00-0215_CC_Minutes_Regular Meeting397
FEBRUARY 15, 2000
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 5:30 p.m. for the following purpose, as authorized by
statute:
Pursuant to Government Code Section 54956.9(b)(2), the City Council will confer with
its Legal Counsel regarding two matters.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was
called to order by Mayor Campbell at 7:05 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Father Doran Tregarthen, St.
Margaret of Scotland Episcopal Church.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
John Greiner, Council Member
David M. Swerdlin, 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. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director; Al King, Community Services Director; Amy Amirani, Public
Works Director; Lt. Rick Stahr, Orange County Sheriffs Department; and Bonnie Sanchez,
Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL
Mayor Campbell announced there was no action to report from the Closed Session.
INTRODUCTION, PRESENTATIONS AND DONATIONS
OATH OF ALLEGIANCE - DIANE BATHGATE (61050)
Written Communications:
Reportdated February 15, 2000, from the City Clerk, advising #hat on February 1, 2000,
the City Council unanimously appointed Diane Bathgate to fill the seat vacated by
former Council Member Gil Jones until a Special Election is held in November.
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The City Clerk administered the Oath of Office and presented Ms. Bathgate with a
Certificate of Appointment.
2. ROLL CALL OF NEWLY -CONSTITUTED COUNCIL (610.50):
The City Clerk called the roll of the newly -constituted Council as follows:
PRESENT: Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
Diane Bathgate, Council Member
John Greiner, Council Member
David M. Swerdlin, Council Member
ABSENT: None
3. PRESENTATION OFA RESOLUTION OF APPRECIATION TO ROLLAND RAY
610.40
Written Communications:
Report dated February 15, 2000, from the Assistant City Manager, recommending that
Rolland Ray, a 13 -year City resident and member of the City's Associated SeniorAction
Program, be honored with a Resolution of Appreciation for his tremendous commitment
to the community.
Mr. Ray was present to receive the Resolution of Appreciation.
4. PRESENTATION - RESOLUTION OF COMMENDATION TO SHARON
HEIDER (610.40
Written Communications:
Report dated February 15, 2000, from the City Manager, advising that Sharon Heider,
the City's Open Space Project Manager, had resigned her position with the City to
accept a position of Open Space Administrator with the City of Irvine. The report
advised that her accomplishments had included the Sports Park, the Community Center
and the Gym.
Ms. Heider was present to receive the Resolution of Commendation.
5. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING _f110.10)
Council Member Hart introduced the following persons in attendance: Marie Buckner,
Joanne deGuevara and Jessica Dean, Housing Advisory Committee; Bill Hardy and Don
Tryon, Cultural Heritage Commission; Michael Eggers, Planning Commission; former
Mayor Bill Bathgate and his wife Pat; Al and June Simmons; Battalion Chief Steve
Whittaker; Jeff Schroeder, Fiesta Association President; and Boy Scout Troop 724.
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ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY]
Bahai Faith Presentation (130.60)
Claudia Goodwin, 26574 Calle de Santa Barbara, Cammie Sullivan 25541 Purple Sage,
and Gry Kvalheim, 33852 Kildare Lane, presented a booklet to the Council entitled "Two
Wings of a Bird - the Equality of Women and Men, a Statement of the National Spiritual
Assembly of the Baha'is of the US".
CONSENT CALENDAR
It was moved by Council Member Hart, seconded by Council Member Swerdlin, 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 Bathgate, Greiner, Hart and Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
APPROVAL OF CITY COUNCIL MINUTES
The Minutes of the Regular Meeting of January 18, 2000, were approved as submitted,
Council Member Bathgate abstained.
2. MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
3. RECEIVE AND FILE WARRANTS OF JANUARY 27. 2000 (300_.
The List of Demands dated January 27, 2000, in the total amount of $1,293,608.17 was
ordered received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR NOVEMBER AND
DECEMBER 1999 330.50
The City Treasurer's Report of Cash Balances by Fund for the months ending
November 30, and December 31, 1999, was ordered received and filed.
