97-0701_CC_Minutes_Regular Meeting225
' JULY 1, 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.
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
MEETINGS UNTIL 7:00 P.M.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Swerdlin at 7:03 p.m. in the City Council Chamber, followed by the Pledge of
' Allegiance to the Flag. Invocation was given by Ryan Newman, Youth Minister, St. Margaret's of
Scotland Episcopal Church.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collett Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative
Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson,
Planning Director; Al King, Community Services Director; Lt. Paul Sullivan, Orange County Sheriffs
Department; Gillian Rampley, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Swerdlin announced there were no actions to report on the City Council Closed Session items.
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INTRODUCTION PRESENTATIONS AND DONATIONS —
1. PRESENTATION TO LARRY BUCHHEIM (610.401
Written Communications:
Report dated July 1, 1997, from the Council Services Administrator, advising that former
Council Member Larry Buchheim had resigned from positions he had held as an Alternate on
the SouthEast Regional Reclamation Authority Board, the San Juan Basin Authority Board,
and the City's Flood Plain Management Committee.
Mr. Buchheim was present at the meeting. Mayor pro tem Gil Jones, Chairman of the Water
District, introduced Mr. Buchheim and presented him with a plaque from the Water District
and Basin Authority, thanking him for the outstanding service he has given and advising that
he will be greatly missed. Mr. Buchheim spoke and thanked the Mayor and City Council and
his "sounding board", Manny the Donkey, who was also present at the meeting.
Mr. Dave Carretto, General Manager of the SouthEast Regional Reclamation Authority
Board, also spoke and thanked Mr. Buchheim for his outstanding contribution. He presented
Mr. Buchheim with a plaque and clock from the Authority.
Mayor Swerdlin spoke and outlined Mr. Buchheim's many years of service to the City,
including service as a Council Member, Mayor and as appointee to many agencies, as well as _
being a primary force in the move to City incorporation. He thanked Mr. Buchheim for his
tireless work and for being an invaluable member of the City. He presented Mr. Buchheim
with a water bucket fountain as a token of appreciation.
Council Members Campbell, Greiner and Hart also spoke to offer their thanks; to publicly
acknowledge Mr. Buchheim's generosity and volunteerism and to acknowledge his part in
their decisions to become part of the City government.
Mr. Buchheim concluded by telling the Council that he felt blessed receiving the special gift
of being able to participate in the City, its incorporation and its progress.
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110 10)
Council Member Greiner introduced the following persons in attendance: Lee Buser and Don
Tryon (Cultural Heritage Commission); Ilse Byrnes and Robert Cardoza (Parks, Recreation
and Equestrian Commission); Bonnie Holt (Transportation Commission); Jessica Dean, Janice
Palermo and Marie Buckner (Housing Advisory Committee); Former Mayors Phil Schwartze,
Roy Byrnes and Larry Buchheim; and, Al Simmons (Seniors Liaison to City).
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ORAL COMMUNICATIONS
' (CITY COUNCIIJCOMMUNITY REDEVELOPMENT AGENCY)
1. FIELD MAINTENANCE FOR SAN JUAN CAPISTRANO LITTLE LEAGUE
(530,40)
Warren Michaelis, 28461 Via Ordaz, advised that there was an upcoming All-Star
Tournament being hosted at the Sports Park and he felt that Hausdorfer Field was in poor
condition. He also felt that the Major Field was not being watered and maintained correctly.
He requested that the City look at the problem with the utmost urgency.
City Manager George Scarborough advised that he would evaluate the situation immediately
and report back.
Additionally, Mr. Michaelis addressed the Ortega Highway Mitigation Program, listed later
on the Agenda, and suggested the City should consider opening the I-5 freeway underpass
at the Marbella shopping center to relieve congestion on Ortega Highway at the freeway on -
ramps.
2. CERTIFICATE OF APPRECIATION FOR CITY (610.40)
Jack Campbell and Robert Culver, of Veterans of Foreign Wars Post 3801 in San Juan
' Capistrano, presented the City with a Certificate of Appreciation for the Mayor, Council and
City Manager, City Clerk and Community Services Director for their help and support for
Veterans, especially the local Post of the Veterans of Foreign Wars.
3. VOCATIONAL VISIONS CONTRACT (600.30)
Ilse Byrnes, representing Vocational Visions, introduced three members of that organization,
John, Scott and Kim, who each expressed appreciation to the City Council for renewing the
contract for maintenance of City facilities and park restrooms.
