03-0415_CC_Minutes_Regular MeetingMINUTES
April 15, 2003
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 54956.8(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 leasee's representative is Larry Hatfield.
2. Pursuant to Government Code section 54956.9(b)(1) the City Council conferred with
its legal counsel regarding two matters.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Gelff called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:01 p.m. in the City Council Chamber. Council Member
Wyatt Hart led the Pledge of Allegiance to the Flag. Pastor Bradley Shingler, Gateway
Community Church, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, David M. Swerdlin, Mayor
pro tem Joe Soto, and Mayor John S. Gelff.
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. J.B. Davis,
Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - No action taken
INTRODUCTIONS PRESENTATION AND DONATIONS
WALL OF RECOGNITION CONSIDERED AS ITEM 1-2
City Council Minutes 1 4-15-03
2. PRESENTATION TO DOCENT SOCIETY OF MISSION SAN JUAN CAPISTRANO
(610.40)
Mayor Gelff recognized the Docent Society of Mission San Juan Capistrano. Bob
Spidel accepted a Certificate of Appreciation from Mayor Gelff on behalf of the
Docent Society members.
3. PRESENTATION OF MAYOR'S AWARD - EDUCATOR OF THE YEAR TO
MONSIGNOR PAUL MARTIN (610.40)
Mayor Gelff recognized Monsignor Paul Martin for his major contributions to the
community and presented Monsignor Martin with the Mayor's 2003 Educator of the
Year award.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Soto introduced the following persons in attendance: Don Tryon and
Janet Siegel, Cultural Heritage Commission; Joann de Guevara, Marie Buckner and
Howard Langhans, Housing Advisory Committee; Tori Haidinger, Kathy Hooper,
Angela Duzich and Ilse Byrnes, Parks, Recreation and Equestrian Commission;
Sheldon Cohen and Robert Cardoza, Planning Commission; Jerry Miller, Executive
Director of the Mission San Juan Capistrano; Colleen Campbell, former Mayor and
Council Member; Les Blair, Council Liaison to the Seniors; and, T.J. Meadows,
former Director of the Capistrano Valley Water District.
ORAL COMMUNICATIONS:
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYL:
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate
and carried unanimously, 5-0, to approve items 1 through 7 as recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES FROM THE REGULAR MEETING OF MARCH 18, 2003, APPROVED
AS SUBMITTED.
3. RESOLUTION NO. 03-04-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETE AS TO PLANS AND SPECIFICATIONS
FOR THE SERRA PARK PLAYGROUND EQUIPMENT PROJECT (DAVE BANG
AND ASSOCIATIONS, INC.) (CIP NO. 478);" RESOLUTION NO. 03-02-15-02
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
City Council Minutes 2 4-15-03
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETE AS TO PLANS AND SPECIFICATIONS FOR THE BONITA PARK
PLAYGROUND EQUIPMENT PROJECT (DAVE BANG AND ASSOCIATES, INC.)
(CIP NO. 475);" CITY CLERK DIRECTED TO PROCESS THE RECORDING OF
THE NOTICES OF COMPLETION FOR EACH PROJECT; AND, STAFF
AUTHORIZED TO RELEASE THE PROJECT RETENTION FOR THE BONITA
PARK PLAYGROUND EQUIPMENT PROJECT (CIP NO. 475), IN THE AMOUNT
OF $2,524.07, THIRTY-FIVE DAYS AFTER RECORDATION. (600.30)
4. AMENDMENT NO.6 APPROVED TO THE COOPERATIVE AGREEMENT NO. C-
95-989 COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER
FUNDING AGREEMENT BETWEEN ORANGE COUNTY TRANSPORTATION
AUTHORITY (OCTA) AND THE CITY OF SAN JUAN CAPISTRANO. (600.50)
5. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED.
(440.10)
6. WARRANTS DATED MARCH 20, 2003, IN THE AMOUNT OF $1,388,068.31;
AND, PAYROLL WARRANTS DATED MARCH 27, 2003, IN THE AMOUNT OF
$228,411.05, RECEIVED AND FILED. (300.30)
7. CLAIM OF LEONARD BRONGO DBA BRONGO CONSTRUCTION INC., DENIED
BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S
INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70)
PUBLIC HEARINGS: None
RECESS AND RECONVENE
Council recessed at 7:20 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:21 p.m.
