02-0917_CC_Minutes_Regular MeetingMINUTES
September 17, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85),- 5:30 P.M.
A Closed Session was held for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.9(c), the City Council conferred with
its legal counsel regarding one matter,
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
Wyatt Hart led the Pledge of Allegiance to the Flag. Pastor Darrell Ward, South Coast
Christian Assembly, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, David M. Swerdlin, Mayor pro tem John S.
Gelff, and Mayor Diane Bathgate.
COUNCIL MEMBERS ABSENT: Council Member Collene Campbell
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; 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. LONG-TERM EMPLOYEE SAM SHOUCAIR RECOGNIZED (730.90)
Sam Shoucair, Senior Engineer, was recognized for his 10 years of service to the
City by William M. Huber, Director of Engineering and Building. Mayor Bathgate
presented Shoucair with a Certificate of Recognition.
City Council Minutes 1 9-17-02
2. PROCLAMATION DESIGNATING SEPTEMBER 17 THROUGH 23, 2002, AS
"CONSTITUTION WEEK" (610.40)
Mayor Bathgate presented a proclamation to Elizabeth Soulds of the San Clemente
Island Chapter of the National Society Daughters of the American Revolution
declaring September 17 through 23, 2002 as "Constitution Week"
3. PROCLAMATION
"INTERNATIONAL
WEEK" (610.40)
DESIGNATING SEPTEMBER 15 THROUGH 21, 2002, AS
YELLOW RIBBON SUICIDE AWARENESS AND PREVENTION
Mayor Bathgate presented a proclamation to Andrea Digiantomasso of the Light for
Life Foundation of Southern California declaring September 15 through 21, 2002,
as "International Yellow Ribbon Suicide Awareness and Prevention Week"
4, INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Gene Ratcliffe,
Robert Cardoza and Sheldon Cohen, Planning Commission; Janet Siegel and David
Belardes, Cultural Heritage Commission; Joanne de Guevara, Marie Buckner and
Howard Langhans, Housing Advisory Committee; Joe Soto, Water Advisory
Commission; Les Blair, Council Liaison to the Seniors; Jerry Miller, Chief Executive
Officer of the Mission San Juan Capistrano; and Pat Bathgate, Mother of the Mayor
ORAL COMMUNICATIONS:
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY
Larry Culbertson, City resident, felt that the Oversized Vehicle Ordinance, recently
approved by the Planning Commission, lacked important restrictions.
Sheldon Cohen, Chairman of the Planning Commission, thanked the City Council for the
flowers sent in memory of a late family member.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff and
carried unanimously, 4-0, to approve items 1 through 10, 12 and 13 as recommended by
Staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF AUGUST 20, 2002, APPROVED
AS SUBMITTED
City Council Minutes 2 9-17-02
3. WARRANTS DATED AUGUST 22, 2002, 1N THE AMOUNT OF $900,843.93, AND
PAYROLL WARRANTS DATED AUGUST 29, 2002, 1N THE AMOUNT OF
$226,406.70, RECEIVED AND FILED (300.30)
4. REPORT OF INVESTMENTS, MONTH ENDING JULY 31, 2002, RECEIVED AND
FILED (350.50)
5. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED
(440.10)
6. RESOLUTION NO. 02-09-17-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO
UPDATE THE CITY'S DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM FOR FISCAL YEAR 2002-2003" (820.25)
7. RESOLUTION NO. 02-09-17-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE ABANDONMENT OF A PUBLIC EASEMENT FOR ROAD AND UTILITY
PURPOSES WITHIN LOT 10 OF TRACT 6402 AKA 32981 CALLE PERFECTO
(IHDE TRUST);" PUBLIC HEARING SCHEDULED FOR OCTOBER 15, 2002
(670.50)
8. RESOLUTION NO. 02-09-17-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE ABANDONMENT OF A PUBLIC EASEMENT FOR DRAINAGE
PURPOSES WITHIN PARCELS 1 AND 2 OF PARCEL MAP 96-140, FORMERLY
LOTS 23 OF TRACT 13025 (LOONEY);" PUBLIC HEARING SCHEDULED FOR
OCTOBER 15, 2002 (670.50)
9. 100% FACILITY RENTAL FEE WAIVED ($300) FOR A CITY COUNCIL
CANDIDATE FORUM, TO BE HELD BY THE SAN JUAN COMMUNITY TASK
FORCE AND LEAGUE OF WOMEN VOTERS OF CAPISTRANO BAY AREA ON
OCTOBER 9, 2002, AT THE SAN JUAN CAPISTRANO COMMUNITY CENTER
(390.30)
10. USE RESTRICTION AGREEMENT APPROVED WITH ROBERT AND DOROTHY
LARSEN FOR THE PRESERVATION OF THE EXTERIOR FACADE AT 31815
CAMINO CAPISTRANO; AND, THE CITY CLERK DIRECTED TO PROCESS
RECORDING OF DOCUMENT (600.30)
11. CONSENT FORM APPROVED ALLOWING STRADLING, YOCCA, CARLSON &
RAUTH TO REPRESENT THE CITY OF SAN JUAN CAPISTRANO ON BEHALF
OF THE CAPISTRANO VALLEY WATER DISTRICT AND SAN JUAN BASIN
AUTHORITY REGARDING CERTAIN GROUND WATER RECOVERY PLAN
PROJECT LEGAL MATTERS (600.30)
City Council Minutes 3 9-17-02
Project Description: The law firm of Stradling, Yocca, Carlson & Rauth propose to
perform certain legal services related to bonds, in connection with the ongoing
Ground Water Recovery Plan project, simultaneously on behalf of both the
Capistrano Valley Water District and the San Juan Basin Authority. The firm
requests the City of San Juan Capistrano, on behalf of the District, formally consent
to the dual legal representation in order to meet State requirements related to dual
representation.
