02-0820_CC_Minutes_Regular MeetingMINUTES
August 20, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (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 7:04 p.m. in the City Council Chamber. Council Member
Collene Campbell led the Pledge of Allegiance to the Flag. Pastor Charles Svendsen,
Community Presbyterian Church, 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; Omar Sandoval, City Attorney;
Meg Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director; Thomas
Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Al
King, Jr., Community Services Director; Lt. J. B. Davis, Chief of Police Services; and, Dawn
Schanderl, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - No action taken
INTRODUCTIONS PRESENTATION AND DONATIONS
1. FORMER PLANNING COMMISSIONER MICHAEL EGGERS, AND
TRANSPORTATION COMMISSIONER DEREK REEVE RECOGNIZED FOR
THEIR YEARS OF SERVICE TO THE COMMUNITY (110.30)
Mayor Bathgate presented plaques to Mike Eggers, Planning Commissioner for 3
years of service; and to Derek Reeve, Transportation Commissioner for 1 year of
service.
2. PRESENTATION OF PLAQUES TO WALL OF RECOGNITION HONOREES (OR
THEIR FAMILIES), PAULINE LEONARD, FRED L. NEWHART, JR., AND DON
AND MARY TRYON (610.40)
Mayor Bathgate presented plaques of recognition to Wall of Recognition Honorees,
Pauline Leonard, the late Fred L. Newhart, Jr., accepted by his daughter Mary Ann
Newhart Hile, and Don and Mary Tryon.
City Council Minutes 1 8-20-02
3. LT. RICK STAHR RECOGNIZED FOR HIS SERVICE AND COMMITMENT TO THE
CITY (610.40)
Mayor Bathgate recognized retiring Lt. Rick Stahr for his years of service and
commitment to the City of San Juan Capistrano as Chief of Police Services.
4. 50TH ANNIVERSARY POSTER PRESENTED BY DIRECTOR SUSAN HINMAN
FROM METROPOLITAN WATER DISTRICT OF ORANGE COUNTY TO THE
CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS (610.40)
Metropolitan Water District of Orange County (MWDOC) published a 50"
anniversary commemorative poster including each member agency's photos and
logo. Director Susan Hinman gave a presentation and presented the poster to the
Board of Directors.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Sheldon Cohen
and Gene Ratcliffe, Planning Commission; Daniel Merkle and Joe Soto, Water
Advisory Commission; Joanne de Guevara and Marie Buckner, Housing Advisory
Commission; Les Blair, Liaison to the Seniors; Sherri and Andrea Smith, Nieces of
Mayor pro tem Gelff; and, Pat Bathgate, mother of Mayor Bathgate.
ORAL COMMUNICATIONS:
(CITY COUNCILMOMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT):
Pat Bauer, City resident, announced that the San Juan Task Force and the League of
Women Voters were sponsoring a City Council Candidate forum on October 9, 2002.
