97-0218_CC_Minutes_Regular Meeting11
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FEBRUARY 18, 1997
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by the City Clerk at 5:00 p.m. in the City Council Chamber for Closed Session.
ROLL CALL: PRESENT: None
ABSENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
STAFF PRESENT: Cheryl Johnson, City Clerk.
CLOSED SESSION (610.85)
The following item scheduled for Closed Session was withdrawn from consideration:
Conference with Real Property Negotiator per Government Code Section 54956.8 for an
update regarding the status of negotiations for sale of the property known as Assessor's
Parcel No. 649-361-02, with Grubb and Ellis, negotiating party.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
The meeting was recessed at 5:00 p.m.
BUSINESS SESSION
The Business Session portion of the Regular Meeting of the City Council of the City of San Juan
Capistrano, California was called to order by Mayor Swerdlin at 7:02 p.m. in the City Council
Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend
Robert Schwenck of the Community Presbyterian Church.
ROLL CALL: PRESENT
City Council Minutes
ABSENT
David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
None
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11£111
STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Jennifer
Murray, Assistant City Manager; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative
Services Director; William M. Huber, Engineering and Building Director, Thomas Tomlinson,
Planning Director; AI King, Jr., Community Services Director; Lt. Paul Sullivan, Chief of Police
Services; Nancy Bernardi, Recording Secretary.
INTRODUCTIONS PRESENTATIONS, AND DONATIONS
PRESENTATION OF MISS SAN JUAN CAPISTRANO SCHOLARSHIP
CONTESTANTS (610.40)
Mayor Swerdlin presented Certificates of Recognition to the following contestants of the
Miss Capistrano Valley Pageant: Emily J. Marzullo, Cherri Spriggs, Stacey Tinnes, Yachika
Blanks, Teresa Falk, and Adrienne Clark. Amanda Meinke was not present to receive her
Certificate. Mayor Swerdlin noted that all of the contestants were chosen because of their
strong academic standing and volunteer efforts in the community.
Rita Propersi introduced the program's participants, and Leah Beale of Union Bank expressed
appreciation for the community's support.
2. RECOGNITION OF LONG-TERM CITY EMPLOYEES (730.90)
Written Communication:
Report dated February 18, 1997, from Julia Rushing, Management Analyst II, advising that
the following employees had attained employment milestones with the City:
30 Years of Service: James "Tito" Olivares, Senior Maintenance Worker
20 Years of Service: Juan Camacho, Maintenance Worker
Cathy Du Coing, Engineering Technician
10 Years of Service: Diane Harrison, Executive Secretary
Dennis Klonowski, Maintenance Worker
Mary Laub, Management Analyst II
Greg Marquard, Senior Maintenance Worker
Cynthia Pendleton, Administrative Services Director
Mayor Swerdlin presented Resolutions of Commendation to Mr. Camacho and Ms. Du Coing
for their 20 years of service and service plaques to Ms. Harrison, Mr. Klonowski, Ms. Laub,
Mr. Marquard, and Ms. Pendleton for their 10 years of service to the City. Mr. Olivares was
not present to receive his Distinguished Service Award in recognition of his 30 years of
service.
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' 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Greiner introduced the following Commission representatives in attendance:
Bill Sonka (Planning Commission), Pauline Leonard (Parks, Recreation, and Equestrian
Commission), Bill Hardy and Don Tryon (Cultural Heritage Commission), Bonnie Holt
(Transportation Commission), Mary Rose Winkler (Mobile Home Park Review Committee),
Janice Palermo (Housing Advisory Committee), Bruce Smith (President of the Seniors Club),
Al Simmons (seniors liaison to the City), and former Mayor Ken Friess.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
TREE TRIMNIING/MOBILEHOME PARK MAINTENANCE (410,90/480.20)
Frank Orlik, Capistrano Terrace Mobilehome Park, Space 141, submitted copies of two
letters he sent dated January 29, 1997, and February 10, 1997, to Skip Permenter, Manager
of the Capistrano Terrace Mobilehome Park, requesting that action be taken to resolve the
problems with structural damage to his mobilehome caused by the roots of a large tree.
Mr. Orlik described the damage to his mobilehome and expressed concern that the lack of tree
maintenance in the Park has resulted in branches falling off and that further damage would
occur to mobilehomes, streets, driveways, and sewer systems. He noted that other
' mobilehomes in the Park were also in jeopardy because of the trees and requested the City's
assistance in resolving this matter.
