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97-0617_CC_Minutes_Regular Meeting211 NNE 17, 1997 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) Council met in a Closed Session at 5:00 p.m. for the following purposes, as authorized by statute: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8, for an update regarding the status of negotiations for the sale of the property known as Assessor's Parcel No. 649-361-02. Grubb and Ellis was the negotiating party. 2. Pursuant to Government Code Section 54957.6, the City Council will meet with its Labor Negotiator (City Manager) regarding the status of negotiations with the San Juan Capistrano Employees Association and the San Juan Capistrano Management Employees Association. ' ��Y�a�ffiK�IiJ►[ � � � � Iul � � ' i The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Swerdlin at 7:10 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: David M. Swerdlin, Mayor Gil Jones, Mayor pro tem Collett Campbell, Council Member John Greiner, Council Member ABSENT: Wyatt Hart, Council Member STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. Huber, Director of Engineering and Building; William Ramsey, Senior Planner; Al King, Director of Community Services; Lt. Paul Sullivan, Orange County Sheriffs Department; Heather Caldwell, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Swerdlin announced there were no actions to report on the Closed Session items listed on the City Council and Community Redevelopment Agency Agendas. City Council Minutes -1- 6/17/97 212 INTRODUCTION, PRESENTATIONS AND DONATIONS INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Greiner introduced the following persons in attendance: Don Tryon and Bill Hardy, Cultural Heritage Commission; Ilse Byrnes, Parks, Recreation and Equestrian Commission; Ed Johnson and Bill Sonka, Planning Commission; Bonnie Holt, Transportation Commission; Joann deGuevara, Maryrose Winkler, and Marie Buckner, Housing Advisory Committee; Al Simmons, senior liaison; and Ken Friess, former Mayor. 2. ACKNOWLEDGEMENT OF DONATIONS (150,10) Mayor Swerdlin announced that cash donations to the 4th of July celebration had been received from the following: Mr. Fred Baier, Lark Engineering Company; Mr. William Klawitter, Catalina Pacific Concrete; Ms. Denise Finch, President of Creative Training Solutions in San Clemente; and, Ms. Linda Van Hoosen, San Juan Dairy Queen and Just Juice. ORAL COMMUNICATIONS (CITY COUNCIL/ OMMUNITY REDEVELOPMENT AGENCY) POTENTIAL FOR INSTALLATION OF GUARD GATES - PEPPERTREE BEND DEVELOPMENT (820.40) The following persons addressed Council regarding the potential for installation of guard gates under currently consideration by the Peppertree Bend Homeowners' Association: (a) Ronald Dull, 31851 Via de Linda, noted he had recently received a copy of the Peppertree Bend Homeowners Association plan to privatize Peppertree Bend by installing guard gates at the entrances on Calle Aspero and Calle Ricardo. He noted that a letter from the Homeowners Association indicated the City had been kept apprised of their intent; that they had been assured that privatization would be successful; and, that negotiations were underway to finalize the City's commitment to the renovation of Peppertree Bend. He cited objections to the expenditure of City funds on a street that will be privatized and presented a petition containing approximately 240 signatures opposing the proposal due to (a) an established history of use and enjoyment of Peppertree Bend sufficient to prevent the privatization of a public street; (b) an increase in traffic across Via de Linda due to the proposed guardhouse and tum -around; (c) the impact to Calle Aspero from construction traffic waiting at the gates; and, (d) loss of privacy and property values. He stated that affected neighborhoods had not been notified of the proposal and expected to receive communication regarding this issue in the future. He further stated the plan to privatize Peppertree Bend should be halted. City Council Minutes -2- 6/17/97 ' Mayor Swerdlin advised that the City had not received any proposal from the homeowners association and could therefore could not provide notification to adjacent residents. He further advised that procedures are in place for the gating of developments that would allow