00-0620_CC_Minutes_Regular Meeting089
June 20, 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 54957.6, the City Council will confer with its
Labor Negotiator (City Manager) regarding Terms and Conditions of Employment
(Management and Classified Employees)
2. Pursuant to Government Code Section 54956.9(b)(1), the City Council will confer with
its Legal Counsel regarding one matter.
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 Pastor Bruce Robinson, Pacific Bible
Church. The meeting was dedicated to Deputy Parsons, an Orange County Sheriffs
motorcycle office who was injured in the line of duty in Aliso Viejo. Al King, Community
Services Director, presented highlights of the upcoming San Juan Summer Nites series and
the July 4th celebration.
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; Cheryl Johnson, 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 were no actions to report from the Closed Sessions.
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INTRODUCTION, PRESENTATIONS AND DONATIONS
1. PRESENTATIONS TO FORMER COMMISSIONERS (110.30)
Written Communications:
Report dated June 20, 2000, from the City Manager, indicating that Richard Collins
should be recognized for 3 years of service on the Housing Advisory Committee; and
Eileen Krause for 1 year on the Water Advisory Commission.
Mr. Collins and Mrs. Krause were present to receive plaques.
2. PROCLAMATION DESIGNATING AUGUST 26, 2000, AS "FAMILY FUN DAY -
CITIZENS CELEBRATING NO JETS AT EL TORO" (610.40)
Written Communications:
Report dated June 20, 2000, from the Community Liaison, advising that the Citizens for
Safe and Healthy Community would hold the event on August 26 in order to further their
cause and raise funds.
Jack Lynch, representing the Citizens for Safe and Healthy Communities, was present
to receive the Proclamation from Mayor Campbell.
3. PROCLAMATION DESIGNATING JULY AS PARKAND RECREATION MONTH
(610-401
Written Communications:
Report dated June 20, 2000, from the Community Services Director, advising that July
had been designated as the National Parks and Recreation Appreciation Month and
recommending that July also be designated as Parks and Recreation Appreciation
Month in San Juan Capistrano.
Bob Cardoza, Chairman of the Parks, Recreation and Equestrian Commission was
present to receive the Proclamation.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart introduced the following persons in attendance: Ed Johnson and Bill
Sonka, Planning Commission; Tom Ostensen and Bob Cardoza, Parks, Recreation and
Equestrian Commission; Marie Buckner, Jessica Dean and Maryrose Winkler, Housing
Advisory Committee; Gil and Millie Jones; June Simmons.
ORAL COMMUNICATIONS (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY)
Senior Citizen Volunteerism 595.10
Pat Grinnell, 26000 Avenida Aeropuerto, Space 24, stated her opinion that there was
much talent in the senior citizen community and senior citizens needed to remain active
and contributing to the community and childrens' welfare.
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2. Council Obligations (610.70)
Bobbie Decker, 26000 Avenida Aeropuerto, Space 49, stated her opinion that the
Council and staff did not listen to residents of the community and it was Council's
obligation to listen and protect the citizens.
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, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
1. MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF MAY 16, 2000
The Minutes of the Regular Meeting of May 16, 2000, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JUNE 1, 2000 (300.30)
The List of Demands dated June 1, 2000, in the total amount of $666,495.23, was
ordered received and filed.
4. RECEIVE AND FILE INVESTMENTS AS OF APRIL 30, 2000 (350.30)
The City Treasurer's Report of Investments as of April 30, 2000, was ordered received
and filed.
5. APPROVAL OF REIMBURSEMENT OF COSTS FOR RESURFACING A
PORTION OFTHE PUBLIC RIGHT-OF-WAY INA PRIVATE PARKING LOTAT
32302 CAMINO CAPISTRANO (BROWNISOLANA RINCON BUILDING)
39� 0.40)
As set forth in the Report dated June 20, 2000, from the Engineering and Building
Director, the waiver of permit fees and the reimbursement of costs for resurfacing
improvements to a public right-of-way portion of a private parking lot at 32302 Camino
Capistrano, in the total amount of $269.50, was approved.
