02-1001_CC_Minutes_Regular MeetingMINUTES
October 1, 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.
2. Pursuant to Government Code Section 54956.8(c) the City Council conferred with
its real property negotiator (City Manager) regarding the lease of property known as
Lots A and B of Tract 12933. The lessee's representative is Larry Hatfield.
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 7:07 p.m. in the City Council Chamber. Council Member
Hari led the Pledge of Allegiance to the Flag. Council Member Swerdlin gave the
Invocation.
Mayor Bathgate dedicated the meeting to the late Matthew Davis, Sergeant of the Orange
County Sheriff Department, who was fatally injured in an auto accident, while on duty,
September 20, 2002. He died, due to the injuries on September 22, 2002. The Mayor
presented a Certificate of Commendation, honoring Sgt. Davis, to Lt. J.B. Davis who will
present the Certificate to Sgt. Davis' family.
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; Julia Silva, Assistant City
Manager; Oman Sandoval, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber,
Engineering and Building Director; Lt. J.B. Davis, Chief of Police Services; and Maria
Guevara, Secretary
ANNOUNCEMENT OF CLOSED SESSION - No action taken
City Council Minutes 1 10-1-02
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
1. PROCLAMATION DESIGNATING OCTOBER 6 THROUGH 12, 2002, AS "FIRE
PREVENTION WEEK" PRESENTED TO BATTALION CHIEF MIKE AHUMADA
(610.40)
Mayor Bathgate presented a proclamation to Battalion Chief Mike Ahumada
declaring October 6 through 12, 2002, as "Fire Prevention Week." The Orange
County Fire Authority will sponsor an Open House on Saturday, October 12, 2002
2. MISSION HOSPITAL RECOGNIZED FOR MAJOR CONTRIBUTIONS MADE TO
THE COMMUNITY THROUGH THE STONE FIELD RENOVATION PROJECT
(610.40)
Stone Field athletic field located north of the Mission was in great need of
renovation. Mission Hospital provided $233,000 towards the renovation and hired
a Community Liaison to work with the community. Mayor Bathgate presented Sister
Martha Ann Fitzpatrick, representing Mission Hospital, with a Key to the City. Jorge
Sotelo, Community Liaison; Cindy McMahon, Executive Director of Community
Benefits for Mission Hospital were also recognized.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Gene Ratcliffe,
Planning Commission; Howard Langhans, Marie Buckner and Joann de Guevara,
Housing Advisory Committee; Les Blair, Liaison to Seniors; Joe Soto, Water
Advisory Commission; Carolyn Nash, former Mayor; and Brad Gates, former
Orange County Sheriff
ORAL COMMUNICATIONS:
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT):
Pat Bauer, 9 Plaza Baja del Sol, announced that a City Council Candidate Forum would
be held October 8, 2002 at 6:30 p.m. in the Community Center.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff and
carried unanimously, 4-0, to approve items 1, 2, and 4 through 13 as recommended by
Staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 3, 2002,
APPROVED AS SUBMITTED
City Council Minutes 2 10-1-02
3. WARRANTS DATED SEPTEMBER 5, 2002 AND PAYROLL WARRANTS DATED
SEPTEMBER 12, 2002, RECEIVED AND FILED (300.30)
This item was removed from the Consent Calendar to allow Mayor Bathgate to
abstain from voting.
Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried 3-1-
1 to receive and file warrants dated September 5, 2002, in the amount of
$971,900.74, and payroll warrants dated September 12, 2002, in the amount of
$231,704.46.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin and Mayor pro tem Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Mayor Bathgate
Campbell
4. 100% ($330) FACILITY RENTAL FEE WAIVED FOR SENATOR BILL MORROW'S
COMMUNITY FORUM ON CHILD SAFETY EDUCATION TO BE HELD OCTOBER
15, 2002, AT THE SAN JUAN CAPISTRANO COMMUNITY CENTER APPROVED
(390.30)
5. 2002 CONFLICT OF INTEREST CODE LOCAL AGENCY BIENNIAL NOTICE FOR
THE CITY OF SAN JUAN CAPISTRANO, THE SAN JUAN CAPISTRANO
COMMUNITY AGENCY, AND THE SAN JUAN CAPISTRANO PUBLIC FINANCING
AUTHORITY RECEIVED AND FILED (640.40)
6. APPROPRIATION OF $9,816 TO ELECTION SERVICES ACCOUNT #01-62127-
4150 FROM THE GENERAL FUND RESERVE APPROVED TO COVER COSTS
RELATED TO VERIFICATION OF THE JSERRA INITIATIVE PETITION
SIGNATURES (630.20)
7. UTILITY AGREEMENT FOR THE CAMINO CAPISTRANO SLOPE REPAIR
APPROVED WITH THE CAPISTRANO VALLEY WATER DISTRICT (C]P NO. 139);
AND THE MAYOR AUTHORIZED TO SIGN THE AGREEMENT ON BEHALF OF
THE CITY (600.30)
8. REPORT OF INVESTMENTS, MONTH ENDING AUGUST 31, 2002, RECEIVED
AND FILED (350.50)
City Council Minutes 3 10-1-02
9. CLAIMS DENIED FOR CAROLINE ARGO, CHRISTIAN GAARD, JUSTIN GAARD,
JESSICA GAARD, MIKE GAARD, PHONDA GOULD, ,POSH GOULD, JASON
GOULD, AND HENRY GOULD BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN
& COMPANY (170.70)
10. INVESTMENT POLICY FOR THE CITY OF SAN JUAN CAPISTRANO
APPROVED FOR FISCAL YEAR 2002-2003; AND, THE CITY CLERK DIRECTED
TO FORWARD THE INVESTMENT POLICY TO THE CALIFORNIA DEBT AND
INVESTMENT ADVISORY COMMISSION (350.30)
11. AGREEMENT WITH THE COUNTY OF ORANGE ANIMAL CONTROL SERVICES
FOR FISCAL YEAR 2002-2003 APPROVED IN A PROVISIONAL AMOUNT OF
$51,732; AND, THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT
(600.50)
12. SECOND AMENDMENT APPROVED TO THE INTEGRATED SOLID WASTE
MANAGEMENT COLLECTION AGREEMENT ESTABLISHING RATES FOR
COMMERCIAL RECYCLING AND OVERFLOW CHARGES (CR&RISOLAG)
(600.30)
13. FIVE-YEAR CITY GIS SUBSCRIPTION AGREEMENT APPROVED WITH DIGITAL
MAP PRODUCTS, LLC, IN THE AMOUNT OF $26,968.48 FOR THE FIRST YEAR
AND $29,302.88 FOR EACH YEAR FOLLOWING; AND, MAYOR AUTHORIZED
TO EXECUTE THE AGREEMENT (600.30)
PUBLIC HEARINGS:
LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS APPROVED TO
INCLUDE: $1,500 TO THE DRUG USE LIFE ABUSE PROGRAM; $1,000 TO
SOUTH ORANGE COUNTY DRUG COURT; $1,000 SOUTH ORANGE COUNTY
DOMESTIC VIOLENCE PROGRAM; $3,000 FOR PURCHASE OF EQUIPMENT
AND SUPPORT FOR CRIME PREVENTION AND ENFORCEMENT PROGRAMS;
AND, $14,750 TO OFF -SET COST OF SPECIAL ENFORCEMENT PROGRAM
OVERTIME. (580.10)
Project Description:. Under the terms of the Local Law Enforcement Block Grant
Program funds are made available for the purpose of reducing crime and improving
public safety. Funds allocated for the City of San Juan Capistrano will be utilized
for additional overtime patrols, police equipment, domestic violence program, drug
awareness program and, support of crime prevention and enforcement programs.
Under the terms of the grant, the City will received $16,425 with a contribution from
the City in the amount of $1,825.