Written Communication: Report dated September 17, 2002, from John R. Shaw,
City Attorney.
Presentation: John R. Shaw, City Attorney, reviewed the staff recommendation.
Council Comment:
Council Member Swerdlin felt the law firm should not provide legal services to both
the Capistrano Valley Water District and the San Juan Basin Authority for the same
project and did not support the item.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Hart
and carried 3-1-0 to approve the Consent form, allowing Stradling, Yocca, Carlson
& Rauth (SYCR) to represent the City on behalf of the Capistrano Valley Water
District and the San Juan Basin Authority regarding the Ground Water Recovery
Plan project legal matters.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS:
Hart, Mayor pro tem Gelff and Mayor
Bathgate
Swerdlin
None
Campbell
12. MONTANEZ ADOBE CURATOR AGREEMENT STATUS REPORT RECEIVED
AND FILED WITH NO FURTHER ACTION TO BE TAKEN UNTIL THE CITY HAS
RETAINED A HISTORIC PRESERVATION MANAGER (600.30)
13. AGREEMENT WITH WEBB COMMUNITY MANAGEMENT, INC., APPROVED
FOR ADMINISTRATION OF THE CAPISTRANO VILLAS I, II AND III PARKING
PROGRAM FOR A ONE YEAR PERIOD, SEPTEMBER 17, 2002 THROUGH
SEPTEMBER 16,2002; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE
AGREEMENT (600.30)
City Council Minutes 4 9-17-02
PUBLIC HEARINGS:
ZONING ADMINISTRATOR'S CONDITIONAL USE PERMIT 02-06 UPHELD FOR
SECONDARY DWELLING ON %ACRE LOCATED AT 31801 PASEO TERRAZA;
AND CITYATTORNEY TO RETURN TO COUNCIL WITH RESOLUTION MAKING
FINDINGS (APN 649-291-18) (ROBERT HERVEY) (460.70)
Project Description: Jonathan Oas, on behalf of Janet Ludvigson, filed an appeal
of the Zoning Administrator's approval on July 9, 2002, of a conditional use permit
to allow a detached secondary dwelling unit with an attached one -car garage
totaling 1,303 square feet on an existing 22,050 square -foot lot located at 31801
Paseo Terraza. The item was continued to September 17, 2002. Staff
recommends upholding the Zoning Administrator's approval of Conditional Use
Permit 02-06.
Written Communications: Report dated September 17, 2002, from Thomas
Tomlinson, Director of Planning.
Letters from City residents dated August 30 and September 16, 2002, from
Jonathan Oas; and, dated August 29, 2002, from Joseph G. Heinrich; opposing the
project.
Letters from City residents dated September 4, 2002, from Bernard G. Reimer,
M.D.; dated September 5, 2002, from Charles & Gay Kiser; and dated September
13, 2002, from Charles Kiser, Mead, Washington resident, supporting the project.
Letter dated September 4, 2002, from Robert & Mardel Hervey, requesting the City
Council reject the appeal.
Presentation: William Ramsey, AICP, Principal Planner, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing.
Public Testimony:
Jonathan Oas, appellant, spoke in opposition to reduced open space, visual
impacts, and setting of a negative precedent.
Robert Hervey, applicant, requested City Council approval.
Bernard Reimer, City resident, supported the project and felt it conformed to all
applicable requirements.
