01-1204_CC_Minutes_Regular MeetingMINUTES
December 4, 2001
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85) - None
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 7:07 p.m. in the City Council Chamber. Mayor pro tem
Swerdlin led the Pledge of Allegiance to the Flag. Monsignor Paul Martin, Mission Basilica
San Juan Capistrano gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, Collene Campbell, John S. Gelff,
Mayor pro tem David Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber,
Engineering and Building Director; Amy Amirani, Public Works Director; Al King Jr.,
Community Services Director; Lt. Rick Stahr, Chief of Police Services; and Dawn
Schanderl, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION - None
JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND CAPISTRANO
VALLEY WATER DISTRICT REORGANIZATION (630.20)
DIANE BATHGATE SELECTED AS MAYOR AND JOHN S. GELFF SELECTED AS
MAYOR PRO TEMPORE OF THE CITY COUNCIL, TERMS ENDING DECEMBER
3, 2002 (610.85)
Written Communications: Report dated December 4, 2001 from Meg Monahan,
City Clerk.
Meg Monahan, City Clerk, opened nominations for the Office of Mayor.
CC Minutes 1 12-4-01
Council Action: Nominated by Council Member Gelff, seconded by Council Member
Campbell and carried unanimously to select Diane Bathgate as Mayor for a one-
year term ending December 3, 2002.
Mayor Bathgate assumed the Chair and opened nominations for the Office of Mayor
Pro Tempore.
Council Action: Nominated by Mayor pro tem Swerdlin, seconded by Council
Member Campbell and carried unanimously to select John S. Gelff as Mayor Pro
Tem for a one-year term ending December 3, 2002.
2. RESOLUTION NO. 01 -12-04-01 AUTHORIZING DEPOSITAND INVESTMENT OF
CITY FUNDS (320.10)
Written Communications: Report dated December 4, 2001 from Meg Monahan, City
Clerk.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Hart and carried unanimously, 5-0, to adopted RESOLUTION NO. 01 -12-
04-01 ENTITLED "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. 01-06-05-3"
3. COLLENE CAMPBELL SELECTED AS CHAIRMAN AND WYATT HART
SELECTED AS VICE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT
AGENCY, TERMS ENDING DECEMBER 3, 2002 (400.10)
Written Communications: Report dated December 4, 2001, from Meg Monahan,
Agency Secretary.
Meg Monahan, Agency Secretary opened nominations for the Office of Chairman.
Board Action: Nominated by Director Gelff, seconded by Director Swerdlin and
carried unanimously to select Collene Campbell as Chairman of the Community
Redevelopment Agency for a one-year term ending December 3, 2002.
Chairman Campbell opened nominations for the Office of Vice Chairman.
Board Action: Nominated by Director Gelff, seconded by Director Bathgate carried
unanimously to select Wyatt Hart as Vice Chairman of the Community
Redevelopment Agency for a one-year term ending December 3, 2002.
CC Minutes 2 12-4-01
4. RESOLUTION CRA 01-12-04-01 AUTHORIZING DEPOSIT AND INVESTMENT
OF AGENCY FUNDS 320.10
Written Communications: Report dated December 4, 2001, from Meg Monahan,
Agency Secretary.
Board Action: Moved by Director Hart, seconded by Director Swerdlin and carried
unanimously, 5-0, to adopt RESOLUTION NO. CRA 01-12-04-01 ENTITLED "A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY DELEGATING TO THE AGENCY FINANCE
OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST AND
REINVEST AGENCY FUNDS, AUTHORIZED SIGNATURES, AND REPEALING
RESOLUTION NO. CRA 01-10-02-01
5. DIANE BATHGATE SELECTED AS CHAIRMAN AND JOHN S. GELFF SELECTED
AS VICE CHAIRMAN OF THE CAPISTRANO VALLEY WATER DISTRICT, TERMS
ENDING DECEMBER 3, 2002 (1050.10)
Written Communications: Report dated December 4, 2001 from Meg Monahan,
Clerk of the Board.
Meg Monahan, Clerk of the Board, opened nominations for the Office of Chairman.
