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98-0707_CC_Minutes_Regular Meeting227 JULY 7,1998 ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) Pursuant to Government Code Section 549957.6, the City Council conferred with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Management and Classified Employees) 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 Reverend James Tracy, Gateway Community Church. ROLL CALL: PRESENT: Gil Jones, Mayor David M. Swerdlin, Council Member Wyatt Hart, Council Member ' Collene Campbell, Council Member ABSENT: John Greiner, Mayor pro tem STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Jennifer Murray, Assistant City Manager; Chery? Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Lt. Paul Sullivan, Chief of Police Services; Al King, Community Services Director; Gillian E. Rampley, Recording Secretary. DEDICATION OF MEETING: Mayor Jones dedicated the Meeting to Mayor pro tem Greiner who was absent due to the death of his daughter. It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and unanimously carried that a letter be sent to Mr. and Mrs. Greiner on behalf of the City Council and the audience in attendance at the meeting expressing condolences. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY I Mayor Jones noted that there were no actions to report on the Closed Session item. City Council Minutes -1- 7/7/98 228 INTRODUCTIONS, PRESENTATIONS AND DONATIONS Mayor Jones recognized members of Boy Scout Troop 973 who were present at the meeting. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Hart introduced the following persons in attendance: Sheldon Cohen and Ed Johnson, Planning Commission; Bill Hardy, Jan Siegel, Don Tryon and Dave Belardes, Cultural Heritage Commission; Mary Rose Winkler, Joanne de Guevara, Marie Buckner, Janice Palermo and Jessica Dean, Housing Advisory Committee; Mike Rosenberger, Transportation Commission; Ilse Byrnes, Parks, Recreation and Equestrian Commission; Jack Chestek, Water Advisory Commission; and Al Simmons, Seniors Liaison to the City. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF CALIFORNIA CHILD/YOUTH FAMILY COALITION (CSP GANG PREVENTION) (150.60) Doug Shauer, with the CSP Gang Prevention Program, introduced Ernest Love, a member of the program who spoke about his experiences at a leadership conference in San Diego. He attended sessions on cultural diversity which taught how to be a role model for younger children and how to assist in building a strong community made up of many backgrounds. 2. COUNCIL MEMBER GREINER Sheldon Cohen, a member of the Planning Commission, expressed sympathy to the Greiner family and suggested some type of memorial be sent. Mayor Jones advised that the City had already begun such an action. 3. HOME DEPOT (420.10) The following persons spoke in opposition to the proposed Home Depot project and the recent solicitation of support for the project in their mobile home park: (1) Bobbie Decker, 26000 Avenida Aeropuerto, advised that a solicitation of support for the project had been conducted in the mobile home park by persons who did not identify themselves and who indicated that City representatives had given permission for their action. She stated that residents had been misled into signing cards of support and advised the Council that any cards of support coming to the City were illegal and the signatures had been illegally obtained. (2) Jack Heath, 26000 Avenida Aeropuerto, noted the recent happenings in the mobile home park and indicated that it was the first evidence of a different proposal. He read a prepared statement from the mobile home park residents stating emphatic City Council Minutes -2- 7/7/98 229 opposition to a Home Depot on the property adjacent to their park and indicating ' their intention to work with the City to create a better answer for the parcel, which would produce attractive revenue for the City, eliminate an economic threat to the City's merchants, and gain support from the community. (3) Jean Heath, 26000 Avenida Aeropuerto, stated that residents felt harassed by the Home Depot solicitors and stated that solicitors were not allowed in the park. She asked whether the City had given permission for such actions and was advised by the City Manager that no member of the Council or City staff could give permission for any such solicitation activity to take place on private property. Council Member Campbell and City Manager Scarborough emphasized that no revised application from Home Depot had been presented to the City Council and that the parcel in question is now under the application processing moratorium. The City Manager further emphasized there was no on-going dialog; that neither Mayor Jones nor Council Member Campbell had ever met with Home Depot representatives; and, that the City Council had terminated negotiations two months ago, indicating there would be no support for the project without support from the mobile home park. Council Member Hart added that the City Council was supportive of residents' concerns and those concerns had been relayed to the developer. The developer knew that to get support from the City Council, they would first need to have the support of the residents. ' CONSENT CALENDAR It was moved by Council Member Hart, 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 Hart, Swerdlin, Campbell and Mayor Jones NOES: None ABSENT: Council Member Greiner MOTION TO READ ORDINANCES BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 2,_ 1998 The Minutes of the Regular Meeting of June 2, 1998 were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF JUNE 18, 1998 (300.30) ' The List of Demands dated June 18, 1998 in the total amount of $692,767.37 was ordered received and filed. City Council Minutes -3- 7/7/98 230 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MARCH 1998 (330 50) The Report of Cash Balances by Fund for the month ending May 31, 1998 was ordered received and filed. RECEIVE AND FILE REPORT OF INVESTMENTS - MONTH ENDING MAY 31, 1998 (350,30) The Report of Investments for the month ending May 31, 1998 was ordered received and filed. 