98-0901_CC_Minutes_Regular Meeting289
SEPTEMBER 1, 1998
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.55)
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal
Counsel regarding one matter.
2. Pursuant to Government Code Section 549957.6, the City Council will Confer with its Labor
Negotiator (City Manager) regarding Terms and Conditions of Employment (Management
and Classified Employees).
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
MEETINGS UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Monsignor Paul Martin, Mission San Juan
Capistrano.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tern
Collene Campbell, Council Member
Wyatt Hart, Council Member
David M. Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative
Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson,
Planning Director; Amy Amirani, Public Works Director; Al King, Community Services Director;
Lt. Paul Sullivan, Orange County Sheriffs Department; and Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Jones announced there was no action to report on the Closed Session items.
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INTRODUCTIONS AND PRESENTATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (_110.10)
Council Member Greiner introduced the following persons in attendance: Al Simmons,
Seniors Liaison to the City; Tofu Facon, Chamber of Commerce Executive Director; Tony
Forster, Lee Buser, Don Tryon, and Bill Hardy, Cultural Heritage Commission; Ed Johnson,
Planning Commission; Janice Palermo, Joanne de Guevara, Maryrose Winkler and Marie
Buckner, Housing Advisory Committee.
ORAL COMMUNICATIONS - (CITY COUNCIL/COMMUNITY
REDEVELOPMENT AGENCY BOARD OF DIRECTORS AND THE
CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS)
None
CONSENT CALENDAR
It was moved by Council Member Hart, seconded by Council Member Greiner, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and
Mayor Jones
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES
a. The Minutes of the Regular Meeting of August 4, 1998, were approved as submitted.
b. The Minutes of the Special Meeting of August 10, 1998, were approved as submitted
with Council Member Campbell abstaining due to her absence from the meeting.
3. RECEIVE AND FILE WARRANTS OF AUGUST 13, 1998 (300.30)
The List of Demands dated August 13, 1998, in the total amount of $1,595,480.24 was
ordered received and filed.
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4. STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated September 1, 1998, from the Planning Director, advising that five new
applications had been received since the last Report on July 21, 1998, was ordered received
and filed.
5. APPROVAL OF LICENSE AGREEMENT WITH AYSO REGION 87 FOR USE
OF THE CONCESSION STAND AT THE SAN JUAN CAPISTRANO SPORTS
PARK (600.30
As set forth in the Report dated September 1, 1998, from the Community Services Director,
the License Agreement with AYSO Region 87 for the use of the concession stand at the San
Juan Capistrano Sports Park for the period of September 1, 1998, to January 31, 1999, was
approved.
6. APPROVAL OF AN EXTENSION OF A LICENSE AGREEMENT FOR THE USE
OF A PORTION OF THE SWANNER RANCH PUBLIC PROPERTY (DOMINI
NITTI) (600.30
As set forth in the Report Dated September 1, 1998, from the Director of Public Works, the
Extension of the License Agreement for Use Of Public Property, with Dominic Nitti, to
maintain a garden on a portion of the Swanner Ranch, was approved for a one-year period
ending September 30, 1999.
7. RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT -1998 WEED
ABATEMENT PROGRAM (STEWART AND ASSOCIATES)(600.30)
As set forth in the Report dated September 1, 1998, from the Director of Public Works, the
following resolution, declaring that the work for the 1998 Weed Abatement Program had
been completed in the amount of $21,864.97 by Stewart and Associates, was adopted:
RESOLUTION NO. 98-9-1-1 COMPLETION OF 1998 WEED AND
THISTLE_ ABATEMENT PROGRAM (STEWART AND ASSOCIATES) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE 1998
WEED AND THISTLE ABATEMENT/CONTROL PROGRAM
(STEWART AND ASSOCIATES)
Staff was authorized to release the 10% retention of $2,186.49 thirty days after recording the
Notice of Completion.
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ADOPTION OF RESOLUTION APPROVING "NO U-TURNS" FOR
NORTHBOUND TRAFFIC ON DEL OBISPO STREET AT PASEO DE LA PAZ
(PASEO DE LA PAZ HOMEOWNERS ASSOCIATION) (590.50)
As set forth in the Report dated September 1, 1998, from the Director of Engineering &
Building, the following Resolution approving "No U -Turns" for northbound traffic on Del
Obispo Street at Paseo De La Paz was adopted:
RESOLUTION NO. 98-9-1-2, ESTABLISHING "NO U-TURNS" FOR
NORTHBOUND VEHICLES ON DEL OBISPO STREET AT PASEO DE
LA PAZ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO U-
TURNS" FOR NORTHBOUND VEHICLES ON DEL OBISPO STREET
AT PASEO DE LA PAZ
9. ADOPTION OF INVESTMENT POLICY (350.30)
As set forth in the Report dated September I, 1998, from the Administrative Services
Director, the Investment Policy was reviewed and adopted for Fiscal Year 1998-99, as
required by State law.
