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98-0915_CC_Minutes_Regular Meeting313 SEPTEMBER 15,1998 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION 610.8 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)(2), the City Council will confer with its Legal Counsel regarding one matter. 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 Council Member David Swerdlin. Mayor Jones announced that this meeting was dedicated to the memory of Tom and Julie Sperber who were killed in the Swissair Flight 111 airplane crash in Nova Scotia on September 2, 1998. 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; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Al King, Community Services Director; Lt. Paul Sullivan, Orange County Sheriffs Department; 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- 9/15/98 314 INTRODUCTIONS AND PRESENTATIONS RECOGNITION OF MAJOR SPONSORS OF THE 1998 4TH OF JULY CELEBRATION KINKO'S/MEDIX AMBULANCE SERVICE 610.40 Written Communications: Report dated September 15, 1998, from the Community Services Director, advising the Kinko's of San Juan Capistrano and Medix Ambulance Service had been major sponsors of the City's 4`h of July celebration. Mayor Jones presented plaques to Susan Tryon, Manager, and Susan Frank, Assistant Manager, of Kinko's and to Frank Bryant of Medix Ambulance Service in appreciation for their sponsorship of the 4th of July Celebration. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Greiner introduced the following persons in attendance: Al Simmons, Senior Liaison; Tom Facon, Executive Director of the Chamber of Commerce; Don Tryon, Cultural Heritage Commission; Janice Palermo, Joanne de Guevara, and Marie Buckner, Housing Advisory Committee. Mayor Jones welcomed Tibor Lucky from Boy Scout Troop 724. ORAL COMMUNICATIONS CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY AND THE CAPISTRANO VALLEY WATER DISTRICT) None CONSENT CALENDAR It was moved by Council Member Swerdlin, seconded by Council Member Greiner, 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 Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. City Council Minutes -2- 9115198 315 2. APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 18 1998 The Minutes of the Regular Meeting of August 18, 1998, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF AUGUST 27, 1998 (300.30) The List of Demands dated August 27,1998, in the total amount of $956,160.23 was ordered received and filed. 4. RECEIVE AND FILE INVESTMENTS AS OF AUGUST 31,_1998 (350.30) The City Treasurer's Report of Investments as of August 31, 1998, in the total amount of $21,558,249.54, was ordered received and filed. 5. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FORBIDS FOR CONSTRUCTION OF THE GYMNASIUM (600.30) As set forth in the Report dated September 15, 1998, from the Director of Engineering and Building, the plans and specifications and call for bids for the construction of the Gymnasium, phase two of the Community Center, which included the Gymnasium building, hardscape, fountain and landscape, were approved. 6. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR COMMUNITY CENTER FURNISHINGS (370.30) As set forth in the Report dated September 15, 1998, from the Director of Engineering and Building, the specifications and call for bids for the furnishings and equipment for the Community Center were approved. The City Manager was authorized to accept the successful bid and execute the purchase contract. 7. ADOPTION OF RESOLUTION REQUESTING FUNDS FOR DESIGN AND/OR CONSTRUCTION OF FOUR PROJECTS ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAM 820.25 As set forth in the Report dated September 15, 1998, from the Director of Engineering and Building, the following Resolution was adopted requesting allocation of funds from the Orange County Transportation Authority: RESOLUTION NO. 98-9-15-1 APPROVING SUBMITTAL OF PROJECTS - COMBINED TRANSPORTATION FUNDING PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SUBMITTAL OF FOUR IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM City Council Minutes -3- 9115198 316 The Resolution requested funding for the following four projects: (1) Ortega Highway widening, Via Cordova to east City limits; (2) La Novia Bridge widening; (3) Traffic signal, Rancho Viejo Road at Highland Drive; and, (4) Traffic signal, Del Obispo Street at Via Belardes/Paseo Carolina. APPROVAL OF BID FOR LAPTOP COMPUTERS - POLICE SERVICES (SMART DIGITAL TECHNOLOGYI (370.30) As set forth in the Report dated September 15, 1998, from the Administrative Services Director, the lowest responsible bidder, Smart Digital Technology, was awarded the bid for the purchase of laptop computers at a total of $13,457.98. PUBLIC HEARINGS CONTINUATION OF CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO INCREASE THE OVERALL CAPACITY OF COMMERCIAL STABLES FROM 25 T028 HORSES PER ACRE (420.30/930.40) Proposal: Consideration of an ordinance which would increase the number of horses allowed at commercial stables from 25 to 28 horses per acre. A_uplicant: City of San Juan Capistrano Written Communication: Report dated September 15, 1998, from the Planning Director, stating that in April the City Council had adopted an interim ordinance that increased the holding capacity of equestrian stables from 25 to 28 horses per acre. In addition, the interim ordinance authorized the Planning Director to administratively approve stable improvements during this interim period. This interim ordinance was extended by action of the City Council on May 19,1998, in order to consider permanent amendment language. The report requested continuation of the public hearing to the meeting of October 6, 1998, so that the required Negative Declaration public review period could be completed. Mr. Tomlinson, Planning Director, made an oral presentation, advising that the formal review process would be completed by September 21, 1998. 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 October 6, 1998. City Council Minutes -4- 9115198 317 RECESS AND RECONVENE Council recessed at 7:10 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and reconvened at 7:14 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. REVIEW OF MARKET BASED ECONOMIC STRATEGY PREPARED BY KEYSER-MARSTON AND LINDA CONGLETON ASSOCIATES (470.40 Written Communication: Report dated September 15, 1998, from the Economic Development Administrator advising that the Market Based Economic Strategy had been completed. The Report noted the major findings and provided a staff analysis of the recommendations made by the consultant. The goals of the Market Based Economic Strategy had been to evaluate a number of selected sites in the City from a market and real estate perspective; develop economic strategies; and, provide a reference point for the General Plan update. The Economic Strategy provided a description of the City's place in the region, the likely market opportunities; and, the likely methods required to attract and retain desired land uses. Mechelle Lawrence, Economic Development Administrator, made an oral presentation noting that the economic report had been commissioned to help the City identify its competitive position with neighboring communities and to evaluate a number of selected sites. She pointed out that the report provided an understanding of the market forces in San Juan Capistrano, emphasizing that it was not a planning report but rather a market based analysis and could be referred to in the future when making entitlement and land use decisions and economic programing decisions. The recommendations made by the consultants on the 10 sites were not action plans; they were analysis, conclusions and suggestions. She noted that the next step would be to revisit current programs to determine whether to redirect existing funding, expand current programs, or develop new programs. Staff would return with an implementation program in the future. Consultant Comments: Jim Rabe of Keyser -Marston and Associates made an oral presentation, advising that the analysis focused on the City's position in the marketplace. He discussed the goals and objectives that had been addressed in evaluating the selected sites. He discussed perceptions of the City in terms of development fees and processing, indicating that the development community perceived the City to be difficult to deal with due to a lack of clear guidance and too much flexibility. He noted that from a real estate perspective, the recession in effect when the process was begun in 1997, was over. He advised that from a business perspective, there was too much local -serving retail, and further noted that the City would be affected by retail development in the surrounding area. City Council Minutes -5- 9115198 318 Linda Congleton of Linda Congleton Associates made an oral presentation, discussing local and regional retail trends and opportunities in the future. She indicated that while the City had too much local -serving retail, from a market standpoint regional retail could be supported. She further indicated that restaurant productivity also suffered from an over- supply issue. She advised that with completion of the San Joaquin Hills Transportation Corridor there were good business park and office development opportunities; and, opportunities for a small conference hotel that would meet the needs of smaller businesses. Mr. Rabe addressed the conclusions reached in the study and the recommended implementation programs, which covered improving the perception of the City; attracting targeted industries; expanding marketing programs; and, dealing with the issues of regional visitors and local retail. Public Comments: (1) Christina Pfohl-Duane, 27569 Via Sequoia, owner of CyberLive, Inc., felt the study accurately addressed many current challenges, but there were