CONSENT CALENDAR
Council Action: Moved by Council Member Campbell; seconded by Mayor pro tem Gelff
and carried unanimously, 5-0, to approve items 1, 2b, and 3 through 6 as recommended
by Staff with item 2a to be continued to the meeting of September 3, 2002.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2a. MINUTES FROM THE REGULAR MEETING OF JULY 16, 2002, CONTINUED TO
THE MEETING OF SEPTEMBER 3, 2002
2b. MINUTES FROM THE ADJOURNED REGULAR MEETING OF JULY 30, 2002,
APPROVED AS SUBMITTED
City Council Minutes 2 8-20-02
3. WARRANTS DATED JULY 25, 2002, IN THE AMOUNT OF $940,439.46, AND
PAYROLL WARRANTS DATED AUGUST 1, 2002„ 2002, IN THE AMOUNT OF
$229,525.02, RECEIVED AND FILED (300.30)
4. AMENDMENT TO AGREEMENT W ITH BON TERRA CONSULTANTS APPROVED
FOR ADDITIONAL TECHNICAL STUDIES FOR THE VEREDA BIKEWAY
UNDERCROSSING OF THE LOSSAN RAIL CORRIDOR IN THE AMOUNT OF
$19,886 (CIP NO. 124) (600.30)
5. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS RECEIVED AND
FILED (440.10)
6. RESOLUTION NO. 02-08-20-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA
HERITAGE FUND GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BONDACT
OF 2000 (PROPOSITION 12) (CONGDON FARMHOUSE AND LEARNING
CENTER) (910.30)
PUBLIC HEARINGS:
1. RESOLUTION NO. 02-08-20-02 ADOPTED APPROVING ABANDONMENT OF
THE HIKING AND EQUESTRIAN TRAIL EASEMENT WITHIN LOTS 50-54 OF
TRACT 6381, STONERIDGE ESTATES (SILVER CREEK SLIDE, INC.) (670.50)
Project Description: At the July 16, 2002, City Council meeting, the Council
accepted a Recreational Trail Easement from Silver Creek Slide, Inc. and initiated
vacation proceedings for an existing Hiking and Equestrian Trail Easement. The
recently accepted Recreation Trail Easement is a realignment of, and will replace,
the Hiking and Equestrian Trail Easement staff is recommending for abandonment.
Written Communications: Report dated August 20, 2002, from William M. Huber,
Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building, 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 Campbell, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to adopt Resolution No. 02-08-20-02 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, QUITCLAIMING A PUBLIC HIKING AND
City Council Minutes 3 8-20-02
EQUESTRIAN TRAIL EASEMENT WITHIN LOTS 50-54 OF TRACT 6381, AS
DEDICATED ON FINAL TRACT MAP 6381 RECORDED IN BOOK 633, PAGES
5-15 (STONERIDGE ESTATES/SILVER CREEK SLIDE, INCORPORATED)"
2. RESOLUTION NO. 02-08-20-03 ADOPTED DENYING VESTING TENTATIVE
TRACT MAP 15571 FOR THE PROPOSED PROJECT OF 356 DWELLING UNIT
ALTERNATIVE; RESOLUTION NO. 02-08-20-04 ADOPTED APPROVING
VESTING TENTATIVE TRACT MAP 15571 FOR THE 175 DWELLING UNIT -
HIGH SCHOOL ALTERNATIVE SUBJECTTO CONDITIONS, AS MODIFIED, AND
SUBJECT TO VOTER APPROVAL OF MEASURE CC ON NOVEMBER 5,2002;
AND PRIVATE PARK PROPOSAL REFERRED TO THE PARKS, RECREATION
AND EQUESTRIAN COMMISSION (420.401460.201410.851410.80)(HILLSIDE
MANAGEMENT 01-01 AND RIDGELINE EXCEPTION 01-0)
Mayor Bathgate abstained from this item and left the council chamber. Mayor pro
tem Gelff conducted the public hearing.
Proiect Description: At the meeting of July 16, 2002, the City Council reviewed the
tentative map for Whispering Hills Estates, received project testimony, and
continued the item to review a supplemental traffic analysis concerning the reduced
number of units, required street improvements, and conditions of approval. The
traffic analysis, a grading proposal related to a ridgeline exception, and hillside
management approval are to be addressed. Staff recommends approval of the
tentative map conditioned on voter approval of Measure CC, concerning repeal of
the site rezoning ordinance.
Written Communications: Report dated August 20, 2002, from Thomas Tomlinson,
Director of Planning and Larry N. Lawrence, Consulting Project Manager. Letter
dated August 15, 2002, from Michael Eggers, City resident, addressed concerns
regarding various traffic issues and letter dated August 20, 2002, from Dennis
Gage, applicant, summarized comments to the draft Conditions of Approval.