Mayor Swerdlin requested that the City Manager meet with Mr. Orlik to discuss his concerns.
Mr. Scarborough advised that another resident of the Capistrano Terrace Mobilehome Park
had contacted the City regarding the tree problems and that Code Enforcement was scheduled
to investigate the situation the morning of February 19. He stated that he would have the
Code Enforcement Officer contact Mr. Orlik.
Gordon Fish, 32802 Valle Road, Space 103 (Capistrano Terrace Mobilehome Park),
submitted a letter dated February 18, 1997, from Betty Pastor to the City Council requesting
the City's assistance in resolving the problems caused by a lack of tree maintenance at the
Park, including the need to evaluate the condition of the trees. She expressed concern
regarding the continued deterioration of the Park and potential impacts to the residents'
safety.
PRESENTATION (610.40)
AI Simmons, 32302 Alipaz Street, Space 135, presented Council Member Campbell with the
3'x5' size United States flag that was initially presented to the Boys and Girls Club by the City
' Council on January 21, 1997. He noted that the Club had ordered a 5'x8' flag, and that he
was giving the flag to Council Member Campbell because of the appreciation she previously
expressed for it.
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LEASE OF CITY FARM PROPERTY (600.20)
A. G. Kawamura of Orange County Shares, 5951 Trabuco Road, Irvine 92620, requested that
his organization be considered for leasing the City -owned farm site at Alipaz Street and
Camino del Avion for the purpose of establishing a community farming operation based on
organic principles. He submitted a booklet on his organization, and a letter outlining their
objectives to provide City residents, especially children, with the opportunity to learn about
San Juan Capistrano's history. He noted that his organization is part of the Centennial Farm
Foundation and that he has been growing produce in Orange County for 40 years.
Mr. Scarborough advised that the City's existing lease agreement with J&W Farms would
expire shortly and Mr. Kawamura would be notified when this matter was agendized.
4. CRY CLUB (CULTURES REUNITING YOUTW (130.40)
Anna Hernandez, Julio Aquilera, and Ariana Chavez introduced themselves as three of the
five youth who attended the "I Have a Dream" retreat in Glendale on January 31 to
February 2, 1997, the goal of which was to train youth to be leaders in their communities.
They noted they would participate as facilitators at the upcoming Youth Forum on May 6,
1997, which will address community needs and working together as a team to achieve a better
community.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Campbell, 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 Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
MOTION TO READ ORDINANCES BY TITLE ONLY
The reading of all Ordinances by title only was approved.
APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
JANUARY 21. 1997
The Minutes of the Regular Meeting of January 21, 1997, were approved as submitted.
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' 3. RECEIVE AND FILE WARRANTS OF JANUARY 29. 1997 (300.30)
The List of Demands dated January 29, 1997, in the total amount of $1,078,125.19 was
received and filed.
4. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JANUARY 31. 1997 (3 50 30)
The City Treasurer's Report of Investments as of January 31, 1997, in the total amount of
$13,382,872.36 was received and filed.
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated February 18, 1997, from the Planning Director, advising that three new
development applications were received by the City since the last report of January 21, 1997,
was received and filed.
6. EXTENSION OF CAPISTRANO VILLAS PARKING ADMINISTRATION
CONTRACT (WEBB MANAGEMENT) (600.30)
As set forth in the Report dated February 18, 1997, from Jennifer Murray, Assistant City
Manager, the First Amendment to the Agreement between the City and Webb Management
' was approved extending the contract for management of the Capistrano Villas' overnight
parking program to June 30, 1998, with current terms remaining in effect. The Amendment
also provided for another one-year extension of the contract upon mutual agreement. The
City Manager was authorized to execute the Amendment on behalf of the City.