10. ADOPTION OF RESOLUTION OFFERING TO PURCHASE TAX DEFAULTED
PROPERTY AT THE SOUTHEAST CORNER OF LA NOVIA AND SAN JUAN
CREEK ROAD (COUNTY OF ORANGE) (600.50)
As set forth in the Report dated September 1, 1998, from the Administrative Services
Director, the Resolution offering to purchase tax -defaulted property at the southeast corner
of La Novia and San Juan Creek Road adjacent to the Los Corrales development, was
adopted:
RESOLUTION NO. 98-9-1-3, OFFER TO PURCHASE TAX DEFAULTED
PROPERTY - AP#666-211-12 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
OFFERING TO PURCHASE TAX DEFAULTED REAL PROPERTY
UNDER TAX COLLECTOR'S SALE BY AGREEMENT #1351
11. ADOPTION OF RESOLUTION APPROVING THE ASSIGNMENT AND
ASSUMPTION OF SUBDIVISION IMPROVEMENT AGREEMENT_ AS
AMENDED AND THE SUBSTITUTION OF BONDS, KI/FKLA RANCHO
REALTY KEMPER AND WESELOH FAMILY LIMITED PARTNERSHIP
WESELOH PARCEL MAP 85-305 600.30
As set forth in the Report dated September 1, 1998, from the Engineering and Building
Director, the Resolution approving the "Assignment and Assumption of Improvement
Agreement" as previously amended to tie the completion date of Camino Capistrano
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improvements to the issuance of the Certificate of Occupancy for any proposed development
within the parcel, was adopted:
RESOLUTION NO. 98-9-1-4 APPROVAL OF ASSIGNMENT AND
ASSUMPTION OF SUBDIVISION IMPROVEMENT AGREEMENT AND
BOND SUBSTITUTION FOR PARCEL MAP 85-306 (KI/FKLA RANCHO
REALTY, LLC/WESELOH FAMILY LIMITED PARTNERSHIP) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT AND
ASSUMPTION OF SUBDIVISION IMPROVEMENT AGREEMENT AND
SURETY SUBSTITUTION FOR TENTATIVE PARCEL MAP 85-306 (KI-
FKLA RANCHO REALTY, LLC/WESELOH FAMILY LIMITED
PARTNERSHIP)
Staff was authorized to accept the surety bond from Weseloh in the amount of $488,960 for
the off-site improvements; the KI/FKLA Rancho Realty (Kemper) surety bond in the amount
of $488,960 for the off-site improvements was released. The Resolution stipulates that the
assignment of the Subdivision Improvement Agreement and the acceptance and release of
bonds shall not be effective until the transfer of property from Kemper to Weseloh has been
completed and recorded.
12. DENIAL OF CLAIM OF TINNES FOR DAMAGES (170.10)
As set forth in the Report dated September 1, 1998, from the City Attorney, the claim filed
by Christopher Tinnes for damages from injuries allegedly sustained when he fell down a 25 -
foot shaft on private property at 29341 Spotted Bull Lane, was denied.
PUBLIC HEARINGS
The Public Hearings were held out of order from the Agenda for the convenience of those in
attendance at the meeting.
APPROVAL OF AN APPEAL OF THE ZONING ADMINISTRATOR'S
APPROVAL OF ZONE VARIANCE 98-3, FOR A FRONT -YARD SETBACK ON
PROPERTY LOCATED AT 30621 HILLTOP WAY LOT 2 TRACT 9030
)VERDE SAN JUAN ESTATES HOA/LAVACOT) 2)(460.60)
Proposal:
Consideration of an appeal of the July 22, 1998, Zoning Administrator's approval of a
variance to allow a 17 -foot -6 -inch setback for a proposed single family residence and
detached carriage house at 30621 Hilltop Way. The property is currently a 2.66 -acre
undeveloped lot situated on the west side of Hilltop Way. The General Plan designation of
the property is 1. 1, Very Low Density Residential; the zoning designation of Small Farm
requires a 30 -foot front -yard setback. The Zoning Administrator's approval was appealed
by the Verde San Juan Estates Homeowners Association on August 5, 1998.
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Property Owner:
Robert and Carol Lavacot, 1810 Waltham Way, La Habra, California, 90631.
Appellant:
Verde San Juan Estates HOA, c/o Dirk A. Wray, 30551 Hilltop Way, San Juan Capistrano,
California, 92675
Written Communications:
(1) Report dated September 1, 1998 from the Planning Director, setting forth findings
that there are special circumstances applicable to the property that would support the
requested variance, and recommending that the appeal be denied and the Zoning
Administrator's decision be upheld.
(2) Report dated September 1, 1998 from the Planning Director, forwarding a revised
recommendation based on late information received that an agreement had been
reached between the applicant and the appellant to revise the proposed building
plans. The revised plans would result in an encroachment of 6 -feet, 9 -inches into the
front yard setback by the principal residence and an encroachment of 7 -feet, 6 -inches
into the required front yard setback by the proposed garage.
(3) Letter dated August 31,1998, from the Board of Directors of Verde San Juan Estates,
Homeowners Association, stating that the Homeowner's Association had met with
Mr. and Mrs. Lavacot and had arrived at some modifications to the initial variance
request that were mutually agreeable. The property owners had agreed to pivot the
single-family resident so that the setback would be 40 -feet, 9 -inches; and, to move
the garage structure so that the setback would be 40 feet. They asked that the City
Council accept these modifications to the originally requested variance and to allow
the Lavacot's to move forward with their processing.
Thomas Tomlinson, Planning Director, made an oral presentation in which he advised that
Staff now recommended approval of the appeal to incorporate proposed building setbacks
as approved by Verde San Juan Estates.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and,
there being no response, the Public Hearing was declared closed.
Approval of Appeal:
It was moved by Council Member Swerdlin and seconded by Council Member Greiner, that
the following Resolution be adopted:
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RESOLUTION NO. 98-9-1-5 APPROVING APPEAL OF ZONE VARIANCE
98-3 (VERDE SAN JUAN ESTATES HOMEOWNERS
ASSOCIATION/LAVACOT) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN
APPEAL OF THE ZONING ADMINISTRATOR'S DECISION TO APPROVE A
VARIANCE TO ALLOW A SEVENTEEN- FOOT, SIX-INCH (1T-6") FRONT
YARD SETBACK IN THE SMALL FARM (RA) ZONE DISTRICT, FOR A 2.66 -
ACRE LOT LOCATED AT 30621 HILLTOP WAY (TRACT 9030, LOT 2,
LAVACOTNERDE SAN JUAN ESTATES HOMEOWNERS ASSOCIATION)
The motion carried by the following vote:
AYES: Council Members Swerdlin, Hart, Campbell, Greiner and Mayor
Jones
NOES: None
ABSENT: None
2. APPROVAL OF AMENDMENTS TO THE MUNICIPAL CODE REGARDING
ADMINISTRATION OF PROPOSED MODIFICATIONS TO PREVIOUSLY -
APPROVED GRADING PLANS AND ESTABLISHMENT OF SETBACK
STANDARDS FOR DRIVEWAYS 420.30)
Proposal:
Consideration of amendments to the Municipal Code to establish specific criteria to be used
in determining whether a revised grading plan can be administratively approved or whether
it should be referred to the Planning Commission for consideration; and, establishment of
minimum driveway separations from side property lines in standard single family zoning
districts.
