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00-0404_CC_Minutes_Regular Meeting025 APRIL 4, 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 purposes, as authorized by statute: Pursuant to Government Code Section 54957, the City Council will conduct a performance evaluation of the City Manager. 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 7:02 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Brian Wood, Calvary Chapel of San Juan Capistrano. ROLL CALL: PRESENT: Collene Campbell, Mayor Wyatt Hart, Mayor pro tem Diane Bathgate, Council Member 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; Dawn Schanderl, Deputy City Clerk; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King, Community Services Director; Lt, Rick Stahr, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Campbell announced there was no action to report from the Closed Session. INTRODUCTION PRESENTATIONS AND DONATIONS 1. RECOGNITION OF LONG-TERM_ EMPLOYEES (730.90) Written Communications: Report dated April 4, 2000, from the Personnel Manager, advising that Karen Crocker, Community Services Manager, had reached 10 years of service. City Council Minutes -1- 4/4/00 026 Karen Crocker was present to receive the Certificate recognizing her years of service to the City. 2. PROCLAMATION DESIGNATING MAY 13, 2000 AS FIRE SERVICE RECOGNITION DAY (610.40) This item was continued until the arrival of Battalion Chief Greg Peterson later in the meeting. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING _(110.10) Mayor pro tem Hart introduced the following persons in attendance: Sheldon Cohen, Planning Commission; Maryrose Winkler, Marie Buckner, Joann deGuevara, Jessica Dean and Ethel Tregarthen, Housing Advisory Committee; and, Julie Emerson of the Transportation Corridor Agency. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY/ CAPISTRANO VALLEY WATER DISTRICT) - None CONSENT CALENDAR It was moved by Council Member Greiner, 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 Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF MARCH 7,200 The Minutes of the Regular Meeting of March 7, 2000, were approved as submitted with an amendment to Page 8, fifth paragraph, to include clarification that the Council's concerns regarding the Villa Paloma project would be met. 3. RECEIVE AND FILE WARRANTS OF MARCH 9. 2000 (300.30) The List of Demands dated March 9, 2000, in the total amount of $882,560.40, was ordered received and filed. City Council Minutes -2- 414100 027 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR JANUARY AND FEBRUARY 2000 330.50 The City Treasurer's Report of Cash Fund Balances for the months of January and February, 2000, was ordered received and filed. 5. RECEIVE AND FILE INVESTMENTS AS OF FEBRUARY 29. 200035( 0.30) The City Treasurer's Report of Investments as of February 29, 2000, was ordered received and filed. 6. APPROVAL OF CONTINUED CITY PARTICIPATION IN THE COUNTY'S MORTGAGE CREDIT CERTIFICATE PROGRAM FOR FIRST-TIME HOMEBUYERS 600.50 As set forth in the Report dated April 4, 2000, from the Planning Director, the following Resolution was adopted authorizing the City to continue to participate in the Mortgage Credit Certificate Program with the County of Orange to assist first-time homebuyers: RESOLUTION NO. 00-4-4-1. PARTICIPATION IN MORTGAGE CREDIT CERTIFICATE PROGRAM -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING CONTINUED PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE PROGRAM WITH THE COUNTY OF ORANGE FOR FIRST-TIME HOME BUYERS (COUNTY OF ORANGE) 7. APPROVAL OF CONSTRUCTION LICENSE AGREEMENT -SAN JUAN MESA VERDE HOMEOWNERS ASSOCIATION - LA NOVIAILA RONDA DRAIN (CIP NO. 129) (600.30) As set forth in the Report dated April 4, 200, from the Engineering and Building Director, the Construction License Agreement with the San Juan Mesa Verde Homeowners Association for a catch basin construction project on the west side curb line of La Novia Avenue immediately upstream of the intersection with Paseo La Ronda, was approved to allow the portion of the project on private property to proceed. The Mayor and City Clerk were authorized to sign the Agreement. The License Agreement will be effective for the period ending with the filing of a Notice of Completion or December 31, 2001, whichever is sooner. 