98-0505_CC_Minutes_Regular MinutesMAY 5,1998
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in a Closed Session at 5:00 p.m. for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.9, the City Council met with its Legal Counsel
to review the status of a pending lawsuit: ARV Assisted Living v. City of San Juan
Capistrano.
2. Pursuant to Government Code Section 54957.6, the City Council met with its Labor
Negotiator (City Manager) with respect to the Classified and Management unions regarding
terms and conditions of employment.
3. Pursuant to Government Code Section 54956.9(c), the City Council conferred with its Legal
Counsel regarding one matter.
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY MEETING UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Steve Stafford, The Life Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tem
David M. Swerdlin, Council Member
Wyatt Hart, Council Member
ABSENT: Collene Campbell, Council Member
STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Cheryl
Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; Bill Ramsey, Senior
Planner; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works
Director; Al King, Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Gillian
E. Rampley, Recording Secretary.
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ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
The City Attorney advised there were no actions to report on any of the Closed Session items.
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
1. PROCLAMATION DESIGNATING SATURDAY, MAY 9, 1998 AS "FIRE
SERVICE RECOGNITION DAY" (610.40)
Written Communications:
Report dated May 5, 1998, from the City Clerk, forwarding the Proclamation.
Mayor Jones introduced Battalion Chief Mike Ahumada of the Orange County Fire Authority
and presented him with the City's Proclamation Designating Saturday, May 9, 1998 as "Fire
Service Recognition Day." Chief Ahumada accepted the Proclamation on behalf of Chief
Chip Prather and thanked the City for its support. He encouraged citizens to visit fire
stations in the City on Saturday.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Greiner introduced the following persons in attendance: Don Tryon,
Cultural Heritage Commission; Ed Johnson, Sheldon Cohen and Bill Sonka, Planning
Commission; Joanne De Guevara, Janice Palermo and Marie Buckner, Housing Advisory
Committee; and Al Simmons, Seniors Liaison to the City.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF
1. REQUEST FOR EXCEPTION TO VENDING PARKING REGULATIONS
5l 85.10)
Emad Hayek, 3301 S. Bear Street, #62F, Santa Ana, CA 92704, advised the Council that he
had held a vending license for the City of San Juan Capistrano for three years. He sold
merchandise from a van one day per week in the City. He had many regular customers with
whom he dealt directly. He noted that the customers came to his van to view new
merchandise. When he was in the City last week, he was told by police officers that he could
only park his van where the food vendor trucks park. However, he stated that he has
customers in many locations and cannot park in one place. He requested an exception to the
vendor parking regulations.
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' The City Manager advised that the City's vending ordinance is the result of a Settlement
Agreement reached following a lawsuit against the City by the vendors and is in fact a Court
Order which must be upheld as it stands. Any modifications would have to be approved by
ajudge. Staff was directed to meet with Mr. Hayek to discuss his situation.
CONSENT CALENDAR
It was moved by Council Member Greiner, and seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Greiner, Hart, Swerdlin and Mayor Jones
NOES: None
ABSENT: Council Member Campbell
MOTION TO READ ORDINANCES BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
APRIL 7, 1998
The Minutes of the Regular Meeting of April 7, 1998 were approved as submitted, with
Council Member Greiner abstaining due to his absence from the meeting.
3. RECEIVE AND FILE WARRANTS OF APRIL 23, 1998 (300.30)
The List of Demands dated April 23, 1998 in the total amount of $626,670.80 was ordered
received and filed.
4. REPORT OF INVESTMENTS - QUARTER ENDING MARCH 31, 1998 (350.3 0)
The Report of Investments for the Quarter ending March 31, 1998 from the City Treasurer
was ordered received and filed.
5. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
RECEIVE BIDS - CITY BRIDGE REPAIR (CIP 117) (600.30)
As set forth in the Report dated May 5, 1998 from the Director of Engineering and Building,
the plans and specifications to repair four City bridges over Trabuco Creek at Rancho Viejo
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Road and Del Obispo Street and over San Juan Creek at Camino Capistrano and La Novia
Avenue were approved and Staff was authorized to receive bids.