Applicant:
City of San Juan Capistrano
Written Communication:
(1) Report dated September 1, 1998 from the Planning Director, advising that concerns
had arisen relative to existing lots located at the westerly terminus of Calle Lucana
where a previous landslide had resulted in the demolition of three homes. The City
had been requested to consider revised plans that would accommodate a modular
home, and no criteria had been found in the Municipal Code to provide guidance.
The concern relating to driveway setback from the side property line had arisen when
an applicantion had been received for placement of a modular unit with a garage at
the back of the building pad. To accommodate the unit, the applicant had proposed
a driveway that was against the side property line. Due to a lack of standards, the
application had been approved. The report forwarded proposed amendments
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establishing criteria for grading plan modifications and establishing that driveways
be located a minimum of three feet from the side property line.
(2) Letter dated August 26, 1998 from Mark Welsh, 26362 Calle Lucana, San Juan
Capistrano, California, 92675, supporting the proposed amendments.
Thomas Tomlinson, Planning Director, made an oral presentation, describing staffs
concerns and the resulting proposed amendments. He noted that the Planning Commission
had forwarded a recommendation of approval.
Public Heariniz:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and
the following person responded:
(1) Gail Walsh, 26362 Calle Lucana, spoke in support of the proposed amendments.
There being no further response, the Public Hearing was declared closed.
Introduction of Ordinance:
The City Clerk read the title next in order. Further reading of all ordinance had been waived
earlier in the meeting. It was moved by Council Member Campbell and seconded by Council
Member Swerdlin, that the following Ordinance be introduced:
AMENDING TITLE 9 OF THE MUNICIPAL CODE - MODIFICATION
OF PREVIOUSLY -APPROVED GRADING PLANS AND
ESTABLISHMENT OF "SETBACKS" FOR DRIVEWAYS IN A
SIDEYARD - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.9070) AND
9-3.424(b)(5) OF TITLE 9 TO THE MUNICIPAL CODE REGARDING
MODIFICATION OF PREVIOUSLY -APPROVED GRADING PLANS
AND ESTABLISHMENT OF "SETBACKS" FOR DRIVEWAYS IN A
SIDE YARD
The motion carried by the following vote:
AYES: Council Members Swerdlin, Hart, Campbell, Greiner and Mayor
Jones
NOES: None
ABSENT: None
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3. WITHDRAWAL OF PROPOSED REZONE 98-1, FLOOD PLAIN LAND USE
PERMIT 98-01 AND ARCHITECTURAL CONTROL 98-02 TO ESTABLISH A
PRIVATE CHRISTIAN SCHOOL LOCATED AT 32532 ALIPAZ STREET
(SADDLEBACK VALLEY CHRISTIAN SCHOOL) (460.20/55010/410/60)
CONTINUED FROM AUGUST 18 1998
Proposal:
Consideration of proposed Rezone 98-1, Flood Plain Land Use Permit 98-1 and Architectural
Control 98-2 to establish a private Christian school located at 32532 Alipaz Street
(Saddleback Valley Christian School). The study area contains approximately 24.5 acres of
land. Surrounding uses include Rancho del Avion Mobilehome Park to the south, Valle
Pacifica condominiums and Calle Rolando business park to the north, the confluence of the
San Juan and Trabuco Creeks to the east, and the Kinoshita Farm and the Sports Park to the
west. The site had recently been used for production row crops on the front portion and a
recreational vehicle storage yard in the rear. The study area also contains a water pump
station and a water well that serves the adjacent agricultural fields. The school is proposed
on approximately 21.28 acres, identified as Parcels A and B in the proposed study area; the
rezone of the 24.5 -acre study area will permit establishment of the school, set a framework
for phasing of development, allow for continued use of the rear portion of property as an
RV storage area until ultimate completion of the school's master plan, and ensure that the
two existing contiguous parcels, Parcels C, owned by the Capistrano Valley Water District,
and Parcel D, owned by Charles Vermuelen and Martin Scalzo, have continued access when
the school's master plan is implemented. The property is designated 1.5 Medium High
Density Residential on the General Plan; the site is within the General Agriculture zoning
district.
_Anplicant/New Property Owner of Parcels A and B:
Saddleback Valley Christian School, c/o Bruce Harbin, 2122 N. Broadway, Suite 101, Santa
Ana, California, 92706
Property Owners:
Thomas Forster (former owner of Parcels A and B), P.O. Box 146, San Juan Capistrano,
California, 92693; Charles Vermuelen, 11671 Tammany Circle, Santa Ana, California,
92705 and Martin Scalzo, 522 S. El Camino Real, San Clemente, California, 92672 (owners
of Parcel D); and Capistrano Valley Water District, 32400 Paseo Adelanto, San Juan
Capistrano, California, 92675 (owner of Parcel Q.
Written Communication:
(1) Report dated September 1, 1998 from the Planning Director advising that the
applicant was proposing to establish a private school on a portion of the study area.