City Council Minutes 5 9-17-02
Marcia Streech, City resident, felt the project would negatively impact the
neighborhood.
Mayor Bathgate closed the public hearing.
Council Comments:
Discussion ensued and Council Members concurred that the application was
responsive to the codes
Mayor Bathgate requested the City Attorney to make findings and return to the
meeting of October 1 st.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 4-0, to uphold the Zoning Administrator's conditional
approval of Conditional Use Permit 02-06, allowing a 976 square -foot, secondary
dwelling unit, on '/2 acre, located at 31801 Paseo Terraza, (Hervey); and, City
Attorney to return to Council with a resolution making findings.
RECESS AND RECONVENE
Council recessed at 7:45 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:02 p.m.
ADMINISTRATIVE ITEMS
H1. CITY ATTORNEY
a. REPORT ORDERED PURSUANT TO ELECTIONS CODE 9212 CONCERNING
THE EFFECTS OF THE INITIATIVE ON THE CITY'S GENERAL PLAN; AND THE
CITY CLERK'S CERTIFICATION RECEIVED AND FILED (JSERRA) (630.20)
Project Description: The JSerra land use initiative petition was filed with the City
Clerk's office on August 27, 2002. On September 11, 2002, Orange County
Registrar of Voters certified that at least 15% of the registered voters signed the
JSerra petition. The City Attorney advised Council that the following options were
available: (1) Option 1 - Determine whether to order a report pursuant to Elections
Code Section 9212 concerning the effects of the Initiative on the City's General Plan
or (2) Option 2 - Adopt the Initiative Measure as proposed, or order a special
election for December 17, 2002, and determine priorities for filing written arguments
and permitting rebuttal arguments; and (3) receive and file the City Clerk's
Certification. If the City Council orders a report, the report must be presented to
Council no later than 30 days after the City Clerk certifies the sufficiency of the
petition signatures.
City Council Minutes 6 9-17-02
Written Communication: Report dated September 17, 2002, by John R. Shaw, City
Attorney, and Supplementary Report dated September 17, 2002, by Meg Monahan,
City Clerk.
Letters dated September 16, 2002, from Karen & Michael Gibson and Viola C.
Aquilar, supporting preservation of Putiidhem, the sacred site and mother village of
the Acjachamen/Juaneno people of San Juan Capistrano
Presentation: John Shaw, City Attorney, reviewed the staff recommendations.
Council Comments: Comments have been combined under item H2a.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 4-0, to order Report pursuant to Elections Code
Section 9212 concerning the effects of the Initiative on the City's General Plan; and
the City Clerk's Certification received and filed.
H2. PLANNING DIRECTOR
a. GENERAL PLAN AMENDMENT INITIATED TO CHANGE LAND USE
DESIGNATION FOR APPROXIMATELY 38 ACRES FROM OFFICE/RESEARCH
PARK TO PUBLIC INSTITUTIONAL LOCATED ON JUNIPERO SERRA ROAD,
EAST OF CAMINO CAPISTRANO INITIATED (J SERRA HIGH SCHOOL/PUEBLO
SERRA LLC) (440.25)
Pro'ect Description: The JSerra land use initiative petition was filed on August 27,
2002 and certified to contain at least 15% of the registered voters' signatures. Staff
recommends that a general plan amendment process not be instituted as it would
be more appropriate that a report be prepared as provided for in the Elections
Code.
Written Communication: Report dated September 17, 2002, byThomas Tomlinson,
Planning Director.
Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Public Comment:
Wayne Peterson, applicant representative, requested the City Council initiate the
General Pian process, as it would benefit the public by making more information
available and allow for analysis of the project proposal. The project proponents
hoped to meet regularly during the 30 -day project analysis to provide information
needed.
City Council Minutes 7 9-17-02
H3
a
Lon Uso, City resident, encouraged the City Council to work with the JSerra
proponents toward a solution.
Council Comments:
Council Member Swerdlin felt a subcommittee could draft a Development
Agreement related to the proposed project. He supported initiating the General
Plan Amendment.
Council Member Hart felt the 30 -day period was a great opportunity for obtaining
more information through subcommittee meetings.
Mayor pro tem Gelff supported the 30 -day option.
Mayor Bathgate voiced concern regarding initiation of a general plan amendment,
preferring to see the results of an analysis report within 30 -days.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried 3-1-0 to initiate a General Plan Amendment to change the land use
designation for approximately 38 acres from Office/Research Park to Public
Institutional located on Junipero Serra Road, East of Camino Capistrano.