6. APPROVAL OF LICENSE AGREEMENT FOR USE OF PUBLIC PROPERTY
LOCATED ON CITY'S SOUTH OPEN SPACE (S.J.D. PARTNERS,
LTD/PACIFIC POINT) (600.30)
As set forth in the Report dated May 5, 1998 from the Public Works Director, the License
Agreement with SJD Partners Ltd. to allow access of the City's south open space for the
completion of grading and drainage improvements for Tentative Tract 14196 (Pacific Point)
was approved.
RATIFICATION OF AUTHORIZATION FOR EMERGENCY REPAIRS--
CAMINO CAPISTRANO 24 -INCH WATERLINE (DOTY BROTHERS
EQUIPMENT COMPANY) (1050.40)
As set forth in the Report dated May 5, 1998 from the Public Works Director, staffs
authorization for Doty Bros. Equipment Company to install emergency temporary pipeline
around the section of the Camino Capistrano Transmission Main damaged by earth
movement caused by erosion in Oso Creek from February storms, in the amount of $30,000,
was ratified.
APPROVAL OF ASSUMPTION OF MOBILE HOME GRANT AGREEMENT
(MACBETH)(430.80)
As set forth in the Report dated May 5, 1998 from the Planning Director, the assumption of
the Mobile Home Grant Agreement by Eleanor Macbeth allowing her to continue repayment
obligations as under the original grant agreement made to her mother, Ms. Hickman for the
remainder of the 2 -year grant period, or six months, was approved.
9. APPROVAL OF RESOLUTION ACCEPTING EASEMENTS FROM PRIVATE
PROPERTY OWNERS AND THE COMMUNITY REDEVELOPMENT AGENCY
FOR THE DOWNTOWN LIGHTING PROJECT (670.50)
As set forth in the Report dated May 5, 1998 from the Director of Engineering and Building,
the following resolution accepting 50 easements from private property owners and the
Community Redevelopment Agency for the Downtown Lighting Project was adopted:
RESOLUTION NO.98-5-5-1. ACCEPTING EASEMENTS - DOWNTOWN
LIGHTING PROJECT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ACCEPTING
EASEMENTS FOR DOWNTOWN LIGHTING PROJECT
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The City Clerk was directed to forward the easements to the Orange County Recorder's
Office.
The following item was removed from the Consent Calendar.
CONSIDERATION OF AWARD OF CONTRACT --SLURRY SEAL OF CITY
STREETS 1997-98 (CIP 104) (CALIFORNIA PAVEMENT MAINTENANCE
COMPANY, INC.) (600.30)
Written Communications:
(1) Report dated May 5, 1998, from the Engineering and Building Director,
recommending the bid for Slurry Seal of City Streets be awarded to the low
responsible Bidder, California Pavement Maintenance Company, in the amount of
$90,330.00.
(2) Memorandum dated April 30, 1998, from the Engineering and Building Director,
advising that the Public Works Department had been unable to complete the asphalt
repairs which were necessary before application of the slurry seal, and requesting
withdrawal of the item. The item will be rescheduled once the asphalt repairs are
complete.
Motion to Withdraw:
' It was moved by Council Member Hart, seconded by Council Member Swerdlin, and
unanimously carried to withdraw consideration of the award of the contract for the slurry seal
of City streets from consideration at the request of staff.
PUBLIC HEARINGS
None
RECESS AND RECONVENE
Council recessed at 7:12 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and Capistrano Valley Water District and reconvened at 7:14 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF REQUEST FROM THE VIETNAM VETERANS OF ORANGE
COUNTY FOR YEAR-ROUND DISPLAY OF THE POW -MIA FLAG (150.10)
Written Communications:
Report dated May 5, 1998, from the City Manager, advising that the Vietnam Veterans of
Orange County had requested that the City fly the POW/MIA Flag year-round at City Hall.
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Bob Kakuk, of Vietnam Veterans of Orange County, stated that it was an honor to fly the flag
and the Missing in Action should never be forgotten. He noted that there were still more
than 89,000 unaccounted for from the last three major wars.
Approval to Fl} Flag Year -Round:
It was moved by Council Member Swerdlin, seconded by Council Member Hart, and carried
unanimously to approve the year-round flying of the POW/MIA Flag at City Hall. Mr.