7. RESOLUTION APPROVING AGREEMENT AND OFFER FOR EXCHANGE OF
EASEMENTS - RECREATIONAL TRAIL, EASEMENTS AND FIREBREAK AND
GAS HEADER LINE EASEMENTS. PRIMA DESHECHA LANDFILL
/INTEGRATED WASTE MANAGEMENT DEPARTMENT (COUNTY OF
ORANGE) (670.50/600.50) (CONTINUED FROM FEBRUARY 4. 1997)
As set forth in the Report dated February 18, 1997, from the Engineering and Building
Director, the following Resolution was adopted approving the Offer and Agreement to
Exchange Easements with the County Department of Integrated Waste Management:
RESOLUTION NO. 97-2-18-1. APPROVAL OF "OFFER AND
AGREEMENT TO EXCHANGE EASEMENTS." COUNTY OF ORANGE,
INTEGRATED WASTE MANAGEMENT DEPARTMENT (PRIMA
DESHECHA LANDFILL) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE "OFFER AND AGREEMENT TO EXCHANGE
EASEMENTS" WITHIN THE PRIMA DESHECHA LANDFILL -
COUNTY OF ORANGE, INTEGRATED WASTE MANAGEMENT
DEPARTMENT
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The Resolution/Agreement granted easements to the County within the Glendale Federal
Open Space area for installation of a gas header line system as well as additional easements
to maintain an existing firebreak/ access road. In exchange the City was granted recreational
trail easements along the periphery of the Prima Deshecha landfill. The Mayor was
authorized to execute the Agreement and easement documents on behalf of the City, and the
City Clerk was directed to forward the Resolution, Agreement, and all easement documents
to the County Recorder.
PUBLIC HEARINGS
REQUEST FOR TEMPORARY STREET CLOSURES - ANNUAL SWALLOWS
DAY PARADE AND MERCADO - SATURDAY. MARCH 22. 1997 (FIESTA
ASSOCIATION) (150.60)
Proposal:
Consideration of 1) a request for temporary street closures on Saturday, March 22, 1997, for
the Fiesta de las Golondrinas Parade (11:00 a.m.) and Mercado (8:00 a.m. to 5:30 p.m.); 2)
application for a parade permit; and 3) request for waiving of license fees.
Written Communication:
Report dated February 18, 1997, from the Director of Engineering and Building, detailing the
parade route and temporary street closures. Staff recommended that the street closures for
both events, parade permit, and waiver of license fees be approved.
Mr. Huber made an oral presentation.
Public Hearine:
Notice having been given as required by law, Mayor Swerdlin opened the public hearing, and
there being no response, closed the hearing.
Annroval of Street Closures Parade Permit and Waiver of License Fees:
It was moved by Council Member Hart, seconded by Council Member Campbell, and
unanimously carried that the following be approved:
(1) The temporary street closures as noted on Exhibit A for the Fiesta de las Golondrinas
Parade and Mercado on Saturday, March 22, 1997,
(2) The issuance of a parade permit to the San Juan Capistrano Fiesta Association per
Municipal Code Section 5-11.05(b); and
(3) Waiver of license fees required by Municipal Code Section 5-11.08.
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2, INTERIM URGENCY ORDINANCE - MORATORIUM ON THE PROCESSING
OF ACCESSORY USE PERMITS IN THE LOS RIOS HISTORIC DISTRICT
400.30
Council Member Jones indicated that he would abstain from participation in this matter due to a
potential conflict of interest because his residence was located in the Los Rios Historic District.
Council Member Greiner indicated he would also abstain since he had a business interest located
within 300 feet of the District.
Proposal:
Consideration of an interim Urgency Ordinance imposing a moratorium on the processing of
additional Accessory Use Permit applications for the on-site sale of alcoholic beverages in
conjunction with food service in the Los Rios Historic District. The moratorium was
requested by staff to analyze the impacts of localized alcohol sales and safety issues associated
with the increased vehicular and pedestrian traffic in this historic residential neighborhood.
Applicant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
' Written Communication:
Report dated February 18, 1997, from the Planning Director, recommending that the Urgency
Ordinance be adopted for a 45 -day period. The Report also recommended that the funding
for an outside consultant to conduct a study of the impacts of alcohol sales in the Los Rios
Historic District ($35,000 to $50,000) be included in budget discussions for fiscal year
1997-98.
Mr. Tomlinson made an oral presentation.
Public Hearin:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Council Member Campbell felt the estimated costs consultant costs were excessively high and
inquired if they could be reduced. Mr. Scarborough indicated that the issue could be
addressed when the formal presentation is made to the City Council at a later date.
