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96-0521_CC_Minutes_Regular Meeting178 MAY 21, 1996 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Hart at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck of the Community Presbyterian Church. ROLL CALL: PRESENT: Wyatt Hart, Mayor David M. Swerdlin, Mayor pro tem Collene Campbell, Council Member Gil Jones, Council Member Carolyn Nash, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arranaga, Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan, ' Chief of Police Services; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried that all Ordinances be read by title only. Written Communication: Report dated May 21, 1996, from Carole Jacklin, Council Services Manager, announcing the recipients of the 1996 Community Pride Awards for excellence in building design, maintenance, and landscaping. Presentation of Awards: Mayor Hart presented City plaques to Steve Nordeck and Richard O'Neill in recognition of outstanding building design in the Commercial category for the Mission Promenade; and, to Phyllis Crow and Sue Toler in the Retail category recognition of their remodel of an existing historic structure now known as the Moonrose. Mr. Nordeck and Ms. Crow expressed appreciation to the City Council and City staff for the recognition. Mr. Nordeck noted that the design of the Mission Promenade is in the top -five contention for the Golden Nugget ' Award by the Commercial Builder's Association. City council Minutoe -1- 512196 179 NEWFOO&I WAR VANOW&W-619:D•: ► IVA Its)► :11 1 Lisa Telles, Public Affairs Officer for the Transportation Corridor Agency, made a presentation regarding progress on the south end of the Corridor where it connects into San Juan Capistrano. She stated that the first phase of the Corridor—between Laguna Canyon Road south to Interstate 5 and the northbound section from Greenfield to Laguna Canyon Road—would be open on July 24, 1996, with an official ribbon -cutting ceremony. The remainder of the project is scheduled to open on December 10, 1996, which will connect San Juan Capistrano to Newport Beach. FURIN 1.Y.`L(•]WIZ.`)!�;� Mayor pro tem Swerdlin introduced the following Commission representatives in attendance: John Greiner and Bill Sonka (Planning Commission), Pauline Leonard (Parks, Recreation, and Equestrian Commission), Bill Hardy (Cultural Heritage Commission), Tom Facon (Chamber of Commerce), and Richard O'Neill (State Chairman of the California Democratic Party). ORAL COMMUNICATIONS None. / ► ILK1•�•1. It was moved by Council Member Campbell, 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, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None ' • I �.► • ••. 11 1 The List of Demands dated May 8, 1996, in the total amount of $416,166.12 was received and filed. The Report dated May 21, 1996, from the Planning Director, advising that four new development applications were received by the City since the last report of April 16, 1996, was received and filed. City Coonan Minute% -2- 5/21/96 3. APPROVAL OFUCENSE AGREEMENT - TRACT 13726 (TOLL BROTHERS. ' INC ./ CAPISTRANO ESTATES DEVELOPMENT) (600.30) As set forth in the Report dated May 21, 1996, from the Engineering and Building Director, the License Agreement between the City and Toll Brothers, Inc. was approved for the construction of a call box/planter area and decorative concrete pavement at the southern terminus of the public portion of the improvements of Camino La Ronda, Tract 9373. The Mayor was authorized to execute the Agreement on behalf of the City, and the City Clerk was directed to forward the Agreement to the County Recorder. • •► 0: • 1 1 51=9091N 0: a,1_MIA1 _ �• • 1 *I ,!l • 1 1 As set forth in the Report dated May 21„ 1996, from the Engineering and Building Director, the following Resolution was adopted initiating vacation proceedings by setting a public hearing date for June 18, 1996, regarding the existing trail easements within Lots 116, 117, and 120-125 of Tract 6305: ' CAPISTRANO, CALIFORNIA, INITIATING VACATION PROCEEDINGS FOR A TRAIL EASEMENT WITHIN LOTS 116, 117, AND 120 THROUGH 125 OF TRACT 6305 (HUNT CLUB/EL NIDO MOBILE HOME ESTATES) As set forth in