Kakuk presented the City with the Flag and expressed his appreciation for the City joining
18 other cities in Orange County who had voted to fly the flag on a daily basis and budget
for the repair or replacement of the flag as needed.
2. APPROVAL OF ORTEGA HIGHWAY MITIGATION AD HOC COMMITTEE
RECOMMENDATION FOR SOUND -RATED WINDOW PROGRAM
IMPLEMENTATION (800.20)
Written Communication:
Report dated May 5, 1998 from the Senior Management Analyst forwarding the Ortega
Highway Mitigation Program Ad Hoc Committee's recommendation for implementation of
a sound -rated window program. The program provided that all residential dwellings that
were "first -in" from the Ortega Highway be considered for an interior sound study; that those
property owners agreeing to have interior acoustical measurement made would be studied;
that those units measured which meet or exceed 45 d(B)A Community Noise Equivalent
Level qualify for mitigation funds, which would be distributed by a pre-set formula. The
Report also noted that the funds should be capped at $9,000. Eligible sound attenuation
measures included, but were not limited to, windows, block walls, landscaping, air
conditioning and permit fees. The Committee recommended that all receipts for such
measures be required before funds were disbursed and further recommended that it should
reconvene in 1999 to review Fiscal Year 99/00 fund disbursement.
Douglas Dumhart reiterated the Committee's recommendation, noting that the prior study,
done a year ago, had not measured interior noise problems in residences adjacent to Ortega
Highway. The Ad Hoc Committee, therefore, had recommended that interior noise studies
be done before any assistance was distributed. He noted that, because only one year of
funding was guaranteed, the Committee had recommended that only funds for Fiscal Year
1998/99 be used.
Public Comment:
(1) Don Campion, 31022 Via Solana, expressed his appreciation at the information
brought forward by the Committee. He further recommended imposition of curfew
restricting the movement of heavy trucks on Ortega Highway at certain hours, noting
that empty trash/cement trucks hitting rough surface at 4:30 a.m. make a great noise.
He stated that block walls would be an effective sound barrier and he was glad to see
they were included in the study.
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' George Scarborough, City Manager, advised that Ortega Highway is a State highway;
the City has no control over it and cannot impose restrictions. However, he advised
that resurfacing of portions of the Highway was scheduled to begin on May 15, 1998
and a smoother surface should reduce noise.
(2) Gerald Hahn, 31032 Via Solana, asked if "first -in" homes referred to only the first
home on each street, noting that he lived on a cul-de-sac where more than one home
was adjacent to Ortega Highway. Mr. Dumhart advised that any home which was
actually adjacent to the Highway was eligible for study. He further advised that no
studies would take place until after the road resurfacing had been completed, as the
slowing of traffic during that work would create artificially low noise levels.
Approval of Sound -Rated Window Program:
It was moved by Council Member Greiner, seconded by Council Member Hart, and carried
unanimously to approve the recommendation from the Ortega Highway Ad Hoc Committee
for implementation of a sound -rated window program.
ENGINEERING AND BUILDING DIRECTOR
1. APPROVING THE SUBMITTAL OF FOUR IMPROVEMENT PROJECTS TO
THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FDR
FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING
' PROGRAM (CTFP) (940.20)
Written Communication:
Report dated May 5, 1998 from the Engineering and Building Director advising that the
Orange County Transportation Authority had issued a call for projects for the Arterial
Highway Rehabilitation Program. Staff had recommended four projects which would best
meet the criteria for the program and the needs of the City. The projects identified were: (1)
Ortega Highway, Del Obispo Street to I-5; (2) Del Obispo Street, Alipaz Street to Camino
Capistrano; (3) Camino Capistrano, Del Obispo Street to San Juan Creek Bridge; and (4)
Rancho Viejo Road, Junipero Sena Road to Golf Club Drive.
Mr. Huber gave an oral presentation in which he noted that all four locations were in need
of pavement repair and rehabilitation. However, he advised that it was unlikely that all four
would be funded, probably only two. He noted that the program provided a 50% match with
City funds which, with the two highest ranking projects estimated to cost $200,000, meant
that the City would only have to provide $100,000.
