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02-0305_CC_Minutes_Regular MeetingMINUTES March 5, 2002 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 Kuo v. City of San Juan Capistrano, Case No. 01 CC06479 and related Case No. 01 CC06484. b. Pursuant to Government Code Section 54956.9(c), the City Council conferred with its legal counsel regarding two matters. C. Pursuant to Government Code Section 54956.8, the City Council conferred with its real property negotiator (City Manager) concerning the potential lease of land, described as APN 668-101-03, to the Capistrano Valley Water District. Its negotiator is the Executive Director. 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 7:01 p.m. in the City Council Chamber. Council Member Wyatt Hart led the Pledge of Allegiance to the Flag. Monsignor Paul Martin, Mission Basilica San Juan Capistrano, gave the Invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David M. Swerdlin, Mayor pro tem John S. Gelff, and Mayor Diane Bathgate. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Al King, Jr., Community Services Director; Lt. Rick Stahr, Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk. ANNOUNCEMENT OF CLOSED SESSION John Shaw, City Attorney, reported that the City Council authorized the following regarding CC Minutes 1 3-5-02 Closed Session item 1 a - filing of an appeal with respect to Kuo v. City of San Juan Capistrano, Case No. 01 CC066479 and related Case No. 01 CC06484 (4-0-1 vote, with Mayor Bathgate abstaining); and regarding Closed Session item 1 b - filing of a joinder letter of appeal to the State Water Quality Board with respect to the San Diego Regional Water Quality Control Board storm drain regulations (5-0 vote). INTRODUCTIONS, PRESENTATION AND DONATIONS 1. PROCLAMATION DESIGNATING FEBRUARY 1, 2002 THROUGH APRIL 30, 2002 AS FIESTA DE LAS GOLONDRINAS (150.60) Mayor Bathgate presented a proclamation to Tom Ostenson, President of the Fiesta Association, designating February 1, 2002 through April 30, 2002, as "Fiesta de las Golondrinas." 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Gelff introduced the following: Les Blair, Council Liaison to the Seniors; Pat Bathgate, Mother of the Mayor; Boy Scout Troop #731; and Orange County Fire Authority Battalion Chief Mike Ahumada. ORAL COMMUNICATIONS: CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT Richard M. Stowe, 32103 Paseo Carolina, requested the City Council to consider installing lighting for the San Juan Creek bike trail and consider the use of roundabouts for high capacity intersections. Terry D'Amica, 32961 Calle Miguel, supported lighting of the San Juan Creek bike trail. Bill Campbell, 33141 Paseo Pinto, inquired into televising City Council meetings. George Scarborough, City Manager, reported that costs are very high and Federal law requires that the costs be passed to ratepayers. Jill Hanna, 26861 Canyon Crest, President of the Mission Hills Ranch Homeowners Association, requested resurfacing of Mission Hills Drive, as the road is in very poor condition. Ms. Hanna submitted a letter dated February 21, 2002, regarding her request. George Scarborough, City Manager, responded that Staff will investigate the issue and report to the City Council. David Alaceri inquired into the progress of work at Camino Capistrano. William Huber, Directorof Engineering and Building, reported that environmental workwas required, which slowed down the project schedule. He anticipated that the work would be completed by the end of this year. CC Minutes 2 3-5-02 CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously, 5-0, to approve items 1, 2, and 4 through 7 as recommended by Staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED 2. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 5, 2002, APPROVED AS SUBMITTED. 3. WARRANTS DATED FEBRUARY 7, 2002, IN THE AMOUNT OF $504,889.22, AND PAYROLL WARRANTS DATED FEBRUARY 14, 2002, IN THE AMOUNT OF $224,374.00, RECEIVED AND FILED (300.30) This item was removed from the Consent Calendar to allow Mayor Bathgate to abstain from voting. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin and Mayor pro tem Gelff NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate 4. CONTRACT CHANGE ORDER NO. 1 APPROVED IN THE AMOUNT OF $7,072.44; RESOLUTION NO. 02-03-05-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR EL CAMINO REAL/SPRING STREET STORM DRAIN PROJECT (MATTHEW & STEWART COMPANY, INC.);" CITY CLERK DIRECTED TO PROCESS RECORDING OF THE PROJECT NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $8,471.12,35 DAYS AFTER RECORDATION (600.30) 5. CONTRACT CHANGE ORDER NO. 1 APPROVED IN THE AMOUNT OF $2,129.50; CONTRACT CHANGE ORDER NO. 2 APPROVED IN THE AMOUNT OF $3,864.00; RESOLUTION NO. 02-03-05-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CITY SEWER EXTENSION, CAMINO CC Minutes 3 3-5-02 CAPISTRANO (CARE) (BRONGO CONSTRUCTION, INC.);' CITY CLERK DIRECTED TO PROCESS RECORDING OF THE PROJECT NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $8,774.15,35 DAYS AFTER RECORDATION (600.30) 6. REPORT OF INVESTMENTS, MONTH ENDING JANUARY 31, 2002, RECEIVED AND FILED (350.50) 7. CANON AWARDED THE BIDS FOR THE LEASE/PURCHASE OF AN