Adoption of Interim Urgency Ordinance Approving Moratorium on Processing of
Accesso[y Use Permits for the On -Site Sale of Alcoholic Beverages in the Los Rios
Historic District:
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 Urgency Ordinance be adopted:
City COM61 Minutes -7- 2/18/97
ORDINANCE NO. 790, ESTABLISHING MORATORIUM - ACCESSORY
USE PERMITS IN LOS RIOS HISTORIC RESIDENTIAL DISTRICT
(URGENCY) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A MORATORIUM ON
THE PROCESSING OF ACCESSORY USE PERMITS ALLOWING THE
ON-SITE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION
WITH FOOD SERVICE IN THE HISTORIC RESIDENTIAL DISTRICT
OF THE LOS RIOS PRECISE PLAN (URGENCY)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, and Mayor Swerdlin
NOES: None
ABSTAIN: Council Members Greiner and Jones
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:47 p.m. to convene the San Juan Capistrano Community Redevelopment _
Agency, and reconvened at 7:48 p.m. as the City Council.
ADMINISTRATIVE ITEMS
CITY MANAGER
DOWNTOWN PEDESTRIAN LIGHTING PROGRAM (460.30)
Written Communication:
Report dated February 18, 1997, from Mechelle Lawrence, Economic Development
Administrator, recommending that the proposed Downtown Pedestrian Lighting Program be
reviewed and returned to the Planning Commission, with the staff recommendation for an
inverted "hook" style acorn fixture and the following elements:
• Metal halide as the primary light resource
• Maximum height of street light source, 13'/2 feet
• Forest green color for poles and fixtures
• Flush -mounted fiberglass poles with simple fluting
• Final design and location of fixtures per minimum standards of Municipal Code.
The Report noted that the City Manager's recommendation differed from that of the Planning
Commission, which recommended a hooded style fixture with minimal ornamentation. Staff's
recommendation was based on the results of the photometric analysis conducted by the City's
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' lighting consultant subsequent to the Planning Commission meeting of January 28, 1997, which
concluded that acorn fixtures are more efficient at lower heights; therefore, only 61 fixtures
would be required for the entire downtown area vs. 87 for the hooded style fixture.
Mechelle Lawrence, Economic Development Administrator, made an oral presentation.
Photometric readings taken over a several -month period were on display. She felt that the
acorn style fixture recommended by staff would provide a more even distribution of light. She
noted that this project would probably be recommended for inclusion as a Capital Improvement
Project.
Mr. Scarborough advised that this project would constitute a major financial obligation to the
City of approximately $700,000, and that funding had not yet been identified. After the
Planning Commission selects an appropriate fixture design, staff would provide a report to the
Council concurrent with review of the 1997-98 fiscal budget, including an evaluation of funding
alternatives and consideration of project phasing.
Council Member Hart indicated he had always been supportive of pedestrian lighting in the
downtown area and urged that the project move forward with the assurance that it could be
funded as a CIP project. Council Member Greiner concurred. However, he preferred a post
top -mounted acorn style fixture because its more traditional appearance would be more
compatible with the historic downtown area. He felt that the fixture would also require fewer
' poles, provide better illumination than the fixtures previously recommended by staff and the
Planning Commission, and save the City about $100,000.
Ms. Lawrence concurred that the post -top mounted acorn style fixture was more efficient. She
explained that the inverted hook style acorn fixture was recommended by staff as a compromise
between the desires of the Planning Commission for a goose -neck style fixture and aesthetics
and providing sufficient lighting.
Council Member Jones concurred with Council Member Greiner's suggestion and felt that
lighting for the downtown area should be integrated with the plans for the Historic Town Center
because of their close proximity to each other. Although she preferred the inverted hook style
acorn fixture, Council Member Campbell indicated she would support the post -top mounted
acorn fixture because the additional costs for the former could not be justified.
Mayor Swerdlin indicated he would also support the post -top mounted acorn fixture and
suggested that consideration be given to installing mast arms to accommodate the hanging of
seasonal decorations. He also suggested that invert hood style acorn fixtures be scattered
throughout the downtown area to create an eclectic appearance.
Referral of Item Back to Plannine Commission:
It was moved by Council Member Hart, seconded by Council Member Campbell, and
unanimously carried that the proposed Downtown Pedestrian Lighting Program be returned to
the Planning Commission for final selection of a post -top mounted acorn style fixture with the
following elements:
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• Metal halide as the primary light resource
• Maximum height of street light source, 13 1/2feet
• Forest green color for poles and fixtures
• Flush -mounted fiberglass poles with simple fluting
• Final design and location of fixtures per minimum standards of Municipal Code.
