00-1205_CC_Minutes_Regular Meeting241
December 6, 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 7:00 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Monsignor Paul Martin, Mission San
Juan Capistrano.
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; Cheryl Johnson, City Clerk; Cynthia L. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director; Bill
Ramsey, Principal Planner; 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 -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY - None
PRESENTATION (610.40)
Mayor Campbell presented a Resolution of Appreciation to George Scarborough, City Manager.
JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND
CAPIST
RANO VALLEY WATER DISTRICT REORGANIZATION (630.20)
ADOPTION OF RESOLUTION DECLARING RESULTS OF NOVEMBER 7,
2000 ELECTION AND CITY COUNCIL REORGANIZATION
Written Communications:
(1) Report dated December 5, 2000, from the City Clerk, advising that at the
November 7, 2000 election, Incumbent Council Member John Greiner and
John S. Gelff had been elected to four-year terms of office, and Appointed
Incumbent Council Member Diane Bathgate had been elected to fill the 2 -year
City Council Minutes -1- 12/05100
242
vacancy on the Council. The Report advised that the official canvass had been
conducted by the County Registrar; however, the final results had not been
certified and received by the City in time for the agenda packet. The Report
noted that the certified results would be forwarded to the City Council prior to the
meeting.
(2) Revised Resolution containing the certified results of the election.
Declaration of Results:
It was moved by Council Member Swerdlin, seconded by Council Member Hart, that the
following Resolution be adopted:
"RESOLUTION NO. 00-12-5-1
DECLARING RESULTS OF ELECTION - NOVEMBER 7, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL AND
GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 7,
2000, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a Special and General Municipal Election was held and
conducted in the City of San Juan Capistrano, California, on Tuesday, November 7,
2000, as required by law; and,
WHEREAS, notice of the election was given in time, form and manner as
provided by law; that voting precincts were properly established; that election officers
were appointed and that in all respects the election was held and conducted and the
votes were cast, received and canvassed and the returns made and declared in time,
form and manner as required by the provisions of the Elections Code of the State of
California for the holding of elections in general law cities; and,
WHEREAS, pursuant to Resolution No. 00-2-1-4, adopted on February 1,
2000, and Resolution No. 00-6-6-3, adopted on June 6, 2000, the Orange County
Registrar of Voters canvassed the returns of the election and has certified the results to
this City Council, the results are received, attached and made a part hereof as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1.
That the whole number of ballots cast in the precincts except absent voter
ballots and provisional ballots was 9,452.
City Council Minutes
-2- 12/05/00
243
That the whole number of absent voter ballots cast in the City was 3,685,
making a total of 13,137 ballots cast in the City.
SECTION 2.
That the names of persons voted for at the election for Member of the City
Council for the four-year term are as follows:
Mike Eggers
John S. Gelff
John Greiner
Edgar C. "Ed" Johnson, Jr.
Derek Reeve
That the names of persons voted for at the election for Member of the City
Council for the two-year (short) term are as follows:
Diane Bathgate
SECTION 3.
That the number of votes given at each precinct and the number of votes
given in the City to each of the persons above named for the respective offices for which
the persons were candidates were as listed in Exhibit "A" attached.
SECTION 4.
The City Council does declare and determine that John Greiner was
elected as Member of the City Council for the full term of four years; that John S. Gelff
was elected as Member of the City Council for the full term of four years; and, that
Diane Bathgate was elected as Member of the City Council for the short term of two
years.
SECTION 5.
The City Clerk shall enter on the records of the City Council of the City, a
statement of the result of the election showing: (1) The whole number of ballots cast in
the City; (2) The names of the persons voted for; (3) For what office each person was
voted for; (4) The number of votes given at each precinct to each person; and, (5) The
number of votes given at each precinct to each person.
SECTION 6.
That the City Clerk shall immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated;
that the City Clerk shall also administer to each person elected the Oath of Office
prescribed in the Constitution of the State of California and shall have them subscribe to
City Council Minutes -3- 12/05/00
244
it and file it in the office of the City Clerk. Each and all of the persons so elected shall
then be inducted into the respective office to which they have been elected.
SECTION 7.
That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 51" day of December, 2000.
Is/ Collene Campbell
COLLENE CAMPBELL, MAYOR
ATTEST:
Isl Cheryl Johnson
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 00-12-5-1, adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 5th day of December,
2000, by the following vote:
AYES: Council Members Bathgate, Greiner, Hark, Swerdlin
and Mayor Campbell
NOES: None
ABSENT: None
(SEAL)
Isl Cheryl Johnson
CHERYL JOHNSON, CITY CLERK
City Council Minutes
-4-
92105/00
EXHIBIT A
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
)SS'
COUNTY OF ORANGE )
1, Rosalyn Lever, Registrar of Voters of Orange County, do hereby certify the
following to be a full, true and correct Statament of the Vote of the election listed
below, consolidated with the General Election held on November 7, 2000.
CITY OF SAN JUAN CAPISTRANO
MEMBER OF THE CITY COUNCIL, FULL TERM
JOHN GREINER 8,204
JOHN S. GELFF 4,012
MICHAEL EGGERS 3,109
DEREK REEVE 2,717
EDGAR C. JOHNSON, JR. 1,931
MEMBER OF THE CITY COUNCIL. SHORT TERM
DIANE L. BATHGATE 8,418
PRECINCT BALLOTS CAST: 9,452
ABSENTEE BALLOTS CAST: 3,885
TOTAL BALLOTS CAST: 13,137
I hereby certify that the number of votes cast is as set forth above and
appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 28th day of November, 2000.