4. FLUIDMASTERR INC. (800.50)
Tom Merrell, Civic Solutions, spoke on behalf of Fluidmaster, Inc., and expressed
appreciation to City Staff for expediting the grading and foundation permits which allowed
Fluidmaster to secure this fiscal year's Transportation Corridor fees. He extended special
thanks to George Scarborough, Bill Huber and Dan McFarland.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Greiner, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
' carried by the following vote:
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AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSENT: None
1. MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF JUNE 3. 1997
The Minutes of the Regular Meeting of June 3, 1997, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JUNE 18,1997 (3QL3Oj
The List of Demands dated June 18, 1997, in the total amount of $463,001.18, was ordered
received and filed.
4. ESTABLISHING "NO PARKING" ZONE - SOUTH SIDE OF SAN JUAN CREEK
ROAD WEST FROM AVENIDA LA MANCHA (570.30)
As set forth in the Report dated July 1, 1997, from the Engineering and Building Director,
the following Resolution was adopted approving installation of a "No Parking" zone on the
south side of San Juan Creek Road west from Avenida La Mancha 630 feet:
RESOLUTION NO 97-7-1-1. ESTABLISHING "NO P
ANYTIME" ZONE - SAN JUAN CREEK ROAD WEST FROM AVENIDA
LA MANCHA - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A
"NO PARKING ANYTIME" ZONE ON THE SOUTH SIDE OF SAN
JUAN CREEK ROAD WEST FROM AVENIDA LA MANCHA
5. APPROVAL OF AGREEMENT WITH TRAUMA INTERVENTION PROGRAM.
INC (600.30)
As set forth in the Report dated July 1, 1997, from the Chief of Police Services, the
agreement with Trauma Intervention Programs, Inc., for volunteer trauma intervention
response to critical incidents, was approved for Fiscal Year 1997-98 in the amount of
$3,396.72.
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. .. � � • e���ui�1►i17��I3����XYI�Celei7l•. �IT.���I(y��
As set forth in the Report dated July 1, 1997, from the Chief of Police Services, the
Amendment to the Agreement for School Crossing Guard Service was approved for services
at three elementary schools for the period of July 1, 1997 through June 30, 1998, in the
amount of $31,814.
7. EXTENSION OF CONTRACT FOR AUDIT SERVICES (DIEHL. EVANS AND
COMPANY) (600.30)
As set forth in the Report dated July 1, 1997, from the Administrative Services Director, a
one-year extension of the Agreement for Annual Audit Services was approved to perform the
Fiscal Year 1996-97 annual audit in the amount of $18,875.
8. ESTABLISHMENT OF DEFERRED COMPENSATION PLAN (LINCOLN
NATIONAL CORPORATION) (720.30)
As set forth in the Report dated July 1, 1997, the following Resolution was adopted
authorizing the City to establish a new deferred compensation plan to be administered by
Lincoln National Corporation:
' RESOLUTION NO, 97-7-1-2. ESTABLISHING A DEFERRED
COMPENSATION PLAN WITH LINCOLN NATIONAL
CORPORATION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALFIORNIA, ESTABLISHING A
457 DEFERRED COMPENSATION PLAN WITH LINCOLN NATIONAL
CORPORATION
The following item was removed from the Consent Calendar:
AGREEMENT FOR DEFERRAL OF DEVELOPMENT TAXES AND FEES
(ELUIDMASTERS. INC.. 30800 RANCHO VIEJO ROADS (600.30)
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.
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PUBLIC HEARINGS
ADOPTION OF THE OPERATING BUDGET FOR FISCAL YEAR BEGINNING
JULY Y 1 1997, AND ENDING JUNE 30. 1998 (330.20) (CONTINUED FROM
JUNE 17. 1997)
Proposal:
Continued review of the proposed Fiscal Year 1997-98 Operating Budget.
Written Communication:
Report dated July 1, 1997, from the Administrative Services Director, recommending that the
proposed City Operating Budget for Fiscal Year 1997-98 be adopted as submitted and
expenditures authorized in the amount of $24,293,070.
Public Hearing:
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.
