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02-0402_CC_Minutes_Regular MeetingMINUTES April 2, 2002 SAN JUAN CAPISTRANO CITY COUNCIL CLOSED SESSION (610.$5) - 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 7:05 p.m. in the City Council Chamber. Council Member Wyatt Hart led the Pledge of Allegiance to the Flag. Father Keith Yamamoto of St. Margaret of Scotland Episcopal 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; John Shaw, City Attorney; Cynthia L. Russell, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; AmyAmirani, Public Works Director; Al King, Jr., Community Services Director; Lt. Rick Stahr, Chief of Police Services; Dawn Schanderl, Deputy City Clerk and Maria Guevara, Secretary. ANNOUNCEMENT OF CLOSED SESSION - None INTRODUCTIONS PRESENTATIONS AND DONATIONS PRESENTATION TO BOB JOHNSON, TED MANNING AND JOAN HOOD, ASSOCIATED SENIORS ACTION PROGRAM (ASAP) VOLUNTEERS, FOR CONTRIBUTIONS MADE TO THE COMMUNITY THROUGH THEIRVOLUNTEER SERVICE HOURS (610.40) Council Member Campbell presented Certificates of Appreciation and service pins to Bob Johnson and Ted Manning for 3,000 service hours each and Joan Hood for 5,500 service hours. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Gelff introduced the following persons in attendance: Sheldon Cohen & Michael Eggers, Planning Commission; Janet Siegel, Cultural Heritage Commission; Derek Reeve, Transportation Commission; Joann deGuevara & Marie CC Minutes 1 4-2-02 Buckner Housing Advisory Committee; Joe Soto, Water Advisory Commission and Les Blair, Liaison to Seniors. ORAL COMMUNICATIONS: None CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried unanimously, 5-0, to approve items 1 through 8 and 10 as recommended by Staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED 2. MINUTES FROM THE REGULAR MEETING OF MARCH 5, 2002, APPROVED AS SUBMITTED 3. CASH FUND BALANCES BY FUND FOR JANUARY 31, 2002 (330.50) 4. REPORT OF INVESTMENTS, MONTH ENDING FEBRUARY 28, 2002, RECEIVED AND FILED (350.30) 5. FEE REDUCTION OF 66% ($425) FOR RENTAL OF COMMUNITY CENTER APPROVED FOR THE AMERICAN YOUTH SOCCER ORGANIZATION (AYSO) FUND RAISING ACTIVITY ON APRIL 13, 2002 (390.30) 6. PERSONAL SERVICES AGREEMENT APPROVED WITH (WATER, INC., FOR VALVE AND FIRE HYDRANT MAINTENANCE SERVICES IN THE AMOUNT OF $20,000; AND MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) 7. RESOLUTION NO. 02-04-02-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NO PARKING EXCEPT BY PERMIT, 3:00 A.M. TO 6:00 A.M. ON BOTH SIDES OF CALLE WINONA AND PASEO ROSA" (570.70) Written Communications received: Letter dated March 27, 2002, received from Raymond C. Miller, 31911 Calle Winona, San Juan Capistrano, in support of the permit parking program. 8. WAIVER OF FORMAL BIDDING PROCESS PURSUANT TO MUNICIPAL CODE 3-4.305(g)(1)AND (4)AND PURCHASE OFATRAFFIC SAFETY CORPORATION CROSSWALK WARNING SYSTEM APPROVED IN THE AMOUNT OF $30,046.25 FROM PACIFIC LIGHTING SALES, INC. (370.30) 9. WARRANTS DATED MARCH 7, 2002, IN THE AMOUNT OF $646,708.04, AND CC Minutes 2 4-2-02 PAYROLL WARRANTS DATED MARCH 14, 2002, IN THE AMOUNT OF $263,337.72, 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 ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate 10. AMENDMENT TO THE AGREEMENT (CHANGE ORDER NO. 1) APPROVED WITH ROBERT BEIN, WILLIAM FROST& ASSOCIATES FORTHE CORROSION PROTECTION SYSTEM STUDY, IN THE AMOUNT OF $50,000; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) PUBLIC HEARINGS: 1. CONSIDERATION OF AMENDMENTS TO THE CITY'S ADOPTED GENERAL PLAN (GENERAL PLAN AMENDMENT 01-04) CONTINUED TO APRIL 16, 2002 (440.25) Promect Description: Staff is requesting consideration of possible amendments to the General Plan be continued to the City Council meeting of April 16, 2002. Written Communications: Report dated April 2, 2002, from Thomas Tomlinson, Planning Director. Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff recommendation. Mayor Bathgate opened the public hearing. No testimony was received. Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Hart and carried unanimously, 5-0, to continued the public hearing to April 16, 2002. CC Minutes 3 4-2-02 RECESS AND RECONVENE Council recessed at 7:18 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District meetings and reconvened at 9:35 p.m. ADMINISTRATIVE ITEMS H1. CITY MANAGER a. STAFF DIRECTED TO SCHEDULE PROPOSED VETERANS MONUMENT FOR THE MINI -PARK FOR REVIEW BY THE PARKS, RECREATION, AND EQUESTRIAN COMMISSION; $3,500 APPROPRIATED FROM THE GENERAL FUND RESERVES TO COVER THE COST OF THE MONUMENT AND PLAQUE; AND COUNCIL MEMBER CAMPBELL TO OVERSEE TREE ISSUES (920.40) Project Description: The City Council expressed a desire to have a veterans monument constructed and installed in the downtown area to celebrate the contributions of the San Juan Capistrano veterans community. Staff is recommending that the Council provide direction on the location of the monument and direct staff to schedule the proposed project for Parks, Recreation, and Equestrian Commission review. In addition, staff is recommending an appropriation of $3,500 to cover the cost of the monument and plaque. Written Communication:. Report dated April 2, 2002, from Mechelle Lawrence, Economic Development Manager. Oral Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the staff recommendation. Council Comments: Council Member Campbell expressed concern over the ultimate fate of the existing tree. Les Blair, local veteran involved with the proposed project, stated he had spoken to a senior engineer and the tree could be removed. He would like to see the monument placed within the circular planter located in the middle of the Mini -Park where it will be most visible. Mr. Blair will coordinate with the various veterans, groups regarding the new location of future Veterans Day celebrations. Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Swerdlin and carried unanimously, 5-0, to direct staff to schedule the proposed veterans monument for the Parks, Recreation, and Equestrian Commission review; CC Minutes 4 4-2-02 appropriate $3,500 from the General Fund reserves to Account 01-62538-4122; and Council Member Campbell to address tree issues. H2. PLANNING DIRECTOR a. INTERIM URGENCY ORDINANCE IMPOSING INTERIM URGENCY OVERLAY REGULATIONS FOR THE AREA COMMONLY KNOWN AS "MCCRACKEN HILL" CONTINUED TO APRIL 16, 2002 (410.50) Council Member Campbell abstained and left the Council Chamber. Description: The City received a petition from the property owners of the "McCracken Hill" neighborhood requesting the establishment of a Specific Plan for the area that would establish height and design standards for homes to a single - story or split-level home configuration. _Written Communication: Report dated April 2, 2002, from Thomas Tomlinson, Planning Director. Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff recommendation. Public Comments: Vito Leonardo Scarola, 28251 La Plumosa, Laguna Niguel, owner of vacant lot located at 33351 Valle Road, requested City work with the homeowners regarding verbiage of proposed ordinance. Vasile Petean, 24432 Ferrocarril, Mission Viejo, owner of lot located at 33571 Valle Road, was strongly opposed to the ordinance. He felt it violated his Constitutional rights and would unfairly impose new building requirements on his proposed home. Richard HIII Adams, 33532 Forster Ranch Road, supported the placement of a specific plan overlay over portion of McCracken Hill due to concerns with height, massing and style. Council Comments: Council Member Swerdlin stated he would like to see the item continued for two weeks to look at the legal aspects. He felt the specific overlay was the right decision for the neighborhood but questioned if the City should get involved in an urgency ordinance as the City may be pulled into litigation at some point. CC Minutes 5 4-2-02 John Shaw, City Attorney, suggested the Council meet in closed session to go over legal aspects. Council Member Hart and Mayor pro tem Gelff supported moving forward as the item would come back to Council for consideration within 45 days at which time the decision to extend or not would be determined. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried 4-0-1, to continue the item to the meeting of April 16, 2002. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS ORDINANCES: None COUNCILMANIC ITEMS Hart, Swerdlin, Mayor pro tem Gelff and Mayor Bathgate None Campbell 1. ORAL REPORTS OF OUTSIDE AGENCIES: Council Member Swerdlin Orange County Vector Control District (560.50): Vector for the month of March - Western Black Lady Tick. Council Member Campbell Associated Seniors Action Program (ASAP) (595.60): Council Member Campbell recognized Vivienne da Costa for her 4300 service hours as an Associated Senior Action Program volunteer. COUNCIL COMMENTS: None CC Minutes 6 4-2-02 ADJOURNMENT There being no further business, Mayor Bathgate adjourned the meeting at 10:17 p.m. to a Regular meeting, Tuesday, April 16, 2002, in the City Council Chamber. Respectfully submitted, MAR A E R. MONAHAN, CITY CLERK Adopted: May 7, 2002 ATTEST: DIANE BATHGATE, MAY CC Minutes 7 4-2-02