CC Minutes
ROSALYN LEVER
REGISTRAR OF VOTERS
Orange County
-5- 12/5/2000
245
246
11/28100 2:14 PM ORANGE COUNTY Statement of `Dotes
November 7, 2000 GENERAL ELECTION
64
CITY OF SAN JUAN CAPISTRANO
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49112 SAN JUAN CAP
587
2901 49.4.i
125
72
75
38 69
171
49112 - Absentees
587
192 32.7
108
66
23
22 57
135
49113 SAN JUAN CAP
526
321 60.8
248
74
22
159 25
207
49113 - Absentees
528
143 27.1
119
19
13
77 18
98
49116 SAN JUAN CAP
762
428 56.2
171
119
56
53 127
245
49116 - Absentees
762
185 24.3
89
48
40
23 49
111
49117 SAN JUAN CAP
789
437 55.4
203
146
70
74 100
293
49117 - Absentees
789
138 17.5
65
54
16
22 41
98
49118 SAN JUAN CAP
1078
595 55.2
340
171
93
116 148
425
49118 - Absentees
1078
246 22.8
116
73
53
48 58
168
49119 SAN JUAN CAP
580
319 55.0
130
101
44
51 83
194
49119 - Absentees
580
194 33.4
99
45
25
33 61
122
49120 SAN JUAN CAP
612
378 61.8
170
106
62
59 108
238
49120 - Absentees
612
70 11.4
42
23
16
8 17
50
49121 SAN JUAN CAP
467
296 63.4
118
74
33
58 72
204
49121 - Absentees
467
45 9.6
19
11
5
11 12
28
49122 SAN JUAN CAP
586
311 52.9
117
107
51
33 84
189 _
49122 - Absentees
588
143 24.3
77
38
23
25 48
104
49123 SAN JUAN CAP
471
290 61.6
84
113
39
59 65
179
49123 - Absentees
471
66 14.0
29
31
9
16 20
44
49125 SAN JUAN CAP
1069
600 56.1
338
170
82
162 90
374
49125 - Absentees
1069
297 27.8
181
86
43
59 81
195
49126 SAN JUAN CAP
740
401 54.2
157
114
75
74 82
253
49126 -Absentees
740
181 24.5
84
54
31
37 45
115
49128 SAN JUAN CAP
568
291 51.2
137
92
36
55 76
176
49128 - Absentees
568
179 31.5
94
51
23
36 51
112
49335 SAN JUAN CAP
819
443 54.1
187
129
70
73 105
282
49335 - Absentees
819
161 19.7
89
38
31
25 45
101
49336 SAN JUAN CAP
828
393 47.5
208
116
85
103 87
254
49336 - Absentees
828
266 32.1
146
77
44
56 74
184
49339 SAN JUAN CAP
376
190 50.5
29
132
11
132 18
108
49339 - Absentees
376
107 28.5
18
72
10
67 12
66
49341 SAN JUAN CAP
723
446 613
190
149
61
91 81
272
49341 - Absentees
723
81 11.2
32
22
12
17 22
58
49343 SAN JUAN CAP
699
379 54.2
134
151
51
70 79
242
49343 - Absentees
699
104 14.9
54
46
13
24 20
79
49344 SAN JUAN CAP
772
411 53.2
185
111
53
66 106
223
49344 - Absentees
772
209 27.1
117
56
20
29 52
125
49346 SAN JUAN CAP
785
392 49.9
133
110
89
53 115
273
49346 - Absentees
785
95 12.1
51
33
17
6 35
65
49348 SAN JUAN CAP
1066
590 55.3
388
128
82
202 102
374
4934P Absentees
1066
277 26.0
155
80
38
73 51
182
49349 SAN JUAN CAP
772
414 53.6
164
125
47
58 95
254
49349 - Absentees
772
141 18.3
62
34
11
26 31
95
49601 SAN JUAN CAP
1060
637 60.1
250
215
79
87 170
398
49601 - Absentees
1060
165 15.6
77
58
27
23 58
120
49901 SAN JUAN CAP
252
200 794
75
72
22
28 64
135
49901 - Absentees
252
0 0.0
0
0
0
0 0
0
Precinct Totals
16991
9452 55.6
4281
2897
1388
1954 2151
5963
Absentee Totals
16991
3685 21.7
1923
1115
543
783 958
2455
Grand Totals
16991
13137 77.3
6204
4012
1931
2717 3109
8418
CC Minutes -6- 12/5/2000
247
RECOGNITION OF OUTGOING COUNCIL MEMBER
Council Members expressed their appreciation to Mayor Campbell for her years of
service to the City. Peggy Nunes, Volunteer Coordinator, representing the Associated
Senior Action Program, presented Mayor Campbell with a quilt containing pictures
highlighting Mayor Campbell's term and the names of the ASAP members. Mayor pro
tem Hart presented Mayor Campbell with her gavel plaque and portrait. Mayor
Campbell then left the dais.
