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00-0801_CC_Minutes_Regular Meeting135 August 1, 2000 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) Council canceled the Closed Session which was originally scheduled at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.8, the City Council will conferwith its Real Property Negotiator (City Manager) regarding the potential lease by the City of the former ARCO service station site at the southwest corner of Lot 12 of Tract 103, Assessor Parcel No. 124-170-14, from the property owner, Ted Stroscher Enterprise Partnership. the negotiating party is Ted Stroscher. 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 Council Member David M. Swerdlin. 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, 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; Karen Vavan, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL Mayor Campbell announced that the scheduled Closed Session had been canceled. City Council Minutes -1- 811100 136 INTRODUCTION, PRESENTATIONS AND DONATIONS 1. RECOGNITION OF LONG TERM EMPLOYEES Written Communications: Report dated August 1, 2000, from the Personnel Manager, advising that Jeffrey Romero, Water Technician II, and Vincent Ponticello, Senior Recreation Leader, had reached 10 years of service. Mr. Romero was present to receive a Certificate recognizing his years of service to the City. Man and Woman of the Year/New Chamber of Commerce President: Mayor Campbell noted that Don and Mary Tryon had been recognized as Man and Woman of the Year for 1999 at the Chamber of Commerce event on July 30, 2000. She also introduced Reverend Gary Tucker, the new President of the Chamber of Commerce. ADDITION TO AGENDA/RESOLUTIONS OF COMMENDATION (610.40): It was moved by Council Membedr Hart, seconded by Council Member Swerdlin and unanimously carried to find that this item was unavailable prior to publication of the agenda and action was necessary at this time. Mayor Campbell recognized the following individuals fortheir participation in community service and presented Resolutions of Commendation to: Kristin Marie Brouwer, Erin Sara Noteboom, Heidi Vonn Bolkema & Angela Marie Ritskes. These four college students were assisting Rancho Capistrano through the Advanced Students Working in Ministry Program and had assisted the community with the All Orange County Business -to -Business expo and mixer, the San Juan Summer Nites Concert series, Merchant Night at the Capistrano Pageant, the Capistrano 2000-2001 Planning Conference; and, the Chamber of Commerce's Annual Installation Awards Dinner. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Hart introduced the following persons in attendance: Ed Johnson and Bill Pichler, Planning Commission; Marie Buckner and Joann de Guevara, Housing Advisory Committee; Don Tryon, Cultural Heritage Commission; Les Blair, Sr. Liaison. ORAL COMMUNICATIONS (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY) PROPOSED VILLAGE SAN JUAN VEHICLE STORAGEIPARKING LOT (570.70) Ann Cyran, 29306 Applewood Court, and Pamela Toomey, 29331 Applewood Court, voiced their opposition to a potential vehicle storagelparking lot behind their homes on Trabuco Creek Road. Ms. Toomey presented a petition to the City Council containing approximately 31 names opposing the proposal by the Village San Juan Homeowner's City Council Minutes -2- 811100 137 Association to lease property from the City for the purpose of parking commercial vehicles and accommodating overflow parking. Jennifer Murray, Assistant City Manager, stated that a letter had been received from Village San Juan Homeowner's Association and their request was currently being evaluated. 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 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 JULY 5, 2000 The Minutes of the Regular Meeting of July 5, 2000 were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF JULY 20, 2000 (300.30) The List of Demands dated July 20, 2000, in the total amount of $891,964.31, was ordered received and filed. 4. RECEIVE AND FILE REPORT OF INVESTMENTS — MONTH ENDING J U N E 30 2000 350.30 The City Treasurer's Report of Report of Investments for the month ending June 30, 2000, was ordered received and filed. 