5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS 440.10
The Report dated February 15, 2000, from the Planning Director, advising that two new
applications had been received since the last Report on January 4, 2000, was ordered
received and filed.
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6. ADOPTION OF RESOLUTION,_ .NOTICE OF COMPLETION AND FINAL
REPORT - PASEO ADELANTO EXTENSION, DEL OBISPO STREET TO
RAMOS STREET (SULLY -MILLER CONTRACTING COMPANY) (CIP NO. 137
600.30
As set forth in the Report dated February 15, 2000, from the Engineering and Building
Director, the following Resolution was adopted declaring work complete at $633,020.48:
RESOLUTION NO. 00-2-15-1, COMPLETION OF PASEO ADELANTO
EXTENSION. DEL OBISPO STREET TO RAMOS STREET (SULLY -
MILLER CONTRACTING CO.) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE PASEO ADELANTO EXTENSION, FROM DEL OBISPO
STREET TO RAMOS STREET (SULLY -MILLER CONTRACTING CO.)
The City Clerk was directed to forward a Notice of Completion to the County Recorder.
Staff was authorized to release the retention in the amount of $63,302.05, 35 days after
recordation of the Notice of Completion.
7. APPROVAL OF THE PLANS AND SPECIFICATIONS FOR THE NORTH OPEN
SPACE WELL PUMP HOUSING AND FACILITIES CONSTRUCTION 030
As set forth in the Report dated February 15, 2000, from the Public Works Director, the
plans, specifications and call for bids for the North Open Space Well Pump Housing and
Facilities Construction was approved.
8. APPROVAL OF AN AGREEMENT TO PROVIDE INTERNET SERVICES
(PACBELL) (600.30).
As set forth in the Report dated February 15, 2000, from the Administrative Services
Director, the five-year agreement for Internet services with Pacific Bell Internet Services
was approved. The City Manager was authorized to execute the appropriate Cal -Net
contracts upon completion and approval by the City Attorney.
9. APPROVAL OF AGREEMENT FOR DESIGN SERVICES AND PROJECT
FUNDING - SC -04 SOUTH CONNECTOR PIPELINE PROJECT MALCOLM
PIRNIE) (600.30
As set forth in the Report dated February 15, 2000, from Public Works Director, the
Personal Services Agreement with Malcolm Pirnie for civil engineering design services
for the SC -4 Terminal Pipeline Project, in the amount of $336,954, was approved. The
Mayor was authorized to execute the agreement after all insurance and documentation
was submitted. Funding of $371,000 was appropriated to the project from water capital
improvement fund reserves.
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10. ADOPTION OF RESOLUTION ACCEPTING GRANT DEED FOR
ROSENBAUM SEWER PUMP STATION UPGRADE, TENTATIVE TRACT MAP
15771 (CIP NO. 717) (THE OLSON COMPANY) (670.50)
As set forth in the Report of February 15; 2000, from the Engineering and Building
Director, the following Resolution was adopted accepting the Grant Deed for recording
from the Olson Company for the Rosenbaum Sewer Pump Station Upgrade:
RESOLUTION NO. 00-2-15-2, ACCEPTING GRANT DEED FOR
ROSENBAUM SEWER PUMP STATION (OLSON-SAN JUAN. LLC) -A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO ACCEPTING A GRANT DEED FOR THE ROSENBAUM
SEWER PUMP STATION (OLSON-SAN JUAN, LLC)
11. APPROVAL OF WAIVER OF FEES FOR RENTAL OF SAN JUAN
CAPISTRANO COMMUNITY CENTER (LEAGUE OF WOMEN VOTERS)
390.30
As set forth in the Report dated February 15, 2000, from the Community Services
Director, the Community Center rental fee waiver was approved for the League of
Women Voters' public information meetings to be held February 16, 2000, and April 6,
2000.
12. APPROVAL OF SECOND AMENDMENT TO INTERIM AGREEMENT FOR
SUPPLEMENTAL BENEFITS (OCERS)(600.50)
As set forth in the Report dated February 15, 2000, from the Administrative Services
Director, the Second Amendment to the Interim Agreement for Supplemental Benefits
between the City of San Juan Capistrano, Capistrano Valley Water District and Orange
County Employees Retirement System was approved extending the term to
September 30, 2000, to allow OCERS time to complete its evaluation.