OATH OF ALLEGIANCE AND PRESENTATION OF CERTIFICATES OF
FLFCTION
The City Clerk presided at the meeting and administered the Oath of Office to Council
Members -elect Bathgate, Gelff and Greiner. Following the Oath of Office, the City Clerk
presented the Certificates of Election, and the new City Council was seated.
ROLL CALL OF NEWLY -CONSTITUTED CITY COUNCIL, COMMUNITY
REDEVELOPMENT AGENCY AND WATER DISTRICT BOARD OF
DIRECTORS
PRESENT: Diane Bathgate, Council Member
John S. Gelff, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
David M. Swerdlin, Council Member
ABSENT: None
REMARKS BY COUNCIL MEMBERS ELECT
Council Members expressed their appreciation to the citizens for the opportunity to
serve the City. Council Members Bathgate and Greiner welcomed newly -elected
Council Member Gelff.
SELECTION OF MAYOR AND MAYOR PRO TEM
Selection of Mayor (Hart):
The City Clerk opened nominations for the Office of Mayor. Council Member Swerdlin
nominated Council Member Hart; Council Member Greiner seconded the nominations.
There being no further nominations, it was moved by Council Member Swerdlin,
seconded by Council Member Greiner and unanimously carried to select Wyatt Hart as
Mayor for the term ending December 4, 2001. Mayor Hart assumed the chair and
presided during the election of Mayor Pro Tempore.
Selection of Mayor Pro Tempore (Swerdlin):
Mayor Hart opened nominations for the Office of Mayor Pro Tem. Council Member
Greiner nominated Council Member Swerdlin; Council Member Bathgate seconded the
City Council Minutes 7- 12/05/00
248
nomination. There being no further nominations, it was moved by Council Member
Greiner, seconded -by Council Member Bathgate and unanimously carried to select
David M. Swerdlin as Mayor Pro Tem for a one-year term ending December 4, 2001.
2. RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF CITY FUNDS
32c 0.10)
Written Communication:
Report dated December 5, 2000, from the City Clerk, forwarding the Resolution
authorizing the signatures of the newly elected Mayor or Mayor Pro Tem and the City
Treasurer or Deputy City Treasurer or the City Clerk.
Authorization of Signatures:
It was moved by Council Member Bathgate, seconded by Council Member Greiner, that
the following Resolution be adopted:
RESOLUTION NO. 00-12-5-2, DEPOSIT AND INVESTMENT OF CITY
FUNDS AND AUTHORIZING SIGNATURES-- 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. 99-12-7-1
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff
and Mayor Hart
NOES: None
ABSENT: None
3. SELECTION OF CHAIRMAN AND VICE CHAIRMAN - COMMUNITY
REDEVELOPMENT AGENCY (400.101
Written Communications:
Report dated December 5, 2000, from the Agency Secretary.
Selection of Chairman (Greiner):
The Agency Secretary opened nominations for the Office of Chairman. Director
Swerdlin nominated Director Greiner; Director Bathgate seconded the nomination.
There being no further nominations, it was moved by Director Swerdlin, seconded by
Director Bathgate and unanimously carried that John Greiner be selected as Chairman
for a one-year term ending December 4, 2001.
City Council Minutes
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249
Selection of Vice Chairman (Bathgate):
Chairman Greiner opened nominations for the Office of Vice Chairman. Director Hart
nominated Director Bathgate; Director Swerdlin seconded the nomination, There being
no further nominations, it was moved by Director Hart, seconded by Director Swerdlin
and unanimously carried that Diane Bathgate be selected as Vice Chairman for a one-
year term ending December 4, 2001.
4. RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF AGENCY
FUNDS (320.10
Written Communication:
Report dated December 5, 2000, from the Agency Secretary, forwarding the Resolution
authorizing the signatures of the newly elected Chairman or Vice Chairman and the
Executive Director, Agency Secretary, and Agency Finance Director.
Authorization of Signatures:
It was moved by Director Hart, seconded by Director Bathgate, that the following
Resolution be adopted:
RESOLUTION NO. CRA 00-12-5-1, DEPOSIT AND INVESTMENT OF
AGENCY FUNDS AND AUTHORIZING SIGNATURES - A
RESOLUTION OF THE SAN JUAN CAPISTRANO REDEVELOPMENT
AGENCY, DELEGATING TO THE AGENCY FINANCE OFFICER
AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST OR
REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES AND
REPEALING RESOLUTION NO. GRA 99-12-7-1
The motion carried by the following vote:
AYES: Directors Bathgate, Hart, Swerdlin, Gelff and
Chairman Greiner
NOES: None
ABSENT: None
5. SELECTION OF CAPISTRANO VALLEY WATER DISTRICT CHAIRMAN AND
VICE CHAIRMAN (1040.10)
Written Communications:
Report dated December 5, 2000, from the Clerk of the Board.
City Council Minutes -9- 12/05/00
250
Selection of Chairman (Swerdlin):
The Clerk of the Board opened nominations for the Office of Chairman. Director Greiner
nominated Director Swerdlin; Director Hart seconded the nomination. There being no
further nominations, it was moved by Director Greiner, seconded by Director Hart and
unanimously carried that David M. Swerdlin be selected as Chairman for a one-year
term ending December 4, 2001.
