01-0103_CC_Minutes_Regular Meeting267
January 3, 2001
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION 610.$5 - None
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 Hart at 7:00 p.m. in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Pastor Bruce Robinson, Pacific Bible
Church.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
Diane Bathgate, Council Member
John S. Gelff, Council Member
John Greiner, Council Member
ABSENT: David M. Swerdlin, Mayor pro tem
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Dawn Schanderl, Deputy City Clerk; Cynthia L.
Russell, 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. Rick Stahr, Orange County Sheriffs Department; Karen
Vavan, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None.
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
INTRODUCTION PRESENTATIONS AND DONATIONS
GRAND JURY PRESENTATION BY JUDGE FRANCISCO F. FIRMAT (610.40)
Written Communications:
Report dated January 3, 2001, from the Assistant City Manager, advising that Judge
Francisco F. Firmat, of the Orange County Superior Court, would address the City
Council regarding the Orange County Grand Jury Selection process.
Judge Francisco F. Firmat referred to the 2001-2002 Grand Jury recruitment process
and requirements and advised that the application deadline was January 31, 2001.
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2. RECOGNITION OF LONG-TERM EMPLOYEES (730.90) --
Written Communications:
Report dated January 3, 2001, from the Personnel Manager, advising that Diane Regier,
Management Analyst I, had reached 15 years of service.
Ms. Regier was present to receive the award acknowledging her years of service to the
City.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Greiner introduced the following persons in attendance: Don Tryon,
Cultural Heritage Commission, and Mary Tryon; Orange County Fire Authority Battalion
Chief Scott Brown.
ORAL COMMUNICATIONS
CITY COUNCIL/COMMUNITY REDEVELOPMENT AG
Commercial Uses (460.10)
Bonnie Holt, 1 Strawberry Lane, noted that the purchaser of property at 28281 Ortega
Highway had applied for an Alcoholic Beverage Control permit. She felt that there may
be confusion regarding allowed uses, and requested clarification regarding small farm
residential uses. She asked for Council's support in protecting the residential
neighborhood from expanded commercial activities.
The Planning Director was directed to prepare a written response to Ms. Holt.
CONSENT CALENDAR
It was moved by Council Member Greiner, seconded by Council Member Gelff, 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, Gelff, and Mayor Hart
NOES: None
ABSENT: Council Member Swerdlin
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
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2. APPROVAL OF CITY COUNCIL MINUTES OF NOVEMBER
AND DECEMBER 5. 2000
The Minutes of the Regular Meetings of November 21, 2000, and December F, 2000,
were approved as submitted. Council Member Gelff abstained on the Regular Meeting
Minutes of November 21, 2000.
3. RECEIVE AND FILE WARRANTS OF NOVEMBER 30, 2000 AND
DECEMBER 14, 2000 (300.30)
The Lists of Demands dated November 30, 2000, in the total amount of $768,876.41,
and December 14, 2000, in the total amount of $391,916.57, were ordered received and
filed. Council Members Bathgate and Gelff abstained.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR AUGUST 31, 2000
33( 0.50)
The City Treasurer's Report of Cash Fund Balances for the month ending August 31,
2000, was ordered received and filed. Council Member Gelff abstained.
5. RECEIVE AND FILE INVESTMENTS AS OF NOVEMBER 30, 2000 (350.30)
- The City Treasurer's Report of Investments as of November 30, 2000, was ordered
received and filed. Council Member Gelff abstained.
