97-0916_CC_Minutes_Regular Minutes309
' SEPTEMBER 16, 1997
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
Council met in Closed Session at 5:00 p.m., for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.9, the City Council Will Confer with Legal
Counsel Regarding the Status of ARV. v. San Juan Capistrano.
2. Pursuant to Government Code Section 54956.9, the City Council Will Confer with Legal
Counsel regarding the Status of San Juan Golf Course v. City of San Juan Capistrano.
3. Pursuant to Government Code Section 54956.8, the City Council Will Meet with its
Negotiator (City Manager) to Give Instructions to its Negotiator Regarding the Price and
Terms of Conditions of a Possible Sale of City -Owned Land Known as the Southerly YMR
Parcel, located at the Southwest Comer of Camino Capistrano and Stonehill (a Portion of
APN 121-254-17).
4. Public Employee Performance Evaluation, Pursuant to Government Code Section 54957,
Position Being Reviewed is City Manager.
5. Pursuant to Government Code Section 54956.9(c), the City Council Will Confer with Legal
Counsel on Whether to Initiate Litigation - One Matter.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Swerdlin at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Mayor Swerdlin.
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 Sheriff's
Department; Ray A. Auerbach, Interim Director of Public Works; Gillian E. Rampley, Recording
Secretary.
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ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL
Mayor Swerdlin noted that there were no actions to report.
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
PRESENTATION OF DEPUTY OF THE YEAR AWARD (610.40)
Mayor Swerdlin presented the Deputy of the Year Award to Deputy Chris Catalano. Deputy
Catalano was unanimously nominated by his supervisors and received a plaque and certificate
and special thanks from the Council and City. The Mayor spoke of the City's gratitude for
his services and his commitment to working with youth and gang matters.
2. PRESENTATION OF • I l '1 TO MOLLIE BURKE
(610.40
Mayor Swerdlin presented a Community Service Award to Mollie Burke for her efforts in
developing and completing the installation of historic building plaques as a volunteer on behalf
of the Decorative Arts Study Center. Plaques were installed on twenty sites and structures
in the City.
Mayor Swerdlin presented a Resolution of Appreciation to Mary Laub. Ms. Laub was
leaving her employment with the City to pursue other interests, having served the City for 11
years, first in the Planning Department, and later in the Administrative Services Department.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (I 10. 101
Council Member Greiner introduced the following persons in attendance: Bill Hardy and Don
Tryon (Cultural Heritage Commission); Bob Cardoza (Parks, Recreation and Equestrian
Commission); Ed Johnson and Bill Sonka (Planning Commission); Bonnie Holt and Richard
St. Onge (Transportation Commission); Joann de Guevara, Janice Palermo and Marie
Buckner (Housing Advisory Committee); Al Simmons (Seniors Liaison to City); Tom Facon
(Chamber of Commerce)
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Tom Facon of the Chamber of Commerce presented a trophy to the City in recognition of
the City's victories in the challenge matches of the past two years. He also recognized and
congratulated those players for the City who were present at the meeting.
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CONSENT CALENDAR
It was moved by Council Member Jones, and seconded by Council Member Hart, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones and
Mayor Swerdlin
NOES: None
ABSENT: None
The reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
AUGUST 19. 1997
The Minutes of the Regular Meeting of August 19, 1997 were approved as submitted.
' 3. RECEIVE AND FILE WARRANTS OF AUGUST 27. 1997 (300.30)
The List of Demands dated August 27, 1997, in the total amount of $788,548.14 was ordered
received and filed.
The Status Report on New Development Applications was ordered received and filed.
As set forth in the Report dated September 16, 1997 from John R. Shaw, City Attorney, the
claim for damages was denied in its entirety.
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As set forth in the Report dated September 16, 1997 from John R. Shaw, City Attorney, the
claim for damages was denied in its entirety.
