hart introduced the following persons in attendance: Ed Johnson and
Sheldon Cohen, Planning Commission; Marie Buckner and Joann deGuevera, Housing
Advisory Committee; Lee Buser, Cultural Heritage Commission; Les Blair, Senior
Liaison; Robert Cardoza, Kathy Holmes -Hooper and Tom Ostensen, Parks, Recreation
and Equestrian Commission.
Al King, Community Services Director, announced that the final Summer Nites Concert was
scheduled for Wednesday, September 20, 2000.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
It was moved by Council Member Hart, seconded by Council Member Swerdlin, 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 Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 15, 2000
The Minutes of the Regular Meeting of August 15, 2000, were approved as submitted.
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3. RECEIVE AND FILE WARRANTS OF AUGUST 24, 2000 (300.30)
The List of Demands dated August 24, 2000, in the total amount of $1,150,624.29, was
ordered received and fled.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR JULY 31, 2000 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month ending July 31, 2000,
was ordered received and filed.
5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated September 19, 2000, from the Planning Director, advising that no new
applications had been received since the last Report on August 15, 2000, was ordered
received and filed.
6. APPROVAL OF RESOLUTION, NOTICE OF COMPLETION, ACCEPTANCE
OF IMPROVEMENTS AND RELEASE OF SURETY TRACT 15301, PARKSIDE
PLACE (TAVAITHOMPSON LLC) (600.30)
As set forth in the Report dated September 19, 2000, from the Director of Engineering
and Building, the following Resolution was adopted accepting the public improvements
and authorizing release of the Surety for Tract 15031:
RESOLUTION NO. 00-9-19-1 COMPLETION OF IMPROVEMENTS
AND RELEASE OF CORRESPONDING BONDS TRACT 15301
PARKSIDE PLACE (CITATION HOMESITAVA THOMPSON LLC). — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF IMPROVEMENTS WITHIN TRACT 15301,
PARKSIDE PLACE (CITATION HOMESITAVA THOMPSON LLC)
The City Clerk was directed to forward a Notice of Completion for the public
improvements within Tract 15301 to the County Recorder. The following bonds will be
released 35 days after recording the Notice of Completion:
Surety - American Motorist
Insurance Companv
Bond #3SM 910 016 00
Bond #3SM 910 015 00
Bond #3SM 910 014 00
Bond #3SM 910 017 00
Bond #3SM 910 018 00
Improvement Amount
Street $177,291
Storm Drain $ 47,009
Sewer $ 75,368
Landscape/irrigation $ 21,970
Monumentation $ 4,200
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7. APPROVAL OF RESOLUTION, NOTICE OF COMPLETION AND
ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY, TRACT
13726 (TOLL BROTHERS, INC./ESTATES OF SAN JUAN CAPISTRANO, LP)
600.30
As set forth in the Report dated September 19, 2000, from the Director of Engineering
and Building, the following Resolution was adopted accepting the public improvements
and authorizing release of the Surety for Tract 13726:
RESOLUTION NO. 00-9-19-2 COMPLETION OF IMPROVEMENTS
AND RELEASE OF CORRESPONDING BONDS, TRACT 13726,
(ESTATES AT SAN JUAN CAPISTRANO, L.P./TOLL BROTHERS) — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF IMPROVEMENTS WITHIN TRACT 13726
(ESTATES AT SAN JUAN CAPISTRANO, L.P./TOLL BROTHERS)
The City Clerk was directed to forward a Notice of Completion for the public
improvements within Tract 13726 to the County Recorder. The following bonds will be
released 35 days after recording the Notice of Completion:
Surety - National Fire
Insurance Co. of Hartford Improvement Amount
Bond #138090245 Street $442,408
Bond #138090231 Irrigation $436,472
Bond #138090228 Storm Drain $560,806
Bond #138090214 Sewer $143,564
Bond #138090181 Monumentation $ 40,000
8. APPROVAL OF RESOLUTION, NOTICE OF COMPLETION_ AND FINAL
REPORT — LOS RIOS ENTRY PLAZA GREEK'S CONCRETE 600.30
As set forth in the Report dated September 19, 2000, from the Public Works Director,
the following Resolution was adopted accepting the work as complete in the total
amount of $19,520.25:
RESOLUTION NO. 00-9-19-3, COMPLETION OF LOS RIOS ENTRY
PLAZA PROJECT—A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
LOS RIOS ENTRY PLAZA PROJECT
The City Clerk was directed to forward a Notice of Completion for the Los Rios Entry
Plaza public improvements to the County Recorder.
