01-0807_CC_Minutes_Regular MeetingMINUTES
AUGUST 7, 2001
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85)
Council met in a Closed Session at 5:30 p.m. for the following purposes authorized by
statute:
a. Pursuant to Government Code section 54956.9 (b) (1) the City Council met with
its legal counsel regarding one matter.
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 7:02 p.m. in the City Council Chamber. Council
Member Swerdlin led the Pledge of Allegiance to the Flag. Pastor Brian Wood, Calvary
Chapel of San Juan Capistrano, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, John S. Gelff, Mayor pro tem David
Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: None
{John Greiner, former Council Member, resigned July 31, 2001.)
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 Stahr, Police Services, and Sue McCullough, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
1. LONG TERM EMPLOYEES HARRISON AND HARRIS RECOGNIZED (730.90)
Diane Harrison, Executive Secretary, was recognized for her 15 years of service
to the City by George Scarborough, City Manager. Mayor Hart presented
Harrison with a plaque.
Craig Harris, Assistant Engineer, was recognized for his 10 years of service to
the City by Amy Amirani, Public Works Director. Mayor Hart presented Harris
with a plaque.
CC Minutes 1 8/7/01
CITY RECOGNIZED FOR EXCELLENCE IN FINANCIAL REPORTING FOR
FISCAL YEAR 1999-2000 (Government Finance Officer Association) (California
Society of Municipal Finance Officer) (610.40)
A Certificate of Achievement for Excellence in Financial Reports awarded by the
Government Finance Officers Associates and a Certificate of Award for
Outstanding Financial Reporting awarded by the California Society of Municipal
Officers were presented to Mayor Hart by Cynthia Russell, Administrative
Services Director. Mayor Hart credited Cynthia Russell for her contribution
toward achieving the rewards.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following persons in attendance: Marie
Buckner and Joann de Guevara, Housing Advisory Committee Members; Jan
Steel, Cultural Heritage; Bill Sonka and Mike Eggers, Planning Commissioners;
Angela Duzich-Rohde and Derek Reeve, Transportation Commissioners; Gil
Jones, former Mayor, and his wife Millie Jones; and James Littlejohn, Executive
Director of the Boys and Girls Club.
Lt. Stahr introduced Seargent Michael Toledo, newly employed to serve San
Juan Capistrano.
ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY/WATER DISTRICT):
Julia Emerson, 27126 Paseo Espanada, #1621, Orange County Regional Director
representing State Senator Bill Morrow, introduced herself.
Michael Thorpe, 26000 Avenida Aeropuerta, complimented the City on the annual
fireworks show; requested that a City ordinance state that each Council Member be a
full-time resident; and that the successor to the vacant Council seat should be one of
the candidates who ran for office November, 2000.
Mark Nielsen, 3162 Via Quixote, commented regarding Consent Calendar item D-14,
stating that purchasing used office furniture would realize a significant savings over the
proposed $33,000 for new furniture.
George Yetton, 38831 Camino Capistrano, requested assistance from Council
regarding an unpaved road behind the mobile homes.
Donald E. Richardson, 33831 Camino Capistrano, #25, regarding the unpaved road,
expressed health and safety concerns related to dust and a railroad crossing.
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James Littlejohn, Executive Director of the Boys and Girls Club, 27862 Aqua Marine,
Mission Viejo, thanked Council for financial support on behalf of the Boys and Girls Club
and provided a program update.
Mayor Hart requested that Consent Calendar item D-14 be removed from the agenda
for further staff study and that staff to follow up concerning the unpaved road issues.