ROLL CALL
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
CITY MANAGER
Swerdlin, Hart and Mayor pro tem Gelff
Mayor Bathgate
None
Campbell
PURCHASE OF POLICE SERVICES OFFICE FURNISHINGS APPROVED FROM
INTERSERVICE APPROVED IN THE AMOUNT OF $26,013.56 (370.30)
Project Description: Furniture in Police Services is in need of replacement due to
its age and extensive usage. Per the City's adopted furniture purchasing policy,
staff investigated the option of purchasing used furniture for the offices. Bids were
received for purchasing all new furniture verses a combination of used and new
furnishings. Staff recommends approving purchase of all new office furnishings
from Interservice, as new furniture has a lifetime warranty.
City Council Minutes 8 9-17-02
Written Communication: Report dated September 17, 2002, by Julia M. Silva,
Assistant City Manager and Supplemental Report dated September 17, 2002, by
George Scarborough, City Manager.
Presentation: George Scarborough, City Manager, reviewed the staff
recommendation. Correspondence was received from MSI, an office furniture
supplier, who was concerned with the comparison of their proposal with the
Interservice proposal. Updated information was provided in the Supplement Report.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member Hart
and carried unanimously, 4-0, to approve purchase of Police Services office
furnishings from Interservice, in the amount of $26,013.56.
H4. ENGINEERING AND BUILDING DIRECTOR
a. NORTH OPEN SPACE TEA PROJECT TERMINATED; AND, CITY COUNCIL TO
CONSIDER USE OF REMAINING FUNDS DURING THE MID -YEAR BUDGET
REVIEW PROCESS (600.50)
Project Description: Staff reported that the City will not be able to meet the project
funding time constraints required by the Federal grant. In addition, other priority
projects are being delayed to fund this project; and, further cost increases for
- - mitigation work will result in additional project delays. Staff recommends
terminating the North Open Space Project and determining use of the remaining
funds during mid -year budget review.
Written Communication: Report dated September 17, 2002, by William M. Huber,
Director of Engineering & Building.
Presentation: William M. Huber, Director of Engineering & Building, reviewed the
staff recommendation.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member
Swerdlin and carried unanimously, 4-0, to terminate the North Open Space TEA
project as no long viable; and, the City Council to consider the use of remaining
funds during the mid -year budget review process.
ORDINANCES: None
COUNCILMANIC ITEMS
VICTORIA (TORI) HAI DING ER APPOINTED TO THE PARKS, RECREATION AND
EQUESTRIAN COMMISSION (110.20)
City Council Minutes 9 9-17-02
Description: On June 18, 2002, the City Council made annual appointments to
Commissions, Boards and Committees with one vacancy left on the Parks,
Recreation and Equestrian Commission. The vacancy was re -advertised and the
Council Subcommittee members, Mayor Bathgate and Mayor pro tem Gelff,
reviewed the applicantions and recommended appointment of Victoria Haidinger to
fill the position. She is a recent graduate of the Leadership Academy.
Written Communication: Report dated September 17, 2002, from Julia M. Silvia,
Assistant City Manager, provided an update of the application and appointment
process.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 4-0, to appoint Victoria (Tori) Haidinger to the
Parks, Recreation and Equestrian Commission.
2. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Joint Powers Insurance Authority (170.30): Council Member Swerdlin and staff
recently attended an excellent Risk Management seminar conducted by the JPIA.
Orange County Vector Control District (560.50): Vector of the Month - Mosquito
vectors of SLE and WEE viruses. The West Nile virus is of danger primarily to the
elderly.
Mayor pro tem Gelff
Orange County Waste Management Commission (810.10): Mayor pro tem Gelff will
serve as Chair of a study group on the reuse of biowaste.
Mayor Bathgate
San Juan Basin Authority (1950.60): The groundwater recovery plant was approved
by the San Juan Basin Authority, with minor revisions required.
COUNCIL COMMENTS:
Mayor Bathgate announced that the last San Juan Summer Nites event would be
held on September 18, 2002, beginning around 5 p.m.
Council Member Swerdlin thanked Lt. J.B. Davis, Chief of Police Services, for the
informative report on gang activity.
City Council Minutes 10 9-17-02
Thomas Tomlinson, Planning Director, thanked the Council for flowers sent in
memory of his wife's late grandmother.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8:47 p.m. to
a Regular meeting, Tuesday, October 1, 2002, at 5:30 p.m. for Closed Session and 7:00
p.m. for the Public Business Session, in the City Council Chamber.
Respectfully submitted,
T R. MONAHAN, CITY CLERK
: October 15, 2002
ATTEST:
M,
DIANE BATHGATE, MA
City Council Minutes 11 9-17-02