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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. City Council Minutes -1- 10/17/00 208 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 City Council Minutes -2- 10)17/00 209 (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: City Council Minutes -3- 10/17/00 210 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. City Council Minutes -4- 10/17/00 211 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. City Council Minutes -5- 10/17/00 212 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. City Council Minutes -6- 10/17/00 213 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. City Council Minutes -7- 10/17/00 214 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 City Council Minutes -8- 10/17/00 215 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 City Council Minutes -9- 10/17/00