Selection of Vice Chairman (Bathgate).:
Chairman Swerdlin opened nominations for the Office of Vice Chairman. Director
Greiner nominated Director Bathgate; Director Hart seconded the nomination. There
being no further nominations, it was moved by Director Greiner, seconded by Director
Hart and unanimously carried that Diane Bathgate be selected as Vice Chairman for a
one-year term ending December 4, 2001.
RECESS AND RECONVENE
Council recessed at 7:32 p.m. and reconvened at 7:38 p.m.
INTRODUCTION, PRESENTATIONS AND DONATIONS
RECOGNITION OF LONG-TERM EMPLOYEES 730.90
Written Communications:
Report dated December 5, 2000, from the Personnel Manager, advising that Julia
Tuttle, Senior Accounting Technician, had reached 15 years of service, and Eric
Bauman, Senior Engineer, had reached 10 years of service.
Both Mrs. Tuttle and Mr. Bauman were present to receive the awards acknowledging
their years of service to the City.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following persons in attendance: Don Tryon and
Lee Buser, Cultural Heritage Commission; Jessica Dean, Joann de Guevara, Marie
Buckner and Ethel Tregarthen, Housing Advisory Committee; Kathy Holmes -Hooper
and Ilse Byrnes, Parks, Recreation and Equestrian Commission; Les Blair, Sr. Liaison;
former Mayors Ken Friess and Dr. R. Byrnes; Scout Troop 724.
ORAL COMMUNICATIONS
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENT
PRESENTATION 610.40
Bill Paddock, Senior Patrol Leader for Boy Scout Troop 724 presented Mayor pro -tem
Swerdlin with a plaque and certificate and expressed the Troop's appreciation for his
attendance during the last five years at all Eagle Scout ceremonies.
City Council !Minutes
-10- 12/05/00
251
CONSENT CALENDAR
It was moved by Council Member Greiner, 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, Swerdlin, Gelff and
Mayor Hart
NOES: None
ABSENT: None
0. MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF NOVEMBER 7, 2000
The Minutes of the Regular Meeting of November 7, 2000, were approved as submitted.
Council Member Gelff abstained.
3. RECEIVE AND FILE WARRANTS OF NOVEMBER 16, 2000 (300.30)
The List of Demands dated November 16, 2000, in the total amount of $752,137.27,
was ordered received and filed. Council Member Bathgate abstained.
4. RECEIVE AND FILE INVESTMENTS — MONTH ENDING OCTOBER 31 2000
35( 0.30)
The City Treasurer's Report of Investments for the month ending October 31, 2000,
was ordered received and filed.
5. APPROVAL OF TIME LIMIT PARKING ON CAMINO CAPISTRANO SOUTH OF
LA ZANJA STREET IN FRONT OF SERRA HIGH SCHOOL (570.30)
As set forth in the Report dated December 5, 2000, from the Engineering and Building
Director, the following Resolutions were adopted removing the existing "No Stopping
Anytime" zones on the east side of Camino Capistrano between 889 feet south of La
Zanja Street to 215 feet north of Calle Chueca, and re-establishing the "No Stopping
Anytime" zones on the east side of Camino Capistrano in a manner that will provide
additional and more convenient parking spaces for students at the Serra High School
Continuing Education Program:
City Council Minutes -11- 12105100
252
RESOLUTION NO. 00-12-5-3, REMOVING "NO STOPPING ANYTIME"
ZONE - CAMINO CAPISTRANO - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REMOVING THE EXISTING "NO STOPPING ANYTIME" ZONE ON
THE EAST SIDE OF CAMINO CAPISTRANO
RESOLUTION NO. 00-12-5-4, ESTABLISHING "NO STOPPING
ANYTIME" ZONES ON CAMINO CAPISTRANO - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO STOPPING ANYTIME" ZONES ON
THE EAST SIDE OF CAMINO CAPISTRANO
6. APPROVAL OF LICENSE AGREEMENT EXTENSION — TEMPORARY
_PUMPING STATION AND PIPELINES, AVENIDA DE LA VISTA (SHIBATA)
600.30
As set forth in the Report dated December 5, 2000, from the Engineering and Building
Director, approval was given to extend the License Agreement with Mr. Hideo Shibata
to December 31, 2002, to allow the City to continue to access, maintain and operate a
temporary pumping station and associated pipework on Mr. Shibata's property which
bypasses a storm -damaged Trabuco Creek sewer crossing. The Mayor was authorized
to execute the Agreement on the City's behalf.
7. APPROVAL OF PLANS AND SPECIFICATIONS — LA RONDA CHANNEL
REPAIRS (600.30)
As set forth in the Report dated December 5, 2000, from the Director of Public Works,
the Plans and Specifications and call for bids was approved for the repair of the erosion -
damaged La Ronda Storm Drain Channel as prepared by P&D Consultants.
8. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF
WATER FACILITIES —MARBELLA COMMERCE CENTER 30900 RANCHO
VIEJO ROAD (MARBELLA COMMERCE CENTER, INC.) (600.30)
As set forth in the Report dated December 5, 2000, from the Director of Public Works,
the Development Agreement with Marbella Commerce Center, Inc., for Construction of
Water Facilities at the Marbella Commerce Center, was approved. The Mayor and City
Clerk were authorized to execute the Agreement.
