02-0416_CC_Minutes_Regular MeetingMINUTES
April 16, 2002
CITY OF SAN .JUAN CAPISTRANO
CLOSED SESSION — 5:30 P.M. (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 7:03 p.m. in the City Council Chamber. Council
Member Hart led the Pledge of Allegiance and Pastor Ward, South Coast Christian
Assembly Church, gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David Swerdlin,
Mayor pro tem Gelff and Mayor 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; William Ramsey, Principal Planner; William Huber,
Engineering and Building Director; Al King, Jr., Community Services Director; Lt. Rick
Stahr, Chief of Police Services; and Amy Amirani, Public Works Director
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
INTRODUCTIONS AND PRESENTATIONS
1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10):
Mayor pro tem Gelff introduced the following persons in attendance: Marie
Buckner, Housing Advisory Committee; Kathy Holmes -Hooper, Parks,
Recreation and Equestrian Commission; Derek Reeve, Transportation
Commission; Marlene Draper, Board of Trustees, Capistrano Unified School
District
ORAL COMMUNICATIONS: (CITY COUNCIL/COMMUNITY REDEVELOPMENT
AGENCY/WATER DISTRICT)
Laurene Lugo, 26473 La Zanja, requested that the City provide funds to keep the Boys
and Girls Club, EI Camino Real, open and organize a committee to work on a solution
for a community center within that neighborhood. George Scarborough, City Manager,
will meet with those involved with request.
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Jack Heath, 26000 Avenida Aeropuerto, suggested alternative of providing RV storage
yard in place of the proposed Home Depot project.
Richard Stowe, 32103 Paseo Carolina, felt that proposed double tracking of the rail
corridor would benefit our community, allowing for improved and extended bike trails
and restoration of the train depot.
Bobbie Decker, 26000 Avenida Aeropuerto, requested more time during meetings for
speakers to address the Home Depot project.
Lucienne Austin, 26000 Avenida Aeropuerto, said that opposition to Home Depot
project was increasing and anticipated support for new Council candidates in November
2002.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff and
carried unanimously to approve Consent Calendar Items 1 through 15, as
recommended by Staff,
1. MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF MARCH 19, 2002 APPROVED
AS SUBMITTED
3. ACCOUNTS PAYABLE WARRANTS DATED MARCH 21, 2002, IN THE
AMOUNT OF $1,077,559.42; PAYROLL WARRANTS DATED MARCH 28, 2002,
IN THE AMOUNT OF $219,671.85 RECEIVED AND FILED (300.30)
4. CASH BALANCES BY FUND — FEBRUARY 28, 2002 RECEIVED AND FILED
(330.50)
5. PLANS AND SPECIFICATIONS FOR THE HISTORIC TOWN CENTER PARK
RESTROOMS APPROVED AND STAFF AUTHORIZED TO RECEIVE BIDS
(CIP NO. 460) (600.30)
6. BIDS SUBMITTED FOR FISCAL YEAR 2001/2002 PURCHASE OF CITY
VEHICLES ACCEPTED AND AWARDED TO TOM'S TRUCK CENTER, IN THE
AMOUNT OF $39,512.78, AND VILLA FORD, IN THE AMOUNT OF
$121,218.72 ( 370.30)
7. COMMUNITY CENTER FACILITY RENTAL FEES FOR A COMMUNITY
FORUM, HOSTED BY THE SAN JUAN COMMUNITY TASK FORCE, ON
MAY 3, 2002, REDUCED 94%, $450(390.30)
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8. DESCANSO VETERANS PARK FACILITY RENTAL FEES FOR THE 'WALK
FOR DIABETES," HOSTED BY THE AMERICAN DIABETES ASSOCIATION ON
APRIL 20, 2002, REDUCED 73%, $390 (390.30)
9. RESOLUTION NO. 02-04-16-01 ADOPTED, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING A TRAFFIC SIGNAL EASEMENT FOR
CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL AT DEL
OBISPO STREET AND VIA BELARDES/PASEO CAROLINA" (670.50)
10. STATUS OF NEW DEVELOPMENT APPLICATIONS RECEIVED AND FILED
(440.10)
11. CITY COUNCIL POLICY REGARDING THE PROCUREMENT OF OFFICE
FURNITURE APPROVED (610.30)
12. RESOLUTION NO. 02-04-16-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE SALE OF
APPROXIMATELY 4,400 SQUARE FEET OF THE HELICOPTER HILL PARK
SITE/OPEN SPACE (LOT B, TRACT 12954, MARBELLA) TO MR. SANJIV JAIN,
OWNER OF LOT 104, TRACT 12954" (LOT B, TRACT 12965) (MARBELLA/
SANJ IV JAIN )" (670.70)
13. WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT WITH THE
ORANGE COUNTY FLOOD CONTROL DISTRICT, WITH AN ANNUAL FEE OF
$712 AND RENEWABLE FOR AN ADDITIONAL 3 YEARS, APPROVED AND
THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (600.50 )
