01-0220_CC_Minutes_Regular Meeting301
FEBRUARY 20, 2001
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 purposes, as authorized by
statute:
Pursuant to Government Code Section 54956.8, the City Council will confer with its
Real Property Negotiator (City Manager) regarding the possible lease of City -owned
land (a portion of Assessor's Parcels No's. 121-050-21 and 121-050-18). The
potential lessee's property agent is Lon Uso.
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 Hart at 7 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Pastor Darrell Ward, South Coast
Christian Assembly.
ROLL CALL PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Diane Bathgate, Council Member
John S. Gelff, Council Member
John Greiner, 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;
Thomas Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King,
Community Services Director; Jennifer Carlin, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Hart advised there were no actions to report from the Closed Session.
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 110.10
Mayor pro tem Swerdlin introduced the following persons in attendance: Tom
Ostensen, Park, Recreation and Equestrian Commission; Bill Sonka, Planning
Commission; Marie Buckner, Mary Rose Winkler, and Joann de Guevara, Housing
Advisory Committee; Les Blair, Sr. Liaison; and former Mayor Gil Jones.
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ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY - None
CONSENT CALENDAR
It was moved by Council Member Bathgate, seconded by Council Member Gelff, 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 Hark
NOES: None
ABSENT: None
The reading of all Ordinances by title only was approved.
2. RECEIVE AND FILE WARRANTS OF JANUARY 25, 2001 (300.30)
The List of Demands dated January 25, 2001, in the total amount of $661,170.52,
was ordered received and filed. Council Member Bathgate abstained.
3. RECEIVE AND FILE CASH BALANCES BY FUND FOR DECEMBER 31,
2000 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month of December,
2000, was ordered received and fled.
4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated February 20, 2001, from the Planning Director, advising that four
new applications had been received since the last Report on January 16, 2001, was
ordered received and filed.
5. ADOPTION OF RESOLUTION, CONTRACT CHANGE ORDER NO.__ 2z
NOTICE OF COMPLETION AND FINAL REPORT — REHABILITATION OF
ORTEGA HIGHWAY DEL OBISPO STREET TO 1-5 SOUTHBOUND
RAMPS (ALL AMERICAN ASPHALT) (CIP NOS. 114 & 134) (600.30)
As set forth in the Report dated February 20, 2001 from the Engineering and
Building Director, the following Resolution was adopted approving Contract Change
Order No 2 in the amount of $825.00 to install three traffic loop stubouts, and
accepting the work for the Ortega Highway Rehabilitation as complete: -•
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RESOLUTION NO. 01-2-20-1, COMPLETION OF ORTEGA
-- HIGHWAY REHABILITATION JALLAMERICAN ASPHALT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING THE WORK TO
BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
REHABILITATION OF ORTEGA HIGHWAY FROM DEL OBISPO
STREET TO THE 1-5 SOUTHBOUND RAMPS (ALL AMERICAN
ASPHALT)
The resolution directed the City Clerk to forward a Notice of Completion to the
County Recorder, and authorized staff to release the 10% retention in the amount of
$12,543.49, 35 days after recording the Notice of Completion.
6. APPROVAL OF REQUEST FOR LIBRARY DIRECTIONAL SIGNS (410.40
As set forth in the Report dated February 20, 2001 from the Planning Director, the
Orange County Public Library's request for the installation of three directional signs
to be located at the I-5 North- and South -bound Ortega Highway off -ramps and at EI
Camino Real and Ortega Highway, was approved.
7. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR THE 2001
FIESTA DE LAS GOLONDRINAS RESOLUTION FOR WAIVER FEES AND
ISSUANCE OF EXCEPTION FOR FIREARM DISCHARGE FIESTA
ASSOCIATION) (600.30)
As set forth in the Report dated February 20, 2001 from the Community Services
Director, the Memorandum of Understanding was approved, recognizing the Fiesta
Association as the lead agency for the 2001 Fiesta de las Golondrinas events; and,
the following Resolution was adopted approving the waiver of fees and issuance of
an exception for firearm discharge:
RESOLUTION NO. 01-2-20-2 APPROVING WAIVER OF CITY FEES
AND GRANTING OF EXCEPTION TO FIREARMS DISCHARGE
REGULATIONS (FIESTA ASSOCIATION) — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A REQUEST FOR A WAIVER OF THE
CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA
ASSOCIATION OF THE EVENTS ASSOCIATED WITH THE 2001
FIESTA DE LAS GOLONDRINAS CELEBRATION, THE SWALLOWS
DAY PARADE, ADIOS TO THE SWALLOWS FALL BARBEQUE,
AND THE JULY 4' CELEBRATION, AND GRANTING AN
EXCEPTION TO THE CITY'S FIREARM DISCHARGE
REGULATIONS FOR HOOS'GOW DAY AND SWALLOWS PARADE
DAY
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8. ADOPTION OF A RESOLUTION AUTHORIZING CONTINUED CITY
PARTICIPATION IN THE COUNTY OF ORANGE'S MORTGAGE CREDIT
CERTIFICATE PROGRAM FOR FIRST TIME HOMEBUYERS 600.50
As set forth in the Report dated February 20, 2001 from the Planning Director, the
following resolution was adopted:
RESOLUTION NO 01-2-20-3, CONTINUED PARTICIPATION IN
MORTGAGE CREDIT CERTIFICATE PROGRAM - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING CONTINUED
PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE
PROGRAM WITH THE COUNTY OF ORANGE FOR FIRST-TIME
HOMEBUYERS
9. DENIAL OF CLAIMS BY CLAIMANTS LAM, TRAVIS AND CURTIS (170.10)
As set forth in the Report dated February 20, 2001, from the City Attorney, the
claims filed by Maurice Lam, Linda Travis, and John Curtis were denied.
PUBLIC HEARINGS
APPROVAL OF TEMPORARY STREET CLOSURE — ANNUAL SWALLOWS
DAY PARADE AND MERCADO, SATURDAY, MARCH 24, 2001 (150.60)
Proposal:
Consideration of a request for temporary street closures and issuance of a parade
permit in conjunction with the Annual Swallows Day Parade and Mercado scheduled
for Saturday, March 24, 2001
Applicant:
San Juan Capistrano Fiesta Association, P. O. Box 532, San Juan Capistrano, CA
92693
Written Communications:
Report dated February 20, 2001, from the Engineering and Building Director,
forwarding maps of the parade route and necessary street closures for both the
parade and Mercado to be held on Saturday, March 24, 2001. The parade will begin
at 11:00 a.m., with street closures beginning at 6:00 a.m. The Mercado will be held
between the hours of 8:00 a.m. to 5:30 p.m. and require street closures until
approximately 8:00 p.m.
William Huber, Engineering Director, gave an oral presentation outlining the staff
report.
Public Hearing:
Notice having been given
and, there bging no rest
time.
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as required by law, Mayor Hart opened the Public Hearing
mse closed the Hearing with the right to re -open at any
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--
Approval of Temporary Street Closures and Issuance of Parade Permit:
It was moved by Council Member Greiner, seconded by Council Member Swerdlin,
and unanimously carried to: (1) approve the temporary street closures for the Fiesta
De Las Golondrinas Parade and the Mercado on Saturday, March 24, 2001; and, (2)
approve the issuance of a parade permit to the San Juan Capistrano Fiesta
Association, per the City's Municipal Code Section 5-11.05(b).
2. ADOPTION OF A RESOLUTION VACATING UNUSED RIGHT-OF-WAY
FOR LA NOVIA AVENUE (MATSUSHITAIGLENDALE FEDERAL)
67i 0.50)
Proposal:
Adopt a resolution vacating unused right-of-way for La Novia Avenue in order to
resolve ownership title issues. The public hearing process was initiated by
Resolution on January 16, 2001.
Applicant:
City of San Juan Capistrano
Written Communications:
Report dated February 20, 2001 from the Director of Engineering, providing
background information regarding vacating the unused right-of-way.
William Huber, Engineering Director, gave a brief oral presentation.