5. ADOPTION OF RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT -- DOWNTOWN LIGHTING PHASE II (CIP NO. 118) (600.30 As set forth in the report dated August 1, 2000, from the Director of Engineering and Building, the following Resolution was adopted declaring work complete by Building Energy Consultants for the of Downtown Lighting Phase II project: City Council Minutes -3- 811100 138 RESOLUTION NO. 00-8-1-1 COMPLETION OF DOWNTOWN LIGHTING PHASE II (BUILDING ENERGY CONSULTANTS) — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATION FOR THE CONSTRUCTION OF DOWNTOWN LIGHTING PHASE II (BUILDING ENERGY CONSULTANTS) The Resolution accepted the work as complete in the amount of $149,912 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release to 10% retention in the amount of $14,991.20 thirty-five days after recording the Notice of Completion. 6. APPROVAL OF AGREEMENT — ACCESS TO SAFETY GRANT SERVICE AGREEMENT(600-50) As set forth in the report dated August 1, 2000, from the Chief of Police Services, the Access to Safety Grant Agreement with the Orange County Superintendent of Schools, was approved in the amount of $15,340, for the term ending April 30, 2000, to provide grant funding for Police Services to create course curriculum and teach a Criminal Justice class at Horizons School in San Juan Capistrano. 7. ADOPTION OF ANNUAL REVIEW OF INVESTMENT POLICY(359.301 As set forth in the Report dated August 1, 2000, from the Administrative Services Director, the Investment Policy for Fiscal Year 2000-2001 was adopted. 8. ADOPTION OF RESOLUTION SETTING THE OPEN SPACE GENERAL OBLIGATION REFUNDING BOND PROPERTY TAX RATE FOR FISCAL YEAR 2000/2001 390.$0} As set forth in the report dated August 1, 2000, from the Director of Administrative Services, the following Resolution was adopted setting the tax rate at $0.0465 per $100 of assessed valuation for inclusion on 2000-01 tax roll. RESOLUTION NO. 00-8-1-2 SETTING AD VALOREM TAX RATE FISCAL YEAR 2000-2001 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL YEAR 2000-2001 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO City Council Minutes -4- 811100 139 9. APPROVAL OF AMENDMENTS TO APPENDIX A OF THE CITY'S CONFLICT OF INTEREST CODE -_ DEVELOPMENT SERVICES MANAGER (640.40) As set forth in the Report dated August 1, 2000, from the City Clerk, approval was given to amend Appendix A of the local Conflict of Interest Code to eliminate the Building Official position and include the newly -created Development Services Manager position. 10. ADOPTION OF RESOLUTION DECLARING CERTAIN FLEET INVENTORY AS SURPLUS PROPERTY 380.50 As set forth in the report dated August 1, 2000, from the City Manager, the following Resolution was adopted declaring four fleet vehicles as surplus property. RESOLUTION NO. 00-8-1-3, DECLARATION OF SURPLUS PROPERTY - FLEET INVENTORY — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING CERTAIN FLEET INVENTORY AS SURPLUS 11. ADOPTION OF RESOLUTION ESTABLISHING 2000/2001 APPROPRIATION LIMITATION 330.20 As set forth in the report dated August 1, 2000, from the Administrative Services -- Director, the following Resolution was adopted establishing 2000-2001 appropriation limitation of $36,050,335. RESOLUTION NO. 00-8-1-4, ESTABLISHING APPROPRIATION LIMITS — 2000/2001 FISCAL YEAR. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE XII1B APPROPRIATION LIMITATION (GANN LIMIT) FOR THE 2000-2001 FISCAL YEAR PUBLIC HEARINGS — None. RECESS AND RECONVENE Council recessed at 721 p.m. to convene the San Juan Capistrano Community Redevelopment Agency (and the Capistrano Valley Water District), and reconvened at 7:50 p.m. ADMINISTRATIVE ITEMS CITY MANAGE APPROVAL OF MEMORANDUM OF UNDERSTANDING (SAN JUAN CAPISTRANO MANAGEMENT EMPLOYEES ASSOCIATION) (730.30 Written Communications: Report dated August 1, 2000, from the City Manager, requesting approval of a two-year Memorandum of Understanding with the Management Employees Association, and by City Council Minutes -5- 811100 140 Resolution, authorizing changes to the City's Personnel Classification and Compensation Plan to reflect the approved provisions of the Memorandum of Understanding. The Assistant City Manager made an oral presentation. Approval of Memorandum of Understanding and Resolution: It was moved by Council Member Hart, seconded by Council Member Swerdlin and unanimously carried that the following Resolution be adopted: RESOLUTION NO. 00-8-1-5 AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN — FISCAL YEAR 2000-02 MANAGEMENT MEMORANDUM OF UNDERSTANDING — 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 (JULY 1, 2000 TO JUNE 30, 2002 MEMORANDUM OF UNDERSTANDING — SAN JUAN CAPISTRANO MANAGEMENT EMPLOYEES ASSOCIATION) The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell f►Le1� � . - ABSENT: None 2. APPROVAL OF MEMORANDUM OF UNDERSTANDING SAN JUAN CAPISTRANO CITY EMPLOYEES ASSOCIATION) (CLASSIFIED) (730.30) Written Communications: Report dated August 1, 2000, from the City Manager, requesting approval of