01-0501_CC_Minutes_Regular Meeting351
May 1, 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 54957.6, the City Council met with its
labor negotiator (City Manager) concerning terms and conditions of employment
with respect to the Management/Classified employees.
2. Pursuant to Government Code Section 54957, the City Council met for the
purpose of conducting an evaluation of the performance of the City Manager.
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 7:01 p.m., in the City Council Chamber, followed by the
Pledge of Ailegiance to the Flag. Invocation was given by Council Member Swerdlin.
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
9��It�i•G�
STAFF PRESENT: George Scarborough, City Manager, Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Meg Monahan, City Clerk; Dawn Schanderl,
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 Sheriff's Department; and Jennifer Carlin, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY, CAPISTRANO VALLEY
WATER DISTRICT
INTRODUCTIONS AND PRESENTATIONS
_ 1. PROCLAMATION DESIGNATING MAY 12 2001 AS FIRE SERVICE
RECOGNITION DAY (610.40)
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Mayor Hart presented a Proclamation to Battalion Chief Mike Ahumada for Fire
Service Recognition Day,
2. PROCLAMATION DESIGNATING MAY AS VETERANS APPRECIATION MONTH
610.40
Mayor Hart presented a Proclamation to Pete Barrigan of the Employment
Department and designated May as Veterans Appreciation Month.
3. By unanimous vote Council Member Gelff added a Proclamation Designating May 6-
12, 2001 as "Be Kind to Animal Week" to the agenda. (610.40)
PROCLAMATION DESIGNATING MAY 6-12,2001 "BE KIND TO ANIMALS WEEK"
Mayor Hart presented a proclamation to Dr. Joe Cortesi, Animal Welfare Chairman,
CARE
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following persons in attendance: Bill Pichler,
Planning Commission; Joanne de Guevara and Marie Buckner, Housing Advisory
Commission; Les Blair and June Simmons, Senior Liaison; Battalion Chief Mike
Ahumada, Orange County Fire Authority and students from Capistrano Valley High
School Government Class.
ORAL COMMUNICATIONS
[CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT) - None
CONSENT CALENDAR
It was moved by Council Member Greiner, seconded by Council Member Bathgate 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
ABSTAIN: Council Member Bathgate, from Item 4 only, due potential
conflict with a warrant item listed.
1. MOTION TO READ BY TITLE ONLY
The reading of all Ordinances by title only was approved.
2. APPROVAL. OF MINUTES - REGULAR MEETING _ OF APRIL 3, 2001 AND
SPECIAL MEETING OF APRIL 4. 2001
The Minutes of the Regular Meeting of April 3, 2001, and the Special Meeting of
April 4, 2001 were approved as submitted.
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3. RECEIVE AND FILE WARRANTS OF APRIL 5. 2001 (300.30)
The List of Demands dated April 5, 2001, in the total amount of $1,052,010.40 was
ordered received and filed.
4. RECEIVE AND FILE INVESTMENTS AS OF THE MONTH ENDING MARCH 31,
2001 (350.30)
The City Treasurer's Report of Investments as of March 31, 2001 was ordered
received and filed.
5. APPROVE REASSIGNMENT OF PERSONAL SERVICES AGREEMENT FOR
ENGINEERING SERVICES TO CONDUCT THE MPAH ROADWAY DELETION
STUDY FROM RKJK & ASSOCIATES INC. TO URBAN CROSSROADS INC
600.30
As set forth in the Report dated May 1, 2001 from the Director of Engineering and
Building advising reassignment of Personal Services Agreement for engineering
services for the MPAH Roadway Deletion Study from RKJK & Associates, Inc., to
Urban Crossroads, Inc. for the remaining work was approved.
