01-0605_CC_Minutes_Regular MeetingJUNE 5, 2001
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 authorized by
statute:
Pursuant to Government Code Section 54956.8, the City Council conferred with
its real property negotiator (City Manager) concerning potential co -partnership
license/lease agreement for the City property identified as AP No. 666-011-2.
The Negotiating Party is Mark Campaigne.
2. Pursuant to Government Code Section 54957.6, the City Council met with its
labor negotiator (City Manager) concerning terms and conditions of employment
with respect to the Management/Classified employees.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Hart called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:01 p.m. in the City Council Chamber. Mayor Hart
led the Pledge of Allegiance to the Flag. Pastor Bruce Robinson, Community Christian
Church, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, John Greiner, John Gelff, Mayor pro
tem David Swerdlin and Mayor Wyatt Hart
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager, Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Meg Monahan, 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; and Jennifer Carlin, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
1. DAVID ANXENTY PRESENTED WITH CERTIFICATE OF COMMENDATION
(610.40)
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Mr. David Anxenty received "Crossing Guard of the Year' Commendation from
All City Management, Inc., presented by Don Brown and a "Certificate of
Commendation" from the City of San Juan Capistrano, presented by Lt. Rick
Stahr.
2. LONG TERM EMPLOYEES DAVID AND BECK RECOGNIZED (730.94)
Conrad David, Accounting Manager, received recognition for his 10 years of
service, and Jeannie Beck, Administrative Assistant, for her 20 years of service
to the City of San Juan Capistrano.
3. COMMISSIONERS INTRODUCED (110.10)
Mayor pro tem Swerdlin introduced the following persons in attendance: Marie
Buckner and Joan de Guevara, Housing Advisory Committee; Tom Ostensen,
Parks, Recreation & Equestrian Commission; Les Blair, Senior Liaison; Jeff
Vasquez, former Council Member.
ORAL COMMUNICATIONS
CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT
Bill Stedfield, 33191 Southwind Court, President of Mariners Village Home Owners
Association, expressed concern regarding recreational vehicles recently parked in the
neighborhood. He felt that the vehicles represented safety, aesthetic and property
value issues.
CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Council Member
Greiner and carried unanimously to approve Consent Calendar items 1, 2 and 4 through
13 as recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF MAY 1, 2001 APPROVED AS
SUBMITTED
3. WARRANTS OF MAY 3 ($748,128.56) AND MAY 17 ($935,893.37), 2001;
PAYROLL WARRANTS DATED MAY 10 ($211,094.01) AND 24 ($291,503.97),
2001 RECEIVED AND FILED (300.30)
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Greiner and carried 4-0-1 to receive and file accounts payable warrants
dated May 3, and 17, 2001 and payroll warrants dated May 10 and 24, 2001.
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ROLL CALL
AYES: Greiner, Gelff, Swerdlin and Mayor Hart
NOES None
ABSTAIN Bathgate
4. CASH BALANCES BY FUND FOR FEBRUARY 28, 2001 RECEIVED AND
FILED (330.50)
5. REPORT OF INVESTMENTS, MONTH ENDING APRIL 30, 2001, RECEIVED
AND FILED (350.30)
6. CHANGE ORDERS NO. 1 THROUGH 6 INCREASING CONSTRUCTION
CONTRACT IN THE AMOUNT OF $31,298.01 RATIFIED; RESOLUTION NO.