some "fatal flaws" that if allowed, would be detrimental to the City's future. She cited objections to the recommendation to streamline development processes and felt the City was correct in proceeding carefully to protect its historic nature. She objected to the report's high priority toward business development and regional retail as the answer to the City's economic future; stating it had underestimated the potential of the tourism market in this City. She suggested that the City could market itself to host large-scale events and position itself as a venue for the year 2000 celebrations. She spoke about the City's limitations, especially with regard to traffic and lack of accommodations; suggesting that the proper development at the Junipero Serra gateway could present solutions to the problems. She stated that with regard to the conclusion that there was too much local -serving retail, if the City's resources were used correctly it did not need to depend on residents to support businesses. (2) Tom Facon, Director of the Chamber of Commerce, 31781 Camino Capistrano, Suite 306, stated that the Chamber's Economic Development Committee will meet Wednesday at the Cafd Mozart, at 3:00 p.m., to discuss this report in depth, and that he will share comments with City staff. He commended the consultants for the report. The City Manager suggested that the consultants address concerns regarding regional retail and the City's development standards. Jim Rabe indicated that they were not proposing what the development standards should be, but only indicating that there should be established standards of quality, reflecting the community's desires; further indicating that this was an issue which should be addressed through the General Plan update. Linda Congleton noted that San Juan Capistrano has a sense of place and will do well playing to its strengths. The City Manager stated that the challenge in the General Plan update would be to better -define the development criteria and standards, removing the subjectivity and discretionary approvals. City Council Minutes -6- 9115198 Council Comments: Council Member Hart felt that the report was excellent and informative. He stated that the City's process has always been critized; that the City already knows what its standards are and if developers do their homework, they know what the standards are. He felt that the City was vigilant and deliberate in the decision-making process to maintain to ensure protection of the City's rural and historic atmosphere and the quality of life. Council Member Greiner concurred with Council Member Hart. He agreed that the General Plan should set the parameters. He felt the City is already what it wants to be - a beautiful, small, charming, unique, historic place to live, which is both positive and negative. He stated that the report was thorough and expressed appreciation for the work involved in its preparation. Receive and File Report, Preparation of Program: It was moved by Council Member Campbell, seconded by Council Member Greiner and unanimously carried to receive and file the Market Based Economic Strategy report. Staff was directed to return with a program for implementation of the strategy recommendations. COMMUNITY SERVICES DIRECTOR 1. ADOPTION OF RESOLUTION REVISING COMMUNITY SEW.'ICES DEPARTMENT'S FACILITY RENTAL FEES AND CHARGES (960.20) Written Communication: Report dated September 15, 1998 from the Community Services Director, advising that in anticipation of the opening of the new Community Center, Staff had developed proposed fees and charges to be included in a packet of information to market the new facility. The revised fees also included updated charges for the rental of existing buildings and parks. Linda Evans, Community Services Manager, made an oral presentation. Approval of Fee Schedule: It was moved by Council Member Hart and seconded by Council Member Greiner and unanimously carried that the Resolution approving establishment of a new fee schedule for the rental of City facilities and related charges be adopted: RESOLUTION NO. 98-9-15-2 ESTABLISHING RENTAL FEES FOR COMMUNITY SERVICES FACILITIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NEW RENTAL FEES FOR COMMUNITY SERVICES FACILITIES AND REPEALING RESOLUTION NO. 92-2-18-8 City Council Minutes -7- 9/15/98 319 320 The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell, and Mayor Jones NOES: None ABSENT: None POLICE SERVICES 1. ADOPTION OF RESOLUTION SUPPORTING THE ORANGE COUNTY SHERIFF'S DEPARTMENT CHILD AND SAFETY EDUCATION PROGRAM 58� 0.10) Written Communications: Report dated September 15, 1998, from the Chief of Police Services, advising that through the efforts of the South Operations Division, the Orange County Sheriffs Department had been awarded a grant from the State of California, Office of Traffic Safety in the amount of $185,000 for a twenty-seven month period. The focus of the grant