00-1017_CC_Minutes_Regular Meeting207
October 17, 2000
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION 610.85
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by
statute:
Pursuant to Government Code Section 54956.8, the City Council will confer with its real
property negotiator (City Manager) concerning a potential co -partnership license/lease
agreement for the City property identified as AP No. 666-011-2. The Negotiating Party
is Mark Campaigne.
RECESS 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 Campbell at 7:00 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Council Member David M. Swerdlin.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
Diane Bathgate, Council Member
John Greiner. 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. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director; Amy Amirani, Public Works Director; Director; Lt. Rick Stahr,
Orange County Sheriffs Department; Karen Vavan, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL
Mayor Campbell announced there were no actions to report from the Closed Session.
INTRODUCTION PRESENTATIONS AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 110.10
Mayor pro tem Hart introduced the following persons in attendance: Bill Sonka,
Planning Commission; Battalion Chief Steve Whittaker.
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ORAL COMMUNICATIONS - None
CONSENT CALENDAR
It was moved by Council Member Bathgate, 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 Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
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 OF SEPTEMBER 19, 2000
The Minutes of the Regular Meeting of September 19, 2000, were approved as
submitted.
3. RECEIVE AND FILE ACCOUNTS PAYABLE WARRANTS OF SEPTEMBER 21
2000 AND OCTOBER 5, 2000 (300.30)
The List of Demands dated September 21, 2000, in the total amount of $733,230.97,
and October 5, 2000, in the total amount of $952,648.90, was ordered received and
filed. Council Member Bathgate abstained.
4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS 440.10
The Report dated October 17, 2000, from the Planning Director, advising that no new
applications had been received since the last Report on September 19, 2000, was
ordered received and filed.
5. APPROVAL OF PERSONAL SERVICES AGREEMENT FOR DESIGN OF THE
VEREDA BIKEWAY UNDERCROSSING OF THE LOS ANGELES TO SAN
DIEGO (LOSSAN) RAIL CORRIDOR (J. L. PATTERSON AND ASSOCIATES
(CIP NO. 124) (600.3Q�
As set forth in the Report dated October 17, 2000, from the Engineering and Building
Director, the Personal Services Agreement with J. L. Patterson and Associates, for the
design of the Vereda Bikeway Undercrossing of the Los Angeles to San Diego
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(LOSSAN) rail corridor, was approved in an amount not to exceed $118,105 for the
period ending April 2, 2001.
6. AWARD OF CONTRACT — CITY-WIDE CRACK SEAL (RUBBERIZED
CRACKFILLER SEALANT, INC.) (600.30)
As set forth in the Report dated October 17, 2000, from the Public Works Director, the
City-wide Crack Seal Contract (CIP 105), was awarded to Rubberized Crackfiiler
Sealant, Inc., for the three-year period ending October 31, 2003, on an as -needed
basis, not to exceed $75,000.
7. APPROVAL OF INSTALLATION OF SPEED BUMPS ON RAMOS STREET
BETWEEN PASEO ADELANTO AND LOS RIOS STREET 590.50
As set forth in the Report dated October 17, 2000, from the Engineering and Building
Director, the Installation of Speed Bumps on Ramos Street between Paseo Adelanto
and Los Rios Street, was approved, with construction scheduled for Spring 2001.
8. APPROVAL OF WAIVER OF FEES FOR RENTAL OF COMMUNITY CENTER
(CITIZENS AGAINST UNCONTROLLED SAN JUAN CAPISTRANO
EXPANSION: FRIDAY SEPTEMBER 29, 2000) (390.30)
As set forth in the Report dated October 17, 2000, from the Community Services
Director, approval was given to waive 100% of the Community Center rental fees for a
City Council Candidate Forum, hosted by Citizens Against Uncontrolled San Juan
Capistrano Expansion, which was held on Friday, September 29, 2000.
9. APPROVAL OF REIMBURSEMENT AGREEMENT — ROSENBAUM PUMP
STATION CIP NO. 717 THE OLSON DEVELOPMENT COMPANY 600.60
As set forth in the Report dated October 17, 2000, from the Engineering and Building
Director, the Improvement and Reimbursement Agreement with The Olson
Development Company was approved, providing for integration of the Rosenbaum
Pump Station upgrades into the Tract 15771 improvements at a cost savings to the City.
10. ADOPTION OF RESOLUTION, NOTICE OF COMPLETION_ AND FINAL
_REPORT — DECOMMISSIONING OF MARBELLA SEWER PUMP STATION,
STONERIDGE SEWER PUMP STATION AND HILLSIDE TERRACE WATER
BOOSTER STATION (CIP NO. 719) (J. C. PALOMAR CONSTRUCTION, INC.)
