01-0717_CC_Minutes_Regular MeetingMINUTES
J U LY 17, 2001
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85) - None
Mayor pro tem Swerdlin called the Regular Meeting of the City Council of the City of
San Juan Capistrano, California, to order at 7:02 p.m. in the City Council Chamber.
Council Member Bathgate led the Pledge of Allegiance to the Flag. Pastor Fred Eaton,
Coast Bible Church, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, John Greiner, John Gelff and Mayor
pro tem David Swerdlin
COUNCIL MEMBERS ABSENT: Mayor Wyatt Hart
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; Thomas Tomlinson, Planning Director,
William M. Huber; Engineering and Building Director; Amy Amirani, Public Works
Director; Lt. Rick Star, Police Services
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
JOAN HOOD AND JIM PARKER, ASAP VOLUNTEERS, HONORED (610.40)
Lt. Rick Stahr, Council Member Gelff and Jeff Burton, representing Congressman
Darrell Issa, recognized Joan Hood and Jim Parker, Associated Seniors Action
Program (ASAP) Volunteers, for their contributions of 5,000 hours each of
service. Honors presented included Certificates of Appreciation and 5000 hour
service pins from the City of San Juan Capistrano and Certificates of Special
Congressional Recognition from Congressman Issa.
2. RUTH MCCORMICK, ASAP VOLUNTEER, HONORED (610.40)
Recently retired, Ruth McCormick, was honored by Lt. Rick Stahr for her 7 Y2
years and close to 3,000 hours of service as an Associated Senior Action
Program (ASAP) Volunteer. Stahr accepted the Certificate of Appreciation and
flowers on behalf of McCormick.
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3. DAVE FERGUSON, FORMER WATER ADVISORY COMMISSION MEMBER,
HONORED (110.30)
Dave Ferguson, former Water Advisory Commission member, representing the
Dana Point area, was presented with a plaque by Mayor pro tem Swerdlin.
Cindy Russell, Administrative Services Director, accepted the plaque on
Ferguson's behalf.
4. CVERGROS FAMILY AND AYSO HONORED FOR DONATION OF
AUTOMATIC EXTERNAL DEFIBRILLATORS TO THE CITY (610.40)
The Cvergros Family and Steve Barrett, representing American Youth Soccer
Organization (AYSO), were presented with Certificates of Appreciation by Mayor
pro tem Swerdlin for their donations of automatic external defibrillator (AED) to
the City of San Juan Capistrano.
5. INTRODUCTION OF COMMISSIONERS PRESENT (110.10)
Council Member Greiner introduced the following persons in attendance: Les
Blair, Liaison to Associated Seniors Action Program; Gil Jones, form Mayor; Billy
Sonka, Planning Commissioner; Angela Duzich-Rohde and Derek Reeve,
Transportation Commissioners; Marie Buckner and Joann de Guevara, Housing
Advisory Committee Members.
ORAL PRESENTATION
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT):
Gil Jones requested that the City become involved in cleaning platforms, sidewalks and
entry area to Los Rios District, that are in close proximity to the train depot.
Michael Thorpe, 26000 Avenida Aeropuerta, thanked Council for their involvement in
preventing trains from blocking the crossing at Avenida Aeropuerta.
Jerry Moody, 32802 Valle Road, #14, requested that the Council provide more time for
proposals to be submitted for ownership of the Capistrano Terrace Mobile Home Park.
He hoped the area would remain as affordable housing and supported a proposal
allowing for self -ownership.
Robin Triplett, 32802 Valle Road, #44, requested that Council wait before funding a
LINC housing proposal as the residents needed more time to make a decision.
David Triplett, 32802 Valle Road, #44, requested more time and information regarding
ownership proposals for the Capistrano Terrace Mobile Home Park. He had received
conflicting information and hoped the residents could purchase the park.
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Harry Miller, 32802 Valle Road, #38, was concerned with the haste and costs involved
with the LINC housing proposal for Capistrano Terrace Mobile Home Park.
David Wilson, 32802 Valle Road, #126, wanted to look at options other than the LINC
proposal for ownership of the Capistrano Terrace Mobile Home Park. He hoped for
self -ownership.