6. APPROVE RESOLUTION ENDORSING GRANT APPLICATIONS FOR
PROPOSITION 13 FUNDS FROM THE CALIFORNIA DEPARTMENT OF WATER
RESOURCES -- URBAN WATER CONSERVATION FEASIBILITY STUDIES
1050.90
As set forth in the Report dated May 1, 2001 from the Administrative Services
Director, the following Resolution was adopted:
RESOLUTION NO. 01-5-1-1, ENDORSEMENT OF APPLICATIONS AND
DESIGNATION OF THE CITY'S AGENT TO EXECUTE AND FILE GRANT
APPLICATIONS FOR THE PURPOSE OF OBTAINING FUNDS FROM THE
CALIFORNIA DEPARTMENT OF WATER RESOURCES — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ON BEHALF OF
THE CAPISTRANO VALLEY WATER DISTRICT, ENDORSING GRANT
APPLICATIONS FILED UNDER PROPOSITION 13 TO OBTAIN FUNDING FOR
URBAN WATER CONSERVATION FEASIBILITY STUDIES AND DESIGNATING
THE CITY'S AGENT TO EXECUTE AND FILE GRANT APPLICATIONS WITH THE
CALIFORNIA DEPARTMENT OF WATER RESOURCES
7. APPROVE RATIFYING STAFF'S ACTION TO INSTALL TEMPORARY STOP
SIGNS ON JUNIPERO SERRA ROAD AT THE 1-5 SOUTHBOUND RAMPS
590.50
As set forth in the Report dated May 1, 2001 from the Director of Engineering and
Building, recommending ratifying staff's actions to install temporary stop signs on
Junipero Serra Road and approving the following Resolution:
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RESOLUTION NO. 01-5-1-2, INSTALLATION OF EASTBOUND AND
WESTBOUND STOP SIGNS AT JUNIPERO SERRA ROAD AND 1-5
SOUTHBOUND RAMPS -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING EASTBOUND AND
WESTBOUND STOP SIGNS ON JUNIPERO SERRA ROAD AT THE 1-5
SOUTHBOUND RAMPS
8. DENIAL OF CLAIM (DAVID SALAZAR) (170.70)
As set forth in the Report dated May 1, 2001 from the City Attorney, the
recommendation to accept the City insurance adjuster's recommendation to deny
the claim of David Salazar was approved as recommended.
9. APPROVE THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT 15998 (KB HOME COASTAL, INC./ALIPAZ — PHASE 2)
(420.401600.30)
As set forth in the Report dated May 1, 2001 from the City Manager, the
recommendation requesting approval of the Final Map for Tract 15998 as it conforms
to the requirements set forth in the Subdivision Map Act and the approved Tentative
Tract Map conditions; authorization for the City Engineer and the City Clerk to
execute the Final Map; authorization for the Mayor and City Clerk to execute the
Subdivision Improvement Agreement and accept corresponding securities, and for
the City Clerk to forward the Map and Subdivision Agreement to the County
Recorder was approved.
PUBLIC HEARINGS
DENY THE APPEAL OF THE PLANNING COMMISSION'S MARCH 13, 2001
ACTION APPROVING CONDITIONAL USE PERMIT 00-05 AN UNMANNED
WIRELESS ANTENNAE FACILITY FOR PROPERTY LOCATED AT 31301
AGUACATE ROAD (PACIFIC BELL WIRELESS) (600.301460.70) -- _
Proposal:
Consider Appeal of the Planning Commission's March 13, 2001 action approving
Conditional Use Permit 00-05, an unmanned wireless antennae facility.
Applicant:
Duan Dao, O'Neal Communications
Appellant:
Louis Burke, 31351 Aguacate Road
Written Communications:
(1) Staff report dated May 1, 2001 recommending denial of the appeal request and
approve resolution confirming Conditional Use Permit 00-05, as approved by the
Planning Commission.
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(2) Letters from Rene Burke, 31351 Aguacate Road, Charlotte Brown, 31521
Aguacate Road and Jody and Jack Pike, 31587 Aguacate Road, opposing the
Planning Commission's decision and requesting an appeal.
Richard Greenbauer and Thomas Tomlinson, Planning Director, made oral
presentations, outlining the Staff Report.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the public hearing,
and the following persons responded:
(1) Applicant Duan Dao, O'Neal Communications, discussed reasons for choosing
the facility site and explained that the location provided optimal service coverage.
He asked that City Council uphold the Planning Commission's decision.
(2) Dick Wilhelm 31529 Aguacate Road, Rene Burke and Louis Burke, 31351
Aguacate Road and Sharon Scadron, 26112 Calle Roberto Road and Mimi and
Tom Tatolle, 31401 Aguacate Road, all spoke in opposition of the Planning
Commission's Decision citing health and safety concerns, questionable
easement access rights, aesthetics, decreased property values and
inappropriate use of residential area for commercial use.
There being no further response, Mayor Hart closed the public hearing with the right
to re -open at any time.
Council Comments:
Council Member Greiner requested staff follow up with the access road easement
issues and legal requirements.
