02-0521_CC_Minutes_Regular MeetingMINUTES
May 21, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85) - 5:30 P.M.
1. Pursuant to Government Code Section 54957.6, the City Council conferred with its
labor negotiator (City Manager) regarding the status of labor negotiations with the
San Juan Capistrano employees and management employees associations.
2. Pursuant to Government Code Section 54956.9(c), the City Council conferred with
its legal council regarding two matters.
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 7:02 p.m. in the City Council Chamber. Council Member
Swerdlin led the Pledge of Allegiance to the Flag. Monsignor Paul Martin, Mission Basilica
San Juan Capistrano, 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; Cynthia L. Russell, Administrative Services Director;
Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building
Director; Amy Amirani, 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 - John Shaw, City Attorney, reported the City
Council voted 5-0 to join litigation against Cox Communications relative to the regulations
of cable modem services.
INTRODUCTIONS, PRESENTATION AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Joe Soto,
Water Advisory Commission; Marie Buckner, Housing Advisory Committee; Bob
Cardoza & Kathy Hooper, Parks, Recreation & Equestrian Commission; Don Tryon,
Cultural Heritage Commission; Les Blair, Liaison to the Seniors; Marlene Draper &
CC Minutes 1 5-21-02
Mike Darnold, Capistrano Unified School District Trustees; Marsha Schwartze, a
founder of CARE and Pat Bathgate, mother of the Mayor.
ORAL COMMUNICATIONS: (CITY COUNCIL & COMMUNITY REDEVELOPMENT
AGENCY:
Sharon Hoilt, South Orange County Community Services, presented a directory of member
agencies to the City Council.
Richard Hill Adams, resident, thanked everyone for the success of the "Lincoln Day' event
held on May 10 and 11, 2002.
Jason Dejohn Tomasso, resident, requested that the speed limit sign located on Camino
Del Avion and Via Positiva be reduced from 35 mph to 25 mph due to safety concerns.
CONSENT CALENDAR
Council Action: Moved by Council Member Campbell, seconded by Council Member Hart
and carried unanimously, 5-0, to approve items 1, 2, 4 and 5 through, 8 and 10 as
recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF APRIL 16, 2002, APPROVED AS
SUBMITTED
3. WARRANTS DATED MAY 2, 2002, IN THE AMOUNT OF $1,014,993.25, AND
PAYROLL WARRANTS DATED APRIL 24, 2002, IN THE AMOUNT OF
$223,033.82, 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:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Campbell, Swerdlin and Mayor pro
tem Gelff
None
Mayor Bathgate
CC Minutes 2 5-21-02
4. RESOLUTION NO. 02-05-21 -01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 01-12-18-03 BY MODIFYING THE COMPOSITION
OF THE CITY YOUTH ADVISORY BOARD" (110.20)
5. STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS RECEIVED AND
FILED (440.10)
6. RESOLUTION NO. 02-05-21-02 ADOPTED INITIATING PROCEEDINGS FOR THE
ABANDONMENT OF PUBLIC HIKING AND EQUESTRIAN TRAIL EASEMENTS
ADJACENT TO THE WEST AND SOUTH BOUNDARIES OF LOT 5 OF TRACT
9682 TO DR. KENNETH DECK (670.50)
Project Description: Dr. Kenneth Deck requested the City abandon trail easements
along the west and south sides of this property. A trail has been established within
a City easement along the east boundary of the Deck property and the subject
easements are no longer necessary.
Written Communications: Report dated May 21, 2002, from William Huber, Director
of Engineering and Building.
Public Comment:
Marc Goldstein, owner of property at 32091 Del Obispo Street, stated he had issues
concerning this item and requested a continuance to a later date.
William Huber, Director of Engineering & Building, stated that he would meet with
Mr. Goldstein and Mr. Scalzo to clarify the issues prior to the public hearing. He
suggested that Council set a public hearing for June 18, 2002. Should issues still
be outstanding then, the hearing could be continued or the item withdrawn at that
time.