Jim Nanzig, 32802 Valle Road, #17, opposed the LINC housing plan that would
increase rent at the Capistrano Terrace Mobile Home Park. He asked to consider a
proposal that would allow for resident purchase of the park.
Patricia Grinnell, 26000 Avenida Aeropuerta, #24, felt there were more appropriate
terms than "retired" for individuals who have left the work force. She opposed
development of business parks in the City and felt that City leaders should reside in the
city.
Michael Kelley, 32802 Valle Road, asked for more time before the LINC housing
proposal was considered for the Capistrano Terrace Mobile Home Park, by the City
Council.
Lucienne Austin, 26000 Avenida Aeropuerta, suggested that city officials should live in
the City. She requested a list of City employees who lived outside of the city limits.
George Scarborough, City Manager, indicated that Council would consider the LINC
housing proposal in two to four weeks. At that time, Council could respond to concerns
regarding various proposals for ownership of the Capistrano Terrace Mobile Home
Park, as all residents would be invited to participate in the meeting.
John Shaw, City Attorney, said that California State Law prevented residency by
employees to be a job requirement. He commented on information that would be public
record.
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 and 3 through 9 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF JUNE 19, 2001 APPROVED
AS SUBMITTED
This item was pulled from the Consent Calendar to allow for Council Member
Bathgate to abstain from voting due to her absence at the June 19, 2001
meeting.
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ROLL CALL
AYES: Council Members Greiner, Gelff and Mayor pro tem Swerdlin
NOES: None
ABSTAINING: Council Member Bathgate
ABSENT: Mayor Hart
3. ACCOUNTS PAYABLE WARRANTS DATES JUNE 28, 2001 ($1,582,624.35)
RECEIVED AND FILED (300.30)
4. CASH BALANCES BY FUND FOR APRIL 30, 2001 REPORT RECEIVED AND
FILED (330.50)
5. STATUS OF NEW DEVELOPMENT APPLICATIONS REPORT RECEIVED AND
FILED (440.10)
6. FIRST AMENDMENT TO LICENSE AGREEMENT WITH LOVE LIVESTOCK
COMPANY APPROVED (600.30)
7. AMENDMENT TO AGREEMENT WITH J. L. PATTERSON AND ASSOCIATES
FOR DESIGN SERVICES FOR THE VEREDA BIKEWAY UNDERCROSSING
OF THE LOSSAN RAIL CORRIDOR IN THE AMOUNT OF $42,750 APPROVED
(CIP NO. 124) (J. L. PATTERSON AND ASSOCIATES) (600.30)
8. PLANS AND SPECIFICATIONS FOR THE EL CAMINO REAL/SPRING STREET
STORM DRAIN APPROVED; STAFF AUTHORIZED TO RECEIVE BIDS (CIP
NO. 145) (600.30)
9. HEALTH SERVICES AGREEMENT WITH THE COUNTY OF ORANGE
HEALTH CARE AGENCY COMMENCING JULY 1, 2001 APPROVED; MAYOR
AUTHORIZED TO EXECUTE AGREEMENT (600.50)
PUBLIC HEARINGS
1. AMENDMENT TO THE MUNICIPAL CODE RELATED TO COMMERCIAL
FILMING ACTIVITIES PUBLIC HEARING CONTINUED TO AUGUST 21, 2001
(585.95 )
Project Description: Introduction of an Ordinance regulating filming activities in
the City.
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Written Communication: Report dated July 17, 2001 from William Huber, Director
of Engineering and Building.
Oral Presentation: William Huber, Engineering and Building Director, requested
that the Public Hearing be continued to August 21, 2001 to allow for further
refinement of the proposed Ordinance.
Mayor pro tem Swerdlin opened the public hearing.
There being no response, requested a motion to continue the Public Hearing.
Council Action: Moved by Council Member Greiner, seconded by Council
Member Gelff and carried unanimously, 4-0, to continue the Public Hearing to
August 21, 2001.
