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.
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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.
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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
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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:
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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
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2. APPROVE A LICENSE AGREEMENT WITH CARE FOR USE OF A PORTION
OF THE NORTHWEST OPEN SPACE (600.30)
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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."
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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:
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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.
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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
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