Moved by Council Member Hart, seconded by Council Member Campbell and
carried unanimously, 5-0, to adopt RESOLUTION NO. 02-05-21-02 ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
ABANDONMENT OF PUBLIC HIKING AND EQUESTRIAN TRAIL EASEMENTS
ADJACENT TO THE WEST AND SOUTH BOUNDARIES OF LOT 5 OF TRACT
9682 TO DR. KENNETH DECK."
7. RESOLUTION NO. 02-05-21-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY
CC Minutes 3 5-21-02
OF SAN JUAN CAPISTRANO AND REVIEW FOR CONFORMANCE WITH THE
COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS (940.20)
8. CHANGE ORDER NO. 1 APPROVED IN THE AMOUNT OF $2,450; AND,
RESOLUTION NO. 02-05-21-04 APPROVED ENTITLED `°A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE LOS RIOS STREET SANITARY SEWER REHABILITATION
(INSITUFORM TECHNOLOGIES INC.);" CITY CLERK DIRECTED TO PROCESS
RECORDING OF NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO
RELEASE THE 10% RETENTION, IN THE AMOUNT OF $9,289.88, 35 DAYS
AFTER RECORDATION (600.30)
9. AGREEMENT WITH THE CITY OF DANA POINT FOR DANA POINT'S INTERIM
USE OF CITY'S DRAINAGE FACILITIES TO DIVERT DRY WEATHER NUISANCE
FLOWS TO THE ALIPAZ STORM DRAIN; AND MAYOR AUTHORIZED TO
EXECUTE THE AGREEMENT (600.30)
Project Description: In an effort to reduce nuisance flow pollution in San Juan Creek
and Doheny Beach, the City of Dana Point is planning to construct a dry weather
nuisance flow diversion structure to serve a 90 -inch diameter reinforced concrete
pipe storm drain discharging to San Juan Creek. The purpose of the project is to
improve overall water quality in San Juan Creek and at Doheny Beach. The City of
Dana Point has requested permission to use City facilities to convey, treat and
dispose nuisance flow via the Alipaz Storm Drain.
Written Communications: Report dated May 21, 2002, and Supplemental Report,
dated May 20, 2002, from William Huber, Director of Engineering and Building.
Oral Presentation: William Huber, Director of Engineering and Building, presented a
proposed revision to the agreement, arising after the agenda report dated May 21,
2002, was submitted to the City Council. The revision includes minor language
changes as approved by the City Attorney. Huber recommended approval of the
revised agreement.
Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried
unanimously, 5-0, to approve the revised agreement with City of Dana Point for the
City of Dana Point's interim use of City facilities to divert dry weather nuisance flows
from the Alipaz storm drain; and Mayor authorized to execute the agreement.
10. RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN
& COMPANY, ACCEPTED; AND, CLAIM SUBMITTED BY STEVEN KUHN
DENIED (170.10)
CC Minutes 4 5-29-02
11. LICENSE AGREEMENT WITH LA PATA EQUESTRIAN CENTER, LLC.,
APPROVED FOR USE OF LOTS A & B OF TRACT 12633 APPROVED AS
MODIFIED (600.30)
Project Description: La Pata Equestrian Center LLC. (LEC) proposed to serve as
the new manager of the equestrian center located at lots A & B of Tract 12633, part
of the City's owned open space. The site was formerly managed through a license
agreement with Love Livestock. The agreement under consideration would serve
as a temporary agreement until LEC can complete the Conditional Use Permit
process required for commercial stable operation.
Council Comments:
Council Member Swerdlin requested that the agreement include a definition of
"livestock," include requirement of a performance bond to guarantee restoration of
the site should use be terminated and the site not restored, and staff to prepare
status reports every 60 days.
George Scarborough, City Manager, stated the term livestock would be defined to
mean cattle and horses. A performance bond can be included and Staff will provide
status reports every 60 days.
Moved by Council Member Swerdlin, seconded by Council Member Campbell and
carried unanimously, 5-0, to approve the License Agreement with La Pata
Equestrian Center, LLC, for use of Lots A & B of Tract 12633, modified to include
the definition of "livestock" to mean cattle and horses; requirement of a performance
bond for cleanup and restoration of the site with cost to be deducted from the first
month's rent, and staff to prepare a status report to be submitted to Council every
60 days.
