02-1015_CC_Minutes_Regular MeetingMINUTES
October 15, 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:
1. 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 7:06 p.m. in the City Council Chamber. Council Member
Collene Campbell led the Pledge of Allegiance to the Flag. Pastor Bradley Shingler,
Gateway Community 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; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Thomas Tomlinson,
Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani,
Public Works 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 reported
INTRODUCTIONS, PRESENTATION AND DONATIONS
TOM FULTON OF PAC BELL PRESENTED A DONATION CHECK TO DANA
BUTLER OF THE FRAN JOSWICK THERAPEUTIC RIDING CENTER (610.40)
Fran Joswick Therapeutic Riding Center is a non-profit organization that offers
horseback riding as a means of therapy for people with mental and physical
disabilities. Tom Fulton representing Pac Bell, presented a $2,000 donation check
to Dana Butler of the Fran Joswick Therapeutic Riding Center.
City Council Minutes 1 10-15-02
2. ORANGE COUNTY FIRE AUTHORITY CHIEF CHIP PRATHER RECOGNIZED
FOR RECEIVING THE 2002 FIRE CHIEF OF THE YEAR AWARD FROM THE
CALIFORNIA FIRE CHIEFS' ASSOCIATION (610.40)
Mayor Bathgate presented Fire Chief Chip Prather of the Orange County Fire
Authority with a Certificate of Commendation, recognizing his receipt of the 2002
Fire Chief of the Year Award from the California Fire Chiefs' Association.
3. PROCLAMATION DESIGNATING OCTOBER 17 THROUGH 20, 2002, AS THE
"49TH NATIONAL CONVENTION OF GIRL SCOUTS OF THE USA" (610.40)
Mayor Bathgate presented a proclamation to Brownie Troop 2236, proclaiming
October 17 through 20, 2002, as the "49th National Convention of Girl Scouts of the
United States of America."
4. LONG-TERM EMPLOYEE JULIA SILVA RECOGNIZED (730.90)
Julia Silva, Assistant City Manager, was recognized for her 15 years of service to
the City by George Scarborough, City Manager. Mayor Bathgate presented Silva
with a Certificate of Recognition.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following persons in attendance: Don Tryon and
Tony Forster, Cultural Heritage Commission; Marie Buckner and Joann de Guevara,
Housing Advisory Committee; Les Blair, Liaison to the ASAP volunteers; Sheldon
Cohen, Planning Commission; Tori Hadinger, Parks, Recreation and Equestrian
Commission; Chief Chip Prather, Orange County Fire Authority; Joe Soto, Water
Advisory Commission; Monsignor Martin; Brad Gates, former Orange County
Sheriff; Jerry Miller, Executive Director of the Mission; Boy Scout Troop 409 and
their leader, former Council Member Jeff Vasquez
ORAL COMMUNICATIONS:
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT):
Jack Tarr, City resident, promoted the benefits of supporting the Home Depot purchase of
the Lower Rosan Ranch property.
Les Blair requested a name change for the Mini Park. George Scarborough, City Manager,
reported that it would be considered at an upcoming City Council meeting.
Bobbi Decker, City resident, spoke in opposition to the Home Depot proposal.