Council Member Bathgate felt that the impacts within the regulatory authority of the
city had been addressed and a need for the facility had been established.
Mayor pro tem Swerdlin felt that sites located away from residential areas would be
more appropriate for this use.
Denial of appeal request and approval of resolution:
It was moved by Council Member Bathgate, seconded by Council Member
Greiner that the Appeal Request be denied and the following Resolution be
adopted with a condition that all access easements obtained are to be legal
and appropriate and all traffic accessing the site will do so legally as
determined by the office of the City Attorney.
RESOLUTION NO. 01-5-1-03, DENYING AN APPEAL OF A PLANNING
COMMISSION ACTION AND CONFIRMING CONDITIONAL USE PERMIT (CUP
00-05) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF A PLANNING
COMMISSION ACTION AND CONFIRMING A REQUEST TO INSTALL, OPERATE,
AND MAINTAIN AN UNMANNED WIRELESS DATA FACILITY ON THE
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AQUACATE RESERVOIR TANK LOCATED AT 31301 AQUACATE ROAD, AND
MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 121-
070-04 (PACIFIC BELL WIRELESS)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner and Mayor Hart
NOES: Council Members Swerdlin and Gelff
ABSTAIN: None
2. CONSIDER ORDINANCE TO AMEND TITLE 4 TO THE MUNICIPAL CODE OF
THE CITY OF SAN JUAN CAPISTRANO ADDING CHAPTER 9. TITLED
COMMERCIAL FILMING ACTIVITIES (585.95)
Item withdrawn, pending further review.
RECESS AND RECONVENE
Council recessed at 7:55 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 8:00
p.m.
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
APPROVE CONVERSION OF GREEN TRAFFIC SIGNAL INDICATIONS FROM
INCANDESCENT TO LIGHT EMITTING DIODES (LEDS) (600.30,)
Written Communications:
Staff Report dated May 1, 2001 from the Engineering and Building Director.
William Huber, Director of Engineering and Building, made an oral presentation
outlining the staff recommendation to approve the conversion of green traffic signal
indications.
Approval of traffic signal conversion and adoption of a Resolution:
It was moved by Council Member Greiner, seconded by Council Member Bathgate
and unanimously carried to approve the conversion of traffic signal indications;
authorize City Manger to execute Participation Agreement with SDG&E for
reimbursement for certain LED materials installed in traffic signals; approve waiving
the formal bid process and award contract to Dialight Corp, as the material vendor;
authorize the City Manager to execute Equipment Installation and Equipment
Lease/Purchase Agreement with Competitive Resources to perform conversion; and
adopt the following Resolution approving application for energy efficiency loan from
the California Energy Commission:
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RESOLUTION NO. 01-5-1-04, AUTHORIZING AN APPLICATION FOR
CALIFORNIA ENERGY COMMISSION FINANCING TO CONVERT TRAFFIC
SIGNAL INDICATIONS FOR INCANDESCENT TO LIGHT EMITTING DIODE (LED)
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, AUTHORIZING AN APPLICATION FOR CALIFORNIA ENERGY
COMMISSION FINANCING TO CONVERT TRAFFIC SIGNAL INDICATIONS
FROM INCANDESCENT TO LIGHT EMITTING DIODE (LED)
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
ANNUAL APPOINTMENTS TO COMMISSIONS AND COMMITTEES (10.20)
It was moved by Council Member Bathgate, seconded by Council Member Gelff and
unanimously carried to continue the Item to the meeting of May 15, 2001.
2. APPROVE EXTENSION OF CITY MANGER EMPLOYMENT AGREEMENT
(600.30)
It was moved by Council Member Bathgate, seconded by Council Member Gelff and
unanimously carried to approve the three-year extension of the City Manger
Employment Agreement.
Mayor Pro Tem Swerdlin
Orange County Vector Control District (560.50) - Council Member Bathgate attended
the meeting, noting that the Vector of the Month is the Mosquito.
Council Member Greiner
2. Orange County Waste Management Commission (810.10) —Meeting scheduled for May
2, 2001 regarding regional landfill issues.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:13
p.m. to the next regular meeting date of Tuesday, May 15, 2001 at 5:30 p.m. in the City
Council Chamber.
ATTEST
WYAT HART, MAYOR OZ
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Respectfully submitt ,
R ARET R. MONAHAN, CITY CLERK
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