Board Action: Nominated by Director Hart, seconded by Director Campbell and
carried unanimously to select Diane Bathgate as Chairman for a one-year term
ending December 3, 2002.
Chairman Bathgate opened nominations for the Office of Vice Chairman.
Board Action: Nominated by Director Hart, seconded by Director Swerdlin and
carried unanimously to select John S. Gelff as Vice Chairman for a one-year term
ending December 3, 2002.
INTRODUCTIONS, PRESENTATION AND DONATIONS
1. LONG TERM EMPLOYEE JAMES "TITO" OLIVARES RECOGNIZED (730.90)
James "Tito" Olivares, Senior Maintenance Worker, was recognized for his 35 years
of service to the City by Amy Amirani, Public Works Director. Mayor Bathgate
presented Olivares with a Certificate of Recognition.
CC Minutes 3 12-4-01
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Marie Buckner and Joanne de Guevara, Housing Advisory Committee; Ilse Byrnes,
Parks, Recreation and Equestrian Commission; Pastor Gary Tucker, president of
the Chamber of Commerce; Gil Jones, former Mayor, and his wife Millie; Sue Hart;
Joe Soto, Water Advisory Commission.
Mayor Bathgate recognized Council Member Hart and his wife Sue Hart for his year
of service to the City as Mayor.
ORAL COMMUNICATIONS: - None
CONSENT CALENDAR
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem John
S. Geiff and carried unanimously, 5-0, to approve items 1, 3 through 5, 7, 9 & 10 as
recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. APPROVAL OF MINUTES FROM THE REGULAR MEETING OF NOVEMBER 6,
2001 WITHDRAWN FROM THE AGENDA.
3. WARRANTS DATED NOVEMBER 15, 2001 IN THE AMOUNT OF $904,054.12;
AND PAYROLL WARRANTS DATED NOVEMBER 8, 2001 IN THE AMOUNT OF
$232,090.37 RECEIVED AND FILED. (300.30)
4. (38) CONSULTANT SERVICES AGREEMENTS APPROVED TO PROVIDE PLAN
CHECK AND DESIGN SERVICES FOR A THREE -YEAR TERM WITH TWO ONE-
YEAR EXTENSIONS, NOT TO EXCEED $50,000 PER PROJECT PROPOSAL,
PER YEAR. (600.30)
The following companies were awarded Consultant Services agreement: AMEC
Earth & Environment, Inc.; Berryman & Henigar; Charles Abbott Associates; CgVL
Engineers; KFM Engineering; Norris-Repke, Inc.; P & D Consultants; Peter &
Associates; RBF Associates; Adams Streeter Civil Engineers; AKM Consulting
Engineers; Boyle Engineering; DH Civil Engineering; Focus Engineering; Gong
Enterprises; Hartzog & Crabill, Inc.; J.L. Patterson; KhrAssociates; La Belle Marvin;
LAN Engineering; Parsons Transportation; Richard Watson & Associates; RK
Engineering Group; Tetra Tech; The Keith Companies; Toal Engineering; Urban
Crossroads, Inc.; Van Dell & Associates; Willdan Associates; Esgil Corporation;
Cotton Shires and Associates; David H. Lee & Associates; Hetherington
CC Minutes 6 4 12-4-01
Engineering; Lawson & Associates; Petra Geotechnical, Inc.; Austin -Foust
Associates; Darnell & Associates; LSA Associates.
5. RESOLUTION NO. 01-1204-02 ADOPTED ENTITLED "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-
Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER
THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND
COASTAL PROTECTION BOND ACT OF 2000 FOR IMPROVEMENT OF THE
OLD HIGH SCHOOL SPORTS COURTS" (930.20)
6. CONSIDERATION OF ISSUES - LOS RIOS HISTORIC PARKING LOT (CIP NO.
125) ( 570.70
Written Communications: Report dated December 4, 2001 from William M. Huber,
Engineering and Building Director.
Gil Jones, 31791 Los Rios Street, supported the recommended action and
encouraged that the project be completed in a timely manner.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to direct City staff to return to a future
-- meeting with an analysis of the two options:
1. L-shaped parking lot running along the border of the Rios property and the
Niccola property.