City Council Minutes 2 10-15-02
Jack Heath, City resident, felt the Home Depot proposal would increase traffic problems.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin
and carried, 5-0, unanimously, to approve items 1 and 3 through 12 as recommended by
Staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 17, 2002,
APPROVED AS SUBMITTED
This item was removed from the Consent Calendar to allow Council Member
Campbell to abstain from voting:
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Mayor pro tem Gelff and
Mayor Bathgate
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Campbell
3. WARRANTS DATED SEPTEMBER 19, 2002, IN THE AMOUNT OF $1,512,621.83,
AND PAYROLL WARRANTS DATED SEPTEMBER 26, 2002, IN THE AMOUNT
OF $230,444.67 RECEIVED AND FILED (300.30)
4. CASH FUND BALANCES BY FUND - JULY 31, 2002, AND AUGUST 31, 2002,
RECEIVED AND FILED (330.50)
5. RESOLUTION NO. 02-10-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN AMENDMENT OF THE CONDITIONS OF APPROVAL OF CITY
COUNCIL RESOLUTIONS NO. 01-06-05-06 (TENTATIVE PARCEL MAP 00-215)
(BECK)" RESCINDING CONDITION 13-F RELATED TO SEWER EASEMENT
DEDICATION OFFER (420.70)
6. AGREEMENT APPROVED WITH STEWART AND ASSOCIATES FOR WEED,
RUBBISH, AND THISTLE ABATEMENT FOR A FOUR-YEAR PERIOD
COMMENCING NOVEMBER 1, 2002, AND ENDING OCTOBER 31, 2006, IN THE
AMOUNT OF $309,698.00 (AVERAGE OF $77,424.50 PER YEAR) (600.30)
City Council Minutes 3 10-15-02
7. AGREEMENT APPROVED WITH MUNICIPAL UNDERGROUND SERVICES, INC.,
FOR PERFORMANCE OF SANITARY SEWER AND STORM DRAIN LINE
SERVICES FOR A THREE-YEAR PERIOD COMMENCING NOVEMBER 1, 2002
AND ENDING OCTOBER 31, 2005, FOR THE UNIT PRICES AS SHOWN IN
THEIR PROPOSAL (600.30)
8. AGREEMENT APPROVED WITH ORANGE COUNTY STRIPING SERVICE, INC.,
FOR A THREE-YEAR PERIOD COMMENCING NOVEMBER 1, 2002 AND
ENDING OCTOBER 31, 2005, FOR THE UNIT PRICES AS SHOWN IN THEIR
PROPOSAL (600.30)
9. RESOLUTION NO. 02-10-15-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FOR STORM DRAINAGE PURPOSES AND AN
EASEMENT FOR STORM DRAIN MAINTENANCE ACCESS WITHIN PARCELS
1 AND 2 OF PARCEL MAP 96-140, FORMERLY LOT 23 OF TRACT 13025
(LOONEY);" AND, CITY CLERK DIRECTED TO FORWARD EASEMENTS TO THE
ORANGE COUNTY RECORDER (670.50)
10. RESOLUTION NO. 02-10-15-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FOR UTILITY PURPOSES WITHIN LOT 10 OF
TRACT 6402 AKA 32981 CALLE PERFECTO (IHDE TRUST);" AND, CITY CLERK
DIRECTED TO FORWARD THE EASEMENT TO THE ORANGE COUNTY
RECORDER (670.50)
11. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED
(440.10)
12. RESOLUTION NO. 02-10-15-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
UPHOLDING THE ZONINGADMINISTRATOR'S JULY DECISION APPROVING
A CONDITIONAL USE PERMIT (CUP 02-06) TO ALLOW A SECONDARY
DWELLING UNIT IN THE (ES) SMALL ESTATE ZONE DISTRICT ON PROPERTY
LOCATEDAT31801 PASEO TERRAZA AND MORE SPECIFICALLY REFERRED
TO AS ASSESSORS PARCEL NO. 649-291-18 (ROBERT HERVEY)" (460.70)
PUBLIC HEARINGS:
RESOLUTION NO. 02-10-15-05 ADOPTED APPROVING ABANDONMENT OF AN
EASEMENT FOR ROAD AND UTILITY PURPOSES WITHIN LOT 10 OF TRACT
6402 FOR PROPERTY LOCATED AT 32981 CALLE PERFECTO (AMERICAN
COMPACTION EQUIPMENTIIHDE TRUST) (670.50)
Pro'ect Description: Mr. Monty Ihde requested the City abandon an unused portion
City Council Minutes 4 10-15-02
of right-of-way at the northeasterly end of his property. Due to existing utilities in the
area, Mr. Ihde has offered a revised utility easement to the City for acceptance.
Written Communications: Report dated October 15, 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 Swerdlin, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to adopt Resolution No. 02-10-95-05 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, QUITCLAIMING A PUBLIC EASEMENT FOR ROAD
AND UTILITY PURPOSES WITHIN LOT 10 OF TRACT 6402 AKA 32981 CALLE
PERFECTO (IHDE TRUST)," AND, THE CITY CLERK DIRECTED TO FORWARD
THE DEED TO THE ORANGE COUNTY RECORDER
2. RESOLUTION NO. 02-10-15-06 ADOPTED APPROVING QUITCLAIM OF AN
EASEMENT FOR DRAINAGE PURPOSES WITHIN PARCELS 1 AND 2 OF
PARCEL MAP 96-140 FOR PROPERTY LOCATED AT 31522 AND 31532 VIA
SANTA MARIA (SCOTT LOONEY/HUNTER'S CREEK) (670.50)
Project Description: Mr. Scott Looney requested the City abandon an existing
drainage easement located within two parcels owned by Mr. Looney. The existing
open drainage culvert will be replaced with a buried box structure with an inlet to be
installed within the City Open Space just outside of Mr. Looney's property. The
subject easement will be replaced with a revised easement. Staff recommends
approval.