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9. APPROVAL OF AWARD OF BID — CITY-WIDE ASPHALT REPAIRS _(MJB
CONTRACTING, INC.) (600.30)
As set forth in the Report dated September 19, 2000, from the Public Works Director,
the City-wide Asphalt Repairs Contract, was awarded to MJB Contracting, Inc., for the
three-year period ending September 30, 2003, on an as -needed basis, not to exceed
$270,000. In addition, a budget amendment was approved in the amount of $60,000 to
cover any additional necessary asphalt repairs during this fiscal year.
10. APPROVAL OF BUDGET AMENDMENT AND AWARD OF CONTRACT -- LA
NOVIA AVENUE NORTHBOUND AND SOUTHBOUND RIGHT TURN LANES
AT SAN JUAN CREEK ROAD (EXCEL PAVING COMPANY) (CIP N_O. 138
60( 0.30)
As set forth in the Report dated September 19, 2000, from the Director of Engineering
and Building, a budget amendment was approved transferring $17,000 from the
Preventative Street Maintenance budget to this project. In addition, the contract for
construction of La Novia Northbound and San Juan Creek Road Southbound Right Turn
lanes, was awarded to Excel Paving Company in the total amount of $53,985.00.
11. APPROVAL OF AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO.
C-95-989 COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER
FUNDING AGREEMENT (OCTA) (600.50)
As set forth in the Report dated September 19, 2000, from the Director of Engineering
and Building, Amendment No. 3 to Cooperative Agreement No. C-95-989 Combined
Transportation Funding Programs Master Funding Agreement, maintaining the City's
eligibility to receive Measure M funds and Bicycle/Pedestrian Facilities funds in a timely
manner, was approved with the Orange County Transportation Authority.
PUBLIC HEARINGS
CONSIDERATION OF AMENDMENT TO SECTION 9-3.623 OF THE
MUNICIPAL CODE GOVERNING SPECIAL EVENT PERMITS TO ALLOW
AUTO DEALERS EXTENDED USE OF TENTS (420.30)
Proposal:
Consideration of an amendment to the Municipal Code to allow additional time for the
City's auto dealerships to use tents for promotional purposes. The proposed
amendment would continue to allow 32 days a year for a tent to promote auto
dealership sales; however, a second 45 -day time period would also be allowed subject
to a public hearing; approval by the Planning Commission; and, adherence to design
standards set by Section 9-3.623.
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Written Communication:
(1) Report dated September 19, 2000, from the Economic Development Manager,
recommending approval of the project negative declaration and introduction of
the ordinance adopting the proposed amendment.
(2) Memorandum dated September 13, 2000, from the Assistant City Manager,
forwarding the Resolution.
Mechelle Lawrence, Economic Development Manager, made an oral presentation,
describing the current practice and the proposed changes to the regulations.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and there being no response, closed the hearing with the right to re -open at
any time.
Approval of Amendment to Title 9:
It was moved by Council Member Hart, seconded by Council Member Swerdlin that the
following Resolution be adopted:
RESOLUTION NO. 00-9-19-4, CERTIFYING NEGATIVE
DECLARATION - AUTO DEALER'S EXTENDED USE OF TENTS AND
DISPLAYS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
NEGATIVE DECLARATION FOR THE AMENDMENT OF TITLE 9,
CHAPTER 3, ARTICLE 6, SECTION 9-3.623(g) AND ADDING SECTION
9-3.623(g)(4) OF THE MUNICIPAL CODE GOVERNING SPECIAL
EVENT PERMITS TO PERMIT ADDITIONAL TIME PERIODS
ALLOWED FOR CAR DEALERSHIP'S USE OF TENTS AND DISPLAYS
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
Introduction of Ordinance:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
following Ordinance be introduced:
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-6- 9119/00
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AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9.3.623 OF THE
MUNICIPAL CODE -- CAR DEALERSHIP TENT DISPLAYS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.623(g) AND
ADDING 9-3.623(g)(4) OF THE MUNICIPAL CODE GOVERNING
SPECIAL EVENT PERMITS TO PERMIT ADDITIONAL TIME PERIODS
ALLOWED FOR CAR DEALERSHIP'S USE OF TENTS AND DISPLAYS
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES None
ABSENT: None
2. CONSIDERATION OF RECOMMENDATIONS ON INTENDED FISCAL YEAR
2000-2001 USE OF CITIZENS_ OPTION_ FOR PUBLIC SAFETY (COPS)
GRANT FUNDS (580.10)
Proposal:
Consideration of recommendations made by the Chief of Police Services for use of the
State Citizen's Option for Public Safety (COPS) Grant Funds for Fiscal Year 2000-2001.