City Council Minutes 4 10-1-02
Written Communications: Report dated October 1, 2002, from Lt. J,B. Davis, Chief
of Police Services.
Presentation: Lt. J.B. Davis, Chief of Police, reviewed the staff recommendation.
Mayor Bathgate opened the public 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, 4-0, approve the Local Enforcement Block Grant funds
to include: $1,500 to the Drug Use Life Abuse Program; $1,000 to South Orange
county Drug Court; $1,000 South Orange County Domestic Violence Program;
$3,000 for purchase of equipment and support for Crime Prevention and
enforcement programs; and, $14,750 to off -set cost of Special Enforcement
Program overtime.
2. AMENDMENT TO TITLE 9 OF THE LAND USE CODE RELATED TO OFF-
STREET PARKING AND LOADING, RECREATIONAL VEHICLES, BOATS AND
TRAILERS (420.30)
Project Description: This is a proposal to amend the Municipal Code related to off-
street parking and loading, recreational vehicles, boats, and trailers. The proposed
code amendment 02-02 would prohibit the use of front yards of residential lots to
be used as storage areas for recreational vehicles, boats, trailers 26 feet in length
or greater in all residential zone districts, and grant the Planning Director authority
to establish open parking in the required front yards on driveways if certain criteria
are satisfied. The proposal also includes consideration of a Negative Declaration.
Written Communications: Report dated October 1, 2002, and Supplement Report,
dated September 30, 2002, from Thomas Tomlinson, Director of Planning.
Letter dated September 30, 2002, from Carolyn Nash, City resident, in support of
proposed code amendment.
Presentation: Richard Greenbauer, Associate Planner, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing.
Public Testimon .
The following individuals spoke in opposition to the proposed Ordinance: David
Myers, Kathy Divel, Steve Divel, Bryan Quan, Ken Anderson, Charles Baker, Dale
Kosinski, Robert Rice, Edwin Smith & Micaela Crane, Randy Phelan, Dave
McGowan, Sam Macaluso, Barney Myer, Peter N. Turuian, Arlaine Aegerter, Kent
City Council Minutes 5 10-1-02
Reeves, Lesley Manent, Robert Estel, Chris Haug, Virginia Brady, Mark Hadley,
Eric Steandberg, Stanley Davis, Launi Cory, Douglas Albin, Carl F. Patton, Ron
Lance, Claes Rosdahl, Trevor Dale, Chris Sarabia.
The following individuals spoke in favor of the proposed Ordinance: Marguerite
Beauchamp and Carolyn Nash,
Mayor Bathgate closed the public hearing.
Council Comments:
Council Member Swerdlin supported parking of vehicles in the front yard setback
as long as there were no encroachments on sidewalks or easements.
Council Members concurred.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart and carried unanimously, 4-0, to deny the approval of an Ordinance
amending Title 9 of the Land Use Code related to off-street parking and loading,
recreational vehicles, boats and trailers; and deny a resolution confirming issuance
of a Negative Declaration; and to bring back on a later date for safety issues .
3. ORDINANCE INTRODUCED AMENDING TITLE 9 OF THE SAN JUAN
MUNICIPAL CODE APPROVED (CONTINUED FROM SEPTEMBER 3, 2002)
(420.30)
Project Description: At the City Council meeting of September 3, 2002, public
testimonywas received requesting clarification of specific provisions and suggesting
modifications to the draft Title 9, Zoning and Subdivision Regulations. Staff
reviewed the comments and prepared an analysis for City Council consideration.
Written Communications: Report dated October 1, 2002, from Thomas Tomlinson,
Director of Planning.
Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing.
Public Testimony:
Darren Stroud of Jack, DeMarco, Peckenpaugh, Irvine, representing unnamed
parties, requested a continuance to allow residents to consider the impacts. He
cited concerns that public noticing requirements were not met.
City Council Minutes 6 10-1-02
Tom Lorch, San Clemente resident and City property owner, requested further
consideration of interim uses for the HR zone.