for public input. The City Manager emphasized that there had not been, nor would there be, any negotiation with the homeowners association regarding privatization because of the extensive process required to obtain privatization. (b) Charles Benninghoff, 32071 Peppertree Bend, spoke in support of the proposed privatization as a way to address traffic concerns in the Peppertree Bend development. He noted that the Peppertree Bend street was in poor condition and needed maintenance. He stated there was no intent to hurt adjacent neighbors. He felt that the proposed gate would be quiet; and, that the proposed guardhouse, which would be manned a limited number of hours, was architecturally pleasing. He stated the homeowners' association wished to go through the process so that adjacent areas would be apprised of the association's plans and issues of concern could be resolved. (c) Carol Heim, 32012 Paseo de Hermosa, questioned why Peppertree Bend was scheduled for maintenance when it was not as old as the streets in the Sun Ranch development, which had never had any maintenance. She cited objections to the expenditure of public monies on a street which would be shortly thereafter be privatized. ' The City Manager advised that the Peppertree Bend maintenance had been scheduled due to a subsurface failure that, if not taken care of, could ultimately result in a complete reconstruction of the street. He further stated that privatization of the area was a separate issue from the street maintenance. (d) Dr. Frank Arguello, 31681 Peppertree Bend, advised that there were many Peppertree Bend residents who were opposed to privatizing the street; and, that there was no agreement within the association relative to the percentage of votes required to approve the project. 2. COMPLAINTS RELATIVE TO USES AT GIDDINGS PRODUCE STAND/REQUEST FOR GENERAL PLAN AMENDMENT (CONDITIONAL USE PERMIT 81-2)_(460.70/440.25) The following persons addressed Council regarding uses occurring at the Giddings Fruit Stand on Ortega Highway and the potential for a rezone of the property: (a) Charles Salisbury, 30522 Hilltop Way, presented a letter dated June 17, 1997, which indicated opposition from adjacent neighbors to a proposed rezoning of the property. Mr. Salisbury expressed concern that the Giddings Fruit Stand was in violation of ' many of its original conditions of approval and that a commercial zoning of the property would further degrade the residential aspects of the area. He requested that City Council Minutes -3- 6/17/97 213 214 the fruit stand be maintained as a conditional use, controlled by the original conditions of approval, and that the residential zoning remain in place. The City Manager advised that the City was in the process of pursuing the violations. He further stated that no rezoning application had been submitted to the City, although the property owners had expressed an interest in doing so; and, a study of the neighborhood commercial designation in that area may be appropriate. (b) Larry Parker, 5 Strawberry Lane, spoke in opposition to a commercial rezone of the Giddings Ranch property because of negative impacts to the adjacent rural residential neighborhood and an increase in conflicting traffic movements. He indicated that the residents did not need or want any type of commercial rezone and requested that the "floating" neighborhood commercial designation be removed from the General Plan. (c) Scott Souders, one of the owners of the Giddings Fruit Stand, indicated that they had discussed with City staff the possibility of a rezone; however, it now appeared that such an action would not be appropriate. He stated that although an application had not yet been made to the City, they would withdraw from pursuing an application at this time. He indicated that they wished to propose modification to the Conditional Use Permit, but would meet with neighbors first to their obtain input. He further indicated that he and Tom Lewis, co-owner, were working with the Health Department to resolve the violations. (d) Ernest Brown, 30632 Shadetree Lane, stated there were recognized traffic problems at the eastern entrance to the City on Ortega Highway. He expressed concern that traffic entering the City from the east was immediately expected to reduce speeds; however, the enforcement