CONSENT CALENDAR
Council Action: Moved by Council Member Gelff, seconded by Council Member
Bathgate and carried unanimously, 4-0, to approve Consent Calendar Items 1 through
13 as recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE ADJOURNED REGULAR MEETING OF JUNE 30, 2001,
AND THE REGULAR MEETING OF JULY 3, 2001, APPROVED AS
SUBMITTED
3. ACCOUNTS PAYABLE WARRANTS DATED JULY 12, 2001, AND PAYROLL
WARRANTS DATED JULY 5, 2001, RECEIVED AND FILED (300.30)
4. CASH BALANCES BY FUND FOR MAY 31, 2001 RECEIVED AND FILED
(330.50)
5. ANNUAL REVIEW OF INVESTMENT POLICY APPROVED; CITY CLERK
DIRECTED TO FORWARD TO CALIFORNIA DEBT AND INVESTMENT
ADVISORY COMMISSION (350.30)
6. RESOLUTION NO. 01-8-7-1 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM
TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL
YEAR 2001/2002 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A
TAX IN THE CITY OF SAN JUAN CAPISTRANO" ADOPTED; CITY CLERK TO
FORWARD CERTIFIED COPY TO THE ORANGE COUNTY ASSESSOR AND
ORANGE COUNTY AUDITOR/CONTROLLER FOR INCLUSION ON 2001-2002
TAX ROLLS (390.80)
7. RECOMMENDATION OF INSURANCE ADJUSTER ACCEPTED; CLAIMS OF
JEFFREY FOX AND DAVID SALAZAR DENIED (170.70)
8. RESOLUTION NO. 01-8-7-2 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETE AS TO PLANS AND
SPECIFICATIONS FOR THE CONGDON HOUSE RENOVATION PROJECT"
CC Minutes 3 817101
ADOPTED; RELEASE OF RETENTION THIRTY-FIVE DAYS AFTER
RECORDING OF NOTICE OF COMPLETION AUTHORIZED (600.30)
(Christopher Construction)
9. REPORT OF INVESTMENTS, MONTH ENDING JUNE 30, 2001 RECEIVED
AND FILED; CITY CLERK TO FORWARD TO CALIFORNIA DEBT AND
INVESTMENT ADVISORY COMMISSION (350.30)
10. RESOLUTION NO. 01-8-7-3 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR ALIPAZ STREET RIGHT TURN LANE AT VIA
POSITIVA (EXCEL PAVING COMPANY)" ADOPTED; CITY CLERK DIRECTED
TO RECORD NOTICE OF COMPLETION; RELEASE OF RETENTION THIRTY-
FIVE DAYS AFTER RECORDING OF NOTICE OF COMPLETION
AUTHORIZED (EXCEL PAVING COMPANY) (CIP NO. 455) (600.30)
11. CHANGE ORDER NO. 1 FOR DOWNTOWN LIGHTING PHASE III PROJECT
APPROVED; RESOLUTION NO. 01-8-7-4 ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR DOWNTOWN LIGHTING PHASE III (BENERGY)"
ADOPTED; CITY CLERK DIRECTED TO RECORD NOTICE OF COMPLETION;
AND RELEASE OF RETENTION THIRTY-FIVE DAYS AFTER RECORDING OF
NOTICE OF COMPLETION AUTHORIZED (BENERGY INC.) (CIP NO. 118)
(600.30)
12. CONTRACT CHANGE ORDER NO. 1 APPROVED; RESOLUTION NO. 01-8-7-5
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR LA NOVIAILA RONDA DRAIN
AND STEEPLECHASE DRIVE CATCH BASIN RELOCATION PROJECTS (J &
C UNDERGROUND)" ADOPTED; CITY CLERK DIRECTED TO RECORD
NOTICE OF COMPLETION; AND RELEASE OF RETENTION THIRTY-FIVE
DAYS AFTER RECORDING OF NOTICE OF COMPLETION AUTHORIZED (J &
C UNDERGROUND) (CIP NO. 129 & 128) (600.30)
13. RESOLUTION NO. 01-8-7-6 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
OFFERING AN EASEMENT FOR UNDERGROUND UTILITY PURPOSES TO
SAN DIEGO GAS AND ELECTRIC COMPANY WITHIN ASSESSOR'S
PARCEL NO. 121-050-21 (SOUTHERN PORTION OF THE NORTH OPEN
SPACE LANDS/PEARL WILLIAMS PROPERTY)" ADOPTED; MAYOR
AUTHORIZED TO EXECUTE RESOLUTION AND EASEMENT; CITY CLERK
DIRECTED TO FORWARD EASEMENT TO SAN DIEGO GAS AND ELECTRIC
CC Minutes 4 817101
FOR RECORDING (APN121-050-21)(NORTHWEST CORNER, CAMINO
CAPISTRANOMUNIPERO SERRA ROAD) (670.50):
14. CONSIDERATION OF APPROVAL OF PURCHASE OF OFFICE FURNITURE
FOR PUBLIC WORKS DEPARTMENT (BKM TOTAL OFFICE OF CALIFORNIA)
(600.30):
This item was removed from the Agenda for further staff study.
PUBLIC HEARINGS
1. RESOLUTION NO. 01-8-7-7 CONFIRMING THE 2001 WEED ABATEMENT
PROGRAM COST REPORT FOR ASSESSMENT TO COUNTY TAX ROLL
(540.70)
Written Communication: Report dated August 7, 2001 from Amy Amirani,
Director of Public Works.
Oral Presentation: Amy Amirani, Director of Public Works, reviewed the staff
recommendation
Mayor Hart opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Swerdlin and carried unanimously to adopt RESOLUTION NO. 01-8-7-7
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTED THE CONFIRMING COST REPORT
AND AUTHORIZE THAT THE WEED ABATEMENT CHARGES BE ASSESSED
TO THE INDIVIDUAL PROPERTIES FOR 2001 BY SUBMITTAL TO THE
ORANGE COUNTY AUDITOR -CONTROLLER."
