97-1021_CC_Minutes_Adjourned Regular Meeting339
OCTOBER 21, 1997
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85
Council met in Closed Session at 5:00 p.m., for the following purposes, as authorized by statute:
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 Northerly YMR Parcel,
located at the Northwest comer of Camino Capistrano and Stonehill (a portion of APN
121-254-17)
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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 Ryan Newman, Youth Minister, St. Margaret of
Scotland Episcopal Church.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene 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; Al King, Community
Services Director; Sgt. Ed Anderson, Orange County Sheriff s Department; Amy Amirani, Director
of Public Works; Gillian E. Rampley, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Swerdlin noted that there were no actions to report.
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INTRODUCTIONS, PRESENTATIONS AND DONATIONS
1. AWARD FOR FINANCIAL REPORTING (330.10),
Written Communications:
Report dated October 21, 1997, from the Council Services Administrator.
Mayor Swerdlin announced that the Government Finance Officers Association had awarded
a Certificate of Achievement for Excellence in Financial Reporting and an Award of Financial
Reporting Achievement to the City for the fiscal year ended June 30, 1996. He noted that this
was the highest form of recognition in governmental accounting and financial reporting. He
mentioned, particularly, the efforts of Cynthia Pendleton, Director of Administrative Services,
and presented to her the Plaque and Certificate.
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Bill Huber, Engineering and Building Director, advised that nine bids had been received and
opened on Friday, October 17, 1997 for Phases A and B of the Community Center. The
Engineer's estimate for both phases, which included the Community Hall expansion, was
$2,539,568; the low bid was $2,511,991. He advised that the contract was scheduled for
award at the meeting of November 4, 1997.
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Council Member Greiner introduced the following persons in attendance: Bill Hardy and
David Belardes (Cultural Heritage Commission); Bill Sonka (Planning Commission); Richard
St. Onge (Transportation Commission); Joann de Guevara, Janice Palermo, Mary Rose
Winkler and Marie Buckner (Housing Advisory Committee); Al Simmons (Seniors Liaison
to City).
AGENCY BOARD OF DIRECTORS) None
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It was moved by Council Member Hart, and seconded by Council Member Jones, 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
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The Reading of all Ordinances by title only was approved.
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The Minutes of the Regular Meeting of September 16, 1997 were approved as submitted.
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The List of Demands dated October 8, 1997 in the total amount of $1,008,262.18 was
ordered received and filed.
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The monthly cash balances by fund for the months ending June 30, 1997, July 31, 1997 and
August 31, 1997 were ordered received and filed.
The City Treasurer's Report of Investments for the quarter ending September 30, 1997 was
ordered received and filed.
The Planning Director's Report on the status of new development applications was ordered
received and filed.
As set forth in the Report dated October 21, 1997, from the Engineering and Building
Director, the Final Map for Tract No. 15301 was approved, noting it conformed to the
requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map
conditions, and the City Engineer and City Clerk were authorized to execute the Final Map.
The Subdivision Improvement Agreement was approved and the corresponding securities
were accepted. The Mayor and City Clerk were authorized to execute the Subdivision
Improvement Agreement; the City Clerk was directed to forward the Map and Subdivision
Agreement to the County Recorder.
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As set forth in the Report dated October 21, 1997 from the City Clerk, the following
Resolution was adopted revising the starting time of City Council Meetings from 5:00 p.m.
to 5:30 p.m.:
RESOLUTION NO 97-10-21-1 REVISING TIME OF CITY COUNCIL
MEETINGS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING THE TIME OF
CITY COUNCIL MEETINGS AND REPEALING RESOLUTION NO.
97-2-4-11.
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As set forth in the Report dated October 21, 1997 from the Assistant City Manager, the
ambulance service contract with Medix Ambulance Service was extended, on the same terms
and conditions, until such time as the Ambulance Service RFP is completed, but not to exceed
July 1, 1998.
As set forth in the Report dated October 21, 1997 from the Administrative Services Director,
the following Resolution was adopted establishing the 1997-98 appropriation limitation of
$29,024,992:
LUTION Nn 97-10-21-2 ESTABLISHING APPROPRIATION
LIMITS - 1997-98 FISCAL YEAR - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION
(GANN LIMIT) FOR THE 1997-98 FISCAL YEAR
PUBLIC HEARINGS - None
Council recessed at 7:09 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:10 p.m.
ADMINISTRATIVE ITEMS
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Written Communication:
Report dated October 21, 1997 from the Economic Development Administrator, advising that
the downtown pedestrian lighting project was an effort to understand and improve the
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' existing light levels in the historic downtown area in order to create a pedestrian -friendly
environment during the evening hours. The Report forwarded a project description and an
analysis of the four responses to the Request for Proposals. The Report recommended the
selection of CDC Engineering Inc.
Mechelle Lawrence made an oral presentation in which she advised that up to $50,000 had
been allocated to prepare plans. The City received four proposals and recommended the
selection of CDC Engineering Inc. based upon their approach to the project, the contingency
within the scope of the project for title reports, if needed, and the experience of the consulting
firm, together with the quality of the proposal.
Selection of CDC Engineering Inc.:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried to select CDC Engineering Inc. for the preparation and design of
specifications for the downtown pedestrian lighting project in an amount not to exceed
$46,902.
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Written Communication:
' Report dated October 21, 1997 from the Chief of Police Services, advising that the Council
had directed staff to evaluate the benefit of the Commercial Vehicle Enforcement Program
and whether the position could be better utilized in a more flexible form of traffic
enforcement. Following an evaluation of the program, it was felt that the City could continue
to receive the benefits of commercial enforcement and flexible traffic enforcement if the
Commercial Vehicle Enforcement officer was equipped with a motorcycle.