Adoption of Resolution Approvingthe heOOperatingB`deet for Fiscal Year 1997-98:
It was moved by Council Member Jones, seconded by Council Member Greiner, that the
following Resolution be adopted:
RESOLUTION NO, 9.7-7-1-3. ADOPTION OF FISCAL OPERATING
BUDGET 1997-98 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
PROPOSED OPERATING BUDGET AND AUTHORIZING
EXPENDITURES AND APPROPRIATIONS RELATED THERETO
The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
2. ADOPTION OF CAPITAL IMPROVEMENT PROGRAM BUDGET FOR TI4E
SEVEN YEARS BEGINNING JULY 1. 1997_ AND ENDING JUNE 30. 2004
(330 40) (CONTINUED FROM JUNE 17. 1997)
Proposal:
Continued review of the draft Seven -Year Capital Improvement Program for fiscal years 1997
through 2004.
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Written Communication:
Report dated July 1, 1997, from the Director of Engineering and Building, recommending that
the seven-year CIP program be adopted as revised, with expenditures totaling $8,696.757 in
Fiscal Year 1997-98 and $36,284,901 for the seven-year period.
Mr. Huber advised that the Del Avion Parkway Landscape improvements had not been
completed in Fiscal Year 1996-97. He requested that the $26,000 allocated for that project
be carried over to the Fiscal Year 1997-98 Capital Improvement budget.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving Seven -Year Capital Im$rovement Program:
It was moved by Council Member Greiner, seconded by Council Member Jones, that the
following Resolution be adopted as amended to include the carry over of $26,000 into Fiscal
Year 1997-98 for the Del Avion Parkway Landscape improvements:
RESOLUTION NO, 97-7-2-4_ ADOPTING 1997-2004 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 1997-2004 SEVEN-YEAR CAPITAL IMPROVEMENT
PROGRAM
The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
The amended resolution authorized expenditures of $8,722,757 in Fiscal Year 1997-98, with
total expenditures for the seven-year period of $36,310,901.
INTRODUCTION OF ORDINANCE AMENDING TITLE 9. CHAPTER 7 -
RESIDENTIAL GROWTH MANAGEMENT L420.30)
' Proposal
Consideration of amendments to the existing Residential Growth Management regulations to
remove constraints on the creation of affordable housing opportunities and to fulfill the goals
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232
and objectives of the recently adopted and certified Housing Element of the General Plan.
The amendments would exempt low- and very low-income residential projects with long-term
affordability agreements from the City's growth management regulations.
Applicant:
City of San Juan Capistrano
Written Communications:
Report dated July 1, 1997, from the Planning Director, providing background and an analysis
of the proposed amendment and forwarding the amended regulations.
Mr. Tomlinson made an oral presentation, outlining the Residential Growth Management
provisions and indicating that language modifications to those provisions had been prepared
to exempt those projects with long-term affordability agreements with the City and to modify
the point rating criteria. He felt that both actions should encourage the wide range of housing
opportunities envisioned by the General Plan.
Public Hearine:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing and
the following persons responded:
(1) Pauline Leonard, 27589 Brookside Lane, spoke in support of the Amendment and
commended Mr. Tomlinson and staff for removing barriers to affordable housing.
There being no further response, Mayor Swerdlin closed the hearing with the right to reopen
at any time.
Introduction 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 introduced:
AMENDING TITLE 9CHAPTER 7 OF THE MUNICIPAL CODE
ENTITLED RESIDENTIAL GROWTH MANAGEMENT -
AFFORDABLE HOUSING - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9,
CHAPTER 7 OF THE MUNICIPAL CODE ENTITLED RESIDENTIAL
GROWTH MANAGEMENT PER GENERAL PLAN AMENDMENT 93-
2, TO ESTABLISH AN EXEMPTION FOR AFFORDABLE HOUSING
PROJECTS WHICH INCORPORATE LONG-TERM AFFORDABILITY
AGREEMENTS PER MUNICIPAL CODE SECTION 9-3.511 AND
OTHER MISCELLANEOUS TEXT MODIFICATIONS
The motion carried by the following vote:
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' AYES: Council Members Jones, Greiner, Hart, Campbell, and Mayor
Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:52 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:53 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF FOURTH AMENDMENT TO LAW ENFORCEMENT
SERVICES AGREEMENT (600.50)
' Written Communications:
Report dated July 1, 1997, from the City Manager, forwarding the fourth amendment to the
five-year law enforcement services agreement with the County. The agreement set forth the
costs and service levels for Fiscal Year 1997-98. The Report advised that there were no
direct staffing or service level increases.