6. ADOPTION OF RESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT - CAMINO CAPISTRANO AND AVENIDA PADRE TRAFFIC SIGNAL INSTALLATION (CIP NO. 115) (DBX, INC.) (600.30) As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the following resolution was adopted declaring work for the Capital Improvement Project, Camino Capistrano and Avenida Padre Traffic Signal Installation to be complete: RESOLUTION NO. 98-7-7-1, COMPLETION OF TRAFFIC SIGNAL INSTALLATION - CAMINO CAPISTRANO AND AVENIDA PADRE - DBX INC. - 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 CAMINO CAPISTRANO AND AVENIDA PADRE TRAFFIC SIGNAL INSTALLATION (DBX, INC.) The Resolution accepted the work as complete in the amount of $102,572.35 and directed the City Clerk to forward a Notice of Completion to the County Recorder. ADOPTION OF RESOLUTION ACCEPTING EASEMENTS FROM PAT LESTER FOR THE DOWNTOWN LIGHTING PROJECT (670.50) As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the following Resolution was adopted accepting two easements from Pat Lester for poles #4 and #6 in conjunction with the downtown lighting project: RESOLUTION NO. 98-7-7-2, ACCEPTING EASEMENTS FOR DOWNTOWN LIGHTING PROJECT (LESTER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR THE DOWNTOWN LIGHTING PROJECT FROM PAT LESTER The City Clerk was authorized to forward the easement to the Orange County Recorder for recordation. City Council Minutes -4- 7/7/98 231 8. APPROVAL OF LICENSE AGREEMENT FOR IMPROVEMENTS IN THE ' PUBLIC RIGHT-OF-WAY RELATING TO ENTRY GATE ON MALASPINA ROAD (TRACT 9184 MALASPINA HOMEOWNERS ASSOCIATION) (600.30) As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the Mayor and City Clerk were authorized to execute the License Agreement between the Malaspina Homeowners Association and the City for installation of an entry gate and related facilities on the public portion of Malaspina Road. The City Clerk was authorized to forward the Agreement to the Orange County Recorder for Recordation. 9. APPROVAL OF AGREEMENT FOR SLOPE DISPLACEMENT WARRANTY PROGRAM -TRACTS 13866 AND 13437 (TAYLOR WOODROW HOMES AND WARMINGTON SAN JUAN HILLS, L.P.) (600.30) As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the "Agreement Establishing Slope Displacement Warranty Program" for Tracts 13866 and 13437 was approved and the City Clerk was authorized to forward the Agreement to the Orange County Recorder for recordation. 10. AWARD OF DESIGN SERVICES CONTRACT, SAN JUAN CAPISTRANO TRAFFIC MODEL (AUSTIN-FOUST ASSOCIATES INC.)(CIP NO. 127) (600.30 ) As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the Agreement to develop the San Juan Capistrano Traffic Model was approved with Austin - Foust Associates, Inc. in the amount of $56,600. 11. APPROVAL OF AMENDED FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT TRACT 14379 PEPPERWOOD ESTATES (SAN JUAN ENCLAVE. LLC) (600.30) As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the Amended Final Map and Subdivision Improvement Agreement, Tract 14379, Pepperwood Estates was approved and the City Engineer and City Clerk were authorized to execute the Amended Final Map. The Mayor and City Clerk were authorized to execute the Amended Subdivision Improvement Agreement and accept the corresponding securities. The City Clerk was directed to forward the Amended Map and Amended Subdivision Improvement Agreement to the County Recorder for recordation. 12. ADOPTION OF RESOLUTION SETTING A DATE AND TIME FOR A PUBLIC HEARING REGARDING SALE OF A PORTION OF THE HELICOPTER HILL PARK SITE (WITT) (600.361) As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, ' the following Resolution setting a Public Hearing for August 4,1998, regarding the proposed City Council Minutes -5- 7/7/98 232 sale of 2,160 square feet of unimproved land in the Helicopter Hill Park Site/Open Space area to Dr. Theodore Witt for the sum of $14,990 was adopted: RESOLUTION NO. 98-7-7-3, SETTING PUBLIC HEARING FOR SALE OF PROPERTY - PORTION OF HELICOPTER HILL PARK SITE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE SALE OF 2,160 -SQUARE - FEET OF THE HELICOPTER HILL PARK SITE/OPEN SPACE (LOT B, TRACT 12954) TO DR. THEODORE WITT, OWNER OF LOT 103, TRACT 12954 13. ACCEPTANCE OF PUBLIC WATER FACILITIES LOCATED AT 33395 CAMINO CAPISTRANO, PARCEL 2, PM 85-306 (TOYOTA AUTO DEALERSHIP) (600.30) As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the public water improvements located at 33395 Camino Capistrano were accepted for dedication to the Capistrano Valley Water District. The release of corresponding water improvement sureties was authorized and the City Clerk was authorized to file the Notice of Completion with the Orange County Recorder. 14. APPROVAL OF AMENDATORY AGREEMENT -CITY WEED AND THISTLE ABATEMENT/CONTROL (STEWART AND ASSOCIATES) (600.30) As set forth in the Report dated July 7, 1998 from the Director of Public Works, the Amendatory Agreement for City Weed and Thistle Abatement/Control with Stewart and Associates reducing the level of auto liability insurance required by the agreement to $500,000 combined single limit was approved. 15. APPROVAL OF REFERRAL TO THE EQUESTRIAN FACILITY SUBCOMMITTEE UNSOLICITED OFFERS TO DEVELOP AN EQUESTRIAN STABLE OPERATION ON THE CITY'S NORTHWEST OPEN SPACE (930.401 As set forth in the Report dated July 7, 1998 from the City Manager, the unsolicited offers received from Jerry Harris of Elite Equestrian Services, and from Douglas Dunlap, to develop an Equestrian Stable Operation on the Northwest Open Space were referred to the Equestrian Facility Subcommittee for review. The Subcommittee was also requested to generate a recommendation on addressing future unsolicited offers. With the consensus of Council, Mayor Jones directed that the following item be withdrawn from consideration at the request of Caltrans: City Council Minutes -6- 7/7/98 233 ' WITHDRAWAL OF STATE HIGHWAY PLANTING MAINTENANCE AGREEMENT - ORTEGA HIGHWAY WIDENING 1-5 NORTHBOUND RAMPS TO RANCHO VIEJO ROAD (DEPARTMENT OF TRANSPORTATION) (600.501 Written Communications: (1) Report