01-6-5-1 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETE AS TO PLANS AND SPECIFICATIONS FOR THE CITY HALL
REMODEL PROJECT;" CITY CLERK TO FORWARD NOTICE OF
COMPLETION FOR CITY HALL RENOVATION PROJECT TO COUNTY
RECORDER (600.30) (FRIESS COMAPNY BUILDERS)
7. CHANGE ORDER NO. 1, INCREASING CONSTRUCTION CONTRACT IN
THE AMOUNT OF $8,000 RATIFIED; RESOLUTION NO. 01-6-5-2 ENTITLED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETE AS TO
PLANS AND SPECIFICATIONS FOR THE DOWNTOWN SIDEWALK
IMPROVEMENT PROJECT;" CITY CLERK TO FORWARD NOTICE OF
COMPLETION FOR DOWNTOWN SIDEWALK IMPROVEMENT PROJECT (CIP
NO. 122) (600.30) {GREEK'S CONCRETE)
8. PERSONAL SERVICES AGREEMENT FOR THE PREPARATION OF PLANS
AND SPECIFICATIONS FOR CITY STREET REPAIRS 2001-2002 AWARDED
TO NICHOLS CONSULTING ENGINEERS IN THE AMOUNT OF $28,933;
MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE AGREEMENT ON
BEHALF OF CITY (CIP NO. 119) (600.30)
9. MAYOR AND CITY CLERK TO EXECUTE LICENSE AGREEMENT BETWEEN
MONTY IHDE AND CITY; CITY CLERK TO FORWARD AGREEMENT TO
ORANGE COUNTY RECORDER FOR RECORDATION (600.30)
10. AGREEMENT PROVIDING FOR ANNUAL SEWER CLEAN OUT SERVICE AT
31761 CAMINO CAPISTRANO (CAPISTRANO PLAZA) AND PAYMENT OF
CLAIM APPROVED (600.30)
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11. COOK PARK/LA NOVIA RENTAL FEES REDUCED FOR TRIBAL REUNION
HOSTED BY JUANENO BAND OF MISSION INDIANS ON SATURDAY,
AUGUST 25, 2001(390.30)
12. RESOLUTION NO. 01-6-5-3 ENTITLED "DEPOSIT AND INVESTMENT OF
CITY FUNDS AND AUTHORIZING SIGNATURES - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY
FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING
SIGNATURES AND REPEALING RESOLUTION NO. 00-12-5-2" (320.10)
13. RESOLUTION NO. 01-6-5-4 ENTITLED "DENIAL OF LILLIAN DUNLAP CLAIM -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING THE CLAIM OF LILLIAN DUNLAP"
(170.70)
PUBLIC HEARINGS
1. RESOLUTION NO. 01-6-5-6 CERTIFYING A NEGATIVE DECLARATION AND
APPROVING TENTATIVE PARCEL MAP 00-215 FOR PROPERTY ON DEL
OBISPO STREET, THREE LOTS (APN 673-061-08) (BECK) (420.70)
Applicant: Bob & Dorothy Beck, 32395 Del Obispo St., San Juan Capistrano
Written Communications: Report dated June 5, 2001 from Thomas Tomlinson,
Planning Director
Oral Presentation: Richard Greenbauer, Associate Planner, reviewed the staff
recommendation.
Mayor Hart opened the public hearing.
Public Testimony
George Polycrates, Civil Engineer representing the applicant, 24322 Olivera Dr.,
Mission Viejo, expressed opposition to the 30 ft. dedication.
Ed Conner, 30651 Steeplechase, representing the Birchers, indicated support of
the staff recommendation.
Rick Scalzo, 32281 Del Obispo, voiced concerns regarding losing property and
opposed the staff recommendation.
There being no further response, Mayor Hart closed the public hearing with the
right to re -open at any time.
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Council Action: Moved by Council Member Bathgate, seconded by Council
Member Gelff and carried unanimously to adopt Resolution No. 01-6-5-6
entitled "TENTATIVE PARCEL MAP (TPM) 00-215 ABECK) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING OF A NEGATIVE DECLARATION AND
APPROVING A THREE (3) LOT TENTATIVE PARCEL LOCATED AT 32395
DEL OBISPO STREET AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 673-061-08."
2. RESOLUTION NO. 01-6-5-7 APPROVING A NEGATIVE DECLARATION AND
ADOPTING A GENERAL PLAN AMENDMENT FOR ZONE CHANGE RELATED
TO A PARCEL LOCATED IN UNINCORPORATED AREA ADJACENT TO
STONERIDGE NEIGHBORHOOD; AND ORDINANCE AMENDING THE
OFFICIAL ZONING MAP INTRODUCED (SILVER CREEK LANDSLIDE
ANNEXATION, TRACT 6381)(GPA 01-011RZ 01-02) (440.251460.201620.20)
Applicant: Silver Creek Slide, Inc., 27391 Silver Creek Drive, San Juan
Capistrano, Ca.
Written Communication: Report dated June 5, 2001 from Thomas Tomlinson,
Planning Director
Oral Presentation: Bill Ramsey, Principal Planner, reviewed the staff
recommendation.
Mayor Hart opened the public hearing.
Public Testimony
Ken Friess, 31506 Paseo Christina, representing Silver Creek Homeowners
Association, thanked the Council for their support.
There being no further response, Mayor Hart closed the public hearing with the
right to re -open at any time.
Meg Monahan, City Clerk, read the title of the Ordinance "REZONE (RZ) 01-02 -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP TO DESIGNATE A 5.09 ACRE
PARCEL LOCATED IN UNINCORPORATED ORANGE COUNTY AS "OS"
(OPEN SPACE PRESERVATION) ZONE DISTRICT)."
