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02-0702_CC_Minutes_Regular MeetingMINUTES July 2, 2002 SAN JUAN CAPISTRANO CITY COUNCIL CLOSED SESSION (61".85 - 5:30 P.M. Pursuant to Government Code section 54956.9(b)(2), the City Council conferred with its legal counsel regarding two matters. 2. 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. 3. Pursuant to Government code section 54956.8, the City Council conferred with its real property negotiator (City Manager) regarding the lease terms of that property commonly known as Kinoshita Farms, located at 32701 Alipaz Street. The negotiator for the lessee of the subject property is George Kibby. 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 orderat 7:05 p.m. in the City Council Chamber. Council Member Campbell led the Pledge of Allegiance to the Flag. Pastor Sean Sahy, Calvary Chapel of San Juan Capistrano gave the Invocation. Council Member Hart dedicated the City Council meeting to Sheriff Deputy Michael Gaard. Gaard was injured in an auto accident and remains in serious condition. Gaard was a Deputy for the City of San Juan Capistrano in 1996. 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; John Shaw, City Attorney; Meg Monahan, City Clerk; 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; and, Maria Guevara, Secretary. ANNOUNCEMENT OF CLOSED SESSION - None INTRODUCTIONS, PRESENTATIONS AND DONATIONS CC Minutes 1 07-02-02 1. PROCLAMATION OF PARKS & RECREATION APPRECIATION MONTH (610.40) Mayor Bathgate presented a proclamation to Jill Hanna, Vice Chairman, Parks, Recreation and Equestrian Commission, declaring July 2002 as "Parks & Recreation Appreciation Month." 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Gelff introduced the following persons in attendance: Ilse Byrnes, Recreation & Equestrian Commission; Marie Buckner and Joan de Guevara, Housing Advisory Committee; Gene Ratcliffe, Planning Commission; Les Blair, Liaison to the Seniors; Brad Gates, former Orange County Sheriff; Gil Jones and Roy Byrnes, former Mayors; and Dennis O'Neil, Newport Beach Council Member. ORAL COMMUNICATIONS: (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT): Steve Bemmerwohld,3312 Sandpiper Court, requested that the Capistrano Unified School District and the City provide support for the San Juan Kids Club through the summer. CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council member Campbell and carried unanimously, 5-0 to approve items 1,2 and 4 through 7 as recommended by Staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED 2. MINUTES FROM THE REGULAR MEETING OF JUNE4, 2002, ANDADJOURNED REGULAR MEETING OF JUNE 13, 2002, APPROVED AS SUBMITTED 3. WARRANTS DATED JUNE 13, 2002, IN THE AMOUNT OF $1,382,559.71 , AND PAYROLL WARRANTS DATED JUNE 6, 2002, IN THE AMOUNT OF $229,690.21, RECEIVED AND FILED (300.30) This Item was removed from Consent Calendar to allow Mayor Bathgate to Abstain from voting. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin and Mayor pro tem Gelff CC Minutes 2 07-02-02 NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate 4. REPORT OF INVESTMENTS, MONTH ENDING MAY 31, 2002, RECEIVED AND FILED (350.50) 5. CASH FUND BALANCES BY FUND - MAY 31, 2002, RECEIVED AND FILED (330.50) 6. 2002/2003 SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) BUDGET APPROVED AND CITY'S SHARE OF $1,886,470 ADOPTED AND ALLOCATED TO THE VARIOUS SOCWA ACCOUNTS AND FUNDED FROM SEWER ENTERPRISE REVENUES (330.50) 7. LICENSE AGREEMENT WITH MR. & MRS. CUMMING, TO ALLOW THE CITYTO ACCESS PRIVATE PROPERTY FOR PURPOSES OF DESIGN, SURVEY AND CONSTRUCTION WORK TO RELOCATE LOT C AND LOT 200 MARBELLA TRACT 12954 (CUMMING) (CIP NO, 146); AND MAYOR AUTHORIZED TO EXECUTE AGREEMENT (600.30) 8. AGREEMENT WITH TRAUMA INTERVENTION PROGRAM, INC., FOR VOLUNTEER TRAUMA INTERVENTION RESPONSE, IN THE AMOUNT OF $4,152 APPROVED, AND MAYOR AUTHORIZED TO EXECUTE AGREEMENT (600.30) 9. RESOLUTION NO. 02-07-02-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION (GANN LIMIT) FOR THE 2002/2003 FISCAL YEAR." (330.20) PUBLIC HEARINGS: None RECESS AND RECONVENE Council recessed at 7:15 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District meetings and reconvened at 7:22 p.m. CC Minutes 3 07-02-02 ADMINISTRATIVE ITEMS H1. ENGINEERING AND BUILDING DIRECTOR a. RESOLUTION NO. 02-07-02-02 AMENDING CONDITION 7 OF INTERIM MODIFIED CONDITIONS OF APPROVAL FOR SADDLEBACK VALLEY CHRISTIAN SCHOOL; ENGINEERING AND BUILDING DIRECTOR DIRECTED TO PREPARE LETTER ADVISING THAT THE CITY WILL NOT APPROVE ANY TIME EXTENSIONS OR MODIFICATIONS OF CONDITIONS OF APPROVAL. (460.201410.60) Project Description: Saddleback Valley Christian School has submitted a request to eliminate Interim Condition of Approval 7, which requires a Sheriffs