Written Communications:
Report dated September 19, 2000, from the Chief of Police Services, advising that the
City will receive $100,000 in this fiscal year in COPS grant funds and recommending
that the funds be used to again pay a portion of the cost for the Deputy Sheriff position
added to Police Services in Fiscal Year 1996-97.
Lt. Rick Stahr, Chief of Police Services gave an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and there being no response, closed the hearing with the right to re -open at
any time.
Approval of Recommendations:
It was moved by Council Member Hart, seconded by Council Member Bathgate, and
carried unanimously to approve the use of $100,000 in COPS Grant Funding in Fiscal
Year 2000-01 to again pay for a portion of the cost for the Deputy Sheriff position added
to Police Services in Fiscal Year 1996-97.
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RECESS AND RECONVENE
Council recessed at 7:30 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:31 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
CONSIDERATION OF AGREEMENT FOR ANIMAL CONTROLAND SHELTER
SERVICES WITH THE COUNTY OF ORANGE FOR FISCAL YEAR 2000-2001
600.50
Written Communications:
Report dated September 19, 2000, from the Principal Management Analyst, an
agreement with the County of Orange for Animal Control Services for Fiscal Year 2000-
2001. The Report advised that services under the Agreement included animal
impounds, rescues and sheltering, licensing, emergency response, field investigations
and quarantine actions. No new or additional services had been proposed.
Douglas D. Dumhart, Principal Management Analyst, made an oral presentation,
advising that this year's estimated cost for animal control services had decreased by
approximately 4% from last year to $79,019, which could be attributed to the City's
utilization rate of program services. Mr. Dumhart also advised that the Capistrano
Animal Rescue Effort (CARE) had requested written representation from the County to
support the relinquishment of San Juan animals for second chance adoptions. Staff
concurred and recommended the motion include that request.
Public Input:
(1) Ruth Duncan, 27509 Paseo Toluca, spoke in support of receiving a commitment
from the County that they would continue working with the City and CARE to
bring the City's animals back to a facility in San Juan Capistrano after the legally
required 5 -day holding period. She expressed appreciation to City residents for
their support of CARE's efforts and to City staff for their positive efforts.
(2) Lon Uso, 31302 Via Las Palmas, supported staff recommendation to contract
with the County of Orange provided the requested written commitment was
received. He further stated that CARE would be ready to move forward upon
receiving indications to do so from the City.
Approval of Agreement:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to approve the Agreement with the County of Orange for Animal
Control Services for Fiscal Year 200012001, with the proviso that a Letter of
Understanding for the second chance adoption be secured from the County.
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ENGINEERING AND BUILDING DIRECTOR
1. CONSIDERATION OF DRAFT CITY COUNCIL POLICY ENTITLED,
"STANDARDS FOR GRADING PROJECTS TO MINIMIZE IMPACTS" (610.30)
Written Communications:
Report dated September 19, 2000, from the Director of Engineering and Building,
forwarding a proposed City Council policy that would address issues dealing with
adverse impacts on adjacent properties, delays in completing grading projects, stockpile
locations, visual impacts from long-term projects and overall conduct of the grading
operation. The policy would also provide for needed controls on smaller grading and in-
fill projects
Mr. Huber, the Engineering and Building Director made an oral presentation, describing
the proposed Policy and noting that it would help staff identify and address important
issues. Mr. Huber requested that a change in the Council Policy, be made on page
three, item number six, by deleting the words "greater than five working days". He
referred to receipt of a letter from the Building Industry Association which requested that
this item be continued to allow them time for a more thorough evaluation. Mr. Huber
advised that the item had not been forwarded to the BIA because staff felt it was not
substantive in nature; it basically put into policy the terms and conditions for new
developments; and, reiterated current Municipal Code requirements regarding bonds.
He pointed out that the only new issue in the policy was the requirement for a grading
impact assessment.
Council Discussion:
Mayor Campbell stated that she had contacted the Building Industry Association,
contending that this was a policy statement, not an ordinance that the BIA would be
involved with. Mr. Huber reiterated that the policy set forth how the City would deal with
existing residential areas adjacent to new development; that it was more for the benefit
of Staff as a set of guidelines to follow. The City Manager advised that this policy could
have been adopted administratively; it had been brought to the City Council to
emphasize its importance. It had not been developed as an ordinance because all
necessary authority resided in ordinances already in place.
