02-0319_CC_Minutes_Regular Meeting MINUTES
March 19, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (61„0.85) - 5:30 P.M.
The following item was withdrawn from the Closed Session Agenda:
1 . 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 General Manager.
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 7:04 p.m. in the City Council Chamber. Council Member
David Swerdlin led the Pledge of Allegiance to the Flag. Pastor Brian Wood, Calvary
Chapel of 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; 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, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION - Mayor Bathgate announced that a closed
session did not take place.
INTRODUCTIONS, PRESENTATION AND DONATIONS
1. PROCLAMATION DECLARING APRIL 2002 AS "EARTHQUAKE
PREPAREDNESS MONTH" (610.40)
Mayor Bathgate presented a proclamation to Anne Tanouye, a representative from
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the Governor's Office of Emergency Services, declaring April 2002 as "Earthquake
Preparedness Month."
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced Les Blair, Liaison to the Seniors.
ORAL COMMUNICATIONS:
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY/WATER DISTRICT
Clint Worthington, 32102 Via de Oliva, President of the Capistrano Volunteer Fire
Department, requested that the City Council support volunteer reserve firefighters by
amending the Orange County Fire Authority's proposal on the reserve program to keep the
status quo at Station 7. Mr. Worthington presented a written copy of his comments to
Council.
Mayor pro tem Gelff indicated discussions were still going on with the Orange County Fire
Authority regarding concerns with the volunteer program and he has made a commitment
to maintain a volunteer program in San Juan Capistrano.
CONSENT CALENDAR
Council Action. Moved by Council Member Hart, seconded by Mayor pro tem Gelff and
carried unanimously, 5-0, to approve items 1 through 6 as recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 19, 2002,
APPROVED AS SUBMITTED
3. WARRANTS DATED FEBRUARY 21, 2002, IN THE AMOUNT OF $777,059.65 ,
AND PAYROLL WARRANTS DATED FEBRUARY 28, 2002, IN THE AMOUNT OF
$217,517.49, RECEIVED AND FILED (300.30)
4. CASH FUND BALANCES BY FUND FOR NOVEMBER 30, 2001 AND
DECEMBER 31, 2001, RECEIVED AND FILED (330.50)
5. PLANS AND SPECIFICATIONS FOR MAJOR SEWER REPAIRS PROJECT
APPROVED; AND STAFF AUTHORIZED TO RECEIVE BIDS (CIP NO. 728)
(600.30)
6. STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS RECEIVED AND
FILED (440.10)
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PUBLIC HEARINGS:
1. RESOLUTION NO. 02-03-19-01 ADOPTED APPROVING ESTABLISHMENT OF
NUMERICAL LIMITS FOR 2003-2005; AND, RESOLUTION NO. 02-03-19-02
ADOPTED APPROVING RESIDENTIAL ALLOCATION SCHEDULE FOR
CALENDAR YEARS 2002-2005 (RESIDENTIAL GROWTH MANAGEMENT
PROGRAM) (440.50) (CONTINUED FROM FEBRUARY 19, 2002)
Project Description: At the City Council meeting of February 19, 2002, the City
Council conducted a public hearing to considerthe establishment of numerical limits
for calendar years 2003-2005 and the allocation of residential building permits for
calendar years 2002-2005. A number of issues were raised regarding the
establishment of the numerical limits and the relationship and consistency with the
City's adopted Housing Element. Staff has made adjustments to the numerical
limits, with specific understanding that if building activity does not match provisions
of the goals specified in the Housing Element that the numerical limits will have to
be increased to insure that proper opportunities are maintained.
Written Communications: Report dated March 19, 2002, from Thomas Tomlinson,
Director of Planning.
Oral Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff
recommendation.
Mayor Bathgate opened the public hearing.
Public Testimony:
Mark Nielsen, 31621 Via Quixote, supported the staff recommendation with regard
to numerical limits and suggested re-wording of language regarding adjustments to
the limits in the future.
Mayor Bathgate closed the public hearing.
Council Comments:
Council Member Hart inquired into the potential of the City being placed in jeopardy
with the State regarding the reduction of numerical limits.
