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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. City Council Minutes -1- 6120100 090 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. City Council Minutes -2- 6120100 091 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. City Council Minutes -3- 6120100 092 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 City Council Minutes -4- 6120100 093 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. City Council Minutes -5- 6/20/00 094 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, City Council Minutes -6- 6120100 095 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 City Council Minutes -7- 6120100 096 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. City Council Minutes -8- 6120100 097 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 City Council Minutes -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 City Council Minutes -11- 6120100 100 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. City Council Minutes -12- 6120100 101 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. City Council Minutes -13- 6120100 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. City Council Minutes -14- 6120100 103 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