9. APPROVAL OF AMENDING AGREEMENTS FOR AFTER SCHOOL
RECREATION PROGRAMS CAMP FIRE BOYS AND GIRLS, ORANGE
COUNTY COUNCIL AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY,
INC. (6) 00.30)
As set forth in the Report dated December 5, 2000, from the Director of Community
Services, amendments to the following Agreements for after school recreation programs
were approved to discontinue the Rising Stars program at Del Obispo & Kinoshita
City Council Minutes
-12- 12/05/00
253
_ Elementary School sites effective 11/20/2000 and to redirect those funds in the amount
of $5,964 to the Boys & Girls Club, Via Positiva Site and $5,964 to the Rising Stars
program at Ambuehl Elementary School
10. APPROVAL OF NOTICE OF COMPLETION, RESOLUTION ACCEPTING
WATER FACILITIES AND AUTHORIZATION TO RELEASE
CORRESPONDING WATER BONDS TRACT 15301 PARKSIDE PLACE
NAVA THOMPSON, LLC) (600.30]
As set forth in the Report dated December 5, 2000, from the Director of Public Works,
the following Resolution was adopted accepting the public water improvements from
TAVA Thompson, LLC., for dedication to the District.
RESOLUTION NO. 00-12-5-5, COMPLETION OF PUBLIC WATER
FACILITIES AND RELEASE OF BONDS - TRACT 15301 (TAVA
THOMPSON, LLC) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING
PUBLIC WATER FACILITIES AND AUTHORIZING THE RELEASE OF
CORRESPONDING WATER BONDS — TRACT 15301 (TAVA
THOMPSON, LLC)
The Resolution directed the City Clerk to file a Notice of Completion with the County
Recorder and to release Bond Number 3SM 910 013 00, in the amount of $77,154,
provided by the American Motorist Insurance Company, 35 days after recordation of
Notice.
11, APPROVAL OF RESOLUTION ACCEPTING EASEMENT DEEDS FOR
PUBLIC STREET AND RIGHT-OF-WAY PURPOSES ON THE EAST SIDE OF
CAMINO CAPISTRANO (SWALLOWS INN) (670.50)
As set forth in the Report dated December 5, 2000, from the Director of Public Works,
the following Resolution was adopted accepting the Sidewalk and Right -of -Way
Easement Deed.
RESOLUTION NO. 00-12-54 ACCEPTING EASEMENT DEED - 31786
CAMINO CAPISTRANO (NORDECK) - A RESOLUTION OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN
EASEMENT DEED FOR SIDEWALK AND RIGHT-OF-WAY PURPOSES
LOCATED SEVEN FEET EAST OF CAMINO CAPISTRANO AND
FROM 168 FEET TO 240 FEET NORTH OF YORBA STREET -
ASSESSOR PARCEL NUMBER 124-016-021131786 CAMINO
CAPISTRANO (STEPHEN NORDECK)
The Resolution directed the City Clerk to forward the Easement Deed to the County
Recorder. An appropriation in the amount of $39,750 from the Systems Development
Fund was approved, in order to construct a brick and paver sidewalk and concrete curb
on Camino Capistrano from Yorba Street to 240' north.
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PUBLIC HEARINGS
APPROVAL OF AMENDMENT TO THE 1998 AND 1999 STATE OF
CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANTS (HOUSING
REHABILITATION AND CHILD CARE) (480.
Proposal:
Consideration of modifications to two State of California Housing and Community
Development Block Grants, necessary because the Capistrano School District
determine that it was unable to expand its existing "Mommy and Me" program to include
the City's State -funded low-income child care program.
Written Communications:
Report dated December 5, 2000, from the Planning Director, advising that the State had
awarded the City two grants totaling $1 million in State Housing and Community
Development Block Grant Funds to develop a child care program at the Capistrano
Adult School. Due to the District's inability to expand their existing program, an
alternate location and provider had been found at the Presbyterian Church at 32202 Del
Obispo Street. The modifications to the Grants would change the location of the
welfare -to -work child care program from the Capistrano Unified School District's
Capistrano Adult School site to the Presbyterian church and change the child care
provider to the Orange County Head Start, Inc. The modifications would further allow
for on-site improvements and modular unit improvements. and increase the maximum
age of the child from three to four years of age.
Debbie Dirnu, City Housing Consultant, made an oral presentation, detailing the issues
and recommendations in the staff report.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the public hearing,
and there being no response, closed the hearing with the right to re -open at any time.
Approval of Grant Modifications:
It was moved by Council Member Bathgate, seconded by Council Member Gelff, that
the following Resolution be adopted:
RESOLUTION NO. 00-12-5-7 APPROVING MODIFICATION - STATE
OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN .JUAN CAPISTRANO, CALIFORNIA, APPROVING A
MODIFICATION TO STATE COMMUNITY DEVELOPMENT BLOCK
GRANTS 98-STBG-1265 AND 99-STBG-1379
The motion carried by the following vote:
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AYES. Council Members Bathgate, Greiner, Swerdlin, Gelff and
Mayor Hart
Rol e=• =a -
ABSENT: None
The City Manager was authorized to execute the Agreement with Orange County Head
Start and any other necessary documents for the child care program located at 32202
Del Obispo Street.
