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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) CC Minutes -1- 06/05/01 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. CC Minutes -2- 06/05/01 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) CC Minutes -3- 06/05/01 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. CC Minutes -4- 06105101 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 CC Minutes -5- 06105/01 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 CC Minutes -6- 06/05/01 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. CC Minutes -7- 06/05/01 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 CC Minutes -8- 06/05/01 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. CC Minutes -9- 06/05/01 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 rma'd EWo /. -N - / «- CC Minutes -10- 06/05/01