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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. City Council Minutes -1- 113101 1268 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. City Council Minutes -2- 113/01 269 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) City Council Minutes -3- 113101 270 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: City Council Minutes -4- 113/01 271 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: City Council Minutes -5- 1/3101 272 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. City Council Minutes -6- 1/3101 273 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. City Council Minutes -7- 113!01 274 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. city council Minutes -8- 1!3!01 275 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 City Council Minutes -9- 113101