the Report dated May 21, 1996, from the Engineering and Building Director, the following Resolution was adopted accepting the 'Basement and Maintenance Agreement" for the recreational trail located within EI Nido Mobile Home Estates immediately west of the Hunt Club: 96-5-21-2. ACCEPTANCE OF RECREATION T HOME ESTATESMUNT CLUB COMMUNITY ASSOCIATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A RECREATIONAL TRAIL "BASEMENT AND MAINTENANCE AGREEMENT" FOR A TRAIL LOCATED WITHIN EL NIDO MOBILE HOME ESTATES (ASSESSOR PARCEL #650-621-01) GRANTED FROM THE HUNT CLUB ' COMMUNITY ASSOCIATION (TRACT 6305) City Comcil Minute• -3- 5/21/96 180 181 The City Clerk was directed to record the Resolution and Agreement with the County Recorder. As set forth in the Report dated May 21, 1996, from the Administrative Services Director, the bid for the City's Worker's Compensation Insurance Policy was awarded to AIG American Home Insurance through their broker, The Rule Company, Inc., at a cost of $81,870 for fiscal year 1996-97. As set forth in the Report dated May 21, 1996, from the Engineering and Building Director, the following Resolution was adopted accepting the street monumentation and the work of private street improvements to be completed within Tracts 12633 and 13027 and releasing the corresponding bonds: RESOLUTION NO, 96-5-21-3- COMPLETION OF PRIVATE IMPROVEMENTS - TRACTS 12633 AND 13027- WARMINGTON SAN JUAN ASSOCIATES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR TRACTS 12633 AND 13027 (WARMINGTON SAN JUAN ASSOCIATES) The City Clerk was directed to file the Notice of Completion with the County Recorder. • •►. I► I01 ,v4,leLoxvil @ WMXINM11113-311�� As set forth in the Report dated May 21, 1996, from the Engineering and Building Director, the following Resolution was adopted approving the installation of vendor parking locations and times in the Capistrano Villas: RESOLUTION NO 96-5-21-4 ESTABLISHING "NO PARKING EXCEPT BY LICENSED VENDORS" - CAPISTRANO VILLAS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING EXCEPT BY LICENSED VENDORS" AREAS IN THE CAPISTRANO VILLAS I, II, AND III (TRACTS 7160, 7183, 7191, 7192, 7193, 7194, 7195, AND 7196) DURING SPECIFIC TIMES City Council Minutes -4- 5M/96 182 I None. 19 Reim -SAW R • Council recessed at 7:20 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:21 p.m. as the City Council. Written Communication: Report dated May 21, 1996, from the Administrative Services Director, recommending a schedule for the City's Budget Workshop/Hearing Calendar. Approval of Budget Workshop/Hearing Calendar: It was moved by Council Member Nash, seconded by Council Member Swerdlin, and unanimously carried that the following schedule be approved for the City's Budget Workshop/Hearing Calendar: I June 4, 1996 Introduction of the FY 1996-97 Budget Document and presentations by community groups seeking City assistance. June 18, 1996 Public Hearing to include further discussion of considered reductions. Public Hearing for the FY 1996-2003 Capital Improvement Project Budget. July 2, 1996 Public Hearing to conclude discussion of proposed expenditures and adoption of the FY 1996-97 Budget. Conclusion of discussion and adoption of the FY 1996-2003 seven-year Capital Improvement Project Budget. 1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - REGULATION OF VENDORS (585.10) (ADOPTION) (CONTINUED FROM MAY 7. 1996) Written Communication: Report dated May 21, 1996, from the City Clerk, advising that the Ordinance was introduced at the meeting of April 16, 1996, and was scheduled for adoption on May 7, 1996. On May 7, the City Attorney recommended that the draft Ordinance be amended to add clarifying language requested by the attorney for the vendors. City Council Minutes -5- 5/21/96 183 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 Campbell, seconded by Council Member Swerdlin, that the following Ordinance be adopted, as modified by the City Attorney: ORDINANCE NO, 778- AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - REGULATION OF VENDORS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 7 OF TITLE 4, VENDOR REGULATIONS, OF THE MUNICIPAL CODE RELATING TO STANDARDS AND REGULATIONS ON