RECESS AND RECONVENE
Council recessed at 7:59 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at
8:13 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
RESOLUTION 01-7-17-1 AMENDING THE MEMORANDUM OF
UNDERSTANDING WITH THE SAN JUAN CAPISTRANO CITY EMPLOYEES
ASSOCIATION (730.30)
Project Description: A proposal to increase salaries of San Juan Capistrano City
Employees Association Members by 3.8% for Fiscal Year 2001-02.
Written Communication: Report dated July 17, 2001 from George Scarborough,
City Manager.
Oral Presentation: None
Council Action: Moved by Council Member Greiner, seconded by Council
Member Bathgate, and carried unanimously, 4-0, to adopt RESOLUTION 01-7-
17-1entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5,
THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN
(JULY 1, 2000 TO JUNE 30, 2002 MEMORANDUM OF UNDERSTANDING
AMENDMENT — SAN JUAN CAPISTRANO CITY EMPLOYEES ASSOCIATION)
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PLANNING DIRECTOR
RESOLUTION NO. 01-7-17-2 ADOPTED INITIATING THE GENERAL PLAN
AMENDMENT PROCESS RELATED TO THE HOUSING ELEMENT (440.25)
Project Description: Proposed amendment,
Elements of the General Plan. Amendmerr
clarifying language by the California Depa
Development; consultant identified changes
Municipal Code; and a request by Capistrano
potential sites for school construction.
to the Land Use and Housing
5 are prompted by a request for
tment of Housing a Community
to provide consistency with the
Unified School District to consider
Written Communications: Report dated July 17, 2001 from Thomas Tomlinson,
Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, outlined proposed
changes.
Public Comment
Mark Neilson, 31621 Via Quixote, representing Citizens Against Uncontrolled
San Juan Expansion (CAUSE), requested more extensive changes to the Land
Use Element. He detailed the requested changes which included preservation of
rural and village community character; encouraging minimum, rather than
maximum density; limiting development in slope area; preserving major
ridgelines; discouraging strip commercial development; further definition of "very
low density;" maintain land as agriculture; further definition of light industrial uses;
maintaining the importance of equestrian uses; more open space designated in
the Crystal Cathedral Ministry's and Whispering Hills planned communities; and
a comprehensive preamble for the General Plan. He encouraged Council to
make the recommended changes as part of the current amendment process
being considered.
Council Action: Moved by Council Member Gelff, seconded by Council Member
Greiner and carried unanimously, 4-0, to adopt Resolution No. 01-7-17-2
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING THE GENERAL PLAN AMENDMENT
PROCESS RELATED TO CLARIFICATION LANGUAGE ON PARKING
STANDARDS AND PROVISIONS FOR THE HOMELESS WITHIN THE
HOUSING ELEMENT (GPA 01-01)" and directing staff to return to Council
initiation of the Land Use Element following consideration of issues presented by
the public.
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2. ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN APPROVED
AND TRANSMITTAL TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT AUTHORIZED (440.25)
Project Description: Review of Annual Report on Status of General Plan,
mandated by the California Department of Housing and Community
Development.
Written Communications: Report dated July 17, 2001 prepared by Thomas
Tomlinson, Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Gelff, seconded by Council Member
Greiner and carried unanimously, 4-0, to approve the Annual Report on the
Status of the General Plan and authorize transmittal of the document to the
California Department of Housing and Community Development.
3. FRAN JOSWICK THERAPEUTIC RIDING CENTER, 26284 OSO ROAD:
RESOLUTION NO. 01-7-17-3 ADOPTED, WAIVING PROCESSING OF
TENTATIVE PARCEL MAP, SUBJECT TO CONDITIONS; DEFERRING
DRAINAGE ACREAGE FEE REQUIREMENTS; AND CONFIRMING
ENVIRONMENTAL ADMINISTRATOR'S CATEGORICAL EXEMPTION (SHEA
PROPERTIES) (420.70)
Project Description: Shae Properties requested waiver of requirements for
processing a tentative parcel map and deferral of a drainage fee until building
permits for future improvement on the property. The purpose of the parcel map
is to transfer ownership of a parcel to the Fran Joswick Therapeutic Riding
Center as a donated gift to this non-profit organization.
