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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. City Council Minutes -1- 07/01/97 226 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). City Council Minutes -2- 07/01/97 227 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: City Council Minutes -3- 07/01/97 228 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. City Council Minutes -4- 07/01/97 229 . .. � � • 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. City Council Minutes -5- 07/01/97 230 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. City Council Minutes -6- 07/01/97 231 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 City Council Minutes -7- 07/01/97 232 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: City Council Minutes -8- 07/01/97 233 ' 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 City Council Minutes -9- 07/01/97 234 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. City Council Minutes -»- 07/01/97 ' 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: City Council Minutes -11- 07/01/97 235 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, City Council Minutes -12- 07/01/97 237 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. City Council Minutes -13- 07/01/97 238 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. City Council Minutes 14- 07/01/97 239 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: City Council Minutes -15- 07/01/97 240 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. City Council Mantes -16- 07/01/97 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. City Council Minutes -17- 07/01/97 241 242 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 City Council Minutes -18- 07/01/97