IMAGERUNNER 105 FOR $37,749 OR $1,087 PER MONTH LEASE COSTS, PLUS $480 FOR MAINTENANCE AND SUPPLY COSTS PER MONTH AND THE LEASE/PURCHASE OF TWO (2) CANON IMAGERUNNER 28 COPIERS FOR $7,077 EACH OR $218 PER MONTH EACH, PLUS MAINTENANCE AND SUPPLY COST OF $130 PER MONTH EACH; AND CITY MANAGER AUTHORIZED TO EXECUTE THE APPROPRIATE LEASE DOCUMENTS (370.30) PUBLIC HEARINGS: None RECESS AND RECONVENE Council recessed at 7:30 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District meetings and reconvened at 7:32 p.m. ADMINISTRATIVE ITEMS H1. CITY MANAGER a. REIMBURSEMENT IN THE AMOUNT OF $26,628 TO MISSION SAN JUAN CAPISTRANO APPROVED FOR REPAIRS MADE TO THE PUBLICLY OWNED PORTION OF THE MISSION SAN JUAN CAPISTRANO WALL LOCATED ON ORTEGA HIGHWAY (910.50) Project Description: Mission San Juan Capistrano requested reimbursement from the City in the amount of $26,628 to cover the costs related to repair of the low, concrete masonry planter wall located in the publicly owned right-of-way along Ortega Highway. Written Communication: Report dated March 5, 2002, from Mechelle Lawrence, Economic Development Manager. Oral Presentation: George Scarborough, City Manager, reviewed the staff recommendation. Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem CC Minutes 4 3-5-02 Gelff and carried unanimously, 5-0, to appropriate funds from the General Fund Reserve in the amount of $26,628 to reimburse Mission San Juan Capistrano for the repairs made to the publicly owned portion of the historic wall located on Ortega Highway. H2 PLANNING DIRECTOR a. CONSIDERATION OF WAIVER OF FEES FOR PROPOSED PROJECT ON CITY'S NORTHWEST OPEN SPACE (CAMP COOKIE FOR CHILDREN, INC.)TO BE CONTINUED TO MARCH 19, 2002 Protect Description: Camp Cookie for Children submitted a letter requesting waiver of all fees associated with the development review process and building permit fees for their proposed ranch activity center and stable on the City's Northwest Open Space property. Written Communication: Report dated March 5, 2002, from Thomas Tomlinson, Planning Director. Oral Presentation: Lynnette Adolphson, Management Analyst II, reviewed the staff recommendation. Council Comments: Council Member Swerdlin requested that Staff differentiate between soft costs and costs that would need to be supplemented from other sources if they were not paid by Camp Cookie. He also inquired into past fee waivers approved by the Council for similar types of organizations. He was uncomfortable with the staff recommendation and suggested a two week continuance. Mayor Bathgate concurred. Council Member Campbell felt it was inappropriate for the City to donate public funds to a private nonprofit organization. She felt this was a personal decision that individual citizens should make with respect to their own money. George Scarborough, City Manager, reported that the Staff recommended fee waiver included costs that would need to be supplemented from other sources, if Camp Cookie did not pay these fees. The costs that would not need to be supplemented from other sources, referred to as the City's soft costs, represented $21,000. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to continue the consideration of waiver of fees requested by Camp Cookie for Children to the Council meeting of March 19, 2002. CC Minutes 5 3-5-02 ORDINANCES: None COUNCILMANIC ITEMS 1. COUNCIL MEMBERS HART AND SWERDLIN SELECTED AS COUNCIL SUBCOMMITTEE MEMBERS FOR REVIEWING WALL OF RECOGNITION NOMINATIONS (210.10) Description: The Wali of Recognition Program was created to recognize individuals whose contributions and selfless efforts have made the City of San Juan Capistrano a more productive and enjoyable place to live. Council policy establishes that the City Council will designate a subcommittee of City Council members to select the honorees. Written Communication: Report dated March 5, 2002, from Cristi J. Silverberg, Community Liaison. Council Action: Moved by Council Member Campbell, seconded by Mayor pro tern Gelff and carried unanimously, 5-0, to appoint Council Members Hart and Swerdlin to serve as Council subcommittee members for reviewing Wall of Recognition nominations. 2. ORAL REPORTS OF OUTSIDE AGENCIES: Council Member Campbell Associated Seniors Action Program (ASAP) (595.60): Council Member Campbell will begin working with the program volunteers to develop a memorial for ASAP volunteers. Council Member Swerdlin Orange County Vector Control District (560.50): Vector of the month - mosquito Mayor pro tem Gelff Library Advisory Board (950.20): Mayor pro tem Gelff will meet with Friends of the Library to present report. CC Minutes 6 3-5-02 COUNCIL COMMENTS: Mayor pro tem John S. Gelff inquired into the possibility of additional fireworks for the 4th of July celebration. George Scarborough, City Manager, reported that the midyear budget would be considered soon which will include funding alternatives for fireworks. ADJOURNMENT There being no further business, Mayor Bathgate adjourned the meeting at 7:48 p.m. to a Regular meeting, Tuesday, March 19, 2002, in the City Council Chamber. Respoctfuily submitted, G2 n'� RET R. MONAHAN, CITY CLERK : April 2, 2002 ATTEST: DIANE BATHGATE, MAYOR CC Minutes 7 3-5-02