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01-0619_CC_Minutes_Regular MeetingMINUTES June 19, 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 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 Classified Employees. 2. Pursuant to Government Code Section 54957, the City Council conducted a Closed Session to evaluate the performance of the City Manager. 3. Pursuant to Government Code Section 54956.9, the City Council conferred with its legal counsel regarding the status of Curtis v. City of San Juan Capistrano and Kuo, et. al. v. City of San Juan Capistrano. 4. Pursuant to Government code Section 54956.8, the City Council conferred with its real property negotiator (City Manger) regarding the potential lease of property located at APN 664-172-01. The potential lessee is Freddie Love. RECESS UNTIL 7:00 P.M. BUSINESS SESSION Mayor Hart called the Regular Meeting of the City Council of the City of San Juan Capistrano, California, to order at 7:04 p.m. in the City Council Chamber. Mayor Hart led the Pledge of Allegiance to the Flag. Pastor John Helms, Capistrano Valley Baptist Church, gave the Invocation. ROLL CALL COUNCIL MEMBERS PRESENT: John Greiner, John Gelff, Mayor pro tem David Swerdlin and Mayor Wyatt Hart COUNCIL MEMBERS ABSENT: Diane Bathgate STAFF PRESENT: George Scarborough, City Manager, Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director; William M. Huber; Engineering and Building Director; Thomas Tomlinson, Planning Director; Al King, Community Services Director; and Jennifer Carlin, Recording Secretary. CC Minutes -1- 06/19101 MEETING DEDICATION Mayor Hart dedicated the meeting in honor of the late, Bill (William) Bathgate, former Mayor and member of the City's first City Council. ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None INTRODUCTIONS, PRESENTATIONS AND DONATIONS 1. PROCLAMATION FOR RECREATION AND PARKS APPRECIATION MONTH, JULY 1 THROUGH JULY 31, 2001 (610.40) Mayor Hart presented a Proclamation recognizing Recreation and Parks Appreciation Month, July 1 through July 31, 2001 to Kathy Hooper, Chairman of the Parks, Recreation & Equestrian Commission. 2. WILLIAM PICHLER, FORMER PLANNING COMMISSIONER AND EDGAR JOHNSON, FORMER PLANNING COMMISSIONER, MOBILE HOME PARK REVIEW COMMITTEE MEMBER, TRANSPORTATION COMMISSIONER AND HOUSING ADVISORY COMMITTEE MEMBER RECEIVED PRESENTATIONS FOR THEIR SERVICE TO THE CITY (110.30) Mayor Hart made presentations to Former Commissioners (110.30) William Pichler, 3 yrs service Planning Commission; and Edgar Johnson, 6 yrs service Planning Commission, Mobile Home Park Review Committee, Transportation Commission, Housing Advisory Committee 3. $12,760 PRESENTED TO CITY FOR CONSERVATION ETHIC GRANT, COMMUNITY SERVICE PROGRAM, FROM THE METROPOLITAN WATER DISTRICT (610.40) Ed Foley, representative of Metropolitan Water District of Southern California, presented a $12,760 Conservation Grant Funding check to the City for Conservation Ethic, Community Service Program 4. COMMISSIONERS AND FORMER CITY REPRESENTATIVES INTRODUCED (110.10) Mayor pro tem Swerdlin introduced Ilse Byrnes, Kathy Hooper & Parks, Recreation & Equestrian Commission Members; Les Blair, Don Tryon, Cultural Heritage Commission Member; and Ken Schwartze, former City Council Members Bob Cardoza, Senior Liaison; Friess & Phil CC Minutes -2- 06/19/01 ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT) Mayor Hart read correspondence from Dr. R. Carjoo indicating that he was withdrawing from law suit against city. He expressed high regard for city officials. CONSENT CALENDAR Council Action: Moved by Council Member Greiner, seconded by Council Member Gelff and carried unanimously (4-0) to approve Consent Calendar items 1 through 12 as recommended. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED 2. MINUTES FROM THE REGULAR MEETING OF MAY 15, 2001 APPROVED AS SUBMITTED 3. WARRANTS OF MAY 31, 2001 AND PAYROLL WARRANTS OF MAY 31, 2001 AND JUNE 7, 2001 RECEIVED AND FILED (300.30) 4. CASH BALANCES BY FUND FOR MARCH 31, 2001 RECEIVED AND FILED (330.50) 5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT RECEIVED AND FILED (440.10) 6. AGREEMENT WITH TRAUMA INTERVENTION PROGRAM, INC. FOR VOLUNTEER TRAUMA INTERVENTION RESPONSE, IN THE AMOUNT OF $4,059, FOR FISCAL YEAR 2001-02 APPROVED; MAYOR AUTHORIZED TO EXECUTE AGREEMENT (600.30) 7. FEE REDUCTION FOR USE OF LA SALA AUDITORIUM BY CATHOLIC CHARITIES OF ORANGE COUNTY ON FRIDAY, JULY 13, 2001 APPROVED (390.30) 8. FEE REDUCTION FOR RENTAL OF HISTORIC TOWN CENTER PARK BY SOUTH ORANGE COUNTY COMMUNITY THEATRE -- SHAKESPEARE BY THE SEA APPROVED (390.30) 9. CROSSING GUARD RENEWAL AGREEMENT WITH ALL CITY MANAGEMENT, IN AN AMOUNT NOT TO EXCEED $44,100, APPROVED (600.30) 10. AGREEMENT WITH MOULTON NIGUEL WATER DISTRICT FOR WATER SERVICES APPROVED; MAYOR AUTHORIZED TO EXECUTE AGREEMENT (600.50) CC Minutes -3- 06/19/01 11. 2001-2002 SOUTH EAST REGIONAL RECLAMATION AUTHORITY (SERRA) BUDGET APPROVED; $1,802,800 CITY SHARE ADOPTED, ALLOCATED TO SERRA ACCOUNTS AND FUNDED FROM SEWER ENTERPRISE REVENUES (330.50) 12. AMENDMENT TO LEAGUE OF CALIFORNIA CITIES BYLAWS RELATING TO THE ESTABLISHMENT OF A LEAGUE LEGISLATIVE ADVOCACY GRASSROOTS NETWORK APPROVED; CITY CLERK DIRECTED TO CONVEY APPROVAL TO LEAGUE (140.20) PUBLIC HEARINGS RANCHO SAN JUAN PLANNED COMMUNITY: RESOLUTION NO. 01-6-19-1 ISSUING MITIGATED NEGATIVE DECLARATION FOR AMENDMENT TO THE COMMUNITY GENERAL OPEN SPACE DISTRICT, PERMITTING EQUESTRIAN STABLE SUBJECT TO CONDITIONAL USE PERMIT; ORDINANCE AMENDING COMPREHENSIVE DEVELOPMENT PLAN GENERAL OPEN SPACE DISTRICT REGULATIONS, PERMITTING EQUESTRIAN STABLE INTRODUCED (CITY OF SAN JUAN CAPISTRANO) (460.20... ) Applicant: City of San Juan Capistrano, 32400 Paseo Adelanto San Juan Capistrano, California 92675. Written Communications: Report dated June 19, 2001 from Thomas Tomlinson, Planning Director. Oral Presentations: Thomas Tomlinson, Planning Director reviewed the project recommendation. Mayor Hart opened the public hearing. Public Testimony Joe Pulone, San Juan Creek Estate, requested clarification regarding the location of equestrian stables. Mayor Hart closed the public hearing. Meg Monahan, City Clerk, read the title of the Ordinance. Council Action: Moved by Council Member Greiner, seconded by Council Member Gelff and carried unanimously (4-0) adopt Resolution No. 01-6-19-1 entitled "REZONE 01-04 (RANCHO SAN JUAN PLANNED COMMUNITY CERTIFICATION OF MITIGATED NEGATIVE DECLARATION, A RESOLUTION CC Minutes -4- 06/19/01 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING ISSUANCE OF A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE RANCHO SAN JUAN PLANNED COMMUNITY GENERAL OPEN SPACE DISTRICT TO PERMIT A MAXIMUM SIX ACRE EQUESTRIAN STABLE SUBJECT TO A CONDITIONAL USE PERMIT (CITY OF SAN JUAN CAPISTRANO)." Moved by Council Member Greiner, seconded by Council Member Gelff and carried unanimously (4-0) to introduce and approve first reading of an Ordinance entitled "AN AMENDMENT TO THE GENERAL OPEN SPACE DISTRICT OF THE RANCHO SAN JUAN PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN ADOPTED BY ORDINANCE NO. 575 - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 575 OF THE RANCHO SAN JUAN PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN BY AMENDING THE GENERAL OPEN SPACE DISTRICT REGULATIONS TO PERMIT A COMMERCIAL EQUESTRIAN STABLE SUBJECT TO A CONDITIONAL USE PERMIT." 2. RESOLUTION NO. 01-6-19-2 DENYING REQUEST FOR SIGN EXCEPTION AT PERFORMANCE SPORTS LOCATED AT 32881 CAMINO CAPISTRANO (WESELOH HONDA/PERFORMANCE SPORTS) (410.40) Aoolicant/Property Owner: Performance Motorsports, 32881 Camino Capistrano, San Juan Capistrano California 92675. Written Communications: Report dated June 19, 2001 from the Planning Director; correspondence of June 17, 2001 from Ben Weseloh, Owner, Weseloh Honda. Oral Presentation: Planning Director Tom Tomlinson gave a brief oral report, requesting City Council confirm the action of the Planning Commission to deny an exception to the maximum height limit for monument signs for non -automobile dealerships. Mayor Hart opened the public hearing. Public Testimony Phillip Schwartze, 31682 EI Camino Real, representing the applicant, supported the project and provided justification for Council to grant the appeal of the Planning