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
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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)
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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.
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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.
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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."
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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