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98-0818_CC_Minutes_Regular Meeting1 AUGUST 18, 1998 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 5:34 P.M. for the following purposes, as authorized by statute: Pursuant to Government Code Section 549957.6, the City Council will confer with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Management and Classified Employees) RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT MEETINGS 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 Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Darrell Ward, Coast Christian Assembly. ROLL CALL: PRESENT: Gil Jones, Mayor John Greiner, Mayor pro tem Collene Campbell, Council Member Wyatt Hart, Council Member David M. Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Cavanaugh, Interim City Attorney; Cheryl Johnson, City Cleric; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King, Community Services Director; and Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Jones announced there was no action to report on the Closed Session items. City Council Minutes -1- 8/18198 277 278 ORAL COMMUNICATIONS - (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AND THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS) PRESENTATION TO MAYOR JONES FROM THE SAN JUAN CAPISTRANO LITTLE LEAGUE (610.40) Greg Bloom, 28075 Via Rueda, San Juan Capistrano, representing the San Juan Capistrano Little League, presented Mayor Jones with a plaque commemorating the Mayor throwing the first pitch at the Western Regional, Sectional and Divisional National All-Star Little League play-offs held at Hausdorfer Field in August. Mr. Bloom expressed his appreciation for the organization's opportunity to host the event. INTRODUCTION, PRESENTATIONS AND DONATIONS I. RECOGNITION OF KINKO'S OF SAN JUAN CAPISTRANO'S MAJOR SPONSORSHIP OF SAN JUAN SUMMER NITES CONCERT #3 610.40 A Certificate of Appreciation was presented to Susan Tryon and Susan Frank, who represented Kinko's of San Juan Capistrano with gratitude for Kinko's financial support and sponsorship of the San Juan Summer Nites Concert #3 on August 19, 1998. 2. INTRODUCTION OF COMMISSIONERS .PRESENT AT MEETING (110.10) Council Member Greiner introduced the following persons in attendance: Ken Friess, Former Mayor; Al Simmons, Seniors Liaison to the City; Bill Hardy, Cultural Heritage Commission; and Janice Palermo, Housing Advisory Committee. 3. ACKNOWLEDGMENT OF DONATIONS (150.10 Mayor Jones acknowledged and expressed gratitude for the two American flags donated by Barbara Wilbourn, as well as for the donations from 33 business to the silent auction held as part of the July 4th celebration. RECOGNITION OF BOY SCOUTS IN ATTENDANCE Mayor Jones recognized the Boy Scouts in attendance from Troop #702. CONSENT CALENDAR It was moved by Council Member Campbell, 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: City Council Minutes -2- 8/18/98 279 AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones 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 JULY 21, 1998 The Minutes of the Regular Meeting of July 21, 1998, were approved as submitted. 3. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR RECOATING _MISSION HILLS RESERVOIR (ROBERT BEIN, WILLIAM FROST AND ASSOCIATES (600 As set forth in the Report dated August 18, 1998, from the Public Works Director, the agreement for recoating the Mission Hills Reservoir with Robert Bein, William Frost and Associates, was approved in the amount of $34,985 for the period ending March 6, 1999. 4. APPROVAL OF STATE HIGHWAY PLANTING MAINTENANCE AGREEMENT ORTEGA HIGHWAY WIDENING 1-5 NORTHBOUND RAMPS TO RANCHO VIEJO ROAD (DEPARTMENT OF TRANSPORTATION)(600.50) As set forth in the Report dated August 18, 1998, from the Director of Engineering and Building, the State Highway Planting Maintenance Agreement with the Department of Transportation allowing for City maintenance of the landscaping installed in conjunction with the widening of Ortega Highway from the I-5 northbound ramps to Rancho Viejo Road was approved. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. 