The following item was removed from the Consent Calendar at the request of Council Member Jones:
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AMENDMENT TO LICENSE AGREEMENT FOR USE OF PUBLIC PROPERTY
(DOMINIC NITTI) (600,30)
Written Communications:
Report dated September 16, 1997, from the Acting Public Works Director.
Council Member Jones inquired about a suggested modification to the term of the agreement.
The City Manager indicated that staff would approach the Licensee about the suggested
modification and the item should be ready for consideration on October 7th.
Continuation of Agreement
Upon motion of Council Member Campbell, seconded by Council Member Hart, and
unanimously approved, the extension of the License Agreement for Use of Public Property
with Dominic Nitti to maintain a garden on a portion of the Swanner Ranch was continued
until October 7, 1997.
None.
RECESS AND RECONVENE
Council recessed at 7:19 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 7:22 p.m.
CITY MANAGER
ADOPTION OF RESOLUTION AMENDING THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN FOR EXECUTIVE
EMPLOYEES (700.20)
Written Communications:
Report dated September 16, 1997 from the City Manager, recommending adoption of a
Resolution amending the City's Personnel Classification and Compensation Plan and
approving additional benefits reflective of the increases granted to Management and Classified
employees.
Mr. Scarborough made an oral presentation, in which he outlined the amendments, consisting
of a 30/6 salary increase and an increase of $20,000.00 in life insurance coverage.
Adoption of Amendment:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
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RESOLUTION NO. 97-9-16-1. AMENDING RESOLUTION NO
94-12-6-5. THE CITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN (FISCAL YEAR 1997-98 - EXECUTIVE
EMPLOYEES) - A RESOLUTION1 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 AND APPROVING
ADDITIONAL BENEFITS (FISCAL YEAR 1997-98 - EXECUTIVE
EMPLOYEES)
The motion carried by the following vote:
AYES: Council Members Greiner, Jones, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
PLANNING DIRECTOR
' 1. APPEAL OF PLANNING DIRECTOR'S DECISION - INSTALLATION OF
FENCE LOCATED AT 28012 SAN JUAN CREEK ROAD (LOONEY/KENNEDY)
(410,50) (CONTINUED FROM SEPTEMBER 2. 1997)
A ell n :
Mr. Scott Looney, Metro Commercial Realty Corporation, 500 Newport Center Drive, Suite
930, Newport Beach, CA 92660
Written Communications:
1. Report dated August 5, 1997, resubmitted on August 19, September 2 and
September 16, 1997
3. Letter received September 16, 1997 from Marguerite Kennedy, 28012 San Juan
Creek Road, whose fence is the subject of the appeal.
2. Memorandum dated September 16, 1997 from the Planning Director, forwarding the
request for continuance from Marguerite Kennedy and a letter of concurrence from
Greg Weiler, attorney representing the appellant.
Continuation of Appeal:
Upon motion of Council Member Campbell, seconded by Council Member Jones, and
unanimously carried, this item was continued to the October 7, 1997 City Council meeting.
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Written Communications:
Report dated September 16, 1997 from the Director of Engineering and Building forwarding
the Via San Vicente Noise Monitoring Report dated August 7, 1997, from Giroux &
Associates, 17744 Sky Park Circle, Suite 210, Irvine 92614. The staff report recommended
that the Council accept the final report for the 1-5 noise analysis; and, since the noise
mitigation levels had been met and there was no basis by which to pursue further mitigation
measures with the Transportation Corridor Agency, direct staff to take no further action.
Mr. Huber made an oral presentation in which he stated that the City had hired a consultant
to conduct a noise analysis study for the area of Las Brisas and Capistrano Garden Homes
adjacent to I-5. He advised that before the study was conducted, there were meetings with
residents to determine the sites and days/times for the readings. Since it was determined that
the noise level was at its highest at weekend periods, the readings were conducted during the
period from Thursday to Monday. The Corridor Agency's noise analysis following
construction indicated noise readings between 57 and 61 decibels; the analysis conducted by
the City indicated noise readings between 61 and 66. The results of the study concluded that
the Caltrans Noise Abatement Criterion of 67 decibels had been met and that those levels
were not likely to be exceeded in the future. A property location map and a chart
representing noise level readings before and after construction were displayed, together with
cross-section diagrams of the berm before and after construction. These showed noise
readings no higher, and sometimes lower, than before construction; and berm levels equal to
or higher than pre -construction levels.