dated July 7, 1998, from the Engineering and Building Director, recommending approval of an Agreement with the Department of Transportation providing that the City will maintain landscaping installed in conjunction with the widening of Ortega Highway from the I-5 northbound ramps to Rancho Viejo Road. (2) Memorandum dated July 1, 1998, from the Engineering and Building Director, advising that the local Caltrans office had requested the item be withdrawn from consideration to allow time to complete a formal review of the agreement. The following items were removed from the Consent Calendar at the request of Mayor Jones, who cited a potential conflict of interest due to the proximity of his residence/business to the items under consideration and turned the meeting over to Council Member Hart. APPROVAL OF LICENSE AGREEMENT FOR EXTENSION OF PASEO ADELANTO DEL OBISPO STREET TO RAMOS STREET (CIP NO. 137) (JONES) (600.30) It was moved by Council Member Hart, seconded by Council Member Swerdlin and carried with Council Member Greiner absent and Mayor Jones abstaining, to approve the License Agreement from Mr. and Mrs. Jones for work associated with the Extension of Paseo Adelanto, Del Obispo Street to Ramos Street, as set forth in the Report dated July 7, 1998 from the Director of Engineering and Building. The Mayor pro tem was authorized to sign the Agreement on behalf of the City. The City Clerk was authorized to forward the document to the Orange County Recorder for recordation. APPROVAL OF PLANS AND SPECIFICATIONS AUTHORIZATION TO RECEIVE BIDS AND AUTHORIZATION TO PURCHASE STREET LIGHTS - PASEO ADELANTO EXTENSION DEL OBISPO STREET TO RAMOS STREET (CIP NO. 137 (6L 00.30) It was moved by Council Member Hart, seconded by Council Member Swerdlin and carried with Council Member Greiner absent and Mayor Jones abstaining, to approve the plans and specifications for Paseo Adelanto Extension from Del Obispo Street to Ramos Street and to authorize staff to receive bids, as set forth in the Report dated July 7, 1998 from the Director of Engineering and Building. Substitution of a standard concrete sidewalk in lieu of pavers was approved to reduce construction costs. The purchase of street lights was exempted from the formal bid process and staff was authorized to purchase street lights for this project. Staff was further directed to return at the time of award of contract to consider any necessary budget amendments. City Council Minutes -7- 7/7/98 234 PUBLIC HEARINGS APPROVAL OF AMENDMENT TO THE MUNICIPAL CODE, ADDING SECTION 9-3.411(b)(7), ENTITLED "MASSAGE THERAPY" AS A CONDITIONAL USE - (NATURAL ALTERNATIVES) (420.30) Proposal: Consideration of an Amendment to the Municipal Code, adding Section 9-3.411(b)(7), which would allow massage therapy and accessory massage as a conditional use in the Tourist Commercial District. AApnlicant: Natural Alternatives, 31751 Camino Capistrano, Suite 8, San Juan Capistrano. Written Communications: Report dated July 7, 1998 from the Planning Director providing background information and recommending approval of the proposed amendment. The applicant had requested that therapeutic massage procedures be allowed at their skin care/day spa facility located in the Tourist Commercial District. Thomas Tomlinson, Planning Director, made an oral presentation advising that the proposed amendment would allow massage therapy uses in the CT District in beauty salons, skin care facilities and similar businesses that have procedures that fall under the massage therapy definition. Mr. Tomlinson pointed out that strict licensing and certification procedures were required. In the current application, the business was an existing facility providing skin care/day spa activities. He noted that the Planning Commission had reviewed the application and recommended the introduction of the proposed Ordinance. Public Hearine: Notice having been given as required by law, Mayor Jones opened the Public Hearing and the following person responded: (1) Christine V. Gilleran, owner, Natural Alternatives, 31751 Camino Capistrano, Ste 8, spoke in support of the amendment, noting their business needed to offer massage therapy in order to consider themselves a full-service day spa. She indicated that their clients had expressed interest in receiving massage therapy. There being no further response, the Public Hearing was declared closed. Introduction of Ordinance Amending the Municipal Code The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Hart, seconded by Council Member Campbell, that the following Ordinance be introduced: City Council Minutes -8- 7/7/98 AN AMENDMENT TO TITLE 9 CHAPTER 3 ARTICLE 4, SECTION 9- ' 3 411(d) OF THE MUNICIPAL CODE REGARDING ADDING ACCESSORY MASSAGE AND MASSAGE THERAPY AS CONDITIONAL USE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING SECTION 9-3.411(d), BY ADDING SUBSECTION (7) TO SAID SECTION OF THE MUNICIPAL CODE PERMITTING ACCESSORY MASSAGE AND MASSAGE THERAPY TO THE CT (TOURIST COMMERCIAL) DISTRICT AS A CONDITIONAL USE �I The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones NOES: None ABSENT: Council Member Greiner APPROVAL OF EXTENSION OF INTERIM ORDINANCE NO. 815, CONTINUATION OF A MORATORIUM ON PROCESSING OF CERTAIN LAND USE APPLICATIONS FOR SPECIFIC USES WITHIN THE CT (TOURIST COMMERCIAL) AND CG (GENERAL COMMERCIAL DISTRICTS (CITY OF SAN JUAN CAPISTRANO) (4.0.30) Proposal: Consideration of an extension of Interim Ordinance No. 815, which established a moratorium on the processing of certain land use applications for specific uses within the CT (Tourist Commercial) and CG (General Commercial) districts in the City. Written Communication: Report dated July 7, 1998 from the Planning Director advising that on June 2, 1998, the City Council had adopted Interim Ordinance No. 815, initiating the planning study process to review the appropriateness of a number of uses that are currently or conditionally permitted in the central commercial core. The report recommended the moratorium be extended for an additional 10 months and 15 days to allow the study to be completed. Mr. Tomlinson, Planning Director, made an oral presentation, noting that one of the items included in the moratorium was gasoline stations with mini -marts. He advised that the City had received inquiries from gasoline service stations wishing to convert to gasoline stations with mini -marts. The moratorium would allow for a review of the cumulative impacts of this type of use. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing. The following persons responded: City Council Minutes -9- 7/7/98 235 236 Gerald E. Buck, 25200 La Paz Road, Laguna Hills. Mr. Buck advised that he and his wife were owners of the site of the Chevron station at the southwest corner of Camino Capistrano and Del Obispo. He spoke on behalf of his tenant, Chevron. The station had submitted an application to remodel, wanting to convert the lubrication and mechanical bays to food service. He noted that the rebuilding of the existing station would not increase traffic and would enhance the site. He respectfully requested that the Chevron application be exempted from the moratorium as the proposed changes were not a threat to the safety, health or welfare of the community. 2. Leslie R. Bilbrow, Chevron Products Co., 1300 S. Beach Boulevard, La Habra stated that the staff report seemed to focus on the increased traffic and the image represented by gasoline stations with mini -marts in the Commercial Tourist and General Commercial Districts, reflecting a fear that there might be an over - concentration of similar uses. However, Chevron had found that no other applications for mini -marts had been received by the City and were therefore concerned that the moratorium was directed specifically at Chevron. She emphasized that their proposal would be a beautification project and would be consistent with current themes in the City. She also advised that the company had to meet the Federal Underground Storage Tank Regulations deadline of December 22, 1998. If the moratorium were enacted and the project could not go forward, they would have to spend $100,000 to meet that deadline; they felt that money could be better spent addressing City concerns relating to the entire project. She stated that the change from service bay use to food service often leads to less traffic at the site and to allow Chevron to improve might encourage other businesses to also upgrade. There being no further response, the Public Hearing was declared closed. Council Comments: Council Members Swerdlin and Hart both stated support for the staff recommendation. Mayor Jones stated that Ms. Bilbrow had made some good comments about the Chevron station, which he felt did need to be rehabilitated. He would welcome the removal of the service bays. He also noted the company's need to meet the tank removal deadline and would like to explore possibly exempting the company from the moratorium. Mr. Shaw, City Attorney, advised that as Chevron had filed their application prior to the Ordinance, it could be possible to arrange an exemption. The City Manager suggested that the Ordinance be adopted and staff could be directed to come back with a further evaluation of exempting this particular service station. Extension of Interim Ordinance No. 815: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Extension of Interim Urgency Ordinance No. 815 be adopted: City Council Minutes -10- 7/7/98 237 URGENCY ORDINANCE �NO. EXTENDING INTERIM URGENCY ' ORDINANCE NO. 815 WHICH ESTABLISHED A MORATORIUM ON PROCESSING OF DEVELOPMENT APPLICATIONS - TOURIST COMMERCIAL (CT) AND GENERAL COMMERCIAL (CG) DISTRICTS (URGENCY) - AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 815, ESTABLISHING A MORATORIUM ON THE PROCESSING OF CERTAIN LAND USE APPLICATIONS FOR GASOLINE STATIONS WITH MINI -MARTS, CONVENIENCE STORES, POOL HALLS OR BILLIARD CENTERS, COSMETOLOGY (BARBER & BEAUTY) SCHOOLS, PAWN SHOPS, CHECK CASHING SERVICES, AUTO PARTS AND SUPPLY, OFF-SITE PREMISE SALES OF ALCOHOL, BINGO PARLORS AND MORTUARIES LOCATED IN THE CT (TOURIST COMMERCIAL) AND CG (GENERAL COMMERCIAL) DISTRICTS, ADOPTED IN CONFORMANCE WITH CALIFORNIA GOVERNMENT CODE, SECTION 65858(a) TO ALLOW A PLANNING STUDY TO EVALUATE THE IMPACTS OF SAID LAND USES ON THE COMMUNITY BASED UPON THE FINDINGS THAT SUCH A MORATORIUM IS NECESSARY TO RESPOND TO AN IMMEDIATE THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE (URGENCY) ' The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones NOES: None ABSENT: Council Member Greiner 3. APPROVAL OF RESOLUTION OF ADOPTION OF FISCAL YEAR BUDGET BEGINNING JULY 1 1998 AND ENDING JUNE 30, 1999 (330.20) (CONTINUED FROM JUNE 16, 1998) Proposal: Continued discussion and adoption of the proposed Fiscal Year 1998-99 Operating Budget. Written Communication: Report dated July 7, 1998 from the Administrative Services Director advising that the proposed Fiscal Year 1998-99 General Fund Operating Budget projected a surplus of approximately $62,000 and General Fund Reserves were anticipated to be $2,521,048. Reserve levels were recommended to be maintained to provide for any unforeseen contingencies. ' Ms. Pendleton, Administrative Services Director, made an oral presentation in which she noted that revenues would increase by 2.7 percent and new programs included traffic City Council Minutes -11- 7/7/98 238 controller replacements, the Los Rios Precise Plan update and the grand opening for the Community Center. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing. There being no response, the Public Hearing was declared closed. Adoption of Budget: It was moved by Council Member Swerdlin, seconded by Council Member Hart that the following Resolution adopting Fiscal Year 1998-99 Operating Budget and authorizing expenditures of $15,608,815 be approved: RESOLUTION NO. 98-7-7-4, ADOPTING FISCAL YEAR 1998-99 OPERATING BUDGET - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE PROPOSED FISCAL YEAR 1998-99 OPERATING BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones NOES: None ABSENT: Council Member Greiner APPROVAL OF RESOLUTION OF ADOPTION OF CAPITAL IMPROVEMENT BUDGET FOR THE SEVEN YEARS BEGINNING JULY 1, 1998 AND ENDING JUNE 30, 2005 (330.40) (CONTINUED FROM JUNE 16, 1998) Proposal: Continued discussion and adoption of the proposed 1998-2005 Capital Improvement Program. Written Communication: Report dated July 7, 1998 from the Director of Engineering and Building summarizing the seven-year program and highlighting a few of the projects included in the 1998-99 CIP that are of special interest or concern in the community. Mr. Huber, Director of Engineering and Building, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, he declared the Public Hearing closed. City Council Minutes -12- 7/7/98 239 Adoption of Budget: ' It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Resolution approving the 1998-2005 City Seven -Year Capital Improvement Program and authorizing expenditures be adopted: RESOLUTION NO. 98-7-7-5 ADOPTING THE 1998-2005 CAPITAL IMPROVEMENT PROGRAM AND AUTHORIZING EXPENDITURES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED TO THE 1998-2005 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones NOES: None ABSENT: Council Member Greiner RECESS AND RECONVENE ' Council recessed at 8:00 p.m, to convene the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District and reconvened at 8:07 p.m. ADMINISTRATIVE ITEMS CITY MANAGER APPROVAL OF AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES WITH THE COUNTY OF ORANGE FOR FISCAL YEAR 1998-99 6k 00.50) Written Communication: Report dated July 7,1998 from Senior Management Analyst II forwarding an agreement with the County of Orange for Animal Control Services for Fiscal Year 1998-99. The report advised that no new or additional services were proposed. However, there was a significant increase in cost of approximately $22,000, due to several factors, including the effect of the County's previous bankruptcy and the inclusion in this year's budget of the cost to buy into the new countywide 800 MHZ communications system and the purchase of an on-line dog licensing system; and, the City's growth in new residential areas resulting in increased service level demands. Mr. Scarborough, City Manager, made an oral presentation. City Council Minutes -13- 7/7/98 240 Council Questions: Council Member Hart asked if the increase would remain at this high level after this year. Mr. Scarborough pointed out that there had been no increases during the last three years but, after this year, there should be regular increases. He noted that this was an effective use of the City's funds for animal control services; that to maintain a City -run service would be much more costly. Motion to Approve Agreement: It was moved by Council Member Campbell, seconded by Council Member Hart, and carried unanimously, that the Agreement for Animal Control and Shelter Services with the County of Orange for the Fiscal Year 1998-99 with the adjusted provisional payment of $79,365 be approved. 2. ADOPTION OF RESOLUTION URGING STATE LEGISLATURE TO PLACE A STATE-WIDE SCHOOL BOND MEASURE ON THE NOVEMBER 1998 BALLOT (660.40) Written Communication: Report dated July 7, 1998 from the City Manager advising that the Capistrano Unified School District had brought to the City's attention the urgent need for construction of additional school facilities to serve the District's current and future needs. An important funding mechanism for new school construction is school construction bonds issued by the State of California. The District was seeking to encourage the State Legislature to place a state-wide school bond issue on the regular November 1998 general election ballot and had asked for the City's assistance in encouraging the State Legislature to vote favorably to place the school bond on the ballot. Mr. Scarborough, City Manager, noted that the Capistrano Unified School District, along with many other districts, faced extreme overcrowding. The only identifiable solution was the issuance of school bonds. There was a critical need in the San Juan Capistrano community and he urged the City Council to adopt the Resolution. Adoption of Resolution: It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Resolution calling on the State Legislature to place a state-wide school bond issue before the voters on the November 1998 General Election Ballot be approved: RESOLUTION NO 98-7-7-6. SUPPORTING PLACEMENT OF STATEWIDE SCHOOL BOND MEASURE ON NOVEMBER 1998, GENERAL ELECTION BALLOT - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING ON CALIFORNIA STATE LEGISLATORS TO PLACE A STATEWIDE SCHOOL BOND MEASURE ON THE NOVEMBER 1998 GENERAL ELECTION BALLOT The motion was carried by the following vote: City Council Minutes -14- 7/7/98 241 AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones ' NOES: None ABSENT: Council Member Greiner APPROVAL OF REPLACEMENT OF AN ADMINISTRATIVE ASSISTANT POSITION WITH THAT OF AN ASSOCIATE ENGINEER POSITION (700.20) Written Communication: Report dated July 7, 1998 from the City Manager advising that in order to best meet the organizational and functional needs of the City, it was proposed that the vacant Administrative Assistant position in the Public Works Department be upgraded to an Associate Engineer position. This would allow increased technical support in the Public Works Department and the new position would be responsible for sewer projects, SERRA, assistance with budget development, contract management, weed abatement, landscape maintenance districts, City Hall remodel, Congdon House, Parra Adobe, Ortega Highway sidewalk, city-wide traffic striping program, city-wide landscape projects and Open Space property management. Ms. Murray, Assistant City Manager, gave an oral presentation advising that the Public Works Department had been restructured one year ago and there was now a need for a higher ' level of technical support. Approval of Administrative Assistant Position: It was moved by Council Member Swerdlin, seconded by Council Member Hart, and carried unanimously to authorize the replacement of an Administrative Assistant position in the Public Works Department with that of an Associate Engineer position. 