5. APPROVAL OF AGREEMENT FOR ASSIGNMENT OF SEWER CAPACITY IN THE SERRA TREATMENT PLAN TO CAPISTRANO BEACH WATER DISTRICT 600.50 As set forth in the Report dated August 18, 1998, from the Director of Engineering and Building, the Agreement with the Capistrano Beach Water District for the assignment of sewage treatment capacity in the SERRA Treatment Plan was approved. The Agreement approved the sale of the City's liquid/solid treatment capacity considered to be in excess of ultimate build out, to the Capistrano Beach Water District at $2,540,510, with the Agreement effective upon receipt of payment. City Council Minutes -3- 8118198 WE 6. ADOPTION OF RESOLUTION AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLAN TO CREATE THE POSITION OF SENIOR BUILDING AND GRADING INSPECTOR (700.201 As set forth in the Report dated August 18, 1998, from the City Manager, the following Resolution was adopted amending the City's Classification and Compensation Plan, to create the position of Senior Building and Grading Inspector: RESOLUTION NO. 98-8-18- 1,AMENDING RESOLUTION NO. 94-12-6- 5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - SENIOR BUILDING AND GRADING INSPECTOR - 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 TO ADD THE POSITION OF SENIOR BUILDING AND GRADING INSPECTOR 7. APPROVAL OF AGREEMENT PERTAINING_ TO SOUTH ORANGE COUNTY PERMIT CONSOLIDATION ZONE (600.30) As set forth in the Report dated August 18, 1998, from the Planning Director, the draft Agreement providing for the City's participation in the South Orange County Permit Consolidation Zone was approved. The Mayor was authorized to execute the Agreement on behalf of the City and, was authorized to vote on behalf of the City at a meeting of the South Orange County Association of Mayors to choose the South Orange County cities' representative to the Zone's five -member policy board. 8. RECEIVE AND FILE WARRANTS OF JULY 30, 1998 (300.30) The List of Demands for accounts payable dated July 30, 1998, in the total amount of $868,314.56 and payroll checks dated August 6, 1998, in the total amount of $181,387.57, were ordered received and filed. 9. RECEIVE AND FILE INVESTMENTS AS OF JULY 31 1998 350.30 The City Treasurer's Report of Investments as of July 31, 1998, in the total amount of $23,047,832.48, was ordered received and filed. 10. APPROVAL OF RENEWAL OF LEASE AGREEMENT ORANGE COUNTY HEAD START INC. 600.20 As set forth in the Report dated August 18, 1998, from the Director of Administrative Services, the two-year Lease Agreement with Orange County Head Start, Inc. for use of City property at 32502 Paseo Adelanto for a Head Start Pre -School Program, at an annual rent of $1.00 per year, was approved. The Mayor was authorized to execute the agreement on behalf of the City. City Council Minutes -4- 8118198 281 The following item was removed from the Consent Calendar at the request of Mayor Jones: APPROVAL OF LICENSE AGREEMENT FOR THE EXTENSION OF PASEO ADELANTO, DEL OBISPO STREET TO RAMOS STREET (CIP NO. 137) (ITO)(600.30 Written Communications: Report dated August 18, 1998, from the Director of Engineering and Building, forwarding a License Agreement with the Ito Nursery owners for the work associated with the Extension of Paseo Adelanto, Del Obispo Street to R amus Street. Approval of Agreement: It was moved by Council Member Campbell, seconded by Council Member Swerdlin and carried with Mayor Jones abstaining due to a potential conflict of interest, to approve the Agreement with the Ito Nursery owners. The City Clerk was authorized to forward the Agreement to the Orange County Recorder's Office. PUBLIC HEARINGS 1. CONTINUATION OF PROPOSED REZONE 98-1 FLOOD PLAIN LAND USE PERMIT 98-1 AND ARCHITECTURAL CONTROL 98-2 TO ESTABLISH PRIVATE CHRISTIAN SCHOOL LOCATED AT 32532 ALIPAZ STREET (SADDLEBACK VALLEY CHRISTIAN SCHOOL) (460.20/550.101410.60) Proposal: Consideration of proposed Rezone 98-1, Flood Plain Land Use Permit 98-1 and Architectural Control 98-2 to the private Saddleback Valley Christian School at 32532 Alipaz Street. This item was continued from August 4, 1998. Applicant: Saddleback Valley Christian School, c/o Bruce Harbin, 2122 N. Broadway, Suite 101, Santa Ana, California, 92706. Written Communications: (1) Report dated August 18, 1998 from the Planning Director requesting continuation of this public hearing to the meeting of September 1, 1998, to provide staff sufficient time to prepare the