00-0718_CC_Minutes_Regular Meeting123
July 18, 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 7:00 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Mayor Campbell.
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; Omar Sandoval, Deputy City Attorney; Cheryl Johnson, City Clerk; Cynthia L.
Russell, Administrative Services Director; William M. Huber, Engineering and Building Director;
Amy Amirani, Public Works Director; Al King, Community Services Director; Lt. Rick Stahr,
Orange County Sheriffs Department; Karen Vavan, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS —
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Campbell announced that there were no actions to report from the Closed Sessions.
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INTRODUCTION, PRESENTATIONS AND DONATIONS
PRESENTATION BY PACIFIC BELL TO BOYS & GIRLS CLUB OF
CAPISTRANO VALLEY AND FRAN JOSWICK THERAPEUTIC RIDING
CENTER 610.40
Written Communications:
Report dated July 18, 2000, from the Community Liaison, noting Pacific Bell's support of
local community organizations.
Tom Fulton, Director of External Affairs for Pacific Bell presented awards in the amount
of $5,000 to Mark Aldrich, President of the Fran Joswick Therapeutic Riding Center, and
Colonel James Williams, Executive Director of the Boys & Girls Club of Capistrano
Valley.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart introduced the following persons in attendance: Sheldon Cohen, Ed
Johnson and Michael Eggers, Planning Commission; David Hanson, Transportation
Commission; Marie Buckner, Joann de Guevara, Housing Advisory Committee; June
Simmons; Les Blair, Sr. Liaison; David Belardes, Cultural Heritage Commission.
ORAL COMMUNICATIONS — None
CONSENT CALENDAR
It was moved by Council Member Greiner, 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 FOR REGULAR MEETING OF
JUNE 20, 2000 AND SPECIAL MEETING OF JULY 3, 2000
The Minutes of the Regular Meeting of June 20, 2000, and the Minutes of the Special
Meeting of July 3, 2000, were approved as submitted.
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3. RECEIVE AND FILE WARRANTS OF JUNE 29 2000 300.30
The List of Demands dated June 29, 2000, in the total amount of $1,400,291.36, was
ordered received and filed. Council Member Bathgate abstained.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR OF MAY 31, 2000
33( 0.50)
The City Treasurer's Report of Cash Fund Balances for May 31, 2000, was ordered
received and filed.
5. RECEIVE AND FILE STATUS REPORT ON NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated July 18, 2000, from the Planning Director, advising receipt of three
new development applications since the last Report on June 20, 2000, was ordered
received and filed.
6. ADOPTION OF RESOLUTION, NOTICE OF COMPLETION AND FINAL
REPORT — INSTALLATION OF SPEED BUMPS (600.30)
As set forth in the report dated July 18, 2000, from the Engineering and Building
-- Director, the following Resolution was adopted declaring work to be complete for the
Installation of Speed Bumps:
RESOLUTION NO. 00-7-18-1. COMPLETION OF INSTALLATION OF
SPEED BUMPS (EXCEL PAVING COMPANY) — A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR THE INSTALLATION OF SPEED BUMPS
ON (1) CALLE ENTRADERO; (2) PASEO SAN GABRIEL; (3) CALLE
SAN REMO; AND (4) VIA DE AGUA BETWEEN CALLS DE BONANZA
AND CAMINO LAS RAMBLAS (EXCEL PAVING COMPANY)
The Resolution accepted the work as complete in the amount of $21,257.00 and
directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff
was authorized to release to 10% retention of $2,125.70 thirty-five days after recording
of the Notice of Completion.
7. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR
THE CONSTRUCTION OF LA NOVIA AVENUE NORTHBOUND AND
SOUTHBOUND RIGHT TURN LANES AT SAN JUAN CREEK ROAD (600.30)
As set forth in the Report dated July 18, 2000, from the Engineering & Building Director,
-- the plans, specifications and call for bids was approved for construction of northbound
and southbound right turn lanes on La Novia Avenue at San Juan Creek Road.