Commission's denial of the height exception. Mark Nielson, 31621 Via Quixote, expressed support of the Planning Commission's decision and requested that City Council support staff's recommendations. CC Minutes -5- 06/19/01 Joe Puloni, 31021 Via Lamor, expressed opposition to staff recommendations and the Planning Commission's denial of the height exception. Mayor Hart closed the public hearing. Council Action: Moved by Council Member Greiner, seconded by Mayor pro tem Swerdlin and carried unanimously, 4-0, to adopt Resolution No. 01-6-19-2 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE ACTION OF THE PLANNING COMMISSION AND DENYING A REQUEST FOR A SIGN EXCEPTION TO ALLOW A 25 FOOT HIGH MONUMENT SIGN WHEN THE MAXIMUM HEIGHT PERMITTED IS SIX (6') FEET IN HEIGHT. THE PROJECT SITE IS LOCATED AT 32881 CAMINO CAPISTRANO (WESELOH — PERFORMANCE MOTOR SPORTS)." 3. 2001-2008 SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM CONTINUED TO J U LY 3, 2001 (330.40) Written Communications: Report dated June 19, 2001 from William Huber, Engineering and Building Director. Oral Presentation: William Huber, Director of Building and Engineering, provided a review of the proposed 2001-2008 City Seven -Year Capital Improvement Program and requested that the public hearing be continued to July 3, 2001. Mayor Hart opened the public hearing. Public Testimony Mark Nielson, 31620 Via Quixote, expressed appreciation of staff's work on the report, but questioned the priority of specific projects. City Manager George Scarborough explained that the priority/code on the report could be difficult to interpret and certain items must appear in the report for legal purposes. He added that many of the items Mr. Nielson discussed were not city - funded projects. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Greiner and carried unanimously (4-0) to continue the Public Hearing to July 3, 2001. CC Minutes -6- 06/19/01 4. FISCAL YEAR 2001-2002 OPERATING BUDGET CONTINUED TO JULY 3, 2001 (330.20) Written Communications: Report dated June 19, 2001 from Cynthia Russell, Administrative Services Director. Oral Presentations: Cynthia Russell, Administrative Services Director, reviewed the proposed Fiscal Year 2001-2002 Operating Budget and requested that the public hearing be continued to July 3, 2001. Mayor Hart opened the public hearing. Public Testimony Ken Friess, 31506 Paseo Christiano, requested that more money be allocated for the preservation of Eucalyptus trees. Mark Nielson, 31620 Via Quixote, requested clarification regarding certain increases in the budget. Cynthia Russell discussed the increases of the items in question and indicated a more specific report could be provided for the July 3, 2001 meeting. Council Action: Moved by Council Member Gelff, seconded by Council Member Greiner and carried unanimously (4-0) to continue the public hearing to July 3, 2001. 5, CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) GRANTEE PERFORMANCE REPORT FOR GRANT 98-STBG-1265 APPROVED; PUBLIC HEARING CONTINUED TO AUGUST 7, 2001 FOR 2000- 2001 STATE CDBG GRANTEE PERFORMANCE REPORT FOR GRANT 99- STBG-1379 (480.20) Written Communications: Report dated June 19, 2001 from Thomas Tomlinson, Planning Director. Mayor Hart opened the public hearing and received no response. Council Action: Moved by Council Member Greiner, seconded by Council Member Gelff and carried unanimously (4-0) to approve the State Community Development Block Grant Program Grantee Performance Report for state grant 98-STBG-1265 (FY 20012001); and to continue the public hearing for the State Community Development Block Grant Program Grantee Performance Report for state grant 99-STBG-1379 (FY 20012001) to August 7, 20001 CC Minutes -7- 06/19/01 RECESS AND RECONVENE Council recessed at 8:27 p.m., to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 8:34 p.m. ADMINISTRATIVE ITEMS COMMUNITY SERVICES DIRECTOR LICENSE AGREEMENT EXTENSION YMCA FOR USE OF PORTIONS OF APPROVED (600.30): WITH CAPISTRANO BEACH CITIES THE OLD FIRE STATION FACILITIES Written Communications: Report dated June 19, 2001 from Al King, Community Services Director. Oral Presentation: Al King, Community Services Director, reviewed the recommended action. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Greiner and carried unanimously (4-0) to approve the license agreement extension with Capistrano Beach Cities YMCA for use of portions of the Old Fire Station facilities for administrative purposes. ORDINANCES 1. ORDINANCE NO. 856 AMENDING THE OFFICIAL ZONING MAP, REZONE (RZ) 01-02 ADOPTED (SILVER CREEK SLIDE INC.) (460.20) Written Communications: Report dated June 19, 2001, from Meg Monahan, City Clerk, advising that the Ordinance had been introduced at the meeting of Jane 5, 2001 and was scheduled for adoption. Meg Monahan, City Clerk read the title of the Ordinance. Council Action: Moved by Council Member Gelff, seconded by Mayor pro tem Swerdlin and carried unanimously (4-0) to adopt Ordinance No. 856 entitled "REZONE (RZ) 01-02 - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP TO DESIGNATE A 5.09 ACRE PARCEL LOCATED IN UNINCORPORATED ORANGE COUNTY AS "OS" (OPEN SPACE PRESERVATION) ZONE DISTRICT." CC Minutes -8- 06/19/01 6. ORDINANCE NO. 857 AMENDING TITLE 2, CHAPTER 2, ADMINISTRATION OF MUNICIPAL CODE REGARDING ARTICLE 7, PLANNING COMMISSION AND ARTICLE 11, DESIGN REVIEW COMMITTEE (410.6(7110.10/440.40) Written Communications: Report dated June 19, 2001, from Meg Monahan, City Clerk, advising that the Ordinance had been introduced at the meeting of June 5, 2001, and was scheduled for adoption. Meg Monahan, City Clerk, read the title of the Ordinance. Council Action: Moved by Council Member Gelff, seconded by Mayor pro tem Swerdlin and carried unanimously (4-0) to adopt Ordinance No. 857 entitled "AN AMENDMENT TO TITLE 2, CHAPTER 2, ADMINISTRATION OF THE MUNICIPAL CODE REGARDING ARTICLE 7, PLANNING COMMISSION AND ARTICLE 11 DESIGN REVIEW COMMITTEE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING ARTICLE 7 REGARDING THE NUMBER OF MEMBERS TO THE PLANNING COMMISSION AND THEIR DUTIES, AND ADDING ARTICLE 11, ESTABLISHING THE DESIGN REVIEW COMMITTEE TO THE MUNICIPAL CODE." COUNCILMANIC ITEMS 1. AL & JUNE SIMMONS; MARY ROSE WINKLER; ILSE BYRNES; TONY ANTHONY FORSTER; GERALD T. GAFFNEY; MARGE MADIGAN; CARMEN OYHARZABEL; BJ SCOTT TO BE INCLUDED ON WALL OF RECOGNITION (210.10): Written Communication: Report dated June 19, 2001 from Mayor Pro Tem David M. Swerdlin and Council Member John S. Gelff Oral Presentation: Mayor Pro Tem Swerdlin presented the Council Subcommittee's recommendation for placement of names on the Wail of Recognition. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Gelff and carried unanimously (4-0) to approve the Council Subcommittee recommendation to include Al & June Simmons; Mary Rose Winkler; Ilse Byrnes; Tony Anthony Forster; Gerald T. Gaffney; Marge Madigan; Carmen Oyharzabel; and B. J. Scott on the Wall of Recogition. 2. ORAL REPORTS OF OUTSIDE AGENCIES Mayor pro tem Swerdlin Foothill Eastern Corridor (800.50): Fiscal Year 2001-02 budget adopted. San Joaquin Hills Transportation Corridor (800.50): Fiscal Year 2001-02 budget adopted. CC Minutes -9- 06/19/01 Council Member Greiner Orange County Fire Authority 540.80): 2001-02 the OCFA Budgets and Capital Improvement Projects have been reviewed and approved. ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 8:43 p.m. to the regular meeting of Saturday, June 30, 2001 at 9:00 a.m. in the City Council Chamber. Respectfully submitted, ET R. MONAHAN, CITY CLERK July 19, 2001 ATTEST DAVID M. 8WERDLIN, MAYOR PRO TEM 00 Minutes -10- 06/19/01 367 NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, at its Regular meeting of June 19, 2001, adjourned said meeting to June 30, 2001 at 9:00 a.m. for a Closed Session in City Council Conference Room, 32400 Paseo Adelanto, San Juan Capistrano. DATED: June 19, 2001 12 R. Monahan, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano do hereby declare that the above Notice was posted at or near the door of the City Council Chamber on June 20, 2001 within 24 hours of adjournment of the above-named meeting. 1 declare under penalty of perjury that the foregoing is true and correct. Marg e . Monahan, City Clerk San J an qapistrano, California