was occurring 6-8 blocks within the City limits. He felt that any expansion of the Giddings Fruit Stand would require the installation of a traffic signal and intersection improvements, which would destroy the ambiance of the area. Direction to Staff: With the consensus of Council, the Mayor directed staff to return at a future meeting with an initiation of a General Plan Amendment study regarding the appropriateness of a potential neighborhood commercial designation in the general area of the Giddings Fruit Stand. The City Manager was also directed to work with Caltrans relative to the speed limits at the Ortega Highway entrance to the City. 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: City Council Minutes -4- 6/17/97 215 ' AYES: Council Members Jones, Greiner, Campbell, and Mayor Swerdlin NOES: None ABSENT: Council Member Hart The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF MAY 20 1997 The Minutes of the Regular Meeting of May 20, 1997, were approved as submitted. c I ar 1_ . • 9PIWIZEM•' 11 11 The List of Demands dated June 4, 1997, in the total amount of $153,714.77, was ordered received and filed. 4. RECEIVE AND FILE INVESTMENTS AS OF MAY 1997 (350,30) ' The City Treasurer's Report of Investments as of May, 1997, in the total amount of, $14,222,542.34, was ordered received and filed. 5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated June 17, 1997, from the Planning Director, advising that three new application had been received since the last Report on May 20, 1997, was ordered received and filed. 6. AWARD OF CONTRACT - CAMINO CAPISTRANO AND AVENIDA PADRE TRAFFIC SIGNAL INSTALLATION (DBX. INC L(600,30) As set forth in the Report dated June 17, 1997, from the Engineering and Building Director, the contract to install a traffic signal at the intersection of Camino Capistrano and Avenida Padre was awarded to the lowest responsible bidder, DBX, Inc., in the amount of $92,761.00. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. I As set forth in the Report dated June 17, 1997, from the Engineering and Building Director, Funding Contract No. 75V434 with Caltrans for the Multi -Modal Parking Deck, was City Council Minutes -5- 6/17/97 216 extended to June 30,1998. The Mayor was authorized to execute the agreement on behalf of the City. RESOLUTION CERTIFYIN THE CITY'S PAVEMENT MANAGEMENT PROGRAM (820.25) As set forth in the Report dated June 17, 1997, from the Engineering and Building Director, the following Resolution was adopted certifying the existence of the City's Pavement Management Program: RESOLUTION NO 97-6-17-1. PAVEMENT MANAGEMENT PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE EXISTENCE OF A PAVEMENT MANAGEMENT PROGRAM Staff was authorized to submit the Measure M eligibility package As set forth in the Report dated June 17, 1997, from the Acting Director of Public Lands and Facilities, the License Agreement with South Coast Farms for management of the Kinoshita Farm Agricultural Preserve for the period of July 1, 1997, through June 30, 1998, at a compensation to the City and Agency in the amount of $44,000, was approved. The Mayor and the Chairman of the Redevelopment Agency were authorized to execute the agreement. The following items were removed from the Consent Calendar: Mayor Swerdlin advised that the "Deferral of Development Taxes and Fees Agreement," with Fluidmasters, Inc., which would allow deferral of approximately $498,208 in development fees and taxes for a period of not more than 365 days from the date of issuance of a formal Certificate of Occupancy, had been withdrawn from consideration at this meeting. Written Communications: Report dated June 17, 1997, from the Planning Director. City Council Minutes -6- 6/17/97 1 The City Manager's approval was confirmed to transfer assignment of the Development Agreement for the Pacific Point portion of the Forster Canyon Planned Community from CWC, Incorporated, who purchased the "Pacific Point" property, to their designated entity, SJD Partners, Ltd. SJD Partners, Ltd. is a California limited partnership formed by SunCal Companies, who will develop the property and carry forth the rights and obligations contained in the agreement. This action is consistent with Council direction of June 3, 1997. Council Member Campbell abstained due to a potential conflict of interest relating to the proximity of the project to her residence. 