14. PERSONAL SERVICES AGREEMENT WITH MORELAND & ASSOCIATES, IN
THE AMOUNT OF $29,000, TO ASSIST STAFF WITH IMPLEMENTATION OF
GOVERNMENTAL ACCOUNTING STANDARD BOARD (GASB) STATEMENT
NO. 34 APPROVED (MORELAND & ASSOCIATES) (600.30)
15. RESOLUTION NO. 02-04-16-03 ADOPTED, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION
(GANN LIMIT) FOR THE 2001/2002 FISCAL YEAR" (330.20)
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PUBLIC HEARINGS
1. CONSIDERATION OF AMENDMENT TO THE CITY'S ADOPTED GENERAL
PLAN CONTINUED TO MAY 7, 2002 (GPA 01-04) (440.25)(CONTINUED FROM
APRIL 2, 2002)
Pro8ect Description: On August 7, 2001, the City Council initiated a general plan
study and public review process to consider a) general plan revisions proposed
by Mr. Mark Nielsen, representing CAUSE; b) evaluation of the floor area ratio
provisions as it relates to the historic downtown core areas adjacent to the
Mission San Juan Capistrano; and, c) the preamble to the general plan. This
item was considered on April 2, 2002 and continued to April 16, 2002.
Written Communications: Report dated April 16, 2002 from Thomas Tomlinson,
Planning Director, and correspondence received on April 15, 2002 from Tom
Lorch.
Staff Repo : William Ramsey, Principal Planner reviewed the proposed
amendment and areas where the staff recommendation differed from the
Planning Commission's recommendation. Staff recommended that Council
conduct a public hearing and by motion, adopt a Resolution certifying issuance of
a Negative Declaration and approving amendments to the General Plan.
Mayor Bathgate opened the public hearing.
Public Testimony:
Tom Lorch, 2948 Via Blanco, San Clemente, opposed the proposed amendment,
as it would limit development for smaller projects, including his parcels.
Pat Bauer, 9 Plaza Baja dei Sol, requested wording that required a bias toward
minimum density developments.
Mark Nielsen, 31621 Via Quixote, CAUSE, Co -Chair, requested language related
to bias for minimum density, perpetuating an equestrian community, allowing
landforms to take priority over development, limiting development on slope areas,
preserving major ridgelines, retaining biological resources, and updating
language related to agri-business. He requested a continuance.
Rick Scalzo, 32281 Del Obispo, felt community members needed to work
together to allow for development that provided for families.
Mayor Bathgate closed the public hearing.
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Council Discussion:
Council Member Hart was concerned that the proposed amendment has a
greater impact on smaller developments.
Council Member Campbell concurred and suggested that staff make revisions in
this regard.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro
tem Gelff and carried unanimously to continue this item to May 7, 2002.
2. RESOLUTION NO. 02-04-16-04 ADOPTED DIRECTING STAFF TO INITIATE
THE DISTRICT PROCEEDINGS AND TO INITIATE THE PROPOSITION 218
PROCESS FOR THE BELFORD TERRACE LANDSCAPE MAINTENANCE
DISTRICT (TRACTS 9284, 9382, 8485, 7673, 937317654, AND CAPISTRANO
ROYALE) (345.20)
Project Description: Landscape maintenance districts have been established
providing for weekly maintenance to specific areas, managed by the City. On an
annual basis, the City meets with residents in these districts to determine the
landscape maintenance needs. This year, the Belford Terrace district requested
maintenance work that would exceed the available funds. Staff is proposing that
-- district proceedings be initiated, through the Proposition 218 process, for the
Belford Terrace landscape maintenance district.
Written Communications: Report dated April 16, 2002 from Amy Amirani, Public
Works Director.
Staff Report: Amy Amirani, Public Works Director, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing. No public testimony was received.
Mayor Bathgate closed the public hearing.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member
Campbell and carried unanimously to adopt Resolution No. 02-04-16-04 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ORDERING THE PREPARATION OF PLANS,
SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND
REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA,
AND CHAPTER 2.5 OF DIVISION 1 OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL
ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT."