Approval of Project Submittal:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
following resolution for submittal of four projects to the Orange County Transportation
Authority for funding under the Combined Transportation Funding Program be adopted:
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RESOLUTIONNO.98-5-5-2, APPROVING SUBMITTAL OF PROJECTS
TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY -
COMBINED TRANSPORTATION FUNDING PROGRAM - A
RESOLUTION OF THE SAN JUAN CAPISTRANO CITY COUNCIL
APPROVING THE SUBMITTAL OF FOUR IMPROVEMENT PROJECTS
TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING
PROGRAM
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart and Mayor Jones
NOES: None
ABSENT: Council Member Campbell
PUBLIC WORKS DIRECTOR
AWARD OF BID FOR ORTEGA HIGHWAY SIDEWALK CONSTRUCTION
(OLIVER MAHON) (600.30)
Written Communications:
Report dated May 5, 1998 from the Public Works Director advising that there was currently
an incomplete segment of sidewalk on the north side of Ortega Highway, easterly from La
Novia Avenue for approximately 550 feet. Caltrans is to begin overlaying Ortega Highway
east of the I-5 freeway, which could possibly cause more problems for pedestrians along that
stretch of highway. It was recommended that bids for sidewalk construction for that portion
be accepted and the contract awarded to the lowest qualified bidder.
Amy Amirani, Public Works Director, gave an oral presentation and advised that it would
be preferable to complete the sidewalk before the Caltrans resurfacing project began. She
recommended that the lowest qualified bid be accepted in the amount of $266,089.75 from
Oliver Mahon.
Award of Contract:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner, and
carried unanimously, to award the bid for Ortega Highway Sidewalk Construction to Oliver
Mahon in the amount of $266,089.75.
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COMMUNITY SERVICES DIRECTOR
' 1. APPROVAL OF PROPOSED COMMUNITY SERVICES DEPARTMENT
OPERATIONS PLAN INCORPORATING THE NEW COMMUNITY CENTER
1100.30)
Written Communication:
Report dated May 5, 1998 from the Community Services Director outlining the proposed
Community Services operations plan which identified the relocation of many programs and
services to the new Community Center facility. In preparing the Report, the Community
Services Department took into consideration items such as which programs would benefit
most from being centralized into one facility location, programs which could remain at their
current location, programs which have outgrown their current facilities and how best to
improve customer service.
Recommendations included: (1) key functions and services such as public reception, program
registration and public information be relocated from the Old Fire Station to the new Center,
to be cost effective and also improve customer service; (2) all Senior Citizen programs be
relocated from the Dance Hall and Old Fire Station sites to the new Center; and (3) the
majority of community facility rentals remain at their existing locations at the Old Fire
Station, La Sala Auditorium or Dance Hall locations. The Report noted that it would be
important to retain use of existing facilities in order to meet the community's need for
' meeting and rental space.
Approval of Operations Plan:
It was moved by Council Member Greiner, seconded by Council Member Hart, and carried
unanimously, that the proposed Community Services operations plan which identified the
relocation of many programs and services to the new Community Center facility be
approved.
ADMINISTRATIVE SERVICES DIRECTOR
CONSIDERATION OF BID FOR LIBRARY SURVEILLANCE SYSTEM (WELLS
FARGO ALARM) (370.30)
Written Communication:
Report dated May 5,1998 from the Administrative Services Director advising that, following
the direction of City Council to recommend equipment acquisition to provide video
surveillance for the Orange County Regional Library and allocate funds from the Local Law
Enforcement Block Grant fund, staff competitively bid the project. Based on the proposals
received, the most responsive and responsible proposal was submitted by Wells Fargo Alarm
Services, to provide video surveillance to supplement the Library's existing intrusion alarm
and motion detection system at a cost of 510,176. The on-going maintenance would cost
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$780 annually. The acquisition cost exceeded the allocated funds by $176.00 and staff
recommended those additional costs also be paid from the Local Law Enforcement Block
Grant fund.