Mr. Scarborough made an oral presentation, advising there would be an overall cost increase
of 2.3%, due mainly to continuation of a full year of salary for the two deputy sheriff positions
added at mid -year last year. He added that overall costs included in this Amendment had
decreased from the past year, the only reason for the increase was the additional six months
salary for the two deputies added at mid -year.
Council Discussion:
Following Mr. Scarborough's presentation, Mayor Swerdlin and Council Member Hart
indicated that they would like additional discussion and clarification concerning the three
additional positions planned by the County, especially concerning the utility driver position.
Mr. Scarborough indicated that the County was adding 3 additional positions in their General
Administration Division, costs of which would be shared by the County and south County
contract cities. He finther indicated that the utility driver position actually represented a cost
savings. Lt. Sullivan explained that the utility driver position had become necessary because,
since construction of the new substation in Aliso Viejo, patrol time was being lost due to the
need for officers to transport cars to the maintenance facilities five miles away. Council
Member Hart and Mayor Swerdlin raised objections to City funds being used for this new
position. Council Member Jones explained that, as he saw it, the County was responsible for
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234
making its administrative decisions and, despite the added positions, and except for the full -
year salaries, the City's costs had, in fact, decreased.
After further discussion, Council Member Campbell suggested that, in light of the great
service of the Sheriff's Department, the City should renew the contract and, if necessary,
evaluate individual details at a later date and then request a further amendment. Council
Member Hart indicated that his main concern was to consider any means that could reduce
the contract cost to the City. The City Attorney suggested that the Agreement be approved
as presented and the items of concern negotiated for a future amendment to the Agreement.
Approval of Fourth Amendment:
It was moved by Council Member Campbell, seconded by Council Member Greiner to
conditionally approve the Fourth Amendment to the Agreement for Law Enforcement
Services to provide for a continuation of services for Fiscal Year 1997-98 in the amount of
$3,193,514, with direction that there are items of concern that the Council wishes to negotiate
with the Sheriffs Department. The motion carried by the following roll call vote:
AYES: Council Members Greiner, Hart, Campbell and Mayor Swerdlin
NOES: Council Member Jones
ABSTAIN: None
ABSENT: None
Council Member Jones indicated he had opposed the motion because he felt the contract
should be accepted unconditionally. Council Member Hart indicated that his concern
centered only on the utility driver. With regard to a proposed amendment to the City's
Agreement, he felt that the commercial enforcement vehicle was not functioning properly and
could be deleted. Ortega Highway is a State Highway and he felt the California Highway
Patrol should assume commercial vehicle enforcement responsibility. He further indicated he
would prefer to allocate any savings to acquiring another officer.
2. APPROVAL OF OPERATION AND MAINTENANCE AGREEMENT
(CAPISTRANO VALLEY WATER DISTRICT) (600.30)
Written Communications:
(1) Report dated July 1, 1997, from the City Manager, forwarding the proposed
agreement which would retain the services of the City as an independent contractor
to perform the day-to-day operations on behalf of the Capistrano Valley Water
District, including rate setting and budgeting. Assets and liability of the District
would remain as such, but be managed by the City. District employees would be
transitioned to the City work force. The Report advised that the merger would
initially reduce the cost of water service by $198,000, and the cost of the general City
operation by $88,000.
(2) Revised Operations and Maintenance Agreement containing Exhibits A and B.
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' Mr. Scarborough made an oral presentation, reiterating the Report's outline of savings.
Council Discussion:
Mayor Swerdlin advised that the Water District had modified their motion of approval. In
response, the City Attorney advised that the Agreement now included insurance provisions
and protections requested by the Joint Powers Insurance Authority. The City Manager noted
staff had been directed to return within 60-90 days with a review of language suggested by
the Water Advisory Commission.
Approval of Agreement:
It was moved by Council Member Greiner, seconded by Council Member Jones, and
unanimously carried to approve the Operation and Maintenance Agreement between the City
and the Capistrano Valley Water District. Staff was directed to return to Council in 60-90
days with a review of the language suggested by the Water Advisory Commission.
RESOLUTION AMENDING CLASSIFICATION AND COMPENSATION PLAN -
CONSOLIDATION OF CAPISTRANO VALLEY WATER DISTRICT
POSITIONS (700.20)
Written Communications:
(1) Report dated July 1, 1997, from the City Manager, forwarding a Resolution which
would create new positions in the City's Classification Plan to accommodate the
transfer of the Capistrano Valley Water District employees to City employment.