Public Input:
(1) Vivienne daCosta, 33801 Valle Road, expressed her support of the Policy,
noting how the SunCal project had severely, negatively impacted her residence
and neighborhood.
(2) Mark Nielson, 31621 Via Quixote, expressed his support of the Policy and asked
if the bonding requirements could be extended to include geological instability
that could be caused in adjacent areas, so that if grading caused instability in the
adjacent residential areas there would be bonding to protect the adjacent
homeowners. Mr. Huber stated that the bonding would cover all grading, on -
and off-site. Mr. Huber also indicated that current ordinances include language
regarding adjacent failures and the bonds would cover such problems.
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Approval of Policy:
It was moved by Council Member Hart, seconded by Council Member Greiner that the
following Resolution be adopted approving the Policy as amended on page three:
RESOLUTION NO. 00-9-19-5, APPROVING CITY COUNCIL POLICY
NO. 422 - STANDARDS FOR GRADING PROJECTS —A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CITY COUNCIL POLICY NO. 422 -
"STANDARDS FOR GRADING PROJECTS TO MINIMIZE IMPACTS"
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
ADMINISTRATIVE SERVICES DIRECTOR
CONSIDERATION OF FIVE-YEAR LEASE AGREEMENT FOR CITY -OWNED
STABLE PROPERTY LOCATED AT 28432 CALLE ARROYO AT AVE. SI EGA
(MISSION TRAILS STABLE) (600.20)
Written Communications:
Report dated September 19, 2000, from the Administrative Services Director,
recommending approval of a five-year lease agreement with Mission Trails Stables for
the City -owned stable property located at 28432 Calle Arroyo at Ave. Siega. The
Report advised that the terms of the lease were consistent with the prior five-year lease;
minor changes had been added to reflect the City's business practices on such items as
default remedies, late notices and attorney's fees. The Report also advised that staff
research had determined that the lease terms were competitive with other rental stables
on leased public land.
Ms. Cynthia Russell, Director of Administrative Services made an oral presentation.
Approval of Lease A reement:
It was moved by Council Member Hart, seconded by Council Member Greiner and
unanimously carried to approve the Lease Agreement for the Mission Trails Stables
Equestrian Facility for the City -owned property located at 28432 Calle Arroyo for the
five-year period ending September 19, 2005, in the amount of $2,500 per month.
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1. CONSIDERATION OF PROPOSED TENNIS COMPLEX OPERATIONAL AND
ECONOMIC PLAN (ST. MARGARET'S EPISCOPAL SCHOOL) (600.301960.50)
Written Communications:
Report dated September 19, 2000, from the Community Services Director, forwarding
general information on the proposed tennis complex, including hours of operation, a
draft operating budget, proposed user fees and charges for the complex, a revised
option for non -lighting of courts; and, a proposed term sheet associated with the joint
partnership project. The Report advised that the proposed ten -court tennis complex
called for six courts to be managed by the School and four courts to be managed by the
City. The proposal provided for each party to use the other party's courts through a
reciprocal court use process and the designation between the School and the City would
be based on a specific formula. The 40160 formula was calculated so that 40% of the
facility's expenses would be the responsibility of the City, and 60% of the expenses
would be borne by St. Margaret's Episcopal School.
Conceptual plans and drawings regarding the Tennis Complex were displayed in the
Council Chamber. The Community Services Director made an oral presentation,
providing a history of the project and describing the proposal.
Public Input:
(1) Kathy Hooper, 31851 Paseo La Branza, spoke as both a resident and Member
of the Parks, Recreation and Equestrian Commission. She expressed concern
that the recommendations brought before the City Council were not the
recommendations of the Commission and asked that Council consider the
Commission's recommendation for an appraisal of the land. She advised that
the Commission had concurred that there was a need for the facility; had felt the
operating plan was fair and the location was an asset for the citizens; however,
the item should not go forward without the appraisal.
(2) Mark Nielsen, 31621 Via Quixote, discussed the impact of the project on the
character of San Juan Creek Road and La Novia, including a significant change
to the open space feel and obstruction of the view corridor. Mr. Nielsen referred
to Attachment 5 in the Staff Report, the Preliminary Development Plan, and
stated that construction of only the four courts on the left would preserve the
land's character and view corridor. He discussed the trade-offs involved in the
project and asked that staff consider the economic agreement required if,
through the land use process, it was determined that a lesser number of courts
would be appropriate. He urged more focus on the economics of the non -lighted
plan. He suggested that as part of the economic deal a requirement could be
added to require the refurbishment of the two courts on the other side of the City,
which would result in the availability of four tennis courts to residents on a full-
time basis. He summarized that while he supported adding tennis courts in the
City, he was troubled by the massiveness and density of this proposal, its
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negative impact on the view corridors, existing character of this rural setting, the
open space feel, and the lost opportunity to include the City's existing courts to
benefit the maximum number of residents.