ADMINISTRATIVE ITEMS
G1. PLANNING DIRECTOR
a. URGENCY ORDINANCE NO. 877 ADOPTED ESTABLISHING INTERIM
DEVELOPMENT REGULATIONS FOR THE AREA COMMONLY KNOWN AS
"MISSION HILLS" AND "MISSION FLATS"; PENDING DEVELOPMENT
APPLICATIONS SUBJECT TO ARCHITECTURAL CONTROL REQUIREMENTS,
AND PLANNING COMMISSION TO CONSIDER TRAFFIC IMPACTS
(410.301460.30)
City Council Minutes 3 4-15-03
Project Description: At the meeting of April 1, 2003, a resident of Don Juan Avenue
requested thatthe City Council impose an interim urgency ordinance to preclude the
development of duplex units within the neighborhood commonly known as "Mission
Hills/Mission Flats. Staff presented several Alternatives for the Council's
consideration.
Written Communication: Report and Supplemental Agenda Report dated April 15,
2003, by Thomas Tomlinson, Planning Director.
Letter, dated April 11, 2003, from T.J. Meadows, supported denial of the urgency
ordinance.
Letter, dated April 10, 2003, from Thomas W. Hribar, supported development of
duplexes at the end of EI Horno.
Letter dated April 14, 2003, from Jane Lohrback, opposed the duplex project.
Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Public Comment:
Bart Crandell, Architectural consultant for the proposed duplex project, reviewed the
project proposal and supported current zoning provisions.
T.J. Meadows, City resident, opposed to the urgency ordinance due to impact on
property rights of the current vacant lot owners.
Jack Campbell, City resident, opposed the ordinance and supported property rights
of owners.
Richard Hill Adams, applicant representing a proposed project under consideration
in the neighborhood, discussed the project attributes and opposed the urgency
ordinance.
John Martin, City resident, felt the proposed developments should proceed as
vacant lots are attractive nuisance.
Tom Entwistle, City resident, supported an urgency ordinance to protect
neighborhood historic qualities.
Dusty W. Otero, City resident, opposed urgency ordinance.
Ellen Lowe, City resident, supported proposed duplex project.
City Council Minutes 4 4-15-03
Angela Duzich, City resident, supported urgency ordinance and felt that the duplex
project was massive and needed diverse architecture.
Joe Drey, City resident, supported the duplex project and property rights.
Garry Meeker, City resident, felt the areas needed density regulations.
Dave Busk supported private property rights.
Trisha Juenemann, City resident, supported private property rights.
Shirley Witt, City resident, felt the duplex project was appropriate for required
zoning.
Nico Germann, City resident, felt that the development should be responsive to
neighborhood historic qualities.
Ed Nunez, City resident, concerned with neighborhood density and supported
ordinance.
Orrie Brown, City resident, supported urgency ordinance, varied architecture and
lower density.
Ron Austin, Laguna Niguel resident, and City property owner with pending
application in the Mission Hills/Mission Flats neighborhood, opposed new
regulations that would stop his current application.
Brad Box and Ricardo Dury, City residents, supported the proposed projects.
Ricardo Duffy, City resident, felt more architectural diversity and lower density was
needed; and, supported the urgency ordinance.
Micheal Moyles, City resident, supported the urgency ordinance.
Council Comment:
Council Member Hart stated supported protecting the Mission Hills/Mission Flats
neighborhood, while allowing proposed projects in the area to proceed through
approval processing.
Council Member Bathgate recommended architectural review processing for
currently proposed projects, in addition to supporting an urgency ordinance.
City Council Minutes 5 4-15-03
Mayor pro tem Soto suggested additional review of project landscape design, traffic
mitigation signage and slurry seal of Don Juan Avenue.
Meg Monahan, City Clerk read the title of the Interim Urgency Ordinance, "AN
INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858,
RELATING TO LAND AREA COMMONLY KNOWN AS "MISSION HILLS/MISSION
FLATS."
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to adopt Urgency Ordinance No. 877
establishing interim development regulations for the area commonly known as
"Mission Hills" and "Mission Flat," including a provision that pending development
applications be subject to architectural control permit requirements of the Municipal
Code; and, directing the Planning Commission to consider site development traffic
impacts, more extensive landscaping designed to provide a visual buffer from the
1-5 freeway and pleasing aesthetics, and slurry seal of Don Juan Avenue for the
pending duplex units development application.