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8. APPROVAL OF AGREEMENT — BALL FIELD MAINTENANCE SERVICES
(MAJOR LEAGUE SOFTBALL, INC.)(600.30)
As set forth in the Report dated July 18, 2000, from the Public Works Director, the
Personal Services Agreement to provide ball field maintenance, was awarded to Major
League Softball, Inc., for the three-year period ending July 23, 2003, in the total amount
of $80,136.00. A budget amendment in the amount of $2,712 was approved to cover
the shortfall in Fiscal Year 2000-01.
9. APPROVAL OF AGREEMENT WITH ORANGE COUNTY FIRE AUTHORITY
FOR PROVISION OF FIRE SERVICES AND EMERGENCY MEDICAL
SERVICES IN SAN JUAN CAPISTRANO (600.50)
As set forth in the Report dated July 18, 2000, from the City Manager, the Fire Services
and Emergency Medical Services Agreement was approved, reflecting revised
provisions of the Joint Powers Agreement and the addition of the cities of Laguna
Woods and Rancho Santa Margarita.
PUBLIC HEARINGS
CONSIDERATION OF APPROVAL OF PUBLIC HEARING AND
AUTHORIZATION TO ASSESS CHARGES CITY LANDSCAPE
MAINTENANCE DISTRICTS (TRACTS 9284, 9382, 8485, 7673, 937317654,
AND CAPISTRANO ROYALE) (345.20)
Proposal:
Consideration of the proposed assessments for the City's Landscape Maintenance
Districts and Capistrano Royale.
Written Communications:
Report dated July 18, 2000, from the Director of Public Works, recommending that the
proposed budgets be approved.
The Director of Public Works made an oral presentation detailing the assessments and
advising that the charges remained unchanged from last year.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and there being no response, closed the hearing with the right to re -open at
any time.
Approval of Cost Report:
It was moved by Council Member Hart, seconded by Council Member Bathgate that the
following Resolution be adopted:
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RESOLUTION NO. 00-7-18-2 CONFIRMING COST REPORT -- 2000
LANDSCAPE MAINTENANCE DISTRICTS TRACTS 9284 9382 8485
7673, 9373/7654, AND CAPISTRANO ROYALE) –A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR 2000
LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY OF
SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673,
937317654, AND CAPISTRANO ROYALE)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
2. CONSIDERATION OF 2000 WEED ABATEMENT CHARGES (540.70)
Proposal:
Consideration of the proposed charges to be assessed for the 2000 Weed Abatement
— Program.
Written Communications:
(1) Report dated July 18, 2000, from the Director of Public Works, recommending
approval of the proposed assessments.
(2) Memorandum dated July 18, 2000, from the Public Works Director, forwarding a
revised assessment for Parcel No. 650-331-11
The Director of Public Works made an oral presentation, noting that no objections had
been received at the required public meeting held on May 12, 2000 for the purpose of
receiving objections from affected property owners.
_Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and there being no response, closed the hearing with the right to re -open at
any time.
Approval of Cost Report:
It was moved by Council Member Greiner, seconded by Council Member Hart, that the
following Resolution be adopted:
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RESOLUTION NO. 00-7-18-3, CONFIRMING COST REPORT — 2000
WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR THE 2000 WEED ABATEMENT PROGRAM
IN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
3. CONSIDERATION OF PARTICIPATION IN ORANGE COUNTY SHERIFF'S
DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM 580.20
Proposal:
Consideration of participation in the Orange County Sheriffs Department Traffic Violator
Apprehension Program.
Written Communications:
Report dated July 18, 2000, from the Chief of Police Services, advising that the Orange
County Sheriffs Department had been awarded a Traffic Safety Grant from the State of
California for the implementation of the Program. The goals of the Program were to
reduce the number of collisions involving suspended or unlicensed drivers, to reduce the
number of hit and run collisions, to establish a public education program to deter
violators, and to establish a cost recovery system to pay for continued enforcement.