The project requires a rezone and approval of a Floodplain Land Use Permit since the
current zoning does not permit schools and a portion of the site is located within the
Flood Plain Management Overlay District. The Report included an analysis of the
potential traffic impacts and proposed mitigation measures; a discussion of the
proposed rezone and Floodplain Land Use Permit; a comprehensive description of
the project design and Architectural Control application; and, a summary of the
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public comments and concerns on this proposal. Staff recommended that the City
Council approve the Floodplain Land Use Permit, certify the Negative Declaration,
and conf rm the Planning Commission's approval of the Architectural Control; and,
introduce the Ordinance approving the rezone.
Letters of support were received from the following:
(1) Letter dated August 25, 1998, from M. Vilchuck, no address provided
(2) Undated letter from Rod Markum, 26202 Via De Gaviian
(3) Letter dated August 26, 1998, from Bill Frey, 28406 Daroca, Mission Viejo
(4) Letter dated August 25, 1998, from Robert and Mary Walker, 28372 Via Ordaz
(5) Letter dated August 24, 1998, from Jeff Schroeder, 32219 Via Barrida
(6) Letter dated August 20, 1998, from Shirley and David Harbin, 31921 Camino
Capistrano, Ste. 425, San Juan Capistrano
(7) Letter dated August 24, 1998, from James Burke, 28472 Via Pasito
(8) Letter dated August 20, 1998, from Kevin Rex, 29351 Edgewood Road, with his
business located at 37138 Rancho Viejo Road, Suite F
(9) Letter dated August 27, 1998, from Mary Kay Newell, 31527 Aguacate Road
(10) Letter dated August 31, 1998, from Cindy Wade, 29951 Imperial Drive
(11) Letter dated August 31, 1998, from Mr. and Mrs. Robert Coviello, with a letterhead
address of Law Office of Robert D. Coviello, 3 Imperial Promenade, Suite 420, Santa
Ana
(12) Letter dated August 31, 1998, from William and Mary Agius, 32152 Paseo Sanchez
(13) Letter dated August 27, 1998, from Mark Hassinger, 33208 Paseo Cerveza, Suite G,
San Juan Capistrano
(14) Letter dated August 31, 1998, from Joe and Dawn Fusco, 31122 Via Santo Tomas,
(15) Letter dated August 31, 1998, from Lisa Henjum, 32935 Calle del Tesoro, urging
approval of the project.
Letters in opposition to the proposed project were received from the following:
(1) Letter dated August 20, 1998, from Frances Paquette, 32221 Alipaz Street, #281,
(2) Letter dated August 26, 1998, from Megan and Damien Shilo, 32552 Alipaz Street,
9C
(3) Undated letter from Frances Roberts, Rancho Alipaz, 4106
(4) Letter dated August 23, 1998, from Michael and Suzanne Thorpe, 32302 Alipaz, Sp.
158
(5) Memorandum dated August 31, 1998, from Lee Buser and Albert Simmons,
forwarding a petition with 33 pages and approximately 650 signatures from "...
concerned citizens opposed to the traffic that will be generated by the proposed
Saddleback Valley Christian School on Alipaz."
Site elevations, photographs, sample building siding and a map depicting traffic
improvements required of the project, were on display.
Staff Presentation:
Sara Pashalides, Project Manager, made an oral presentation, describing the project
applications presented for Council consideration. The General Plan designation of 1.5 -
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Medium High Density Residential, would also allow development of schools; therefore, there
was no need to propose an amendment to the General Plan. However, the General
Agriculture zoning of this property would not permit the development of the school or
residential uses. She explained that the General Agriculture designation was a "holding"
zone. She further explained that the proposed rezone to Planned Development, with
adoption of a Specific Development Plan, rather than a rezone to Public and Institutional,
would allow more restrictive regulations to assure that the proposed project is compatible
with surrounding, existing residential uses. The Public and Institutional District would allow
a broader range of uses which could create adverse conditions. Ms. Pashalides then gave a
general background of the project, noting its review by the various Commissions and the
conditions that had been set. She described the project Master Plan and the development
phasing, as well as the landscape concepts. She addressed several concerns that had been
raised, including the site's ability to accommodate the school, light and glare impacts, and
the loss of agriculture land. She emphasized that although the property was currently zoned
for agriculture, it was not part of the City's permanent agriculture land. The agriculture
zoning merely allowed for interim use of the property until ultimate development occurred.
William Huber, Engineering and Building Director, made an oral presentation, providing
general background information about traffic issues. He described intersection capacity and
roadway capacity definitions. He described the Level of Service concept, which identifies
a range of intersection and roadway capacity levels, with ratings from "A" to "F," He
indicated that the City's General Plan allows a Level of Service D, which means that
approximately 81-90% of the roadway capacity is being used. He emphasized that the critical
component was the ability to mitigate traffic impacts so that levels of service stay within the
acceptable range. He explained that traffic studies review and analyze existing traffic
conditions before project development; traffic conditions that will exist because of project
development; and, traffic conditions that will exist a number of years in the future from
cumulative project development.
He discussed the traffic study prepared for this project, noting that the study had identified
about 2,868 daily trips, with 1,104 trips in the morning peak time and 240 trips in the
afternoon peak time. Mr. Huber then spoke about the phasing of the development and the
mitigation requirements involved for each phase. He pointed out traffic mitigation
conditions placed on the developer at various intersections and roadway segments throughout
the City. He discussed traffic circulation on the site; the need to discourage using the street
to drop off students; and, the need for a parking management program.
Annlicant'sComments:
Bruce Harbin, 31639 Vida San Juan, representing the Saddleback Valley Christian School,
introduced Ed Carney, the school's Administrator, and Steve Esslinger, the school's
Secretary. He advised that the school was started in 1997. He mentioned that 75% of the
school's staff lives in San Juan Capistrano. He indicated that 50% of the student population
would be from San Juan Capistrano due to their scholarship program; another 40% of the
students would be from the Capistrano Unified School District area. Mr. Harbin spoke about
a recent advertisement which had been mailed to surrounding communities regarding the
school and stated that it had been intended to indicate that the project is still in the process.
