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