Written Communications: Report dated October 10, 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 Mayor pro tem Gelff, seconded by Council Member Hart
and carried unanimously, 5-0, to adopt Resolution No. 02-10-15-06, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, QUITCLAIMING AN EASEMENT FOR DRAINAGE
City Council Minutes 5 10-15-02
PURPOSES WITHIN PARCELS 1 AND 2 OF PARCEL MAP 96-140, FORMERLY
LOT 23 OF TRACT 13025 (LOONEY);" and, the City Clerk directed to forward the
deed to the Orange County Recorder
3. ORDINANCE INTRODUCED ADOPTING THE 2001 CALIFORNIA FIRE CODE
(540.30)
Project Description: Adoption of the latest edition of the California Fire Code is
necessary to provide consistency with the regulations that apply to the use and
occupancy of buildings and structures of the City. Staff recommends approval of
the first reading and introduction of an ordinance adopting the 2001 California Fire
Code, providing for updated standards and specifications for fire safety.
Written Communications: Report dated October 15, 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 Comments:
Council Member Swerdlin thanked the Orange County Fire Authority for their focus
on prevention.
Meg Monahan, City Clerk, read the title of the Ordinance entitled "AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO ADOPTING THE 2001 CALIFORNIA
FIRE CODE, THE UNIFORM FIRE CODE INCLUDING APPENDICES"
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to approve introduction and first reading of the
Ordinance.
4. ORDINANCE INTRODUCED ADOPTING THE 2001 CALIFORNIA BUILDING
STANDARDS CODES (450.30)
Pro'ect Description: The adoption of the latest editions of the California Building
Standards Codes is required by state statutes to provide consistency with
regulations that apply to the construction, use, and occupancy of buildings and
structures in the City. Staff recommends approval of the first reading and
introduction of an ordinance adopting the 2001 California Building Standards Codes
which include the Building, Electrical, Plumbing, Mechanical, and Energy codes.
City Council Minutes 6 10-15-02
Written Communications: Report dated October 15, 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.
Meg Monahan, City Clerk, read the title of the Ordinance entitled "AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTERS 1 AND 2 OF TITLE 8, "BUILDING REGULATIONS", OF THE
MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2001 CALIFORNIA
BUILDING STANDARDS CODES INCORPORATING THE UNIFORM BUILDING
CODE, 1997 EDITION; NATIONAL ELECTRICAL CODE, 1999 EDITION;
UNIFORM PLUMBING CODE, 2000 EDITION; UNIFORM MECHANICAL CODE,
2000 EDITION, 2001 CALIFORNIA ENERGY CODE, WITH APPENDICES, AS
AMENDED."
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to approve introduction and first reading of the
Ordinance.
RECESS AND RECONVENE
Council recessed at 10:52 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 10:56 p.m.
ADMINISTRATIVE ITEMS
H REPORTS ON THE JSERRA INITIATIVE (H1a through H1d combined)
ORDINANCE NO, 868 ADOPTED AMENDING THE GENERAL PLAN AND
AMENDING THE ZONING AS SET FORTH IN THE JSERRA EDUCATION
INITIATIVE; DECLARATION OF COVENANTS AND IMPLEMENTATION
AGREEMENT APPROVED BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND PUEBLO SERRA, LLC REGARDING THE JSERRA EDUCATION INITIATIVE;
AND, RECEIPT AND PROCESSING OF A STOCKPILE PERMIT IN
ACCORDANCE WITH CODE REQUIREMENTS APPROVED (600.301630.20)
Description: At the City Council meeting of September 17, 2002, the Council
established an Ad Hoc Committee to meet and discuss with the sponsors of the
Initiative, to negotiate a possible agreement to address issues in an attempt to
reduce anticipated impacts caused by implementing the initiative. The Ad Hoc
City Council Minutes 7 10-15-02
Committee drafted an agreement should the City Council consider adoption of the
contents of the Initiative in -lieu of setting a special election. The Committee also
recommends approving a stockpile permit with conditions of approval designed to
ensure protection of the identified native American artifact site.
a. Report and Recommendation from Ad Hoc Committee on the JSERRA
Educations Initiative
Written Communications: Report dated October 15, 2002, from the JSERRA
Ad Hoc Committee.