2. The original design. Consistent with earlier direction, the option of a parking
lot on the CRA-Trulis property will not be considered.
Within those options staff will evaluate and provide recommendations on:
• Appropriate buffer between the Niccola's and Montanez property and the
parking lot/RV storage;
• A "nature walk" connecting to Ramos Street
• Phased approach to allow the parking lot to be implemented as soon as
possible within the City's fiscal limitations.
Assumed within all option:
• The parking lot will be asphalt rather than gravel or other less improved
surface.
• The RV storage lot will be gravel
• The trees will be retained within the parking lot and RV storage to the
maximum extent practical.
• Security issues will be carefully evaluated
CC Minutes 5 12-4-01
7. YEAR 2002 FLEXIBLE BENEFITS PLAN ADOPTED (720.40)
8. CONTRACT AWARDED TO CONSOLIDATED CONTRACTING SERVICES, INC.,
IN THE AMOUNT OF $583,409.85 FOR THE STONE FIELD RENOVATION
PROSECT (CIP NO. 470) (CONSOLIDATED CONTRACTING SERVICES, INC.)
(600.30)
Written Communications Report dated December 4, 2001 prepared by Amy
Amirani, Public Works Director.
Dr. Lon Uso, 31302 Via Las Palmas, thanked the council for moving forward on the
project.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 5-0, to approve award of construction contract for the
Stone Field Renovation Project to Consolidated Contracting Services, Inc., in the
amount of $583,409.85; and appropriate the amount of $295,000 from the Park and
Recreation Fund and $109,750.83 from the General Fund Reserve to cover
inspection, contingencies and budget shortfall.
9. REPORT OF INVESTMENTS, MONTH ENDING OCTOBER 31, 2001 RECEIVED
AND FILED (350.30)
10. REVISED PERSONAL SERVICES AGREEMENT WITH PEPPERDINE
UNIVERSITY FOR PROVIDING CONSULTING SERVICES/GANG PREVENTION
PROGRAMS APPROVED FOR THE PERIOD OF DECEMBER 20, 2001
THROUGH JUNE 30, 2002, IN THE AMOUNT OF $22,330.00 (600.30)
PUBLIC HEARINGS: NONE
RECESS AND RECONVENE
Council recessed at 7:33 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 7:39 p.m.
CC Minutes 6 12-4-01
ADMINISTRATIVE ITEMS
11. CITY MANAGER
a. RESOLUTION NO. 01-12-04-03 ADOPTED APPROVING SUPPLEMENTAL
MILITARY PAY AND CONTINUATION OF HEALTH CARE BENEFITS FOR
ACTIVATED MILITARY RESERVISTS (700.201720.40)
Project Description: Proposal to supplement military pay and continue health care
benefits for any City employee who has activated military reservist status.
Written Communication: Reportdated December 4, 2001, from Julia Silva, Assistant
City Manager.
Oral Presentation: Julia Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Hart, second by Council Member
Campbell and carried unanimously, 5-0, to adopt RESOLUTION NO. 01-12-04-03
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INSTITUTING SUPPLEMENTAL MILITARY PAY
FOR ACTIVATED RESERVISTS AND ALLOWING FORTHE CONTINUATION OF
BENEFITS DURING THIS PERIOD OF MILIARY ACTION."
b. $1,000 CONTRIBUTED TO THE A-4 SKYHAWK PROJECT, ORANGE COUNTY
MARINE CORPS MEMORIAL FOUNDATION (150.10)
Project Description: A request by Daniel McCoy, A-4 Skyhawk Project Director, for
a contribution to the Orange County Marine Corps Memorial Foundation to provide
an aircraft monument to be located in the Orange County Civic Center.
Written Communications: Report dated December 4, 2001 from Julia Silva,
Assistant City Manager,.
Oral Presentation: Julia Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Campbell, seconded by Council Member
Hart and carried unanimously, 5-0, to authorize a contribution of $1,000 from the
General Fund Reserves to the A-4 Skyhawk Project, Orange County Marine Corps
Memorial Foundation.