(3) JoWon Mothershead, 27982 Camino del Rio, stated her opinion that there was a
need for tennis courts in the City and pointed out that currently some residents
seek out tennis facilities in surrounding cities. Ms. Mothershead submitted a
petition containing 25 signatures supporting this project. She compared the
affordability of playing tennis as opposed to other sports such as golf, and
expressed the hope that if these tennis courts were denied, land and funding
would be available to construct a facility in another part of the City. She stated
that it was her understanding that this area was originally zoned for tennis courts
and felt the proposal was a win-win situation.
(4) William Sexton, 27692 Paseo Violeta, expressed his concern regarding a
newspaper article which stated the City would be giving $100,000 to St.
Margaret's Episcopal School to develop the tennis courts. He made reference to
the Open Space Bond issue which had been voted on 10 years ago and stated
that no reference had been made to submitting bond moneys to a private
organization. The City Manager clarified that the Open Space Bond land and
bond monies had no relationship to this project; that that the property was City -
owned and the tennis courts would be City -owned and would remain that way.
In exchange for the assistance in development of the courts, the School would
be allowed to use a portion of the courts for 25 years.
(5) Ingrid Dumke, 28301 Paseo Establo, expressed support for the proposed facility
and stated that the two existing courts, which had been resurfaced and re -
netted, were not lighted and had limited access appeal. She stated her
disappointment at the loss of tennis courts in the City several years ago and the
resulting need to go outside the City to play. Ms. Dunke stated that this land
would eventually be developed; it was recreational land and there was no better
use that this project.
(6) Cynthia Arthur, 88 Plaza de las Flores, spoke in favor of the proposed tennis
complex. She felt that a tennis court would be a welcome addition which could
be enjoyed by the residents, many of whom currently have to travel to other
cities in order to gain access to tennis courts. Ms. Arthur concurred with Ms.
Dumke's comments regarding construction on this land and stated her
preference for the tennis courts.
(7) Mark Campaigne, 28526 Paseo Diana, Headmaster of St. Margaret's Episcopal
School, stated his appreciation to the Staff and Commission who had worked
with the School regarding this proposal. He stated that the School philosophy
stresses the importance of working with the community, rather than working
alone. He discussed the availability of the tennis courts and the School's
objective to develop summer programs that would meet the needs of the City,
including students and senior citizens.
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Council Discussion:
Council Member Bathgate expressed her support of the proposal and commented on
the demonstrated demand by the community for this type of facility. She discussed the
issue of appraising the property and stated that since this property was not zoned for
any other use except institutional, the appraised value might not be beyond what the
improvements would be. She suggested the land use process could consider design
changes that could result in fewer courts so that more open space would remain in the
specific area. She stated support for lighting as long as there was a demand for it,
noting that wiring could be put in place but not activated until there was a demand. She
requested that the public use of all the courts on weekends be incorporated into the
negotiations and that there be flexibility built into the Agreement to allow assessment of
the City's needs for the courts.
Council Member Greiner also supported the proposal. He concurred with Council
Member Bathgate's comments regarding flexibility in the Agreement for City
participation and expressed the desire to review the fiscal feasibility of fewer courts. He
also suggested the proposal include the wording "student use" to assure the correct
perception of use of the courts. He stated that since the City will retain ownership of the
land and any improvements would improve the value, he felt it was not necessary to
have an appraisal on the property.
Council Member Swerdlin concurred and stated support for the proposal. He expressed
concerns that consideration be given to the number of tennis courts and their impact on
views. He felt the tennis courts should be pre -wired for lighting and if the demand was
there, and impacts on the adjacent neighborhoods could be mitigated, then the courts
could be lit. He further expressed concern that the adjacent neighborhoods be included
in some type of lighting demonstration. He suggested that during negotiations,
consideration be given to maintenance and management issues, which could be
evaluated on a regular basis to assure it was equitable for both the School and the City.
Council Member Hart stated his support for the proposal and felt the partnership would
be positive. He commented on the School's investment in the project and the
maintenance costs. He stated support for lighting of the four City tennis courts, with
pre -wiring of the remaining six courts for evaluation at a later date.