Thomas Tomlinson, Director of Planning, stated that the recommendation made by
staff, if approved by the City Council, would continue to reinforce the Council's
commitment to the affordable housing project.
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Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to adopt RESOLUTION NO. 02-03-19-01
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO RECOMMENDING THE ESTABLISHMENT OF NUMERICAL
LIMITS FOR CALENDAR YEARS 2003 THROUGH 2005 (RESIDENTIAL
GROWTH MANAGEMENT PROGRAM)" FOR RESIDENTIAL BUILDING
PERMITS; and, RESOLUTION NO. 02-03-19-02 ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
RECOMMENDING CITY COUNCIL APPROVAL OF THE RESIDENTIAL
ALLOCATION SCHEDULE FOR CALENDAR YEARS 2002 THROUGH 2005
(RESIDENTIAL GROWTH MANAGEMENT PROGRAM)" FOR INDIVIDUAL
RESIDENTIAL SUBDIVISIONS.
RECESS AND RECONVENE
Council recessed at 7:32 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 7:45 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. IMPLEMENTATION OF A DESIGN INITIATIVE FOR THE CITY APPROVED
(410.30)
Descri tion: To ensure that proposed developments within the City result in quality
architecture, staff is proposing the implementation of a new design initiative which
would include adopting design principals, updating the City's existing Design
Guidelines, and develop a Design Partnership Program.
Written Communication: Report dated March 19, 2002, from Mechelle Lawrence,
Economic Development Manager.
Oral Communication: Mechelle Lawrence, Economic Development Manager,
reviewed the staff recommendation.
Council Comments:
Mayor Bathgate, as one of the participants in the two charrettes, felt it was very
productive and beneficial to update the City's design guidelines. She was
enthusiastic about the Design Partnership Program as the City has a need for a
process for large scale projects or projects with unique circumstances that have the
potential to have a big impact on the City.
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Mayor pro tem Gelff thanked the committee for an excellent job.
Council Action: Moved by Mayor pro tem Gelff, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to direct staff to implement a Design
Initiative for the City involving (1) the adoption of Design Principles, (2) updating
existing Design Guidelines, and (3) developing a Design Partnership Program.
H2. ENGINEERING AND BUILDING DIRECTOR
a. MIDYEAR CAPITAL IMPROVEMENT PROGRAM FOR 2001-2002 AS
PRESENTED IN ATTACHMENT 1 APPROVED (330.40)
Description: Staff has reviewed the approved 2001-2002 Capital Improvement
Program in light of actual revenues to midyear and project revenues to the end of
the fiscal year. Project changes based on increased costs, scheduled deferrals or
project additions as presented in Attachment 1 of the staff report are recommended
for approval.
Written Communication: Report dated March 19, 2002, from William M. Huber,
Director of Engineering & Building.
Oral Communication: William M. Huber, Director of Engineering and Building,
reviewed staff recommendation.
Council Comments:
Council Member Hart inquired about the time line for Project No. 101,the pedestrian
crossing at Camino Capistrano and Forster Street.
William M. Huber, Directorof Engineering and Building,stated the award of contract
would be considered at the next Council meeting.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 5-0, to approve the Midyear Capital Improvement
Program for 2001-2002 .
H3. PUBLIC WORKS DIRECTOR
a. PERSONAL SERVICES AGREEMENT APPROVED WITH JOHN MINCH &
ASSOCIATES FOR ARCHEOLOGICAL INVESTIGATION FOR THE STONE FIELD
RENOVATION PROJECT IN THE AMOUNT OF $35,840 (CIP NO. 470) (600.30)
Description: During grading and removal of existing soil for the Stone Field
Renovation Project, the old mission aqueduct, or Zanja was found. Staff is
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recommending enlisting the services of John Minch and Associates for
archeological monitoring, investigation and preparation of a final archeological
findings report on this early Mission infrastructure.
Written Communication: Report dated March 19, 2002, from Amy Amirani,
Director of Public Works.