2. CONSIDERATION OF AMENDMENT TO THE GENERAL PLAN HOUSING
ELEMENT - GENERAL PLAN AMENDMENT 00-02 (CITY OF SAN JUAN
CAPISTRANO) (440.25)
Proposal:
Consideration of an amendment to the General Plan Housing Element to incorporate the
Regional Housing Needs Assessment allocation of affordable housing units for
construction during the next five years.
Written Communication:
Report dated December 5, 2000, from the Planning Director, advising that in
accordance with State Planning Law, the City was required to update the adopted
Housing Element by December 31, 2000. The Report advised that the Housing
Element had not been part of the recent General Plan update because at that time the
Regional Housing Needs Assessment had not been prepared or adopted by the
Southern California Association of Governments. The Report further advised that the
Assessment had been adopted by SCAG in November, 2000, and the City's allocation
was now ready for incorporation in the Housing Element. The Report summarized the
City's efforts in providing affordable housing and detailed the City's response to
comments made by the California Department of Housing and Community
Development.
Lynnette Adolphson, Management Analyst 11, presented the staff report.
Council Discussion:
Council Member Swerdlin stated his feeling that the San Juan Meadows entitlement
may not be built and questioned how that would affect the General Plan. The City
Manager indicated that it was not likely that the San Juan Meadows project would
create an inconsistency in the General Plan; however, a more detailed response would
be provided to Council at a later date.
Public Hearin
Notice having been given as required by law, Mayor Hart opened the public hearing,
and the following persons responded:
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256
(1) Jessica Dean, 27032 Paseo Burladero, representing Mary Erickson Community
Housing, spoke of median incomes and the numerous individuals who fall into
the low-income and very low-income categories, and felt that this was evidence
of the need to provide assistance to families and to continue with support of
specific assistance programs. She discussed positive aspects of the updated
Housing Element; and, the need to build the additional units in Little Hollywood,
to adhere to SCAG figure, to provide more assistance for families, and to review
the Element annually.
(2) Mark Nielsen, 31621 Via Quixote, Co -Chairman of CAUSE, expressed concerns
that the Element did not address controls for non -overcrowding and adequate
upkeep of the properties; that there was a lack of constraints on placement of
mobile homes or factory -built housing on vacant lots in residential zones, and
consistency with the character of the neighborhood; that language should be
included to guard against entitlements and to strengthen the City's position
against potential developer lawsuits; that the Residential Allocation Schedule
Ordinance should be modified to allow no more than 200 building permits per
year; and, that it be clear that the City's goals is not to maximize the number of
housing units allowed on a parcel. He further suggested the potential of in -lieu
fees for purchase of open space. Mr. Nielsen urged the City to continue this
item and consider adoption after making the suggested amendments.
There being no further response, Mayor Hart closed the public hearing with the right to
re -open at any time.
Council Discussion:
The City Manager stated that it was necessary to adopt the Housing Element prior to
December 31, 2000. He indicated that amendments could be made to the Element after
review of Mr. Nielsen's comments and that the item could tentatively be returned for
consideration on February 6, 2001. Council Member Gelff initiated discussion regarding
adoption of the Element with the knowledge that amendments may be necessary. The
City Attorney advised that any formal action could be amended; however, it would not
be appropriate to condition the approval upon a future amendment. Council Member
Swerdlin stressed the need to stay within the confines of the rules of the State of
California for the Housing Element and to assure that the City does provide enough
affordable housing.
Approval of Updated Housing Element
It was moved by Council Member Swerdlin, seconded by Council Member Bathgate that
the following Resolution be adopted:
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RESOLUTION NO. 00-12-5-8, APPROVING GENERAL PLAN
AMENDMENT 00-02 - HOUSING ELEMENT—A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING THE ISSUANCE OF A MITIGATED
NEGATIVE DECLARATION (SCH# 2000031099) AND ADOPTING OF
GENERAL PLAN AMENDMENT 00-02, A REVISED HOUSING
ELEMENT TO THE GENERAL PLAN.
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin and Mayor Hart
NOES: Council Member Gelff
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:25 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 8:37 p.m.
ADMINISTRATIVE ITEMS
PLANNING DIRECTOR
1. APPROVAL OF AN APPEAL OF THE PLANNING COMMISSION'S ACTION
ON ARCHITECTURAL CONTROL 00-6 FOR PROPERTY LOCATED AT 30300
CAMINO CAPISTRANO (SERRA VISTA OFFICE BUILDING) (410.60)
Written Communications:
(1) Report dated December 5, 2000, from the Director of Planning, advising that
Citizens Against Uncontrolled San Juan Expansion had appealed the portion of
the Planning Commission's October 2e approval of Architectural Control 00-6
allowing construction of a 634 -square -foot accessory garage structure at 30300
Camino Capistrano. The Report further advised that the proposed office building
and accessory structure would be located within the Commercial Office zone
district and would be situated along two of the City's designated view corridors.
The report provided an analysis of the appeal and recommended that the
proposed accessory use and structure be found to be inconsistent with the
Commercial Office District provisions.
(2) Outline of Basis for Accessory Structure Approval and photographs presented by
Dan Friess.
Plans and conceptual drawings were displayed in Council Chambers and Richard
Greenbauer, Assistant Planner, made an oral presentation.