The Chief of Police Services made an oral presentation, detailing the Program goals
and funding provisions. He advised that Orange County Sheriffs Department Sgt, Ted
Boyne, author of the grant, was available for questions.
Sgt. Boyne indicated that the Traffic Violator Apprehension Program had received a 3 -
year grant. He discussed the initial funding that would be available to the participating
communities, how the program would become self-perpetuating; and, the tools that
would be used to reach the Program goals. He indicated that companies who would be
called to impound cars were required to be within five miles of the area. He noted the
goal for the Program to reduce the traffic collision rate by 5% per year in San Juan
Capistrano.
Public Hearing'.
Notice having been given as required by law, Mayor Campbell opened the public
hearing and the following person responded:
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(1) Leslie Whitlinger, 609 Via Umbroso, San Clemente, Project Manager for
Community Service Programs Project PATH, indicated that Project PATH was
an alcohol and other drug community prevention project which worked with the
Sheriff's Department on the DUI checkpoints distributing literature to enhance
public awareness regarding alcohol and drug reduction programs. Ms.
Whitlinger encouraged Council to approve participation in the program.
Approval of Participation in Program:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO. 00-7-18-4, ORANGE COUNTY „SHERIFFS
DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE
ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR
APPREHENSION PROGRAM
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:25 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 7:30 p.m.
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
SELECTION OF PARSONS TRANSPORTATION FOR THE 1-5 ORTEGA
HIGHWAY INTERCHANGE PROJECT STUDY REPORT (CIP NO. 141)
60f 0.30)
Written Communications:
Report dated July 18, 2000, from the Director of Engineering and Building,
recommending that the City Council concurwith the selection of Parsons Transportation
to prepare the engineering services for a Project Study Report for the Interchange of
Ortega Highway at 1-5. The Report advised that the Project Study Report is a detailed
study which analyzes various design project alternatives, environmental impacts,
geology, right-of-way and project costs to determine a selected alternative for potential
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future funding; further, that it was a necessary first step in seeking Caltrans funding for
the Interchange improvements.
The Engineering and Building Director made an oral presentation, stating that following
reference checks of the six firms who submitted proposals, Parsons Transportation had
been recommended based on the experience of the project team and project manager;
the ability of the project manager to lead and move the project through the process; the
firm's understanding of the project scope, the proposed public outreach program; and,
the proposed project schedule. He indicated that Measure M grant funds in the amount
of $270,000 had been secured to fund this project.
Council Discussion:
Council Member Swerdiin asked for information regarding the date of completion of the
widening project on Ortega Highway and also asked how the widening would be
combined with the interchange project. Mr. Huber stated that estimated start of
construction of the widening project was 2006. He indicated that the City had made it
clear to Caltrans that the Ortega Highway widening project should not be constructed
prior to completion of the interchange improvements. He further indicated that Caltrans
would work with the City regarding project scheduling; that their project schedules were
very preliminary.
Approval of Personal Services Agreement:
It was moved by Council Member Hart, seconded by Council Member Greiner and
unanimously carried to concur with the selection of Parsons Transportation to prepare
the engineering services for a Project Study Report for the Ortega Highwayl1-5
Interchange Project and to authorize the Mayor to execute a Personal Services
Agreement with Parsons Transportation in the amount of $224,924 for the period ending
March 6, 2001.
ADMINISTRATIVE SERVICES DIRECTOR
CONSIDERATION OF ALTERNATIVES FOR DISPOSITION OF LEASED CITY -
OWNED STABLE PROPERTY LOCATED AT 28432 CALLS ARROYO
(COMMONLY KNOWN AS MISSION TRAILS STABLES) (600.20
(CONTINUED FROM JUNE 20, 2000)
Written Communications:
Report dated July 18, 2000, from the Administrative Services Director, recommending
that a new lease be negotiated with the existing lessor, Mission Trails Stable. This item
was continued from June 20 to allow staff time to determine the existing lessor's level of
interest in continuing with the current use.