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He indicated that the Council had the opportunity to master plan a private school; he felt the
use would be more compatible with adjacent uses; and, would be good for local businesses.
Mr. Harbin stated that the site had natural boundaries and that 55% of the site would remain
in open space. He advised that the school would have more parking than required; noted
their intent to construct as many permanent structures as possible in the beginning; and,
noted they had not objected to any of the conditions because they felt they were apart of the
community and were providing community improvements.
RECESS AND RECONVENE
Council recessed at 8:08 p.m. and reconvened at 8:15 p.m.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and
the following persons responded:
(1) Jack Campbell, 27792 Camino Santo Domingo, spoke in support of the school,
feeling it would fulfill a need in the community.
(2) Tom Erin, 32371 Alipaz, #57, stated his opposition to the project at this particular
site because of traffic concerns.
(3) Angela Duzich-Rohdc, 31372 Don Juan Avenue, voiced her objections to the use of
the property as a school due to traffic impacts.
(4) Ben Hamner, 32552 Alipaz, #4A, stated that he lived in a condo located at the north
side of the project. He spoke in support of the project because he felt when the
required improvements were made, the traffic would improve.
(5) James Burke, 28472 Via Pasito, spoke in support of the project and noted that parents
would carpool to mitigate traffic concerns.
(6) Mike Hamilton, 33152 Via Mayor, spoke in support of the project, stating that the
required traffic improvements would benefit the community all year round, and were
in the best interest of the City.
(7) Clint Worthington, 32552 Alipaz, #2C, stated that he lived next to this project and
cited objections to the proposed rezone due to noise, appropriateness of the proposed
use on the site, and traffic impacts.
(8) Ray Rothfelder, 26101 Paseo Marbella, stated he was not against the school, but was
opposed to the traffic impacts.
(9) Pastor William Davenport, 31878 Del Obispo, spoke of his support for this project
and looked forward to the improvements and community benefits it would provide.
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(10) Carolyn Nash, 32906 Avenida Descanso, stated opposition to the project and felt that
it was not compatible with the residential area. She stated that there were a lot of
other issues already impacting the residents in the area, and many projects already
approved that would generate traffic, including a proposed new public school; the
Boys and Girls Club; and, the Community Center. She noted her objection to the
proposed polyester building and indicated her preference for the site to remain
residential.
(11) Doug Nash, 32906 Avenida Descanso, stated opposition to the project, noting that
the property should have been included in the moratorium. He felt there should be
further demonstration that the project was reasonable for the area; and, supported
retaining the current zoning.
(12) Darlene Hopkins, 25841 Ave Cabrillo, stated that her backyard faced Del Obispo
school and that because of traffic concerns, she opposed the project.
(13) Pauline Leonard, 27589 Brookside Lane, stated opposition to the project, noting that
she felt the best interests of the community were not served by another private
Christian school. She felt land use issues were of greater importance and that the
moratorium had not been inclusive enough.
(14) Kathleen Rudel, 32742 Alipaz, #152, expressed opposition to the project. She urged
the Council to consider the residents' quality of life, as well as the value of their
property. She felt a school was not compatible or appropriate at this site.
(15) Lee Buser, 26157 Paseo Marbella, spoke in opposition to the project due to traffic
impacts. She asked that the Council peruse the names of petitioners who could not
come but who had signers her petition which she had provided to the Council.
(16) Amy Aspell, 32772 Via Malaga, stated her desire that the zoning remain agriculture
and asked the Council to protect the residents from additional noise and traffic.
(17) Damien Shiloh, 32552 Alipaz, #9C, spoke in opposition to the project due to traffic
concerns. He felt the property should have been included in the moratorium.
(18) Robert Coviello, 31662 Paseo Isabella, stated his support of this project and stated
that the City Council has the obligation to recognize what is in the best interest of the
community in the long run.
(19) Al Simmons, 32302 Alipaz, #35, spoke in opposition to the project due to traffic
issues.
(20) Marilyn Mulligan, 32942 Staysail Drive, Dana Point, stated her support for the
project because she felt it was best for the children.
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(21) Dawn Kardos, 25902 Via Del Rey, stated that she had been a crossing guard for five
years at Del Obispo and Marco Forster schools and was concerned with the safety of
the children. She questioned whether this site was really a good place for another
school because of its potential traffic safety impacts.
(22) Brad Van Thof, 31271 Via Parra, spoke in support of the project, noting that the
traffic mitigation measures were extensive, but the school was willing to provide the
required improvements.
RECESS AND RECONVENE
Council recessed at 9:30 p.m. and reconvened at 9:40 p.m.
(23) Muriel Beery, 32202 Alipaz, #224, spoke in opposition to the proposed project due
to traffic concerns.
(24) Jeanie Markham, 29353 Edgewood, speaking also for her mother-in-Iaw, noted the
family's history in the area. She spoke in support of the school.
(25) Mark Bauer, 33215 Paseo Molinos, spoke in support of the project because he felt
the best use of this land was for the children.
(26) Jeff Rigsby, 31571 Via Dulcinea, stated his support of the project, noting that schools
will continue to be a high -demand item in the City. He felt the traffic would
ultimately be okay and the school would be a good neighbor.
(27) Michael Thorpe, 32302 Alipaz, #158, stated opposition to the project due to traffic
concerns he felt could not be mitigated.
(28) Ken Friess, 31506 Paseo Christina, stated that he had served on the City Council for
17 years, was not now involved with the school and only represented himself. He
supported the school as the best of all possible uses and as a good alternative to open
space.
(29) Scott Bayles, 26342 Golada, spoke in support of the school, noting the amount of
open space it contained.
(30) Edward Carney, Applicant, 32532 Alipaz, stated that over the last 9-10 months he
had attended many meetings and had heard many concerns regarding traffic and
noise. He stated that the architect had designed the site to muffle school sounds and
that they wanted to be a good neighbor. They had paid for two traffic reports and
they were willing to pay their fair share of traffic improvements. He stated that 55%
of the space will be left open which was approximately 12 acres. He stated that the
roads and sidewalks improvements would be made immediately and he urged the
Council to support the project.