Moved by Mayor Gelff, seconded by Council Member Hart and carried unanimously,
5-0, to direct Staff to install traffic signage including "25 mph Speed Limit" sign on
don Juan Avenue and "Not a Thru Street" sign near intersection of Don Juan
Avenue and Andres Pico.
b. SADDLEBACK VALLEY CHRISTIAN SCHOOL — APPEAL OF PLANNING
COMMISSION DECISION (ARCHITECTURAL CONTROL 00-09) CONTINUED
PER REQUEST BY APPLICANT (410.60)
Project Description: Bruce Harbin, President of Saddleback Valley Christian
School, filed an appeal of the Planning Commission's February 25, 2003, action to
approve Architectural Control 00-09, an approval for the construction of a multi-
purpose building on property located a 26333 Oso Road. The appellant is
contesting dedication requirements imposed several years ago on the entire school
project. Staff recommends denying the appeal. Prior to the meeting the applicant
requested a continuance of the item.
Written Communication: Report dated April 15, 2003, by Thomas Tomlinson,
Planning Director.
Letter dated March 21, 2003, from Cheryl A. Schou, President, San Juan
Capistrano Equestrian Coalition, opposed to Saddleback Valley Christian School's
appeal of Planning Commission decision.
Letter dated April 15, 2003, from Jonathan C. Curtin for Sheppard, Mullin, Richter
& Hampton LLC, requested a continuance.
City Council Minutes 6 4-15-03
Public Comment:
Douglas A. D. Siena, City resident, requested to be re -noticed when item returns to
Council for consideration.
The following individuals opposed the appeal and urged the Council to ensure that
the proposed trails and bikeways would be installed, as required, as they link a
county wide trail system already in existence and conform to the general plan:
Marcie Frolov, City resident and member of the San Juan Capistrano Equestrian
Coalition Board of Directors; Kathleen Schaffer, Laguna Beach resident; Jim Meyer,
Trails 4 All; and Jeff Dickman, County of Orange, Chief of Trail and Bikeway
Planning.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to continue the item as requested by the
applicant, item removed from the agenda to be re -scheduled by the Mayor; and,
staff directed to re -notice item upon re -scheduling.
G2. ENGINEERING AND BUILDING DIRECTOR
a. PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL AT ORTEGA HIGHWAY
& VIA CORDOVAIHUNT CLUB DRIVE APPROVED; AND, STAFF AUTHORIZED
TO RECEIVE BIDS. (CIP NO. 106) (600.30)
Project Description: Plans and Specifications have been prepared to install a traffic
signal at the intersection of Ortega Highway and Via Cordova/Hunt Club Drive. The
project consists of constructing traffic signal equipment, street lights, sidewalk,
wheelchair ramps, curb, gutter and other necessary appurtenances. At the March
18, 2003, City Council meeting, staff was directed to respond to concerns raised
regarding left -turn stacking into the Hunt Club entrance, equestrian use of the traffic
signal and notification to residents along Via Cordova. Staff addressed the issues
and recommends approving the plans and specifications, authorizing staff to receive
bids; and, referring the issue of an equestrian crossing to the Parks, Recreation and
Equestrian Commission, returning to Council after Commission review.
Written Communication: Report dated April 15, 2003, by William M. Huber,
Engineering and Building Director.
Letter dated April 2, 2003, from Emil Rapp, Mission Park Homeowners Association
President, regarding impacts that additional traffic would have on Via Cordova if
traffic signal installed.
Letter dated April 12, 2003, from Bernard J. Hale, supported installation of a traffic
signal.
City Council Minutes 7 4-15-03
Presentation: William M. Huber, Engineering and Building Director, reviewed the
staff recommendation.
Public Comment:
Pat Wesselink, City resident, supported traffic signal.
Pat Flet, City resident and Mission Park HOA President, requested more time to
discuss the item with homeowners.
Rick Selesky, City resident, supported the installation of a signal.
Council Comment:
Council Member Hart ascertained the Parks, Recreation & Equestrian Commission
had requested to review certain issues of interest to the commission. He requested
the City Attorney research issues related to the lack of a connecting equestrian trail
to the proposed location of the crossing.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto
and carried unanimously, 5-0, to approve Plans and Specifications for the Ortega
Highway and Via Cordova/HuntClub Drive traffic signal installation; Staff authorized
to receive bids; and, referred potential equestrian crossing to the Parks, Recreation
& Equestrian Commission with their recommendation to be returned to the City
Council.