agenda item pending the Planning Commission hearing on August 11, 1998 to evaluate traffic mitigation measures. (2) Letter dated August 10, 1998, from Virginia Page, 32371 Alipaz, #52, San Juan Capistrano, opposing the project due to loss of agricultural land and traffic impacts. (3) Letter dated August 12, 1998, from Cheryl Kayseri, a 22 -year San Juan Capistrano resident, in favor of the Saddleback Valley Christian School. Other City residents . mentioned in this faxed letter, in support of this issue were Dana Kaysen, Chuck and Carol Carlsen, Esther Nesland, Darlene Martin and Mary Ann Johnson. City Council Minutes -5- 8/I8/98 282 (4) Letter dated August 12, 1998, from Michael Henjum, 32935 Calle del Tesoro, San Juan Capistrano, supporting zoning change that would allow Saddleback Valley Christian School to operate on Alipaz Street. Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing. There being no response, it was moved by Council Member Campbell, seconded by Council Member Greiner, and unanimously carried to continue the hearing to the meeting of September 1, 1998. 2. SITE PLAN REVIEW 98-0.3_ , APPROVAL OF AMENDMENT TO COMMUNITY CENTER CONCEPT PLAN FOR YOUTH SERVICES FACILITY AT THE COMMUNITY CENTER CAPISTRANO VALLEY BOYS AND GIRLS CLUB 21� 0.30) Proposal: Consideration of an amendment to the adopted Community Center Concept Plan to allow the establishment of an expanded youth services facility to be constructed and operated by the Capistrano Valley Boys & Girls CIub under a Memorandum of Understanding that will set forth the obligations and responsibilities of the Club and the City. Applicant: Capistrano Valley Boys and Girls Club, 31371 El Camino Real, San Juan Capistrano, California 92675 Written Communication: Report dated August 18, 1998 from the Planning Director, providing an analysis of the interior layout, the exterior design elements, the site plan, parking arrangements and impacts upon gymnasium construction plans and building costs. The Report indicated that staff believed that this partnership arrangement will allow the community center complex to be completed in a much shorter time and that establishment of an expanded youth services program will serve the youth of the community. Mr. Tomlinson, Planning Director, made an oral presentation in which he noted that this was the first of two items to be considered regarding the Boys and Girls Club of Capistrano Valley. He noted that on display in the Council Chambers were the floor plans of the Sports Park and Community Center. He stated that the original proposal for the area along the east wall of the gymnasium, which included a multi-purpose room, a youth center and rest rooms, would be expanded for the Boys and Girls Club facility. The active lobby area would be moved closer to the existing parking lot to the west and north of the building. The new proposal would add approximately 5,000 square feet to the overall Community Center. Mr. Tomlinson noted that the item had been presented at a community workshop held to introduce the current design concept of the youth facility; and, had been discussed at the Parks, Recreation and Equestrian Commission, the Design Review Committee and the Planning Commission. City Council Minutes -6- 8118198 1 C A licant's Comments: (1) Ken Friess, 31506 Paseo Christina, San Juan Capistrano, Board Member of the Boys and Girls Club of Capistrano Valley, provided the City Council with a one -minute video presentation which depicted a computer simulation of the proposed Community Center plan. (2) James Hernandez, 1130 Elm Tree Lane, San Marcos, the architect, noted that he concurred with the conditions placed by the Commissions. Public Hear: Notice having been given as required by law, Mayor Jones opened the Public Hearing and there being no further response, the Public Hearing was declared closed. Approval of Amendment to Community Center Concept Plan: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, with an abstention from Council Member Hart due to his position as the President of the Board of Directors of the Boys and Girls Club, that the following Resolution be adopted: RESOLUTION NO. 98-8-18-2 CERTIFYING NEGATIVE DECLARATION AND APPROVING AMENDMENT TO COMMUNITY CENTER CONCEPT PLAN - BOYS & GIRLS CLUB OF