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(31) Pat Forster, 31861 Calle Winona, stated that it was his family who sold the property
to the school and spoke in support of the project.
(32) Barney Meyer, 32861 Via Del Amo, stated he was opposed to the project because of
the traffic impact.
(33) Esther Nesland, 32221 Alipaz, 4232, spoke in support of the school, stating that a
Christian school would be a better use of the property than high-density housing. She
noted that peak traffic would be at two predictable times during the day.
(34) Lisa Henjum, 32935 Calle Del Tesoro, spoke in support of the school.
(35) Mike Henjum, 32935 Calle Del Tesoro, urged approval of the project.
(36) Steve Williams, 26651 Buckingham, stated his support of the project.
(37) Daniel Hicks, 32552 Alipaz, #5B, stated concern that there was an open drainage
ditch along Alipaz which creates the effect of a bottleneck. He questioned how the
project could proceed without making the necessary improvement to eliminate the
bottleneck; noting that extreme prices would be paid by residents along Alipaz if the
project went forward without the necessary improvements.
(38) Mark Hassinger, 1341 Altura Street, San Clemente, urged the Council to vote in
favor of the project.
(39) Tony Forster, address not reported, stated that his family had sold the property to the
school effective on July 24, 1998. He noted this his family had been approached by
many developers over the years who wanted to buy the land. He felt the choice was
residential, with all the attendant problems, or the school. He discussed traffic
concerns, stating that the City must take responsibility to solve traffic problems. He
urged approval of the school, noting that the Forster family was proud of the school.
(40) Orrie Brown, 31481 La Matanza, spoke in opposition to the project, stating there
were questions and areas of concern that had not been addressed. She felt the traffic
report was incomplete and did not take all points of intersection along Alipaz into
consideration; the open drainage ditch on Alipaz was a concern that needed to be
mitigated; the train tracks and Del Obispo bridge were items that could not be
mitigated; the attendance figures for students residing in the City were inconsistent.
She felt that the number of required mitigation measures indicated the project was
not right for the area; she further felt the project was not in the best interests of the
citizens.
Applicant's Comments:
Bruce Harbin, speaking on behalf of the applicant, stated that it appeared the main concerns
related to traffic impacts. He indicated that many traffic problems already existing in the
City would be improved through conditions placed on the school, as summarized in the staff
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report. He further emphasized that the traffic report presented a worst-case scenario. He —
noted a number of issues that had not been considered in the traffic report, including a
monitor program whereby a certain number of cars would be coming to school and not
leaving; that 50% of the enrollment would be from San Juan Capistrano residents; 90% of
the students will live in the Capistrano Unified School District; the varied arrival times
associated with the different programs; and, the traffic impact would occur for less than
the year. He advised that all traffic mitigations would be in place by year 4, long before full
capacity was achieved; the majority of the improvements would be in place in year 1. He
discussed their on-site drop-off facilities and parking strategies. He indicated they were not
trying to rush the project; they had been meeting with community leaders and the City's
commissions for a year and with the support indicated at those levels, it had seemed prudent
to purchase the property before final approvals had been received. He indicated their
advertisement that had gone out to homes in the area had not intended to imply that the
project was "a done deal." He reiterated that the traffic impacts would be mitigated and that
the traffic report indicated that the project could work and based on the mitigations the
project does work and the project can be successfully implemented. He again emphasized
that the school began in San Juan Capistrano, its leaderships' roots were in San Juan
Capistrano, it would serve San Juan Capistrano, and it was desperately needed. He urged the
City Council to look to the future and meet the needs of the residents by approving the
project.
There being no further response, the Public Hearing was declared closed.
Council Comments:
Council Member Campbell indicated that she had struggled with this issue. She felt the
concerns that had been expressed were very valid. She felt investing in children was the best
investment to be made. She noted that the school had been given a heavy burden in required
mitigation conditions and commended them for their willingness to accept the conditions.
She indicated her support of the project.
Council Member Hart stated that his own children had gone to the private schools. He noted
he was the one who had requested up the moratorium to allow the opportunity to update the
General Plan, and to address Levels of Service in the community, and geotechnical problems.
He felt he needed the information that would be forthcoming from that update to make
proper decisions. He stated he did not have a problem with the school, but did have a
problem with analyzing the traffic impacts without the proper information. He felt it would
be hypocritical for him, after requesting the moratorium, to let this project go through. He
indicated that he had not thought about schools when considering the moratorium; however,
if he had he would have asked that private schools be included. For that reason he would
oppose the project at this time. Once the moratorium was over he would be willing to re-
consider the project.
Council Member Swerdlin stated that Council needed to look at this project with the General
Plan update in mind because this was a significant land use decision. Like Council Member
Hart, he preferred to wait until the General Plan update was complete, especially since the
General Plan sets the vision for the community. He noted that the State -mandated issue of
City Council Minutes -16- 9/1198
305
affordable housing would also be addressed through the General Plan update; indicating that
this property could be addressed in that light. He stated that he was unsure if this was the
right location for the school and could not support this project at this time.
Council Member Greiner stated that this was an extremely complex issue especially with the
traffic mitigations that were so remote from the site. He stated that he had performed the
duty of crossing guard at Del Obispo School and he could fully appreciate the traffic safety
concerns. He felt that there would definitely be a negative impact on the traffic in that area.
He noted the need for more classrooms and this project would address some of that concern,
but not as much as it might first appear. He stated that he was not against the private school,
but was unsure if this area was the right place for it. He stated that he would vote against this
project.