PUBLIC HEARINGS
TEMPORARY STREET CLOSURE - ANNUAL SWALLOWS DAY PARADE
AND MERCADO SATURDAY MARCH 25, 2000 (15060)
Proposal:
Consideration of a request for temporary street closures and issuance of a parade
permit in conjunction with the Annual Swallow's Day Parade and Mercado scheduled
for Saturday, March 25, 2000
Applicant:
San Juan Capistrano Fiesta Association, P. O. Box 532, San Juan Capistrano, CA
92693
Written Communications:
Reportdated February 15, 2000, from the Engineering and Building Director, forwarding
maps of the parade route and necessary street closures for both the parade and
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Mercado to be held on Saturday, March 25, 2000. The parade will begin at 11:00 a.m.,
with street closures beginning at 6:00 a.m. The Mercado will be held between the hours
of 8:00 a.m. to 5:30 p.m. and require street closures until approximately 8:00 p.m.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public
Hearing and, there being no response closed the Hearing with the right to re -open at
any time.
Approval of Temporary Street Closures and Issuance of Parade Permit:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and
unanimously carried to: (1) approve the temporary street closures for the Fiesta De Las
Golondrinas Parade and the Mercado on Saturday, March 25, 2000; and, (2) approve
the issuance of a parade permit to the San Juan Capistrano Fiesta Association, per the
City's Municipal Code Section 5-11.05(b).
RECESS AND RECONVENE
Council recessed at 7:30 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:32 p.m.
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF AMENDMENT TO TITLE 4 CHAPTER 6 OF THE MUNICIPAL
CODE - TRAFFIC: SPEED LIMITS ESTABLISHED 590.30
Written Communications:
Report dated February 15, 2000, from the Engineering and Building Director, advising
that the California Vehicle Code required that a survey report be prepared every five
years to justify the establishment and enforcement of speed limits by radar on selected
streets. A recent Superior Court decision had determined that certain methods and
criteria used in establishing speed limits may not be sufficient to meet the intent of the
Legislature for establishing speed limits lower than five miles per hour below the 85th
percentile speed or additional speed limit lowering. The Report advised that staff had
reviewed and revised limits for certain locations in order to comply with the ruling.
William Huber, Engineering and Building Director, made an oral presentation, advising
that the stricter enforcement of the justification of the lowered speed limit could only be
used where there were conditions not readily apparent to the motorists such as a blind
intersection or children walking in and out between cars. Conditions such as schools,
curves or pedestrian crossing were not necessarily justifications as long as motorists
could be expected to be aware of such conditions. He described how speed limits were
re-evaluated and the effect on current City speed limits. He indicated that 16 streets
could no longer meet the criteria and the speed limits would need an upward revision.
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Council Member Questions:
Council Member Greiner indicated his objections to an increase in speed on Calle
Arroyo along the Cook Park Cordova area, noting that due to the amount of youth sports
activities in the area there should be some justification to keep the speed limit lower.
Mr. Huber advised that the justifications could not be made because these were
conditions that were readily apparent to motorists as interpreted by the courts and thye
could no longer be used as justification for lowering the speed limit. Mr. Huber indicated
that staff had done everything possible to maintain the existing speeds; however, there
were the 16 streets where justifications could not be made per the stricter enforcement
of the law.
Mayor Campbell asked what happened to those who were ticketed and Mr. Huber
responded that violators' tickets were being thrown out of court. Mr. Scarborough stated
further that these areas were considered "speed traps" and the courts had advised the
Sheriffs Deputies that it was illegal to issue a ticket in a speed trap. Lt Stahr stated that
warning notices were still being given and there would continue to be a police presence
in those areas.
Council Member Hart stated his feeling that speed limits should be based on reaction
time and stopping distances and the current court interpretation made no sense.
Council Member Swerdlin advised Assemblyman Correa was promoting a bill that
allowed individual cities greater flexibility to calm the traffic and adjust speeds. He
suggested that the City consider supporting the bill.