2. REQUEST FOR CITY COUNCIL ENDORSEMENT OF THE REQUEST BY THE
MISSION SAN JUAN CAPISTRANO FOR DESIGNATION AS A NATIONAL
HISTORIC LANDMARK (910.50)
Written Communication:
Report dated February 18, 1997, from Mechelle Lawrence, Economic Development
Administrator, recommending that the request from Gerald Miller, Administrator for the
Mission San Juan Capistrano, be approved endorsing the Mission's efforts in applying for
National Historic Landmark designation, which would allow the Mission to be eligible to apply
for certain grants.
Adoption of Resolution Endorsing the Mission's Efforts for National Historic Landmark
Desi ne ation:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO 97-2-18-2. SUPPORTING THE DESIGNATION OF
MISSION SAN JUAN CAPISTRANO AS A NATIONAL HISTORIC
LANDMARK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING AND ENDORSING
THE DESIGNATION OF MISSION SAN JUAN CAPISTRANO AS A
NATIONAL HISTORIC LANDMARK
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
FLOW CONTROL AGREEMENT WITH THE COUNTY OF ORANGE FOR REFUSE
DISPOSAL (600.50)
Written Communication:
Report dated February 18, 1997, from Douglas Dumhart, Management Analyst II,
recommending that the County's proposed Waste Disposal Agreement be approved committing
the City to a ten-year agreement to haul waste to the County's landfill in exchange for a
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' guaranteed fixed disposal rate of $22 per ton during the term of the Agreement. The current
landfill tip fee is $27.00 per ton.
Mr. Scarborough made an oral presentation. He noted that the Council had been provided with
copies of the final draft of the proposed Agreement and recommended approval subject to
review and approval of the document by the Interim City Attorney.
Approval of Waste Disposal Agreement with the County:
It was moved by Council Member Jones, seconded by Council Member Greiner, and
unanimously carried that the Waste Disposal Agreement with the County be approved for the
ten-year period ending March 1, 2007. The City Manager was authorized to execute the
Agreement on behalf of the City, subject to review and approval by the Interim City Attorney.
PLANNING DIRECTOR
INTERIM POLICY TO PERMIT SAN JUAN CAPISTRANO LITTLE LEAGUE
SPONSOR SIGNS ON OUTFIELD FENCE (SAN JUAN CAPISTRANO SPORTS
PARK AND COMMUNITY CENTER) (410.40)
Written Communication:
Report dated February 18, 1997, from the Planning Director, recommending that an interim City
' Council Policy be adopted permitting San Juan Capistrano Little League to install temporary
sponsor signs on the outfield fences at the Sports Park and Community Center for their 1997
season. The Report also recommended that staff be directed to prepare a formal policy within
three months for consideration by the Parks, Recreation and Equestrian Commission and the
City Council.
Mr. Tomlinson made an oral presentation. He clarified that the temporary sponsor signs would
be posted at Hausdorfer field only.
Council Member Greiner felt that this type of signage was appropriate because of their
traditional use at Little Leagues fields and that their temporary installation would allow the City
to evaluate their impact.
Council Member Campbell expressed concern that the City was not legally required to comply
with the Sign Ordinance. She felt that the temporary signs were acceptable on a trial basis but
urged that the City proceed cautiously in this matter due to the precedent -setting potential;
further, she expressed concern that these types of signs had never been considered during
development review and thus had not received public review on their installation. As an
alternative, she suggested that the sponsor signs be posted during games only and taken down
after the games and not left up for an entire season.
I Council Member Hart concurred with Council Member Campbell's concerns but noted that the
Municipal Code provides for variances to address applications on a case-by-case basis. He
recommended that the temporary signs be approved and that staff evaluate it from the
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standpoint of allowing any organization requesting a variance on a seasonal basis.
Mr. Scarborough advised that the proposed policy was based on the use of City -owned
property, which would not involve a variance; other requests would be reviewed individually
and eventually there would be a City-wide policy to allow for consistency.
Council Member Jones indicated that although he would support the temporary posting of these
sponsor signs, he felt it would not be a burden on the Little League to simply unhook the signs
after every game. He noted that their removal would also prevent vandalism of the signs and
allow other organizations to post their own signs during game play. He suggested that the
evaluation of the interim policy include storage of these signs at the Sports Park. He felt that
the City should be careful about setting a precedent for all youth organizations and that the City
should have input regarding what is considered to be an appropriate sponsor sign, particularly
if they are not professionally made.
Council Member Campbell indicated she would not want to prohibit placing of temporary signs
during the games, since the agreements for sponsorships had already been completed; however,
this issue needed careful consideration because it had not been part of the original development
review.