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 A Resolution Vacating Unused Right -Of -Way For La Nova Avenue:
It was moved by Council Member Bathgate, seconded by Council Member Gelff and
unanimously carried that the following Resolution be adopted:
RESOLUTION NO. 01-02-20-4 VACATING UNUSED RIGHT-OF-
WAY - LA NOVIA AVENUE (MATSUSHITA/GLEN DALE FEDERAL
SAVINGS AND LOAN) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
VACATING UNNECESSARY RIGHT-OF-WAY FOR PREVIOUSLY -
PROPOSED ALIGNMENT OF LA NOVIA AVENUE, A.K.A. PARCEL
C OF A GRANT DEED RECORDED IN BOOK 7963, PAGES 478-
484 OF OFFICIAL RECORDS OF THE COUNTY OF ORANGE,
WITHIN ASSESSOR'S PARCEL 666-321-02, A.K.A. PARCEL 1 OF
A MAP RECORDED IN BOOK 3, PAGE 11 OF PARCEL MAPS OF
THE COUNTY OF ORANGE; EXCEPTING THE MOST SEVEN
FEET OF SAID PARCEL C, TO BE RETAINED FOR RIGHT-OF-
WAY :FOR SAN JUAN CREEK ROAD (MATSUSHITAIGLEN DALE
FEDERAL SAVINGS AND LOAN)
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The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin Gelff
and Mayor Hart
NOES. None
ABSENT: None
The City Clerk was directed to forward the Resolution to the Orange County
Recorder's Office.
3. ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDAR YEARS
2002-2004 AND THE RESIDENTIAL ALLOCATION SCHEDULE FOR
CALENDAR YEARS 2001-2004 (RESIDENTIAL GROWTH MANAGEMENT
PROGRAM) (440.50)
Council Member Bathgate advised she would abstain on this item due to a potential conflict
of interest relating to her performance of consulting services for a planning firm working for
SunCal Companies. Council Member Bathgate left the Chambers.
Proposal:
Hearing held pursuant to Chapter 7, Title 9 of the Municipal Code to establish a
numerical limit on the number of residential building permits to be issued for each of
the next three years and to consider the allocation of specific building permits for
approved residential projects.
Applicant:
City of San Juan Capistrano
Written Communications:
Report dated February 20, 2001, from the Planning Director, forwarding background
information.
Tom Tomlinson, Planning Director, made an oral presentation outlining the staff
report and noting that the resolution had been modified to include a finding relating
to consistency with Government Code Section 65863.6.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the public hearing,
and the following persons responded:
(1) Mark Nielsen, Co -Chairman of CAUSE, 31621 Via Quixote, expressed
concern that the recommendation did not go far enough and felt that in order
to control the growth the numerical limits should be set lower; i.e., .250 in the
year 2002 and 150 in the years 2003 and 2004.
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Council Comments:
-` Discussion ensued regarding the additional analysis that would be necessary to
reduce the numerical limits below what staff had recommended. The City Attorney
advised that due to Government Code Section 65863.6, the numbers cannot be
arbitrary and the City would be required to justify reducing the numerical limit.
Motion to Continue Item (failed):
A motion by Council Member Gelff to continue to the item for additional information
died due to lack of a second.
