02-0507_CC_Minutes_Regular MeetingMINUTES
May 7, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION 610.85
Pursuant to Government Code Section 54957.6, the City Council concurred with its labor
negotiator (City Manager) regarding the status of labor negotiations with the San Juan
Capistrano employees and management employees associations.
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
Wyatt Hart led the Pledge of Allegiance to the Flag. Pastor Brad Shingler of 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; William Ramsey, Principal Planner; Daniel McFarland,
Development Services Manager; Amy Amirani, Public Works 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 to report
INTRODUCTIONS PRESENTATION AND DONATIONS
PROCLAMATION DECLARING MAY 2002 AS "VETERANS APPRECIATION
MONTH" (610.40)
Mayor Bathgate presented a
Outreach Program Specialist,
Month."
proclamation to Joseph Deas, Disabled Veterans
declaring May 2002 as "Veterans Appreciation
CC Minutes 1 5-7-02
2. PROCLAMATION DECLARING MAY 11, 2002, AS "FIRE SERVICE
RECOGNITION DAY" (610.40)
Mayor pro tem Gelff presented a proclamation to Battalion Chief Marc Hawkins,
declaring May 11, 2002, as "Fire Service Recognition Day."
3. CERTIFICATE OF APPRECIATION PRESENTED TO BOY SCOUT MICHAEL
FOWLE FOR EAGLE SCOUT PROJECT (610.40)
Council Member Swerdlin presented a Certificate of Appreciation to Michael Fowle
for his Eagle Scout project of raising funds and organizing the effort of Troop 724
to install trail signs.
4. LONG-TERM EMPLOYEE BRIAN PERRY RECOGNIZED (730.90)
Brian Perry, Senior Civil Engineer, was recognized for his 20 years of service to the
City by Daniel McFarland, Development Services Manager, of the Engineering and
Building Department. Mayor Bathgate presented Perry with a Certificate of
Recognition.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Joann de
Guevara and Marie Buckner, Housing Advisory Committee; Don Tryon, Cultural
Heritage Commission; Jeff Parkhurst, Design Review Committee; Phillip and
Marsha Schwartze, former Council Member and his wife.
6. PROCLAMATION DECLARING MAY 5 THROUGH 11, 2002, AS "NATIONAL PET
WEEK & BE KIND TO ANIMALS WEEK" (610.40)
Mayor Bathgate presented a proclamation to Lauren Smallen, President of C.A.R.E.
(Capistrano Animal Rescue Effort).
ORAL COMMUNICATIONS:
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT):
Phillip Schwartze, City resident, encouraged the Council to take urgent action to propose
an alternate route for the proposed high-speed rail project, and to increase the City's
involvement in lessening the potential impact that increased rail service could have on the
City.
Mayor pro tem Gelff summarized the City's on-going efforts to promote an alternate, inland,
route for the proposed rail service, the formation of a regional association of cities and
businesses, involvement in the League of Cities, and assigned staff support to lessen
impacts of proposed service.
CC Minutes 2 5-7-02
George Scarborough, City Manager, reported that the Orange County Transportation
Agency (OCTA), owner of the rail service, has formally favored an inland route.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin
and carried unanimously, 5-0, to approve items 1 through 10 as recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF APRIL 2, 2002, APPROVED AS
SUBMITTED.
3. PURCHASE OF TEN (10) NOTEBOOK COMPUTERS FROM DELL COMPUTER
CORPORATION APPROVED FOR THE POLICE SERVICES DEPARTMENT IN
THE AMOUNT OF $15,180.80. (370.30)
4. WARRANTS DATED APRIL 4, 2002, IN THE AMOUNT OF $1,133,112.71, AND
APRIL 18, 2002, IN THE AMOUNT OF $872,244.71; PAYROLL WARRANTS
DATED APRIL 11, 2002, IN THE AMOUNT OF $272,034.18, RECEIVED AND
FILED. (300.30)
5. CONSTRUCTION CONTRACT WITH SAND CHANNEL GREENS, INC., FOR THE
SPORTS PARK FIELD DRAINAGE UPGRADES APPROVED IN THE AMOUNT OF
$148,600; MAYOR AUTHORIZED TO EXECUTE THE CONTRACT; AND,
BUDGET APPROPRIATIONS OF $12,000 APPROVED FROM THE GENERAL
FUND RESERVES TO COVER THE PROJECT COSTS AND CONTINGENCY
(600.30)
6. CASH BALANCES BY FUND - MARCH 31, 2002, RECEIVED AND FILED (330.50)
7. REPORT OF INVESTMENTS, MONTH ENDING MARCH 31, 2002, RECEIVED
AND FILED (350.50)
8. RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN
& COMPANY, TO DENY CLAIM SUBMITTED BY GENEVA RUSSELL APPROVED
(170.10)
9. RESOLUTION NO. 02-05-07-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE PROPERTY TAX EXCHANGE FROM THE COUNTY OF