8. APPROVAL OF LICENSE AGREEMENT FOR JOINT USE OF ACCESS DRIVEWAY AND PARKING IMPROVEMENTS AT THE INTERSECTION OF CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD (SILVERADO SENIOR LIVING, INC.) (600.30) As set forth in the Report dated April 4, 2000, from the Planning Director, the License Agreement with Silverado Senior Living, Inc., was approved, providing for reciprocal use of the access driveway and parking improvements. City Council Minutes -3- 414140 a21S 9. APPROVAL OF RESOLUTION ACCEPTING AN EASEMENT FROM CALIFORNIA FIRST PROPERTIES FOR THE DOWNTOWN LIGHTING PROJECT (670.50) As set forth in the Report dated April 4, 2000, from the Engineering and Building Director, the following Resolution was adopted accepting an easement from California First Properties, owner of the Union Bank of California lot, for installation of light pole #2 in the City's downtown pedestrian lighting project: RESOLUTION NO. 00-4-4-2, ACCEPTING EASEMENT FOR DOWNTOWN LIGHTING PROJECT (CALIFORNIA FIRST PROPERTIES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR THE DOWNTOWN LIGHTING PROJECT FROM CALIFORNIA FIRST PROPERTIES The City Clerk was authorized to forward the Easement to the Orange County Recorder. 10. APPROVAL OF AMENDMENT TO THE AGREEMENT FOR HYDROGEOLOGIC SERVICES FOR THE NORTH AREA DOMESTIC WELL (RICHARD C. SLADE AND ASSOCIATES) (600.30) As set forth in the Report dated April 4, 2000, from the Public Works Director, the _ Amendment to the Personal Services Agreement with Richard C. Slade and Associates, for hydrogeologic services for the North Area Domestic Well was approved to acknowledge the increased scope and amount of work required in the amount of $13,000, for a total project cost of $35,874. 11. WITHDRAWAL OF RESOLUTION SETTING THE TIME AND DATE FOR A PUBLIC HEARING REGARDING VACATION OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES DECK EKUAN BILYK AND BIRTCHER 670.50 As set forth in the memorandum from the Engineering and Building Director, the Resolution forwarded by Report dated April 4, 2000, was withdrawn from the agenda to allow the affected parties additional time to work on the issues. 12. APPROVAL OF RESOLUTION PROVIDING FOR THE CITY OF RANCHO SANTA MARGARITA'S INCLUSION IN THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY (600.50) As set forth in the Report dated April 4, 2000, from the Assistant City Manager, the following Resolution was adopted supporting inclusion of the City of Rancho Santa Margarita in the Foothill/Eastern Transportation Corridor Agency: City Council Minutes -4- 414100 029 RESOLUTION NO. 00-4-4-3, APPROVING ADMISSION OF THE CITY OF RANCHO SANTA MARGARITA AS A MEMBER OF THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY FOR ADMISSION OF THE CITY OF RANCHO SANTA MARGARITA AS A MEMBER The following items were removed from the Consent Calendar: AWARD OF CONTRACT FOR THE FOURTH OF JULY AERIAL FIREWORKS DISPLAY (PYRO SPECTACULARS) (600.30) Written Communications: Report dated April 4, 2000, from the Community Services Director, forwarding a contract with Pyro Spectaculars, in the amount of $13,000, for a manually -fired aerial display. The Community Services Director advised that staff had worked to resolve issues associated with the past Fourth of July events, including an inadequate sound system and the choreographing and synchronization of the music and fireworks in conjunction with an electronically -fired display. He advised that a revised proposal had been received from Pyro Spectaculars for an electronically -fired, synchronized and choreographed show in the amount of $15,700. He advised that additional 4" and 5" shells could be obtained for additional funds. Council Member Swerdlin noted his support of the proposed improvements and additional shells, indicating that there had been a rebate from last year's show that could be applied. Approval of Electronically -Fired Display/Revised Contract: It was moved by Council Member Swerdlin, seconded by Council Member Hart and unanimously carried to approve the revised contract for an electronically -fired, synchronized and choreographed fireworks display, including additional funds in the amount of $2,000 for additional 4" and 5" shells for a total contract price of $17,700. AWARD OF CONTRACT - CITY STREET SWEEPING SERVICES (CALIFORNIA STREET MAINTENANCE, INC.) (600.30) Written Communications: Report dated April 4, 2000, from the Public Works Director, forwarding a contract with California Street Maintenance, Inc., to provide City street sweeping services for a three- year period commencing May 1, 2000 and ending April 31, 2003, in the amount of $213,864. City Council Minutes -5- 414100 030 Public Input: (1) Debra Kaye, Sunset Property Services, 16251 Construction Circle West, Irvine, California 92606, spoke in support of continuing the current one-year extended street sweeping contract with Sunset Property Services. She indicated that her company would meet the low bid submitted by California Street Maintenance, Inc., and requested that item be continued for two weeks to