a two-year Memorandum of Understanding with the Classified employees association, and by Resolution, authorizing changes to the City's Classification and Compensation Plan and the Personnel Rules and Regulations to reflect the provisions of the Memorandum of Understanding. The Assistant City Manager made an oral presentation. Approval of Memorandum of Understanding and Resolution: It was moved by Council Member Swerdlin, seconded by Council Member Hart and unanimously carried that the following Resolution be adopted: City Council Minutes -6- 811100 141 RESOLUTION NO. 00-8-1-6 AMENDING RESOLUTION NO. 94-12-6-5. THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN — FISCAL YEAR 2000-2002 CLASSIFIED MEMORANDUM OF UNDERSTANDING — 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 AND RESOLUTION NO. 97-8-19-3, THE CITY'S PERSONNEL RULES AND REGULATIONS (JULY 1, 2000 TO JUNE 30, 2002 MEMORANDUM OF UNDERSTANDING— SAN JUAN CAPISTRANO CITY EMPLOYEES ASSOCIATION) The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell ABSENT: None 3. CONSIDERATION OF LICENSE AGREEMENTS TO ESTABLISH PUBLIC PARKING ON THE FORMER ARCO PROPERTY (STROSCHER ENTERPRISE PARTNERSHIP, APN 124-170-14)(600.30) Written Communications: Report dated August 1, 2000, from the Principal Management Analyst, recommending that the City Council approve the three-year License Agreement with Stroscher Enterprise Partnership for the creation of general public parking on the former ARCO service station property and appropriate $87,000 to cover the cost of this License Agreement for Fiscal Year 2000-2001. Approval of License Agreement__ It was moved by Council Member Swerdlin, seconded by Council Member Hart and unanimously carried to authorize the Mayor to execute the License Agreement with Stroscher Enterprise for a temporary general public parking lot on the former ARCO Service Station Property and to appropriate $87,000 to cover the costs of the Agreement for fiscal year 2000-01. PUBLIC WORKS DIRECTOR CONSIDERATION OF APPROVAL OF FUNDING — MARCO FORSTER SCHOOL PARKING TURNOUT (590.10) Written Communications: Report dated August 1, 2000, from the Director of Public Works, advising that a parking Committee had been established to evaluate needs and better control parking at the City Council Minutes -7- 811100 142 new Community Center/Gymnasium complex, which has been negatively impacted by parents using the parking lot to drop off and pick up children at the Marco Forster School. The Committee had determined at a 400 -foot -long parking turnout in front of the school on Via Positiva would eliminate much of the burden associated with the Marco Forster and new Kinoshita School "rush" hours. Preliminary costs were estimated at $120,000, which the City and the School District would split evenly. The Report recommended an appropriation of General Fund Reserve funds in the amount of $60,000 to construct the Marco Forster Turnout Project. The Director of Public Works made an oral presentation, noting that $104,000 had been included in the Fiscal Year CIP 2000-2001 budget for this project and the only action necessary was to receive and file the Report. Approval of Funding: It was moved by Council Member Greiner, seconded by Council Member Hart and unanimously carried to order the Report received and filed. 2. CONSIDERATION OF APPROVAL OF EXTENSION OF CONTRACT — CONCRETE REPAIRS (GREEK'S CONCRETE)(600.30) Written Communications: Report dated August 1, 2000, from the Director of Public Works, recommending approval of an extension to the Concrete Repairs Contract to Greek's Concrete for a period commencing August 1, 2000 and ending June 30, 2002. The Director of Public Works made an oral presentation, noting that staff recommended the extension because Greek's Concrete had been the low bidder for the service last year and had done excellent work for the City for a number of years. Approval of Extension to Contract: It was moved by Council Member Hart, seconded by Council Member Swerdlin and unanimously carried to approve the Extension of Contract with Greek's Concrete, for minor concrete repairs throughout the City, for a two-year period ending June 30, 2002, in an amount not to exceed $75,000 per year. ORDINANCES - None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES - None 2. COUNCIL COMMENTS - None City Council Minutes -8- 8/1100 143 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:05 p.m. to the next regular meeting date of Tuesday, August 15, 2000, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, �A.o �V✓✓i • J�` • i� 'CITY CLERK ATTEST: LLENEr-CAMPBELL, MAYOR City Council Minutes -9- 811100