6. ADOPTION OF RESOLUTION NOTICE OF COMPLETION AND FINAL
REPORT — LA NOVIA AVENUE NORTHBOUND AND SOUTHBOUND RIGHT
TURN LANES AT SAN JUAN CREEK ROAD (EXCEL PAVING COMPANY)
C1P NO. 138 600.30
As set forth in the Report dated January 3, 2001, from the Engineering and Building
Director, the following Resolution was adopted accepting the work as complete for the
La Novia Avenue Northbound and Southbound Right Turn Lanes at San Juan Creek
Road, in the amount of $55,759.66:
RESOLUTION NO. 01-1-3-1, COMPLETION OF LA NOVIA AVENUE
NORTHBOUND AND SOUTHBOUND RIGHT TURN LANES AT SAN
JUAN CREEK ROAD (EXCEL PAVING COMPANY) — A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATION FOR LA NOVIA AVENUE NORTHBOUND AND
SOUTHBOUND RIGHT TURN LANES AT SAN JUAN CREEK ROAD
(EXCEL PAVING COMPANY)
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The Resolution 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 $5,575.97,
35 days after the recordation.
7. APPROVAL OF PLANS AND SPECIFICATIONS FOR DOWNTOWN
LIGHTING, PHASE III, AUTHORIZATION TO RECEIVE BIDS AND
AUTHORIZATION TO PURCHASE DOWNTOWN LIGHTING EQUIPMENT
(CIP 118) (600.30)
As set forth in the Report dated January 3, 2001, from the Engineering and Building
Director, the plans and specifications for Downtown Lighting Phase III, were approved.
Staff was authorized to receive bids and to purchase downtown lighting.
8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATI
RECEIVE BIDS — LOS RIOS SANITARY SEWER REHABILITATION (CIP NO.
715) (600.30)
As set forth in the Report dated January 3, 2001, from the Engineering and Building
Director, the plans and specifications for the Los Rios Sanitary Sewer Rehabilitation
were approved. Staff was authorized to receive bids. Council Member Gelff abstained.
9. APPROVAL OF REVISION OF CITY COUNCIL POLICY #112 — PERSONAL
SERVICES SELECTION GUIDELINES (610.30)
As set forth in the Report dated January 3, 2001, from the Administrative Services
Manager, the proposed revisions to City Council Policy #112 were approved.
10. APPROVAL OF CONSTRUCTION LICENSE AGREEMENT— STEEPLECHASE
DRIVE CATCH BASIN RELOCATION (HUISH) (CIP NO. 248) (600.30)
As set forth in the Report dated January 3, 2001, from the Engineering and Building
Director, the Construction License Agreement with Ms. Carolyn B. Huish for the
Steeplechase Drive Catch Basin Relocation was approved. The Mayor and City Clerk
were authorized to execute the Agreement.
11. APPROVAL OF AMENDMENTS TO CONDITIONS OF APPROVAL FOR
TRACT 15858. TO PERMIT THE CONSTRUCT10N_OF A MODEL HOME
COMPLEX PRIOR TO COMPLETION OF ALIPAZ STREET FRONTAGE
IMPROVEMENTS (KAUFMAN AND BROAD, VILLAGE ALIPAZ - PHASE 1)
420.40
As set forth in the Report dated January 3, 2001, from the Engineering and Building
Director, the following Resolution was adopted:
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RESOLUTION NO. 01-1-3-2 CONFIRMING MITIGATED NEGATIVE
DECLARATION AND APPROVING TENTATIVE TRACT MAP 15858
WITH AMENDED CONDITION 3.a. (VILLAGE ALIPAZ) — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE
DECLARATION, APPROVING TENTATIVE TRACT MAP 15858, WITH
AMENDED CONDITION OF APPROVAL NO. 3a, FOR A 22 -ACRE
PARCEL LOCATED AT 32532 ALIPAZ STREET, AND RESCINDING
RESOLUTION NO. 99-11-16-2 (VILLAGE ALIPAZ, LLC).
12. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
RECEIVE BIDS - LA NOVIA/LA RONDA DRAIN AND STEEPLECHASE DRIVE
CATCH BASIN RELOCATION (CIP NOS. 129 AND 148) (600.30)
As set forth in the Report dated January 3, 2001, from the Engineering and Building
Director, the plans and specifications for the La Novia/La Ronda Drain and
Steeplechase Drive Catch Basin Relocation were approved. Staff was authorized to
receive bids.