' (2) Revised Exhibit "A."
Julia Rushing, Management Analyst 11, made an oral presentation, outlining the new positions
which needed to be created in the Classification Plan and recommending approval of the
proposed amendments.
LJ
Adoption of Resolution:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO, 97-7-1-5. AMENDING RESOLUTION NO. 94 -12 -6 -5 -
THE ITY'S PERSONNEL CLASSIFICATION AND�COMPENSATION
PLAN (CAPISTRANO VALLEY WATER DISTRICT) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S
PERSONNEL CLASSIFICATION AND COMPENSATION PLAN
RELATING TO MERGER OF THE CAPISTRANO VALLEY WATER
DISTRICT EMPLOYEES INTO CITY EMPLOYMENT
The motion carried by the following vote:
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235
PWI
AYES: Council Members Jones, Greiner, Hart, Campbell, and Mayor
Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
PLANNING DIRECTOR
1. RESOLUTION ACCEPTING THE ORTEGA HIGHWAY MITIGATION
PROGRAM FINAL REPORT AND IMPLEMENTATION OF
RECOMMENDATIONS (800.20)
Written Communications:
Report dated July 1, 1997, from the Planning Director, forwarding the Ortega Highway
Mitigation Program final report prepared to address traffic and noise impacts along Ortega
Highway associated with the County's importation of solid waste from San Diego County to
the Prima Deshecha Landfill. The final report includes a summary of the traffic and noise
impact analyses; an analysis of possible solutions to address those impacts; and, a list of
alternative implementation programs. Recommended actions include funding additional traffic
enforcement; funding sound -rated windows; funding modifications to the lane
striping/configuration at the I-5/Ortega interchange; establishing an Ortega Highway Ad Hoc
Committee; and, pursuing other available options to address Ortega Highway impacts. Four
public workshops had been held to receive public input. The recommended Level 1
implementation program consists of the following three mitigation measures, totalling
$1,150,000: (a) install of sound -rated windows for 136 homes directly adjoining Ortega
Highway ($650,000); (b) fund an additional police officer for traffic and vehicle code
enforcement ($480,000; and, (c) modify the lane striping configuration at I-5/Ortega to
provide additional stacking capacity to the I-5 southbound on-ramp ($20,000).
Bill Ramsey, Senior Planner, made an oral presentation, outlining the source of funds; tipping
fee; the scope of the mitigation program; noise/traffic control; and, the public review process
consisting of four workshops held between October 1996 and May 1997. He discussed the
recommendations as outlined in the Report; the possibilities of other funding sources for
pavement maintenance and rehabilitation; the City possibly pursuing a truck noise dampening
retrofit program; and pursuing regulatory changes such as additional conditions to sand/gravel
permits.
Council Discussion:
Council Member Campbell felt that the major problem was the uneven pavement on Ortega
Highway and questioned what could be done to quickly remedy that situation. Mr. Ramsey _
indicated that a sample letter had been sent to residents which could be used to urge State and
County legislative contacts to support a program for funding Ortega Highway improvements,
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237
such as shifting current Measure M funds from the realignment of Ortega Highway in the
downtown to improvements east of I-5. Mr. Huber indicated that staff was working with
Assemblyman Morrow and Caltrans to allocate $500,000 in Caltrans funds for maintenance
and rehabilitation of Ortega Highway to an earlier year. Council Member Campbell stated
that the City needed to take a tough stance to get the needed roadway maintenance. Council
Member Greiner concurred, stating that he felt roadway rehabilitation would be the most
significant action to mitigate traffic noise.
Council Member Jones inquired what the time frame would be for transferring Measure M
funds from the downtown Ortega Highway realignment. Mr. Huber advised that diverted
Measure M funds would have to be used for roadway widening and capacity improvements;
that staff had been working with the Orange County Transportation Authority to transfer
funds, but that the Orange County Transportation Authority staff had not agreed with
transferring funds due to concerns with the Measure M ordinance. He advised that City staff
had appealed that decision.
Mayor Swerdlin brought up the issue of utility trenches settling below the road surface level
and the possibility of providing clauses in future contracts to make such repairs the
responsibility of the utility companies. Mr. Scarborough advised that there has been
legislative action in that area and an update would be provided on what could and could not
be accomplished.