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RECESS AND RECONVENE
Council recessed at 8:07 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency meeting, and reconvened at 8:07 p.m.
ADMINISTRATIVE ITEMS
1H. CITY MANAGER
a. LINCOLN DAY EVENT ON MAY 10 & 11, 2002, APPROVED, SUBJECT TO
CONDITIONS (150.20)(390.30)
Project Description: Richard Hill Adams, resident, submitted a request to
conduct a "Lincoln Day" event, downtown, on May 10 and 11, 2002. The event
would include overnight camping in the Historic Town Center Park, a 21 -gun
salute in the multi -modal area and a fee waiver. A request had also been
received for the City to sponsor event insurance, but the Chamber of Commerce
recently became a co-sponsor of the event and will be able to provide the
needed insurance.
Written Communications: Report dated April 16, 2002, prepared by Mechelle
Lawrence, Economic Development Manager.
Staff Report: Al King, Jr., Community Services Director, reviewed the staff
recommendation, noting the staff recommendation excludes a waiver of $215 in
fees to provide Sheriff services. Staff did not support allowing event activities to
take place in the Los Rios District, as proposed.
Public Comment:
Richard Hill Adams, 33532 Forster Ranch Road, detailed the proposed event
activities, requested a full fee waiver, event insurance sponsored by the City, and
approval of proposed event activities to be held in the Los Rios District.
Larry Klinehurst, 1471 S. Walnut, Anaheim, portraying Colonel Mulholland,
supported the event as an educational program.
Council Discussion:
Council Member Swerdlin supported the proposed event, including event
activities proposed for the Los Rios District.
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Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart and carried unanimously to approve the request for a Lincoln Day
event, subject to conditions permitting 1) the discharge of firearms, 2) overnight
camping at the Historic Town Center Park, 3) a fee waiver, excluding the cost of
Sheriff services of $215, and 4) permitting event activities proposed for the Los
Rios District.
b. REPORT ON THE STATUS OF THE COMPREHENSIVE AND AGGRESSIVE
ACTION PLAN REGARDING ISSUES OF TRAFFIC, WATER QUALITY, AND
LAND PRESERVATION RECEIVED & FILED; STAFF TO PROCEED WITH
DEVELOPMENT OF AN OUTREACH AND COMMUNICATIONS PLAN; AND
$25,000 APPROPRIATED FROM THE GENERAL FUND RESERVES TO
ACCOUNT 01-62538-4122 (EILEEN PADBERG CONSULTANTS )(10070 )
Project Description: In November 2001 the City Council formed a subcommittee
to address issues related to growth, traffic, water quality and land preservation, in
response to results received to a Residents' Attitude and Opinion Survey. A
report has been prepared for review by the City Council. The subcommittee also
recommends that an Outreach and Communications Plan be prepared in an
effort to reduce traffic and growth impacts and that the City enter into an
agreement with Eileen Padberg for development of this program.
Written Communications: Report dated from Mechelle Lawrence, Economic
Development Manager, dated April 16, 2002.
Staff Report: George Scarborough, City Manager, detailed the subcommittee's
report and reviewed the subcommittee's recommendation. He reported that
Eileen Padberg Consultants has developed a close familiarity with the related
issues and time constraints would make it difficult to pursue a Request for
Proposal (RFP) for consultant services.
Council Discussion:
Council Member Swerdlin was concerned with the cost of developing the
Outreach and Communications Plan, suggesting consideration of a RFP process
for a consultant.
Mayor Bathgate felt that Eileen Padberg Consultants had a good understanding
of the community.
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Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member
Hart and carried unanimously to 1) receive and file the report on status of the
City Council's comprehensive and Aggressive Action Plan regarding issues of
growth, traffic, water quality, and land preservation; 2) direct staff to proceed with
the development of an Outreach and Communications Plan utilizing the services
of Eileen Padberg Consultants, not to exceed a contract amount of $25,000; and
3) direct that the funding for the Outreach and Communications Plan be
appropriated from the General Fund Reserves to Account 01-62538-4122.
2H. PLANNING DIRECTOR
a. CONSIDERATION OF REVISION TO PARKS IN -LIEU OF DEDICATION FEE
SCHEDULE CONTINUED TO MAY 7, 2002 (420.20)
Project Description:_The current Parks In -Lieu Dedication fees have been in
place since 1992, despite significant increases in the value of land. This is a
proposal to revise the fees to reflect fair market value for suitable park land in the
City.