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258
Public Input:
(1) Dan Friess, 31342 Via Parra, presented an outline supporting the structure and
four pages of photographs. He stated that -the Design Review Committee had
felt landscaping was more important than parking at the site; therefore, 5 spaces
had been removed and additional landscaping included. He felt that Municipal
Code 9-3.412 allowed the accessory structures and that pursuant to Municipal
Code Section 9-3.607, they had met all requirements for an accessory structure.
He pointed out commericial developments in the City that had storage structures,
including those located adjacent to 1-5. He stated his willingness to work with the
City and suggested the possibility of locating the storage use in the primary
structure and using the accessory structure for office space.
(2) Ken Friess, 31506 Paseo Christina, commented on other structures within the
City which have accessory buildings and gave examples which he felt added to
the charm/overall appeal of the community. Mr. Friess stated that the accessory
garage would eventually be hidden from view by the landscaping and felt it would
be an improvement over the existing eyesore, vacant parcel. He requested the
Council's reasonable and objective consideration regarding the structure.
(3) Chuck Housewirth, 26611 Paseo Durango, questioned the hours of operation of
the facility and expressed his concern regarding potential noise problems from
trucks accessing the proposed facility. He was advised that the hours of
operation would be from 8:00 am. to 6:00 p.m., and that noise should not be an
issue since only standard pick-up trucks would be stored at the site.
(4) Mark Nielsen, 31621 Via Quixote, Co -Chairman of CAUSE, stated that CAUSE
did not object the office building but strongly objected to the detached accessory
garage, which they felt was unnecessary and inappropriate for commercial
development. Mr. Nielsen felt that approval of this use would be precedent -
setting; that the use was too visible and too close to the freeway; that an
exception to the parking regulations would not be necessary if the accessory
structure were not allowed; that the use was proposed only to meet the desires
of one tenant and the use would not be necessary should that tenant move in the
future; and, that since this appeal was on behalf of the citizens of the City, the
$100 appeal filing fee should be waived.
(5) Marcie Frolov, 28501 Via Primavera, referred to a previous statement regarding
development of the vacant parcel and stated that she was aware of an individual
who had been denied an application to construct an office building at that
location. She felt that too many exceptions would be allowed if the storage
facility was approved.
Council Discussion:
Council Member Swerdlin initiated discussion regarding the concept of the use of the
primary building for storage and suggested the possibility of a variance to allow the existing
building to accommodate storage. He was advised that the use would be inconsistent
City Council Minutes
_18- 12/05/00
259.
wherever it was accommodated. Discussion ensued and Council Members concurred that
this would be a precedent -setting issue and stated support of staffs recommendation.
Determination Regarding Accessory Use:
It was moved by Council Member Bathgate, seconded by Council Member Greiner, that
the following Resolutions be adopted:
RESOLUTION NO. 00-12-5-9, MAKING A DETERMINATION
REGARDING AN ACCESSORY GARAGE USE/STRUCTURE - SERRA
VISTA OFFICE BUILDING —A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING
THE DETERMINATION THAT AN ACCESSORY GARAGE
USE/STRUCTURE FOR THE PURPOSE OF STORAGE OF
CONSTRUCTION MATERIALS AND ASSOCIATED VEHICLES IS NOT
CONSISTENT WITH THE LIST OF PERMITTED ACCESSORY
USES/STRUCTURES AND WOULD ALTER THE CHARACTER OF THE
COMMERCIAL OFFICE DISTRICT (SERRA VISTA OFFICE BUILDING)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff and
Mayor Hart
NOES: None
ABSENT: None
Approval of Appeal:
It was moved by Council Member Bathgate, seconded by Council Member Greiner that
the following Resolution be adopted:
RESOLUTION NO. 00-12-5-10, APPROVING APPEAL - ACCESSORY
GARAGE ON PROPERTY LOCATED AT 30300 CAMINO
CAPISTRANO (SERRA VISTA OFFICE BUILDING) — A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN APPEAL OF THE PLANNING
COMMISSION'S APPROVAL OF A 634 -SQUARE -FOOT ACCESSORY
GARAGE PORTION OF ARCHITECTURAL CONTROL 00-06 FOR
PROPERTY LOCATED AT 30300 CAMINO CAPISTRANO AND MORE
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 649-
361-07. (SERRA VISTA OFFICE BUILDING)
The motion carried by the following vote:
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260
AYES: Council Members Bathgate, Gelff, Greiner, Swerdlin and
Mayor Hart
NOES: None
ABSENT: None
Approval of Waiver of Fee Request:
It was moved by Council Member Gelff, seconded by Council Member Swerdiin and
unanimously carried to approve the Request for waiver of the Appeal Filing Fee in the
amount of $100.
RECESS AND RECONVENE
Council recessed at 9:10 p.m. and reconvened at 9:15 p.m.
2. APPROVAL OF CONSULTANT SELECTION FOR ADMINISTRATION OF THE
1998-1999 COMMUNITY DEVELOPMENT BLOCK GRANT MOBILE
HOME/OWNER-OCCUPIED HOUSING REHABILITATION PROGRAMS AND
THE 1999 HOME FIRST-TIME HOMEBUYERS PROGRAM (HOUSING
PROGRAMS) (600.30)
Written Communications:
Report dated December 5, 2000, from the Director of Planning, recommending selection
of the consulting firm of Housing Programs for administration of the Agency's Rental
Subsidy and Securement Program, the title 25 Health and Safety Inspection Program
and grants, and miscellaneous housing administration functions.
