02-0618_CC_Minutes_Regular MeetingMINUTES
June 18, 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.
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 7:04 p.m. in the City Council Chamber. Council Member
Wyatt Hart led the Pledge of Allegiance to the Flag. Council Member David M. Swerdlin
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; Omar Sandoval, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; William A. Ramsey, Principal Planner; William M. Huber,
Engineering and Building Director; Al King, Jr., Community Services Director; Lt. Rick
Stahr, Chief of Police Services; and, Dawn Schanded, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - No action taken
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
Mayor Pro Tem Gelff Presented an Award from the American Diabetes Association
to Council Member Campbell for her Support of the Walk for Diabetes.
2. Mayor Bathgate recognized the participants and presenters for the Leadership
Academy. Participants included: Catharine Supance, Cherie Brenner, Denise Finch,
Ed Johnston, Fred Gabel, James Whipple, Jan Siegel, Jess Ann Andrews, Joseph
Harrison, Kim Chetney, Laura Ghahreman, Marge Madigan, Pat Bauer, Richard Hill
Adams, Rito Armenta, Ruth Barkley, Timothy Byers, Tori Haidinger, and William
Frey. Presenters included: George Scarborough, Julia Silva, Diane Bathgate, Tom
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Tomlinson, Rick Stahr, Amy Amirani, Al King, Karen Crocker, Linda Evans, Tony
Foster, Bill Huber, Dan McFarland, Cindy Russell, Francie Kennedy, Mechelle
Lawrence, and Douglas Dumhart.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Naomi Aguero,
Youth Advisory Board; Joann de Guevara and Marie Buckner, Housing Advisory
Committee; Ilse Byrnes and Bob Cardoza, Parks, Recreation and Equestrian
Commission; Jan Siegel and Don Tryon, Cultural Heritage Commission; Les Blair,
Liaison to the Seniors; and Sheldon Cohen, Planning Commission.
ORAL COMMUNICATIONS:
(CITY COUNCI,LICOMMUNITY REDEVELOPMENT AGENCY/WATER DISTRICT
Ilse Byrnes expressed concerns regarding evacuation procedures at stables, citing
problems associated with a recent incident. She requested formation of a task force
to develop a plan for future emergency equine evacuation needs.
George Scarborough, City Manager, suggested that staff meet with Mrs. Byrnes and
develop a method for addressing the issue and communicating back to the City
Council regarding the progress.
2. Erin Cutnick, city resident, thanked the Council for supporting the Whispering Hills
project that included construction of a High School for the community.
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart
and carried unanimously, 5-0, to approve items 1 through 12 and 15 as recommended by
Staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF MAY 21, 2002, APPROVED AS
SUBMITTED
3. CASH BALANCES BY FUND FOR APRIL 30, 2002, RECEIVED AND FILED
(330.50)
4. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED
(440.10)
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5. RENEWAL OF CROSSING GUARD AGREEMENT APPROVED WITH ALL CITY
MANAGEMENT SERVICES FOR SERVICES OF FIVE CROSSING GUARDS FOR
THE PERIOD OF JULY 1, 2002 THROUGH JUNE 30, 2003, IN THE AMOUNT OF
$46,080; AND, MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (600.30)
6. WARRANTS DATED MAY 30, 2002, IN THE AMOUNT OF $850,191.53, AND
PAYROLL WARRANTS DATED MAY 23, 2002, IN THE AMOUNT OF $231,450.65,
RECEIVED AND FILED (300.30)
7. RESOLUTION NO. 02-06-18-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 5, 2002, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;"
RESOLUTION NO. 02-06-18-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION AND SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2002, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT
TO SECTION 10403 OF THE ELECTIONS CODE;" RESOLUTION NO. 02-06-18-
03ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENT SUBMITTED TO THE VOTERS AT ELECTIONS TO BE HELD ON
TUESDAY, NOVEMBER 5, 2002;" AND, RESOLUTION NO. 02-06-18-04
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA; PROVIDING FOR THE CONDUCT
OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT
OF A TIE VOTE AT ANY MUNICIPAL ELECTION" (630.20)
8. PURCHASE OF ONE VANGUARD "PAY -BY -SPACE" PARKING METER
APPROVED FROM PACIFIC PARKING SYSTEMS, INC. (370.30)
9. CONTRACT FOR CONSTRUCTION OF THE HISTORIC TOWN CENTER PARK
RESTROOMS PROJECT (CIP NO. 460) AWARDED TO THE LOWEST
RESPONSIBLE BIDDER, FRIESS COMPANY BUILDERS, INC., IN THEAMOUNT
OF $149,180.00, AND ALL OTHER BIDS REJECTED. MAYOR AUTHORIZED TO
EXECUTE CONTRACT (600.30)
10. EXECUTION OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEMS (NPDES) STORM WATER IMPLEMENTATION AGREEMENT
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APPROVED W ITH THE COUNTY OF ORANGE; AND, MAYOR AUTHORIZED TO
EXECUTE THE AGREEMENT (600.50)
11. CONTRACT FOR THE MAJOR SEWER REPAIR PROJECT (CIP NO. 728)
AWARDED TO INSITUFORM TECHNOLOGIES, INC., THE LOWEST
RESPONSIBLE BIDDER, IN THE AMOUNT OF $365,766.20; ALL OTHER BIDS
REJECTED; AND MAYOR AUTHORIZED TO EXECUTE THE DOCUMENTS ON
BEHALF OF THE CITY (600.30)
12. RESOLUTION NO. 02-06-18-05 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING TO WAIVE FORMAL COMPETITIVE BID REQUIREMENTS FOR
CERTAIN WORK BASED UPON EMERGENCY CIRCUMSTANCES (STORM
DRAIN RELOCATION, LOT C AND LOT 200, TRACT 129541CUMMING) (CIP NO.
146) (600.30)
13. RESOLUTION NO. 02-06-18-06 ADOPTED, APPROVING RELOCATION PLAN
FOR THE HEAD START FACILITY, SUBJECT TO CONDITIONS (260.10)
Project Description: The City proposed to relocate an existing educational facility
presently located at the City Hall complex due to the planned construction of a
Ground Water Recovery Facility at this location. The propose new interim location
is on City -owned property immediately north of the San Juan Capistrano Library,
with access from EI Camino Real. The City also proposed locating a modular
classroom building at the new site, for a maximum of five years.
Written Communications: Report dated June 18, 2002, from Tom Tomlinson,
Planner Director.
Public Comments:
Jess Sumich, City resident, was concerned about the aesthetic quality of the
proposed Head Start facility.
Sharon McCaig, City resident, felt the Head Start facility would be unattractive and
create both vehicular and pedestrian traffic problems.
George Scarborough noted item had been reviewed extensively by the Design
Review Committee and the Planning Commission to ensure details of the design
were looked at sensitively.
William A. Ramsey, Principal Planner, stated city staff went through an analysis of
alternative sites, taking into consideration acreage, compatibility with surrounding
uses as well as location of the clientele population.
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Council Comments:
Council Member Campbell ascertained that a permanent site for the facility would
be found within five years. She requested a condition to provide project
landscaping.
Council Member Swerdlin ascertained that perimeter loop, with an off-street que
would accommodate site traffic. He requested landscape improvements and report
to Council.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to adopt Resolution No. 02-06-18-06
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING THE ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVAL OF RELOCATION PLANS FOR THE HEAD START
EDUCATION CENTER TO THE FUTURE CIVIC CENTER LOCATED ON THE
WEST SIDE OF EL CAMINO REAL BETWEEN THE SAN JUAN CAPISTRANO
LIBRARY AND THE CAPISTRANO UNIFIED SCHOOL DISTRICT ADULT
EDUCATION SCHOOL FOR AN INTERIM FIVE-YEAR PERIOD;" subject to
conditions, and staff directed to review with the City Council the proposed
aesthetics, including structures and landscaping, prior to installation.
14. PURCHASE OF POLICE SERVICES OFFICE FURNISHINGS FROM
INTERSERVICE IN THE AMOUNT OF $24,315.75 CONTINUED TO THE
MEETING OF JULY 2, 2002 (370.30)
Proiect Description: Police Services furniture is in poor condition and needs
replacing. Staff has investigated purchasing used furniture, in compliance with the
City's furniture purchasing policy. Staff was unable to locate used furniture that
would fit the space and meet department needs. Based on a competitive bid, Staff
recommends that the furniture be purchased from Interservice.