Mr. Scarborough made an oral presentation.
Approval of Notice of Bids:
Upon motion of Council Member Hart, seconded by Council Member Jones, and carried
unanimously, the Notice of Bids was approved for the purchase of a 1997 Kawasaki KZ
1000P Police Motorcycle and the purchase of related equipment and authorization was
granted to transfer the funds in the amount of $22,056.00 from the General Fund Reserve.
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Written Communication:
Report dated October 21, 1997 from the City Manager, recommending approval of a
' Resolution amending the City's Personnel Classification Plan to adjust the salary ranges for
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the Accounting Officer, Water Technician III and Senior Engineering Technician, and to
redesignate the Field Superintendent classification to the Classified Bargaining Unit.
Mr. Scarborough made an oral presentation in which he noted that the salary increase of
$6,000 which would be appropriated from salary savings relating to the attrition of a staff
position.
Approval of Proposed Amendments:
Upon motion of Council Member Jones, seconded by Council Member Hart, the following
Resolution was adopted approving the proposed amendments and authorizing the
appropriation of funds:
RESO T ITION NO 97-10-21-3 AMENDING RESOLUTION NO 94-12-
6-5 THE CITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN - 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
The motion carried by the following vote:
AYES: Council Member Jones, Greiner, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSENT: None
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WrittenCommunication:
Report dated October 21, 1997 from the Administrative Services Director advising that
SunCal Companies had been in discussion with the Capistrano Unified School District
regarding formation of Community Facilities District, formed under the Mello -Roos Act to
utilize public financing for acquisition of a school site on Camino Las Ramblas and fund
construction of school facilities and the Kinoshita Farm site. The Report further advised that
the School District had requested that the City and the Water District consider participating
in the Community Facilities district to fund major backbone facilities such as water facilities,
roadways, storm drains and other public improvements. It was recommended that the
Council appoint two City Council members to meet with representatives of the Capistrano
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. Unified School District Board of Directors to obtain additional information prior to making
a final determination upon the formation of a Community Facilities District.
Ms. Pendleton made an oral presentation in v, hich she advised that by combining the City and
District improvements with the School District financing there would be a savings on public
financing which would ultimately reduce the annual debt service and reduce the annual
property assessment paid by the property owners.
Appointment of Members:
Upon motion of Council Member Campbell, seconded by Council Member Hart, and
unanimously approved, Council Member Jones and Mayor Swerdlin were appointed to meet
with representatives of the Capistrano Unified School District Board to obtain additional
information prior to making a final determination concerning a Community Facilities District.
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Written Communication:
Status Report dated October 21, 1997 from the Public Works Director outlining the efforts
of the Public Works Department to prepare for winter weather, including expanded efforts
to deal with possible storm emergencies from the predicted EI Nino effects.
Ms. Amtran made an oral presentation in which she advised that most items discussed in the
Report had been completed. She advised that flood awareness information was to be
distributed with water bills and discussed in the City newsletter.
The City Manager also made an oral presentation, noting specific areas of concern, including
vegetation in San Juan Creek and the sewer line across San Juan Creek near the golf course.
He advised that the City had removed sandbars and installed a palisades system to protect the
banks, and had relocated the sewer line.
Mr. Huber, the Engineering and Building Director, spoke on the creek issues, advising that
the City has been working with the Army Corps of Engineers regarding what may be done
in the Creek within the limitations of current law. He noted that a 'cease and desist" order
currently stands on work in the Creek and that the City has asked for approval to clear
vegetation. He noted that if permission to clear vegetation is received, removal may only be
done by hand and then must be mitigated on a 2:1 basis. He advised that letters have also
been sent to the Corps of Engineers asking for permission to trench a 25 -foot -wide pilot
channel in order to cut down the sand bars. He addressed actions that have been taken to
protect the banks, particularly in the area of Chateau San Juan, and actions taken to protect
the sewer line.
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Council Comments:
Council Member Campbell commented that the City Engineer had been working with the
Army Corps of Engineers to do everything possible to protect the creek banks and sewer
lines. However, the City was "on hold", under a "cease and desist" order concerning clearing
the Creek. She noted that the City had done everything within its power to get ready for
potential storms.
Council Member Hart noted that the Army Corps. of Engineers was restricted by law as to
approvals and actions to be taken and observed that a very strong environmental lobby at the
Federal level resulted in much delay. He advised that Congressman Packard had introduced
legislation to amend certain laws that put human life and property at risk in order to protect
certain species, whether endangered or not; however his legislation had been defeated.
Council Member Hart further advised that with many areas such as Los Angeles and San
Diego counties facing similar problems, legislation would be again introduced.
Acceptance of Informational Report:
Upon motion of Council Member Campbell, seconded by Council Member Jones, and carried
unanimously, the Status Report was ordered received and filed.
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Written Communication:
Report dated October 21, 1997 from the City Clerk, advising that the Ordinance was
introduced at the meeting of October 7, 1997, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Jones, seconded
by Council Member Greiner, that the following Ordinance be adopted:
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PLANNED COMMUNITY,AND ESTABLISHING A PLANNING
SECTOR B-2 WITHIN THAT DOCUMENT
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The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSENT: None
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a. Leaeue of California Cities (,140.20)
Council Member Greiner advised that he had prepared a written Report regarding the
Annual Conference held last week.
b. Orange County Vector Control District (60.50)
Mayor Swerdlin advised that the vector of the month was the Western Black -Legged
Tick.
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There being no further business before the Council, the meeting was adjourned at 7:38 p.m. to the
next regular meeting date of Tuesday, November 4, 1997, at 5:30 p.m., in the City Council Chambers.
ATTEST:
DAVID M. SWERDLIN, MAYOR
City Council Minutes
Respectfully submitted,
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