CAPISTRANO VALLEY INC. SITE PLAN REVIEW 98-2)- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING ISSUANCE OF A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO THE COMMUNITY CENTER CONCEPT PLAN APPROVALS TO ALLOW AN EXPANDED YOUTH FACILITY TO BE INTEGRATED WITH THE COMMUNITY CENTER LOCATED AT 25925 CAMINO DEL AVION (CAPISTRANO VALLEY BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC./SITE PLAN REVIEW 98-2) The motion carried by the following vote: AYES: Council Members Swerdlin, Campbell, Greiner and Mayor Jones NOES: None ABSTAIN: Hart ABSENT: None RECESS AND RECONVENE Council recessed at 7:33 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:35 p.m. City Council Minutes EFA 8118198 283 284 ADMINISTRATIVE ITEMS COMMUNITY SERVICES DIRECTOR APPROVAL OF PROPOSED MEMORANDUM OF UNDERSTANDING FOR THE DEVELOPMENT OF A YOUTH SERVICES_ FACILITY AT THE SAN JUAN CAPISTRANO COMMUNITY_ CENTER SITE (BOYS AND GIRLS CLUB OF CAPISTRANO VALLEY. INC.)(600,30) Written Communications: Report dated August 18, 1998, from the Community Services Director, advising that after having received City Council direction to proceed with the concept of the Boys & Girls Club proposal to construct an 11,000 -square -foot youth services facility at the Community Center site, the staff had developed a proposed Memorandum of Understanding to address important issues associated with the Club's proposal. Al King, Community Services Director, made an oral presentation, describing the key issues addressed in the MOU, including fund-raising levels needed; Club performance standards; site specifications, purposes and uses associated with the Club's proposed facility; and, the establishment of a City Council review process. Public Comments: (1) Ken Friess, 31506 Paseo Christina, San Juan Capistrano, stated that the Memorandum of Understanding submitted represented one of the better efforts made between a non-profit organization and a political body. He thanked the City Manager and Council for their support, Council Member Swerdlin requested a list of people who had helped with this project in order to give recognition at the ground breaking ceremony. Approval of Proposed Memorandum: It was moved by Council Member Campbell, seconded by Council Member Greiner, with an abstention from Council Member Hart due to his position as the President of the Board of Directors of the Boys and Girls Club, to approved the Proposed Memorandum of Understanding with the Boys & Girls Club for the development of a proposed youth services facility to be located at the San Juan Capistrano Community Center. DIRECTOR OF ENGINEERING & BUILDING REJECTION OF BID AND AUTHORIZATION TO RECEIVE BIDS - DOWNTOWN LIGHTING PROGRAM PHASE I (CIP NO. 1 18)(600.101 Written Communication: Report dated August 18, 1998 from the Director of Engineering and Building advising that only one bid had been received for the Downtown Lighting Program, Phase 1. ,That bid had exceeded the Engineer's estimate of $150,00010y $118,507. The Report recommended the project be re -advertised. City Council Minutes -8- 8/18/98 285 William Huber, Director of Engineering and Building, made an oral presentation and noted that construction would be delayed until after the Holiday season. Reiection of Bid and Authorization to Re -Bid Project: It was moved by Council Member Campbell, seconded by Council Member Hart, and unanimously carried to reject the one bid received from High Light Electric for the Downtown Lighting Program, Phase 1, and to authorize staff to rebid the Downtown Lighting Program, Phase 1, project. ORDINANCES None COUNCILMANIC ITEMS APPROVAL OF RESOLUTION MAKING APPOINTMENTS AND CANCELING GENERAL MUNICIPAL ELECTION - NOVEMBER 3,.1998 (530.20) Written Communication: Report dated August 18, 1998, from the City Cleric, advising that in June of 1998, the City Council called a general municipal election to be held on November 3, 1998. to elect three members of the City Council. The nomination period began on July 13, 1998 and ended on August 7,1998, with only the three incumbents returning nomination papers. On August I0, 1998, a special meeting had been held and the City Clerk had notified the City Council that there were not more candidates for the election than offices to be filled. On