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6. ADOPTION OF RESOLUTION CERTIFYING THE CITY'S PAVEMENT
MANAGEMENT PROGRAM AND AUTHORIZATION TO SUBMIT THE
MEASURE M ELIGIBILITY PACKAGE (820.25)
As set forth in the Report dated June 20, 2000, from the Engineering and Building
Director, the following Resolution was adopted certifying the City's Pavement
Management Program:
RESOLUTION NO. 00-6-20-1, CERTIFYING EXISTENCE OF A
PAVEMENT MANAGEMENT PROGRAM - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING THE EXISTENCE OF A PAVEMENT
MANAGEMENT PROGRAM
Staff was authorized to submit the Measure M eligibility package to the Orange County
Transportation Authority.
7. APPROVAL OF THE 2000-01 SOUTHEAST REGIONAL RECLAMATION
AUTHORITY BUDGET 330.50
As set forth in the Report dated June 20, 2000, from the Engineering and Building
Director, the SouthEast Regional Reclamation Authority Fiscal Year 2000-01 was
approved in the amount of $4,754,700; the City's share of $1,392,240 was adopted for
allocation to the various SouthEast Regional Reclamation Authority accounts and
funded from Sewer enterprise revenues.
8. ADOPTION OF RESOLUTION - ORANGE COUNTY COMBINED
TRANSPORTATION FUNDING PROGRAM ANNUAL CONSISTENCY REVIEW
940.45
As set forth in the Report dated June 20, 2000, from the Engineering and Building
Director, the following Resolution was adopted making the finding of consistency
between the arterial portion of the City's Circulation Element and the County's Master
Plan of Arterial Highways:
RESOLUTION NO. 00-6-20-2, CONSISTENCY REVIEW FOR
CONFORMANCE WITH COUNTY MASTER PLAN OF ARTERIAL
HIGHWAYS -A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONCERNING THE
STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SAN
JUAN CAPISTRANO AND REVIEW FOR CONFORMANCE WITH THE
COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS
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6120100
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9. APPROVAL OF REQUEST FOR ISSUANCE OF AN EXCEPTION FOR
FIREARM _DISCHARGE fCAPISTRANO PAGEANUMISSION PAGEANT
FOUNDATIOM (58_,x.101
As set forth in the Report dated June 20, 2000, an exception as permitted in Municipal
Code Section 5-14.02 was granted giving the Capistrano Pageant permission to
discharge firearms as part of their historic re-enactment efforts taking place at both the
Mission and the Historic Town Center Park on Friday, August 4, through Sunday,
August 6, 2000
10. APPROVAL OF CONTRACT- LOS RIOS ENTRY PLAZA PROJECT (GREEK'S
CONCRETE) 600.30)
As set forth in the Report dated June 20, 2000, from the Public Works Director, the
contract for removal of decomposed granite on the southerly half of the Los Rios Plaza
and replacement with used brick and terra cotta pavers to match the northerly portion
of the plaza was awarded Greek's Concrete, in the amount of $13,755 for the period
ending July 3, 2000.
11. APPROVAL OF AGREEMENT - CITY TREE TRIMMING SERVICES (WEST
COAST ARBORISTS, INC.) (600.30)
As set forth in the Report dated June 20, 2000, from the Public Works Director, the
Personal Services Agreement to provide City tree trimming services, was awarded to
West Coast Arborists, Inc., for the three year period ending June 31, 2003, in the total
amount of $85,200.
12. APPROVAL OF AGREEMENT - CITY LANDSCAPE MAINTENANCE
BOTACO INC. 600.30
As set forth in the Report dated June 20, 2000, and the memorandum dated June 12,
2000, regarding issuance of Addendum No. 1, the Personal Services Agreement to
provide City Landscape Maintenance Services was awarded to BotaCo, Inc., for the
three-year period ending June 31, 2003, in the amount of $920,381.76.
13. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS X40._14).
The Report dated June 20, 2000, from the Planning Director, advising that no new
application had been received since the last Report on May 16, 2000, was ordered
received and filed.
PUBLIC HEARINGS
REVIEW OF FISCAL YEAR 2000-01 OPERATING BUDGET (330.20)
Proposal:
Consideration of the proposed Fiscal Year 2000-01 Operating Budget.
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Written Communications:
Report dated June 20, 2000, from the Administrative Services Director, recommending
that discussion commence regarding the proposed expenditures levels and that the
public hearing be continued to July 5, 2000 for final adoption.
The Administrative Services Director highlighted the proposed expenditures and new
programs.
