01-1002_CC_Minutes_Regular MeetingMINUTES
October 2, 2001
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85):
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code sub -sections 54956.9 (b)(1) and (c), the City
Council conferred 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 7:05 p.m. in the City Council Chamber. Council
Member Gelff 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, Collene Campbell, John S. Gelff,
Mayor pro tem David Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director;
Eric Bauman, Senior Engineer; Lt. Rick Stahr, Chief of Police Services; and Sue
McCullough, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSIONS ACTIONS — None
INTRODUCTIONS PRESENTATIONS AND DONATIONS
LONG TERM EMPLOYEES CAMACHO AND DUCOING RECOGNIZED FOR
25 YEARS OF SERVICE(730.90)
Juan Camacho, Senior Maintenance Worker, was recognized for his 25 years of
service to the City by Julia Silva, Assistant City Manager. Mayor Hart presented
Camacho with a plaque.
Cathy Ducoing, Engineering Technician, was recognized for her 25 years of
service to the City by William M. Huber, Engineering and Building Director.
Mayor Hart presented Ducoing with a plaque.
City Council Minutes 1 10-02-01
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following persons in attendance, Joann
de Guevara and Marie Buckner, Housing Advisory Committee; Don Tryon,
Cultural Heritage Commission; Derek Reeve, Transportation Commission; June
Simmons; Bill Hardy, former Los Rios Review Committee Member; Jeff Vasquez,
former Council Member; Gil Jones, former Council Member, and his wife Millie
Jones.
3. PROCLAMATION: FIRE PREVENTION WEEK OCTOBER 7 THROUGH 13,
2001(610.40)
Mayor Hart requested Council's consideration to add a proclamation for Fire
Prevention Week to the agenda as the event precedes the next regular Council
meeting.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Gelff and carried unanimously, 5-0, to add item 3 to the agenda.
Mayor Hart proclaimed the week of October 7 through 13, 2001 as Fire
Prevention Week and announced an Open House Saturday, October 13, 2001.
Battalion Chief Gene Bugness thanked the City Council on behalf of the Board of
Directors of the Orange County Fire Authority and invited all to the Open House
at Fire Station #7 on Del Obispo on October 13, 2001.
ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT):
Mark Nielson, 31621 Via Quixote, requested postponement of the release of Whispering
Hills Draft Environmental Impact Report (EIR) until after the November 2, 2001, closing
date for public responses for the Home Depot EIR. He felt that there was not sufficient
time for the public to respond to both reports within the response time allotted. Nielson
requested Council discussion of Consent Calendar Item 8 related to widening of Ortega
Highway.
George Scarborough, City Manager, indicated that staff would prepare an analysis
related to the timing of the Whispering Hills Draft Environmental Impact Report for the
October 16, 2001 meeting.
CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Council Member
Gelff and carried unanimously, 5-0, to approve items 1 through 7, 9 and 10 as
recommended by Staff.
City Council Minutes 2 10-02-01
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 4, 2001
APPROVED AS SUBMITTED.
3. WARRANTS DATED SEPTEMBER 6, 2001 IN THE AMOUNT OF
$1,757,688.24, AND PAYROLL WARRANTS DATED SEPTEMBER 13, 2001,
IN THE AMOUNT OF $262,774.79 RECEIVED AND FILED (300.30)
4. REPORT OF INVESTMENTS, MONTH ENDING AUGUST 31, 2001 RECEIVED
AND FILED (350.30)
5, PLANS AND SPECIFICATIONS FOR CITY SEWER EXTENSION, CAMINO
CAPISTRANO (CARE) APPROVED; AND STAFF AUTHORIZED TO RECEIVE
BIDS (CIP NO. 721) (600.30)
6. CONTRACT CHANGE ORDER #1 IN THE AMOUNT OF $8,093.06
APPROVED; RESOLUTION NO. 01-10-02-01 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 THE REHABILITATION OF DEL OBISPO STREET,
ALIPAZ STREET TO CAMINO CAPISTRANO (EXCEL PAVING COMPANY);"
CITY CLERK DIRECTED TO PROCESS THE RECORDING OF PROJECT
NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE 10%
RETENTION, IN AMOUNT OF $16,146.13, 35 DAYS FOLLOWING
RECORDATION (EXCEL PAVING COMPANY) (CIP NO. 111) (600.30)
7. RESOLUTION NO. 01-10-02-02 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 ACU CANYON PARK TURF REHABILITATION
PROJECT" (SOTO COMPANY) (600.30)
8. AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT NO. C-95-989
COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING
AGREEMENT BETWEEN ORANGE COUNTY TRANSPORTATION
AUTHORITY (OCTA) AND THE CITY APPROVED (600.50)
Proiect Description: This is consideration of an amendment (No. 4) to a
Cooperative Agreement with the OCTA.
