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01-0306_CC_Minutes_Regular Meeting313 MARCH 6, 2401 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 5496.8, 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 Hart at 7:05 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: Wyatt Hart, Mayor David M. Swerdlin, Mayor pro tem Diane Bathgate, Council Member John S. Gelff, Council Member John Greiner, 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; Al King, Community Services Director; Lt. Rick Stahr, Orange County Sheriff's Department; Jennifer Carlin, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY, CAPISTRANO VALLEY WATER DISTRICT Mayor Hart announced there was no action to report. INTRODUCTIONS, PRESENTATIONS AND DONATIONS PROCLAMATION DESIGNATING FEBRUARY 1, 2001 THROUGH APRIL 30, 2001 AS FIESTA DE LAS GOLONDRINAS 150.60 Mayor Hart presented a Proclamation to Tom Ostensen, President of the Fiesta Association. CC Minutes -1- 03/06/01 314 2. PRESENTATION OF CERTIFICATE OF COMMENDATION TO MRS. MARGE MADIGAN IN RECOGNITION OF HER COMMUNITY VOLUNTEER EFFORTS 61( 0.40) Mayor Hart presented a Certificate of Commendation to Mrs. Madigan. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Swerdlin introduced the following persons in attendance: Tom Ostenson, Parks, Recreation and Equestrian Commission; Sheldon Cohen, Planning Commission; Angela Duzich-Rohde, Transportation Commission; Ethel Tregarthen, Housing Advisory Committee; Les Blair, Senior Liaison; Former Mayor Phil. Schwartze; Battalion Chief Greg Peterson, Orange County Fire Authority. ORAL COMMUNICATIONS (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT) - 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, Swerdlin, Gelff and Mayor Hart NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The reading of all Ordinances by title only was approved. 2. APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 6 2001 The Minutes of the Regular Meeting of February 6, 2001, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF FEBRUARY 8, 2001 (300.30) The List of Demands dated February 8, 2001 in the total amount of $726,930.87 was ordered received and filed. CC Minutes -2- 03/06/01 315 4. AWARD OF CONTRACT — (1) ,LA NOVIAILA RONDA DRAIN AND (2) STEEPLECHASE DRIVE CATCH BASIN RELOCATION (J & C UNDERGROUND) (CIP NOS. 129 &148) (600.30) As set forth in the Report dated March 6, 2001, from the Engineering and Building Director, the contract was awarded for (1) La Novia/La Ronda Drain and (2) Steeplechase Drive Catch Basin Relocation to J & C Underground in the amount of $57,925.00; and the Mayor and City Clerk were authorized to execute the documents on behalf of the City. 5. AWARD OF CONTRACT — DOWNTOWN LIGHTING, PHASE III (BENERGY. INC.) LIP NO. 11.8) (600.30) As set forth in the Report dated March 6, 2001, from the Engineering and Building Director, the contract was awarded to Benergy Inc. in the amount of $85,000 for the Downtown Lighting Phase III Project; and the Mayor and City Clerk were authorized to execute the documents on behalf of the City. 6. AWARD OF CONTRACT — LOS RIOS STREET SANITARY SEWER REHABILITATION (INSTITUFORM TECHNOLOGIES. INC.) (CIP NO. 715) (600.30) As set forth in the Report dated March 6, 2001, from the Engineering and Building Director, the contract was awarded to Instituform Technologies, Inc. in the amount of $103,499.501 for the Los Rios Street Sanitary Sewer Rehabilitation; and the Mayor and City Clerk were authorized to execute the documents on behalf of the City. 7. ADOPTION OF A RESOLUTION FOR MAINTENANCE OF EFFORT MAINTAINING GENERAL FUND EXPENDITURES FOR TRANSPORTATION PURPOSES (ASSEMBLY BILL 2928 TRANSPORTATION CONGESTION RELIEF FUNDING) 820.25 - As set forth in the Report