Council Discussion:
Council Member Swerdlin requested that the provision of laptop computers for Council
Members be included in the budget to allow access to their email and to reduce
paperwork. Council Member Hart initiated discussion of the proposed new Volunteer
Mounted Posse program, stating that the concept was excellent; however, there were
implementation issues to be worked out. He felt civilian personnel should not be
running the program and volunteers should not be in the field without a sworn officer.
Continuation of Public 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 Greiner,
seconded by Council Member Swerdlin and unanimously carried to continue the public
hearing to the meeting of July 5, 2000, with direction that the Volunteer Mounted Posse
program be deleted and that Council laptop computers be included for consideration.
2. CONSIDERATION OF 2000-2007 CITY SEVEN-YEAR CAPITAL
IMPROVEMENT PROGRAM 330.40
Proposal
Consideration of the City's seven-year Capital Improvement Program.
Written Communications:
Report dated June 20, 2000, from the Engineering and Building Director, recommending
that discussion commence on the proposed seven-year Program and that the public
hearing be continued to July 5, 2000 for final adoption.
The Engineering and Building Director made an oral presentation, noting that the slurry
seal of Los Corrales streets could be included in the 2000-01 budget in the amount of
$72,000. He advised that staff had been unable to identify available funding for the
project in this fiscal year and suggested that it could be funded from General Fund
Reserves and repaid from future Systems Development funds.
Council Discussion:
Council Member Greiner inquired about the timeline for the Vereda Bikeway crossing
at the railroad. He was advised that funding had been identified and the design would
be completed prior to the end of the calendar year, with construction beginning in 2001.
Continuation of Public 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,
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seconded by Council Member Greiner and unanimously carried to continue the public
hearing to the meeting of July 5, 2000, with direction that the slurry seal of the Los
Corrals streets be included in the Fiscal Year 2000-01 budget.
RECESS AND RECONVENE
Council recessed at 8:33 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 8:41 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
DELETION OF THE BUILDING OFFICIAL POSITION FROM THE CITY
CLASSIFICATION AND COMPENSATION PLAN AND CREATION OF THE
POSITION OF DEVELOPMENT SERVICES MANAGER (700.20)
Written Communications:
Report dated June 20, 2000, from the City Manager, recommending that the position
of Development Services Manager be created to allow for improved administrative
coordination and organizational management of the Engineering and Building
Department.
Approval of New Position:
It was moved by Council Member Swerdlin, seconded by Council Member Hart that the
following Resolution be adopted:
RESOLUTION NO. 00-6-20-3 AMENDING RESOLUTION NO.
94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN (DEVELOPMENT SERVICES MANAGER) - 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 (DEVELOPMENT SERVICES MANAGER)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSENT: None
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ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF RESOLUTION ADOPTING REVISED SCHEDULES: (1)
DEVELOPMENT APPLICATION FEE AND DEPOSIT SCHEDULE; (2)
ENGINEERING FEE SCHEDULE_ (420.20)
Written Communications:
Report dated June 20, 2000, from the Engineering and Building Director, recommending
that the City's application fee and deposit system be modified to include the processing
of Lot Line Adjustment applications as a flat fee of $1,750 within the Engineering Fee
Schedule; and, that the Engineering Fee Schedule also be updated to include new and
revised fees associated with the development application process.
The Engineer and Building Director made an oral presentation.
Adoption of Revised Schedules:
It was moved by Council Member Swerdlin, seconded by Council Member Hart that the
following Resolution be adopted:
RESOLUTION NO. 00-6-20-6, ADOPTING REVISED DEVELOPMENT
APPLICATION FEEIDEPOSITAND ENGINEERING FEE SCHEDULES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING REVISED DEVELOPMENT
APPLICATION FEE AND DEPOSIT AND ENGINEERING FEE
SCHEDULES AS AUTHORIZED BY TITLE 9, CHAPTER 2, ARTICLE 3,
SECTION 9-2.316 OF THE MUNICIPAL CODE; REPEALING
RESOLUTION NO. 90-11-6-2; AND, AMENDING RESOLUTION NO.
99-2-16-2
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSENT: None
2. CONSIDERATION OF PROJECT ALTERNATIVES- LOS RIOS PARKING LOT
570.7Q
Written Communications:
Report dated June 20, 2000, from the Engineering and Building Director, forwarding
budgets for three concept locations for construction of a public parking lot on
Community Redevelopment Agency -owned property in the Los Rios District; Option 1
located the lot close to Los Rios Street, Option 2 located the lot midway between Paseo
Adelanto and Los Rios Street, and Option 3 located the lot close to Paseo Adelanto.