Written Communications: Report dated July 17, 2001, prepared by Thomas
Tomlinson, Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, provided an overview
of the proposed project.
Public Comment
Karl Kohn, 2372 Kolima Bay, Dana Point, Director of the Fran Joswick
Therapeutic Riding Center, discussed the work and progress of the center. He
supported the staff recommendation.
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Dana Butler, 26284 Oso Road, Executive Director of the Fran Joswick
Therapeutic Riding Center, thanked the Council for their past support and asked
for Council's support of the Shea Properties request.
Council Action: Moved by Council Member Greiner, seconded by Council
Member Gelff and carried unanimously, 4-0, to adopt Resolution No. 01-7-17-3
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, WAIVING THE PROCESSING OF A TENTATIVE
PARCEL MAP IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9-
2.305 OF THE MUNICIPAL CODE AND DEFERRING OF PAYMENT OF
DRAINAGE FEE UNTIL ISSUANCE OF BUILDING PERMITS FOR AN 8.076
ACRES PARCEL LOCATED AT 26284 OSO ROAD (FRAN JOSW ICK
THERAPEUTIC RIDING CENTERISHEA PROPERTIES)
ENGINEERING AND BUILDING DIRECTOR
BUDGET AMENDMENT TO CIP 2001-02 IN THE AMOUNT OF $150,000
APPROVED; CHANGE ORDER NO. 1 WITH STEINY & CO. APPROVED; AND
DIRECTOR OF ENGINEERING TO EXECUTE CHANGE ORDER (CIP NO. 128)
(600.30)
Project Description: A Change Order related to installation of traffic signal at the
intersection of Del Obispo Street and Via Belardes.
Written Communications: Report dated July 17, 2001 prepared by William
Huber, Engineering and Building Director.
Oral Presentation: William Huber, Engineering and Building Director reviewed
the proposed action.
Council Action: Moved by Council Member Bathgate, Seconded by Council
Member Greiner and carried unanimously, 4-0, to approve a budget amendment
to the Capital Improvement Program 2001-02; approve Change Order No. 1 with
Steiny & Company; and Authorize the Director of Engineering to execute the
Change Order (CIP No. 128)
PUBLIC WORKS
1. FORMAL BID PROCESS WAIVED; PURCHASE OF ADA ACCESS
EQUIPMENT FROM ASCENSION IN THE AMOUNT OF $17,297 APPROVED
AND FUNDS APPROPRIATED FROM THE GENERAL FUND (600,10 )
Prosect Description: Purchase of specialized equipment to provide handicapped
access to the City Council Chamber facility.
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Written Communications: Report dated July 17, 2001 from Amy Amirani, Public
Works Director.
Oral Presentation: Amy Amirani, Public Works Director provided an overview of
the proposed project.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Gelff and carried unanimously, 4-0, to waive the formal bid process for
purchase of American Disabilities Act access equipment; purchase the
equipment from Ascension in the amount of $17,297; and appropriate the funds
from the General Fund.
ORDINANCES - None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
Mayor pro tem Swerdlin
Foothill Eastern Corridor (800.50): A toll rate increase has been initiated on the
Foothill Eastern Transportation Corridor.
San Joaquin Hills Transportation Corridor (800.50): A toll rate increase has been
initiated on the San Joaquin Hills Transportation Corridor.
Joint Powers Insurance Authority (170.30): Executive Board elections were
schedules for July 18, 2001.
Orange County Vector Control District: (560.50): The Vector of the Month is the
Asian Tiger Mosquito.
Council Member Bathgate
San Juan Basin Authority (1050.60) and Southeast Regional Reclamation
Authority (1040.60): The agency's first organization meeting was held.
COUNCIL COMMENTS - None
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ADJOURNMENT
There being no further business, Mayor pro tem Swerdlin adjourned the meeting at 8:40
p.m. to the Regular meeting, Tuesday, August 7, 2001, in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CITY CLERK
Adopted, August 21, 2001
ATTEST
WYATT �.. _ MAYOR
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