01-1016_CC_Minutes_Regular MeetingMINUTES
October 16, 2001
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85): (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
Capistrano, California, to order at 7:02 p.m. in the
Member Campbell led the Pledge of Allegiance to the
Hills Community Church, gave the Invocation.
ROLL CALL
Council of the City of San Juan
City Council Chamber. Council
Flag. Pastor Corey Melia, Ocean
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; Thomas Tomlinson, Planning Director; William M.
Huber, Engineering and Building Director; Al King Jr., Community Services Director; Lt.
Rick Stahr, Chief of Police Services; and Sue McCullough, Recording Secretary,
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
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; Mike Rosenberg,
Transportation Commission; and James Littlejohn, Executive Director of the Boys
& Girls Club.
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ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT):
Cecelia Arcy, 26452 Evergreen Road, thanked the City for continued support of the
Boys & Girls Club and told of the many opportunities made available through the Boys &
Girls Club that have contributed to her personal growth and success.
Pastor Robert Schwenk of the Community Presbyterian Church asked for City Council
assistance in meeting the City's requirements for opening a Head Start program at the
church. Council Member Gelff volunteered to provide assistance in coordination with
George Scarborough, City Manager.
CONSENT CALENDAR
Council Action: Moved by Council Member Campbell, seconded by Council Member
Gelff and carried unanimously, 5-0, to approve items 1 through 11 as recommended by
Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 18, 2001
APPROVED AS SUBMITTED.
3. RESOLUTION NO. 01-10-16-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE NON -MOTORIZED TRAILS PROGRAM UNDER THE SAFE
NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL
PROTECTION BOND ACT OF 2000 FOR VARIOUS IMPROVEMENTS TO THE
RECREATIONAL TRAIL SYSTEM." (930.10)
4. RESOLUTION NO. 01-10-16-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING `NO PARKING ANYTIME' AT INTERSECTIONS
ON MARINER DRIVE" (570.30)
5. ACCOUNT PAYABLE WARRANTS DATED SEPTEMBER 20, 2001 IN THE
AMOUNT OF $1,402,711.83 AND PAYROLL WARRANTS DATED
SEPTEMBER 25, 2001 IN THE AMOUNT OF $224,630.72 RECEIVED AND
FILED (300.30)
6. REQUEST FOR PROPOSAL PROCESS FOR CONTRACT SERVICES FOR
AFTER SCHOOL YOUTH AND TEEN RECREATION PROGRAMS WAIVED;
AGREEMENTS WITH BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC.,
AND CAMP FIRE BOYS AND GIRLS, ORANGE COUNTY COUNCIL, TO
PROVIDE AFTER SCHOOL RECREATION PROGRAMS FOR PERIOD OF
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OCTOBER 16, 2001 THROUGH JUNE 30, 2001 IN THE AMOUNT NOT TO
EXCEED $50,400 ANNUALLY APPROVED (BOYS & GIRLS CLUB OF
CAPISTRANO VALLEY, INC AND CAMP FIRE BOYS AND GIRLS, ORANGE
COUNTY COUNCIL) (600.30)
7. IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER
FACILITIES — CAMP COOKIE FOR CHILDREN, INC.; APPROVED; MAYOR
AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF CITY; AND
CITY CLERK DIRECTED TO PROCESS RECORDING OF AGREEMENT
(600.60)
8. STATUS OF NEW DEVELOPMENT APPLICATIONS REPORT RECEIVED AND
FILED (440.10)
9. RESOLUTION NO. 01-10-16-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING SUBMITTAL OF APPLICATION FOR GRANT
FUNDS PARK PLAYGROUND ACCESSIBILITY AND RECYCLING GRANT
PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER,
CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000"
(PROPOSITION 12) (810.601920.40)
10. ACQUISITION OF MICROSOFT OFFICE XP SOFTWARE FROM CMAS
APPROVED VENDOR, SOFTCHOICE CORPORATION APPROVED
(SOFTCHOICE) 370.301)
11. HISTORIC TOWN CENTER PARK RENTAL FEES REDUCED BY 75% FOR
THE FAMILY FAIR HOSTED BY PARA TODAS ON SATURDAY, NOVEMBER
3, 2001 (390.30)
PUBLIC HEARINGS:
1. PUBLIC HEARING REGARDING TENTATIVE TRACT MAP 16168; REZONE
01-08; AND FLOOD PLAIN LAND USE PERMIT FOR A PROPOSED
SUBDIVISION ADJACENT TO RANCHO DEL AVION MOBILE HOME PARK
AND VILLAGE ALIPAZ NEIGHBORHOOD CONTINUED TO NOVEMBER 6,
2001 (VILLAGE ALIPAZ, LLC) (420.401460.201550.10)
Pro'ect Description ' : The Public Hearing for this item was opened at the Council
meeting of September 18, 2001, continued to October 2, 2001, and continued to
this meeting.
