02-0604_CC_Minutes_Regular MeetingMINUTES
June 4, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
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 7:02 p.m. in the City Council Chamber. Council
Member Swerdlin led the Pledge of Allegiance and gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David Swerdlin,
Mayor pro tem Gelff and Mayor Bathgate
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Thomas Tomlinson,
Planning Director; William Huber, Engineering and Building Director; Cynthia Russell,
Administrative Services Director; Lt. Rick Stahr, Chief of Police Services; Al King, Jr.,
Community Services Director; Amy Amirani, Public Works Director
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
INTRODUCTIONS AND PRESENTATIONS
1. GINA DAPPEN RECEIVED OUTSTANDING CROSSING GUARD OF THE
YEAR AWARD & CERTIFICATE OF APPRECIATION (610.40): Don Brown, All
City Management Services, presented Ms. Gina Dappen the 2001-2002
Outstanding Crossing Guard of the Year award. Mayor Bathgate presented
Dappen with a Certificate of Appreciation from the City.
2. JUNE 2002 DESIGNATED AS "DROWNING PREVENTION AND AWARENESS
MONTH" (610.40): Mayor Bathgate presented a proclamation to Battalion Chief
Steve Whitaker, Orange County Fire Authority, proclaiming June 2002 as
"Drowning Prevention and Awareness Month."
3. JAY LAMOTHE RECOGNIZED FOR 20 YEARS OF SERVICE TO THE CITY;
AND STACIE ANDO RECOGNIZED FOR 15 YEARS OF SERVICE TO THE
CITY (730.90): Cynthia Russell, Administrative Services Director, honored Jay
LaMothe, Field Customer Service Representative, for 20 years of service to the
City and Stacie Ando, Customer Service Representative, for her 15 years of
service to the City. Council Member Hart presented LaMothe with a Certificate of
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Appreciation and Mayor Bathgate presented Ando with a Certificate of
Appreciation.
4. JIM PARKER, ASSOCIATED SENIOR ACTION PROGRAM VOLUNTEER,
HONORED & RECEIVED 5,500 HOURS OF SERVICE PIN (610.40): Council
Member Campbell honored Jim Parker, Associated Senior Action Program
Volunteer, and presented him with a 5,500 Hour Pin, recognizing his 5,500 hours
of service to the City. Julia Emerson, representing State Senator Bill Morrow,
presented Parker with a Certificate of Recognition from the California State
Senate.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10): The
following individuals were present: Marie Buckner and Joann de Guevara,
Housing Advisory Committee Members; Don Tryon, Cultural Heritage
Commissioner; and Gil Jones, former Mayor.
ORAL COMMUNICATIONS: None
CONSENT CALENDAR
Moved by Council Member Hart, seconded by Council Member Swerdlin and carried
unanimously to approve Items 1, 2, and 4 through 6 as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF MAY 7, 2002: APPROVED AS
SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED MAY 16, 2002 IN THE AMOUNT
OF $946,443.21; AND PAYROLL WARRANTS DATED MAY 9, 2002, IN THE
AMOUNT OF $222,980.61 RECEIVED AND FILED (300.30):
This item was pulled from the Consent Calendar to allow for Mayor Bathgate to
abstain from voting.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBER:
Hart, Campbell, Swerdlin and Gelff
None
Bathgate
4. REPORT OF INVESTMENTS — MONTH ENDING APRIL 30, 2002 RECEIVED
AND FILED (350.30)
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5. RESOLUTION NO. 02-06-04-01 ADOPTED ENTITLED " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING COMPLETION AND ACCEPTANCE OF WORK
IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR
THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND PRIVATE
IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY, AS PREVIOUSLY
CONDITIONS WITH FINAL MAP APPROVAL OF PARCEL MAP 99-107
(ASSESSOR'S PARCEL NO. 645-361-03) (TMC SAN JUAN, LLC/SYCAMORE
COMMONS)(NORTHEAST CORNER, JUNIPERO SERRA ROAD & CAMINO
CAPISTRANO) (600.30)
6. LEASE EXTENSION WITH AVAYA COMMUNICATION, INC. APPROVED AND
THE CITY MANAGER AUTHORIZED TO EXECUTE THE APPROPRIATE
DOCUMENTS (600.20)
PUBLIC HEARINGS - None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY: (Refer to
Agency minutes)
CAPISTRANO VALLEY WATER DISTRICT: (Refer to Water District Minutes)
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. RESOLUTION NO. 02-06-04-02 ADOPTED SUPPORTING EXTENDED
PRODUCER RESPONSIBILITY LEGISLATION RELATED TO DISPOSAL
OF COMPUTER AND RELATED PRODUCTS (660.40)
Project Description: CRTs (Cathode Ray Tubes) contain hazardous
materials and are subject to management controls based on the risk they
pose to the environment and public health. Electronic waste is a rapidly
growing portion of the solid waste stream contributing about 70% of the
heavy metals found in landfills. Staff recommends support of Extended
Producer Responsibility (EPR) legislation that would encourage
electronics producers to take responsibility for product reuse and
recycling.