PUBLIC HEARINGS:
ORDINANCE NO. 863ADOPTED EXTENDING INTERIM URGENCY ORDINANCE
NO. 862 ESTABLISHING INTERIM OVERLAY ZONING REGULATIONS FOR A
CERTAIN AREA OF THE CITY COMMONLY REFERRED TO AS "MCCRACKEN
HILL" (410.50)
Project Descri tion: On April 16, 2002, the City Council adopted an interim
urgency ordinance establishing Interim Overlay District Regulations for the
"McCracken Hill" neighborhood. The ordinance took effect immediately for a period
of 45 days. The proposed extension would provide sufficient time, 10 months and
15 days, to complete the planning study and conduct the necessary public hearings
to consider whether to adopt permanent zoning regulations for the "McCracken Hill"
neighborhood.
CC Minutes 5 5-21-02
Written Communications: Report dated May 21, 2002, from Thomas Tomlinson,
Director of Planning.
Oral Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing.
Public Testimony:
Council Member Campbell abstained from this item due to a potential conflict.
Richard Hill Adams, resident, supported the extension of Ordinance No. 862 so the
CC&R design standards could be put into place.
Mayor Bathgate closed the public hearing.
Council Comments:
Council Member Swerdlin requested that design standards address building mass.
Dawn Schanderl, Deputy City Clerk read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
EXTENDING INTERIM URGENCY ORDINANCE NO. 862 ESTABLISHING
INTERIM OVERLAY ZONING REGULATIONS FOR A CERTAIN AREA OF THE
CITY COMMONLY REFERRED TO AS MCCRACKEN HILL."
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Hart
and carried 4-0-1 to adopt Ordinance No. 863 extending Interim Urgency
Ordinance No. 862, thus establishing interim overlay zoning regulations for
"McCracken Hill".
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Swerdlin, Mayor pro tem Gelff and
Mayor Bathgate
None
Campbell
2. RESOLUTION 02-05-21-06 ADOPTED APPROVING PURCHASE AND SALE
AGREEMENT FOR 4,400 SQUARE FEET OF THE HELICOPTER HILL PARK
SITE/OPEN SPACE TO SAJIV JAIN (600.30)
CC Minutes 6 5-21-02
_ Proiect Description: Mr. Sanjiv Jain, owner of Lot 104, Tract 12954 (Marbella) has
requested that the City consider sale of approximately 4,400 square feet of the
Helicopter Hill Park Site/Open Space. The area proposed for sale is steep and
inaccessible to the public.
Written Communications: Report dated May 21, 2002, from William M. Huber,
Director of Engineering and Building.
Oral Presentation: William M. Huber, Director of Engineering and Building,
reviewed the staff recommendation.
Mayor Bathgate opened the public hearing and there being no public testimony,
closed the hearing.
Council Comments:
Council Members ascertained that Mr. Jain intended to purchase the property to
repair a drain and facilitate access to the drain. The property would remain as open
space, free of structural improvements.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Hart, and carried unanimously, 5-0, to adopt RESOLUTION NO. 02-05-21-
-- 05 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE PURCHASE AND SALE
AGREEMENT FOR 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;"
MAYOR AUTHORIZED TO SIGN THE AGREEMENT; AND, CITY MANAGER
AUTHORIZED TO EXECUTE ALL SUPPLEMENTAL DOCUMENTS TO
COMPLETE THE ESCROW PROCESS.
3. RESOLUTION NO. 02-05-21-06 APPROVED ESTABLISHING THE CAPISTRANO
CIRCULATION FEE PROGRAM; AND CREATION OF A NEW CIRCULATION FEE
FUND, TRANSFERRING ALL CURRENT FAIR SHARE FUNDS INTO
CIRCULATION FEE FUND (420.20)
Description: The proposed Capistrano Circulation Fee Program (CCFP) would
implement policies established by the City's General Plan Circulation Element. The
program establishes an equitable funding mechanism, intended to improve the
current "Fair Share" program, which requires development fees related to off-site
circulation improvements.