11105 9 _i I J ♦ • • : �_ �_� • • • • 1 1 Proposal: Consideration of proposed operating budget for Fiscal Year 1997-98, as continued from the meeting of June 3, 1997. Written Communications: Report dated June 17, 1997, from the Administrative Services Director, providing an overview of General Fund revenues and expenditures, the Water Enterprise Operating Fund Budgets, and other Operating Fund Budgets. The Public Hearing will be continued for recommended adoption on July 1, 1997. The Director of Administrative Services made an oral presentation. Continuation of Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing and, there being no response, it was moved by Council Member Jones, seconded by Council Member Greiner and carried with Council Member Hart absent, to continue the Public Hearing to the meeting of July 1, 1997. 2. REVIEW OF CAPITAL IMPROVEMENT BUDGET FOR THE SEVEN YEARS BEGINNING JULY 1. 1997 AND ENDING JUNE 30. 2004 (330.40) Proposal: Consideration of proposed 1997-2004 Capital Improvement Program Budget, as continued from the meeting of June 3, 1997. Written Communications: Report dated June 3, 1997, from the Engineering and Building Director, forwarding the proposed 7 -year Capital Improvement Program, which also includes Water District projects. The Public Hearing will be continued for recommended adoption on July 1, 1997. City Council Minutes -7- 6/17/97 217 218 The Director of Engineering and Building made an oral presentation. A pie chart indicating the 1997-98 Capital Improvement Major Fund Groups was on display. Continuation of Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing and, there being no response, it was moved by Council Member Jones, seconded by Council Member Campbell and carried with Council Member Hart absent to continue the Public Hearing to the meeting of July 1, 1997. RECESS AND RECONVENE Council recessed at 8:02 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:09 p.m. ADMINISTRATIVE ITEMS APPROVAL OF REVISIONS TO CONDITIONS OF APPROVAL OF ACCESSORY USE PERMIT FOR THE TEAHOUSE ON LOS RIOS DELETING REQUIREMENT FOR DEDICATION OF PEDESTRIAN ACCESS EASEMENT (31731 LOS RIOS STREET - NICCOLA/RODMANu400 30) Council Member Jones noted he would abstain from voting on this matter due to a conflict of interest relating to the proximity of his business/residence to the project. Pro : Consideration of a request from Allan and Claudia Niccola to delete a condition of approval for the accessory use permit which approved January 21, 1997, to allow the sale of alcoholic beverages at the proposed "Tea House on Los Rios." The condition, Condition No. 9 in Resolution No. 97-1-21-2, pertained to dedication of a pedestrian access easement across the property between the public parking lot and Los Rios Street. Applicants: Allan and Claudia Niccola, 26811 Lariat Circle, San Juan Capistrano, CA 92675 Written Communications: (1) Report dated June 17, 1997, from the Planning Director, recommending deletion of the subject condition. (2) Memorandum dated June 17, 1997, from the Planning Director, indicating that staff had been requested to prepare a proposed condition of approval which would address the issue of commercial traffic on Los Rios Street associated with the proposed use. Staff recommended pursuing an off-site parking agreement with the applicants which _ would potentially reduce business traffic on Los Rios Street. City Council Minutes -8- 6/17/97 219 I Bill Ramsey, Senior Planner, made an oral report, and discussed the proposed alternate condition of approval. Public Input: Mr. Niccola advised that the applicants would agree to the alternate condition relating to an off-site parking agreement. Deletion of Condition of Approval Relating to Pedestrian Access Easement: It was moved by Council Member Campbell, seconded by Council Member Greiner that the following Resolution be adopted with a substitute Condition No. 9 relating to pursuit of an off-site parking agreement: RESOLUTION NO. 97-6-17-2_ APPROVING MITIGATED NEGATIVE DECLARATION AND ACCESSORY USE PERMIT FOR PROPERTY LOCATED AT 31731 LOS RIOS STREET (NICCOLA/RODMAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING AN ACCESSORY USE PERMIT FOR THE "TEA HOUSE ON LOS RIOS STREET" FOR