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Greiner and carried unanimously to adopt Resolution No. 01-6-5-7
entitled "GENERAL PLAN AMENDMENT GPA 01-01, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING
A NEGATIVE DECLARATION, AND ADOPTING GENERAL PLAN
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AMENDMENT AND ZONE CHANGE FOR A 5.09 ACRE UNINCORPORATED
PARCEL LOCATED ALONG THE EASTERLY CITY LIMIT ADJOINING THE
STONERIDGE NEIGHBORHOOD (SILVER CREEK LANDSLIDE
ANNEXATION, TRACT 6381);" and approve first reading of the Ordinance.
3. ORDINANCE RELATED TO AMENDING THE MUNICIPAL CODE REGARDING
THE PLANNING COMMISSION AND DESIGN REVIEW COMMITTEE
INTRODUCED; CITY COUNCIL POLICIES 201(PLANNING COMMISSION
MEMBERSHIP) AND 210 REIMBURSEMENT SCHEDULE FOR MEETING
ATTENDANCE) AMENDED (410.60/610.30- / 440.40/110.10
Written Communication: Report dated June 5, 2001 from Thomas Tomlinson,
Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
proposed ordinance and policy changes. He recommended that Council Policy
210 be revised to provide $100 per month for the Design Review Committee
(DRC) at -large member for attending the two regularly scheduled DRC monthly
meetings ($1,200/year maximum) compensation for the Design Review
Committee, member at -large.
Mayor Hart opened the public hearing.
Public Testimony
Mark Neilson, 31621 Via Quixote, urged City Council to reconsider reduction
Planning Commissioners in order to maintain wider diversity.
There being no further response, Mayor Hart closed the public hearing with the
right to re -open at any time.
Meg Monahan, City Clerk, read the title of the Ordinance, "AN AMENDMENT TO
TITLE 2, CHAPTER 2, ADMINISTRATION OF THE MUNICIPAL CODE
REGARDING ARTICLE 7, PLANNING COMMISSION AND ARTICLE 11
DESIGN REVIEW COMMITTEE -- AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA AMENDING ARTICLE 7 REGARDING THE
NUMBER OF MEMBERS TO THE PLANNING COMMISSION AND THEIR
DUTIES, AND ADDING ARTICLE 11 ESTABLISHING THE DESIGN REVIEW
COMMITTEE TO THE MUNICIPAL CODE."
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Gelff carried unanimously to approve first reading of the Ordinance; and
amend City Council Policy City Council Policy 201 regarding the appointment of
Planning Commissioners to reflect the change from seven (7) to five (5)
members in City Council Policy 210 to establish a reimbursement schedule for
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the at -large appointment to the Design Review Committee at $100.00 per month
(maximum reimbursement $1,200Iyr).
RECESS AND RECONVENE
Council recessed at 8:21 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at
8:54 p.m.
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
1. BOND AMOUNT ASSOCIATED WITH DEFERRAL OF TIME FOR UTILITY
UNDERGROUNDING OF SILVERADO SENIOR LIVING PROPERTY AT
CAMINO CAPISTRANO REVISED (ARCHITECTURAL CONTROL 98-07,
SILVERADO SENIOR LIVING) (600.30)
Written Communications: Report dated June 5, 2001 from William Huber,
Engineering and Building Director.
Oral Presentation: William Huber, Engineering and Building Director, reviewed
the staff recommendation.
Council Action: Moved by Council Member Greiner, seconded by Council
Member Gelff and carried unanimously to approve the revised bond amount
associated with the deferral of time for the utility undergrounding of Silverado
Senior Living's property frontage along Camino Capistrano.
2. RESOLUTION NO. 01-6-5-5 APPROVING AMENDED CONDITIONS OF
APPROVAL FOR SADDLEBACK VALLEY CHRISTIAN SCHOOL, ADOPTED
AS AMENDED (SVCS) (460.20)
Written Communications: Report dated June 5, 2001 from William Huber,
Director of Engineering and Building; Memorandum dated June 1, 2001 from
William Huber, Engineering and Building Director.
Oral Presentation: William Huber, Engineering and Building Director reviewed
the staff recommendation.
Public Comment
Bill Schwartz, Project Planner, thanked staff and Council Members for their
cooperation.
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Mark Neilson, 31621 Via Quixote, expressed safety concerns, trail agreement
issues and issues related to consistency in the staff report with the number of
students (300 v. 500 capacity).
