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01-1218_CC_Minutes_Regular MeetingMINUTES December 18, 2001 SAN JUAN CAPISTRANO CITY COUNCIL CLOSED SESSION (610.85) - 5:30 P.M. A Closed Session was held for the following purposes, as authorized by statute: a. Pursuant to Government Code Section 54956.9, the City Council conferred with its legal counsel regarding the status of Quo v. City of San Juan Capistrano, and related matters. b. Pursuant to Government Code Section 54956.9(a)(1) the City Council conferred with its legal counsel regarding one matter. RECESS UNTIL 7:00 P.M. BUSINESS SESSION Mayor Bathgate 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. Council Member Campbell led the Pledge of Allegiance to the Flag and gave the Invocation. ROLL CALL COUNCIL MEMBERS PRESENTS: Wyatt Hart, Collene Campbell, David M. Swerdlin, and Mayor Diane Bathgate. COUNCIL MEMBERS ABSENT: Mayor pro tem John S. Gelff (attending League of Cities conference) 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 - No action taken INTRODUCTIONS. PRESENTATION AND DONATIONS 1. DAN MISSEL RECOGNIZED AS DEPUTY OF THE YEAR AWARD (610.40) Deputy Dan Missel was recognized as the 2001 San Juan Capistrano Deputy of the Year by Lt Rick Stahr, Chief of Police, and was presented a plaque by Mayor Bathgate. CC Minutes 1 12-18-01 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Ethal Tregarthen, Housing Advisory Committee; Jan Siegel and Don Tryon, Cultural Heritage Commission; Les Blair, Liaison to Seniors; Battalion Chief Hayden; Ilse Byrnes, Parks, Recreation and Equestrian Commission; and Dr. Roy Byrnes, former Council Member and Mayor ORAL COMMUNICATIONS: (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT): Pat Bauer, 9 Baja del Sol, expressed concern that the General Plan Amendment process had fallen behind schedule. Pauline Leonard, 27589 Brookside Lane, supported affordable housing projects in the City. Mayor Bathgate discussed following her father's legacy as a Council Member and Mayor of San Juan Capistrano and recognized Honorable David Carter, Federal Court Judge. CONSENT CALENDAR Council Action: Moved by Council Member Campbell, seconded by Council Member Hart and carried unanimously, 4-0-1, to approve items 1 and 3 through 12 as recommended by Staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED 2. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 6, 2001 APPROVED AS SUBMITTED; MINUTES OF NOVEMBER 20, 2001, APPROVED AS AMENDED This item was pulled from the agenda to allow for an amendment to the November 20, 2001 minutes by Council Member Campbell, regarding item 1-12b. Moved by Council Member Campbell, seconded by Council Member Hart and carried unanimously, 4-0-1, to approve the minutes of the Regular Meeting of November 6, 2001 as submitted and the minutes of the Regular Meeting of November 20, 2001, as amended. 3. WARRANTS DATED NOVEMBER 29, 2001 IN THE AMOUNT OF $441,467.30; AND PAYROLL WARRANTS DATED NOVEMBER 21, 2001 IN THE AMOUNT OF $216,198.88 RECEIVED AND FILED (300.30) 4. STATUS OF NEW DEVELOPMENT APPLICATIONS RECEIVED AND FILED (440.10) CC Minutes 2 12-18-01 5. DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES, VALLE ROAD SELF STORAGE, APPROVED WITH PRICE ENTERPRISES, INC., AND MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY (600.30) 6. WAIVER OF FORMAL BIDDING PROCESS APPROVED FOR THE PURCHASE OF TRAFFIC SIGNAL CONTROL CABINET FOR THE INTERSECTION OF DEL OBISPO STREET AND PASEO ADELANTO FROM ECONOLITE CONTROL PRODUCTS, INC., IN THE AMOUNT OF $16,234.65 (370.30) 7. FINAL PARCEL MAP 2001-158 APPROVED BASED ON FINDING THAT THE FINAL MAP IS IN CONFORMANCE WITH THE SUBDIVISION MAPACT ANDTHE CONDITIONS SET FORTH BY COUNCIL RESOLUTION 01-7-17-3. CITY ENGINEER AND CITY CLERK AUTHORIZED TO EXECUTE THE FINAL MAP AND CITY CLERK DIRECTED TO SEND MAP TO THE ORANGE COUNTY RECORDER FOR RECORDATION (SHEAIJOSWICK) (420.70) 8. RESOLUTION NO. 01 -12-18-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENTAND MITIGATION PROGRAM UNDERTHE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: REPLACEMENTAND INSTALLATION OFADDITIONAL TREES ALONG STATE ROUTE 74, ORTEGA HIGHWAY" (410.90) 9. RESOLUTION