dated March 6, 2001, from the Engineering and Building Director, the following Resolution was adopted for Maintenance of Effort maintaining General Fund expenditures for transportation purposes: RESOLUTION NO. 01-3-6-1, MAINTENANCE OF EFFORT MAINTAINING GENERAL FUND EXPENDITURES FOR TRANSPORTATION PURPOSES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA FOR MAINTENANCE OF EFFORT MAINTAINING GENERAL FUND EXPENDITURES FOR TRANSPORTATION PURPOSES (ASSEMBLY BILL 2928 TRANSPORTATION CONGESTION RELIEF FUNDING) 8. ADOPTION OF RESOLUTION APPROVING THE MITIGATED NEGATIVE DECLARATION AND THE EL C_ AMINO SIDEWALK PROJECT (HISTORIC TOWN CENTER PARK) (CIP NO. 108) (820.601 — As set forth in the Report dated March 6, 2001, from the Engineering and Building Director, the following Resolution was adopted to certify the Mitigated Negative CC Minutes -3- 03/06/04 316 Declaration and approve the EI Camino Real Sidewalk Project (Historic Town Center Park): RESOLUTION NO. 01-3-6-2, EL CAMINO REAL SIDEWALK -(HISTORIC TOWN CENTER PARK) — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CERTIFYING A NEGATIVE DECLARATION AND APPROVING A PROPOSAL TO COMPLETE THE CURB, GUTTER AND SIDEWALK ON THE EAST SIDE OF EL CAMINO REAL IN FRONT OF THE HISTORIC TOWN CENTER PARK (CIP NO. 108) 9. ADOPTION OF A RESOLUTION OF ENVIRONMENTAL CERTIFICATION FOR THE LA ZANJA STREET SIDEWALK CAMINO CAPISTRANO TO EL CAMINO REAL (CIP NO. 117) (820.601 As set forth in the Report dated March 6, 2001, from the Engineering and Building Director, the following Resolution was adopted certifying Negative Declaration approving the La Zanja Sidewalk Camino Capistrano to EI Camino Real: RESOLUTION NO. 01-3-6-3, CONSTRUCTION OF A SIDEWALK ON LA ZANJA STREET BETWEEN CAMINO CAPISTRANO AND EL CAMINO REAL — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CERTIFYING A NEGATIVE DECLARATION AND APPROVING A PROPOSAL TO COMPLETE THE CURB, GUTTER AND SIDEWALK ON THE SOUTH SIDE OF LA ZANJA STREET FROM CAMINO CAPISTRANO TO EL CAMINO REAL (CIP NO. 117) 10. APPROVE AGREEMENT TO DESIGN EMERGENCY ELECTRICAL GENERATOR CONNECTION FACILITIES AND PROTOCOLS (ALEXANDER ENGINEERS INC. CIP NO. 760 600.30 As set forth in the Report dated March 6, 2001, from the Public Works Director, the agreement with Alexander Engineers, Inc., in the amount of $37,220, was approved to Design Emergency Electrical Generation Connection Facilities and Protocols; and the Mayor was authorized to execute the Agreement on behalf of the City. 11. RECEIVE AND FILE INVESTMENTS AS OF JANUARY, 2001 (350.30 The City Treasurer's Report of Investments as of January 31, 2001 was ordered received and filed. 12. ADOPTION OF A RESOLUTION OPPOSING SENATE BILL 116 KUEHL CONSTRUCTION OF ROAD IMPROVEMENTS THROUGH STATE DEPARTMENT OF PARKS AND RECREATION PROPERTY 660.40 As set forth in the Report dated March 6, 2001, from the City Manager, the following Resolution was adopted opposing construction of road improvements through State Department of Parks and Recreation property: CC Minutes -4- 03/06/01 317 RESOLUTION NO. 01-3-6-4, OPPOSING SENATE BILL 116 (KUEHL) RELATING TO CONSTRUCTION OF PUBLIC ROADS IN OR THROUGH THE JURISDICTION OF THE STATE DEPARTMENT OF PARKS AND RECREATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA OPPOSING SENATE BILL 116 (KUEHL), RELATING TO CONSTRUCTION OF PUBLIC ROADS THAT SIGNIFICANTLY INCREASE VEHICULAR TRAFFIC CAPACITY IN OR THROUGH THE JURISDICTION OF THE STATE DEPARTMENT OF PARKS AND RECREATION PUBLIC HEARINGS MODIFICATION TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME RE -USE PLAN (480.30) Item withdrawn at the request of staff, based on notification from the State that the modification is not necessary at this time. RECESS AND RECONVENE Council recessed