02-0115_CC_Minutes_Regular MeetingMINUTES
January 15, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85) - None
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Bathgate called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:01 p.m. in the City Council Chamber. Council Member
Hart led the Pledge of Allegiance to the Flag. Pastor Bradley Shingler, Gateway
Community Church, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David M. Swerdlin,
Mayor pro tem John S. Gelff, and Mayor Diane Bathgate.
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, Dawn Schanderl, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - No action taken
INTRODUCTIONS. PRESENTATION AND DONATIONS
PRESENTATION TO DR. LONDRES USO, FORMER CHAIR OF CAPISTRANO
ANIMAL RESCUE EFFORT (CARE) (610.40)
Mayor Bathgate presented Dr. Londres Uso with a Certificate of Appreciation forthe
contributions he has made to the community through Capistrano Animal Rescue
Effort (CARE).
2. LONG TERM EMPLOYEE MECHELLE LAWRENCE RECOGNIZED (730.90)
Mechelle Lawrence, Economic Development Manager, was recognized for 10 years
of service to the City by George Scarborough, City Manager. Mayor Bathgate
presented Mechelle Lawrence with a Certificate of Recognition.
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3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Michael
Eggers, Planning Commission; Les Blair, Liaison to Seniors; Marie Buckner and
Joann de Guevara, Housing Advisory Committee; Janet Siegel, Don Tryon, David
Belardes, Lorie Porter, Cultural Heritage Commission; Marlene Draper and Mike
Darnold, Capistrano Unified School District; Phil Schwartze, former Council Member
and Mayor
ORAL COMMUNICATIONS:
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT
Frank Firmat, Superior Court Judge, Grand Jury Selection Committee, provided a
presentation regarding the duties of the Grand Jury and encouraged citizens to apply.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff and
carried unanimously, 5-0, to approve items 1, 3, 5 and 6 as recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF DECEMBER 18, 2001,
CONTINUED TO THE COUNCIL MEETING OF FEBRUARY 5, 2002
3. FINAL PARCEL MAP 2001-143 (VISTA VERDE ESTATES) (TREND MAKER
DEVELOPMENT), AS IT CONFORMS TO THE REQUIREMENTS SET FORTH IN
THE SUBDIVISION MAP ACT AND TENTATIVE PARCEL MAP CONDITIONS
APPROVED. CITY ENGINEER AND CITY CLERK AUTHORIZED TO EXECUTE
THE FINAL PARCEL MAP; AND CITY CLERK DIRECTED TO FORWARD MAP
TO COUNTY RECORDER (420.70)
4. WARRANTS DATED DECEMBER 27, 2001, IN THE AMOUNT OF $1,096,352.03,
AND PAYROLL WARRANTS DATED DECEMBER 20, 2001, IN THE AMOUNT OF
$249,668.95 RECEIVED AND FILED (300.30)
This item was removed from the Consent Calendar to allow Mayor Bathgate to
abstain from voting.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin and Mayor pro
tem Gelff
NOES: COUNCIL MEMBERS: None
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ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate
5. REPORT OF INVESTMENTS, MONTH ENDING NOVEMBER 30, 2001,
RECEIVED AND FILED (350.50)
6. YEAR 2002 SCHEDULE FOR STREET BANNER AT DEL OBISPO AND CAMINO
CAPISTRANO APPROVED (410.40)
PUBLIC HEARINGS: None
RECESS AND RECONVENE
Council recessed at 7:59 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 8:03 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. HISTORIC PRESERVATION STRATEGY ADOPTED (910.50)
-- Project Description: Staff recommended adoption of the Historic Preservation
Strategy which essentially is a guide to a direct step-by-step approach for
responding to the long-term issues related to preservation and use of historically
significant City -owned facilities.
Written Communication: Report dated January 15, 2002, from Mechelle Lawrence,
Economic Development Manager.
Oral Presentation: Mechelle Lawrence, Economic Development Manager, reviewed
the staff recommendation.
Public Comments:
Lori Porter, Historical Society, 27371 Ortega Highway, supported adoption of the
strategy and encouraged designation of a staff member dedicated to implementing
the strategy.
David Belardes, Cultural Heritage Commissioner, suggested that the center of
cultural activities for the Acjachemen Nation be thoughtfully considered, preferring
that it not be isolated on Ortega Highway.
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Council Comments:
Council Member Swerdlin ascertained that the Cultural Heritage Commission and
Parks, Recreation & Equestrian Commission had reviewed and supported the
proposal. He suggested that staff consider alternatives to hiring a preservation
coordinator, such as using a management group.
Mayor pro tem Gelff supported the Historic Preservation Strategy stating it was
clearly a step forward.
Council Member Hart concurred with Council Member Swerdlin's concerns. He
expressed thanks to Miss Lori Porter of the Historical Society for her suggestion for
the need of a coordinator or central person to oversee the City -owned historic
properties.
Council Member Campbell supported the strategy.
Mayor Bathgate felt the Historic Preservation Strategywould maximize opportunities
for the City's Historic Resources, helping to make San Juan Capistrano a special
place.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to adopt the Historic Preservation Strategy.
H2 ADMINISTRATIVE SERVICES DIRECTOR
a. RESOLUTION NO. 02-01-15-01 ADOPTED APPROVING THE FORMATION OF
THE SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY (340.50)
Project__ Description: The Domestic Water Master Pian (DWMP) identified the
issuance of debt as a component of the financing for the DWMP improvements to
the water system. In order to finance the improvements staff has recommended
approval of a Joint Exercise of Powers Agreement between the City of San Juan
Capistrano, the Capistrano Valley Water District and the San Juan Capistrano
Community Redevelopment Agency to create the San Juan Capistrano Public
Financing Authority.