NO. 01-12-18-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING AN AMENDMENT TO THE DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES" (720.30) 10. PERSONAL SERVICES AGREEMENT APPROVED FOR THE IRRIGATION CONTROL SYSTEM UPGRADE WITH EWING IN THE AMOUNT OF $28,248.01; $31,000 APPROPRIATED FROM THE GENERAL FUND RESERVE TO COVER COSTS PLUS CONTINGENCY; AND MAYOR AUTHORIZED TO EXECUTE AGREEMENT (600.30) 11. CASH BALANCES BY FUND - JULY 31, 2001, AUGUST 31, 2001 AND SEPTEMBER 30, 2001, RECEIVED AND FILED (330.50) 12. AMENDMENT NO. 1 APPROVED EXTENDING THE TERM OF THE MEMORANDUM OF UNDERSTANDING WITH MISSION HOSPITAL FOR THE PURPOSE OF PROVIDING GRANT FUNDING FOR THE STONE FIELD PARK PROGRAM (600.30) PUBLIC HEARINGS: None CC Minutes 3 12-18-01 RECESS AND RECONVENE. Council recessed At 7:28 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency and reconvened at 7:29 p.m. ADMINISTRATIVE ITEMS H1. COMMUNITY SERVICES DIRECTOR a. RESOLUTION NO. 01-12-18-03ADOPTEDESTABLISHING AYOUTH ADVISORY BOARD INCLUDING CLARIFICATION THAT ONLY YOUTH MEMBERS SHALL BE VOTING MEMBERS (CONTINUED FROM THE MEETING OF DECEMBER 4, 2001) (110.20) Project Description: The City received a proposal from teen residents who are requesting establishment of a City Youth Advisory Board. The purpose of the Youth Advisory Board would be to advise the City Council on youth related matters. Written Communication: Report dated December 18, 2001, from Al King, Jr., Community Services Director. A letter dated December 11, 2001, from Sharon R. Holdt supporting a City Youth Commission. Oral Presentation: Karen Crocker, Community Services Manager, reviewed the staff recommendation. Public Comment: Sara Behmerwohld, 33122 Sandpiper Court, encouraged teen involvement in planning community events. Pat Bauer, 9 Baja del Sol, representing the League of Women Voters of the Capistrano Bay Area, read a letter from Beverly Halverson supporting creation of a Youth Advisory Board. Diana Arce, 26452 Evergreen Road, looked forward to greater youth participation. Catie Reames, 31702 Via Madonna, recommended that all voting members of board be youth representatives. Council Comments: Council Member Swerdlin supported establishment of a Youth Advisory Board with youth members as the only voting members. He suggested that the member of the new Board who attends City Council meetings should also be a youth member. CC Minutes 4 12-18-01 Council Member Hart concurred. Council Member Campbell felt it would be a win-win program for the community, also suggesting that a youth member attend the Council meetings. Mayor Bathgate looked forward to having the Youth Advisory Board as part of the City family. Al King, Community Services Director, recognized Karen Crocker, Community Services Manager, the Rotary Club and Youth Leadership for putting the proposal together. Council Action: Moved by Council Member Campbell, seconded by Council Member Hart and carried unanimously,4-0-1, to adopt RESOLUTION NO. 01-12- 18-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A CITYYOUTH ADVISORY BOARD" H2 CITY MANAGER a. CONGDON HOUSE ADAPTIVE REUSE PROPOSALS REJECTED; ITEM TO BE RECONSIDERED BY APRIL 2, 2002 (910.50) Project Description;_ A Request for Proposals (RFP) process solicited proposals for a museum use at the Congdon House. Four proposals were received, in addition to interest expressed by Questors, a historic preservation/docent organization, interested in donating historically accurate period furniture and conducting group tours. A subcommittee conducted interviews and recommended that the City not enter into negotiations with any of the proposing firms. Staff recommended that the City enter into negotiations with Piquet Construction to implement an adaptive reuse effort comprised of a museum and general store. Written Communication: Report dated December 18, 2001, from Mechelle Lawrence, Economic Development Manager. A letter dated December 17, 2001, from George Kibby and Alana L. Jolley stating letter was to be considered as an attachment to their previously submitted proposal. Oral Presentation: Mechelle Lawrence, reviewed the staff recommendation. Public Comments: Ilse Byrnes, P.O. Box 1029, member of the subcommittee that reviewed the proposals, encouraged use as an agricultural museum, expressing concerns that CC Minutes 5 12-18-01 the proposed country store would detract from the museum function, and encouraged definition of site boundaries. Don Tryon, 27539 Paseo Mimosa, representing the San Juan Capistrano Historical Society, requested that all proposals be rejected, stressed need for preservation coordinator position and a more detailed Request for Proposal; and expressed that the site should be used as an agricultural museum. Paula Clemmer, 26032 Avenida Cabrillo, explained details of the proposal for a country store and agriculture museum mixed use. Jan Siegel, 27201 Calle del Gado, representing Mission Trail Questers, stated that the Congdon House use must be nonprofit, historical for her organization to volunteer furnishings and docents. She was opposed to a general store use and rent-free proposal. Council Comments: Council Member Swerdlin supported the subcommittee recommendation for an agricultural museum, including a small museum type store; educational tours; upper floor use by Community Services; and hiring of a preservation coordinator. He was not supportive of intense commercial activity of the site, including the surrounding 1.2 acres. He requested research into the American Disabilities Act (ADA) requirements related to historical preservation of public buildings. Council Member Campbell suggested a self-sustaining project that might include grant funding. She recognized the quality of the proposals submitted and efforts expended by those submitting proposals. Council Member Hart commented that circumstances involving adaptive reuse of the building had changed since South Coast Farms abandoned an earlier project. He felt an overall analysis of the City's historic sites, including use of the Congdon House, should be prepared by a preservation coordinator. He also encouraged close study of the impact of ADA requirements on the structure's final use. Mayor Bathgate supported the idea of a preservation coordinator and development of a citywide Historic Preservation Strategy Report before committing to a final course of action. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 4-0-1, to reject all proposals and reconsider the item on or before meeting of April 2, 2002 to allow time to consider city strategy for the preservation of historical structures. CC Minutes 6 12-18-01 b. RESOLUTION 01-12-18-04 ADOPTING CITY COUNCIL POLICY INSTITUTING VOLUNTARY GUIDELINES AND INCENTIVES FOR ENERGY-EFFICIENT NEW CONSTRUCTION OF CITY -OWNED, COMMERCIAL AND RESIDENTIAL BUILDINGS (610.30) Description: Staff recommended adoption of a City Council Policy to establish a partnership with San Diego Gas and Electric (SDG&E) and the San Diego Regional Energy Office and implement the Community Energy Partnership Program. Written Communication: Report dated December 18, 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, seconded by Council Member Swerdlin, and carried unanimously, 4-0-1, to adopt RESOLUTION NO. 01-12-18-04 entitled "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING VOLUNTARY GUIDELINES AND INCENTIVES FOR ENERGY-EFFICIENT NEW CONSTRUCTION OF CITY -OWNED, COMMERCIAL AND RESIDENTIAL BUILDINGS; AND, IMPLEMENTING THE COMMUNITY ENERGY PARTNERSHIP PROGRAM WITH THE SAN DIEGO REGIONAL ENERGY OFFICE AND SAN DIEGO GAS & ELECTRIC." H3 PLANNING DIRECTOR a. REQUEST FOR QUALIFICATIONS PROCESS FOR CONSTRUCTION OF NEW AFFORDABLE RENTAL HOUSING CONSTRUCTION PROJECT AUTHORIZED (430.45) Pro'ect Description: Consideration of initiating a Request for Qualifications (RFQ) process to determine feasibility of new affordable rental housing within the City. The RFQ process would select a qualified affordable housing developer to assist in identification and acquisition of land suitable for a 180 -unit project. Written Communication: Report dated December 18, 2001, from Thomas Tomlinson, Director of Planning Director. Oral Presentation: Debbie Dirnu, Housing Consultant, reviewed the staff recommendation. Public Comments: Ethel Tregarthen, 27625 Summerfield, provided information for studies that supported the need for affordable housing. CC Minutes 7 12-18-01 Council Comments: Council Member Bathgate suggested that the RFQ include consideration of at - market -rate units. Council Member Swerdlin suggested that multi -layered financing and non- designated units for low- and very low- income tenants be explored in the RFQ process. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously, 4-0-1, to authorize staff to issue the Request for Qualifications for a new Affordable Housing Construction project, conduct the evaluation of the responses and return to Council with a recommendation for selection of an affordable housing developer, with the project to include "at -market - rate units". H4 ENGINEERING AND BUILDING DIRECTOR a. AMENDMENTTO PERSONAL SERVICES AGREEMENT APPROVED WITH AKM ENGINEERING FOR ADDITIONAL ENVIRONMENTAL SERVICES, CAMINO CAPISTRANO SLOPE REPAIR PROJECT, CIP NO. 139 IN THE AMOUNT OF $16,830 (600.30) Pro'ect Descri tion: Due to a Caltrans determination that additional environmental surveys are required for the Camino Capistrano Slope Repair, Staff recommended that the existing contract with AKM Engineering, project design consultant, be amended to include the services of Bonterra Consulting, as a subconsultant, to perform the surveys. Written Communication: Report dated December 18, 2001, from William M. Huber, Director of Engineering and Building. Oral Presentation: William M. Huber, Director of Engineering and Building reviewed the staff recommendation. Council Action: Moved by Council Member Campbell, seconded by Council Member Hart and carried unanimously, 4-0-1, to approve the amendment to Personal Services Agreement with AKM Engineering for additional environmental services in the amount of $16,830. ORDINANCES: None CC Minutes 8 12-18-01 COUNCILMANIC ITEMS 1. COUNCIL MEMBERS SWERDLIN AND CAMPBELL APPOINTED BY MAYOR BATHGATE AS COUNCIL REPRESENTATIVES TO CITY'S DELEGATION TO MEET WITH SCHOOL DISTRICT BOARD REPRESENTATIVES (515.10) Description: At the March 20, 2001 City Council meeting, Council concurred that Mayor Bathgate should designate two City Council Members to meet with Board Members of the Capistrano Unified School District to discuss issues related to siting two future schools. Written Communications: Staff Report dated December 18, 2001, from Julia Silva, Assistant City Manager. Council Action: Moved by Mayor Bathgate, seconded by Council Member Hart and carried unanimously, 4-0-1, to appoint Council Members Swerdlin and Campbell as Council representatives to meet with Board Members of the Capistrano Unified School District. 2. ORAL REPORTS OF OUTSIDE AGENCIES: Council Member Swerdlin Foothill Eastern Corridor (800.50): Scott Diehl, Council Member, City of San Clemente appointed as Chairman. San Joaquin Hills Transportation Corridor (800.50); Linda Lindholm, Council Member, City of Laguna Niguel appointed as Chairman. Orange County Vector Control District (560.50): Black Widow Spider, Vector of the Month Mayor Bathgate San Juan Basin Authority (1950.60): Amy Amirani, Public Works Director, reported on status of Desalter project. COUNCIL COMMENTS: None CC Minutes 9 12-18-01 ADJOURNMENT There being no further business, Mayor Bathgate adjourned the meeting at 9:02 p.m. to a Regular meeting, Thursday, January 10, 2002, in the City Council Chamber. Respectfully submitted, �2. IM ABET R. MONAHAN, CITY CLERK Adopted: February 5, 2002 ATTEST: DIANE BATHGATE, CC Minutes 10 12-18-01 NOTICE OF ADJOURNMENT OF MEETING OF CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, at its Regular meeting of December 18, 2001, adjourned said meeting to Thursday, January 10, 2002 at 5:30 p.m. in the City council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: December 18, 2001 M ga et R. Monahan, City Clerk — STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO SS AFFIDAVIT OF POSTING I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at or near the door of the City council chamber on December 18, 2001 within 24 hours of adjournment of the above-named meeting. I declare under penalty of perjury that the foregoing is true and correct. Mafgarl t R. Monahan, City Clerk