Presentation: David Swerdlin, Ad Hoc Committee Chairman, discussed the
points of interest regarding potential impacts of the initiative as well as
community benefits. He reported the draft agreement sets enrollment at
2000 students per year instead of the proposed 3000; allows per student
fees which automatically increase after the third year; implements mitigation
of the traffic impacts; implements financial aid for City youth; provides for
public use of project facilities; and, authorizes staff to process a temporary
stock piling permit.
b. Consideration of Report on Initiative Petition (JSerra Education Initiative) -
Planning Director
Written Communications: Report dated October 15, 2002, from Thomas
Tomlinson, Planning Director.
Presentation: Thomas Tomlinson, Planning Director, reviewed the
provisions of the General Plan and Land Use Code that would be amended
to allow the development, construction, and operation of a school for
property located east of the intersection of Camino Capistrano and Junipero
Serra, should the initiative be adopted.
C. JSERRA Initiative Process - City Attorney
Written Communications: Report dated October 15, 2002, from John R.
Shaw, City Attorney.
Presentation: John R. Shaw, City Attorney, reported per the Elections Code
Section 9214, the City Council must either adopt the initiative as proposed
or call for a special election. He also noted that applicability of the CEQA
process does not apply if the ordinance adopting the JSERRA initiative is
approved.
d. Consideration of Conducting and Funding a Special Election (JSERRA
Initiative) - City Clerk
City Council Minutes 8 10-15-02
Written Communications: Report dated October 15, 2002, from Meg
Monahan, City Clerk.
Presentation: Meg Monahan, City Clerk, reported that should the City Council
call a special election to place the initiative on the ballot, the election would
be held on January 14, 2003. The costs to conduct a special election are
estimated at $34,000. These funds would need to be appropriated and a
request made to have the County conduct the election.
Written Communication: Report dated October 15, 2002, bythe JSERRA Ad
Hoc Committee
Letters opposing the project: Letter dated October 6, 2002, from Ruthie Ann
Stoffel, Tustin; letter dated October 13, 2002, from Matt Coker, Costa Mesa;
letter dated October 13, 2002, from Michael Anthony Cheatham; letter dated
October 13, 2002, from Rhonda Robles; letter dated October 14, 2002, from
Linda Samels Ceballos, Los Angeles; fetter dated October 14, 2002, from
Anthony Rivera, Archaeology Committee, Juaneno Band of Mission Indians;
letter dated October 14, 2002, from Brother Joshua Seidl, Society of St.
Paul, Ohio; letter dated October 14, 2002, from Kristine Nelson, Oceanside;
letter dated October 13, 2002, from Sonia Johnston, Tribal Chairperson,
Juaneno Band of Mission Indians; letter dated October 13, 2002, from Diane
A. Carty, Santa Ana; and letter received from C. Candace Coffman,
University of California at Irvine.
Cards received from Lana Huie, San Clemente; Carolyn Peterson, Lake
Forest; Jillison Tietz, City resident; Brett G. Nelson, City resident; Doran A.
Farnum, City resident; Amy Jones, City resident; Ricardo Duffy, City resident;
Marla Chappelear, City resident; Marilee Keeney, Laguna Niguel; and Walter
B. Davis, City resident, supporting preservation of the sacred site of the
Acjachamen/Juaneno people.
Letter dated October 1, 2002, from Wayne Peterson of Wayne Peterson and
Associates representing Pueblo Serra LLC, owner of the 29.2 acre -site
requesting approval from Council to import 27K cubic yards of earth to
provide increased cover over the Native American ancestral remains that
exist on the site.
Public Comment:
Spoke in favor of the project: Wayne Peterson, David Belardes, Joyce Perry,
John Ramirez, Tony Forster, Reed Royalty and Steve Hammond.
Spoke in opposition to the project: Damien Shilo, Steven Quevedo, Larry
City Council Minutes 9 10-15-02
Smith, Orrie Brown, Michael Merrifield, Robert LaCoss, Louis Valenzuela
Robles Jr., Rebecca Robles, Fran Yorba, Michelle Flores, Wendy Broffman,
Luis Arturo Guevaro, Rhonda Robles, Ricardo Duffy, Anna Christensen, Paul
Arms, Richard Stowe, Paula Stienborne, Doug Korfhof and Julian Golliette.