CC Minutes 7 12-4-01
C. CO-OPERATIVE AGREEMENT WITH THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVED FOR THE DEFERRAL
OF FAIR SHARE TRAFFIC MITIGATION FEES (CAPISTRANO VOLKSWAGEN)
(600.30)
Project Description: A First Amendment was approved with Capistrano
Volkswagen and the Community Redevelopment Agency to pay for Capistrano
Volkswagen's Fair Share Traffic fees, which are collected prior to permit issuance.
The Agency is requesting that the City defer a collection of these fees and that it
remit payments received from the first amendment to the Owner Participation
Agreement.
Written Communication: Report dated December 4, 2001, from Douglas D.
Dumhart, Principal Management Analyst.
Oral Presentation: Douglas D. Dumhart, Principal Management Analyst, reviewed
the staff recommendation.
Council Action: Council Member Hart, seconded by Mayor pro tem Gelff and carried
unanimously, 5-0, to approve the Co-operative Agreement with the Community
Redevelopment Agency for Deferral of Fair Share Traffic Mitigation Fees.
12 PLANNING DIRECTOR
a. APPEAL OF PLANNING COMMISSION APPROVAL DENIED, PLANNING
COMMISSION APPROVAL UPHELD FOR A 8,519 SQUARE -FOOT BUILDING
PROPOSED FOR 33375 CAMINO CAPISTRANO, ARCHITECTURAL CONTROL
01-03 (BARWICK DODGE) (410.60)
Project Description: Mr. Mark Nielson, representing CAUSE, appealed the decision
of the Planning Commission in approving Architectural Control application 01-03.
The appellant stated that the proposed building to be located at 33375 Camino
Capistrano would block existing views of the valley as seen from Camino Capistrano
and sets a precedent to allow third stories.
Written Communications: Report dated December 4, 2001, from Thomas
Tomlinson, Planning Director.
Oral Communications: Tom Tomlinson, Director of Planning, reviewed the staff
recommendation and provided a slide presentation.
Public Comments:
Dr. Lon Uso, 31302 Via Las Palmas, supported the appeal as the project varied
from city codes.
CC Minutes 8 12-4-01
Mark Nielsen, 31621 Via Quixote, appellant representing CAUSE, requested the
Planning Commission approval be overturned as the proposed structure was
comparable to a three-story structure. He felt that compromised solutions slowly
erode the city's character. Mr. Nielsen requested waiver of the appeal filing fee.
Al Parajeckas, applicant, Barwick Dodge, 33375 Camino Capistrano, encouraged
the City Council to uphold the Planning Commission's approval as he has followed
the process and is meeting the franchise requirements.
Council Comments:
Council Member Swerdlin stated he has looked at the totality of the project and
thanked staff for the fine job of detailing all of the issues for the Council.
Council Member Hart concurred with Council Member Swerdlin and expressed the
second story mezzanine remained within height limits.
Mayor Bathgate expressed concern that there would be adequate screening of the
service bays behind the building.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to deny the appeal and uphold the approval
of the Planning Commission to allow the construction of a freestanding 8,519
square foot building at the Barwick Chrysler dealership.
b. MAYOR TO APPOINTAD HOC COMMITTEE MEMBERS TO CONDUCT PUBLIC
REVIEW PROCESS FOR TITLE 9 REVISIONS (420.30)
Project Revisions: An appointment of an Ad Hoc Committee consisting of two City
Council members and two Planning Commissioners. The Committee would conduct
public hearings on the contents of the revisions to Title 9. The Committee would
then provide recommendations for consideration to the Planning Commission and
City Council.
Written Communications: Report dated December 4, 2001, from Thomas
Tomlinson, Planning Director.
Oral Presentations: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 5-0 to direct the Mayor to appoint at will two City Council
members and two Planning Commissioners to form the Title 9 Ad Hoc Committee
to conduct public hearings regarding the comprehensive revision to the City's
CC Minutes 9 12-4-01
Zoning and Subdivision regulations and report their recommendations to the
Planning Commission and City Council.