' Public Input:
(1) Carl Godfrey, 31281 Belford Drive, advised he lived at the corner of Belford Drive
and Ortega Highway. He expressed his concern at the noise level of sand and gravel
trucks travelling the roadway between the hours of 3:00 a.m. and 5:00 a.m. He
inquired why the City had not attempted to bring the Ortega Highway under City
control.
Mr. Ramsey explained that the City of Moreno Valley had acquired control over a previous
State Highway because it was no longer needed as State right-of-way. He noted that from
a regional standpoint, there were no other viable connections from Riverside County between
the 91 freeway and northern San Diego County. He felt that any attempt to bring Ortega
Highway under City control would be opposed by individuals using Ortega Highway from
Riverside County, by Orange County who operates the landfill, and business along Ortega
Highway outside the City limits.
The City Manager noted that attempting to acquire control of Ortega Highway would focus
attention on the issues, and there was a consensus of Council to direct staff to work with the
City's legislative representatives to sponsor legislation to convert Ortega Highway to the
City's control.
Warren Michaelis had submitted a Request to Speak slip, but had made his comments during
Oral Communications and was not in attendance when invited to speak at this time.
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238
Approval of Ortega Highway Mitigation Program/Implementation of Recommendations:
It was moved by Council Member Jones, seconded by Council Member Hart that the
following Resolution be adopted:
-7-
IMPLEMENTATION RECOMMENDATIONS - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE ORTEGA HIGHWAY MITIGATION
PROGRAM FINAL REPORT AND IMPLEMENTATION
RECOMMENDATIONS FOR THAT PORTION OF ORTEGA
HIGHWAY BETWEEN THE INTERSTATE -5 INTERCHANGE AND
THE EASTERLY CITY LIMITS
The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor
Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
The Resolution accepted the mitigation program; established the Ortega Highway ad hoc
committee and directed staff to solicit for applications; directed staff to proceed with
implementation of the recommended Level 1 program; directed preparation of specific
program alternatives and recommendations for implementation measure #1, the sound -rated
windows, within 6 weeks following appointment of the Ortega Highway Ad Hoc Committee;
and, to address Ortega Highway impacts by pursuing funding alternatives, traffic control
signage, and potential amendments to County -approved sand and gravel permits and
asphalt/concrete batch plant conditional use permits for operations using Ortega Highway as
a primary access.
Staff will continue to work with Assemblyman Morrow and with Caltrans to move Caltrans
funds for maintenance and rehabilitation of Ortega Higway to an earlier year; to pursue
legislation to convert control of Ortega Highway to the City; and, to report to Council
regarding responsibility for repair of utility trenches that have settled below the roadway level.
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239
ENGINEERING AND BUILDING DIRECTO
ESTABLISHMENT OF • PARKING"ZONE ON • ' • STREET
COMMUNITY SERVICES DRIVEWAY (570.10
Written Communications:
Report dated July 1, 1997, from the Engineering and Building Director, recommending
establishment of a "No Parking" zone for a distance of 60 feet on either side of the driveway
to the Old Fire Station/Community Services building parking lot, in response to citizens'
requests for additional sight distance.
Mr. Huber made an oral presentation, advising that staff had studied the location and
recommended, based on standards set by the County and Institute of Traffic Engineers, that
the "No Parking" zone be established for a distance of 60 feet each side of the driveway. He
also advised that the Transportation Commission had differed in its recommendation, favoring
a 10 -foot zone each side.
Public Comment:
(1) Al Simmons, 32302 Alipaz Street, Space 135, spoke in opposition to the staff
recommendation, but advised he would support the Transportation Commission
recommendation of 10 feet on either side of the driveway.
' (2) Ken Whit, 31391 El Homo Street, expressed his concern at the loss of six parking
spaces in an area with limited parking availability. He advised that many community
groups meet at that location and he would favor a limited zone of 10 feet each side
of the driveway.
Council Discussion
Council Member Greiner raised the issue of an alternative ingress/egress site and questioned
whether or not that would result in more of a reduction in available parking on the street. Mr.
King felt the loss of parking on La Matanza Street would be greater and also felt that
additional parking spaces would be lost in the parking lot. Council Member Hart felt that
since this location was part of the next -to -oldest community in the City, the application of
modern standards to this area might not be appropriate. Council Member Jones suggested
a compromise solution of a 20 -foot "No Parking" zone on each side of the driveway, with re-
examination of the issue once that zone has been in place for 60 days.