ORANGE TO THE CITY OF SAN JUAN CAPISTRANO RELATED TO THE SILVER
CREEK ANNEXATION" (CA 00-19); AND, THE CITY CLERK DIRECTED TO
NOTIFY THE EXECUTIVE OFFICER OF THE LOCAL AGENCY FORMATION
CC Minutes 3 5-7-02
COMMISSION OF THE CITY COUNCIL'S DETERMINATION, GPA 01-01 (390.801
440.251620.20)
10. FIRST AMENDED AND RESTATED MUTUAL AID AND COOPERATION
AGREEMENT FOR JOINT NEGOTIATIONS APPROVED WITH COX
COMMUNICATIONS; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE
AGREEMENT (600.30)
PUBLIC HEARINGS:
1. RESOLUTION NO. 02-05-07-02 ADOPTED SETTING FORTH REVISED PARKS
IN -LIEU OF DEDICATION FEE SCHEDULE (420.20)
Project_ Description: Park In -Lieu of Dedication Fees are a residential subdivision
fee and should be based upon the average estimated fair market value for suitable
park land in the City. The last fee schedule was adopted by the City Council on
September 15, 1992. Since that time, the fair market value for suitable park land
has increased. An appraisal study of current fair market values was recently
completed by Gary L. Vogt and Associates. This appraisal has been used as a
basis of the newly proposed fee schedule.
Written Communication: Report dated May 7, 2002, from Thomas Tomlinson,
Planning Director.
Oral Presentation: William Ramsey, AICP, Principal Planner, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing.
Public Testimony:
Rick Scalzo, City resident, felt fees should be raised incrementally.
Mayor Bathgate closed the public hearing.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Hart,
and carried unanimously, 5-0, to adopt RESOLUTION NO. 02-05-07-02 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING CITY COUNCIL RESOLUTION NO. 92-
9-15-4 TO AMEND PARK IN -LIEU OF DEDICATION FEES"
CC Minutes 4 5-7-02
2. RESOLUTION NO. 02-05-07-03 ADOPTED CERTIFYING ISSUANCE OF A
NEGATIVE DECLARATION AND APPROVING AMENDMENT TO THE GENERAL
PLAN (GENERAL PLAN AMENDMENT 01-04) OMITTING PROPOSED DENSITY
BIAS POLICY (440.25)
Project Description: On April 16, 2002, the City Council continued a public hearing
on the proposed General Plan Amendment 01-04 to the meeting of May 7, 2002.
The continuance permitted staff to respond to questions of clarification on the
proposed amendment with specific focus upon item #3, Density Bias Policy.
Written Communications: Report dated May 7, 2002, from William Ramsey, AICP,
Principal Planner, reviewed the staff recommendation.
Letter dated April 16, 2002, from Jess L. Frost, Mission Hills Drive, property owner,
felt this type of amendment seemed unnecessary and unfairly penalized those few
landowners who have elected not to develop their properties at this point in time.
Letter dated April 22, 2002, from Pat Bauer, supported the amendment with request
for language modification regarding the minimum bias issue.
Letter dated April 22, 2002, from Robert A. Hendrickson, Romarco Realty
Corporation, Avenida Los Cerritos, representing one of the remaining vacant land
owners, opposed the amendment.
Letter dated May 6, 2002, Tom Lorch, Via Blanco, San Clemente, opposed the
amendment and felt the requirement for amenities against the smaller lots under 30
acres should be removed.
Oral Presentation: Ramsey, AICP, Principal Planner, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing.
Public Testimony:
Tom Lorch, local property owner, was opposed to favoring a density bias because
it would impact owners of smaller parcels.
Rick Scalzo, City resident, felt that the regulations adopted in 1999 should remain
as the proposed amendment would make homes less affordable.
Mark Nielsen, City resident, Co -Chair of CAUSE, felt that the General Plan
Amendment should include preservation of major ridgelines, more emphasis on
equestrian and agricultural lifestyles, primary consideration of land form alteration,
and additional work on the preamble.
CC Minutes 5 5-7-02
Ray Turner, City resident, was opposed to limiting the Council's discretion on
density of projects and felt this should be approached on a case-by-case basis.
Mayor Bathgate closed the public hearing.
Council Comments:
Council Member Hart was not supportive of a Density Bias Policy because it would
limit Council's discretion to weigh various project considerations. He was also
concerned that it disproportionately affected owners of smaller properties.
Council Members Swerdlin and Campbell concurred.
Mayor pro tem Gelff supported a limited density policy.