Mr. Huber went on to advise that staff met with residents to discuss the results. The residents
showed great concerns regarding the existing sound walls and berms. They strongly
indicated that noise levels had risen. They felt that by letter dated April 13, 1994, from
Robert Pour of De Leuw, Cather & Company, Two Venture, Suite 550, Irvine, the
Transportation Corridor Agency had promised them a 14 -foot sound wall and they expected
that wall to be erected because they felt the wall would provide better noise abatement. It
was explained that State and Federal Guidelines for evaluating noise levels have to be used
on projects involving State funds. It was also explained that certain funds received by the
City for designated projects, such as Corridor landscaping and Ortega Highway mitigation
improvements, have to be used for those projects and not diverted to provide further sound
mitigation.
In response to Council Member Jones, Mr. Huber advised that the Transportation Corridor
Agency had hired an independent firm to take the noise readings following construction.
Those readings were lower because they were taken between 4:00 to 6:00 p.m. on weekdays.
City staff had found that noise levels were higher on weekends.
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(1) Kathleen Peterson, 31121 Via Santa Tomas, Capistrano Gardens No. 2, advised that
noise levels were higher than before, and residents were no longer able to enjoy their
"garden homes" because of the noise. Meeting the State criteria resulted in noise
levels permitting "minimal exterior use" which was not acceptable to property owners.
She stated that the freeway lanes were closer to their homes and the previous berms
had been lowered so that sound which previously went over their homes now came
directly into their backyards. She indicated that Capistrano Gardens No. 1 had higher
walls and no noise problems and appealed to Council to reconsider the 14 -foot sound
wall.
(2) Helen McCarthy, 31086 Via San Vicente, also spoke objecting to the Study results
and the compilation methods used, stating that those homes without the protection
of a sound wall had dropped in value. She also expressed concern that the original,
seasoned trees had been removed and not replaced; the original berms were reduced
in size or removed entirely; and, she now had only "minimal recreation enjoyment" in
her backyard. She also stated that the speed limit had been 55 miles per hour when
the noise studies were done before construction, and the noise problem had worsened
with the increase in freeway speed limits.
(3) Linda Gustafsson, 31118 Via San Vicente, advised that her residence backed to the
freeway and reiterated the objections of the previous speakers and the concerns about
' "minimal exterior recreational enjoyment". She noted that in attempting to mitigate
the increased noise, she had installed double -paned windows and doors and air
conditioning, with little effect. Prior to the construction, noise had not been a
problem. She also expressed concern with vulnerability to freeway accidents.
Hans Giroux of Giroux & Associates, explained that 67 decibels would be a significant
intrusion on conversations. He noted that the highest noise reading was taken from an
upstairs balcony; however, Caltrans would not recognize second story noise levels as
requiring mitigation. The noise mitigation criteria level used by Caltrans was based on
Federal Highway Administration specifications so that gas tax monies could be used to fund
the project. He explained that for projects not involving State or Federal highways a
weighted scale, the Community Noise Equivalent Level, was used which would result in a
requirement for lower decibels.
In response to Council Member Hart, Mr. Giroux noted that a wall was not as effective as a
berm at the same height. He also explained that raising height of a sound wall would reduce
noise only minimally; i.e., a 6 -foot increase would reduce noise from 3 to 6 decibels. He
stated that 3 decibels would be barely perceptible and while 6 decibels would be more
noticeable, a reading of 60 decibels would still be intrusive. He stated his opinion that higher
walls would reduce the higher noise pitch of cars, but would not attenuate the low rumble of
trucks; further, that there was no practical way to eliminate the noise intrusion into the homes.