Made general comments: Roxy Gonzales spoke on CEQA issues and had
attempted to file an appeal concerning the environmental issues; Rev.
Charles R. White Lisa Rosen felt City moving too fast; Patricia Martz spoke
on preservation issues; Kim Kenton spoke on traffic issues; Eleanor Robins
spoke of soil contaminants.
Council Comments:
Mayor pro tem Gelff stated the Indian burial area was a major consideration
for the Ad Hoc Committee. He strongly supported proceeding with the
project.
Council Member Swerdlin stated the property must go through the process
of being rezoned in order to proceed with a high school or a cultural center.
He supported the JSerra project.
Council Member Hart felt the JSerra proposal was sensitive to the concerns
of the Juaneno Tribe. He supports the project and stated that CEQA
guidelines will apply for all construction on the site as well as traffic.
Archeology concerns would be addressed.
Council Member Campbell stated the project would provide benefits to the
City but was concerned about the changes that would be made to the
recently amended general plan. She felt more input was needed from the
residents and supported placing the initiative on the ballot.
Mayor Bathgate stated the proposed changes to the general plan were
significant and would affect this site as well as other sites within the City.
She supported placing the initiative on the ballot.
Meg Monahan, City Clerk, read the title of the Ordinance entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE GENERAL PLAN AND CHANGING THEZONING FOR38
ACRES OF LAND TO PUBLIC INSTITUTIONAL FOR PROPERTY
I DENTI FI ED AS ASSESSOR PARCEL NUMBERS 649-361-03,649-011-25,
AND 649-011-30, IN ACCORDANCE WITH THE PROVISIONS OF THE
JSERRA EDUCATION INITIATIVE."
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart and carried unanimously, 3-2-0 to adopt Ordinance No. 868
City Councii Minutes 10 10-15-02
amending the General Plan and amending the zoning as set forth in the
JSerra Education Initiative; Agreement entitled "Declaration of Covenants
and Implementation Agreement by and between the City of San Juan
Capistrano and Pueblo Serra, LLC regarding the ,!Serra Education Initiative'
approved; and, receipt and processing of a stockpile permit in accordance
with code requirements approved.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
H2 PLANNING DIRECTOR
Swerdlin, Hart and Mayor pro tem
Gelff
Campbell and Mayor Bathgate
None
a RESOLUTION NO. 02-10-15-07 ADOPTED AUTHORIZING SUBMITTAL OF
APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE 2002 HOME
PROGRAM (430.40)
Project Description: On August 1, 2002, the State issued a Notice of Funding
Availability for the 2002 Home Investment Partnership Program. The Notice
provides specific application criteria including eligible activities, maximum activity
amount that can be requested and due date of the application. Staff is proposing
that the State HOME Program application include both a housing rehabilitation and
a first-time home buyer program as well as a request for the maximum amount of
funding.
Written Communication: Report dated October 15, 2002, by Thomas Tomlinson,
Director of Planning.
Council Action: Moved by Swerdlin, seconded by Mayor pro tem Gelff and carried
unanimously, 5-0, to adopt Resolution No. 02-10-15-07 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM,
EXECUTION OF AN AGREEMENT, AND OTHER DOCUMENTS;" and, approve
a modification to the first-time homebuyer program rules, policies and procedures.
City Council Minutes 11 10-15-02
H3 CITY MANAGER
a $8,000 APPROPRIATED FROM THE GENERAL FUND RESERVETO BUILD AND
INSTALL AN ASSOCIATION SENIORACTION PROGRAM MONUMENT AT THE
HISTORIC TOWN CENTER PARK (920.40)
Project Description: The City Council has expressed a desire to have an Associated
Senior Action Program (ASAP) monument installed in the downtown area to
celebrate the contributions of the many ASAP volunteers who have donated so
much to our community. Staff recommends $7,200 be appropriated from the
General Funds Reserves to cover the cost of the monument, including $800 for
lighting.
Written Communication: Report dated October 15, 2002, by Julia Silva, Assistant
City Manager.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to appropriate $8,000 from the General Fund
Reserves to Account 01-62538-4122 to build and install an Associated Senior
Action Program (ASAP) monument at the Historic Town Center Park
H4 ENGINEERING AND BUILDING DIRECTOR
a STRATEGIC TRANSPORTATION PLAN ADOPTED AND STAFF DIRECTED TO
RETURN TO THE CITY COUNCIL WITH A DETAILED PLAN FOR AN
AGGRESSIVE CAMPAIGN BY THE CITY TO IMPLEMENT THE STRATEGIES
(590.60)
Project Description: The City Council directed staff to prepare a Strategic
Transportation Plan to consider regional traffic impacts to the City from projects
such as the Rancho Mission Viejo Project, La Pata Extension, and the Foothill
Corridor South Extension, etc. The study makes a number of recommendations to
help to divert traffic away from the community and reduce the impacts of future
traffic growth. Staff recommends adopting the Strategic Plan.