Award of Bid:
It was moved by Council Member Greiner, seconded by Council Member Hart, and
unanimously carried, to award the bid for installation of Library Surveillance Equipment to
Wells Fargo Alarm Services at a cost of $10,176. An additional appropriation of $176 was
authorized to Account 01-65500-4210 to cover the excess cost of acquisition and transfers
were increased from the Local Law Enforcement Block Grant fund to the General Fund
Account 01-4936 by $176 to fund the costs.
PLANNING DIRECTOR
AUTHORIZATION FOR ADMINISTRATIVE APPROVAL TO MODIFY C.
RUSSELL COOK PARK STABLE IMPROVEMENT PLAN (MISSION TRAIL
STABLE) (920.40/930.40)
AApnlicant:
Betty Valenzuela, 26501 Calle San Francisco, San Juan Capistrano, CA 92675
Property Owner:
City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Written Communication:
Report dated May 5, 1998 from the Planning Director recommending that administrative
approval authority be granted to the Planning Director to modify the C. Russell Cook Park
Stable Improvement Plan consistent with the provisions of Interim Urgency Ordinance No.
811. The Report noted that the applicant, Betty Valenzuela, operator of Mission Trails
Stables, had requested permission to increase the number of stalls from 100 to 140,
consistent with the provisions of Interim Urgency Ordinance No. 811.
Granting Administrative Approval:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and carried
unanimously to grant administrative approval authority to the Planning Director to modify
the C. Russell Cook Park Stable Improvement Plan consistent with the provisions of Interim
Urgency Ordinance No. 811, subject to findings that all provisions of the Municipal Code
regarding the locations, size and support facilities to accommodate additional horses are met.
ORDINANCES
None
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COUNCILMANIC ITEMS
' I . ORAL REPORTS OF OUTSIDE AGENCIES
a. San Juan Basin Authority (1050.60)
0
Mayor Jones advised that a meeting will be held with Mr. Anton, from the State
Water Resources Control Board, regarding the water rights application.
b. Orange County Joint Fire Authority (540.80)
Council Member Greiner advised that he would be conducting the Administration
and Personnel Committee meeting on May 7, 1998.
C. Joint Powers Insurance Authority (170.30)
Council Member Swerdlin noted that he would make available a new book on sexual
harassment.
3. COUNCIL COMMENTS - None
ADDITIONAL ITEM
1. APPROVAL OF REQUEST FOR EXCEPTION TO BANNER REGULATIONS -
CHILI COOK -OFF (410.40)
Written Communications:
(1) Memorandum from Thomas Tomlinson, Planning Director, advising that when the
proposed text of the Camp Cookie Chili Cook -Off Banner was reviewed, it was
found that 7.68 square feet of the banner had been devoted to logos and sponsors
when the maximum requirement is 5.4 square foot. He further advised that staff had
delayed returning the banner to the applicant for corrections pending a four/fifths
vote of the City Council to consider waiving the requirement for this one banner and
City Council approval of the exception.
(2) Memorandum from George Scarborough, City Manager, attaching Mr. Tomlinson's
Memorandum and advising that if the City Council wishes to consider and grant the
exception, it must add this item to the Agenda for May 5, 1998 by a four-fifths vote.
Finding for Consideration of Off-Aeenda Item:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried to find that the item had been unavailable prior to publication of the
agenda and consideration was necessary at this time
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George Scarborough made an oral presentation and advised that a request had been received
from the organizers of the Chili Cook -Off event for an exception to the square footage
requirements of the banner regulations because the banner supplied exceeds the City policy
limit for advertisers' space. The sign was to have been erected on May 4, 1998.
Council Comments:
Council Member Hart, while agreeing that this exception could be allowed this time for a
good cause, wanted a letter sent to the organizers stressing that any such applications should
be made in a more timely manner.
Approval of Banner Exception:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and carried
unanimously, that the request for an exception to the banner regulations for the Chili Cook -
Off Event be approved.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:40 p.m. to the
the next regular meeting date of Tuesday, May 19, 1998, at 5:30 p.m., in the City Council Chambers.
Respectfully submitted,
CHERYL JOHIMOWCITY CLERK
ATTEST: V�
I1, JO MAYOR
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