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
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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