Written Communications: Report dated January 15, 2002, from Cynthia L. Russell,
Administrative Services Director.
Oral Presentation: Cynthia L. Russell, Administrative Services Director, reviewed
the staff recommendation.
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Board Action: Moved by Council Member Swerdlin; seconded by Council Member
Hart and carried unanimously, 5-0 to adopt RESOLUTION NO. 02-01-15-01
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE JOINT EXERCISE OF
POWERS AGREEMENT AMONG THE CITY OF SAN JUAN CAPISTRANO, THE
CAPISTRANO VALLEY WATER DISTRICT AND THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY CREATING THE SAN JUAN
CAPISTRANO PUBLIC FINANCING AUTHORITY"
H3 PLANNING DIRECTOR
a. WHISPERING HILLS DRAFT ENVIRONMENTAL IMPACT REPORT PUBLIC
REVIEW PERIOD TO CLOSE JANUARY 21, 2002, 5:00 P.M. CONFIRMED;
ENVIRONMENTAL ADMINISTRATOR TO CONSIDER ACCEPTANCE OF
ADDITIONAL COMMENTS FROM REQUESTS RECEIVED PRIOR TO CLOSE OF
COMMENT PERIOD, BUT NO LATER THAN JANUARY 31, 2002 (410.20)
Mayor Bathgate abstained and left the Council Chamber, turning the meeting over
to Mayor pro tem Gelff.
Project Description: Mr. Mark Nielsen, representing CAUSE submitted a letter
dated January9, 2002, requesting the public review period for submission of written
comments on the Whispering Hills Draft Environmental Impact Report be extended
from January 21, 2002, to January 31, 2002. At the City Council meeting of January
10, 2002 the Council approved to consider the extension of the Draft Environmental
Impact Report public review period at the Council meeting of January 15, 2002.
Written Communication: Report dated January 15, 2002, from Thomas Tomlinson,
Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Public Comments:
Mark Nielsen, 31621 Via Quixote, representing CAUSE, requested that the public
comment period be extended to January 31, 2002.
Marcia Frolov, 28501 Via Primavera, supported extension of public comment period
to January 31, 2002.
Marlene Draper, Trustee of Capistrano Unified School District, 31141 Via Cristal,
supported the staff recommendation as the project schedule impacts plans for a
proposed high school. She requested a schedule of upcoming project public
hearings.
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David A. Doomey, Superintendent of Capistrano Unified School District, 32972
Calle Perfecto, supported the staff recommendation expressing concerns about
accommodating anticipated high school population and requested the original
schedule, current schedule and impacts of possible delays.
Andi Culbertson, 85 Argonaut, Suite 220, Aliso Viejo, an attorney and environmental
consultant representing the Capistrano Unified School District supported the staff
recommendation due to legal limitations on review period.
Phil Schwartze, 31682 EI Camino Real, representing the project land owners,
supported the staff recommendation.
Council Comments:
Council Member Campbell expressed appreciation for public comments and
supported the revised staff recommendation.
Council Member Swerdlin expressed concern with the project schedule related to
the proposed high school and was opposed to delays caused by comments
received after the close of the public comment period.
Council Member Hart concurred with Council Member Swerdlin.
Council Action: Moved by Council Member Campbell; seconded by Council
Member Hart and carried 3-1-1 to approve the public review period for considering
written comments to close on Monday, January 21, 2002, at 5:00 p.m.;direct the
Environmental Administratorto consider acceptance of additional written comments
from those groups or individuals that have submitted a written request for additional
time due to misunderstanding or identified delay in obtaining the environmental
documents; such requests to be submitted prior to close of the public comment
period; and additional time for submission not to exceed January 31, 2002.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS:
ORDINANCES: None
Campbell, Hart and Swerdlin
Mayor pro tem Gelff
Mayor Bathgate
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COUNCILMANIC ITEMS
1. MAYOR BATHGATE AND MAYOR PRO TEM GELFF SELECTED TO COUNCIL
SUB -COMMITTEE TO REVIEW APPLICATIONS AND MAKE
RECOMMENDATIONS FOR ANNUAL APPOINTMENTS TO COMMISSIONS AND
COMMITTEES; DEADLINE FOR SUBMITTAL OF APPLICATIONS: FEBRUARY
15, 2002 (110.20)
Description: The annual terms of office for all commission, board and committee
members expires on March 31, of each year. To facilitate the application process
for members to fill these vacancies, staff recommended that the City Council
appoint two members to serve on a sub -committee to conduct applicant interviews
and make recommendations for appointments. The application deadline is
February 15, 2002.
Written Communication: Report dated January 15, 2002, from Julia M. Silva,
Assistant City Manager.
Council Action: Moved by Council Member Hart, seconded by Council Member
Campbell and carried unanimously, 5-0, to select Mayor Bathgate and Mayor pro
tem Gelff as subcommittee members to review applications and make
recommendations to Council for the annual commission and committee
appointments. Deadline of February 15, 2002, approved for submittal of
applications.
2. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Orange County Vector Control District (560.50): The Vector of the Month -California
Salt Marsh Mosquito
COUNCIL COMMENTS:
Mayor pro tem Gelff announced he had attended the Orange County Regional Symposium
and received comment that San Juan Capistrano is a very special community.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8:21 p.m. to
a Regular meeting, Tuesday, February 5, 2002, in the City Council Chamber.
Respectfully submitted,
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/2. Glc.,_`
RET R. MONAHAN, CITY CLERK
: February 19, 2002
ATTEST:
DIANE BATHGATE, MA
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