4. ACCEPTANCE OF DONATION OF REPLICA EL CAMINO REAL BELL MARKERS BY RANCHO VIEJO JUNIOR WOMEN'S CLUB (150.10) Written Communication: Report dated July 7, 1998 from the Assistant City Manager advising that the Rancho Viejo Junior Women's Club and the Orange District Junior Women's Clubs wished to donate two replica El Camino Real Bell markers for placement in San Juan Capistrano as part of events celebrating California's 150th anniversary. Similar bells were to be placed a various locations throughout the State in communities through which the original EI Camino Real passes. The Women's Club would provide all parts and would adopt the bells to keep them permanently maintained. If the City Council approved the bells, it was recommended that the Cultural Heritage Commission should recommend locations for their placement; it had been suggested the bells be placed on EI Camino Real in the vicinity of the Historic Town Center Park. Doug Greek Construction had volunteered to donate the labor for installation, with the City purchasing the materials at a cost of less than $500. I Ms. Murray, Assistant City Manager, gave an oral presentation. City Council Minutes -15- 7/7/98 242 Motion to Accu Donation: _ It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and carried unanimously, that the donation of two El Camino Real Bell Markers from the Rancho Viejo Junior Women's Club and the Orange District Junior Women's Club be accepted with thanks and that the Cultural Heritage Commission recommend placement of the markers. PLANNING DIRECTOR CONTINUATION OF CONSIDERATION OF THE LOS RIOS AD-HOC COMMITTEE DRAFT OF THE LOS RIOS PRECISE PLAN (LOS RIOS HISTORIC DISTRICT) AND INITIATION OF THE PUBLIC HEARING PROCESS (400.40) Citing a possible conflict of interest due to the proximity of his business/residence, Mayor Jones advised he would abstain on this item and left the dais. Council Member Hart assumed the Chair. Written Communication: (1) Report dated July 7, 1998 from the Planning Director advising that the City Council had initiated an update of the Los Rios Precise Plan in November 1997 and had established a seven -member ad-hoc committee comprised of members of the City Council and City Commissions. That Committee had held a series of public workshops to identify preliminary draft amendments to the Precise Plan and those preliminary draft amendments were presented for Council review. -- (2) Letter dated July 6, 1998, from Shelley Bachelder, 31631 Los Rios Street, recommending that no new business development be allowed until all the issues have been addressed and stressing the importance of taking time to discuss the issues. Bill Ramsey, Senior Planner, gave an oral presentation in which he noted uses that were allowed and conditions that were present prior to the adoption of the original Los Rios Precise Plan in 1974. He discussed improvements that had been made in the area. Preliminary draft amendments were presented for Council ratification so that the public hearing process could be initiated. The individual Commissions would then review the draft amendments and formulate recommendations. The draft amendments included more restrictive conditions for historic preservation; a clear definition of accessory use for the percentage of commercial use in a residential/commercial mixed use property; and, a very precise definition of the residential occupancy. He also advised that the Ad -Hoc Committee had looked at options for the central park area, including residential development in a form compatible with the Historic Residential District. Public Comments: (1) Paulette Wattenburg, 26571 Ramos Street, expressed her concern at the problems existing in the Los Rios now, many of which were caused by the mixed residence/commercial use. She reminded the Council that there was only one way in or out and no sidewalks; yet tourists, business deliveries, etc. all had to use the — City Council Minutes -16- 7/7/98 243 ' area. Those issues needed to be addressed now. She submitted a letter signed by concerned residents of Los Rios, Ramos and Mission Streets. (2) Francie Kennedy, 36632 Ramos Street, thanked the Ad -Hoc Committee for their work and felt that the majority of the proposed amendments were ready to proceed to the next step. However, she asked that the very specific language used to describe a district as "artisan's village" be reconsidered. She believed the report promoted and advocated the artisans village concept but she would like any judgment on rezoning the central park into residential or commercial reserved. She advocated the need for park/open space in Los Rios. She offered to work with staff to explore alternative funding strategies for park and open space in the District. (3) Steven Rios, 31781 Los Rios Street, expressed appreciation at the effort put in to the amendment process. He felt some of the recent developments in the area, including Moonrose and Ramos House, were good, although parking was a problem. He expressed concern, though, that the momentum towards commercial activity in the area was not good for the District. He felt that a statement should be included that Los Rios Street is an irreplaceable neighborhood and must retain a clear residential character. He took strong issue with the Wittington proposal, which he felt was insensitive and inappropriate to the neighborhood; additionally, activities proposed by that plan already were taking place at the Mission. He urged the Council to slow down the process, provide additional parking, extend Paseo Adelanto and relocate Solag before making any other changes. His suggestion for the open space included provision of an ornamental garden and walking area. (4) Edith Banning, 26466 Calle Rio Vista, expressed her concern at the changes already occurring in the City. She stated opposition to the Whittington proposal and urged that open space should be left open to allow residents a place to relax and look at nature. Council Comments: Council Member Swerdlin asked Mr. Ramsey to comment more fully on the Wittington proposal and the Artisan's village. Mr. Ramsey advised that the