Approval of "No Parking Zone:
It was moved by Council Member Jones, seconded by Council Member Campbell that the
following Resolution, as amended to modify the "No Parking" zones to 20 feet on each side
of the driveway, be adopted:
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RESOLUTION NO. 97-7-1-7- ESTABLISHING "NO PARKING
ANYTIME" ZONE - SOUTH SIDE OF EL HORNO STREET WEST OF
LA MATANZA STREET - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING ANYTIME" ZONES ON THE SOUTH
SIDE OF EL HORNO STREET WEST OF LA MATANZA STREET
The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
POLICE SERVICES
APPROVAL OF AGREEMENT FOR GANG SUPPRESSION SERVICES
(COUNTY PROBATION DEPARTMENT (600.501
Written Communications:
Report dated July 1, 1997, from the Chief of Police Services, forwarding an agreement for
the City's continued participation in the South Orange County Gang Prevention and
Suppression Program with the Cities of Dana Point and Laguna Niguel and the County. The
agreement provides for closer supervision of gang members on probation.
Lt. Sullivan made an oral presentation, stating that this program allows the probation officer
assigned to the program to carry a case load far less than the normal case load, thus enabling
a greater ability to monitor gang members. The program also provides for a Deputy Sheriff
to work with the probation officer.
Approval of Agreement:
It was moved by Council Member Campbell, seconded by Council Member Hart and
unanimously carried to approve the Agreement for Provision of Gang Prevention and
Suppression Services between the County and the Cities of Dana Point, Laguna Niguel and
San Juan Capistrano for the period of July 1, 1997 through June 30, 1998, at a cost to the
City of $24,189.
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F-1
2. APPROVAL OF AGREEMENT FOR GANG PREVENTION SERVICES
(COMMUNITY SERVICES PROGRAM. INC.)(600.30)
Written Communications:
Report dated July 1, 1997, from the Chief of Police Services, forwarding an agreement for
the City's continued participation in a tri -city gang prevention program with the Cities of Dana
Point and San Clemente. For the past six years, the services have been furnished by
Community Services Program, Inc., a private non-profit human services organization that
provides gang prevention, intervention and diversion programs for at -risk youth in the
community.
Lt. Sullivan made an oral report, outlining the effectiveness of the program and noting that
of 60 referrals in the past year, only 2 had later criminal violations.
Approval of Aof Alareement:
It was moved by Council Member Campbell, seconded by Council Member Jones and
unanimously carried to approve the Agreement with Community Services Program, Inc., for
gang prevention services for the period of July 1, 1997 through June 30, 1998, at a cost to
the City of $41,995.
ORDINANCES - None
COUNCILMANIC ITEMS
a. San Juan Basin Authority (1050,60)
Council Member Jones noted that the Capistrano Beach Water District had not yet
come forward with an agreement acceptable for resolution of the Water Rights issue.
b. League of California Cities (140.20)
Council Member Greiner noted an employee relations meeting had been held on June
19 to review pending legislation involving employees and impacting cities.
C. Library Advisory Committee (950.20)
Council Member Greiner noted that recommendations of the Executive Committee
and Committee Board for use of the new library will be considered by the Board of
Supervisors. He also advised that there were new funds becoming available which
may allow for opening of the library on six days per week, beginning August 1. The
committee is now working on a project to enhance safety and services of the library
and will, in the future, be asking the City for a budget revision.
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242
d. Joint Powers Insurance Authority ( 1170.30)
Mayor Swerdlin reported that the Authority was moving ahead on a new building and
was continuing to work for the benefit of cities to lower costs. He advised that he
had been nominated for election to the Executive Board.
COUNCIL COMMENTS
1. FOURTH OF JULY CELEBRATION (150,60)
Council Member Campbell advised that she would be selling tickets to the dunk tank on
July 4, and that the City Manager was scheduled in the tank at 4:15 p.m. Council Member
Jones noted that the celebration was at the Sports Park beginning at 2:00 p.m., with fireworks
scheduled at 9:00 p.m.
2. CRIME VICTIMS (580.10)
Council Member Campbell advised that an episode of America's Most Wanted television show
with great interest to her was scheduled to be aired on July 12, 1997.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:35 p.m. to the
next regular meeting date of Tuesday, July 15, 1997, at 5:00 p.m. in the City Council Chambers.
Respectfully submitted,
ATTEST:
DAVID M. SWE, LIN, MAYOR
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