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Staff had recommended a project based on Option 1 with minimal landscaping and no
lighting.
Exhibits depicting the Agency -owned property and parking lot alternatives were on
display. The Engineering and Building Director described the proposals and noted that
the estimated costs for Option 1 ranged from $438,000 to $679,000. The staff -
recommended project was estimated at $562,000.
Public Input:
(1) Gil Jones, 31791 Los Rios Street, noted that Lobo Street was now lined with
parked cars and that people parked in his lot and walked into the Historic District.
He felt the parking lot needed to be near Los Rios Street for convenience and
safety.
Council Discussion:
Council Member Greiner felt evening lighting was necessary. Mr. Huber advised that
lighting would add approximately $75,000 to the project cost. Council Member Swerdlin
stated concern that the parking lot be properly buffered from adjacent residences.
Council Member Bathgate stated support for placing the lot closer to Paseo Adelanto
with security lighting and landscaping. Council Member Hart concurred and felt lighting
was an important feature. Council Member Greiner also noted that placing the lot closer
to Paseo Adelanto would prevent traffic in the Los Rios District. Mayor Campbell noted
her concern that parking should be near Los Rios Street and suggested a public
workshop on the site.
Continuation to On -Site Workshot?:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to continue consideration of this matter to a special meeting to
conduct a public workshop on the site.
3. APPROVAL OF FINAL PARCEL MAP 97-225 AND LICENSE AGREEMENT
FOR USE OF PUBLIC RIGHT-OF-WAY (SCALZO FAMILY TRUST): AND
ACCEPTANCE OF IRREVOCABLE OFFER (COOK-ELLIOTT) AND
ACCEPTANCE OF EASEMENTS COOK-ELLIOTT AND BECK
(420.701600.301670.50)
Written Communications.
Report dated June 20, 2000, from the Engineering and Building Director, recommending
approval of the Final Map. The Report noted that access issues had been a major
challenge to resolve in a manner acceptable to the City, the applicants and all affected
adjacent property owners. The Report cited staff's recommendation that the City
continue to retain the road easement rather than vacate it, thus requiring the applicant
to acquire an additional easement to be able to access Del Obispo Street. In exchange
for the City retaining the road easement, the applicant would enter into a License
Agreement to improve and maintain the road to the satisfaction of the City Engineer.
The Tentative Map and maps showing a water easement and a road dedication were
on display. The Engineering and Building Director made an oral presentation,
City Council Minutes -9- 6/20/00
highlighting easements in the area. He discussed the options for access to the property
and noted that the Final Map were in compliance with the conditions. He discussed the
City's decision to retain the public road easements and the subsequent requirement for
a License Agreement. He further advised that language should be included in the
approving resolutions indicating that the City was accepting the road for public road
purposes and for use by the public. He indicated that until several hours ago, work had
continued on the License Agreement and there was a revised Agreement that was
acceptable to the City Attorney and to Mr. Scalzo's attorney and so staff recommended
approval.
Public Input:
(1) Roger Grable, 19100 VonKarman, 8th Floor, Irvine, 92623, representing the
Birtcher family, indicated there was no objection to subdivision of the property
and that they supported the access solution. However, they felt they had been
excluded from reviewing the implementation documents, thus they had due
process issues and wanted assurances there would be a public easement. He
further indicated they had not had an opportunity to review the proposed License
Agreement and requested a continuance to allow time for their review.
(2) Ed Connor, 30651 Steeplechase, representing the Birtcher family, also
requested a two-week continuance to allow time to review the License
Agreement.
(3) Art Birtcher, 32327 Del Obispo Street, had submitted a request to speak but
deferred to Ron Birtcher when called on.
(4) Ron Birtcher, 32331 Del Obispo Street, indicated that he had maintained the
roadway for 38 years, and while he had no qualms about the proposed
development, he was interested in access and utility, the right to obtain building
permits, maintenance of the road, and ownership responsibility. He also
requested a continuance.
(5) George Polycrates, civil engineer for the project, spoke regarding problems with
the License Agreement and Irrevocable Offer. He indicated that there was
access at this time and the License Agreement and Irrevocable Offer could be
eliminated.
(6) Marc Goldstein, 620 Newport Center Drive, representing the Scalzo family,
spoke in opposition to any delay of Final Map approval, stating they had met all
requirements. He stated there would be substantial civil liabilities associated
with a delay. He suggested that if the License Agreement was the problem, it
be eliminated and he would personally pledge that a neighborhood association
would be formed.