Written Communication: Report dated May 21, 2002, from William M. Huber,
Director of Engineering and Building.
CC Minutes 7 5-21-02
Oral Presentation: William M. Huber, Director of Engineering and Building,
reviewed the staff recommendation.
Mayor Bathgate opened the public hearing.
Public Testimony:
Maureen Haraki, Transportation Planner with Caltrans, requested a copy of the fair
share proposal.
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 approve RESOLUTION NO. 02-05-21-06
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A CIRCULATION FEE
PROGRAM PURSUANT TO GOVERNMENT CODE SECTION 66000 ET SEQ.
4. WHISPERING HILLS ESTATES: RESOLUTION NO. 02-05-21-07 APPROVING
CERTIFICATION OF DRAFT ENVIRONMENTAL IMPACT REPORT &
STATEMENT OF OVERRIDING CONSIDERATION; ORDINANCE INTRODUCED,
MODIFYING THE NUMBER OF UNITS IN THE EAST CANYON FROM 140 TO 160
AND REVISED MAP TO BE RETURNED TO CITY COUNCIL CONSISTENT WITH
CHANGE IN UNITS PER THE APPROVED COMPREHENSIVE DEVELOPMENT
PLAN (420.401460.201410.851410.80)
Mayor Bathgate abstained from this item and left the council chamber. Mayor pro
tem Gelff conducted the public hearing.
Council Member Swerdlin stated his requested inquiry with the Fair Political
Practices Commission (FPPC), into a potential conflict of interest related to his
personal relationship with an advocate of Dennis Gage, the project applicant,
resulted in the FPPC advising that this relationship does not constitute a conflict of
interest. He also reviewed his past voting record on projects involving the advocate
of Gage. His record reflected opposition to some projects advocated by this
individual, indicating a lack of bias.
Mayor pro tem Gelff stated that he had requested that Council review of the project
be postponed until at least June 4, 2002 to allow more review time. This request
had been overruled by a Council policy allowing individual Council Members to
place items on the agenda.
Pro'ect Description: The applicant submitted two alternative proposals for the
project know as Whispering Hills Estates located approximately 2,000 feet south of
the Camino Lacouague terminus. Application No. 1 includes 356 dwelling units
CC Minutes 8 5-21-02
(DU). Application No. 2 includes 193 DU and a high school. Staff recommendation
is to review the Draft Environmental Impact Report, the responses to comments, the
staff analysis, receive public testimony and continue the item to the June 4, 2002,
meeting for further review.
Written Communication: Report dated May 21, 2002, by Thomas Tomlinson,
Planning Director and Larry N. Lawrence, Consulting Project Manager.
Supplemental Report dated May 17, 2002, by Thomas Tomlinson, Planning
Director, regarding Planning Commission recommendations.
Letter dated May 18, 2002, from Mr. & Mrs. Sal Colica, city residents, stated their
concern was the potential increase of traffic on Avenida La Mancha if proposed
development is approved.
Letter dated May 19, 2002, from Mr. & Mrs. Angelo Garruba, city residents, stated
concerns regarding additional traffic impacts on Avenida La Mancha as well as
limiting the homes in the west canyon to no more than 15 and creation of a
minimum 500 foot buffer zone.
Letter dated May 20, 2002, from Mark Nielsen, Co -Chairman of CAUSE, enclosed
copies of CAUSE's testimony before the Planning Commission on the proposed
Whispering Hills project.
Transmittal dated May 21, 2002, from Larry Lawrence & Cheryle Hodge forwarding
a letter dated May 21, 2002, from the California Department of Fish & Game,
including comments on the Draft Evnironmental Impact Report, received May 21,
2002.
Oral Presentation: Larry Lawrence, City's Consulting Project Manager, reviewed the
project review process and detailed recommendations made by the Planning
Commission, Transportation Commission and Parks, Recreation and Equestrian
Commission. He made a Power Point presentation providing an overview of the
project.
Lawrence reported staff analysis concentrated on Alternative 2, 193 DU
accompanied by a High School, as it was the alternative most actively advanced.