b. CONSIDERATION OF RESCINDING QUITCLAIM DEED OF EASEMENT FOR
STREET AND HIGHWAY AND APPROVING CORRECTED QUITCLAIM DEED
CONTINUED TO MAY 6, 2003, PER REQUEST OF THE PROPERTY OWNER
(ITO) (670.50)
Mayor Gelff announced that the property owner requested a continuance of this
item. He continued the item to May 6, 2003,
G3 ADMINISTRATIVE SERVICES DIRECTOR
a. FISCAL_ YEAR 2003-2004 BUDGET CONTINGENCY PLAN IN RESPONSE TO
THE PROPOSED STATE BUDGET REDUCTIONS CONTINUED TO THE MAY 20,
2003, COUNCIL MEETING (330.20)
Project Description: In December 2002, The Governor of California announced
proposed reductions in an effort to deal with the State Budget Shortfalls for FY
2002-2003 and shorfalls for FY 2003-2004. At this time the Governor's budget has
not been approved therefore, the full impact on the City's FY 2003-04 budget is not
known at this time. Staff recommends reviewing the proposed General Fund
City Council Minutes 8 4-15-03
Budget reduction strategy for FY 2003-04 and continue the discussion to the
meeting of May 20, 2003.
Written Communication: Report dated April 15, 2003, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Council Comment:
Council Member Swerdlin supported using reserve funds, if necessary to support
certain programs, including the after school programs provided by the Boys and
Girls Club.
Council Member Soto ascertained revenue enhancements such as Adopt a
Highway could help in offsetting anticipated budget shortfalls.
Mayor Gelff felt the State should not balance the budget on the back of cities.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Hart
and carried unanimously, 5-0, to continue the item to the meeting of May 20, 2003,
for further review and discussion.
ORDINANCES: None
COUNCILMANIC ITEMS
1. VACANCIES DECLARED FOR THE ANNUAL APPOINTMENTS TO THE YOUTH
ADVISORY BOARD (110.20)
Description: The Yourth Advisory Board serves as a liaison between the youth of
San Juan Capistrano and the City Council concerning matters related to the City's
youth. Appointments are made on an annual basis in June and the appointees take
office in August. Staff rcommends declaring the vacancies on the Youth Advisory
Board and direct the City Clerk to solicit applications to fill the vacancies.
Written Communications: Report dated April 15, 2003, by Meg Monahan, City
Clerk.
Council Action: Moved by Council Member Swerdlin , seconded by Council Member
Bathgate and carried unanimously, 5-0, to declare vacancies on the Youth Advisory
Board and direct the City Clerk to solicit applications to fill the vacancies.
City Council Minutes 9 4-15-03
2. DAVID BELARDES, KEN FRIESS AND MONSIGNOR PAUL MARTIN TO BE
INCLUDED ON THE WALL OF RECOGNITION. (610.40)
Pro'ect Description: The Wall of Recognition was created to recognize Individuals
whose contributions and selfless efforts have made the City of San Juan Capistrano
a more productive and enjoyable place to live, work and play. A subcommittee
consisting of two council members review the nominations and recommend
individuals whose names will be engraved on the perpetual plaque, known as the
Wall of Recognition, located at the Community Center. The subcommittee has
recommended the following names for placement: David Belardes, Ken Friess, and
Monsignor Paul Martin.
Written Report: Reported dated April 15, 2003, by Cristi J. Silverberg, Community
Liaison.
Council Action: Moved by Council Member Hart and seconded by Mayor Gelff and
carried unanimously, 5-0, to confirm the Council subcommittee recommendations
to select David Belardes, Ken Friess and Monsignor Paul Martin for placement on
the Wall of Recognition.
3. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
Foothill/Eastern Corridor and San Joaquin Hills Transportation Corridor(800.50):
Council Member Swerdlin elected as Transportation Corridor Agencies Council of
Government (CPGS) representative.
Orange County Vector Control District (560.50): Vector of the month: Scorpion.
Council Reports - Other Committees
Council Member Bathgate reported that the Blue Ribbon Committee - Downtown Vision
Process met last week. She encouraged the public to attend and participate.
COUNCIL COMMENTS:
Mayor Gelff announced that the City would sponsor Earth Day events on Friday, April 25,
2003, at City Hall.
Mayor Gelff announced that he has asked Council Member Bathgate to assist him in
meeting with the City of Mission Viejo regarding Traffic issues.
City Council Minutes 10 4-15-03
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 9:26 p.m. to a
Regular meeting, Tuesday, May 6, 2003, 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,
0
R. MONAHAN, CITY CLERK
May 20, 2003
ATTEST:
, MAYOR
City Council Minutes 11 4-15-03