at 7:56 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 8:12 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. APPROVAL OF REQUEST FOR A NEW LICENSE AGREEMENT FOR USE OF RANCHO SAN JUAN OPEN SPACE (LOVE LIVESTOCK COMPANY) (600.30) Written Communications: Report dated March 6, 2001, from Douglas D. Dumhart, Principal Management Analyst, requesting approval of a license agreement for initiation of a zoning amendment for commercial stable use. Approval of License Agreement: It was moved by Council Member Swerdlin, seconded by Council Member Gelff and unanimously carried that the current use on the property is appropriate; staff was directed to initiate a zoning amendment for a commercial stable use and to negotiate a new License Agreement addressing various issues surrounding use of the property and providing appropriate compensation to the City. The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff and Mayor Hart NOES: None ABSENT: None CC Minutes -5- 03/06/01 31.8 2. APPROVE A LICENSE AGREEMENT WITH CARE FOR USE OF A PORTION OF THE NORTHWEST OPEN SPACE (600.30) CC Minutes Written Communications: (1) Report dated March 6, 2001, from Douglas D. Dumhart, Principal Management Analyst, forwarding a license agreement that provides for CARE's use of a portion of the Northwest Open Space territory adjacent to Camino Capistrano. (2) Letters of support from various community leaders submitted by CARE. Public Input: (1) Marlene Draper, 31141 Via Cristal, expressed support for CARE and commended their efforts; however, she voiced concerns regarding the integrity of the "Open Space Bond" and encouraged City Council to look for an alternative location. (2) Jeff Parkhurst, 25512 Calle Jardin, thanked Council Members and staff for their support of the cause and indicated the building would be in keeping with the "Open Space" requirements by reflecting a "farmhouse" style. (3) Dr. Lon Uso, CARE President, thanked all who support CARE, including Council Members and staff, and indicted that the facility would be in compliance with the "Open Space Bond" intentions. (4) Gil Jones, 31791 Los Rios, expressed support of the item and indicated it would serve the community well. Council Comments: The Council Members expressed support of the CARE project and agreed that the location should be reviewed in a few years to accommodate growth. Approval of agreement with CARE for Use of a Portion of the Northwest Open St)ace: It was moved by Council Member Swerdlin, seconded by Council Member Bathgate and unanimously carried the agreement be approved, with the inclusion of revised exhibit for the 33,000 square -foot building and verification of Assessor Parcel Numbers. It was moved by Council Member Swerdlin, seconded by Council Member Bathgate and unanimously carried that the General Fund monies be used to purchase the land from the "Open Space Fund." W 03/06/01 319 The motions carried by the following vote: AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff and Mayor Hart NOES: None ABSENT: None PLANNING DIRECTOR APPROVAL OF A RESOLUTION AUTHORIZING A $450.000 INCREASE TO THE AFFORDABLE HOUSING LOAN FUNDED WITH HOUSING IN -LIEU FEES TO WILLOW PARTNERS, LLC FOR THE DEVELOPMENT OF THE VILLA PALOMA SENIOR APARTMENTS LOCATED AT 27191 ESPADA (VILLA PALOMA) .0430.45) Written Communications: Report dated March 6, 2001, from the Planning Director recommending adoption of a Resolution to authorize an increase to the Affordable Housing Loan to Willow Partners, LLC for the development of the Villa Paloma Senior Apartments. Planning Director, Thomas Tomlinson, made an oral presentation recommending approval of the Resolution. Public Input: (1) Ethel Tregarthen, speaking for the San Juan Housing Advocates of Mary