He identified grading, density and access as the most important project issues in the
west and east canyons. Analysis indicated inconsistencies between west canyon
proposed grading and the City's Hillside Management standards. Proposed access
to the west canyon, by extension of Avendia La Mancha, was also expected to
create excessive traffic impacts to existing residential development. Due to these
issues, staff recommended limiting the number of DU for the west canyon to 15
(reduced from proposed 45 DU). Development proposed for the east canyon lacks
required transition between man-made and natural topography, therefore, staff
recommended reduction in the number of units from 155 DU to 140 DU.
CC Minutes 9 5-21-02
Responding to Council Members' questions, indicated that widening of Avenida La
Mancha was restricted due to the limited right-of-way and existing uses and
drainage needs. He reported that the Environmental Impact Report and traffic
analysis is based on a proposed student population of 2,200 students.
Mayor pro tem Gelff opened the public hearing.
Public Testimony:
Mayor pro tem Gelff suggested consideration of potential project impacts and
opportunities associated with the proposed development, including an increase of
2,500 students, staff and residents to the community, increased traffic, two -years of
construction activity and the associated vehicles accessing the site from Ortega
Highway and 1-5 off -ramps. Development of a new high school would provide
community facilities to enhance sports, theatre arts, and adult education programs.
Phillip Schwartze, consultant to the project applicant, provided an overview of the
proposed development and project processing. He discussed the various
alternatives explored for development, on-site circulation and access. Schwartze
stated the benefits of the project included a high school, primary school
improvements, short and long term traffic improvements, public infrastructure
improvements, new public park, trails, open space, and financial benefits to the city
and school district. He requested approval of: 1) Statement of Overriding
Considerations, 2) Certify the Draft Environmental Impact Report, 3) Approve
Rezoning to Planned Community, 4) The Ridgeline Exception to allow the high
school to grade in the set back zone, 5) The Hillside Management application; and
6) The Vesting map with the high school and residential. The project will be built
according to the new National Pollutant Discharge Elimination System (NPDES)
standards.
Dave Doomey, Capistrano Unified School District (CUSD) Associate Superintendent
of Facilities Planning, gave an overview of the benefits of the proposed San Juan
Hills High School. The student population would include students from the City of
San Juan Capistrano, making up 80% of the attendees, with approximately 400
students from the build out of Phases 4, 5, and 6 from Ladera Ranch. These 2,200
students will be housed in permanent buildings. The site will have the potential to
be expanded with temporary facilities. Students who currently attend high schools in
other communities will be given the choice to continue their education at those
schools. Students generated from the proposed development of Rancho Mission
Viejo will not attend school in San Juan Capistrano. A bridge financing agreement
with the project developer will fund an aquatics and sports stadium improvements
and improvements at Ambuehl Elementary school. Home owners in the completed
project will be assessed Mello Roos fees to compensate for the impacts of the new
development. Additional funding is anticipated from two bond measures that will be
CC Minutes 10 5-21-02
presented to statewide voters., though construction of the proposed high school is
not dependent upon passage of any bond measures.
Patrick Levens, CUSD Executive Director of Secondary Schools, presented
proposed educational programs and conceptual site development for the proposed
high school. He detailed the extent of professional amenities anticipated for the
visual performing arts.
Dr. James A. Fleming, CUSD District Superintendent, discussed the arrangements
planned for the proposed Rancho Mission Viejo area, pending project approval.
Ed Richards, Co -Chair of CAUSE and City resident, supported staff's
recommendation to continue the item to June 4, 2002. He indicated CAUSE
testimony, provided during the Planning Commission hearings, continued to be
relevant. He added that the proposed project was inconsistent with General Plan,
Hillside Management and City Council policies. In particular, hillside development
density should be limited to preserve natural features and natural hazard areas
should be maintained as open space. Density should be reduced in both the east
and west canyons to reduce the extent of grading and allow for more effective use
of land sculpting. While the City does need moderate and affordable housing, the
City does not need any of the proposed above -moderate income homes. Therefore,
all of the proposed homes exceed the City's maximum build -out, further impacting
traffic. He requested preservation of the 200 -foot buffer from ridgelines,
preservation of habitat and reduction of grading. He requested that the item be
continue to June 4, 2002, due to the complexity of the project.