Adoption of Interim City Council Policy Permitting Sponsor Signs for San Juan
Capistrano Little League:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that an interim City Council Policy be adopted permitting San Juan
Capistrano Little League to install temporary sponsor signs on the outfield fences at the Sports
Park Hausdorfer Field for their 1997 season, subject to the signs being posted on a game -by -
game basis only and removed at the end of each game. Staff was directed to prepare a formal
policy within three months for consideration by the Parks, Recreation and Equestrian
Commission and the City Council.
PUBLIC LANDS AND FACILITIES DIRECTOR
AWARD OF CONTRACT - LANDSCAPE MAINTENANCE FOR CITY SPORTS
PARK.(BOTACO) (600.30)
Written Communication:
Report dated February 18, 1997, from the Public Lands and Facilities Director, recommending
that the contract for the maintenance of the City's Sports Park be awarded to the lowest
responsible bidder, BotaCo, Inc., in the amount of $100,000 ($6,250 per month) for the 16 -
month period of March 1997 through June 1998. The Report noted that the bid originally
approved on May 4, 1996, for this project with California Landscape was rescinded by the firm
due to conditions not evident at the time of bid submittal.
Approval of Contract for Maintenance of Sports Park:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that the contract for the maintenance of the City's Sports Park be awarded
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' to the lowest responsible bidder, BotaCo, Inc., in the amount of $100,000 ($6,250 per month)
for the 16 -month period of March 1997 through June 1998. All other bids were rejected. Staff
was authorized to appropriate funds from the City's General Fund, and the Mayor and City
Clerk were authorized to execute the contract on behalf of the City.
COMMUNITY SERVICES DIRECTOR
PROPOSAL FROM BOYS AND GIRLS CLUB - DEVELOPMENT OF A YOUTH
SERVICES FACILITY AT THE SAN JUAN CAPISTRANO COMMUNITY CENTER
210.40
Written Communication:
Report dated February 18, 1997, from the Community Services Director, recommending that
the request by the Boys and Girls Club to develop an 11,000 -square -foot youth services facility
at the new Community Center site, at the Club's cost, be approved in concept and that staff be
directed to conduct a comprehensive analysis for City Council consideration. The Boys and
Girls Club had established a goal of exploring options for obtaining a larger facility and felt that
an opportunity existing to develop such a facility in partnership with the City.
Mr. King made an oral presentation. The original existing plan for the Community Center,
containing 4,200 square feet of youth service facilities, and the one proposed by the Boys and
Girls Club with 11,000 square feet of youth service facilities, were on display. Mr. King
clarified that neither plan included any square footage associated with the gymnasium. He
stated that the proposal by the Boys and Girls Club, if approved, would not interfere with the
schedule for Phase 1 construction of the Community Center. He explained that this proposal
would require a modification to the Master Plan and staff was seeking direction prior to
initiating a comprehensive staff analysis. If Council concurred, staff would recommend a two-
part process; first, a Memorandum of Understanding with the Club for future consideration;
and, secondly, the development of staff project team to analyze the issues associated with this
proposal, and return to the City Council with a recommendation.
Public Comments:
(1) Bruce Smith, 28851 La Lita Lane, Mission Viejo, representing San Juan Seniors, Inc.,
requested that the Community Center and the seniors' portion be constructed at the same
time. He urged that contributions from businesses and residents be solicited to fund this
construction.
(2) Jim Williams, Executive Director of the Boys and Girls Club, spoke regarding the
importance of the Club in addressing the needs of youth in the community. He stated that
there is very little duplication of their programs with those of other agencies and that the
gymnasium in association with the Community Center would allow the Club to expand
their services and reach additional youth. He advised that the Club's goals are to establish
a permanent, full-service facility that would become the center for the Capistrano Valley,
reflect the ethnic diversity in the community, and involve youth who do not have the ability
to pay. He noted that their plans for the Community Center were modeled after the facility
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in San Marcos, which was developed as a joint venture with the City of San Marcos. He
strongly urged the Council's participation and support of their proposal.
(3) Al Simmons, 32302 Alipaz Street, Space 135, indicated that he spoke as a citizen and not
as a member of the Boys and Girls Club or San Juan Seniors, Inc. He indicated he
supported the Club's proposal and felt the proposed expansion of the Community Center
would not impact the seniors' portion. He believed the Club could raise the funds through
applying for government grants. He felt that this funding would allow the entire
Community Center to be constructed at one time. He noted that the City also needed to
address the needs of its middle -age residents as well.