Written Communication: Report dated October 15, 2002, and Supplemental Report
dated October 10, 2002, by William M. Huber, Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building, reviewed the
staff recommendation and reported staff had revised their recommendation to
include returning to the City Council at a future date with a detailed plan for an
aggressive campaign by the City to cause the implementation of the strategies.
City Council Minutes 12 10-15-02
The City's consultant, Les Card of LSA, presented the results of the study.
Public Comment:
Richard Stowe, City resident, felt the City should consider other modes of
transportation such as busing, bicycling and trains.
Council Comment:
Council Member Hart supported looking into regional remedies first before Ortega
Highway worsens.
Mayor pro tem Gelff stated he liked the overall plan but did not support the process
due to concerns regarding La Pata and the Foothill Transportation Corridor South.
Council Members Swerdlin, Campbell and Mayor Bathgate supported the
recommendation.
Council Action: Moved by Council Member Campbell, seconded by Council Member
Swerdlin and carried, 4-1-0, to approve the Transportation Strategic Plan, included
in the report prepared by LSA, dated September 2002; and staff directed to return
to the City Council with a detailed plan for an aggressive campaign by the City to
cause implementation of the strategies, funding opportunities and local and regional
processing actions required to initiate consideration of the strategies.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Campbell, Swerdlin and Mayor
Bathgate
Mayor pro tem Gelff
None
H5 ADMINISTRATIVE SERVICES DIRECTOR
a RESOLUTION NO. 02-10-15-08 ADOPTED APPROVING A PROPERTY LEASE
BETWEEN THE CITY AND SAN JUAN BASIN AUTHORITY (PHASE I OF
GROUNDWATER RECOVERY PLANT) (600.30)
Project Description: On September 3, 2002, the Capistrano Valley Water District
Board of Directors approved a Service Contract with ECO, Resources, Inc. to
design, construct and operate Phase I of the San Juan Basin Authority Ground
Water Recovery Plant. The project consists of a plant site, eight well sites, a pump
City Council Minutes 13 10-15-02
station and pipelines, all located within the City of San Juan Capistrano. In order
for the San Juan Basin Authority to issue the Lease Revenue Bonds for financing
the project, they must gain access to the property. Staff is recommending approval
of a Property Lease for property access.
Written Communication: Report dated October 15, 2002, by Cynthia L. Russell,
Director of Administrative Services.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member
Campbell and carried, 4-1-0, to adopt Resolution No. 02-10-15-08 entitled
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A PROPERTY LEASE TO BE ENTERED INTO WITH
THE SAN JUAN BASIN AUTHORITYAND APPROVING CERTAIN DOCUMENTS
AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH."
ORDINANCES:
1. ORDINANCE NO. 869 ADOPTED AMENDING TITLE 9 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE (420.30)
Project Description: First Reading and introduction of an ordinance amending Title
9 of the San Juan Capistrano Municipal Code was approved on October 1, 2002.
This is an opportunity to finalize the adoption of the ordinance
Written Communication: Report and Supplementary Report dated October 15,
2002, from Meg Monahan, City Clerk
Presentation: 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 Swerdlin, seconded by Council Member
Campbell and carried unanimously, 5-0, to adopt Ordinance No. 869 amending
Title 9 of the San Juan Capistrano Municipal Code.
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Campbell
Associated Seniors Action Program (ASAP) (595.60): Campbell will attend luncheon
this Thursday with the ASAP volunteers.
City Council Minutes 14 10-15-02
COUNCIL COMMENTS:
Council Member Swerdlin remarked on the recent recognition and accomplishments of new
Eagle Scouts.
Mayor Bathgate hosted the annual San Juan Capistrano Story Telling event.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 11:43 p.m. to
a Regular meeting, Tuesday, November 5, 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,
R. MONAHAN, CITY CLERK
Approved: November 19, 2002
ATTEST:
DIANE BATHGATE, MAYOR
City Council Minutes 15 10-15-02