Oral Communication: Amy Amirani, Director of Public Works, reviewed the staff
recommendation.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 5-0, to approve the Personal Services Agreement with
John Minch and Associates for archeological services at Stone Field; and Mayor
authorized to execute the agreement.
b. PERSONAL SERVICES AGREEMENT APPROVED WITH BUTIER
ENGINEERING, INC., FOR CONSTRUCTION MANAGEMENT OF THE SC-04
SOUTH CONNECTORS PIPELINE IN THE AMOUNT OF $490,745.96 (CIP NO.
794) (600.30)
Description: Staff solicited four proposals from engineering consultants to provide
construction management services for the SC-04 South Connector Pipeline I and
II project. Staff is recommending the firm of Butier Engineering, Inc.
Written Communication: Report dated March 19, 2002,from Amy Amirani, Director
of Pubic Works,
Oral Communication: Amy Amirani, Director of Public Works, reviewed the staff
recommendation.
Council Action: Moved by Council Member Swerdlin,seconded by Council Member
Hart and carried unanimously, 5-0, to approve the Personal Services Agreement
with Butier Engineering, Inc., for construction management services for the SC-04
South Connectors Pipeline I & II in the amount of $490,745.96; and Mayor
authorized to execute the agreement after all insurance and documentation has
been submitted.
H4. ADMINISTRATIVE SERVICES DIRECTOR
a. ADJUSTMENTS TO THE FISCAL YEAR 2001-2002 CITY OPERATING BUDGETS
APPROVED (330.20)
Description: Annually, staff reviews the financial operations of the City midway
through the fiscal year and makes recommendations as necessary to revise the -
original revenue and expenditure estimates to provide an updated financial picture
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for the balance of the current year's operations. Staff is proposing an increase of
1.9% in operating revenues and a 0.5% increase in total operating expenditures for
Fiscal Year 2001-2002.
Written Communications: Report dated March 19, 2002, from Cynthia L. Russell,
Administrative Services Director.
Oral Presentation: Cynthia L. Russell, Administrative Services Director, reviewed
the staff recommendation.
Council Actions: Moved by Mayor pro tem Gelff, seconded by Council Member Hart
and carried unanimously, 5-0, to approve proposed adjustments to the Fiscal Year
2001-2002 City Operating Budgets.
H5. PLANNING DIRECTOR
a. PARTIAL FEE WAIVER APPROVED FOR CAMP COOKIE FOR CHILDREN, INC.,
FOR PROPOSED RANCH ACTIVITY CENTER AND STABLE ON THE CITY'S
NORTHWEST OPEN SPACE PROPERTY SUBJECT TO CAMP COOKIE FOR
CHILDREN, INC., ABIDING BY THE REQUIREMENTS OF CITY COUNCIL
POLICY 014, NONPROFIT PUBLIC BENEFIT CORPORATIONS (390.30)
Description: Camp Cookie for Children, Inc., has requested that the City Council
approve a waiver of all city fees in the amount of $66,774.38 associated with the
development of their proposed permanent ranch activity center and stable to be
located on the City's Northwest Open Space property. This item was continued
from the Council meeting of March 5, 2002, to allow staff to compile additional
information. Staff is recommending a partial waiver in the amount of $21,277.
Written Communication: Report dated March 19, 2002, from Thomas Tomlinson,
Planning Director.
Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve a partial fee waiver for Camp
Cookie for Children, Inc., for development processing, plan checking, electrical,
mechanical, plumbing and building permit fees for the proposed ranch activity
center and stable on the City's Northwest Open Space property, subject to Camp
Cookie for Children, Inc., abiding by the requirements of City Council Policy 014,
Nonprofit Public Benefit Corporations.
ORDINANCES; None
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COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES:
Mayor pro tem GeI_ff
Library Advisory Board (950.20): President of the San Juan Capistrano Friends of
the Library will accompany Mayor pro tem Gelff to report to the Library Advisory
Board.
COUNCIL COMMENTS:
Mayor Bathgate announced the upcoming activities for the Fiesta de las Golondrinas.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8:11 p.m. to
a Regular meeting, Tuesday, April 2, 2002, in the City Council Chamber.
Respectfully submitted,
A ABET R. MONAHAN, CITY CLERK
-
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April 16, 2002
ATTEST:
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DIANE BATHGATE, MAYOR
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