August 12, 1998, a Notice of Insufficient Nominees for Office had been published, as required by the Elections Code. The Report recommended adoption of the Resolution appointing Wyatt Hart, Gil Jones and David M. Swerdlin as Members of the City Council and canceling the General Municipal Election scheduled for November 3, 1998. Public Comments: (1) Jim Kaffen, 28352 Avenida La Mancha, spoke against the elimination of the general election. He stated that constituents had the primary right to vote and urged that the election be held to allow for write-in candidates. He stated that he saw a lack of consideration for the City's constituents; felt the Council had been fiscally irresponsible; and, objected to the new fast food restaurants and development behind the Hidden Mountain estates. (2) Melissa Abbott, 28352 Avenida La Mancha, San Juan Capistrano, stated that she was willing to run for office as a write-in candidate. She wanted to go on record that she would start her campaign now and also stated that she would find three write-in candidates. She stated that she was against more development, against rezoning and was willing to do the job for free. Council Comments: Mayor Jones commented that the nomination period had been open for four weeks. It had been publicly noticed and press releases had been sent out. He pointed out that everybody City Council Minutes -9- 8/18198 286 had had an opportunity to file and only the incumbents had done so. He further stated that this was the first time this had happened in the City's history. Council Member Greiner commented that he has a vested interest in the community and served on the Council in order to serve the Community. He advised he spends over 30 hours per week in order to do the job required. He urged residents to get involved and stated that the anyone wishing to run for Council should have filed during the proper filing period and taken advantage of the opportunity to do so. Council Member Hart felt that the people who spoke, were misinformed and that they needed to research issues before speaking about them. He noted his past involvement with the City and the amount of time and effort spent for this City. Council Member Swerdlin felt that this Council was the most open and fair body to its constituents' concerns and he did not understand the animosity. He stated that he had not received any telephone calls nor any requests to meet and that his telephone number was a listed number and he was easy to reach. He stated that residents should not discount the Council and should get involved before condemning. Council Member Campbell stated that she was very proud to serve on this Council and with this staff. Cancellation of Election: It was moved by Council Member Campbell, seconded by Council Member Greiner that the following resolution be adopted: RESOLUTION NO. 98-8-18-3, APPOINTMENT_ TO OFFICE OF MEMBER OF THE CITY COUNCIL AND CANCELING ELECTION - NOVEMBER 3,_ 1998, GENERAL MUNICIPAL ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF MEMBER OF THE CITY COUNCIL THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 3, 1998 AND CANCELING ELECTION The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None The City Clerk administered the Oath of Office and presented the incumbents with Certificates of Appointment in Lieu of the Election. City Council Minutes -10- 8/18/98 �1 1 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority Q 040.60 Mayor Jones noted that the Finance Committee meeting had been held on this date. b. Oran eg County Waste Management Commission (810.10) Council Member Greiner noted that at the August 5, 1998 meeting of the Household Hazardous Waste Committee, a recommendation had been made to the Integrated Waste Management Committee to retain the Household Hazardous site at the Prima Deshecha landfill and relocate it on-site to a permanent location. Orange County Vector Control District (560.50) Council Member Swerdlin noted the Vector of the Month was the stinging pest. COUNCIL COMMENTS None ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:07 p.m. to the next regular meeting date of Tuesday, September 1, 1998, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, City Council Minutes te- JA L ?RYL JO S , CITY CLERK 8/18/98 287