Written Communications: Agenda Report dated June 4, 2002, from
Douglas D. Dumhart, Principal Management Analyst. Correspondence
received June 3, 2002 from Kevin M. Greene, Policy Associate,
Californians Against Waste Foundation, requesting support for SB 1523
and SB 1619.
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Presentations: Douglas Dumhart, Principal Management Analyst,
reviewed the staff recommendation and responded to questions from the
City Council. He recommended that Council support the resolution as
originally proposed, rather than also supporting SB 1523 and SB 1619 as
requested by Californian's Against Waste Foundation. He reported that
these two Senate Bills lacked legislation that would positively impact
cities.
Council Action: Moved by Council Member Hart, seconded by Council
Member Swerdlin and carried unanimously to adopted Resolution No.
02-06-04-02 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
LEGISLATION THAT REQUIRES COMPUTER AND OTHER
HAZARDOUS ELECTRONICS PRODUCERS TO TAKE
RESPONSIBILITY FOR REUSE AND RECYCLING OF THEIR
PRODUCTS."
H2. PLANNING DIRECTOR
a. GENERAL PLAN AMENDMENT STUDY INITIATED RELATED TO
FLOOR AREA RATION FOR INDUSTRIAL PARK DESIGNATION —
SELF -STORAGE USE (JORDAN ARCHITECTS, INC.)(440.25):
Project Description: Jordan Architects, applicant, requested modification
of the floor area ratio (FAR) requirement for industrial Park land use
designation of the Land Use Element to allow for a separate FAR for self -
storage facilities. Staff recommended that Council approve initiation of a
general plan amendment study to consider the request.
Written Communications: Agenda Report dated June 4, 2002, from
Thomas Tomlinson, Planning Director.
Presentations: Thomas Tomlinson, Planning Director, reviewed the
application and Staff recommendation.
Council Member Campbell stressed that her support to study this request
should not be considered support for an amendment.
Mayor Bathgate requested close attention to the scale of potential
developments in relationship to surrounding buildings.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council
Member Campbell and carried unanimously to approve initiation of a
General Pian Amendment study to consider the modification of the Floor
Area Ratio for the Industrial Park designation as it would apply to a self -
storage land use.
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H3. ENGINEERING AND BUILDING DIRECTOR
a. FISCAL YEARS 2002-2009 CITY SEVEN-YEAR CAPITAL
IMPROVEMENT PROGRAM INTRODUCED (330.40)
Proiect Description: This item serves as the introduction of the seven-year
Capital Improvement Program (CIP). It is required to provide consistency
with the requirements of the State Congestion Management Program and
the County Measure M Program. The 2002-03 Capital Improvement
Program funds $17,155,784 in projects from a variety of funding
programs. No Council action is recommended as this item is scheduled
for a public hearing on June 18, 2002 to receive public testimony.
Written Communications: Report dated June 4, 2002, from William Huber,
Engineering and Building Director.
Presentations: William Huber, Engineering and Building Director provided
the CIP introduction.