Marlene Draper, CUSD Trustee, supported the project, as the proposed school
would relieve overcrowding of schools.
Mike Darnold, CUSD Trustee, supported Draper's comments.
Dr. Ron Uso, City resident, was opposed to the project due to traffic and growth
impacts on the City. He asked that Council closely consider and mitigate project
impacts in their efforts to provide a school within the City.
Dina Meek, City resident, asked for responsible development. She was concerned
over the approval process, linking the development with the school.
Stephanie Nielsen, City resident, was opposed to certification of the Draft
Environmental Impact Report. She felt the traffic analysis and biological analysis
were inadequate and that California Environmental Quality Act requirements had
not been met. She asked Council to hold fast to General Plan policies.
Donna Chandler, City resident, was concerned that Avenida La Mancha was
adequate to support service vehicles and there are no pedestrian improvements.
CC Minutes 11 5-21-02
Diane Sage, President of the Ambuehl Elementary School PTA, read letter in
support of the development.
Trish Kelley, President of Capistrano Valley High School PTA, supported project
and school to alleviate school overcrowding.
Dan Fox, City resident, voiced concerns regarding student potential drop off areas
accessed from Lacouague Road. He felt Lacouague Road should be privatized and
San Juan Creek Road gated. She also felt that school lighting had not been
adequately addressed in the EIR.
Gerry Gamble, City resident, was opposed to the project due to mitigation issues,
Environmental Impact Report deficiencies and failed public policies.
Dan Robinson, City resident, opposed the development on La Mancha due to safety
and eco system issues. He felt the decision should be postponed.
Cathy Gonzales, San Clemente resident, supported the addition of the proposed
school and continued support of our youth.
Richard Hill Adams, City resident, shared his son's support for the school. He felt
that community children should attend school together, within the community.
Tony Forster, City resident, supported the proposed school.
Lisa Garruba, City resident, voiced concern about grading, and suggested less
density and a 500 -foot buffer between developments.
Angelo Garruba, City resident, stated that it was despicable to support a
development in order to get a school and that Avenida La Mancha can not support
more than 12 homes.
Anita Richards, City resident, supported a CUSD school off of La Pata and 71
project homes. She did not support the opinion of the Ambuehl PTA or proposed
155 homes for development project.
Eva Crabbs, City resident, felt that the east canyon could not support 155 homes
and a school due to steep slopes.
Dale Barringer, City resident, supported the proposed school but was concerned
with density, traffic impacts and safety issues on Avenida La Mancha. She felt the
west canyon could support no more than 15 homes.
CC Minutes 12 5-21-02
Jim Sieger, Principal of Marco Forster Middle School, urged support for a high
school in San Juan Capistrano.
Charles Hinman, Principal of San Clemente High School, supported the proposed
high school.
Melissa Kapton, City resident, supported 12 homes at the end of La Mancha. She
felt the proposed homes should be considered separately from the high school.
Skip Jarvis, did not support 43 additional homes due to access issues.
Mayor pro tem Gelff closed the public hearing.
Council Comments:
Council Member Swerdlin ascertained the Ambuehl improvements would cost
$2.53 million; the General Plan amendment to "institutional" was a fully noticed
public hearing and, prior to the amendment, the General Plan referenced a high
school on the eastern boundary; drainage from the west canyon will drain through
the planned retention basin, at the north westerly end of the west canyon. The basin
mitigates the water quality and the drainage impacts, eventually draining to San
Juan Creek. The school district does offer bus service for all students, but service is
not mandatory. La Mancha is a private street and any efforts to limit parking on it
would need to be approved by the homeowners' association. He reviewed issues
related to stabilizing slopes within the canyons. Council Member Swerdlin was
supportive of developing programs to encourage school bus ridership. He
requested addition of RV parking, a park in Village A, traffic calming devices and
refined design standards.
John Shaw reported that staffs project analysis is based strictly on land planning
uses. The analysis to date has not in any way relied on representations by the
developer as to how many units he needs.