committee had looked at the residential component of 2Yz to 3 acres the central park area, with the intent that the character and scale would be identical to the Historic Residential District with just a different name. The Wittington proposal (Capistrano Cornerstone Foundation) included a much more intensive development and was very different from the Committee's vision. The proposal was for a living history area. The policies put forward by the Committee did not incorporate those elements. Council Member Swerdlin also asked about the phasing and Mr. Ramsey advised that the public infrastructure and parking was critical and should be done first. The timing of all phases would be fully under the control of the City through the implementation of the Precise Plan. It would be a very deliberate, phased process. City Council Minutes -17- 7/7/98 244 Council Member Campbell commended Steve Rios for his positive feedback. She stated that she would like the City to move forward immediately with the relocation of Solag, extension of Paseo Adelanto and the additional parking. She suggested continuance of the item to allow for the presence of Council Member Greiner and for additional review. Council Member Swerdlin noted that there seemed to be confusion about the Precise Plan review. He had called for such a review because of his concerns about the development in the area. He was very sensitive to the area and wanted to ensure the integrity of the historic Los Rios district remained intact. The plan review addressed a multitude of concerns, including traffic circulation, and there were a lot of complexities. He felt more input was needed and that was the purpose of the public process. He noted, too, that Council Member Greiner was an integral part of the Committee and he was looking forward to hearing his comments. Council Member Hart added that the Council wanted to listen to the residents, which is why he supported the public hearings and the public input. He concurred that the process needed to slow down a little bit and that the Paseo Adelanto extension, the Solag relocation and additional parking facilities needed to be completed before moving forward with many other undertakings. Motion to Continue: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and carried with Council Member Greiner absent and Mayor Jones abstaining, that consideration of the Los Rios Ad -Hoc Committee draft of the Los Rios Precise Plan be continued until August 4, 1998. Mayor Jones returned to the podium and assumed his duties. RECESS AND RECONVENE The City Council recessed at 9:10 p.m. and reconvened at 9:15 p.m. 2. APPROVAL OF STREET BANNER AND WAIVER OF STREET BANNER PERMIT FEE FOR MISSION GREEK FESTIVAL AND ANNUAL GOLF TOURNAMENT (COMMITTEE FORTHE HISTORIC PRESERVATION OF THE MISSION SAN JUAN CAPISTRANO (410.40) Written Communication: Report dated July 7, 1998 from the Planning Director noting that the applicant, Tom Trulis, President of TGA Global Golf Events, had applied for a street banner from October 26 through November 9, 1998. As set forth in the Municipal Code, the proposed event did not meet the attendance requirements for a community -wide event street banner so City Council approval was required. The applicant had also requested a waiver of the $80.00 banner fee. In prior applications, the fee had been waived or partially waived only when installation and/or removal of City -sponsored events occurred at the same time, thereby eliminating one $40.00 charge. In this case, a City banner will be removed on October 26 so staff had City Council Minutes -18- 7/7/98 245 recommended a waiver of $40. The Report also recommended some banner text changes to made the banner more readable. Mr. Tomlinson, Planning Director, advised that the partial waiver of the fee was consistent with previous actions. Council Member Hart suggested waiving the entire fee. Motion to Approve Request: It was moved by Council Member Swerdlin, seconded by Council Member Hart, and carried unanimously, to approve the request for a street banner, subject to text revisions, and to waive the full permit fee of $80. 3. WITHDRAWAL OF CONSIDERATION OF REVISIONS TO CITY COUNCIL POLICY 419 (STREET BANNER STANDARDS) (610.30) Written Communications: (1) Report dated July 7, 1998, from the Planning Director, forwarding proposed revisions to the Street Banner Standards to clarify insurance requirements, banner size and specifications, text limitations, and procedures. (2) Memorandum dated June 30, 1998 from the City Manager withdrawing this item from the City Council Agenda for additional work on the policy. Motion to Withdraw Item: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and carried unanimously, to withdraw this item from the agenda. ENGINEERING AND BUILDING DIRECTOR I. ELIMINATION OF PROJECT - COUNTRY HILLS ROAD STREET LIGHTING (CTP NO. 138)(460.30) Written Communication: Report dated July 7, 1998 from the Director of Engineering and Building advising that on April 7, 1998 the City Council had approved plans and specifications for the installation of two street lights on Country Hills Road, contingent upon staff working with one of the residents regarding the location of the light near her home. After discussions with the resident, staff was recommending that the project be eliminated. Mr. Huber, Director of Engineering and Building, gave an oral presentation advising that no suitable location for one light had been found. He was unable to recommend proceeding with the project for only one light as the cost would be unacceptable. He therefore recommended eliminating the project. Elimination of Project: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and carried unanimously, to eliminate the Country Hills Road Street Lighting Project. City Council Minutes -19- 7/7/98 246 2. CONTINUANCE OF CONSIDERATION OF RETAINING WALL DESIGN CONCEPTS - VALLE ROAD WIDENING PROJECT (SUN CAL DEVELOPMENT) (410.80) Written Communication: Report dated July 7, 1998 from the Director of Engineering and Building, advising that in conjunction with the required widening of