(7) Rick Scalzo, applicant, indicated he had met all requirements and felt he had
gone beyond the call of duty. He indicated he had been required to buy a road
for public purposes when all he wanted was an easement; that he did not want
the License Agreement; and, that he felt a fraud had been committed against
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-10- 6/20100
099
him. He stated everyone in the area would have what they always had, and he
was opposed to any delay due to substantial negative financial impacts.
Discussion ensued among the parties involved regarding possible deferral of the
License Agreement as long as the Final Map was approved at this time. Mr. Goldstein
noted that one of the key issues was financial participation in the road by all persons
wishing to take access off the road and the formation of a Neighborhood Association.
Mr. Goldstein stated that if approval of the Map was given at this time, rather than
continued to July 5th, the Neighborhood Association would be formed by July 5th.
Mayor Campbell called a recess and requested all parties involved to review the License
Agreement in an attempt to come to a resolution of the issues.
RECESS AND RECONVENE
Council recessed at 9:55 p.m. and reconvened at 10:05 p.m.
Mr. Goldstein indicated that all parties concerned concurred with the following wording
changes in the License Agreement. (1) Page 1, second paragraph, third line to read ".
. .a new Neighborhood Association, which shall be formed within 180 days after
recordation of the final map, comprised of persons whose ..." (2) Page 3, Section 2a.
1st paragraph, 9th line, to strike the works "and has been approved by the
Neighborhood Association" and include new wording to read "... entity has jointed the
Neighborhood Association, if one has been formed, on the same terms and conditions
as the other members of the Association and has paid ..." (3) Page 5, Section 7, the
following sentence to be inserted following the 2nd sentence: "Existing residents having
access to the road shall have the right to join the Neighborhood Association."
Approval of Final Map/License Agreement/Easement Acceptance:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner to
approval Final Parcel Map 97-225 as it conforms to the requirements of the Subdivision
Map act and the conditions set forth by Council Resolution No. 99-6-1-4; to approve the
License Agreement, as modified, for use of public right-of-way for improvement of a
private roadway; and, to adopt the following Resolutions consenting to the form of the
Irrevocable Offer of Dedication by Mary Cook -Elliott, and accepting the easements from
Mary Cook -Elliott and Dorothy Marie Beck:
RESOLUTION NO. 00-6-20-5, CONSENTING TO AN IRREVOCABLE
OFFER AND QUITCLAIM ASSESSOR PARCEL NUMBER 673-061-09
(MARY COOK-ELLIOTT) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONSENTING TO AN IRREVOCABLE OFFER AND QUITCLAIM FROM
MARY COOK-ELLIOTT FOR PUBLIC USE, INGRESS, EGRESS,
STREET, UTILITIES AND ACCESS PURPOSES WITHIN ASSESSOR'S
PARCEL 673-061-09, LOCATED NORTH OF DEL OBISPO STREET
EAST OF PASEO DE LA PAZ
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RESOLUTION NO. 00-6-20-6, ACCEPTANCE OF AN EASEMENT FOR
INGRESS, EGRESS, STREET, UTILITIES AND ACCESS PURPOSES
(MARY COOK-ELLIOTT) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FROM MARY COOK-ELLIOTT FOR
INGRESS, EGRESS, STREET, UTILITIES AND ACCESS PURPOSES
WITHIN ASSESSOR'S PARCEL 673-061-09, LOCATED NORTH OF
DEL OBISPO STREET EAST OF PASEO DE LA PAZ
RESOLUTION NO. 00-6-20-7, ACCEPTANCE OF AN EASEMENT FOR
INGRESS, EGRESS, STREET, UTILITIES AND ACCESS PURPOSES
(DOROTHY MARIE BECK) -A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FROM DOROTHY MARIE BECK FOR
INGRESS, EGRESS, STREET, UTILITIES AND ACCESS PURPOSES
WITHIN ASSESSOR'S PARCEL 673-061-08, LOCATED NORTH OF
DEL OBISPO STREET, EAST OF PASEO DE LA PAZ
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSENT: None
The City Clerk was directed to forward the Resolutions to the Orange County Recorder.