The Administrative Services Director made an oral presentation, advising that should
staff be directed to negotiate the terms of another 5 -year lease, it was anticipated that
the lease would be returned to the City Council for consideration on September 5, 2000.
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Direction to Negotiate Lease:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to direct staff to negotiate a new five-year Lease with the existing
Lessor, Mission Trails Stable/Betty Valenzuela.
COMMUNITY SERVICES DIRECTOR
CONSIDERATION OF LICENSE AGREEMENT FOR PROPOSED REUSE OF
PORTIONS OF THE OLD FIRE STATION FACILITIES JUANENO BAND OF
MISSION INDIANS, ACJACHEMEN NATION) (600.30)
Written Communications:
(1) Report dated July 18, 2000, from the Community Services Director,
recommending approval of a License Agreement with the Juaneno Band of
Mission Indians, Acjachemen Nation, for reuse of portions of the Old Fire Station
facilities for administrative purposes and tribal activities.
(2) Letter dated July 3, 2000, from Cherisse Lanier, Attorney at Law, 650 Town
Center Drive, Suite 550, Costa Mesa, representing the Juaneno Band of Mission
Indians under the leadership of Chief David Belardes. The letter indicated that
there are three factions of the Juaneno Band of Mission Indians, under three
separate leaderships, all seeking Federal Recognition, and expressed concern
that approving the Agreement with one faction would aid and abet the current
hostility among the Juanenos and seriously impair any chance of harmony.
(3) Letter dated July 17, 2000, from Joyce Perry, Tribal Manager, Juaneno Band of
Mission Indians, Petitioner 84a, 31742 Via Belardes, San Juan Capistrano,
requesting that the item be tabled until the issue of who has the legal authority to
act on behalf of the Juaneno Band is resolved.
Mr. Al King, Jr., Community Services Director made an oral presentation, advising that
the proposed reuse was focused specifically on the Lacouague building arts and crafts
room and office space area. The proposed uses had been deemed consistent with
previous Council and resident concerns regarding compatibility issues with the
surrounding neighborhood. He indicated that the proposed use would not negatively
impact the facility use commitments previously made to Veterans' organizations and
would accommodate office space for the San Juan Community Task Force. He advised
that Staff and tribal representatives had recommended a modification to the proposed
License Agreement to reflect the Licensee's status as a 501C3 not-for-profit
organization and their commitment to maintain that status as a condition of the License
Agreement. The proposed modification further emphasized that it was the not-for-profit
status that was a substantial inducement for the City to grant the License. He indicated
that the City Attorney had felt the issue needed to be stated specifically in the License
Agreement.
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Public Input
(1) Cherisse Lanier, 640 Town Center Dr., Ste. 550, Costa Mesa, representing the
Juaneno Band of Mission Indians under the leadership of Chief David Belardes,
advised that there were legal concerns regarding who had the legal right to
contract on behalf of the Tribe. Ms. Lanier indicated concerns that the group the
City has chosen to contract with had been under legal scrutiny; that certain of
their efforts had been rejected because it was hard to prove who had the
capacity to contract. The "non-profit" had been set up by all of the three groups
and was supposed to represent the entire group of Juaneno Indians. Each of
the three groups has used the same non-profit status, with the same number, for
each of their activities. She indicated that the Federal Bureau of Indian Affairs
had been unable to determine who the Juanenos are. Given the current
situation, she questioned whether it was prudent for the City Council to contract
with the Juaneno Band of Mission Indians. She urged the City Council to help
reunite the Juanenos and felt that approval of this Agreement would not
accomplish reunification. She requested that the City Council table the matter
until certain issues could be worked out between all the Juanenos in the hopes
of reunification.