Stanley Hellenschmidt, Cotton Shires Associates, geotechnical consultant to the
City, reviewed issues related to slope stabilization in the west canyon area.
Council Member Campbell proposed building 15 homes in the west canyon and 160
homes in the east canyon, for a total of 175 homes, adding a buffer between
existing and proposed developments, and a retention basin.
Mr. Schwartze indicated agreement with Council Member Campbell's proposal and
a willingness to work with staff to refine it.
Mayor pro tem Gelff did not support proceeding with project approvals because the
staff recommendation was to continue the item to June 4, 2002.
CC Minutes 13 5-21-02
Council Member Hart concurred with Council Member Campbell's proposal and felt
the project needed to move forward. He requested to have the plot map come back
before the Council and a minimum buffer of 150 feet. He supported 15 units in the
West Canyon and 160 units in the east canyon.
Council Action: Moved by Council Member Hart, seconded by Council Member
Campbell and carried 3-1-1, to adopted RESOLUTION NO. 02-05-21-07 ENTITLED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE
REVISED AND RECIRCULATED ENVIRONMENTAL IMPACT REPORT FOR THE
WHISPERING HILLS ESTATES PROJECT AS COMPLETE"
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Campbell and Swerdlin
NOES: COUNCIL MEMBERS: Gelff
ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate
John Shaw, City Attorney, read the title of the Ordinance, entitled "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING A REZONE FROM "GM" TO "PC" FOR WHISPERING HILLS
ESTATES."
Council Action: Moved by Council Member Hart, seconded by Council Member
Campbell and carried 3-1-1 to approve introduction of the Ordinance rezoning from
"Growth Management" to "Planned Community" and the Comprehensive
Development Plan, as recommended by Staff, subject to changing the number of
units in the East Canyon be increased from 140 to 160.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Campbell and Swerdlin
NOES: COUNCIL MEMBERS: Gelff
ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate
Council Action: Moved by Council Member Hart, seconded by Council Member
Campbell and carried 3-1-1, to direct Staff and applicant to return to the City
Council, without referral to the Planning Commission, with a revised Tentative Tract
Map consistent with the change in units per the approved Comprehensive
Development Plan; reducing the number of units in the west canyon from 43 to 15
CC Minutes 14 5-21-02
units and increasing the number in the east canyon from 150 to 160 units; reviewing
the amount of buffer area between Hidden Mountain Estates and the west canyon;
providing a park to serve the East Canyon residential area; making provisions for
separate RV storage; and integrating traffic calming devices.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
RECESS AND RECONVENE
Hart, Campbell and Swerdlin
Gelff
Mayor Bathgate
Council recessed at 11:35 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 11:35 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. PROPOSED STAGE AT HISTORIC TOWN CENTER PARK AND LICENSE
AGREEMENT (CAMPBELL) CONTINUED TO A DATE TO BE DETERMINED
(600.30)
H2 PUBLIC WORKS DIRECTOR
a. STONE FIELD RENOVATION PROJECT: CHANGE ORDER NO.2 ($13,421.50),
CHANGE ORDER NO.3 ($43,774.94), AND CHANGE ORDER NO.4 ($63,943.74)
APPROVED (CIP NO. 470) (600.30)
Project Description: On December 4, 2002, the City Council awarded the project
construction contract to Consolidated Contracting Services. Items such as wrought
iron fencing, the entry monument, security lighting and the picnic area were bid as
alternate items, which could be added to the project as funding became available.
Funding has become available through donations of time and money from local
businesses, neighborhood residents, St. Joseph Health System Foundation and
federal, state and local government contributions. Staff is recommending approval
of Change Order Numbers 2, 3, and 4 to the original contract so that work on these
items may proceed.
Written Communication: Report dated May 21, 2002, from Amy Amirani, Public
Works Director.
CC Minutes 15 5-21-02
Moved by Mayor pro tem Gelff, seconded by Council Member Hart and carried
unanimously, 5-0, to approve Change Order No. 2 in the amount of $13,421.50,
Change Order No. 3 in the amount of $43,774.94 and Change Order No. 4 in the
amount of $63,943.74 for the Stone Field Renovation Project.