Valle Road, the developer of Pacific Point's Tentative Tract Map 14196 had submitted street improvement and conceptual retaining wall plans showing four different design methods to retain the slope along Valle Road, between San Juan Creek Road and La Novia Avenue. Staff had reviewed the four plans and recommended Alternative "C" which provided a combination of two walls, five feet apart. The design and construction cost would be shared among the developers whose projects impact Valle Road. Site plans for all four designs were on display. Mr. Huber, Director of Engineering and Building, gave an oral presentation advising that the developer was required to improve Valle Road and that there was prior approval for a hotel on the site which limited the slope improvements that could be made. Mr. Huber indicated, using the displayed plans, the configuration of each design. He indicated that, in order to allow a sidewalk on the same side as the proposed hotel, Alternative C, with a two-step approach, was the most suitable. Council Questions: Council Member Campbell stated that high walls along that road were not acceptable and that there was never the intent to have a high wall. Mr. Huber noted that in the 1983 approval, five- to six -feet wall height was approved. The alternative that most closely matched that had an eight -foot wall. Mrs. Campbell again reiterated that the recommended wall height was not acceptable. Motion to Continue: It was moved by Council Member Hart, seconded by Council Member Swerdlin, and carried unanimously, to continue consideration of the retaining wall design to the meeting of August 4, 1998, to try to design a wall with reduced height. POLICE SERVICES 1. APPROVAL OF AGREEMENT FOR PROVISION OF GANG SUPPRESSION SERVICES BY COUNTY PROBATION DEPARTMENT AND ORANGE COUNTY SHERIFF'S DEPARTMENT (600.50) Written Communication: Report dated July 7, 1998 from the Chief of Police Services, advising that the City participates with the Cities of Dana Point, Laguna Niguel and the County of Orange in the South Orange County Gang Prevention and Suppression Program. The enhanced supervision provided by the program is a vital component of the overall strategy to eradicate youth and gang violence. The total cost of the Agreement, shared by three cities, is $78,102, of which City Council Minutes -20- 7/7/98 247 San Juan Capistrano would be responsible for $26,034. This includes an increase of $1,845 from last year due to salary and overhead expenditures. Motion to Approve Agreement: It was moved by Council Member Hart, seconded by Council Member Swerdlin, and carried unanimously to approve the Agreement for Provision of Gang Suppression Services by County Probation Department and Orange County Sheriff's Department for the period of July 1, 1998 through June 30, 1999 at the City's cost of $26,034. 2. APPROVAL OF CONSULTANT SERVICES AGREEMENT/GANG PREVENTION (COMMUNITY SERVICES PROGRAM, INC.) (600.30) Written Communication: Report dated July 7, 1998 from the Chief of Police Services recommending approval of an agreement for contractual services with CSP, Inc. for providing gang prevention programs to San Juan Capistrano, San Clemente and Dana Point. The City's share of the proposed contract is $44,095. Motion to Approve Agreement: It was moved by Council Member Swerdlin, seconded by Council Member Hart, and carried unanimously to approve the continuation of the Agreement with CSP, Inc. in the amount of $44,095, for the period ending June 30, 1999. ' ORDINANCES 1. APPROVAL OF ORDINANCE AMENDING SECTION 8.12.05(b) OF THE MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE AND DILAPIDATED SIGNS (450.30) (ADOPTION) Written Communication: Report dated July 7, 1998 from the City Clerk advising that the Ordinance was introduced at the meeting of June 16, 1998 and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Ordinance be adopted: ORDINANCE NO 821 AMENDING TITLE 8, CHAPTER 12 OF THE MUNICIPAL CODE - PROPERTY MAINTENANCE AND DILAPIDATED SIGNS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING SUBSECTION 8-12.05(b) OF CHAPTER 12, "PROPERTY MAINTENANCE," OF TITLE 8, "BUILDING REGULATIONS" OF THE MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE AND DILAPIDATED SIGNS City Council Minutes -21- 7/7/98 ME The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones NOES: None ABSENT: Council Member Greiner COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern & San Joaquin Hills Transportation Corridors (800.50) Council Member Campbell noted that the Engineering and Building Director prepared a letter regarding the City obtaining all landscaping possible. b. Joint Powers Insurance Authority 1170.30) Council Member Swerdlin noted that the budget had been approved and that the annual meeting with all member agencies was to be held on July 15, 1998 in Lakewood. C. Orange County Vector Control District (560.50) Council Member Swerdlin advised that the budget had been approved. COUNCIL COMMENTS Fourth of July Celebration (150.60) Mayor Jones commended the Community Services Director, City staff and the Sheriff's Department for a very successful July 4 celebration. Council Member Swerdlin concurred. 2. Tree Removal Policy/Procedures (410.90) Council Vembers Swerdlin and Campbell expressed concern with issues regarding tree removal,6t the Resco Self -Storage project on San JuanCreek Road and stated that there was a need to review the policy on how the Council is notified prior to such removals. The City Manager advised that the item would be placed on the August 18, 1998 agenda and any tree removal permits issued prior to that date would be forwarded to the Council in advance. Staff would report to the Council on the Resco tree removal. *. . .natural shrubbery and beauty of the creekbed. . . added by Council action 8/4/98 City Council Minutes -22- 7/7/98 L ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:50 p. m. to the Tuesday, July 21, 1998, at 5:30 p.m., in the City Council Chambers. ATTEST: J GIL JO YOR Respectfully submitted, CHERYL JOH6SO%&ITY CLERK City Council Minutes -23- 7/7/98 249