Approval of Numerical Limits:
It was moved by Council Member Swerdlin and seconded by Council Member
Greiner that the following Resolution be adopted:
RESOLUTION NO. 01-2-20-5 ESTABLISHING NUMERICAL LIMITS
FOR CALENDAR YEARS 2002 THROUGH 2004 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING NUMERICAL LIMITS
FOR CALENDAR YEARS 2002 THROUGH 2004 CONSISTENT
WITH TITLE 9, CHAPTER 7, RESIDENTIAL GROWTH
MANAGEMENT PROGRAM
The motion carried by the following vote:
AYES: Council Members, Greiner, Swerdlin
and Mayor Hart
NOES: Council Member Gelff
ABSENT: Council Member Bathgate
The Resolution established the following limits for residential building permits:
Calendar Year
2002
2003
2004
Numerical Limit
300
275
200
Adoption of Allocation Schedule:
It was moved by Council Member Swerdlin and seconded by Council Member
Greiner that the following Resolution be adopted:
RESOLUTION NO. 01-2-20-6APPROVING RESIDENTIAL
ALLOCATION SCHEDULE FOR CALENDAR YEARS 2001
THROUGH 2004 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
-- RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS
2001 THROUGH 2004 PURSUANT TO TITLE 9, CHAPTER 7,
RESIdr-:NTIAL GROWTH MANAGEMENT PROGRAM
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The motion carried by the following vote:
AYES: Council Members, Greiner, Swerdlin
and Mayor Hart
NOES: Council Member Gelff
ABSENT: Council Member Bathgate
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
PLANNING DIRECTOR
CONSIDERATION OF REQUEST TO RELOCATE COAST LIVE OAK
TREES TO THE UNIVERSITY OF CALIFORNIA IRVINE FOR
PLACEMENT AT THE NEW RESIDENCE FOR THE PRESIDENT OF THE
UNIVERSITY (SADDLEBACK VALLEY CHRISTIAN SCHOOLS) (410.30)
Written Communication:
Report dated February 20, 2001 from the Planning Director, advising that the
Saddleback Valley Christian School had offered to donate seven Coast Live Oak
Trees to the University of California at Irvine for landscaping the new Chancellor's
residence. The Report provided background about the trees and an analysis of the
request in light of the City's General Plan and Municipal Code requirements. The
Report recommended approving the relocation of one tree.
Tom Tomlinson, Planning Director, gave an oral report, explaining the request and
his recommendation to relocate one tree as a reminder that San Juan Capistrano is
a valuable resource of natural beauty in Orange County.
Public Comments:
(1) Kathy Hooper, 31851 Paseo Labranza, of the Parks, Recreation and
Equestrian Commission, expressed the Commission's concern that trees on
the property had been removed without permission and stated her opposition
to the donation. She felt that any trees being relocated should stay within the
City limits.
(2) Liz Toomey, representing the University of Irvine, expressed the University's
appreciation for the donation, noting their sensitivity to the community's
feelings about the trees and their resulting concurrence with the staff
recommendation. She advised that a plaque recognizing the City of San
Juan -t:apistrano could be developed. In response to Council Member
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Swerdlin's suggestion for an in-kind donation back to the City, Ms. Toomey
�- indicated that the Chancellor would be consulted.
Council Comments:
Council Member Bathgate suggested that the plaque recognizing the City include
the historical context of the tree and the Smith family, who originally owned the
property. Council Member Greiner expressed his opposition to relocating any trees
out of San Juan Capistrano, stating he felt the favorable press was not worth the
precedent that could be set.
Approval of the Relocation of One Coast Live Oak to Tree;
It was moved by Council Member Swerdlin, seconded by Council Member Bathgate
and carried with Council Member Greiner voting in the negative, to approve
relocation of one specimen Coast Live Oak for placement at the new residence of
the President of University of California, Irvine, with the condition that a plaque be
installed indicating the donation from the City of San Juan Capistrano and including
the context and history of tree; and, with a request that UCI consider an in-kind gift
to the City of San Juan Capistrano.
2. CONSIDERATION OF MODIFICATION TO HOUSING PROGRAM RULES
POLICIES AND PROCEDURES FIRST-TIME HOME BUYER MOBILE
HOME LOAN PROGRAM AND OWNER -OCCUPIED HOUSING
REHABILITATION PROGRAM) (430.30)
Written Communication:
Report dated February 20, 2001 from the Planning Director, recommending
modifications to the existing housing program regulations in order to assure that the
State grant allocations are expended by their respective deadlines and the maximum
number of applicants are assisted: The proposed modifications to the Mobile Home
Loan Program and Owner -Occupied Rehabilitation Loan Program consisted of: (1)
an increase in the loan limit; (2) the City covering the cost of property insurance for
very low income households; (3) allowing prior recipients to again apply for
grants/loans; (4) adding room additions and conversion of patios to habitable space
to the list of ineligible repairs; (5) allowing some specified loan assumptions; and, (6)
authorizing the City Manager to make changes to procedures in the program. The
proposed modifications to the First -Time Home Buyer Program consisted of (1)
increasing the maximum housing payment to 38% of the monthly gross income; and,
(2) clarifying that the first mortgage must be a 30 -year amortized loan.