Approval of Agreement:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner, and
carried with Council Member Gelff abstaining to approve the Personal Services
Agreement with Housing Program in an annual amount not to exceed $103,000, for
administration of the 1998-1999 community Development Block Grant Mobile
Home/Owner-occupied Housing Rehabilitation Programs and the 1999 HOME First -
Time Homebuyers Program.
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF SPEED BUMPS ON AVENIDA DESCANSO BETWEEN
CAMINO DEL AVION AND VIA DEL REY (590.50)
Written Communications:
(1) Report dated December 5, 2000, from the Engineering and Building Director,
recommending the approval of the installation of speed bumps on Avenida
Descanso between Camino Del Avion and Via Del Rey. The Staff Report
provided a detailed analysis and included petitions signed by the residents.
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261
(2) Memorandum dated December 4, 2000, from the Engineering and Building
Director, providing information regarding Fire response time based on Fire
Authority response time maps. The Memorandum noted that the Fire Authority
had not yet provided a specific response regarding this location.
(3) Memorandum dated December 5, 2000, from the Engineering and Building
Director, conveying Fire response times as provided by the Fire Authority.
An area street map was on display and the Engineering and Building Director made an
oral presentation. He advised that the Speed Bump Policy would be returned to Council
for consideration of amendments that would address Council's concerns relating to Fire
Department response time, and concerns expressed at the November 215E meeting.
Public Input:
(1) Sharon Weil, 32866 Avenida Descanso, spoke in support of the requested speed
bumps, noting the volume of traffic, excessive speeds and the safety of children.
(2) Christina Kosinski-Jeperson, 32852 Avenida Descanso, spoke in support of the
speed bumps. She expressed concern regarding the speed and volume of traffic
and the many pedestrians in the neighborhood due to the schools and
community facilities in the area.
(3) Dale Kosinski, 32852 Avenida Descanso, spoke in support of the speed bump
installation due to excessive speed and reckless driving, and expressed his
concerns regarding the safety of children in the neighborhood.
(4) Lesley Manet, 32866 Avenida Descanso, referred to the speed of traffic and
expressed her concerns regarding the safety of children. She urged the City
Council to give approve the installation of speed bumps on Avenida Descanso
as soon as possible.
(5) Brian Quan, 25841 Avenida Mariposa, spoke in support of the request, stating
his concerns regarding safety after almost losing his child due to a vehicle
driving at excessive speed.
Approval of Speed Bump Installation:
It was moved by Council Member Swerdlin, seconded by Council Member Gelff, and
unanimously carried that the installation of speed bumps on Avenida Descanso between
Camino Del Avion and Via Del Rey be approved.
ORDINANCES
APPROVING REZONE 00-3 - SERRA VISTA OFFICE BUILDING (460.20)
Written Communications:
Report dated December 5, 2000, from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 21, 2000, and was scheduled for adoption.
City Council Minutes -21- 12/05100
262
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
Swerdlin, seconded by Council Member Bathgate, that the following Ordinance be
adopted:
ORDINANCE NO. 852, APPROVING REZONE 00-3, SERRA VISTA
OFFICE BUILDING - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CHANGING THE CURRENT ZONING
DESIGNATION ON PROPERTY LOCATED AT 30300 CAMINO
CAPISTRANO, BETTER KNOWN AS ASSESSOR'S PARCEL NUMBER
649-361-07, FROM GM (GROWTH MANAGEMENT) TO CO
(COMMERCIAL OFFICE) AND AMENDING THE CITY'S OFFICIAL
ZONING MAP TO REFLECT THIS CHANGE (SERRA VISTA OFFICE
BUILDING)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin and Mayor Hart
NOES: None
ABSTAIN: Council Member Gelff
ABSENT: None
2. ADOPTION OF ORDINANCE RELATING TO ACCESSORY USES AND
STRUCTURES 420.30
Written Communications:
Report dated December 5, 2000, from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 21, 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
Bathgate, seconded by Council Member Greiner, that the following Ordinance be
adopted:
ORDINANCE NO. 853, AMENDMENT TO TITLE 9 OF THE MUNICIPAL
CODE - ACCESSORY USES AND STRUCTURES - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3-607(g) AND (1),
ENTITLED "ACCESSORY USES AND STRUCTURES"
The motion carried by the following vote:
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AYES: Council Members Bathgate, Greiner, Swerdlin and Mayor Hart
NOES: None
ABSTAIN: Council Member Gelff
ABSENT: None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES — None.
COUNCIL COMMENTS
1. Review of City Council Appointments 610.80
Council Member Bathgate requested that the review of appointments to outside
agencies be scheduled in January.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:35 p.m. to
the next regular meeting date of Tuesday, December 19, 2000, at 5:30 p.m. in the City Council
Chambers. That meeting will not be held. The next meeting will be held Wednesday,
January 3, 2001.
Respectfully submitted,
ATTEST:
WYAT ART, MAVOR
1.1.1wamors , ANA FA
•' IL
•
City Council Minutes -23- 12/05/00