THE CONDUCT OF VENDING IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None COUNCILMANIC ITEMS ' 11101111 �I �l� ACTIVITIESUT 10 920,10) Written Communications: (1) Report dated May 21, 1996, from the Council Ad Hoc Committee, comprised of Council Members Campbell and Jones, recommending the following with regard to the naming of the Community Center/Sports Park facility and Grand Opening activities: (a) The name "San Juan Capistrano Community Center and Sports Park" be selected for the new facilities. (b) Funds up to $14,562 be authorized for the Grand Opening activities. (c) Entry signs be approved at the two entrances to the Sports Park, and funds be allocated up to $28,000 from Parks and Recreation Fees for construction of monument signs. (2) Memorandum dated May 21, 1996, from the Administrative Services Director, recommending alternative funding for the grand opening activities, since those costs were not eligible for funding from Bond proceeds or Park and Recreation Fees. City Council Minutes -6- 5/21/96 Council Member Swerdlin suggested that if bond proceeds remained after completion of the Sports Park, additional landscaping along the roadway could be installed to break up the expanse of fields. He noted that trees originally proposed at the edge of the site were deleted because they blocked views. Council Member Jones requested that staff ensure that the bottom of the monument signs state that the Park and Community Center were provided by the people of San Juan Capistrano, as depicted on Attachment B to the Agenda Item. He noted that a 7th grader at Marco Forster Middle School suggested the name recommended by the Ad Hoc Committee. Approval of Name for New Facilities/Allocation of Funding: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried as follows: (1) That the name "San Juan Capistrano Community Center and Sports Park" be approved for the new facilities on the former Kinoshita Farm site; and, (2) That funding for the Sports Park Grand Opening activities and construction of monument signs be approved as set forth in the Memorandum dated May 21, 1996, from the Director of Administrative Services, excluding the bond proceeds, as follows: General Fund Costs Facility/Activity Costs $14,495 ' Less Hausdorfer Monument Sign Subtotal 00 $12,995 Minimum Proceeds from Fund Raising/Souvenir Sales 000 Net General Fund Cost $9 Parks/Recreation Fees Hausdorfer Monument Sign $ 1,500 Entry Monument Signs 22.629 Total Parks/Recreation Fee Costs $24.129 Approval of Design for Monument Signs: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried that the design of the entry signs at the two entrances to the facility be approved. 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority (SERRA) (1040.60) Council Member Jones indicated that he would provide a report to the Council by the first week of June. City Comoil Minutes -7- 5/21/96 185 •R.To• •.t . • �1 :1 Council Member Swerdlin noted the meeting scheduled for May 23 and the Insurance Authority meeting on May 22, 1996. [&LO19MAO:YA9�1 1101.3 Council Member Campbell noted that she and her grandchildren visited the Montanez Adobe recently and commended Dave Whittington and Rita Tanner Prosperi on their wonderful work as curators. CLOSED SESSION (610,85) Council recessed to a Closed Session at 7:40 p.m. for: 1. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as Jose Vasquez, etc., et al v. City of San Juan Capistrano; 2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in two cases, and Government Code Section 54956.9(c), the initiation of litigation in two cases; and Conference with Labor Negotiator per Government Code Section 54957.6, with the City Manager in discussion with the Management Employees and the Classified Employees Units. The City Clerk was excused therefrom, and the meeting reconvened at 9:00 p.m. COUNCIL ACTIONS FOLLOWING CLOSED SESSION Mr. Denhalter advised there was no action to report on any of the items. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:00 p.m. to the next Regular Meeting date of Tuesday, June 4, 1996, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, ATTEST: WYAT4�tIART, NfAYOR L— City Council Minutes -8- 5/21/96