allow staff time to consider their offer. (2) John Howhannesian, President of Sunset Property Services, responded to Council Member Swerdlin, and advised that their offer to meet the low bid had been deferred to this point in the hope that the original contract with the City would be honored and consideration would be given to the number of years of service and the state of art equipment that had been proposed. The City Manager advised that a Request for Proposal for street sweeping services had been conducted; that Sunset Property Services had indicated that they wished to negotiate an extension under the existing contract; and, that staff had advised Sunset Property Services that price was the overriding concern. He noted that their proposal had not been competitive and staff had April 17, 2000recommended award of the contract to the lowest proposal. Award of Street Sweeping Service It was moved by Council Member Bathgate, seconded by Council Member Greiner and unanimously carried to award the City Street Sweeping Services to California Street Maintenance, Inc., for a three-year period in the amount of $213,864. PUBLIC HEARINGS CONSIDERATION OF SUBMITTAL OF COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FUNDING YEAR 2000 TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 480.20 Proposal: Hearing held to receive citizen input regarding submittal of a Community Development Block Grant Application for Funding Year 2000. A_pplicartt. City of San Juan Capistrano Written Communications: Report dated April 4, 2000, from the Planning Director, advising that the City had received grant funding from the State totaling approximately $1.5 million over the past two years for housing rehabilitation. The Report advised that given the amount to funds remaining to be spent and the ability of local contractors to complete the work, the City would be unable to spend any additional funds within the State's specified time limits. Therefore, staff recommended that an application for funding not be submitted for Funding Year 2000. City Council Minutes -6- 414100 031 The Planning Director made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the public hearing, and the following person responded: (1) Jessica Dean, 27032-C Paseo Burladero, member of the Housing Advisory Committee and the Mary Erickson Foundation, indicated concurrence with the staff recommendation because the City had been so successful with its applications to the State. She stated concern that there be assurance that a non -application would not jeopardize future applications. She recommended that work be started on next year's application. There being no further response, Mayor Campbell closed the Hearing with the right to re -open at any time. The Planning Director indicated that not submitting an application this year did not in any way jeopardize future applications. Confirmation of Staff Recommendation: It was moved by Council Member Hart, seconded by Council Member Swerdlin to confirm the staff recommendation to not submit an application to the State Department of Housing and Community Development for funding year 2000. 2. JOINT PUBLIC HEARING FOR CONSIDERATION OF LITTLE HOLLYWOOD AFFORDABLE HOUSING PROGRAM GUIDELINES AND OPERATING PROCEDURES AND AMENDMENTS TO STANDARD LEASE AGREEMENT 600.10 Written Communications: Report dated April 4, 2000, from the Administrative Services Director, recommending that the hearing be continued to allow time for all affected parties to review the proposed modifications. Continuation of Hearing: Notice having been given as required by law, Mayor Campbell opened the public hearing and, there being no response, it was moved by Council Member Swerdlin, seconded by Council Member Bathgate and unanimously carried to continue this hearing to April 18, 2000. RECESS AND RECONVENE Council recessed at 7:35 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:45 p.m. City Council Minutes -7- 414100 032 ADMINISTRATIVE ITEMS PLANNING DIRECTOR 1. SELECTION OF CONSULTANT SERVICES FOR PREPARATION OF COMPREHENSIVE REVISION TO TITLE 9 OF THE MUNICIPAL CODE COTTONIBELANDIASSOCIATES 600.30 Written Communications: Report dated April 4, 2000, from the Planning Director, advising that the recently - adopted General Plan included a number of implementation measures that identified amendments to Title 9 to achieve the vision of the City and the individual Elements of the General Plan. The Report forwarded an agreement with CottonlBelandlAssociates to prepare a comprehensive revision to Title 9. The Planning Director made an oral report. Approval of Agreement: It was moved by Council Member Greiner, seconded by Council Member Hart and