Erickson Community Housing, voiced concerns regarding the need for family housing. (2) Davis Slajchert, Willow Partners LLC, expressed gratitude to Council Members and staff and indicated he looked forward to providing housing to San Juan Capistrano's seniors. Approval of Resolution Authorizing_ Increase to the Affordable Housing Loan: It was moved by Council Member Swerdlin, seconded by Council Member Greiner and unanimously carried that the following Resolution be adopted: RESOLUTION 01-3-6-5, APPROVING INCREASE IN AFFORDABLE HOUSING LOAN - VILLA PALOMA — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING A $450,000 INCREASE TO THE AFFORDABLE HOUSING LOAN TO WILLOW PARTNERS, LLC, FOR THE DEVELOPMENT OF AN EIGHTY-FOUR (84) -UNIT, AFFORDABLE SENIOR APARTMENT COMPLEX ON AN EXISTING 1.9 -ACRE PARCEL LOCATED AT 27191 PASEO ESPADA AND MORE PRECISELY REFERRED TO AS ASSESSOR PARCEL NUMBER 666-241-06 (VILLA PALOMA) The motion carried by the following vote: CC Minutes -7- 03106101 320 AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff and Mayor Hart NOES: None ABSENT: None ENGINEERING AND BUILDING DIRECTOR APPROVAL OF 2000-01 MID -YEAR CAPITAL IMPROVEMENT PROGRAM 33( 0.40) Written Communications: Report dated March 6, 2001 from the Engineering and Building Director recommending that the City Council approve the Mid -Year Capital Improvement Program for 2000-01. Engineering and Building Director, William Huber, gave a brief oral report recommending approval of the Mid -Year Capital Improvement Program for 2000-01. Approval of 2000-01 Mid -Year Capital Improvement_ Program: It was moved by Council Member Swerdlin, seconded by Council Member Greiner, and unanimously carried that the 2000-01 Mid -Year Capital Improvement Program be approved; and the downtown sidewalk enhancement project on Camino Capistrano be funded out of General Fund monies. The motions carried by the following vote: AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff and Mayor Hart NOES: None ABSENT: None ADMINISTRATIVE SERVICES DIRECTOR APPROVAL OF 2000-01 MID -YEAR OPERATING BUDGET (330.30} Written Communications: Report dated March 6, 2001, from the Administrative Services Director, recommending approval of the 2000-01 Mid -Year City Operating Budget. Council Member Comments: Council Members Greiner and Swerdlin expressed opposition -to inclusion of funding for attendance at National League of Cities meeting in Washington DC Council Member Gelff advised that he felt the National League of Cities meeting was a valuable training tool and indicated he would be attending. CC Minutes 03/06/01 321 Approval of the 2000-01 Mid -Year City Operating Budget: It was moved by Council Member Bathgate, seconded by Mayor Hart and carried that the 2000-01 Mid -Year City Operating Budget be approved. The motion carried by the following vote: AYES: Council Members Bathgate, Gelff and Mayor Hart NOES: Council Members Greiner and Swerdlin ABSENT: None COUNCILIVIANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern and San Joaquin Hills Corridor (800.50) Mayor Hart advised that the Transportation Corridor Agencies were enforcing payment requirements. He also noted that the transponder may be used at McDonalds. Additionally the Agencies are conceptually considering use of transponders at certain parking lots (i.e., airport). _. b. Oran - e County Vector Control District 560.50 Council Member Swerdlin noted he has been appointed Chairman of the Finance Committee. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:56 p.m. to the next regular meeting date of Tuesday, March 20, 2001 at 5:30 p.m. in the City Council Chambers. Respectfully submitted, DAWN SCHANDERL, ACTING CITY CLERK ATTEST: alz WYAT ART, MAYOR CC Minutes -9- 03/06/01