C. AGREEMENT WITH LAWRENCE ASSOCIATES FOR CONTINUED PROJECT
MANAGEMENT FOR WHISPERING HILLS TRACT 15571 AND REZONE 97-08
APPROVED (600.30)
Project Description: Staff request to retain the services of Lawrence Associates for
project management of the Whispering Hills project at a cost not to exceed $60,000.
Written Communication: Report dated December4, 2001, from Thomas Tomlinson,
Planning Director.
Oral Communication: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Hart and carried unanimously, 5-0, to approve the Personal Services
Agreement with Lawrence Associates, in an amount not to exceed $60,000, to
provide continued project management for the Whispering Hills Tract 15571 and
Rezone 97-08 project. Mayor authorized to execute the agreement.
13 ENGINEERING AND BUILDING DIRECTOR
a. CITY SEWER EXTENSION, CAMINO CAPISTRANO BUDGET AMENDMENT AND
CONSTRUCTION CONTRACT AWARDED TO BRONGO CONSTRUCTION, INC.,
IN THE AMOUNT OF $82,486; ALL OTHER BIDS REJECTED (C1P NO. 721)
(600.30)
Project Description: Bids were opened November 5, 2001 for the City Sewer
Extension, Camino Capistrano (CARE). Brongo Construction, Inc., was the low
responsible bidder in the amount of $82,486.00. Including the cost of geotechnical
testing, staff recommended the transfer of $15,000 from the Sewer Fund Reserves
to cover the full cost of the project.
Written Communications: Report dated December4, 2001, from William M. Huber,
Director of Engineering & Building.
Oral Presentation: William M. Huber, Director of Engineering, reviewed the staff
recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to amend the project budget by transferring
$15,000 from Sewer Fund Reserves to CIP No. 721 and award the contract for the
City Sewer Extension, Camino Capistrano (CARE) to the low responsible bidder,
CC Minutes 10 12-4-01
Brongo Construction Inc. in the amount of $82,486.00 and reject all other bids.
Mayor and City Clerk authorized to execute the documents on behalf of the City.
14 COMMUNITY SERVICES DIRECTOR
a. CONSIDERATION OF YOUTH COMMISSION PROPOSAL (CONTINUED TO
DECEMBER 18, 2001) (110.20)
Project Description: Consideration of Youth Commission Proposal
Written Communications: Request by Al King, Jr., Community Services Director,
to continue this item to the December 18, 2001 meeting.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Hart and carried unanimously, 5-0, to continue consideration of the Youth
Commission Proposal to the City Council meeting of December 18, 2001.
15 ADMINISTRATIVE SERVICES DIRECTOR
a. ONE-YEAR EXTENSION OF CABLE TELEVISION FRANCHISE AGREEMENT
WITH COX COMMUNICATIONS, INC. APPROVED (600.30)
Project Description: The City is participating with six other South Orange County
Cities in negotiating a new long-term contract with Cox Communications. The
process will take up to 12 months to complete. Staff is requesting a one-year
extension of the current agreement to allow staff to continue the joint negotiation
process.
Written Communications: Reportdated December4, 2001, from Cynthia L. Russell,
Administrative Services Director.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem
Gelff and carried unanimously, 5-0, to approve the one-year extension to the cable
television franchise agreement with Cox Communication, Inc.; authorize the City
Manager to execute the final extension agreement and direct staff to continue the
process of joint negotiations with the surrounding cities served by Cox
Communications for a new long-term contract.
ORDINANCES: None
CC Minutes 11 12-4-01
COUNCILMANIC ITEMS
a. ORAL REPORTS OF OUTSIDE AGENCIES:
Mayor pro tem Swerdlin
San Joaquin Hills Transportation Corridor (800.50): Rate increase of 25 -cents for
Fast Track holders and 50 -cents for others anticipated for February 2002.
COUNCIL COMMENTS: None
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8:27 p.m. to
a Regular meeting, Tuesday, December 18, 2001, in the City Council Chamber.
Respectfully submitted,
t2.
RET R. MONAHAN, CITY CLERK
Adopted: January 10, 2002
ATTEST:
DIAIQE BATHGATE, MA
CC Minutes 12 12-4-01