Written Communications: Report dated June 18, 2002, by Lt. Rick Stahr, Chief of
Police Services.
Public Comment:
Mark Nielsen, City resident, believed that used furniture should be purchased
resulting in a $7,000 savings.
George Scarborough, City Manager, recommended item be continued foradditional
review.
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Council Comment: Moved by Council Member Hart, seconded by Council Member
Campbell and carried unanimously, 5-0, item was continued to the July 2, 2002
meeting.
15. RENEWAL AGREEMENT WITH SECURTEC DISTRICT PATROL APPROVED TO
PROVIDE SUPPLEMENTAL PARKING ENFORCEMENT OF OVERNIGHT
PARKING PERMIT PROGRAM IN THE RESIDENTIAL NEIGHBORHOOD KNOWN
AS CAPISTRANO VILLAS FOR THE PERIOD OF JULY 1, 2002 THROUGH JUNE
30, 2003, IN THE AMOUNT NOT TO EXCEED $4,500; AND CITY MANAGER
AUTHORIZED TO EXECUTE THE AGREEMENT (600.30)
PUBLIC HEARINGS:
1. RESOLUTION NO. 02-06-18-07 ADOPTED APPROVING FISCAL YEAR 2002-
2003 OPERATING FUND BUDGETS (330.20)
Written Communications: Report dated June 18, 2002, from Cynthia L. Russell,
Director of Administrative Services.
Oral Presentation: Cynthia L. Russell, Director of Administrative Services, outlined
the staff report and recommendations.
Mayor Bathgate opened the public hearing and there being no response, 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. 02-06-18-07 Entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A PROPOSED OPERATING BUDGET
AND AUTHORIZED EXPENDITURES AND APPROPRIATIONS RELATED
THERETO."
2. ORDINANCE INTRODUCED AMENDING THE COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 78-1 FOR THE ORTEGA PLANNED COMMUNITY,
MODIFYING EXHIBIT B TO REMOVE LAND USE INFORMATION (REZONE 01-
13) (ORTEGA CENTER) (460.20)
Applicant: Margaret Cogdell, Newco Management Company, LLC
Project Description_ Newco Management Company has requested approval of a
rezone application to amend the use provisions and the planning subsection
designations of Planning SectorA-2 of the Ortega Planned Community. Expanding
the range of permitted uses in the Ortega Center to include commercial offices
would be consistent with the General Plan land use designation which provides that
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commercial offices are appropriate. The text amendment would modify Exhibit B
of the staff report eliminating industrial uses. Staff recommends the City Council
find the project consistent with applicable General Plan goals, policies, and
objectives.
Written Communications: Report dated June 18, 2002, from Thomas Tomlinson,
Director of Planning.
Oral Presentation: William A. Ramsey, Principal Planner, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 5-0, to approve introduction of an Ordinance amending
the Comprehensive Development Plan (CDP) 78-01 for the Ortega Planned
Community.
3. RESOLUTION NO. 02-06-18-08 ADOPTED APPROVING THE 2002-2009
CAPITAL IMPROVEMENT PROGRAM (330.40)
Written Communications: Report dated June 18, 2002, from William M. Huber,
Director of Engineering and Building.
Oral Presentation: William M. Huber, Director of Engineering & Building, reviewed
the proposed Capital Improvement Program noting one change affecting the
drainage funds as a result of a litigation settlement. The builders, Marbella
Development, are required to pay $40,000 with the City paying the remaining costs
to relocate an out -of -easement storm drain. The City is required by the Settlement
Agreement to relocate the storm drain by September 30, 2002. Recent cost
estimates are $83,000 of which $43,000 is additional City funds.
Mayor Bathgate opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to adopt Resolution No. 02-06-18-08
Entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES RELATED TO THE 2002-2009 CITY SEVEN
YEAR CAPITAL IMPROVEMENT PROGRAM" including adjustment of additional
$43,000 to the drainage fund budget.