(4) Dr. Ken Friess, 31506 Paseo Christina, President of the Board of Directors for the Boys
and Girls Club, noted that all of the 18 Boys and Girls Clubs in Orange County were
developed on City -provided property, and that support by the City and the School District
was necessary to ensure that the Club's goals and objectives are achieved and the needs
are met. He indicated that the Club was committed to working with the City to raise the
$1.5 million needed to construct the proposed facility. He noted that $100,000 in pledges
have already been received from the community toward this effort and felt confident that
the Club would reach its goal.
Council Comments:
Council Member Greiner noted that he visited the Boys and Girls Club facility in San Marcos
recently, which was a cooperative effort between the City of San Marcos and the Club. He felt
that the facility was a world-class facility that demonstrated that the concept could work and
he could support studying this. Although he also preferred that the entire Community Center
be constructed at one time, he acknowledged that fundraising could be difficult. He expressed
the hope that with construction scheduled to begin in August, 1997, funding would be available
to prevent phasing and allow construction all at one time.
Council Member Campbell noted that most Boys and Girls Clubs, including the one in San
Marcos, are not connected to community centers. She noted her previous involvement with the
senior citizens facility in the City of El Monte, which was located next to a high school, and
expressed concern with having youth and senior groups in a connected facility and suggested
that consideration be given to constructing a detached youth facility. She also did not want the
construction of the Community Center delayed, noting that the project was already past its
original schedule. She acknowledged the need for more facilities for the Boys and Girls Club
but urged the City to proceed with caution to ensure that all people in the community are served
to the fullest extent possible. She offered a motion to direct staff to conduct a comprehensive
analysis and return to Council with a report and recommendations, indicating that she did not
feel she could approve the concept without the analysis. Council Member Jones seconded the
motion.
Council Member Jones felt that the Boys and Girls Club was sincere in its intent to raise $1.5
million but expressed concern whether $5.5 million could be raised to fund the construction of
the entire Community Center at one time. He stated that Phase 1 was very important and felt
City Council Minutes
.lq_ 2/18/97
' that starting construction of Phase 1 might facilitate the fundraising efforts. Although he
preferred to have the entire facility constructed at one time, he indicated his commitment to
keeping the project on schedule to begin August 1997.
Council Member Hart stated that although he understood the concerns with combining youth
and senior activities in such close proximity, the Community Center would be used by all ages.
He commended the efforts of the Boys and Girls Club and felt that they would achieve their
goals with the help of City staff. He also expressed appreciation to the seniors for their
cooperation. He indicated his support of a public/private partnership. He did not support any
delay in construction of the seniors portion of the Community Center, noting that the seniors
worked hard to get it constructed.
Mayor Swerdlin felt that the proposal by the Boys and Girls Club would serve the needs of
youth in the community and benefit the City. He stated strong support for the City to develop
an MOU with the Club in conjunction with construction of the Community Center, however,
he did not want the construction schedule to be delayed. He asked for clarification of the
motion and Council Member Campbell indicated that he motion did not include concept
approval until a report of findings had been received.
Direction for Analysis and Future Recommendation:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
' unanimously carried to direct staff to conduct a comprehensive analysis and recommendation
for City Council consideration of the proposal by the Boys and Girls Club to develop an 11,000 -
square -foot youth services facility at the new Community Center, and including direction that
there be no delays in the construction schedule for the Community Center as a result of the
fundraising efforts of the Boys and Girls Club.
0
ORDINANCES
RDINANCE AMENDING WASTE DISCHARGE PRETREATMENT AND SOURCE
ONTROL PROGRAM (ADOPTION) (1040.30)
Written Communication:
Report dated February 18, 1997, from the City Clerk, advising that the Ordinance was
introduced at the meeting of February 4, 1997, 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 Jones, that the following Ordinance be adopted:
City Council Minutes -15- 2/18/97
093
094
ORDINANCE NO 791, AMENDING THE WASTE DISCHARGE
PRETREATMENT AND SOURCE CONTROL PROGRAM ORDINANCE - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RESCINDING ORDINANCE NO. 758, SECTION 6-6.13 OF THE MUNICIPAL
CODE, AND ADOPTING A NEW SECTION 6-6.13, AMENDED WASTE
DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM.