(600.30)
As set forth in the Report dated October 17, 2000, from the Engineering and Building
Director, the following Resolution was adopted:
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RESOLUTION NO. 00-10-17-1 COMPLETION OF DECOMMISSIONING
OF SEWER PUMP STATIONS AND WATER BOOSTER STATION J.
C. PALOMAR CONSTRUCTION, INC.) — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATION FOR DECOMMISSIONING OF MARBELLA SEWER
PUMP STATION, THE STONERIDGE SEWER PUMP STATIONS AND
THE HILLSIDE TERRACE WATER BOOSTER STATION (J. C.
PALOMAR CONSTRUCTION, INC.)
The Resolution accepted the work as complete in the amount of $100,685 and directed
the City Clerk to forward a Notice of Completion to the County Recorder. Staff was
authorized to release the 10% retention in the amount of $10,068.50, 35 days after the
recordation of the Notice of Completion.
11. ADOPTION OF RESOLUTION CLARIFYING CONDITION 2 OF COUNCIL
RESOLUTION 00-9-5-1 REGARDING THE JONES FAMILY MINI -FARM TRAIN
40c 0.40)
As set forth in the Report dated October 17, 2000, from the City Attorney, the following
Resolution was adopted clarifying Condition 2 of Council Resolution 00-9-5-1, that those
in line or on the train at the 4:00 p.m. closing time, would be allowed to proceed with the
ride:
_RESOLUTION NO. 00-10-17-2, CLARIFYING CONDITION NO. 2 -
JONES FAMILY MINI FARM — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CLARIFYING CONDITION 2 OF RESOLUTION 00-9-5-1 RELATING TO
NARROW GAUGE TRAIN RIDE AT THE JONES FAMILY MINI FARM
12. APPROVAL OF ACCESS TO SAFETY GRANT SERVICE AGREEMENT
(ORANGE COUNTY SUPERINTENDENT OF SCHOOLS) (600.5
As set forth in the Report dated October 17, 2000, from Lt. Rick Stahr, Police Services,
the Access to Safety Grant Service Agreement with the Orange County Superintendent
of Schools, was approved to provide funding in the amount of $7,210, for the City Police
Services personnel to teach a Criminal Justice class at Horizons School in the City of
San Juan Capistrano.
PUBLIC HEARINGS — None.
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ADMINISTRATIVE ITEMS
PLANNING DIRECTOR
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
MANAGEMENT OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PROCESS FOR THE PROPOSED HOME DEPOT, LOWER ROSAN
RANCH (KEETON KREITZER & ASSOCIATES) (600.30)
Written Communications:
Report dated October 17, 2000, from the Planning Director, recommending execution of
the Professional Services Agreement with Keeton Kreitzer & Associates who will serve
as the Project Managers and will oversee the City's Environmental Impact Report (EIR)
consultant in the preparation of the EIR. The completed EIR will be reviewed and will
serve to aid in the final decision regarding the consideration of the sale of the Lower
Rosan Ranch property to Home Depot U.S.A.
The Planning Director made an oral presentation, advising that the action was
necessary due to staff's current workload. He noted that although Mr. Kreitzer will work
directly with the City, the services will be funded by Home Depot and no fees from the
City or Redevelopment Agency will be involved.
Approval of Professional Services Agreement
It was moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to approve the Professional Services Agreement with Keeton
Kreitzer Consulting to manage the City's Environmental Impact Report consultant for the
Proposed Home Depot/Lower Rosan Ranch, at a cost not to exceed $22,400, for the
term ending June 30, 2001.
ENGINEERING AND BUILDING DIRECTOR
ADOPTION OF RESOLUTION OF DETERMINATION TO WAIVE FORMAL
COMPETITIVE BIDDING REQUIREMENTS — ALIPAZ STREET RIGHT TURN
LANE AND SIDEWALK AT VIA POSITIVA CIP NO. 455 600.30
Written Communications:
Report dated October 17, 2000, from the Engineering and Building Director, advising
that with the opening of the Kinoshita Elementary School there has been an increase in
the number of children walking to school from the north. Staff felt that existing
conditions constituted a health and safety risk to the children and it was necessary to
complete the right turn lane and sidewalk for southbound traffic and pedestrians on
Alipaz Street at Via Positiva project as soon as possible.
Mr. Bill Huber, Director of Engineering and Building, gave an oral presentation.
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Adoption of Resolution:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried, that the following Resolutidn'be adopted:
RESOLUTION NO. 00-10-17-3 WAIVING FORMAL COMPETITIVE BID
REQUIREMENTS — ALIPAZ STREET RIGHT TURN LANE AND
SIDEWALK AT VIA POSITIVA — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING TO WAIVE FORMAL COMPETITIVE BID
REQUIREMENTS FOR CERTAIN WORK BASED UPON EMERGENCY
CIRCUMSTANCES (ALIPAZ STREET RIGHT TURN LANE AND
SIDEWALK AT VIA POSITIVA)
The Motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell.