PROPERTY LOCATED AT 31731 LOS RIOS STREET AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL NUMBER 121-143-06 AND RESCINDING RESOLUTION NO. 97-1-21-2 (NICCOLA/RODMAN) The motion carried by the following vote: AYES: Council Members Greiner, Campbell and Mayor Swerdlin NOES: None ABSTAIN: Council Members Jones ABSENT: Council Member Hart PUBLIC LANDS AND FACILITIES DIRECTOR 1. AWARD OF CONTRACTS - CITY BUILDING AND FACILITIES MAINTENANCE (,VOCATIONAL VISIONS)(600.30) Written Communications: (1) Report dated June 17, 1997, from the Acting Public Lands and Facilities Director, ' recommending award of 2 -year contracts to maintain City buildings, facilities and restrooms as follows: (1) City Buildings and Facilities to Vocational Visions in the City Council Minutes -9- 6/17/97 220 amount of $29,187 per year; and, (2) City Park Restroom Facilities to Advanced Building Maintenance in the amount of $18,000 per year. The City buildings and facilities included City Hall, the Capistrano Valley Water District building, the Hot Springs Dance Hall, the La Sala Auditorium, and the Community Services complex. The City park restroom facilities included restrooms located at Marco Forster Middle School, Descanso Park, El Camino Real Park, Cook Park/La Novia, the Cook Park ball fields, the railroad platform, and the Sports Park. (2) Letter dated June 13, 1997, from Michael H. Farman, All Points Maintenance, 10934 Portal Drive, Los Alamitos, California 90720, requesting that the staff recommendation be reconsidered and the bids be awarded to All Points Maintenance, as the lowest bidder on both contracts. The City Manager make an oral presentation, noting that while Vocational Visions currently provides both services to the City, staff had recommended that the restroom facilities contract be awarded to Advanced Building Maintenance for the ensuing two years due to the $12,000 difference between their bid and the bid of Vocational Visions. Public Input: Ilse Byrnes, P. O. Box 1029, San Juan Capistrano, California 92693, spoke in support of awarding both bids to Vocational Visions. She advised that monies received on the contracts went directly to the individuals performing the work so that they may establish an independent lifestyle. If one of the maintenance contracts was not renewed, it would mean that some of the individuals would return to group home living. She expressed pride that San Juan Capistrano was the first City in south Orange County to use the services of Vocational Visions, which hires developmentally disabled persons. Council Members concurred in their support of using the services of disabled persons who were working to help themselves. Award of Contracts: It was moved by Council Member Jones, seconded by Council Member Campbell and unanimously carried with Council Member Hart absent, to award the contracts for custodial maintenance services for the two-year period of July 1, 1997, through June 30, 1999, with a 2 -year renewal option as follows: (1) City Buildings and Facilities to Vocational Visions in the amount of $29, 187 per year; and, (2) City Park Restroom Facilities to Vocational Visions in the amount of $30,976 per year. City Council Minutes -10- 6/17/97 221 2. APPROVAL OF LICENSE AND REIMBURSEMENT AGREEMENT FOR ' LANDSCAPE IMPROVEMENTS AT ORTEGA HIGHWAY AND RANCHO VIEJO ROAD (SEASONS SENIOR HOUSING PROJECT/KAUFMAN AND BROAD) (SAN JUAN CAPISTRANO HOUSING INVESTORS_ L.P.) (600,60) Written Communications: Report dated June 17, 1997, from the Acting Director of Public Lands and Facilities, advising that cost factors had prevented the repair of a main line water break serving landscape irrigation along the southwest intersection of Ortega Highway and Rancho Viejo Road. San Juan Capistrano Housing Investors, L.P./Kaufinan and Broad, developers of the senior apartment complex at that location, had proposed to install additional landscape improvements in the City right-of-way on the southwest corner of Ortega Highway and Rancho Viejo Road, and to provide the water and maintain the improvements in exchange for a City contribution of $5,000 toward the estimated $10,000 improvement cost. The Report advised that the proposed License and Reimbursement Agreement for the improvements would save approximately $8,000 in funds to repair the water line break