was traffic safety education for children in grades K-12. Lieutenant Paul Sullivan, Chief of Police Services, made an oral presentation, advising that the program will address the issues of bicycle safety; pedestrian safety; and alcohol related issues such as sobriety checkpoints. He stated that no matching funds were necessary. Supporting_ Program. It was moved by Council Member Swerdlin and seconded by Council Member Hart that the following resolution be adopted: RESOLUTION NO. 98-9-15-3. SUPPORTING CHILD AND SAFETY EDUCATION PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FORMALLY SUPPORTING THE ORANGE COUNTY SHERIFF'S DEPARTMENT CHILD AND SAFETY EDUCATION PROGRAMS The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell, and Mayor Jones NOES: None ABSENT: None City Council Minutes -8- 9115198 1 ORDINANCES 1. ADOPTION OF ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE - MODIFICATION OF PREVIOUSLY APPROVED GRADING PLANS AND ESTABLISHMENT OF SETBACKS FOR DRIVEWAYS IN A SIDE YARD 420.30 Written Communication: Report dated September 15, 1998, from the City Clerk advising that the Ordinance was introduced at the meeting of September 1, 1998, 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 Greiner, that the following Ordinance be adopted: ORDINANCE NO. 824, AMENDING TITLE 9 OF THE MUNICIPAL CODE - MODIFICATION OF PREVIOUSLY APPROVED GRADING PLANS AND ESTABLISHMENT OF "SETBACKS" FOR DRIVEWAYS IN A SIDE YARD - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.307(1) AND 9-3.424(B)(5) TO TITLE 9 OF THE MUNICIPAL CODE REGARDING MODIFICATION OF PREVIOUSLY APPROVED GRADING PLANS AND ESTABLISHMENT OF "SETBACKS" FOR DRIVEWAYS IN A SIDE YARD The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None 2. ADOPTION OF ORDINANCE REGULATING HELICOPTER AND OTHER LANDINGS (940.35 Written Communication: Report dated September 15, 1998, from the City Clerk advising that the Ordinance was introduced at the meeting of September 1, 1998, and was scheduled for adoption. City Council Minutes -9- 9/15/98 321 322 Ado tion 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 Greiner, that the following Ordinance be adopted: ORDINANCE NO 825 ADOPTING REGULATION OF HELICOPTER AND OTHER LANDINGS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING HELICOPTER AND OTHER LANDINGS WITHIN THE CITY BOUNDARIES BY ADDING CHAPTER 29, "REGULATION OF HELICOPTER AND OTHER LANDINGS," TO TITLE 5 OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill Eastern Corridor 800.50 Council Member Campbell stated that the Corridor opening was scheduled for October 16, 1998. K San Joaquin Hills Transportation Corridor (800.50) Council Member Campbell stated that re -paving will begin in November. C. Southeast Regional Reclamation Authority _(1040.60) Mayor Jones stated that the Authority Board had met on September 15, 1998, and a report would be provided to Council in slots. d. San Juan Basin Authority 110.50.60) Mayor Jones stated that the Authority Board had met on September 15, 1998, and had made progress toward the San Juan Basin Authority water permit. City Council Minutes -10- 9115198 1 e. League of California Cities 140.20 Council Member Greiner stated that at the September 10, 1998 meeting, resolutions had been reviewed in preparation for the upcoming Annual Conference. f. Orange County Joint Fire Authority (540.80 Council Member Greiner stated that the Board had discussed a plan to change paid call firefighter services to reserve firefighter services. g. Library Advisory Board (950.20 Council Member Greiner stated that the Board discussed funding sources identified from the State and County that will enhance San Juan Capistrano's fiscal situation. h. Oranize County Waste Mana ement Commission 810.10 Council Member Greiner stated that the Board approved the recommendation to retain the Household Hazardous Waste facility at the current Prima Deshecha Landfill site. i. Orange County Vector Control District Council Member Swerdlin announced that the Vector of the Month is the scorpion. COUNCIL COMMENTS 1. SIGN REHABILITATION 410.40 Mayor Jones noted that the sign at Ortega Highway and the southbound freeway ramp for the Mission Inn and Walnut Grove is in a state of disrepair. He noted that the proprietors were receptive to conferring with Staff about refurbishing the sign, and suggested that there could be a fund-raiser or community effort to help fund the repair of the sign. He asked that the Staff review the situation. 2. SAN JUAN SUMMER NITES (1.50.601 Mayor Jones stated that the last event of the year will be held Wednesday evening, September 16, 1998, at the Historic Town Center Park. City Council Minutes -11- 9115/98 323 324 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:08 p.m. to the next regular meeting date of Tuesday, October 6, 1998, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, c CHERYL JO S , CITY CLERK City Council Minutes -12- 9115198