Wayne Peterson, Mission Viejo, representing proponents of the Jserra Initiative,
requested additional time to review impacts of the Ordinance on certain property.
Brad Gates, City resident, requested the City Council move forward with approval,
as the Ordinance had been under consideration by the public for a great deal of
time.
Mayor Bathgate closed the public hearing.
Council Comments:
Council Member Hart felt that the Ordinance should move forward.
Council Member Swerdlin clarified that any potential Impacts this Ordinance may
bring to the JSERRA Educational Initiative could be brought to a Council meeting
at a later time. He agreed with Council Member Hart to move forward with the
Ordinance.
Mayor Bathgate requested to allow exceptions to the requirement that light
standards be a maximum of 14 -feet in height.
Meg Monahan, City Clerk read the title of the Ordinance, entitled "AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE."
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 4-0, to approve introduction and first reading of
the Ordinance.
RECESS AND RECONVENE
Council recessed at 9:13 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 9:25 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. FEE WAIVER APPROVED FOR RELOCATION AND REHABILITATION OF THE
SAN DIEGO GAS & ELECTRIC CARETAKER RESIDENCE TO THE DAVIDSON
PROPERTY LOCATED AT 26621 RAMOS STREET (390.30)
City Council Minutes 7 10-1-02
Project Description: On August 20, 2002, the Council approved funding for the
relocation of two existing caretaker structures from the San Diego Gas & Electric
property, as they were slated for demolition. Originally, two non-profit organizations
located on City open space, requested the structures. Both non-profit groups have
since withdrawn their interest, although Camp Cookie is reconsidering their position.
David & Mary Ann Davidson have expressed interest in one structure and have
requested the City waive applicable fees. Staff advises the request would be
consistent with Council Policy 603, if the structure qualifies for listing as a Historic
and Cultural landmark.
Written Communication: Report dated October 1, 2002 by Thomas Tomlinson,
Director of Planning.
Presentation: George Scarborough, City Manager, reviewed the staff
recommendation.
Public Comment:
David Davidson, 26621 Ramos Street, supported a facade easement should
applications for cultural landmark and historic structure status not be granted.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Gelff and carried unanimously, 4-0, to approve the fee waiver for the relocation and
rehabilitation of the SDG&E Caretaker Residence to the Davidson property located
at 26621 Ramos Street; conditioned that the City process a facade easement
should applications for cultural landmark or historic structure status be
unsuccessful.
ORDINANCES: None
COUNCILMANIC ITEMS
INITIATION OF A GENERAL PLAN AMENDMENT TO CONSIDER THE
ADOPTION OF THE PREAMBLE TO THE GENERAL PLAN APPROVED (440.25)
Project Description: Mayor Bathgate presented a draft General Plan Preamble to
provide a concise statement of community values and establish a framework for
interpretation of General Plan provisions. Pending Council approval of initiating a
General Plan amendment, the draft would be referred to the Planning Commission
for review and recommendation.
Written Communication: Report dated October 1, 2002, by Mayor Bathgate.
Presentation: Mayor Bathgate, reviewed the recommendation.
City Council Minutes 8 10-1-02
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Gelff and carried unanimously, 4-0, to approve the initiation of a General Pian
Amendment to consider the adoption of the Preamble to the General Plan.
2. ORAL REPORTS OF OUTSIDE AGENCIES:
Mayor pro tem Gelff
Associated Seniors Action Program (ASAP) (595.60): ASAP volunteers were
represented at the funeral for Sergeant Matthew Davis.
League of California Cities (140.20): Swerdlin and Gelff to attend the League of
California Cities conference this week in Long Beach.
COUNCIL COMMENTS:
Council Member Swerdlin reported progress by the JSERRA subcommittee, anticipating
a proposal would be presented at the next Council meeting.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 9:34 p.m. to
a Regular meeting, Tuesday, October 15, 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 submitte ,
R. MONAHAN, CITY CLERK
: November 5, 2002
ATTEST:
DIANE BATHGATE,
City Council Minutes 9 10-1-02