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
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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
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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.
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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;
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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.
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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
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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
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