Council Action: Mayor Hart invited public testimony. There being no response,
the following action was taken. Moved by Mayor Hart, seconded by Mayor pro
^' tem Swerdlin and passed unanimously, 5-0, to continue the public hearing to the
meeting of November 6, 2001.
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RECESS AND RECONVENE
Council recessed at 7:14 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and reconvened at 7:15 p.m.
ADMINISTRATIVE ITEMS
1 H. CITY MANAGER
a. CONTRACT WITH DDS TECHNOLOGIES TO UPDATE CITY WEB SITE
APPROVED CONTINUED TO THE MEETING OF NOVEMBER 6, 2001, AT THE
REQUEST OF THE CITY MANAGER (600.30)
George Scarborough, City Manager, requested continuation of the item to the
meeting of November 6, 2001, to allow time to respond to contract issues.
b. RESOLUTION NO. 01-10-16-04 ADOPTED OPPOSING EXPANSION OF JOHN
WAYNE AIRPORT AND CONSTRUCTION OF NEW AIRPORT AT EL TORO
(940.30)
Proiect Description: The EI Toro Reuse Planning Authority (ETRPA) recently
reaffirmed its longstanding policy opposing increased flights or expansion of John
Wayne Airport and its opposition to an airport at EI Toro. ETRPA has urged
other cities to adopt similar positions.
Written Communications: Report dated October 16, 2001 from Julia Silva,
Assistant City Manager.
Staff Report: Julia Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Discussion: Mayor pro tem Swerdlin recommended an amendment to
the resolution to include, "Be it further resolved that the City Council opposes the
airport at EI Toro."
Council Action: Moved by Council Member Campbell, seconded by Council
Member Gelff and carried unanimously, 5-0, to adopt Resolution No. 01-10-16-
04, as amended, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE EL
TORO REUSE PLANNING AUTHORITY'S OPPOSITION TO THE EXPANSION
OF JOHN WAYNE AIRPORT AND TO THE CONSTRUCTION OF A NEW
AIRPORT AT EL TORO."
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2H POLICE SERVICES
a. AGREEMENT WITH PEPPERDINE UNIVERSITY FOR PROVIDING
CONSULTING SERVICES/GANG PREVENTION PROGRAMS TO CITY IN
AMOUNT OF $27,720 FOR THE PERIOD OF OCTOBER 22, 2001 THROUGH
JUNE 20,2002; APPROVED (PEPPERDINE UNIVERSITY) (600.30)
Pro'ect Description: The City has contracted for gang prevention services since
1990. This item is consideration of contracting for these services with
Pepperdine University through the end of Fiscal Year 2001-2002.
Written Communications: Report dated October 16, 2001 from Lieutenant Rick
Stahr, Chief of Police Services.
Staff Report: Lieutenant Stahr, Chief of Police Services, reviewed the
recommendation and requested that Council also authorize the City Manager to
execute the contract. Council would receive quarterly program status reports.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Campbell and carried unanimously, 5-0, to approve the Personal
Services Agreement with Pepperdine University for providing Consulting
services/gang prevention for the period of October 22, 2001 through June 30,
2002, in the amount of $27,720; and authorize the City Manager to execute the
contract.
b. CONTRACT WITH DISTRICT PATROL SECURTEC TO PROVIDE
OVERNIGHT PARKING PERMIT ENFORCEMENT AT CAPISTRANO VILLAS
BETWEEN NOVEMBER 1, 2001 THROUGH JUNE 30, 2002, NOT TO EXCEED
$14,400 APPROVED (DISTRICT PATROL SECURTEC) (600.30)
Project Description: A Homeowner's Association overnight parking program has
been in effect for Capistrano Villas neighborhood since 1994. On August 21,
2001 Council approved issuance of a Request for Proposals for related parking
enforcement services. District Patrol Securtec has received staff's
recommendation as the contractor to provide these services.
Written Communications: Report dated October 16, 2001 from Lieutenant Rick
Stahr, Chief of Police Services.
Staff Report: Lieutenant Stahr, Chief of Police Services, reviewed the staff
recommendation and responded to Council questions. He reported that a
bilingual police officer would be on duty during the shift when Securtec provides
services. Therefore, it would be unlikely that these services would also be
needed from Securtec. Securtec has offered to provide bilingual staff, should the
need arise. Council will be provided quarterly status reports.
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Council Action: Moved by Council Member Campbell, seconded by Mayor pro
tem Swerdlin and carried unanimously, 5-0, to approve the Contract with District
Patrol Securtec to provide supplemental parking enforcement of an overnight
parking permit program in the Capistrano Villas neighborhood for the period
November 1, 2001 through June 30, 2002, not to exceed $14,400, including
printing costs for City citations not to exceed $1,100; and to authorize the City
Manager to execute the agreement.