Mayor Jones stated that private school should have been included in the moratorium. He
noted that while this project had 42 conditions imposed on it, the issues of the railroad tracks
and the pedestrian traffic in the area had not been addressed. He expressed concern with the
ability of the narrow Del Obispo bridge to accommodate additional traffic and with flooding
issues. He did not oppose the school but he was not comfortable with the project as it was
proposed. He also indicated concerns with the temporary buildings, and the project phasing.
He indicated that the project should have had a Council work session early on in the process.
Motion to Deny Project - Died for Lack of a Second:
Council Member Greiner moved to deny the proposed rezone, floodplain land use permit and
architectural control. Following Mr. Harbin's comments and Council discussion, the motion
died for lack of a second.
Discussion re Withdrawal of Project:
Bruce Harbin asked if this project could be withdrawn and reevaluated when the General
Plan update had been completed. The City Attorney stated that the applicant could withdraw
the project and there would be no further action on the Council's part.
Discussion ensured regarding timing of the moratorium, and strategies for addressing the
project in the future.
Acceptance of Withdrawal of Application:
Bruce Harbin stated that he would like to withdraw the application. It was moved by Council
Member Campbell and seconded by Council Member Hart and unanimously carried to accept
the applicant's withdrawal of the project, noting that any future project resubmittal would not
be processed until the General Plan update was complete.
RECESS AND RECONVENE
Council recessed at 11: 25 p.m. and reconvened at 11:35 p.m.
The following item was heard out of order from the Agenda:
City Council Minutes 47- 911198
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ADMINISTRATIVE ITEMS
PUBLIC WORKS DIRECTOR
AWARD OF LANDSCAPE MAINTENANCE CONTRACT - CITY SPORTS
PARK (BOTACO.INC.)(600.30)
Written Communications:
(1) Report dated September 1, 1998, from the Public Works Director, recommending
that the maintenance of the City Sports Park be awarded to the qualified Contractor,
BotaCo, Inc.,
(2) Memorandum received August 31, 1998, from Warren G. Michaelis, 28421 Via
Ordaz, stating reasons why he should be awarded the contract.
Amy Amirani, Public Works Director, provided background information on this project and
noted that new bids had been solicited. Following review of the bids received, the
recommendation to award the contract to BotaCo had been made.
Public Comments
Warren G. Michaelis, 28421 Via Ordaz, stated that his bid would save the City $8,000.
The Public Works Director indicated she had not been satisfied with the information received
from Mr. Michaelis and stated that he did not meet the minimum requirements of the
specifications.
Acceptance „of Bids and Award
It was moved by Council Member Hart, seconded by Council Member Greiner, and
unanimously carried to accept the bids as submitted and to award the contract for
maintenance of the City Sports Park to the qualified contractor, BotaCo, at $136,500 for a
21 -month period ending June 30, 2000.
RECESS AND RECONVENE
Council recessed at 11:42 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 11:44 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
INTRODUCTION OF ORDINANCE PROHIBITING THE LANDING OF
HELICOPTERS AND OTHER TYPES OF LANDINGS _.(940.35)
Written Communications:
Report dated September 1, 1998, from the Assistant City Manager advising that several
months prior, the City Council was asked to consider an ordinance to prohibit landings of
City Council Minutes -18- 9/1/98
307
helicopters within the City limits. At the present time, the Municipal Code did not contain
specific provisions prohibiting such landings.
Jennifer Murray, Assistant City Manager, made an oral presentation, stating that the FAA did
not have restrictions governing helicopters and that restrictions would be placed by local
jurisdiction.
Approval of Proposed Ordinance
The City Clerk read the title of the Ordinance next in order. Further reading of all ordinance
had been waived earlier in the meeting. It was moved by Council Member Campbell,
seconded by Council Member Swerdlin and the following Ordinance be introduced:
REGULATION OF HELICOPTER LANDINGS AND OTHER
LANDINGS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING
HELICOPTER LANDINGS AND OTHER LANDINGS WITHIN THE
CITY BOUNDARIES BY ADDING CHAPTER 29, "REGULATION OF
HELICOPTER LANDINGS AND OTHER LANDINGS," TO TITLE 5 OF
THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
2. EXTENSION OF THE EXISTING MEMORANDUM OF UNDERSTANDING
WITH THE CHAMBER OF COMMERCE FOR THE PROVISION OF VISITOR
SERVICES DURING FISCAL YEAR 98-99 600.30
Written Communication:
Report dated September 1, 1998, from the Economic Development Administrator, advising
that in October 1996 the City Council had approved a Memorandum of Understanding
between the City and Chamber of Commerce which funded $25,000 for visitors services in
fiscal year 1996-1997, which was then extended for fiscal year 1997-1998. The City Council
was requested to again extend the MOU for Fiscal Year 1998-99.
Jennifer Murray, Assistant City Manager, made a brief oral presentation.
Public Comments
Tom Facon, Executive Director of the Chamber of Commerce, 31781 Camino Capistrano,
4306, spoke in support of extending the MOU with the Chamber.
City Council Minutes -19- 911198
308
Adoption of Proposed Extension
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried to approve the extension of the existing Memorandum of Understanding
with the Chamber of Commerce, for the period of September 1, 1998 to June 30, 1999, with
the City funding of $25,000.
PLANNING DIRECTOR
APPROVAL OF AN APPEAL OF THE PLANNING COMMISSION'S ACTION
OF JULY 14, 1998, DENYING A 6 -FOOT HIGH MONUMENT SIGN FOR
MARIE CALLENDER'S RESTAURANT LOCATED AT 31791 DEL OBISPO
STREET (MARIE CALLENDER'S) (410.40)
Applicant:
Marie Callender's Restaurant, 31791 Del Obispo, San Juan Capistrano, CA 92675
Sign Company/Appellant:
Signtech Electrical Advertising, Inc., 4444 Federal Blvd., San Diego, CA 92102
Written Communication:
Report dated September 1, 1998 from the Planning Director, advising that on July 14, 1998,
the Planning Commission had considered an application by Marie Callender's restaurant to
install a new monument sign. The Planning Commission felt the proposed sign did not meet
the design criteria of the Municipal Code or the Architectural Design Guidelines, and denied
the request. Neal Hardy, representing Signtech, the sign contractor, had appealed the
decision.