Mayor Campbell expressed appreciation for the willingness of the School to participate
in this partnership, noting that development of the courts would not happen without that
partnership. Mayor Campbell asked the Community Services Director if the proposal
was fair to all parties. Mr. King felt it was a winning situation for all parties involved and
during the land use phase further refinement would occur as all concerns were
addressed in detail. The City Manager noted that the arrangement would provide that
the City would have access to all the courts when not in use by the School for $2 per
day. He emphasized that this was a joint use agreement which was similar to the
arrangement the City had with the Capistrano Unified School District for use of facilities
at the Marco Forster School.
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Discussion ensued regarding the need for lighting and a reduction in the number of
courts. The City Attorney advised that it would be helpful for staff to know whether or
not Council conceptually supported lighting. He also stated that the agreement would
be worded such that 10 courts would not be locked in. The conceptual plan proposed
10, but that could change through the land use approvals. Council Member Bathgate
indicated she was not opposed to lights as long as there was a demand for them:
Council Member Swerdlin noted he would like the courts to be lit as long as it was not
so impactive on adjacent neighborhoods that any advantage was lost. Council Member
Greiner concurred that lighting should be investigated from the standpoint of feasibility
and concern for the impacts on adjacent neighborhoods.
Direction to Negotiate the Proposed Terms of a Joint Use Partnership:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried to direct Staff to conduct negotiations with St. Margaret's Episcopal
School representatives for the development of an Agreement based on the proposed
terms of a Joint Partnership as presented in the September 19, 2000 staff report. Staff
was directed to return with a draft Agreement to address financial, maintenance and
management issues for the proposed project, including entitlements, and return for
consideration at a future Council meeting. The concept of court lighting is to be
included in the land use process.
ORDINANCES - None
COUNCILMANIC ITEMS
RECOMMENDATIONS FROM CITY COUNCIL SUBCOMMITTEE ON
COMMUNITY ORGANIZATION FUNDING REQUESTS FOR FISCAL YEAR
2000-2001 (330.20)
written Communications:
Report dated September 19, 2000, from the City Council Subcommittee for Community
Grant Program, forwarding recommendations for allocation of the $47,000 in
Community Promotion funds identified in the approved 2000-01 City budget.
Council Member Bathgate made an oral presentation stating that she and Council
Member Greiner had evaluated all the grant requests and had relied on guidelines in the
existing Council Policy. Their recommendation emphasized Human Services that
directly benefited the citizens of the City, together with moneys for educational and
cultural endeavors, and youth sports.
Public Input:
(1) Linda Hunter, Representing the CSP Youth Shelter, Laguna Beach, thanked the
Council for its support and provided background information regarding the
Shelter.
(2) Pat Bathgate, 29931 Camino Capistrano, thanked the Council for its support of
the San Juan Community Task Force and described their services.
City Council Minutes -14- 9119/00
191
Community Grant Program Funding Assistance:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried to concur with the allocation strategy proposed by the City Council
Subcommittee and to authorized funding assistance in the amount of $44,600 to the
following Community Organizations during the fiscal year 2000-2001:
Organization
Assistance League of Capistrano Valley
Camino Health Center
Capistrano Indian Council
Council on Aging
CSP Youth Shelter
Fran Joswick Therapeutic Riding Center
Once Upon A Story
San Juan Community Task Force
South County Senior Services Community
Clinic - Meals on Wheels Program
South Orange County Community
Services Council
Mark Langdon, Soccer Finals Request
Mission Pageant Foundation
(Capistrano Pageant)
Recommended Funding
$
1,000
$13,000
$
1,500
$
1,500
$
1,000
$
1,400
$
3,700
$
7,000
$11,000
$ 800
$ 200
$ 2,500
The unallocated funds will remain in the Community Promotion Account in the event
other City programs, projects, or community requests are submitted for consideration
during Fiscal Year 2000-01.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Vector Control District 560.50
Council Member Swerdlin advised that the Vector of the month was mites.
COUNCIL COMMENTS
LERP PSYLLID 410.90
Mayor Campbell stated that 300 trees had been saved.
City Council Minutes -15- 9119100
192
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:05 p.m. to
the next regular meeting date of Tuesday, October 3, 2000, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
42A0AAZAJ-- - --�
§y -DAWN SCHANDERL, DEPUTY CITY CLERK
ATTEST:
LLENE<AMFM�ELL, MAYOR
City Council Minutes -16-
9119100