Mayor Swerdlin inquired about the use of vegetation and trees to reduce noise levels, and Mr.
' Giroux advised that a 200 -foot depth of vegetation would be required to deaden the sound.
He explained that vegetation deadens the sound, or "improves the quality of the noise", but
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does not necessarily reduce decibels. He also noted that in this case there was not enough
space to effectively use vegetation to impact noise levels.
Council Comments:
Council Member Greiner asked if the $300,000 grant to the City from the Transportation
Corridor Agency for landscaping could be used to provide mature trees. Council Member
Campbell responded by noting that the Orange County Transportation Agency would have
to be involved in any such decisions and questioned whether Caltrans would allow heavy
vegetation.
Council Member Hart pointed out that the City Council and Planning Commission had
opposed the location of the Transportation Corridor junction with I-5 but had been advised
that the Corridor would be built, using eminent domain proceedings if necessary. That being
the case, the City had attempted to work with the Transportation Corridor Agency to obtain
the best result for the City. In addition, the City had commissioned this independent Noise
Study in an attempt to obtain maximum assistance for the residents; however, it appeared that
there was nothing that would really mitigate intrusive noise.
Acceptance of Report:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously approved, to accept the Final Noise Monitoring Report and to direct staff to
take no further action.
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Written Communications:
Report dated September 16, 1997 from the Director of Engineering and Building
recommending that, due to the expected sale of the surplus Northwest (Swanner) property,
which will produce approximately $2.5 million in Open Space Funds, revisions to the
construction documents and schedule to include the Community Hall build -out as an "additive
alternate" to the Community Center - Phase One be approved.
Sharon Heider, Open Space Project Manger, made an oral presentation in which she advised
that following the City Council's direction to research methods of incorporating the complete
build -out of the Community Hall with Phase One of the Community Center, staff investigated
several alternatives and proposed incorporating the changes as an "additive alternate" as the
most cost-effective way to proceed. She noted that approving these revisions would only
extend the construction schedule by two weeks.
Approval of Revisions:
By motion of Council Member Campbell, seconded by Council Member Jones, and carried
unanimously, the revisions to construction documents and schedule to include the Community
City Council Minutes -8- 9/16/97
' Hall build -out as an "additive alternative" to Phase One of the Community Center was
approved and staff were directed to proceed with bidding.
PUBLIC WORKS DIRECTOR
11
ASSOCIATES).•0•
Written Communication:
Report dated September 16, 1997 from the Acting Director, Public Works, recommending
acceptance of the proposal from Psomas & Associates to provide consulting services for
Phase 1, preparation of a preliminary design report, for the design and construction of the
Pacific Point water facilities.
Council Member Campbell requested advice from counsel regarding a possible conflict of
interest due to residing near this area. Counsel responded that a conflict would exist only if
the residence was within 300 feet of the proposed project. Council Member Campbell
indicated that it was not and that there would be no financial impact from this action.
Acceptance of Proposal:
Council Member Jones moved, seconded by Council Member Greiner, and unanimously
carried, that the proposal from Psomas and Associates to provide consulting services for
Phase I (preparation of a preliminary design report) for the design and construction of the
Pacific Point water facilities, be accepted and the professional services agreement for this
phase of work in an amount not to exceed $23,480 be approved, and $65,000 be appropriated
from the Water Capital Improvement Projects Fund Balance to Account No. 12-61111-4754-
770.
2-61111-4754-
770.