unanimously carried to approve the Personal Services Agreement with CottonlBelandlAssociates to prepare a comprehensive revision to Title 9 of the Municipal Code in order to implement provisions of the recently -adopted General Plan. The agreement will be effective for the period ending March 15, 2001 at a cost not to exceed $78,995. The City Manager was authorized to sign the agreement on behalf of the City. 2. APPROVAL OF CONCEPT PLAN FOR CAPITAL IMPROVEMENT PROJECT 00-772 NORTH OPEN SPACE WELL (1050.50) Written Communications: Report dated April 4, 2000, from the Planning Director, advising that the Capistrano Valley Water District wishes to construct a single -story 608 -square -foot well pump house on a the Swanner property located west of Camino Capistrano and north of Trabuco Creek. The Report noted that the project was compatible with nearby existing and proposed land uses and was consistent with the objectives of the Community Design Element. A site plan and color choices were on display and Richard Greenbauer, Assistant Planner, made an oral presentation. Certifying Negative Declaration/Approval of Capital Imgrovement Project: It was moved by Council Member Swerdlin, seconded by Council Member Greiner that the following Resolution be adopted: City Council Minutes -a- 414!00 033 — RESOLUTION NO. 00-4-4-4, CERTIFYING NEGATIVE DECLARATION AND APPROVING NORTH OPEN SPACE WELL IMPROVEMENT PLAN (CAPITAL IMPROVEMENT , PROJECT 00-7721CAPISTRANO VALLEY WATER DISTRICT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION AND APPROVING THE CAPISTRANO VALLEY WATER DISTRICT'S NORTH OPEN SPACE WELL IMPROVEMENT PLANS FOR A 31.28 -ACRE PARCEL LOCATED IMMEDIATELY NORTH OF TRABUCO CREEK AND WEST OF CAMINO CAPISTRANO AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL NUMBER 121-050-019 (NORTH OPEN SPACE WELL IMPROVEMENT) The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES. None ABSENT: None 3. APPROVAL OF TREE MAINTENANCE AND PRESERVATION AGREEMENT WITH SYCAMORE BUSINESS CENTER (SPAULDING) (600.30) Written Communications: Report dated April 4, 2000, from the Planning Director, advising that the Sycamore Business Center property owner had submitted a tree Removal Permit for 21 Red Gum eucalyptus trees that had been infected by the Red Gum Lerp Psyllid, subject to replacement planting. The Planning Director made an oral report, noting that while there was no known cure, direct injections of insecticides could help maintain the health of an infected tree while methods to fight the infestation are being developed. He noted that the Planning Commission had recommended that the trees be retained due to their importance to the community's viewshed and that the City consider assuming the cost of trying to maintain the trees during an interim two-year period. If a permanent solution had not been identified at the end of the two-year period, then the property owner would be allowed to remove the trees. Council discussed liability issues and the City Attorney advised that the only liability the City could incur under the agreement was where a possible connection could be shown between the actions of the contractor doing the work of maintaining the trees and the damage itself; each damage situation would be reviewed on its own merit. Council Member Swerdlin stated a preference fora one-yearterm on the agreement, ratherthan the recommended two-year term, stating concerns for the City incurring ongoing obligations. City Council Minutes -9- 414!00 034 Public Input: Dick Spaulding, 31511 Via Estelita, San Juan Capistrano, owner of the Sycamore Business Park, noted that the arborist had indicated there were eight trees in poor condition. He felt that if there was not a good chance to save those trees, it would be better to replace them now with trees that would be a good size in two years. He also questioned whether the City would take responsibility for cleaning up the mess caused by the trees if the decision were made to go ahead with the Agreement. He was advised that the cost estimate also included basic clean-up of the lerp droppings on the ground. Council discussed the disposition of the trees that had been identified as being in poor condition, noting that the arborist's recommendation included removal of Tree No. 19. Approval of Tree Maintenance and Preservation Agreement: It was moved by Council Member Swerdlin, seconded by Council Member Greiner to approve removal of Tree No. 19, and to approve a one-year Tree Maintenance and Preservation Agreement with Richard and Pamela Spaulding, with an optional one-year extension, for City assumption of all maintenance and liability associated with preserving the trees, as