Presentation: Larry N. Lawrence, City's Consulting Project Manager, reported that
the approved Ordinance 865, rezoning the site, was suspended, subject to voter
approval on November 5, 2002. Approval of the tentative tract map would be
conditioned on voter approval of Ordinance 865. He reviewed the project
components and recommended denial of Vesting Tentative Tract Map 15571, a
proposed 356 dwelling unit project alternative previously rejected by the Council;
approval of Vesting Tentative Tract Map 15571 for 175 dwelling units -- high school
alternative subject to conditions as modified; approval of ridgeline exception 01-01
and hillside management 01-01; and referral of the credit for development of a
private park to Parks, Recreation and Equestrian Commission for a
recommendation.
City Council Minutes 4 8-20-02
Al King Jr., Director of Community Services, detailed the options available to the
applicant to meet land dedication and in -lieu fee requirements. One option is to
provide the community and proposed high school site with a 4.0 -acre improved
athletic playfield area valued at $1.5 million that could be jointly used by the School
District and the City through a joint use agreement. Based on the City's and School
District's joint use formula, public accessibility and benefit would be 39.5 %, actual
credit to the developer for the $1.5 assessed value 4 -acre improved athletic field
area is $594,475 and the developer would still owe the City $222,275. The second
option is payment of $816,750 by the developer to meet the park fee requirement.
The funds could be appropriated to City projects included in the City's 7 -year
capital improvement plan.
Mayor pro tem Gelff opened the public hearing.
Public Testimony:
Phillip Schwartze, project consultant, presented a Power Point presentation with an
overview of the proposed project. He submitted a letter for the record on behalf of
the applicant.
Richard Hill Adams, City resident, supported the proposal.
-- David Doomey, Associate Superintendent of the Capistrano Unified School District,
discussed the joint use opportunities and District support of the tentative tract map.
He stated the State of California, by law, requires school districts to work with
developers in building schools.
Mike Mathewson, City resident, expressed concerns with the use of Camino
Lacouague as a drop-off point and requested additional traffic controls, including a
gate controlled access to the residential area.
Marila Hayward, City resident, supported the proposed high school but expressed
concerns about increased traffic on Ortega Highway.
Mayor pro tem Gelff closed the public hearing.
Council Comments:
Council Member Hart ascertained the number of proposed homes was reduced
from 356 to 175 homes, on 256 acres, not including the high school site. The
project includes over 206 acres of open space.
Mayor pro tem Gelff stated he is very supportive of a new school to reduce school
overcrowding. He indicated that he could not support the proposal because he is
City Council Minutes 5 8-20-02
committed to the Hillside Slope Density Policy that ensures less dense hillside
development.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried, 4-0-1, to adopt Resolution No. 02-08-20-03 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING A REZONING REQUEST FROM "GM"
TO "PC" AND RELATED ENTITLEMENT REQUESTS FOR THE WHISPERING
HILLS ESTATES PROPOSED PROJECT/356 DU ALTERNATIVE (WHISPERING
HILLS, LLC) (VTTM 15571, RE 01-01, HM 01-01)°
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
Hart, Campbell, Swerdlin and Mayor pro
tem Gelff
None
Mayor Bathgate
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried 3-1-1 to adopt Resolution No. 02-08-20-04 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 15571,
HILLSIDE MANAGEMENT 01-01, AND RIDGELINE EXCEPTION 01-01 FORTHE
WHISPERING HILLS ESTATES PLANNED COMMUNITY (WHISPERING HILLS,
LLC)" FOR 175 DWELLING UNITS - HIGH SCHOOL ALTERNATIVE SUBJECTTO
CONDITIONS, AS MODIFIED, AND INCLUDING CONDITION SUBJECT TO
APPROVAL OF THE RESULTS OF THE NOVEMBER 5, 2002 MEASURE CC
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Campbell and Swerdlin
NOES: COUNCIL MEMBERS: Mayor pro tem Gelff
ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried 3-1-1 to approve Ridgeline Exception 01-01 with a setback
consistent with that required in the Comprehensive Development Plan and Hillside
Management 01-01, as provided in Resolution No. 02-08-20-04.