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Written Communication:
Report dated September 16, 1997 from the City Clerk, advising that the Ordinance was
introduced at the meeting of September 2, 1997, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the evening. It was moved by Council Member Hart, seconded by
Council Member Greiner, that the following Ordinance be adopted:
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318
ORDINANCE NO 800 AMENDING COMPREHENSIVE
DEVELOPMENT PLAN 86-4 - MARBELi A PLANNED COMMUNITY -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TH'-- "FAIRWAY RESIDENTIAL" (FR)
DISTRICT REGULATIONS OF THE MARBELLA COMPREHENSIVE
DEVELOPMENT PLAN (PACIFIC HERITAGE BUILDERS)
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones and Mayor Swerdlin
NOES: None
ABSENT: None
X1,11KIN-ladv : _C
SELECTION OF CITY MOTTO (120,301 .(CONTINUED FROM SEPTEMBER 2
1997
Written Communication:
Report dated September 16, 1997 from the Council Services Administrator noting the final
six selections for City Motto.
Approval of City Motto:
Each Council Member voted for their top three choices, using a point award system, and the
City Clerk tallied the results. The selection of "Preserving the Past to Enhance the Future"
was announced.
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Written Communication
Report from the City Council Subcommittee for Community Promotion Funding with a
recommendation to allocate $37,800 in funding assistance to eleven community organizations.
Council Member Greiner made an oral report advising that the selection of recipients had
been very difficult with so many worthy organizations and limited funds.
Approval of Funding:
It was moved by Council Member Jones, seconded by Council
unanimously carried that the following allocations proposed by the
Committee on Community Organization Grant Funds be approved:
City Council Minutes
10 -
Member Hart, and
City Council Sub -
9/16/97
KI Le"
3.
Camino Health Center
Capistrano Indian Council
Community Counseling Center
Fran Joswick Therapeutic Riding Center
Multi -Cultural Performing Arts
Once Upon a Story
San Juan Community Task Force
South County Senior Services/Senior Shared Housing
South County Senior Services/Senior Meals
South County Community Services Council
Red Ribbon Week
$10,000
$1,500
$3,000
$1,200
$ 2,000
$ 2,600
$ 6,000
$ 5,000
$ 5,000
$500
$1,000
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1 1 1
Mayor Swerdlin made an oral report on his attendance at the 4th Annual Southern California
Urban Water Conference in San Diego on August 28 and 29, 1997, noting that a variety of
issues had been covered, including the Delta area, the Salton Sea, transfer of water and
marketing. He advised that a written report was available for review in the Council Office.
a. Southeast Regional Reclamation Authority( 1040.60)
Council Member Jones noted that a finance committee meeting had been held on
September 13, 1997.
b. League of California Cities (140.20)
Council Member Greiner advised that the September 11, 1997 meeting topic had been
the State taking revenues from Cities.
C. Orange County Joint Fire Authority (540,80)
Council Member Greiner advised that the Authority met last week to review resumes
for the new Fire Chief. The finalists will be interviewed on September 18, 1997, with
final interviews and selection by the Board on September 25, 1997.
d. Orange County Vector Control District (560.50)
Mayor Swerdlin advised that the Vector Pest of the Month was "the mosquito."
X011KEN I • t!
CITY LIMIT SIGN (410.40
1
Council Member Greiner indicated that he had received a letter dated September 11, 1997
' from Don Tryon concerning the City limit signs/monuments. He advised that staff is presently
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pursuing this project. The City Manager noted that this item will be on the Council agenda
in October.
ORANGE COI tNTY FIRE CHIEF (540 80)
Council Member Campbell stated that the Fire Authority is fortunate to have Council Member
Greiner involved in the selection process for the new Fire Chief,
SOUNDu AL L S/NOISE ANALYSIS IAS BRISAS & I-5 FREEWAY (800.50)
Council Member Campbell commended Mr. Huber for the time and effort expended by his
department on this issue and the professional manner of their efforts.
There being no further business before the Council, the meeting was adjourned at 8:34 p.m. to the
next regular meeting date of Tuesday, October 7, 1997, at 5:00 p.m., in the City Council Chambers.
ATTEST:
D -M M. SWVkDLIN, MAYOR
City Council Minutes
Respectfully submitted,
I 4 StCITY CLERK
9/16/97