Council Action: Moved by Council Member Hart, seconded by Council
Member Swerdlin and carried unanimously to receive and file the report
introducing the 2002-2009 City Seven -Year Capital Improvement
Program.
b. FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR
TRACT 15701 APPROVED (STONEFIELD DEVELOPMENT) (600.30):
Proiect Description: The project development has submitted the Final
Map for the 3.24 -acre residential development. The map has been found
to be in conformance with the Tentative Tract Map and the Subdivision
Map Act and needs formal action by the Council for approval.
Written Communications: Report dated June 4, 2002, from William Huber,
Engineering and Building Director.
Presentations: William Huber, Engineering and Building Director reviewed
the staff recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by
Council Member Hart and carried unanimously to approve Final Map for
Tract No. 15701, as it conforms to the requirements set forth in the
Subdivision Map Act and the approved Tentative Tract Map conditions;
authorize the City Engineer and City Clerk to execute the final Map;
authorize the Mayor and City Clerk to execute the Subdivision
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Improvement Agreement and accept the corresponding securities; and
direct the City Clerk to forward the Map and Subdivision Agreement to the
County Recorder
C. LOS RIOS HISTORIC DISTRICT PARKING LOT — ALTERNATIVE 1
APPROVED WITH PHASED COMPLETION PROCESS (CIP NO.
125)(570.70):
Project Description: Two alternatives for design of a parking lot for the
Los Rios Historic District have been prepared for Council's consideration.
Staff recommends approval of Alternative 1 with a phased approach to
construction. The proposal also needs to be referred to the Environmental
Administrator and Commissions for review.
Written Communications: Report dated June 4, 2002 from William Huber,
Engineering and Building Director.
Presentations: William Huber, Engineering and Building Director, reviewed
the design and budget estimates for the two proposals for development of
the parking lot.
Public Comment:
Claudia Niccola, 31721 Los Rios Street, preferred Alternative 1 and
commended Staff for their hard work on the project.
Council Action: Moved by Council Member Hart, seconded by Council
Member Campbell and carried unanimously to approve Alternative 1
Concept Plan for the Los Rios Historic District Parking Lot; direct Staff to
submit the project to the Environmental Administrator for environmental
determination and Commission referral; and phase project scope in 3
phases, initiating construction of basic parking lot in Phase 2, dependent
upon availability of funding.
H4. ADMINISTRATIVE SERVICES DIRECTOR
a. FISCAL YEAR 2002-03 OPERATING FUND BUDGET INTRODUCED
(330.20):
Project Description: This item serves to introduce the 2002-2003 City
operating fund budget. No action by Council is recommended as the item
is scheduled for a public hearing on June 18, 2002 to receive public
testimony.
Written Communications: Report dated June 4, 2002, submitted by
Cynthia Russell, Administrative Services Director.
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Presentations: Cynthia Russell, Administrative Services Director reviewed
the operating budget.
Lt. Rick Stahr, Chief of Police Services, responding to Council Members'
questions, reported that probation and gang enforcement measures
continue to be successful and the City's resources committed to law
enforcement fall in the mid-range per capita compared with other Orange
County cities.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council
Member Swerdlin and carried unanimously to receive and file report
introducing the Fiscal Year 2002-03 Operating Fund Budget.
ORDINANCES: None
COUNCILMANIC ITEMS:
1. ORAL REPORTS FROM OUTSIDE AGENCIES: None
2. COUNCIL COMMENTS:
Council Members commended and supported Mayor pro tem Gelffs involvement
with the Railroad Double -Track issue.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8:31 p.m. to
Thursday, June 13, 2002 at 6:00 p.m. in the City Council Chamber for a City Council
Work Session.
Respectfully submitted,
R. MONAHAN, CITY CLERK
pted: July 2, 2002
ATTEST:
DIANE BATHGATE, MAYOR
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NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, at its Regular meeting of June 4, 2002, adjourned said meeting to Thursday,
June 13, 2002 at 6:00 p.m. in the City council Chamber, 32400 Paseo Adelanto, San
Juan Capistrano.
DATED: June 4, 2002
t�
arg ret R. Monahan, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City council
chamber on June 4, 2002 within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
M g et R. Monahan, City Clerk