ADMINISTRATIVE SERVICES DIRECTOR
CONSIDERATION OF ALTERNATIVES FOR DISPOSITION OF LEASED
CITY -OWNED STABLE PROPERTY LOCATED AT 28432 CALLE ARROYO AT
AVENIDA SIEGA COMMONLY KNOWN AS MISSION TRAILS STABLE
60( 0.20)
Written Communications:
Report dated June 20, 2000, from the Administrative Services Director, advising that the
current lease with Mission Trails Stable had reached the end of its five-year term and
recommending that a Request for Proposal be prepared to solicit proposals for the use
of City -owned property at 28432 Calle Arroyo in its current use as a board stable facility.
The Administrative Services Director made an oral presentation.
Public Input:
Kate Roth, 30712 Hunt Club Drive, spoke in support of maintaining the equestrian use
at the site and for the open bidding process.
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Council Discussion:
Council Member Hart noted that the current operators had maintained the stable use
on the site for the last 20 years. They had been restricted financially by City
requirements and so had had financial problems; further, that they may not fully
understand the bidding process. He asked that the operators be contacted to determine
whether they intended to make a proposal for continued use of the property.
Continuation of Item:
It was moved by Council Member Hart, seconded by Council Member Greiner and
unanimously carried to continue consideration of this item to the meeting of July 18,
2000, to determine the current Lessor's level of interest in making a proposal for the
use.
COMMUNITY SERVICES DIRECTOR
APPROVAL OF CONTRACTS FOR AFTERSCHOOL RECREATION
PROGRAMS AND INCORPORATION OF ADDITIONAL FUNDING FOR
AFTERSCHOOL PROGRAMS AT THE BOYS & GIRLS CLUB, VIA POSITIVA_
SITE (BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC., AND CAMP
FIRE BOYS AND GIRLS, ORANGE COUNTY COUNCIL) (600.30).
Written Communications:
Report dated June 20, 2000, from the Community Services Director, recommending that
agreements with the Boys & Girls Club of Capistrano Valley and with Camp Fire Boys
& Girls, Orange County Council be approved to continue afterschool recreation
programs; and, that additional funding be provided to the Boys & Girls Club to
acknowledge opening of the new Via Positiva site, School District boundary changes
and opening of the new Kinoshita Elementary School.
Approval_ o__f Agreements
It was moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to: (1) waive the Request for Proposal process; (2) approve
agreements with the Boys & Girls Club of Capistrano Valley, Inc., in the amount of
$28,090 and with the Camp Fire Boys & Girls Orange County Council in the amount of
$51,120 to continue to provide afterschool recreation programs for the period ending
June 30, 2001; and, (3) to incorporate $10,000 additional funding for afterschool
programs at the Boys & Girls Club Via Positiva site into the Fiscal Year 2000-01 budget
process.
2. APPROVAL OF GYMNASIUM ANNUAL CALENDAR (FISCAL YEAR 2000-01)
210.10
Written Communications:
Report dated June 20, 2000, from the Community Services Director, forwarding the
proposal annual calendar for use of the City gymnasium.
Karen Crocker, Community Services Manager, made an oral presentation.
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102
Council Member Swerdlin noted fee reductions and waivers that had been granted and
moved to waive all fees, totaling $285, that would be assessed to the National Youth
Basketball Hot Hoops Division. Discussion ensued and the Community Services
Manager noted that the group had not requested a 100% fee waiver. The motion died
for lack of a second.
Approval of Annual Calendar:
It was moved by Council Member Greiner, seconded by Council Member Hart and
unanimously carried to approve the annual gymnasium calendar for the period of July 1,
2000 through June 30, 2001, and the staff -recommended fee reductions.
3. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR THE
OPERATION OF THE BOYS AND GIRLS CLUB OF CAPISTRANO VALLEY
VIA POSITIVA FACILITY AT THE SAN JUAN CAPISTRANO COMMUNITY
CENTER (600.30)
Written Communications:
Report dated June 20, 2000, from the Community Services Director, advising that a
Memorandum of Understanding, incorporating many key issues for the operation of the
new Boys & Girls Club Via Positiva facility, had been developed. The MOU addressed
issues such as sharing of common area maintenance responsibilities between the Club
and the City; reciprocal use of each other's facilities; coordination of calendars for usage
of facilities to prevent overcapacity and parking congestion related issues; utilities;
storage needs; insurance and indemnification clauses; term of the MOU; and,
termination.