Deborah Dirnu, the City's Housing Consultant gave a detailed oral presentation.
Approval.Of The Modification To The Housing Program Rules:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner
and unanimously carried to approve the modifications to Housing Program Rules,
Polices and Procedures for First -Time Home Buyers, and the Mobile Home Loan
Program And Owner -Occupied Housing Rehabilitation Program.
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COMMUNITY SERVICES DIRECTOR
CONSIDERATION OF PROPOSED SHUTTLE BUS PROGRAM FOR
ANNUAL SWALLOWS DAY PARADE 150.60
Written Communication
Report dated February 20, 2001 from Community Services Director, recommending
institution of a shuttle bus program utilizing off-site private parking areas of local
businesses, to reduce traffic congestion problems associated with the annual
Swallows Day Parade/Mercado events.
Al King, Community Services Director, gave an oral presentation.
Public Comments:
The following persons spoke in support of the proposal:
(1) Tom Ostensen 31851 Via Puntero, President of Fiesta Association;
(2) Jeff Schroeder, 32219 Via Barrida, Past President of Fiesta Association;
(3) Bart Moore, 31621 Via Madonna, Sheriff of the Fiesta Association.
Approval of Proposed Shuttle Bus Program for Annual Swallows Day Parade:
It was moved by Council Member Greiner, seconded by Council Member Bathgate
and unanimously carried to approve funding in the amount of $2001 for the
proposed -shuttle program; to select Certified Transportation Services, Inc., to
provide the shuttle bus service; to direct the City Attorney to formalize appropriate
use agreements with companies that have granted permission for use of their
parking lots; and, to authorize the Mayor to sign use agreements.
ORDINANCES
CONSIDERATION OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL
CODE ESTABLISHING REGULATIONS ADDRESSING PROPOSALS TO
CHANGE THE USE OF MOBILE HOME PARK (420.30/430130) (ADOPTION)
Written Communications:
Report dated February 20, 2001, from the City Clerk, advising that the Ordinance
had been introduced on February 6, 2001, 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 Swerdlin, seconded by Council Member Greiner, that the following
Ordinance be adopted:
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ORDINANCE NO. 854, MOBILE HOME PARK CONVERSIONS,
CLOSURES AND CESSATION OF USE- AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING
MUNICIPAL CODE SECTION 9-2.319 RELATING TO THE
REGULATION OF PROPOSED MOBILE HOME PARK
CONVERSIONS, CLOSURES, AND CESSATION OF USE
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The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff,
and Mayor Hart
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. ANNUAL APPOINTMENTS TO COMMISSIONS AND COMMITTEES 110.20
Written Communications:
Report dated February 20, 2001, from the Personnel Manager, advising that the
terms of office for all commission, board and committee members expires on
March 3151 of each year and describing the process for the annual appointments.
Appointment of Ad Hoc Committee:
It was moved by Council Member Greiner, seconded by Council Member Swerdlin
and unanimously carried to select Council Members Gelff and Bathgate to review the
applicants -and make recommendations for appointments at the March 20, 2001
meeting.
2.. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (SERRA) (1.040.60)
Council Member Swerdlin noted SERRA is addressing the issue of utility
increases.
b. Orange County Vector Control District 560 50
Council Member Swerdlin advised the Vector of the Month is the Western
Black -Legged Tick.
COUNCIL COMMENTS
1.
League of California Cities 140.20
Council Member Gelff noted his attendance at recent meeting and commended
Council Member Greiner for representation of the City at the meetings.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:15
p.m., to the next regular meeting date of Tuesday, March 6, 2001, at 5:30 p.m., in the City
Council Chambers.
ATTEST:
WYA HART, MAYOR
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Respectfully submitted,
CH YL JOHNSON, CITY CLERK
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