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4. RESOLUTION NO. 02-06-18-09 ADOPTED APPROVING THE ABANDONMENT
OF A HIKING AND EQUESTRIAN TRAIL EASEMENT ADJACENT TO THE WEST
AND SOUTH BOUNDARIES OF LOT 5 OF TRACT 9682; (32052 COOK LANE)
(DECK) (670.50)
Project _Description: Dr. Kenneth Deck requested that the City abandon trail
easements along the west and south sides of his 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. At the May 21, 2002, City
Council meeting staff was directed to initiate the abandonment proceedings.
Written Communications: Report dated June 18, 2002, and Memorandum, dated
June 17, 2002, from William M. Huber, Director of Engineering and Building.
Letter received from Brandon R. Birtcher, city resident, expressing full support of
Dr. Deck's request for approval of abandonment.
Oral Presentation: William M. Huber, Director of Engineering & Building, reviewed
the staff recommendation. Mr. Huber noted at the May 21, 2002, meeting that Mr.
Scalzo and Mr. Goldstein had concerns regarding the proposed easement issue
which has since been clarified. Mr. Goldstein has withdrawn his complaint.
Responding to Council Member questions, Mr. Huber confirmed that Dr. Deck had
paid for the backyard fence. The City had demolished Dr. Deck's irrigation system,
due to trail grading, and therefore replaced it. The City also relocated a tree from
the trail to the Deck property, as the cost was less than removing and disposing of
the tree.
Mayor Bathgate opened the public hearing and there being no response, closed the
public hearing.
Moved by Council Member Campbell, seconded by Mayor pro tem Gelff and carried
unanimously, 5-0, to adopt Resolution No. 02-06-18-09 Entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE ABANDONMENT OF THE PUBLIC HIKING AND
EQUESTRIAN TRAIL EASEMENT ADJACENT TO THE WEST AND SOUTH
BOUNDARIES OF LOT 5 OF TRACT 9682 TO THE KENNETH B. DECK TRUST
(ASSESSORS PARCEL NO. 673-061-43);" Mayor authorized to execute the
Quitclaim Deed; and City Clerk directed to forward the Deed to the Orange County
Recorder.
5. STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANTEE
PERFORMANCE REPORT APPROVED FOR STATE GRANT 99-STBG-1379 FOR
FISCAL YEAR 2001-2002 (480.20)
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Project Description: In 1999, the City was awarded a $500,000 State of California
Housing and Community Development Department Community Development Block
Grant. Annually, the City is required to provide the State with a Grantee
Performance Report describing the status of grant expenditures. This Grantee
Performance Report is the final report required by the State under this grant.
Written Communication: Report dated June 18, 2002, from Thomas Tomlinson,
Planning Director.
Mayor Bathgate opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Campbell, seconded by Council Member
Hart and carried unanimously, 5-0, to approve the State Community Development
Block Grant Program Grantee Performance Report for State Grant 99-STBG-1379
(Fiscal Year 2001-2002).
RECESS AND RECONVENE
Council recessed at 8:35 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency, Capistrano Valley Water District meetings and the San Juan
Capistrano Public Financing Authority reconvened at 8:43 p.m.
ADMINISTRATIVE ITEMS
11. PUBLIC WORKS DIRECTOR
a. RESOLUTION NO. 02-06-18-10 ADOPTED DECLARING CITY'S INTENTION TO
PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR
CERTAIN EXISTING LANDSCAPE MAINTENANCE DISTRICTS; RESOLUTION
NO. 02-06-18-11 ADOPTED INITIATING PROCEEDINGS FOR FORMATION OF
A SPECIAL ASSESSMENT DISTRICT FOR BELFORD TERRACE LANDSCAPE
MAINTENANCE; AND, RESOLUTION NO. 02-06-18-12 ADOPTED DECLARING
INTENTION TO FORM A SPECIAL ASSESSMENT DISTRICT AND PROVIDE
LEVY AND COLLECTION OF ASSESSMENTS FOR BELFORD TERRACE
LANDSCAPE MAINTENANCE DISTRICT (345.20)
Proiiect Description: Atthe meeting of April 16, 2002, the Council approved initiation
of proceedings for ordering the preparation of engineer's reports for proceedings for
the annual levy assessment for the six landscape maintenance districts in the City.