Mayor Bathgate felt it was important to seek a balance between property rights and
regulations. She felt that it was appropriate to include a general plan policy
statement indicating that approval of maximum project density should not be
assumed by project developers.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried, 3-2, to adopt RESOLUTION NO. 02-05-07-03 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING ISSUANCE OF A NEGATIVE
DECLARATION AND APPROVAL OF GENERAL PLAN AMENDMENT 01-04 AS
CONTAINED IN THIS RESOLUTION" revised to omit the proposed addition of
Policy 2.4, page 9, related to residential applications with proposed densities at the
lower range.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin and Campbell
NOES: COUNCIL MEMBERS: Mayor pro tem Gelff and Mayor Bathgate
RECESS AND RECONVENE
Council recessed at 8:06 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 8:07 p.m.
CC Minutes 6 5-7-02
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. RESOLUTION NO. 02-05-07-04 APPROVING ADJUSTMENT TO CITY
ATTORNEY SERVICES RATE STRUCTURE (WOODRUFF, SPRADLIN AND
SMART) (600.30)
Description: The firm of Woodruff, Spradlin and Smart is retained by the City to
provide legal services. The firm has notified the City of an increase in rates and staff
is recommending the rate schedule be amended to reflect the new rates.
Written Communication: Report dated May 7, 2002, from George Scarborough,
City Manager.
Oral Communication: George Scarborough, City Manager, reviewed the staff
recommendation.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Hart
and carried 5-0, to adopt RESOLUTION NO. 02-05-07-04 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, IMPLEMENTING AN ADJUSTMENT TO THE RATE SCHEDULE
FOR CITY ATTORNEY SERVICES"
H2. PUBLIC WORKS DIRECTOR
a. CHANGE ORDER NO. 1 APPROVED DECLARING THE CONSTRUCTION
CONTRACT FOR THE LA RONDA STORM DRAIN CHANNEL REPAIR IN THE
AMOUNT OF $8,569; AND, RESOLUTION NO. 02-05-07-05 ADOPTED
DECLARING WORK TO BE COMPLETE (VALLEY LANDSCAPE
CONSTRUCTION, INC.) (600.30)
Project Description: On September 4, 2002, the City Council awarded the La Ronda
Storm Drain Channel Repair Project to Valley Coast Landscape Construction, Inc.,
in the amount of $77,646.00, to perform repairs to undermined sections of the
channel wail, install a geo-fabric lined channel bottom and hydroseed the fabric
bottom with aquatic plant types. An additional 600 feet of geo-fabric lining was
required for a cost of $8,569 representing the cost of materials only. Staff is
recommending ratification of Change Order No. 1 and acceptance of the project
Written Communication: Report dated May 7, 2002, from Amy Amirani, Public
Works Director.
CC Minutes 7 5-7-02
Council Action: Moved by Council Member Campbell, seconded by Council
Member Swerdlin and carried, 5-0, to ratify Change Order No 1 in the amount of
$8,569; and, RESOLUTION NO. 02-05-07-05 adopted entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETE AS TO PLANS AND
SPECIFICATIONS FOR THE LA RONDA CHANNEL REPAIRS PROJECT'
b. AGREEMENT APPROVED WITH SANTA MARGARITA WATER DISTRICT FOR
BRINE WASTE DISPOSAL IN THE CHIQUITA LAND OUTFALL (600.50)
Proiect Description: The City of San Juan Capistrano has undertaken the 5.6 million
gallons per day Ground Water Recovery Plant project near the confluence of the
San Juan and Trabuco creeks that will result in up to 2.0 mgd of brine waste. Staff
is recommending approval of an agreement with the Santa Margarita Water District
setting forth conditions regarding brine discharge to the Chiquita Land Outfall.
Written Communication: Report dated May 7, 2002, from Amy Amirani, Public
Works Director.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to approve the Agreement with the Santa
Margarita Water District for the right to dispose of brine waste in the Chiquita Land
Outfall; and, City Manager authorized to execute the agreement.
H3. COMMUNITY SERVICES DIRECTOR
a. TWO-WEEK TRANSITIONAL AFTER-SCHOOL PROGRAM AT SAN JUAN
SCHOOL APPROVED; AND, REMAINING BUDGETARY SAVINGS FROM THE
BOYS & GIRLS CLUB SITE CLOSURE TO BE UTILIZED AS A CONTRIBUTION
FOR THE PROJECT SELF RELIANCE AFTER SCHOOL PROGRAM (515.80)
Project Description: At the City Council Meeting of April 16, 2002, resident Ms.
Laurene Lugo requested assistance from the City for the continuation of after-
school youth programs which are scheduled to be discontinued with the impending
May 3, 2002, closure of the Boys and Girls Club EI Camino site.
Written Communication: Report and Supplemental Information, dated May 7,
2002, from Al King, Jr., Community Services Director.
Oral Presentation: Al King, Jr., Community Services Director, reviewed the staff
recommendation.