Approval of Memorandum of Understand:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to approve the Memorandum of Understanding with the Boys and
Girls Club of Capistrano Valley for the operations of the Club's new youth services
facility on Via Positiva at the San Juan Capistrano Community Center site.
4. APPROVAL OF LICENSE AGREEMENT FOR PROPOSED REUSE OF
PORTIONS OF THE OLD FIRE STATION FACILITIES (CAPISTRANO BEACH
CITIES YMCA) (600.30
Written Communications:
Report dated June 20, 2000, from the Community Services Director, noting that since
Council rejection of proposals for reuse of the Old Fire Station facility in January, 2000,
staff had met with representatives of the Capistrano Beach Cities YMCA and the
Juaneno Band of Mission Indians regarding the potential for these groups to reuse
portions of the site. The report advised that since the YMCA needed to vacate their
present site by June 30th, a license agreement had been prepared for their
administrative use of the site only. It was anticipated that a proposal for use of the site
by the Juaneno Band of Mission Indians would be submitted in July.
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Public Input
(1) Ed Johnson, 30591 Via Ventana, had submitted a request to speak but waived
comment when called upon.
(2) Richard Kenealy, 31961 Paseo Amante, representing the San Juan Research
Institute, noted their bid for use of the property had been previously rejected. He
asked what the YMCA's financial program was; asked why they were paying
only maintenance and no rent; and, what the cost differential was with the
previous San Juan Research Institute proposal.
The City Manager advised that a written response would be provided.
Approval of License Agreement:
It was moved by Council Member Hart, seconded by Council Member Bathgate and
unanimously carried to approve the License Agreement with the Capistrano Beach
Cities YMCA for reuse of portions of the Old Fire Station facilities for administrative
purposes.
ORDINANCES
1. AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - ADOPTION OF
UNIFORM BUILDING CODES 450.30
Written Communications:
(1) Report dated June 20, 2000, from the City Clerk, advising that the Ordinance
had been introduced on of June 6, 2000, and was scheduled for adoption.
(2) Memorandum dated June 15, 2000, from the Engineering and Building Director,
noting that on June 6, 2000, Council had been requested to include adoption of
Appendix Chapter 31-A, Special Fire Protection Areas; however, upon further
review, such inclusion was unnecessary.
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
Hart, seconded by Council Member Swerdlin, that the following Ordinance be adopted:
ORDINANCE NO. 848, AMENDMENT TO TITLE 8 OF THE MUNICIPAL
CODE - BUILDING REGULATIONS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTERS 1 AND
2 OF TITLE 8, "BUILDING REGULATIONS", OF THE MUNICIPAL CODE
RELATING TO THE ADOPTION OF THE 1997 UNIFORM BUILDING
CODE AND APPENDIX CHAPTERS 15, 31-A, AND 33, THE 1996
NATIONAL ELECTRIC CODE, THE 1997 UNIFORM MECHANICALCODE,
THE 1997 UNIFORM PLUMBING CODE, THE 1997 UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1997 UNIFORM
HOUSING CODE, AND THE UNIFORM ADMINISTRATIVE CODE AS
AMENDED AND AMENDMENTS TO SECTION 8-2.06 ET SEQ.
City Council Minutes -15- 6120100
104
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
2. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - ADOPTION OF
UNIFORM FIRE CODE (540.30)
Written Communications:
Report dated June 20, 2000, from the City Cleric, advising that the Ordinance had been
introduced at the meeting of June 6, 2000, 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
Swerdlin, seconded by Council Member Hart, that the following Ordinance be adopted:
ORDINANCE NO. 849, AMENDMENT TO TITLE 4 OF THE
MUNICIPAL CODE - ADOPTING UNIFORM FIRE CODE, 1998
EDITION -AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO AMENDING CHAPTER 2 "FIRE PREVENTION" OF
TITLE 4 "PUBLIC SAFETY" RELATING TO ADOPTION BY
REFERENCE OF THE CALIFORNIA FIRE CODE, 1998 EDITION
WITH APPENDICES, THE UNIFORM FIRE CODE STANDARDS,
1997 EDITION WITH APPENDICES; AND AMENDMENTS
THERETO.
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES - None
2. COUNCIL COMMENTS - None
City Council Minutes -16-
6120100
105
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:35 p.m.
to the next regular meeting date of Wednesday, July 5, 2000, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
CHERYL J S N, CITY CLERK
ATTEST:
OLL CA,,,6::MP ELL, MAYOR
City Council Minutes -17- 6/20/00