In addition, the Belford Terrace district property owners requested an increase for
capital projects by initiating Proposition 218 proceedings for increasing the district
assessments. Staff recommends approval of the annual levy and initiation of
proceedings for the special assessment district for Belford Terrace.
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Written Communications: Report dated June 18, 2002, from Amy Amirani, Director
of Public Works Director.
Oral Presentation: Cynthia L. Russell, Director of Administrative Services, reviewed
the staff recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Campbell and carried unanimously, 5-0, to adopt the following resolutions:
Resolution No. 02-06-18-10 entitled "A RESOLUTION OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN
MAINTENANCE IN EXISTING DISTRICTS, PURSUANTTOTHE PROVISIONS OF
DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE
STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS
FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT,
AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING THEREON;"
Resolution No. 02-06-18-11 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE FORMATION OF A SPECIAL ASSESSMENT
DISTRICT DESIGNATED AS THE BELFORD TERRACE LANDSCAPE
MAINTENANCE DISTRICT AND THE LEVY OF ANNUAL ASSESSMENTS
THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT
ENGINEER'S REPORT;" and Resolution No. 02-06-19-012 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO FORMA SPECIAL
ASSESSMENT DISTRICT DESIGNATED AS THE BELFORD TERRACE
LANDSCAPE MAINTENANCE DISTRICT, AND TO PROVIDE THE LEVY AND
COLLECTION OF ASSESSMENTS IN SUCH DISTRICT, SETTING A TIME AND
PLACE FOR PUBLIC HEARING THEREON, ORDERING THE INITIATION OF
ASSESSMENT BALLOT PROCEDURES, AND DISSOLVING THE EXISTING
BELFORD TERRACE OPEN SPACE MAINTENANCE DISTRICT."
12. COMMUNITY SERVICES DIRECTOR
a. THREE-YEAR LICENSE AGREEMENT EXTENSION WITH CAPISTRANO BEACH
CITIES YMCA APPROVED FOR CONTINUED REUSE OF THE OLD FIRE
STATION FACILITIES FOR ADMINISTRATION PURPOSES (600.30)
Proiect Description: In April 2002, the City of San Juan Capistrano received a
written request from the Capistrano Beach Cities YMCA seeking a three-year
extension of their license agreement for facility usage at the Old Fire Station site for
administrative purposes only. Staff recommends approval of the request.
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Written Communications: Report dated June 18, 2002, from AI King, Jr., Director
of Community Services.
Council Comments: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously 5-0, to approve the three-year license agreement
extension with Capistrano Beach Cities YMCA for continued reuse of the Old Fire
Station facilities for administration purposes.
13. ENGINEERING & BUILDING DIRECTOR
a. CONSIDERATION OF AMENDMENT TO THE INTERIM MODIFIED CONDITIONS
OF APPROVAL FOR SADDLEBACK VALLEY CHRISTIAN SCHOOL TO DELETE
CONDITION 7 CONTINUED TO A FUTURE MEETING; STAFF TO ADDRESS
LONG-TERM SAFETY ISSUES (OSO RANCH COMPANY) (REZONE 99-
2/ARCHITECTURAL CONTROL 99-5) (460.201410.60)
Pro'ect Description: Saddleback Valley Christian School requested that Condition
7, of the Interim Modified Conditions of Approval, approved by the City Council of
September 5, 2002, be deleted. The condition requires use of a Sheriff Deputy for
traffic control during peak hours. Police Services evaluated the current traffic flow
conditions and agrees that a Deputy is no longer needed forthese purposes. Staff
recommends amending the Conditions to remove this requirement.
Written Communications: Report dated June 18, 2002, from William M. Huber,
Director of Engineering & Building.
Oral Presentation: William M. Huber, Director of Engineering & Building, reviewed
the staff recommendation.
Council Comments:
Council Member Campbell felt that the City should reserve the option to reinstate
the condition based on traffic conditions. She felt the City needed to continue to
monitor the area to protect the children using the site.
Council Member Hart requested that a letter be sent to the school advising that
Council will require full improvements of the signal and railroad crossing prior to
enrollment reaching 500 students.
Council Actions: Moved by Council Member Campbell, seconded by Mayor pro
tem Gelff and carried unanimously, 5-0, to continue the item to address the long-
term safety issues.