H3 COMMUNITY SERVICES DIRECTOR
a. JOINT REQUEST FOR PROPOSAL, BY THE CITIES OF DANA POINT, LAGUNA
NIGUEL, SAN CLEMENTE AND SAN JUAN CAPISTRANO, TO PROVIDE SENIOR
TRANSPORTATION SERVICES APPROVED (SENIOR MOBILITY
PROGRAWORANGE COUNTY TRANSPORTATION SERVICES) (595.501600.50)
Project Description: The City currently has an agreement with the Orange County
Transportation Authority (OCTA) to provide senior transportation services for the
Community Center nutrition program. OCTA has developed an expanded version of
the Senior Transportation Program called the Senior Mobility Program. To
determine whether or not the Senior Mobility Program is a benefit to the City, staff is
proposing the City offer a joint proposal with the cities of Dana Point, Laguna Niguel
and San Clemente to solicit para -transit companies to provide these transportation
services.
Written Communications: Report dated May 21, 2002, from Al King, Jr., Community
Services Director.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 5-0, to approve the joint request for proposal for providing
Senior transportation services.
ORDINANCES:
1. ORDINANCE NO. 864 ADOPTED ESTABLISHING OVERSIZED VEHICLE
PARKING REGULATIONS (590.30)
Project Description: The City had received complaints from residents regarding the
long-term parking of motor homes and other oversized vehicles on public streets.
An ordinance addressing this issue was introduced at the May 7, 2002, City Council
meeting. The ordinance is presented for adoption.
Written Report: Report dated May 21, 2002, from Meg Monahan, City Clerk.
Letter dated May 10, 2002, from Carolyn Nash, City resident, supporting an
ordinance restricting oversized vehicles from parking on city streets.
Letter and photo dated May 17, 2002, from Mr. & Mrs. J.H. Sullivan, city residents,
supporting the ordinance.
CC Minutes 16 5-21-02
Letter dated May 16, 2002, from John Hardgrove, city resident, suggesting that the
ordinance be modified to prevent parking for more than 72 hours in same
neighborhood, of any vehicle, on public streets.
Letter dated May 20, 2002, from William S. Webb, city resident, supporting the
ordinance.
Letter received May 21, 2002, from Keith Stroud, city resident, suggesting an
exemption for people over 65 who use their RV's as an active part of their life.
Oral Presentation: Lieutenant Rick Stahr, Chief of Police Services, reviewed the
proposed ordinance.
Public Comment:
Richard Day, city resident, sighted unfair ticketing of his trailer attached to his
vehicle and felt more consideration should be given to RV owners.
Chris James, city resident, stated he was ticketed constantly for having his trailer
hooked to his vehicle and more restrictions will force neighbors to park on their
lawns.
Gene Mallard, city resident, indicated that his homeowners association was not
notified of the ordinance and suggested that the ordinance should address RV's
less than 25 feet and the City should consider additional RV storage facilities.
Linda Keeler, city resident, felt that the code does not need amending and the 72
hour ordinance needs to be strictly enforced.
Dawn Schanderl, Deputy City Clerk, read the title 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".
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Campbell and carried unanimously, 5-0, to adopt Ordinance 864, establishing
oversized vehicle parking restrictions.
CC Minutes 17 5-21-02
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Orange County Vector Control District (560.50): District office, 13001 Garden Grove
Blvd., Garden Grove will host an open house the week of May 20 through 24, 2002,
from 9:00 a.m. to 3:00 p.m. The Vector of the Month - Flies that cause Myiasis.
Requested that the City Manager send a letter to Assemblyman Bill Campbell to
asking that funding be maintained at $2.5 million for the Orange County Fire Ant
Authority, anticipating State budget cuts.
COUNCIL COMMENTS: None
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 12:10 a.m. to a
Regular meeting, Tuesday, June 4, 2002, in the City Council Chamber.
Respectfully subm
R. MONAHAN, CITY CLERK
June 18, 2002
ATTEST:
DIANE BATHGATE,
0
CC Minutes 18 5-21-02