2. RESOLUTION NO. 01-8-7-8 CERTIFYING A NEGATIVE DECLARATION AND
APPROVING TENTATIVE PARCEL MAP 2001-143 SUBJECT TO
CONDITIONS; ORDINANCE APPROVING AMENDMENT TO
COMPREHENSIVE DEVELOPMENT PLAN 81-02 INTRODUCED (GLENDALE
FEDERAL PLANNED COMMUNITY) (VISTA VERDE ESTATES) (TPM 2001-
143) (RZ 81 -0 7) (APN 666-321-002) (420.701460.20)
Applicant: Trend Maker Development Inc.
Written Communication: Report dated August 7, 2001 from Thomas Tomlinson,
Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation
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Mayor Hart opened the public hearing and there being no response, closed the
public hearing.
Meg Monahan, City Clerk, read the title of the Ordinance entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
APPROVING REZONE 01-07, AN AMENDMENT TO COMPREHENSIVE
DEVELOPMENT PLAN 81-02, PERMITTING A FOUR (4) LOT TENTATIVE
PARCEL MAP (TPM) FOR A 30,300 SQUARE FOOT PARCEL LOCATED SOUTH
OF SAN JUAN CREEK ROAD, APPROXIMATELY 445 FEET WEST OF LA NOVIA"
Council Action: Moved by Council Member Gelff, seconded by Council Member
Bathgate and carried unanimously to adopt RESOLUTION NO. 01-8-7-8 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION AND
APPROVING TENTATIVE PARCEL MAP 2001-143 SUBJECT TO
CONDITIONS, AND INTRODUCING AN ORDINANCE APPROVING AN
AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-02,
ADDING A NEWLY CREATED PLANNING AREA "G", WITH A SINGLE-FAMILY
RESIDENTIAL (SF) DESIGNATION" and introduction of an Ordinance related to
Rezone 01-07, amending Comprehensive Development Plan 81-02 approved.
3. 2000/2001 STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK
GRANT GRANTEE PERFORMANCE REPORT APPROVED (99-STBG-1379)
(480.20) (CONTINUED FROM JUNE 19, 2001)
Written Communication: Report dated August 7, 2001 from Thomas Tomlinson,
Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation
Mayor Hart opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Gelff and carried unanimously approve the 2000/201 State of California
Community Development Block Grant Grantee Performance Report.
RECESS AND RECONVENE
Council recessed at 7:42 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at
8:57 p.m.
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ADMINISTRATIVE ITEMS
PLANNING DIRECTOR
RESOLUTION NO. 01-8-7-9 APPROVING THE FENCENVALL DESIGN FOR
THE COMMON BOUNDARY BETWEEN VILLAGE ALIPAZ AND THE RANCHO
DEL AVION MOBILE HOME PARK AND AUTHORIZING EXECUTION OF
LICENSE AGREEMENT RELATED TO A PLANTER WALL (KB HOMES)
(420.4W600.30)
Applicant: KB Homes, Coastal Inc.
Proiect Description: Proposal by applicant to modify previously approved
wall/fence treatment and installation of a planter wall, requiring a license
agreement.
Written Communication: Report dated August 7, 2001, from Thomas Tomlinson,
Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
-- Phil Schwartz, 31682 EI Camino Real, representing the applicant, clarified to
location and materials of the proposed improvements.
Council Action: Moved by Mayor Hart, seconded by Council Member Swerdlin
and carried unanimously to adopt RESOLUTION NO. 01-8-7-9 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE REVISED FENCENVALL
DESIGN FOR THE COMMON BOUNDARY BETWEEN VILLAGE ALIPAZ AND
THE RANCHO DEL AVION MOBILE HOME PARK; AND, AUTHORIZING
EXECUTION OF A LICENSE AGREEMENT TO PERMIT A MAXIMUM TWO
FOOT HIGH PLANTER WALL WITHIN THE PUBLIC RIGHT-OF-WAY OF
ALIPAZ STREET (KB HOMES)."
2. RESOLUTION NO. 01-8-7-10 INITIATING PROCESS TO AMEND THE LAND
USE POLICY RELATED TO MINOR MODIFICATIONS AND DESIGNATION OF
POTENTIAL SCHOOL SITES; RESOLUTION NO. 01-8-7-11 INITIATING
SEPARATE PROCESS TO AMEND THE LAND USE POLICY RELATED TO
TEXT MODIFICATIONS 040.25 )
Proiect Description: Consideration of initiating Amendments to the Land Use
Element of the City's General Plan.