Written Communications: Report dated October 2, 2001, prepared by William M.
Huber, Director of Engineering and Building.
Oral Presentation: William M. Huber, Director of Engineering and Building,
reported that staff had issued a written request to OCTA to have the Ortega
City Council Minutes 3 10-02-01
Widening project withdrawn from the Master Funding Agreement. OCTA was in
the process of considering this request, which will meet the Board level later this
year. The Ortega Widening project must remain in the Master Funding
Agreements until there is official action to remove the project. The City secured
$2.5 million, 50% of estimated design costs for an Ortega interchange, Measure
M funds and is seeking additional funding through other sources; a process
expected to take several years. Council's vote to approve Amendment No. 4
does not commit the City to future projects, but if Council does not support the
amendment, funding for other projects that benefit the City could not be
processed.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro
tem Swerdlin and carried unanimously, 5-0, to approve Amendment No. 4 to the
Cooperative Agreement No. C-95-989 Combined Transportation Funding
Programs Master Funding Agreement between Orange County Transportation
Authority and the City of San Juan Capistrano; and, direct Staff to communicate
the Council's opposition of the Ortega Highway widening project to the OCTA
Board.
9. FORMAL BIDDING PROCEDURES FOR ACQUISITION OF COMPUTER
NETWORK EQUIPMENT WAIVED PURSUANT TO SECTION 3-4.305(G)(4);
AND ACQUISITION OF REFURBISHED 100 BASE CISCO SWITCH FROM
NATIONAL HARDWARE RESALE AUTHORIZED (NATIONAL HARDWARE
RESALE) (380.40)
10. STATUS REPORT ON THE RED GUM LERP PSYLLID INFESTATION
RECEIVED AND FILED (410.90)
PUBLIC HEARINGS:
1. PUBLIC HEARING RELATED TO TENTATIVE TRACT MAP 16168; REZONE
01-08; AND FLOODPLAIN LAND USE PERMIT FOR A PROPOSED
SUBDIVISION ADJACENT TO RANCHO DEL AVION MOBILE HOME PARK
AND VILLAGE ALIPAZ NEIGHBORHOOD CONTINUED TO OCTOBER 16,
2001(VI LLAGE ALI PAZ, LLC) (420.401460.201550.10)
Project Description: The Public Hearing for this item was opened at the Council
meeting of September 18, 2001, and continued to this meeting.
Council Action: Mayor Hart invited public testimony. There being no response,
continued the Public Hearing to October 16, 2001, as noticed.
RECESS AND RECONVENE
City Council Minutes 4 10-02-01
Council recessed at 7:30 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 7:47 p.m.
ADMINISTRATIVE ITEMS
H1. CITY ATTORNEY
a. ROBERTS RULES OF ORDER (610.30)
Description: Mayor pro tem Swerdlin had requested that Staff research and
report on the application of Roberts Rules of Order to City Council Meetings.
Written Communications: Report dated October 2, 2001, prepared by John
Shaw, City Attorney. Council Members received a Memo prepared by Mayor pro
tem Swerdlin, noted here by reference.
Oral Presentation: Mayor pro tem Swerdlin suggested a proposal for new
procedures that could apply to meetings.
Council Members discussed meeting procedures and concurred that current
meeting procedures should remain in effect.
Council Action: No action was taken.
H2. ENGINEERING AND BUILDING DIRECTOR
a. RESOLUTION NO. 01-10-02-03 APPROVING PARKING RESTRICTIONS ON
PASEO ADELANTO BETWEEN DEL OBISPO STREET AND RAMOS STREET
AS MODIFIED AND RETURN ITEM FOR COUNCIL REVIEW IN ONE YEAR
(570.30)
This item was considered in combination with Item 1-12b.
Description: This is a proposal to consider parking restrictions on Paseo
Adelanto between Del Obispo Street and Ramos Street. Proposed interim "No
Parking Anytime" signage would be placed at the following locations on Paseo
Adelanto 1) West side of from Del Obispo Street to Ramos Street; 2) East side
from Del Obispo Street north 180 feet; 3) East side from a point 296 feet north of
Del Obispo Street, then north 107 feet; 4) East side from a point 526 feet north of
Del Obispo Street, then north 218 feet; 5) East side from a point 829 feet north of
Del Obispo Street, then north 85 feet; 6) East side from a point 1207 feet north of
Del Obispo Street, then north 102 feet; and 7) East side from a point 1375 feet
north of Del Obispo Street, then north 265 feet to Ramos Street.
City Council Minutes 5 10-02-01
Written Communications: Report dated October 2, 2001, prepared by William
Huber, Engineering and Building Director; correspondence dated September 29,
2001 from Braven, Doug and Sheree Ito; and correspondence dated August 8,
2001 from Steve Rios.