Mayor Campbell stated that due to the recent court rulings, many of the City's speed
limits were unenforceable and the City was losing control of its streets; however, there
was no choice on the matter. Council Member Greiner stated that the situation put the
City in a "Catch 22;" it limited the City's options in protecting its residents and the 85th
percentile rule resulted in speed limits being forced higher. Since he did not favor the
State's enforcement of this rule and would not support Staffs recommendation.
Mayor Campbell initiated discussion regarding the impacts of either not approving the
recommended modifications, approving only certain modifications, or continuing the
item.
Public Comments:
(1) Richard Stowe, 31742 Los Rios Street, encouraged the City Council to follow
Staffs recommendation as prudent and reasonable. Mr. Stowe concurred with
the Council Member's concerns regarding safety issues and he encouraged the
City Council to work with Staff on traffic calming measures.
(2) Bob Johnson, 27431 Avenida Larga, stated that as a 22 -112 -year resident he
had seen a tremendous increase in traffic and speed noting that he and other
residents favored maintaining or reducing speed limits but not increasing.
(3) Charles Tomlinson, 3917 Calle Mayo, San Clemente, urged the City Council to
support Staffs recommendations so that the police would be allowed to write
tickets and slow down speeders.
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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
Swerdlin and seconded by Council Member Hart that the following Ordinance be
introduced, as amended to include a finding regarding the Council's displeasure at the
loss of local control and with direction to Staff to work toward finding a way to bring
speed limits down to the prior limit:
AMENDMENT TO TITLE 4 OF THE MUNICIPALCODE, TRAFFIC
REGULATIONS - ESTABLISHING SPEED LIMITS AT VARIOUS
LOCATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED
LIMITS AT VARIOUS LOCATIONS BY AMENDING TITLE 4, CHAPTER
6, ARTICLE 5, SECTION 4-6.501 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Bathgate, Hart and Swerdlin and
Mayor Campbell
NOES. Council Member Greiner
ABSENT: None
Staff was directed to prepare a Resolution supporting AB 1885 (Correa) for the March 7,
2000, meeting.
COMMUNITY SERVICES DIRECTOR
1. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR THE 2000
FIESTA DE LAS GOLONDRINAS RESOLUTION OF WAIVER OF FEES AND
ISSUANCE OF EXCEPTION FOR FIREARM DISCHARGE (FIESTA
ASSOCIATION) (600.30).
Written Communications:
Report dated February 15, 2000, from the Community Services Director, advising that
the San Juan Capistrano Fiesta Association had agreed to be the lead agency in
planning, organizing and coordinating the annual Fiesta De Las Golondrinas celebration
to be held on March 25, 2000. The Memorandum of Understanding defined
responsibilities regarding this event. The Fiesta Association had also requested
consideration for a waiver of permit fees for the Parade day events, and for other fund-
raising events during the year. The Association had further requested granting of an
exception to the City's firearm regulations to allow discharge of firearms for Hoos'gow
Day activities and for the lead group at the Swallows Day Parade.
Approval of MOU and Adoption of Resolution:
It was moved by Council Member Hart and seconded by Council Member Swerdlin that
the Memorandum of Understanding be approved recognizing the Fiesta Association as
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the lead agency for the Fiesta De Las Golondrinas celebration; and, that the following
Resolution be adopted approving (1) a permit fee waiver for the 2000 Fiesta De Las
Golondrinas events, Adios to the Swallows barbecue and July 4th celebrations; and (2)
an exception to the City's firearm discharge regulations as permitted in Municipal Code
Section 5-14.02 for events on Hoos'gow and Parade days:
_RESOLUTION NO. 00-2-15-3, APPROVING WAIVER OF CITY PERMIT
FEES TO SAN JUAN CAPISTRANO FIESTA ASSOCIATION AND
GRANTING OF EXCEPTION TO FIREARMS DISCHARGE
REGULATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
REQUEST FOR A WAIVER OF CITY PERMIT FEES TO THE SAN
JUAN CAPISTRANO FIESTA ASSOCIATION FOR THE EVENTS
ASSOCIATED WITH THE 2000 FIESTA DE LAS GOLONDRINAS
CELEBRATION, SWALLOWS DAY PARADE, ADIOS TO THE
SWALLOWS FALL BARBECUE AND JULY 4TH CELEBRATION, AND
THE GRANTING OF AN EXCEPTION TO THE CITY'S FIREARM
DISCHARGE REGULATIONS FOR HOOS'GOW DAY AND
SWALLOWS PARADE DAY
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
�- and Mayor Campbell
NOES: None
ABSENT: None
ORDINANCES - None
COUNCILMANIC ITEMS
Nan-Agendized Item - Resolution Su Qortina Measure F, the Safe and .Healthy
Communities Initiative on the March 7 2000 Ballot 630.30
Addition of Item to Agenda:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to find that the following item was not available prior to the
publication of the agenda and consideration was necessary because there would not
be another Council meeting before the March 7, 2000, election.