Written Communication: Report dated August 7, 2001, from Thomas Tomlinson,
Planning Director.
CC Minutes 7 8/7/01
Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Mark Nielson, 31621 Via Quixote, requested that the two proposed amendment
processed be considered as one amendment process.
Council Action: Moved by Council Member Bathgate, seconded by Mayor pro
tem Swerdlin and carried unanimously to adopt RESOLUTION NO. 01-8-7-10
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT PROCESS FOR
CONSIDERING MODIFICATIONS TO THE LAND USE POLICY MAP AS IT
RELATES TO MINOR MODIFICATIONS TO INDIVIDUAL PARCEL
DESIGNATIONS AND THE DESIGNATION OF TWO POTENTIAL FUTURE
SCHOOL SITES (GPA 01-02)" AND RESOLUTION NO 01-8-7-11 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT
PROCESS RELATED TO TEXT MODIFICATIONS TO THE LAND USE
ELEMENT (GPA 01-03)"
ORDINANCES — None
COUNCILMANIC ITEMS
COUNCIL MEMBER GELFF SELECTED AS VOTING DELEGATE, MAYOR
PRO TEM SWERDLIN AS ALTERNATE VOTING DELEGATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (140.20)
Description: City Council approval of a voting delegate and alternate voting
delegate is required for the League of California Cities annual conference is
scheduled for September 12 through 15, 2001.
Written Communications: Report dated August 7, 2001 from Meg Monahan, City
Clerk.
Oral Presentation: None
Council Action: Moved by Council Member Bathgate, seconded by Mayor Hart
and carried unanimously, 4-0, to select Council Member Gelff as voting delegate
and Mayor pro tem Swerdlin as alternate voting delegate representing the City at
the League of California Cities annual Conference, September 2001.
2. CONSIDERATION OF APPOINTMENT AND RELATED ALTERNATIVES TO
FILLING COUNCIL VACANCY (610.50) (CONTINUED TO THE SPECIAL
MEETING OF AUGUST 16, 2001)
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Mayor Hart recommended that this item be removed from the agenda and
considered as an agenda item at the Council meeting scheduled for August 21,
2001, to allow Council Members time to consider the various options and
procedures available for filling the City Council seat vacated by Council Member
Greiner's resignation on July 31, 2001.
Mayor pro tem Swerdlin expressed concern regarding time delay in addressing
this issue and desired that Council follow a process open to the public for filling
the seat.
Moved by Mayor pro tem Swerdlin to call for applications, due in 10 days, and
consider the applications at a Special Meeting on August 28, 2001 for the
purpose of filling the vacant Council seat until a Special Election scheduled for
November 2002. The motion failed, lacking a second.
Council Member Bathgate felt that additional time was needed to gather more
information. She welcomed letters from the public.
Council Action: Moved by Mayor Hart, seconded by Council Member Bathgate
and carried 3-1-0 to remove Item J-2 from the agenda to be considered at the
Regular Meeting of the Council on August 21, 2001.
ROLL CALL
AYES: Council Members Bathgate and Gelff and Mayor Hart
NOES: Mayor pro tem Swerdlin
ABSTAINING: None
ABSENT: None
(This action was later superceded by calling a Special Meeting for August 16,
2001)
3. Oral Reports of Outside Agencies
Mayor pro tem Swerdlin
a
Lei
C.
Foothill Eastern Transportation Corridor (800.50) and,
San Joaquin Hills Transportation Corridor (800.50)
Council Member Bathgate was sworn -in as alternate to the Foothill
Eastern Transportation Corridor Agency and Mayor pro tem Swerdlin had
the opportunity to view the toll roads from a helicopter.
Joint Powers Insurance Authority (170.30)
CC Minutes 9 817101
Mayor pro tem Swerdlin was elected to the Board of Directors, receiving
49 of 54 available votes.
d. Orange County Vector Control District (560.50)
Mayor pro tem Swerdlin reported that the Asian Tiger Mosquito had been
designated Vector of the Month.
COUNCIL COMMENTS
Council Members remarked regarding former Council Member Greiner's valuable
contributions to the community and honorable decision to resign from office.
Council Member Gelff announced that he and Administrative Services Director Russell
had received training and certification in use of the external defibrillator.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 9:25 p.m. to the
Regular meeting, Tuesday, August 21, 2001, at 5:00 p.m. in the City Council Chamber.
Respectfully sub
MAP,G]ARET R. MONAHAN, CITY CLERK
Adopted: September 4, 2001
ATTEST
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WYA ART, MAYOR
CC Minutes 10 817101