Oral Presentation: William M. Huber, Engineering and Building Director,
presented the staff recommendation and responded to Council Members'
questions indicating that landscaping would not be funded as part of the project
at this time.
Public Comment:
Bill Hardy, 26523 Calle Lorenzo, concurred with staff recommendation and with
Steve Rios letter of August 8, 2001.
Don Tryon, 27539 Paseo Mimosa, supported painting curbs red on both sides of
Los Rios Street at Paseo Adelanto due to line -of -sight problems. He concurred
with the need for more parking in the Los Rios area.
Jeff Vasquez, 31891 Los Rios Street, felt parking spaces should not be
eliminated on Los Rios Street and suggested creating more parking at the end of
the street.
Sheree Ito, 31825 Los Rios Street, asked that the City not allow parking on
Paseo Adelanto as it would negatively affect their business.
Claudia Nikola, 31721 Los Rios, (owner of the Tea House at 31731 Los Rios)
stressed the need to aesthetically maintain and preserve this historical area. She
opposed the existing chain-link barbed wire fencing at the Recreational Vehicle
(RV) storage lot. Removal of trees would negatively impact the area.
Allan Nikola, 31721 Los Rios, requested a landscape buffer between the
Victorian property and storage, preferring a parking area to RV parking behind
the Victorian Building.
Francie Kennedy, 26632 Ramos, felt that the parking structure at the entrance to
the Los Rios District was underutilized. She expressed concern about the impact
of changes to the area and felt improvements should be sensitive to the rural
surroundings. She noted that the RV parking lot was a legal, non -conforming
use and inquired into the impact on this status if additional changes were
proposed. She asked that Council consider the Trulis property, now that it is
available.
Steve Rios, 31781 Los Rios Street, asked that Council consider the need for off-
site parking by homeowners. Parking within the proposed lot could assist with
resident off-site parking needs. He indicated preference for a landscaped chain -
City Council Minutes 6 10-02-01
link fence, rather than a solid wood fence along the perimeter of his property, and
compacted, decomposed granite (DG) as a parking lot surface. He suggested
that a wood fence could be used as a buffer to benefit another area. He was
comfortable with the RV lot use as there is little impact on his property.
Council Comment:
Council Member Campbell suggested that the City should facilitate efforts that
area residents have made to retain the rural nature of the area. She
recommended that Council and the public meet on-site at the proposed parking
lot to look at ways to accomplish this.
Council Members concurred with an on-site meeting.
Council Member Bathgate felt that areas of concern included buffering, fencing
and paving materials, the status of the non -conforming use, landscaping and
removal of trees.
Mayor pro tem Swerdlin suggested that access between the Los Rios parking lot
and the Nikola parking lot should be investigated, as well as buffering between
the properties.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Campbell, and carried unanimously, 5-0, to adopt Resolution No. 01-
10-02-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING 'NO PARKING
ANYTIME' ON PASEO ADELANTO BETWEEN DEL OBISPO STREET AND
RAMOS STREET" as amended to a increase site distances at intersections; and
return item to Council in one year for review.
b. LOS RIOS HISTORIC DISTRICT PARKING LOT CONCEPT DISCUSSED;
FIELD TRIP TO BE SCHEDULED (570.70)
See item H2a, above, public and Council comments.
Description: This is a proposed parking lot design for construction on Community
Redevelopment Agency owned property in the Los Rios Historic District. KHR
Associates prepared the parking lot design.
Written Communications: Report dated October 2, 2001, prepared by William
Huber, Engineering and Building Director.
Oral Presentation: William Huber, Engineering and Building Director, reviewed
the concept plans.
City Council Minutes 7 10-02-01
Council Action: No action taken. Staff to make arrangements for an on-site
public meeting.
ORDINANCES: None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
Mayor pro tem Swerdlin
a. Joint Powers Insurance Authority (170.30): Mayor pro tem Swerdlin
reported that he planned to attend a Risk Management conference on
October 10 and 11, 2001.
Council Member Campbell
b. Associated Seniors Action Program (ASAP) (595.60): Council Member
Campbell recognized the continued commitment of volunteers assisting
the City.
Unassigned
C. Orange County Waste Management Commission (810.10): Council
Member Gelff reported that he has made application to Commission
through the League of Cities.
2. COUNCIL COMMENTS
Mayor pro tem Swerdlin suggested that staff investigate additional qualified
consultants to provide future services related to domestic water debt financing
and financial advising.
City Council Minutes 8 10-02-01
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 9:02 p.m. to a
Regular meeting, Tuesday, October 16, 2001, in the City Council Chamber.
Respectfully sub it d
A UA
�77
T R. MONAHAN, CITY CLERK
Adopted: November 6, 2001
ATTEST
mei
� "Ik
WYATT JRT, MAYOR
City Council Minutes 9 10-02-01