Council Action: Moved by Council Member Gelff, seconded by Council Member
Swerdlin and carried unanimously to adopt Resolution No. 01-6-5-5 entitled
"APPROVING AN AMENDMENT TO THE INTERIM MODIFIED CONDITIONS
OF APPROVAL — SADDLEBACK VALLEY CHRISTIAN SCHOOL - A
RESOLUTION ON THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RATIFYING THE APPROVAL OF AN
AMENDMENT OF INTERIM MODIFICATIONS TO THE CONDITIONS OF
APPROVAL (SADDLEBACK VALLEY CHRISTIAN SCHOOL)" and amending
Condition 12. (Permanent Trail Agreement) to read "...prior to release of the aw
500 student enrollment."
3. CONSULTANT CONTRACT WITH LSA ASSOCIATES, INC REGARDING
ORTEGA HIGHWAY STRATEGIES IN AMOUNT OF $90,000 APPROVED AS
AMENDED; BUDGET AMENDMENT IN AMOUNT OF $110,000 FROM
GENERAL FUND RESERVES APPROVED (LSA, INC.) (600.30)
Written Communications: Report dated June 5, 2001 from William Huber,
Engineering and Building Director.
Oral Presentations: William Huber, Engineering and Building Director reviewed
the staff recommendation.
Public Comment:
Mark Nielson, 31621 Via Quixote, encouraged development of specific
consultant goals.
Pat Bauer questioned the effect the proposed item would have on the "Sphere of
Influence Study."
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Greiner and carried 4-1 to approve the consultant services contract with
LSA Associates, Inc. for Ortega Highway Strategies in the amount of $90,000,
amending Exhibit B related to the Scope by deleting pages 1 and 2, and revising
page 4 by deleting "Search of Specialized Data Bases;" and approve a budget
amendment in the amount of $110,000 from the General Fund.
ROLL CALL
AYES: Council Members Bathgate, Greiner, Swerdlin, and Mayor Hart
NOES: Council Member Gelff
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ABSENT: None
4. 2001-2008 CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
INTRODUCED; ITEM CONTINUED TO PUBLIC HEARING ON JUNE 19, 2001
(330.40)
Written Communications: Report dated June 5, 2001 from William Huber,
Engineering and Building Director.
Oral Presentations: William Huber, Engineering and Building Director reviewed
the staff recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Greiner and carried unanimously to continue discussion regarding the
2001-2008 Capital Improvement Program to a Public Hearing to be held June 19,
2001.
ADMINISTRATIVE SERVICES DIRECTOR
1. PROPOSED FISCAL YEAR 2000101 OPERATING BUDGET INTRODUCED;
ITEM CONTINUED TO PUBLIC HEARING ON JUNE 19, 2001 (330.20)
Written Communication: Report dated June 5, 2001 from Cynthia Russell,
Administrative Services Director.
Oral Presentations: Cynthia Russell, Administrative Services Director reviewed
the proposed operating budget.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Greiner and unanimously carried to continue discussions regarding
proposed expenditure levels to a Public Hearing to be held June 19, 2001,
PUBLIC WORKS DIRECTOR
1. EMERGENCY CONTRACT FOR CITY HALL AIR QUALITY MITIGATION
PROJECT IN AMOUNT OF $87,981.74 RATIFIED; $29,200 APPROPRIATED
FROM FACILITIES OPERATION FUND RESERVES TO COVER COSTS
(MINTIE CORPORATION) (600.10)
Written Communication: Report dated June 5, 2001 from Amy Amirani, Public
Works Director.
Oral Presentations: Amy Amirani, Public Works Director, reviewed the staff
recommendation.
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Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Greiner and carried unanimously to ratify issuance of a testing and
construction contract to Mintie Corporation for the City Hall Air Quality Mitigation
Project in the amount of $87,981.74 and appropriate $29,200.00 from Facilities
Operation Fund Reserves to cover these costs.
COUNCILMANIC ITEMS
COMMUNITY ORGANIZATIONS GRANT FUNDING REQUESTS FOR FY 2001-
2002 INTRODUCED; COUNCIL MEMBERS GELFF AND BATHGATE
SELECTED AS COUNCIL SUBCOMMITTEE FOR COMMUNITY GRANT FUND
(330.20)
Council Action: Following discussion, it was the consensus of the City Council
that Council Members Gelff and Bathgate be designated to work with staff on
recommendations for community organization grant funding.
2. ORAL REPORTS OF OUTSIDE AGENCIES
Council Member Greiner
1. Orange County Fire Authority (540.80) — the OCFA Budgets and Capital
Improvement Projects have been reviewed and approved.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 9:51 p.m. to the
next regular meeting, Tuesday, June 19, 2001 at 5:30 p.m. in the City Council Chamber.
Adopted July 3, 2001
MARGARET R. MONAHAN, CITY CLERK
ATTEST
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