City Council Minutes 6 8-20-02
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Campbell and Swerdlin
NOES: COUNCIL MEMBERS: Mayor pro tem Gelff
ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate
Council Action: Moved by Council Member Hart, seconded by Council Member
Campbell and carried 3-1-1 approved regarding issue related to credit for private
park in East Canyon to be referred to the Parks, Recreation and Equestrian
Commission for a report and recommendation back to City Council.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
RECESS AND RECONVENE
Hart, Campbell and Swerdlin
Mayor pro tem Gelff
Mayor Bathgate
Council recessed at 8:34 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and reconvened at 9:20 p.m.
ADMINISTRATIVE ITEMS
H1. PLANNING DIRECTOR
a. FUNDING APPROVED IN THE AMOUNT OF $72,000 FROM THE GENERAL
FUND RESERVE TO RELOCATE TWO SDG&E UNITS TO RECIPIENTS CARE
AND CAMP COOKIE SUBJECT TO CONDITIONS (430.20)
Project Description: Two existing wood -framed caretaker structures (circa 1920)
located on the San Diego Gas & Electric (SDG&E) property at 31050 Camino
Capistrano were scheduled for demolition. Staff evaluated the structures and
concluded that the structures have significant historic value. Camp Cookie for
Children and CARE requested units. Staff recommends funding the cost of
relocation of these units subject to conditions.
Written Communication: Report dated August 20, 2002 by Thomas Tomlinson,
Director of Planning and letter dated August 16, 2002, from Marsha A. Schwartze,
City resident, expressed interest for one of the units for use as headquarters for
CARE.
City Council Minutes 7 8-20-02
Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff _
recommendation. He reported relocation of the units must be performed on a tight
schedule. He would need site plans submitted by September 101h and relocation
of the structures would need to be accomplished by December 31, 2002.
Public Comments:
John Frank, President of Camp Cookie for Children, said that the camp would work
toward meeting the deadlines.
Mark Nielsen, City resident, supported the proposal and requested immediate
review of the North Open Space Master Plan.
Richard Hill Adams, City resident, felt the relocation of the caretaker residences was
an appropriate way to preserve the structures.
Marsha Schwartze, representing CARE, expressed interest in receiving one of the
units to be used as an office.
Dave and Mary Anne Davidson, City residents, supported moving the units to CARE
and Camp Cookie, and requested consideration as a recipient of a unit, should
either CARE or Camp Cookie be unable to fulfill the conditions of approval.
Council Comments:
Mayor pro tem Gelff supported the Davidson's request.
Mayor Bathgate suggested that some moving costs be appropriated from the
general fund reserve and the affordable housing account. She requested staff to
work with the Davidsons to prepare a backup plan.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to approve transfer of $72,000 from the General
Fund Reserve for cost of relocating two units to recipients CARE and Camp Cookie
(North Open Space) approved, subject to: (a) each recipient submitting site plans
by September 10, 2002; (b) individual contracts for relocation of units shall be
executed after permanent sites are prepared and ready to accept units; (c)
individual structures are to be relocated no laterthan December 31, 2002; (d) failure
of approved recipient(s) to proceed expeditiously with submission of plans,
authorizes staff to proceed with transfer of units to private parties, specifically Dave
and Mary Anne Davidson; and, (e) Agency set-aside funds may be used to off -set
a portion of the transfer of funds, subject to a unit restricted to income -eligible
households.
ORDINANCES: None
City Council Minutes 8 8-20-02
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Orange County Vector Control District (560.50): Vector of the Month: Head Lice.
COUNCIL COMMENTS: None
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 9:52 p.m. to
a Regular meeting, Tuesday, September 3, 2002, in the City Council Chamber.
Respectfully submitted,
/2.
M,�ROARET R. MONAHAN, CITY CLERK
Approved: September 17, 2002
ATTEST:
DIANE BATHGATE, MA
City Council Minutes 9 8-20-02