Deputy to be employed during peek hourtraffic. Staff recommends amending condition 7; and preparing a letter, on behalf of the City Council, denying any time extensions or modifying conditions of approval with respect to the completed improvement of the railroad signal crossing and Camino Capistrano/Oso Road traffic signal. Written Communications: Report dated July 2, 2002, prepared byWilliam M. Huber, Director of Engineering and Building. Oral Presentation: William M. Huber, Director of Engineering and Building, reviewed the staff recommendation. Council Comments: Council Member Campbell felt it was very important for the City to closely monitor completion of project conditions. Council Member Hart concurred, and voiced concerns regarding the timing and coordination of the railroad light and the crossing arm. Council Action: Moved by Council Member Campbell, seconded by Council Member Hart and carried unanimously, 5-0, to adopt Resolution No. 02-07-02-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT OF THE INTERIM MODIFIED CONDITIONS OF APPROVAL (OSO RANCH COMPANY/SADDLEBACK VALLEY CHRISTIAN SCHOOL)(RZ 99-2)(AC99-5);" and staff directed to prepare a letter for the mayor's signature, on behalf of the City Council, stating that, with respect to the full improvement of the Railroad signal crossing and Camino Capistrano/Oso Road traffic signal, the City will not approve any time extension or modify conditions of approval related to the implementation of these completed improvements. CC Minutes 4 07-02-02 b. PLANS AND SPECIFICATIONS FOR THE CAMINO CAPISTRANO SLOPE REPAIR APPROVED AND STAFF AUTHORIZED TO RECEIVE BIDS SUBJECT TO THE APPROVAL OF CALTRANS (CIP NO. 139) (600.30) Written Communications: Report dated July 2, 2002, from William M. Huber, Director of Engineering and Building. Oral Presentation: William M. Huber, Director of Engineering and Building reviewed the Staff recommendations. Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem Gelff and carried unanimously, 5-0, to approve Plans and Specifications and Authorization to Receive Bids for the Camino Capistrano Slope Repair subject to the approval by Caltrans. H2. CITY ATTORNEY a. RESOLUTION 02-07-02-03 ADOPTED CALLING FOR PLACEMENT OF ADVISORY QUESTION BEFORE THE VOTERS ON THE NOVEMBER 5, 2002 ELECTION REGARDING THE SALE OF PROPERTY TO THE HOME DEPOT CORPORATION; AND RESOLUTION NO. 02-07-02-04 ADOPTED PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS (630.20) Project Description: Consideration of Home Depot Ballot Measure Proposal to consider 1.Placing an advisory question before the voters at the November election regarding the sale of real property to the Home Depot Corporation; and provisions for direct and rebuttal arguments. Oral Presentation: John Shaw, City Attorney, reviewed the staff recommendation. Public Comment: Jack Heath, 26000 Avenida Aeropuerto, supported ballot measure butwas opposed to statement referring to $9 million. Gil Jones, was opposed to ballot measure and asked that Council make decision regarding project. He was also opposed to a Home Depot project. Trish Hodges, 26000 Avenida Aeropuerto, supported ballot measure but opposed reference to $9 million and felt measure should be binding rather than advisory. Lucienne Austin, 26000 Avenida Aeropuerto, supported ballot measure but felt it should be binding rather than advisory and was opposed to reference to $9 million. CC Minutes 5 07-02-02 Council Comments: Council Member Hart supported placing an advisory measure on the ballot. He felt that the citizens of the City should decide whether to sell the Lower Rosan property to Home Depot or not, because the property is owned by the public. Council Member Campbell felt that the Community Redevelopment Agency Board of Directors should make the decision whether or not to sell the property, because they were elected to make the decision and they can take into consideration all the issues of concern to the City, such as potential revenues and operating costs. Council Member Swerdlin agreed with Council Member Campbell. He said that other alternatives, such as RV storage, were still being considered. He suggested conducting a poll as an alternative to placing the advisory measure on the ballot. Mayor pro tem Gelffwas concerned that an advisory measure would create a single issue election but supported including it on the ballot. Mayor Bathgate supported an advisory measure because of the public ownership of the land. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried 3-2, to adopt Resolution No. 02-07-02-03 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 ELECTION FOR THE SUBMISSION OF AN ADVISORY QUESTION TO THE VOTERS." ROLL CALL AYES: COUNCIL MEMBERS: Hart, Gelff and Mayor Bathgate NOES: COUNCIL MEMBERS: Campbell and Swerdlin Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried 3-2, that no priorities for filing written arguments regarding the City measure be established. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Gelff and Mayor Bathgate NOES: COUNCIL MEMBERS: Campbell and Swerdlin CC Minutes 6 07-02-02 Moved by Council Member Hart, seconded by Mayor pro tern Gelff and carried 3-2, to adopt Resolution No. 02-07-02-04 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS." ROLL CALL AYES: COUNCIL MEMBERS: Hart, Gelff and Mayor Bathgate NOES: COUNCIL MEMBERS: Campbell and Swerdlin b. RESOLUTION NO. 02-07-02-05 GRANTING TOLLING PERIOD OF THREE YEARS AND FOUR MONTHS TO THE TERM OF THE PACIFIC POINT DEVELOPMENT AGREEMENT (SJD) (600.30) Mayor Bathgate Abstained from voting. Project Description: Request by SunCal to extend Development Agreement by reasons of the landslide and attendant litigation circumstances. Oral Presentation: John R. Shaw, City attorney, reviewed the staff recommendation. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried 4-1, to adopt RESOLUTION NO. 02-07-02-05 entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING A TOLLING PERIOD WITH RESPECT TO THE PACIFIC POINT DEVELOPMENT AGREEMENT." ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS Hart, Swerdlin, Campbell and Mayor pro tem Gelff None Mayor Bathgate CC Minutes 7 07-02-02 H3. PLANNING DIRECTOR a. 2001-2002 ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN APPROVED, AND AUTHORIZED TRANSMISSION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (440.25) Project Description; Review of Annual Report on Status of General Plan, mandated by the California Department of Housing and Community Development. Written Communications: Report dated July 2, 2002, prepared by Thomas Tomlinson, Planning Director Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff recommendation. Council Action: Moved by Council Member Council, seconded by Council Member Swerdlin and carried unanimously, 5-0, to approve the Annual Report on the Status of the General Plan and authorize transmittal of the document to the California Department of Housing and Community Development. b. ORDINANCE INTRODUCED AMENDING TITLE 2, CHAPTER 2, SECTION 1102, MEMBERSHIP OF THE DESIGN REVIEW COMMITTEE APPROVED 010.60 ) Description: Consideration of an ordinance adding an additional at -Large member to the Design Review Committee to be appointed by City Council. Written Communication: Report dated July 2, 2002, from Thomas Tomlinson, Planning Director. Meg Monahan, City Clerk read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2, SECTION 1102, MEMBERSHIP OF THE DESIGN REVIEW COMMITTEE" CouncilAction: Moved by Council Member Campbell, seconded by Council Member Swerdlin and carried unanimously, 5-0 to approve introduction and first reading of the Ordinance. CC Minutes 8 07-02-02 H4. CITY MANAGER a. EXCEPTION TO CITY POLICY TO ACCEPT DISTRIBUTION OF THREE-DAY PASSES FOR THE BLENHEIM EQUISPORTS "CAPISTRANO SUMMER FESTIVAL" TO CITY EMPLOYEES APPROVED (100.20) Proiect Description:. Consideration of an exception to City Policy regarding acceptance of gifts and, allow distribution of Three -Day passes to the Blenheim EquiSports "Capistrano Summer Festival' to City Employees. Council Action: Moved by Council Member Campbell, seconded by Council Member Hart and carried unanimously, 5-0, to approve the distribution of three-day passes to city employees. ORDINANCES: 11. ORDINANCE INTRODUCED TO REZONE (RZ) 01-13, AMENDING THE COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-01, ORTEGA PLANNED COMMUNITY (ORTEGA CENTER) (460.20) Project Description: This Ordinance was first introduced at the meeting of June 18, 2002. At that time the reading of the title dis not occur as required. Meg Monahan, City Clerk read the title of the Ordinance, entitled " AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN (CDP) TO CDP 78-01, ORTEGA PLANNED COMMUNITY)" Council Action: moved by Council Member Campbell, seconded by Council Member Hart and carried unanimously, 5-0, to approve introduction and first reading of the Ordinance amending the Ortega Planned Community Comprehensive Development Plan. COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES: Mayor pro tem Gelff Orange County Waste Management Commission (810.10): Mayor pro tem Gelff was elected Chair of the newly formed committee to address bio -waste. COUNCIL COMMENTS: None CC Minutes 9 07-02-02 ADJOURNMENT There being no further business, Mayor Bathgate adjourned the meeting at 8:31 p.m. to the Regular Meeting of Tuesday, July 16, 2002, in the City Council Chamber. Respectfuily submitted, T R. MONAHAN, CITY CLERK : August 6, 2002 ATTEST: DIANE BATHGATE, MA CC Minutes 10 07-02-02