NOES: None
ABSENT: None
The Resolution found that an emergency situation existed and authorized staff to
receive informal bids. The City Manager was authorized to enter into a construction
contract on behalf of the City.
2. APPROVAL OF REQUEST FROM SILVER CREEK SLIDE, INC., THAT THE
CITY PAY FOR THE COSTS TO RECONSTRUCT EQUESTRIAN TRAIL
FENCING SILVER CREEK DRIVE 410.801930.40
Written Communications:
Report dated October 17, 2000, from the Engineering and Building Director, advising
that during the winter of 1995-96 a landslide at the rear of the homes located on Silver
Creek Drive had destroyed the equestrian trail fencing. The Staff Report recommended
that the City Council approve a participation in the cost of materials to replace the
equestrian trail fencing at an amount of $4,536.00. The homeowners had requested the
City pay the full cost of reconstruction at $11,106.
Mr. Bill Huber, the Engineering and Building Director gave an oral presentation referring
to plans which were displayed in Council Chambers outlining the affected area.
Council Discussion:
Council Member Swerdlin initiated discussion regarding the lifespan of trail fencing and
maintenance and replacement responsibilities. Mr. Huber advised that funds were
budgeted for replacement fencing.
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Public Input:
(1) John Heinaman, 27391 Silver Creek Drive, discussed the landslide and its affect
upon the homes, the trail and the fence, noting that the landowners were not
responsible for the condition of the fence. He further noted that people using the
trail behind their homes were riding on private property rather than the trail;
therefore, it would be appropriate for the City to fund the entire fence
replacement.
Council Discussion:
Council Member Bathgate felt that since this was an act of nature it would be
appropriate to include labor costs as well as material costs. Council Member Greiner
concurred and suggested that within the CIP budget or Planning process, a regular
program be put in place for the replacement of trail fencing. In response to Council
Member Hart, the City Manager advised that the maintenance of the trail and fence
would be the City's responsibility in the future. The City Manager indicated that the
issue of trail fencing replacement and maintenance could be discussed at mid -year.
Approval of Request:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to approve the labor and material costs, in the amount of $11,106,
to replace the trail fencing, as requested by Silver Creek Slide, Inc.
PUBLIC WORKS DIRECTOR
ADOPTION OF RESOLUTION ACCEPTING EASEMENT DEEDS FOR PUBLIC
AND RIGHT-OF-WAY PURPOSES ON THE EAST SIDE OF CAMINO
CAPISTRANO FROM YORBA STREET TO 468 FEET NORTH (OLD BARN
ANTIQUE MALL) (670.50)
Written Communications:
Report dated October 17, 2000, from the Public Works Manager, advising that the
sidewalk in front of the Old Barn Antique Mall was in poor condition and the tenants had
contacted the City regarding improving the sidewalk in front of the their business. The
Report advised that the sidewalk was on private property and could not be improved by
the City. Subsequently, the property owners had agreed to grant an easement to the
City for the use and improvement of the sidewalk.
Amy Amirani, the Public Works Director gave an oral presentation.
Council Discussion:
Discussion ensued regarding the repair work and aesthetic appearance of the sidewalk.
There was a consensus that the necessary repair work be performed immediately for
safety reasons and that consideration be given to a future project to evaluate improving
the aesthetic appeal of the area.
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Adoption of Resolution:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried, that the following Resolution'be adopted:
RESOLUTION NO. 00-10-17-4 ACCEPTING EASEMENT DEEDS -
31792 CAMINO CAPISTRANO (OLD BARN ANTIQUE MALL) -- A
RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING EASEMENT DEEDS FOR SIDEWALKAND
RIGHT-OF-WAY PURPOSES, SEVEN FEET EAST OF CAMINO
CAPISTRANO, YORBA STREET TO 168 FEET NORTH (ASSESSOR
PARCEL NO. 124-016-020131792 CAMINO CAPISTRANO (OLD BARN
ANTIQUE MALL)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell.
NOES: None
ABSENT: None
The Resolution accepted the easements and directed the City Clerk to forward the
deeds to the County Recorder.
ORDINANCES — None.
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Vector Control District (560.50)
Council Member Swerdlin noted that the Vector of the month is the "Kissing Bug"
or Triatoma Protracta, also known as the China bedbug, Wallopi Tiger and the
Assassin Bug.
COUNCIL COMMENTS - None
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:37 p.m. to
the next regular meeting date of Tuesday, November 7, 2000, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
1
CHERYL JOHKSOO(, CITY CLERK
_ r
ATTEST:
COJ,KENE CAMPBELL,IMAYO
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