CC Minutes 8 5-7-02
Public Comments:
Emma Barrera, City resident, discussed the need for support of after-school
programs.
Laurene Lugo, thanked all those involved in supplementing and supporting the after-
school programs through the end of the school year.
Council Comments:
Council Member Swerdiin stated he appreciated all the work done by Project Self
Reliance to find answers to the concerns and needs of the area.
Council Members Gelff and Bathgate concurred feeling the community came
together.
Council Action: Moved by Council Member Campbell, seconded by Council Member
Hart and carried unanimously, 5-0, implementation of a two-week transitional after-
school program at San Juan School, from May 6 - May 17 approved; and, staff
authorized to utilize remaining budgetary savings from the Boys and Girls Club site
closure as a funding contribution towards the Project Self Reliance after-school
program through June 20, 2002.
H4. POLICE SERVICES
a. ORDINANCE INTRODUCED AMENDING TITLE 4, CHAPTER 6: TRAFFIC TO
INCLUDE OVERSIZED VEHICLES PARKING REGULATIONS APPROVED
(590.30)
Description: Police Services has received numerous complaints related to
recreational vehicles parked in residential neighborhoods. Staff has also received
complaints regarding motor homes and other oversized vehicles parked on arterial
roadways, restricting sight distance from side streets and driveways. Staff is
recommending a code amendment to allow parking of recreational vehicles for
loading and unloading purposes only.
Written Communication: Report dated May 7, 2002, from Lt. Rick Stahr, Chief of
Police Services.
Oral Presentation: Lt. Rick Stahr, Chief of Police Services, reviewed the staff
recommendation.
CC Minutes 9 5-7-02
Public Comment:
Larry Culbertson, City resident, supported the ordinance and expressed concerns
that owners of oversized vehicles will begin parking in the front yard setback.
Council Comment:
Council Member Swerdlin stated he would like an update within 6 months on how
the ordinance is working.
Meg Monahan, City Clerk read the title of the Ordinance.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Hart
and carried unanimously, 5-0, to approve introduction and first reading of the
Ordinance entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING OVERSIZED VEHICLES PARKING
REGULATIONS BY ADDING SECTION 4-6.325 TO TITLE 4, CHAPTER 6,
ARTICLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE"
ORDINANCES: None
COUNCILMANIC ITEMS
APPOINTMENTS MADE TO THE YOUTH ADVISORY BOARD (110.20)
Oral Presentation: Mayor pro tem Gelff, member of the Council Subcommittee,
recommended appointment of all of the applicants that applied for the Youth
Advisory Board.
Council Comment
Council Member Hart congratulated the subcommittee members, Mayor pro tem
Gelff and Mayor Bathgate, for all their hard work.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Hart
and carried Unanimously, 5-0, to appoint the following High School Students to the
Youth Advisory board: Naomi Aguero; Alyse Alvard; Cecilia Arce; Sara
Behmerwohld; Gianna DeCaro; Erin Emery; Christine Hasircoglu; Nora Rodriquez;
Nicole Seasteadt; Sondra Trujillo. The following Middle School Students were
appointed to the Youth Advisory Board: Justin Kubasek; Samantha Peraza; Daniel
Robinson; Julie Robinson (Alternate). The following persons were appointed as
Adult Advisors to the board: Virginia Nonaca Chavez and Ken Friess.
CC Minutes 10 5-7-02
The Council Subcommittee recommended that the Council modify the formation of
the Youth Advisory Board, by Resolution, to include 10 High School students, 3
Middle School students and 1 Middle School student alternate.
2. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Foothill Eastern Corridor (800.50) and San Joaquin Hills Transportation Corridor
(800.50): Agencies are involved in the budget process. Efforts are underway to
merge these into one agency.
Orange County Vector Control District (560.50): Vector of the Month, Mites.
Mayor pro tem Gelff
Library Advisory Board (950.20): President of the Friends of the Library has been
invited to the next meeting of the Library Advisory Board.
Council Member Campbell
Associated Seniors Action Program (ASAP) (595.60): Volunteers are involved in
finding an appropriate location for a monument to honor ASAP members.
COUNCIL COMMENTS:
Moved by Council Member Campbell; seconded by Council Member Hart, and carried
unanimously, 5-0, to add by 415th vote: discussion of Los Rios Precise Plan regarding sale
of alcoholic beverages. Council concurred to direct staff to initiate the review process of
the Precise Plan to consider sale of wine at the Ramos House Cafe.
CC Minutes 11 5-7-02
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8:42 p.m. to
a Regular meeting, Tuesday, May 21, 2002, in the City Council Chamber.
Respectfully submitted,
MA�ROARET R. MONAHAN, CITY CLERK
Adopted: June 4, 2002
ATTEST:
DIANE BATHGATE, "AYQR
CC Minutes 12 5-7-02