(2) Jean Frietze, 706 South Susan, Santa Ana, stated she was the CEO and elected
Tribal Chairwoman of Juaneno Band of Mission Indians. She stated that their
non-profit organization status was current with all Federal and State applications
and had not been scrutinized or under any legal discrepancies by the State or
the Federal government, according to their filing of documentation. She thanked
the City for their support in allowing opportunities for all non-profit organizations
and for the ability to submit proposals for the reuse of any facility which may be
vacant.
(3) Greg Watkins, 26881 Canyon Crest, San Juan Capistrano spoke in support of
David Belardes. He stated that the groups were looking for the City's continued
leadership and guidance and urged the Council to consider amending the
contract in a way that would benefit all the different factions in the hope of
bringing them all together.
(4) Damien Shilo, 32551 Alipaz St., San Juan Capistrano, stated he was the elected
Vice Chairman of the Juaneno Tribe under the leadership of Jean Fritze. He
stated that the Tribe was under a governance and it was not necessary to have
outside assistance with their internal conflicts; that the issue should be handled
by the tribe without involving the City Council; and, that unification of the Tribe
was happening under the leadership of Jean Fritze.
(5) Christopher Lobo, 910 Morse St., Oceanside, stated he was the Secretary/
Treasurer of the Tribe. He discussed the goals and objectives of the Tribe to
support and enhance the community and local organizations. He stated that
their non-profit status had been active for many years and in compliance with
and filed with the Secretary of State and Attorney General's offices. He stated
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that they had complied with the all requirements pertaining to the process with
regard to reuse of the old fire station and the real issue was the reuse of the Old
Fire Station. There was no favoritism because his organization and the YMCA
were the only requestors for use of the facility.
Council Discussion
Council expressed their sadness and concern about the tribal split and the hope for
reunification of the Band. Council Member Greiner felt that decisions made by the
Council regarding reuse of the facility should not in any way impact tribal recognition;
that this organization was the only applicant for use of this location. Council Member
Hart stated that the Juanenos should deal with their internal problems themselves and
noted that his decision would be based strictly on providing use of the facility to a 501 C3
organization.
Approval of License Agreement:
It was moved by Council Member Hart, seconded by Council Member Greiner and
unanimously carried to approve the three-year License Agreement with the Juaneno
Band of Mission Indians to provide this local -serving, non-profit with use of a surplus
City facility for limited office use under acceptable lease terms. However, this decision
should not be misinterpreted. First, the motion is not made based on a determination
that this non-profit represents the Juaneno Band. The City Council cannot presume to
make that determination. The decision is based solely on providing use of the facility to
a qualified, local -serving non-profit organization. Second, this decision will not reduce
any City Council Member's adamant opposition to any effort that would lead to
establishing a casino in or near San Juan Capistrano.
ORDINANCES - None
COUNCILMANIC ITEMS
APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (LEAGUE_ OF
CALIFORNIA CITIES ANNUAL CONFERENCE (140.20)
Written Communications:
Report dated July 18, 2000, from the City Clerk, advising that the Annual Business
Meeting of the 2000 Annual League of California Cities Conference would be held on
September 9; and, that the League had requested selection of a Voting Delegate and
Alternate to represent the City at the Annual Business meeting.
Selection of Representative and Alternate:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried that Council Member Greiner be selected as Voting Delegate and
Council Member Swerdlin be selected as Alternate to represent the City at the Annual
Business Meeting of the 2000 League of California Cities Annual Conference.
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2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Vector Control District (560.50)
Council Member Swerdlin advised that he would be attending a Vector Control
meeting on Thursday, July 20, 2000 and will present a report on August 1, 2000.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:20 p.m. to
the next regular meeting date of Tuesday, August 1, 2000, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
Wx, lw't
•.•ISA
ATTEST:
CONE GAMPBELL,'NIAYOR
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