13. ADOPTION OF A RESOLUTION SETTING A TIME AND DATE FOR A PUBLIC
HEARING REGARDING QUITCLAIM OF ACCEPTED AND UNACCEPTED
IRREVOCABLE OFFERS FOR EQUESTRIAN PURPOSES WITHIN 32241,
32221 32191 32151 32141 32121 AND 32101 COOK LANE COOK LANE
WEST TRAIL) (670.50)
As set forth in the Report dated January 3, 2001, from the Engineering and Building
Director, the following Resolution was adopted setting a Public Hearing for February 6,
2001:
RESOLUTION NO. 01-1-3-3, INITIATING QUITCLAIM
PROCEEDINGS — COOK LANE EQUESTRIAN TRAIL — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS TO
VACATE AN IRREVOCABLE OFFER FOR EQUESTRIAN TRAIL
PURPOSES WITHIN ASSESSOR PARCELS 673-061-38,-39,-40,-44,
-46, -49 AND -50 (32241, 32221, 32191, 32151, 32141, 32121 AND
32101 COOK LANE)
14, ADOPTION OF A RESOLUTION SETTING A TIME AND DATE FOR A PUBLIC
HEARING REGARDING A REDUCTION IN WIDTH OF AN
EQUESTRIAN/HIKING EASEMENT WITHIN LOT _55, TRACT 6381,
STONERIDGE ESTATES (HOCKEMA, 27421 SILVERCREEK DRIVE) ,(670 50
As set forth in the Report dated January 3, 2001, from the Engineering and Building
-- Director, the following Resolution was adopted setting a Public Hearing for February 6,
2001:
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RESOLUTION NO. 01-1-3-4, INITIATING QUITCLAIM PROCEEDINGS -
27421 SILVER CREEK DRIVE — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING PROCEEDINGS TO VACATE AN EASEMENT F07
EQUESTRIAN TRAIL PURPOSES WITHIN ASSESSOR PARCEL
650-241-01 (LOT 55, TRACT 638 1)
15. APPROVAL OF A COMMUNICATIONS FACILITY LICENSE AGREEMENT
FOR CELLULAR PHONE ANTENNAS ATAGUACATE RESERVOIR PACIFIC
BELL WIRELESS) (600.30)
As set forth in the Report dated January 3, 2001, from the Public Works Director, the
Communications Facility License Agreement (Aguacate Reservoir) with Pacific Bell
Wireless, was approved. The Agreement is for a five-year term with a monthly rental of
$1,650. The City Manager was authorized to execute the Agreement.
16. APPROVAL OF AWARD OF PERSONAL SERVICES AGREEMENT —
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE REPAIR TO
THE CAMINO CAPISTRANO SLOPE FAILURE (AKM CONSULTING
ENGINEERS) (CIP No. 139 (600,30)
As set forth in the Report dated January 3, 2001, from the Engineering and Building
Director, the Personal Services Agreement for the preparation of plans and specification
to repair the Camino Capistrano Slope Failure, was awarded to AKM Consulting
Engineers, for the period ending June 30, 2001, in the amount of $34,960.
17. APPROVAL OF CHANGE ORDER NO. 1 — CONGDON HOUSE RENOVATION
(CHRISTOPHER CONSTRUCTION) (600.30)
As set forth in the Report dated January 3, 2001, from the Director of Public Works,
Contract Change Order No. 1, in the amount of $44,600, for the Congdon House
Renovation Project was approved.
PUBLIC HEARINGS
APPROVAL OF COMPREHENSIVE UPDATE TO THE STREET TREE
MASTER PLAN (2000) (410.90)
Proposal:
Consideration of a comprehensive update of the 27 -year-old Street Tree Master Plan.
The proposed update addresses a number of areas that staff felt should be either
further explained or modified. Proposed changes included deletion of certain species of
trees from the list of designated tree species, due to either susceptibility to disease or
long-term problems experienced with root invasions and displacement of public
improvements.