and $1,640 per year in maintenance and water costs. Jack Galaviz, Maintenance Superintendent, made an oral report. Approval of License and Reimbursement Agreement: It was moved by Council Member Jones, seconded by Council Member Greiner and carried ' with Council Member Hart absent, to approve the License and Reimbursement Agreement with San Juan Capistrano Housing Investors, L.P. The Mayor and City Clerk were authorized to sign the Agreement on behalf of the City. The City Clerk was directed to forward the Agreement to the Orange County Recorder's Office. • alai 1►1 I �.'1����'7 1. APPROVAL OF REQUEST FOR TEMPORARY USE OF AMPLIFICATION AT THE SAN JUAN CAPISTRANO SPORTS PARK. HAUSDORFER FIELD. JULY 5 THROUGH JULY 12. 1997 (SAN JUAN CAPISTRANO LITTLE LEAGUE) 920.10 Written Communications: Report dated June 17, 1997, from the Community Services Director, forwarding a request from the San Juan Capistrano Little League to use amplification while hosting the 13 -year-old National All-Star Tournament at the San Juan Capistrano Sports Park Hausdorfer Field from July 5 - July 12, 1997. A Sports Park Plan was on display and the Community Services Director made an oral report. Mr. King advised that Little League would be using a one -speaker system, similar to the City's system, and displayed the City's speaker. He advised that City staff had conducted a ' test with the City's system and found no negative impacts. City Council Minutes -11- 6/17/97 222 Anoroval of Amplification Usage: It was moved by Council Member Campbell, seconded by Council Member Jones and carried with Council Member Hart absent, to: (1) approve the temporary use of amplification at the San Juan Capistrano Sports Park, Hausdorfer Field from July 5 through July 12, 1997, in conjunction with the Little League tournament, (2) approve a 9:30 p.m. curfew on the use of amplification; and, (3) direct the Community Services Department to monitor the use of amplification during the first few days. Staff was authorized to discontinue its use should it be found to negatively impact neighboring residences. ORDINANCES - None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority (SERRA) (1040.60) Council Member Jones advised that the Finance Committee had met this date and SERRA was under budget for the current fiscal year. He also noted that the Fiscal Year 1997-98 budget had been adopted. b. San Juan Basin Authority (1050,60) Council Member Jones advised that the Authority had met this date and the water rights issues was not yet resolved because Santa Margarita Water District had made an application for water rights. C. Orange CouM Joint Fire Authority 540,80) Council Member Greiner advised that a budget workshop and a closed session on labor negotiations had occurred at the June 11th meeting. d. Library Advisory Committee (950,20) Council Member Greiner reported that on June 12th the Executive Committee had made recommendations to the Board of Supervisors regarding the use of approximately $1.1 million in State monies that will be allocated to the County library system. He indicated that the additional funding should allow the San Juan Capistrano library to remain open six day a week. City Council Minutes 12- 6/17/97 e. Orange County Vector Control District (560.50) Mayor Swerdlin reported that the District was financially sound. He noted that the vector of the month was the Horse and Deer fly. Adjournment of Meeting (610.40). Council Member Campbell noted that former Council Member Gary Hausdorfer had sustained serious injuries in a recent horseback riding accident. It was moved by Council Member Campbell, seconded by Council Member Greiner and unanimously carried to adjourn the meeting in honor of former Mayor and Council Member Gary Hausdorfer and to wish him rapid healing and a speedy recovery. 2. 4th of July Celebration (150 .60) Community Services Director Al King invited and encouraged community attendance at the City's 4th of July Celebration beginning at 2:00 p.m., at the Sports Park and culminating in a fireworks show at 9:00 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:45 p.m. to the next regular meeting date of Tuesday, July 1, 1997, at 5:00 p.m. in the City Council Chambers. ATTEST: i DAVID ,i br - MAYOR City Council Minutes Respectfully submitted, 13- CITY CLERK 6/17/97 223