3H PLANNING DIRECTOR
a. DRAFT ENVIRONMENTAL IMPACT REPORT REVIEW PERIOD FOR
WHISPERING HILLS SET TO CLOSE JANUARY 2, 2002. BASED ON FINDING
OF UNUSUAL CIRCUMSTANCES; AND HOME DEPOT COMMENT PERIOD
EXTENDED FOR A FULL SIXTY DAYS (410.20)
Project Description: The City received a request from Mark Neilsen, Co -Chair of
CAUSE, to delay releasing the Whispering Hills draft Environmental Impact
Report (EIR) for public review and comment. His request was related to
concerns that the public would not have adequate time to respond to two
controversial EIRs, Whispering Hills Estate and Home Depot, as the comment
periods significantly overlap.
Written Communications: Report dated October 16, 2001 from Thomas
Tomlinson, Planning Director; and correspondence of October 16, 2001, from
Mark Nielsen, Co -Chair, CAUSE.
Staff _ Report: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Public Comment:
Mark Nielsen, 31621 Via Quixote, co-chair of CAUSE, requested a 60 -day review
period for the Home Depot Draft EIR, to November 16, 2001 and a delay in
releasing the Whispering Hills Draft EIR. He cited issues related to the Home
Depot traffic analysis not being available on the City's web site and extents of the
EIR, requiring a great deal of time for review. Regarding the Whispering Hills
draft EIR, he suggested that a slope density formula alternative needed to be
added and that unusual circumstances existed due to release over the Holiday
Season of November and December.
Dennis Gage, Concorde Development, 19700 Fairchild Road #120, Irvine,
Managing Member of Whispering Hills, expressed a sense of urgency in project
processing and requested that the 60 day review period be upheld.
Dave Doomey, Assistant Superintendent Facilities Planning, Capistrano Unified
School District, 32972 Calle Perfecto, was interested in moving the project
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forward, feeling that a January 2, 2002 close of review period would work within
the school district's schedule.
Ed Richards, 31902 Paseo Sagrado, Co -Chair of CAUSE, asked that City
Council consider the 60 -day, plus, review period, for the Whispering Hills EIR,
because of the considerable amount of work to be done.
Council Action: Moved by Council Member Gelff, seconded by Mayor pro tem
Swerdlin and carried 4-0-1 to establish a public review period for the Whispering
Hills project up to and including January 2, 2002, based upon the finding that the
Holiday season presents unusual circumstances, justifying a comment period
extending beyond Christmas and New Year's Day; and to extend the Home
Depot comment period for a full sixty (60) days.
ROLL CALL
AYES: DIRECTORS
NOES: DIRECTORS:
ABSTAIN: DIRECTORS:
ORDINANCES: None
COUNCILMANIC ITEMS
Campbell, Hart, Swerdlin and Gelff
None
Bathgate
VACANCY DECLARED ON HOUSING ADVISORY COMMITTEE; CITY CLERK
DIRECTED TO POST NOTICES AND SOLICIT APPLICATIONS (110.40)
Written Communications: Report dated October 16, 2001 from Julia Silva,
Assistant City Manager.
Staff Report: Julia Silva, Assistant City Manager said that staff recommends that
the City Council take action to declare the vacancy created by the passing of
long-time committee member Mary Rose Winkler, and give direction to the City
Clerk to prepare and post public notices to solicit applications for this position.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member
Bathgate and carried unanimously, 5-0, to declare a vacancy on the Housing
Advisory Committee and give direction to the City Clerk to prepare and post the
appropriate public notices to solicit applications.
2. ORAL REPORTS OF OUTSIDE AGENCIES
Mayor pro tem Swerdlin
Foothill Eastern Corridor (800.50)
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San Joaquin Hills Transportation Corridor (800.50) Alternate Council Member Campbell
reported that unfortunately there is nothing to report and that it is devastating what is
happening on Ortega Highway, which is being used as a thoroughfare.
Orange County Vector Control District (560.50) The Vector of the Month is Bed Bugs
including a derivation called the Swallow Bug.
Council Member Gelff
Library Advisory Board (950.20) Funds from Proposition 14 are potentially available for
expanding our local library.
League of California Cities (140.20) Council Member Gelff was elected to the Orange
County Waste Management Commission.
COUNCIL COMMENTS
Mayor Hart said that the Orange County Waste Management strike was settled.
Mayor pro tem Swerdlin attended a Joint Powers Insurance Authority Risk Management
Seminar with Cynthia Russell and Julia Silva. Mayor pro tem Swerdlin asked
Lieutenant Stahr about gang enforcement activities. Lieutenant Stahr reviewed the
status of gang suppression efforts.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:03 p.m. to a
special meeting on Tuesday, October 30, 2001, at 4:00 p.m. to a lot adjacent to the
Recreational Vehicle Storage Yard, 31771 Paseo Adelanto; and then to a Study
Session on November 6, 2001, at 5:30 p.m. in the City Council Chamber.
Respectfully su i
M RH
R. MONAHAN, CITY CLERK
Adopted: November 20, 2001
ATTEST
MOM
400W
1.
HART,O-
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