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Written Communications:
Report dated January 3, 2001, from the Planning Director, forwarding the updated Plan.
The Report detailed the trees that had been selected for deletion from the list of
designated street trees; and, noted that additional language had been included to
address staggering tree plantings to frame views, to incorporate flexibility to reinforce
rural settings, and to address plantings at the City boundaries with surrounding
communities.
The Planning Director made an oral presentation, describing the issues set forth in the
staff report.
Public Hearina:
Notice having been given as required by law, Mayor Hart opened the public hearing,
and there being no response, closed the hearing with the right to re -open at any time.
Council Discussion:
Council Member Bathgate requested that to facilitate use of the document, a Master
exhibit be included illustrating the community focal areas. She also noted that
Jacaranda trees had always been part of the community and asked that they be
included on the list as accent trees. The City Manager suggested that the modifications
be returned as part of the Consent Calendar for consideration at a future meeting.
Approval of Resolution:
It was moved by Council Member Bathgate, seconded by Council Member Hart that the
following Resolution be adopted:
RESOLUTION NO. 01-01-03-5. APPROVING STREET TREE MASTER
PLAN, 2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING ISSUANCE
OF A NEGATIVE DECLARATION AND APPROVING THE STREET
TREE MASTER PLAN DATED NOVEMBER 2000.
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Gelff, and Mayor Hart
NOES: None
ABSENT: Council Member Swerdlin
Staff was directed to return at a future date with the requested Plan modifications.
RECESS AND RECONVENE
Council recessed at 7:19 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 7:20 p.m.
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ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR
CONSULTANT SERVICES FOR THE DEVELOPMENT OF HISTORIC
PRESERVATION STRATEGY FOR CITY -OWNED FACILITIES AND BUDGET
AMENDMENT (HRG GROUP) (600.30) (CONTINUED FROM MEETING OF
11/21/00
Written Communications:
Report dated January 3, 2001, from the Economic Development Manager, describing
the scope of work for preparation of an historic nreezervation strategy for City -owned
facilities; requesting a budget amendment in the amount of $5,750; and, describing the
qualifications of the HRG Group.
The Economic Development Manager made an oral presentation.
Approval of Personal Services Agreement:
It was moved by Council Member Greiner, seconded by Council Member Bathgate and
unanimously carried to approve the Agreement with HRG Group, for the period ending
June 1, 2001, in an amount not to exceed $29,750; and, to approve a budget
amendment in the amount of $5,750.
PUBLIC WORKS DIRECTOR
APPROVAL OF JOINT FACILITIES USE AGREEMENT — MARCO FORSTER
MIDDLE SCHOOL FIELDS (CAPISTRANO UNIFIED SCHOOL DISTRICT)
600.30
Written Communications:
Report dated January 3, 2001, from the Director of Public Works, forwarding a Joint
Facilities Use Agreement with Capistrano Unified School District, which would give the
City exclusive use of the Marco Forster Middle School outdoor athletic facilities during
non -school hours to conduct community recreation programs. The City would assume
the maintenance responsibilities for the sports fields and the District would reimburse
the City $28,832.72 annually for costs to maintain the fields, with adjustments to that
amount if necessary. The Agreement would be effective for a 10 -year period beginning
January 3, 2001, with a five-year extension upon written agreement by both parties.
The Director of Public Works presented the staff report.
Approval of Joint Facilities Use Agreement:
It was moved by Council Member Bathgate, seconded by Council Member Greiner and
unanimously carried to approve the Joint Facilities Maintenance/Use Agreement with
the Capistrano Unified School District for the Marco Forster Sports Fields.
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ORDINANCES - None
COUNCILMANIC ITEMS - None
COUNCIL COMMENTS - None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:30 p.m. to
the next regular meeting date of Tuesday, January 16, 2001, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
&a I � caqji'a��� � -
By Dawn M. Schap erl, Deputy City Clerk
ATTEST:
WYATT ART, MAYOR
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