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14 PLANNING DIRECTOR
a. ORDINANCE NO. 865 ADOPTED APPROVING REZONE 01-09 (WHISPERING
HILLS, LLC) (420.401460.201410.801410.85)
Mayor Bathgate abstained from this item and left the Council Chamber.
Applicant: Dennis Gage, Whispering Hills LLC
Proiect Description: First reading and introduction of an ordinance requesting a
rezone from "GM" to "PC" for Whispering Hills Estates and the Community
Development Plan for Whispering Hills Estates Planned Community, providing for
a public high school and a maximum of 175 dwelling units was approved May 21,
2002. Approval of second reading and adoption is necessary to complete the
process of adopting the Ordinance.
Written Communications: Report dated June 18, 2002, by Thomas Tomlinson,
Director of Planning.
Letterdated June 17, 2002, from Marlena Byrne of Shute, Mihaly & Weinberger LLP
regarding their clients, Citizens Against Uncontrolled San Juan Capistrano
Expansion (CAUSE), consideration of a referendum against the ordinance if
adopted.
Letter dated June 17, 2002, from Pat Bauer, City resident, regarding concerns of
ridgeline exception.
Letter dated June 18, 2002, from Phillip R. Schwartze, President of the PRS Group,
providing updated versions of computer simulations of the plan revised by Council
action of May 21, 2002.
Oral Presentation: Larry Lawrence, Consulting Project Manager, provided a
summary of the proposed project and approval processing. The Ordinance has
been revised to respond to the Council's requests for a private park in the East
Canyon area; minimum 150 -foot buffer between the new west canyon lots and the
existing lots in Hidden Mountain Estates; use of traffic calming devices; review of
the need for a recreational vehicle storage area within the project; City review of
design and colors for the new residential development; and, a grading plan review
and grading operations review to be allowed prior to approval of a tentative map.
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Public Comments:
Mark Nielsen, City resident, Co -Chair of CAUSE, requested that Council omit the
ridgeline exception, address grading issues, finalize dedication of play fields, and
address building setbacks.
Richard Hill Adams, City resident, supported the project,
Phillip Schwartze, representing the applicant, referred to computer simulation and
addressed issues related to grading permits and dedication of play fields.
David A. Doomey, Assistant Superintendent of Capistrano Unified School District,
supported the project and noted community support for bond issue to build high
school.
Eva Crabbs, City resident, was opposed to the project and felt construction of a high
school should not be tied to developer's project financing. She opposed moving
item to be heard near the beginning of the agenda.
Meg Monahan, City Clerk, 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 Campbell, seconded by Council Member
Swerdlin and carried 3-1-1 to adopt Ordinance No. 865 approving a rezone from
"GM" to "PC" for Whispering Hills Estates and the Community Development Plan
for Whispering Hills Estates Planned Community, providing for a public high school
and a maximum of 175 dwelling unit.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Campbell and Swerdlin
NOES: COUNCIL MEMBER: Gelff
ABSTAIN: COUNCIL MEMBER: Mayor Bathgate
Moved by Council Member Hart, seconded by Council Member Swerdlin and carried
unanimously to consider an item not on the agenda, related to requesting the City
Attorney to prepare a report and recommendation concerning the option of placing
a measure on November 5, 2002 ballot to seek the voters' response on sale of the
Lower Rosan Property, owned by the Community Redevelopment Agency, to Home
Depot.
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Moved by Council Member Hart, seconded by Council Member Swerdlin and carried
unanimously to request the City Attorney to prepare a report and recommended
actions for consideration of sale of the Lower Rosan property to Home Depot on the
November 5, 2002 ballot.
ORDINANCES: - None
COUNCILMANIC ITEMS
1. COUNCIL MEMBERS SWERDLIN AND CAMPBELL SELECTED AS APPOINTEES
OF THE COUNCIL SUBCOMMITTEE TO REVIEW GRANT FUNDING REQUESTS
AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL (330.20)
Project Description: Each year the City entertains requests from community
organizations for City funding to support their programs. The proposed budget for
the 2002-03 fiscal year reflects an allocation of $47,000 to assist community
organizations. In addition, two members of the City Council will be appointed to a
subcommittee to evaluate the funding request.