Written Communications:
Report dated February 15, 2000, from the Assistant City Manager, advising that
Measure F, the Safe and Healthy Communities Initiative, required that no civilian airport,
hazardous waste landfill or new or expanded jail project would be valid and effective
unless ratified by a two-thirds majority of voters. Concern had been expressed by the
El Toro Reuse Planning Authority (ETRPA) about the planning process used by the
County of Orange regarding the best use of the former Marine Corps Air Station in El
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r
Toro. Due to the City being an associate member of ETRPA, it was recommended that
the City Council approve a resolution expressing support for Measure F.
Council Comments:
Mayor Campbell and Council Member Bathgate expressed concern with the addition of
jails in Measure F initiative, but noted they did not support a commercial airport at EI
Toro.
Adoption of Resolution:
It was moved by Mayor Campbell and seconded by Council Member Hart that the
following Resolution be adopted supporting Measure F:
RESOLUTION NO. 00-2-15-4, SUPPORTING MEASURE F ON THE
MARCH 7, 2000 BALLOT - A RESOLUTION OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, SUPPORTING ORANGE COUNTY
MEASURE F ON THE MARCH 7, 2000 BALLOT - THE SAFE AND
HEALTHY COMMUNITIES INITIATIVE
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSENT: None
1. REVIEW OF CITY COUNCIL APPOINTMENTS 610.80 CONTINUED FROM
JANUARY 18 2000
Written Communications:
Report dated February 15, 2000, from the Community Liaison.
Continuation of Review of City Council A ointments:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to continue review of City Council appointments to the regular
meeting of March 7, 2000.
2. ANNUAL APPOINTMENT TO COMMISSIONS AND COMMITTEES 110.20
Written Communications:
Report dated February 15, 2000, from the Personnel Manager, advising that the term
of office for all advisory group appointments expires on March 31 of each year. The
annual review process was advertised in local newspapers in January, 2000, with
currently appointed Commissioners and Committee members notified at the same time.
Designation of Subcommittee:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried that Council Members Bathgate and Greiner be selected as a
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subcommittee to review applications, make recommendations and initiate additir 'al
recruitment if necessary regarding annual appointments to Commissions nJ
Committees.
2, ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill Eastern and San Joaquin Hills Transaortation Corridors (00.50)
Mayor Campbell thanked Council Member Hart for attending meetings in her
absence.
b. Library Advisom-Board(950.20J
Council Member Greiner noted that additional funds had been received through
the State/County and that the San Juan Capistrano library received 22 new
computers.
C. Orange County Waste Management Commission (810. 10)
Council Member Greiner noted his attendance at a meeting regarding regional
landfill options for Orange County.
d. Orange County Vector Control District 560.50
Council Member Swerdlin noted that a former Marine had been hired to
administer the Red Imported Fire Ant Program.
COUNCIL COMMENTS - None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:30 p.m.
to the next regular meeting date of Tuesday, March 7, 2000, at 7:00 p.m. in the City Council
Chamber.
Respectfully submitted,
CHERYL AMNSON, CITY CLERK
ATTEST:
LENE,2AMPBELL, MAYOR
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