Thomas Tomlinson, Planning Director, made an oral presentation, noting that staff had felt
the proposed sign modification was consistent with the design guidelines in the Municipal
Code; however, the Commission had denied the application. He stated that Staff continued
to support the sign modification subject to following four conditions: The sign be lowered
from 6' to 5' high; the design shall incorporate radius corners at the top of the sign; the paint
color for the letters be specified on the plans as a "matte" color; and, that landscaping be
planted at either end of the sign to screen the base of the sign from view.
Appellant Comments
Art Navarro, Representative from SignTech, 4444 Federal Blvd., San Diego, CA 92102,
stated their intent to match the building stucco. He submitted a rendering incorporating
staff's recommendations.
Approval of Appeal:
It was moved by Council Member Hart, and seconded by Council Member Greiner that the
following Resolution be adopted:
City Council Minutes -20- 91]/98
309
RESOLUTION NO. 98-9-1-6 APPROVING APPEAL OF PLANNING
COMMISSION'S PREVIOUS DENIAL - SIGN PERMIT 98-19. (MARIE
CALLENDER'S - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
APPEAL OF THE PLANNING COMMISSION'S PREVIOUS DENIAL OF
SIGN PERMIT 98-19 (MARIE CALLENDER'S)
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
ORDINANCES
None
COUNCILMANIC ITEMS
Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
None
None
1. APPROVAL OF RECOMMENDATION TO ESTABLISH A CITY COUNCIL
SUBCOMMITTEE FOR THE PLANNING OF THE NEW COMMUNITY
CENTER GRAND OPENING FESTIVITIES_ 210.30
Written Communication:
Report dated September 1, 1998, from the Community Services Director, requesting
appointment of two City Council Members to work with Staff in planning the Community
Center grand opening celebration.
Al King, Jr., made an oral presentation, noting that very tentative dates for the event had been
identified and the Contractor should be off the site by October 23, 1998.
Appointment of Subcommittee:
It was moved by Council Member Hart, seconded by Council Member Campbell and
unanimously carried to appoint Council Member Greiner and Mayor Jones to work with staff
in planning the Community Center grand opening.
2. APPROVAL OF RECOMMENDATIONS FROM THE CITY COUNCIL
SUBCOMMITTEE ON COMMUNITY ORGANIZATION FUNDING REQUESTS
330.20
Written Communication:
Report dated September 1, 1998, from the Council Members Wyatt Hart and David
Swerdlin, the City Council Subcommittee on Community Promotion Funding, forwarding
a recommendation for the allocation of Community Organization funds to twelve
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310
organizations in the amount of $45,998 for Fiscal Year 1998-99. An amount of $47,000 had
been budgeted for Fiscal Year 1998-99 and the Subcommittee recommended that the
remaining $1,002 be retained for consideration of future funding requests.
Bea Field, 32302 Alipaz, representing South Orange County Community Services Council,
and Linda Hunter, 980 Catalina, Laguna Beach, representing CSP Youth Shelter, had
submitted request to speak forms, but did not respond with called upon.
Approval of Recommendation
It was moved by Council Member Greiner, seconded by Council Member Campbell and
unanimously carried to approve the following Community Organization funding allocations
in the amount of $45,998 and to retain the remaining $1,002 for consideration of future
funding requests:
Camino Health Center ......................
$12,000
Capistrano Indian Council .................... $1,500
Community Counseling Center ................
$3,000
CSP Youth Shelter ..........................
$1,000
Fran Joswick Therapeutic Riding Center .........
$1,400
Once Upon A Story .........................
$3,198
Orange County Council on Aging ..............
$1,400
Red Ribbon Week ..........................
$1,000
San Juan Task Force ........................
$6,000
South County Sr. Services (Shared Housing) .....
$5,000
South County Sr. Services (Meals) ............
$10,000
South County Community Services Council ........
$500
3. APPROVAL OF APPOINTMENT OF VOTING DELEGATE AND ALTERNATE
(LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (140.20)
Written Communication:
Report dated September 1, 1998, from the City Clerk, advising that the 1998 Annual League
of California Cities Conference will be held from October 2, 1998 to October 4, 1998, at the
Long Beach Convention Center. Each City had been requested to designate a Voting
Representative and an Alternate to the attend the Business Meeting on October 3rd and
represent the City.
Appointment of Delegate and Alternate:
It was moved by Council Member Hart, seconded by Council member Campbell and
unanimously carried to appoint Council Member Greiner as the City's Delegate and Council
Member Swerdlin as Alternate to represent the City at the Annual League of California Cities
Business Session.
City Council Minutes -22- 911198
1
4. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Joint Fire Authori 5tv ( 40.801
Council Member Greiner noted that on August 28, 1998, a preliminary discussion
had occurred regarding relocation of the administrative operations to the Union Bank
Building adjacent to the Orange County Transportation Authority.
b. NbLaa Advisoa Board 950.20
Council Member Greiner noted that on August 28, 1998, the Board had reviewed
new State funding sources. He indicated that due to the new funding sources, the San
Juan Capistrano library may become self-sufficient in the future.
COUNCIL COMMENTS
MEETING ATTENDANCE 610.25
Council Member Campbell noted that she will be speaking at a California Peace Officers
Association meeting in Sacramento on September 15, 1998, and may arrive at the City
Council meeting late.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 12:05 a.m.,
Wednesday, September 2, 1998, to the next regular meeting date of Tuesday, September 15, 1998,
at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
ATTEST:
i
i
GIL .TONE _ AYOR
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