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