Council Action: Moved by Mayor Bathgate, seconded by Council Member Hart and
carried unanimously, 5-0, to appoint Council Members Swerdlin and Campbell to
serve as the City Council appointees to the subcommittee.
2. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES
Mayor pro tem Gelff, representing the City Council subcommittee to review annual
appointments to Commissions, Boards and Committees, presented the
subcommittee's recommendation.
Moved by Council Member Campbell, seconded by Council Member Swerdlin and
carried unanimously to appoint the following individuals to committees and
commissions, as recommended by the City Council subcommittee, terms ending
March 31, 2003 and the City Clerk directed to seek applications for Parks,
Recreation and Equestrian Commission member.
CULTURAL HERITAGE COMMISSION: Jess Ann Andrews, Lorie Porter, David
Belardes, Janet Siegel, Don Tryon, Mozelle Sukut, and Tony Forster
PARKS, RECREATION AND EQUESTRIAN COMMISSION: Ilse Byrnes, Angela
Duzich-Rohde, Jill Hanna, Kathy Hooper, and one vacancy remains.
PLANNING COMMISSION: Sheldon Cohen, Robert Cardoza, Tim Neely, Gene
Ratcliffe, and Bill Sonka
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TRANSPORTATION COMMISSION: Richard St. Onge, Morton Smith, Mark
Herschthal, Roberto Brutocao, Garfield Logan
HOUSING ADVISORY COMMITTEE: Marie Buckner, David Nahas, Joanne de
Guevara, Ethel Tregarthen, Michelle Knorre, Howard Langhans
WATER ADVISORY COMMISSION: Joe Soto, Daniel Merkle, Lawrence Gallery,
Kari Hirsch, Thomas Lytle
DESIGN REVIEW COMMITTEE: Jeff Parkhurst, Member at Large; George Proctor,
Ex -Officio Member at Large (Mr. Proctor's Ex -Officio status is temporary until
committee structure is formally revised); and 2 members are appointed by the
Planning Commission from among Planning Commissioners.
3. FRED L. NEWHART, DON & MARY TRYON, AND PAULINE LEONARD TO BE
RECOGNIZED ON THE WALL OF RECOGNITION (210.10)
Mayor Bathgate turned over the meeting to Council Members Wyatt Hart and David
Swerdlin, Wall of Recognition Subcommittee.
Project Description: The Wall of Recognition Program was created to recognize
individuals whose contributions and selfless efforts have made the City of San Juan
Capistrano a more productive and enjoyable place to live, work and play. A
subcommittee consisting of two council members review the nominations and
recommend individuals whose names will be engraved on the perpetual plaque,
known as the Wall of Recognition located at the Community Center. The
subcommittee has recommended the following names for placement: Fred L.
Newhart, Jr., Don and Mary Tryon, and Pauline Leonard.
Written Report: Report dated June 18, 2002, prepared by Council Member Wyatt
Hart and Council Member David Swerdlin, Wall of Recognition Subcommittee.
Oral Presentation: Council Member Hart outlined the process used for selection of
the names nominated for the Wall of Recognition. A formal presentation will be
scheduled in July 2002.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 5-0, to select Fred L. Newhart, Don & Mary Tryon and
Pauline Leonard to be recognized on the Wall of Recognition.
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4. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Foothill Eastern Corridor (800.50): The Foothill Eastern Transportation Corridor and
San Joaquin Hills Transportation Corridor agencies have agreed to merge.
San Joaquin Hills Transportation Corridor (800.50): Bill Holt will be retiring as
Executive Director and Jonathan Schull will take his place.
Orange County Vector Control District (560.50): The vector of the month - roof rats.
Mayor pro Item Gelff
League of California Cities (140.20): A Council Member from Lake Forest will be a
representative on LAFCO.
Council Member Campbell
Associated Seniors Action Program (ASAP) (595.60): The ASAP volunteers will
honor Lt. Rick Stahr, Chief of Police Services, who is retiring.
COUNCIL COMMENTS: - None
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 5:30 p.m. to
a Regular meeting, Tuesday, July 2, 2002, in the City Council Chamber.
Respectfully submitted,
T R. MONAHAN, CITY CLERK
July 16, 2002
ATTEST:
DIANE BATHGATE,
•;
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