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
2. ORDINANCE APPROVING REZONE 96-04. ADOPTING SPECIFIC
DEVELOPMENT PLAN 96-02 FOR A 39 -UNIT RESIDENTIAL DEVELOPMENT TO
BE LOCATED AT THE SOUTHEAST CORNER OF CAMINO DEL AVION AND
DEL OBISPO STREET (FORSTER/KATHRYN G. THOMPSON CONSTRUCTION
COMPANY) (460.20)
Written Communication:
Report dated February 18, 1997, from the City Clerk, advising that the Ordinance was
introduced at the meeting of February 4, 1997, 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 Jones, seconded by
Council Member Greiner, that the following Ordinance be adopted:
ORDINANCE NO 792 APPROVING REZONE 96-4. SPECIFIC
DEVELOPMENT PLAN 96-2 KATHRYN G THOMPSON CONSTRUCTION
COMPANY/JOHN C FORSTERI - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 96-4, ADOPTING
SPECIFIC DEVELOPMENT PLAN 96-2 FOR A 39 -UNIT RESIDENTIAL
DEVELOPMENT TO BE LOCATED AT THE SOUTHEAST CORNER OF
CAMINO DEL AVION AND DEL OBISPO STREET (KATHRYN G.
THOMPSON CONSTRUCTION COMPANY/JOHN C. FORSTER).
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_16_
2/1 8/97
095
' The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
CONTRACT WITH WOODRUFF- SPRADLIN & SMART FOR CITY ATTORNEY
SERVICES (600.30)
Written Communication:
Report dated February 18, 1997, from the City Manager, recommending that the proposed
Retainer Agreement with Woodruff, Spradlin & Smart be approved for interim City Attorney
services. The term of the Agreement was indefinite but allowed for termination of the contract
upon 60 days' written notice.
Mr. Scarborough noted that the hourly rate initially proposed had been revised from $150 per
hour to $145 per hour.
Approval of Retainer Agreement for Interim Legal Services:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carred that the Retainer Agreement with Woodruff, Spradlin & Smart be approved
for interim City Attorney services at a rate of $145 per hour. The Mayor was authorized to
execute the Agreement on behalf of the City.
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�1�[
a. San Joaquin Hills Transportation Corridor (800.50)
Council Member Campbell reported that at the last meeting of the Corridor Agency, the
members voted not to agendize the issue of installing call boxes and cellular service along
the Corridor. She indicated she would pursue the matter again in the future.
b. Leaizue of California Cities (140.20)
Council Member Greiner noted his attendance at the meeting on February 13, which
included the presentation and approval of the Federal and State 1997 legislative platform
and the decision not to support the Orange County Transit Authority's request to serve
' as the Metropolitan Planning Organization for Orange County.
City Council Minutes -17- 2A W97
M.
C. Southeast Rgional Reclamation Authority (SERRA)1040 60)
Council Member Jones noted that the next meeting was scheduled for March 6.
d. San Juan Basin Authority (1050.60)
Council Member Jones noted his attendance at the meeting of the Authority earlier this
date, at which a new Project Committee 10 was formed to oversee groundwater issues and
facilities in the South County basin.
e. Orange County Joint Fire Authority (540.80)
Council Member Greiner noted that he would be unable to attend the next meeting
scheduled for February 27 because of his need to attend the Orange County Library
Advisory Board meeting on the same date and suggested that Council Member Hart attend
the Fire Authority meeting as the alternate.
f. Joint Powers Insurance Authority (17030
Mayor Swerdlin indicated he would provide a report to the Council on the meeting
scheduled for next week.
g. Orange County Vector Control District (560.50)
Mayor Swerdlin advised that a report on black widow spiders would be available in the
Council Office.
COUNCIL COMMENTS
1. LIBRARY ADVISORY BOARD (950.20)
Council Member Greiner requested that the Library Advisory Board be added to the agenda
under "Oral Reports of Outside Organizations."
2. TASTE OF SAN JUAN (510.60)
Council Member Jones noted that "A Taste of San Juan" would be held at the El Adobe
Restaurant on February 19 at 5:00 p.m.
City Council Minutes
_ 8_
2/18/97
097
' ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:17 p.m. to the
next regular meeting date of Tuesday, March 4, 1997, at 5:00 p.m. in the City Council Chamber.
Respectfully submitted,
ATTEST:
DAVID M. SWERMUN, MA
City Council Minutes -19- 2/18/97