identified in the Agreement, in the amount of $4,000 annually. Staff was directed to work closely with the arborist and Mr. and Mrs. Spaulding regarding how the other trees in poor condition would be dealt with; if it was determined there were trees to be removed that action would be brought before the City Council. RECESS AND RECONVENE Council recessed at 8:15 p.m., and reconvened at 8:22 p.m. INTRODUCTIONS AND PRESENTATIONS (CONTINUED) PROCLAMATION DESIGNATING MAY 13 2000 AS FIRE SERVICE RECOGNITION DAY 610.40) This item was taken out of order from the agenda to accommodate the attendance of Battalion chief Greg Peterson. Written Communications: Report dated April 4, 2000, from the Community Liaison, recommending that Saturday, May 13, 2000, be designated as Fire Service Recognition Day. Mayor Campbell read the Proclamation. Battalion Chief Greg Peterson was present to accept the Proclamation. ADMINISTRATIVE ITEMS CONTINUED ENGINEERING AND BUILDING DIRECTOR APPROVAL OF 1999-00 MIDYEAR CAPITAL IMPROVEMENT PROGRAM 330.40 Written Communications: Report dated April 4, 2000, from the Director of Engineering and Building Director, advising that the approved 1999-00 Capital Improvement Program had been reviewed City Council Minutes -10- 414100 035 in light of actual revenues to midyear and projected revenues to the end of the fiscal year. The Report forwarded revised revenues and project changes for Council consideration. The Engineering and Building Director made an oral report. Approval of Mid -year Program: It was moved by Council Member Hart, seconded by Council Member Swerdlin, and unanimously carried to approve the 1999-00 Midyear Capital Improvement Program. ADDITIONAL ITEM Ortega Highway Widening Project Landscaping 800.20 It was moved by Mayor Campbell, seconded by Council Member Swerdlin and unanimously carried to find that this item was not available prior to publication of the agenda and action was necessary at this time. Mayor Campbell advised a letter had been received from the Director of Caltrans indicating that the landscaping for the Ortega Highway Widening Project was completed and was in the warranty period. Mayor Campbell advised that photographs had been taken of the landscaping showing the extensive erosion, unacceptable levels of plantings, and lack of watering. She asked that a letter be written to Caltrans stating the City's feelings and forwarding the photographs. Preparation of Letter: It was moved by Mayor Campbell, seconded by Council Member Swerdlin and unanimously carried to prepare a letter to Caltrans, with a copy to the Governor, for the Mayor's signature expressing the Council's displeasure with the condition of the landscaping associated with the Ortega Highway widening project. ORDINANCES - None COUNCILMANIC ITEMS 1. REVIEW OF CITY COUNCIL APPOINTMENTS (610.80) (CONTINUED FROM MARCH 21, 2000) Written Communications: Report dated April 4, 2000, from the Community Liaison, forwarding a listing of current Council appointments. Approval of Appointments: It was moved by Council Member Swerdlin, seconded by Council Member Greiner and unanimously carried to appoint Council Member Bathgate to represent the City on the Floodplain Management Committee, the Interjurisdictional Planning Committees GMA 9 & 11 and to appoint Council Member Hart to represent the City and Council Member Swerdlin to be the alternate on the South Orange County Reclamation Authority. Consideration of appointment to replace Council Member Greiner on the Floodplain Management Committee and an alternate representative to the Interjurisdictional Planning Committee was continued to April 18, 2000. City Council Minutes -11- 414100 036 2. CONTINUATION OF ANNUAL REVIEW OF COMMISSIONS AND COMMITTEES 110.20 CONTINUED FROM MARCH 21 2000 Written Communications: Report dated March 21, 2000, and resubmitted April 4, 2000. It was moved by Council Member Swerdlin, seconded by Council Member Greiner and unanimously carried to continue this item to the meeting of April 18, 2000. 3. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern Corridor (800.5 Mayor Campbell stated that it was imperative that everything possible be done toward completion of the corridor. Mr. Scarborough noted that the majority of tickets given on Ortega Highway were to out-of-towners. b. San Juan Basin Authority (1050.60? Council Member Hart noted that the Authority was working on well ownership. COUNCIL COMMENTS - None ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8.47 p.m. to the next regular meeting date of Tuesday, April 18, 2000, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, DAWN SCH DERL, DEPUTY CITY CLERK City Council Minutes -12- 414/00