Written Communications: Report dated April 16, 2002 from Thomas Tomlinson,
Planning Director, and correspondence received April 16, 2002, from the Building
Industry Association of Southern California, requesting a continuance of the item
for at least 30 days.
Staff Repo : William Ramsey, Principal Planner, requested that the item be
continued to a Public Hearing, scheduled for May 7, 2002, at 7:00 p.m.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Swerdlin and carried unanimously to continue this item to a Public
Hearing, scheduled for May 7, 2002 at 7:00 p.m.
b. URGENCY ORDINANCE NO. 862 ADOPTED ESTABLISHING INTERIM
ZONING OVERLAY STANDARDS FOR SINGLE-FAMILY RESIDENTIAL
CONSTRUCTION FOR LOTS LOCATED IN THE AREA KNOWN AS
"MCCRACKEN HILL" AS SET FORTH IN EXHIBIT A OF THE ORDINANCE
(410,50) (CONTINUED FROM APRIL 2, 2002).
Council Member Campbell abstained from this item and was excused from the
remainder of the meeting.
Promect Description: Property owners of the "McCracken Hill" neighborhood
submitted a petition to the City, requesting that a Specific Plan be established
addressing building height and design standards for homes in the area. Staff
recommended adopting an urgency ordinance that would provide interim height
and design standards, allowing staff to proceed with formal study and hearings to
adopt permanent regulations.
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Written Communications: Report dated April 16, 2002 from Thomas Tomlinson,
Planning Director.
Staff Report: William Ramsey, Principal Planner, reviewed the staff
recommendation,
Public Comment:
Bob Samini, Attorney representing Vasile Petean, property owner at 33571 Valle
Road, was opposed to the proposed urgency ordinance, as it unfairly targeted
three lots and would not preserve scenic views, as intended. He felt that the
Codes Covenants and Restrictions (CCR's) should govern the issue.
Vito Leonardo Scarola, 33561 Valle Road, supported the ordinance if it would
provide for new homes to be built that had the same height and flexibility of
design as existing homes.
Cori Powers, 33551 Valle Road, stated that she had made significant changes to
her home design to accommodate the CCR's. She felt that all homes should
follow the CCR's.
Richard Hill Adams, 33532 Forster Ranch Road, said the CCR's were in place to
preserve views of property owners. He supported the ordinance.
John Shaw, City Attorney, read the title of the ordinance entitled "AN INTERIM
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, ESTABLISHING INTERIM OVERLAY ZONING REGULATIONS
FOR A CERTAIN AREA OF THE CITY COMMONLY REFERRED TO AS THE
"MCCRACKEN HILL" AREA PENDING COMPLETION OF A ZONING STUDY
PURSUANT TO GOVERNMENT CODE SECTION 65858."
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member
Hart and carried 4-0-1 to adopt Urgency Ordinance No. 862, establishing
interim zoning overly standards for single-family residential construction for lot
located in the area commonly known as "McCracken Hill" as set forth in Exhibit A
of the Ordinance.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Gelff and Mayor
Bathgate
None
Campbell
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ORDINANCES — None
COUNCILMANIC ITEMS
1. ANNUAL APPOINTMENTS TO BOARDS AND COMMISSIONS CONTINUED
TO JUNE 4, 2002 (110.20):
Public Comment:
Marianne Handler, 26000 Avenida Aeropuerto, urged Council to keep current
commissioners and committee members, as they were most experienced.
Karen Davidson, 33852 Del Obispo #81, Dana Point, felt existing commissioners
and committee members were doing an excellent job and hoped they would
continue in their positions.
Marlene Draper, 31141 Via Cristal, Board of Trustees, Capistrano Unified School
District, supported continuation of the item so that sitting commissioners and
committee members would remain. She felt this would help to keep the
proposed High School on schedule.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Gelff and carried 4-0-0 to continue this item to June 4, 2002.
2. ORAL REPORTS FROM OUTSIDE AGENCIES
Council Member Swerdlin
Foothill Eastern Corridor and San Joaquin Hills Transportation Corridor (800.50):
the Transportation Corridor Agencies are conducting traffic and financial studies.
Orange County Vector Control District (560.50): Council Member Swerdlin now
serves as the Chairman of the Red Fire Ant Committee.
3. COUNCIL COMMENTS: None
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ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 9:08 p.m. to
the Regular Meeting of Tuesday, May 7, 2002 in the City Council Chamber.
Respectfully submitted,
Approved: May 21, 2002
Diane Bathgate, May
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