98-1201_CC_Minutes_Regular Meeting373
DECEMBER 1, 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 5:30 p.m. for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal
Counsel regarding Building Industry Legal Defense Foundation v. City of San Juan
Capistrano.
2. Pursuant to Government Code Section 54956.9(b)(2)(A); the City Council will confer with
its Legal Counsel regarding two matters.
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
MEETINGS UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of City of San Juan Capistrano, California was called
to order by Mayor Jones 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 Swerdlin.
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 Shaw, Interim 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. Bill Leonard, Orange County Sheriffs
Department; and Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND CAPISTRANO VALLEY
WATER DISTRICT
Mayor Jones announced there were no actions to report on the Closed Session items.
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JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY
AND CAPISTRANO VALLEY WATER DISTRICT REORGANIZATION
SELECTION OF MAYOR AND MAYOR PRO TEMPORE (610.80)
Written Communications:
Report dated December 1, 1998, from the City Clerk.
Mayor Jones thanked his colleagues on the Council with him for their support and gave
thanks to his family.
Selection of Mgy :
Mayor Jones then turned the meeting over to the City Clerk, who asked for nominations for
the office of Mayor. It was moved by Council Member Campbell, seconded by Council
Member Swerdlin that John Greiner be nominated for the office of Mayor. There being no
further nominations, it was moved by Council Member Campbell, seconded by Council
Member Swerdlin and unanimously carried to select John Greiner as Mayor for the one-year
term ending December 1, 1999.
Selection of Mayor pro tem:
Mayor Greiner opened nominations for the office of Mayor pro tem. It was moved by
Council Member Swerdlin, seconded by Council Member Hart that Collene Campbell be
nominated for the office of Mayor pro tem. There being no further nominations, it was
moved by Council Member Swerdlin, seconded by Council Member Hart and unanimously
carried to select Collene Campbell as Mayor pro tem for the one-year term ending
December 7, 1999.
Presentation of Gavel Plaque:
Mayor Greiner expressed appreciation to former -Mayor Jones for his efforts during his
tenure as Mayor, and presented a gavel plaque commemorating Mr. Jones' term in office.
Mrs. Jones was presented with a bouquet of roses.
2. ADOPTION OF RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT
OF CITY FUNDS 320.10
Written Communications:
Report dated December 1, 1998, from the City Clerk, forwarding the Resolution which
authorizes the signatures of the newly -elected Mayor, Mayor pro tem, Treasurer and Deputy
Treasurer on the City bank accounts.
Adoption of Resolution:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
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RESOLUTION NO. 98-12-1-1. DEPOSIT AND INVESTMENT OF CITY
FUNDS AND AUTHORIZING SIGNATURES - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR
REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND
REPEALING RESOLUTION NO. 97-12-2-1
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor
Greiner
NOES: None
ABSENT: None
3. SELECTION OF REDEVELOPMENT AGENCY CHAIRMAN AND VICE
CHAIRMAN (400.10
Written Communications:
Report dated December 1, 1998, from the Agency Secretary.
Selection of Chairman:
Mayor Greiner opened nominations for Chairman of the Community Redevelopment
Agency. Director Jones nominated Director Hart for Chairman. There being no further
nominations, it was moved by Director Jones, seconded by Director Swerdlin, and
unanimously carried that Wyatt Hart be selected as Chairman for a one-year term ending
December 7, 1999.
Selection of Vice Chairman:
Chairman Hart opened nominations for Vice Chairman. Director Jones nominated Director
Swerdlin for Vice Chairman. There being no further nominations, it was moved by Director
Jones, seconded by Director Campbell, and unanimously carried that David Swerdlin be
selected as Vice Chairman for a one-year term ending December 7, 1999.
4. RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF AGENCY
FUNDS (320.10)
Written Communications:
Report dated December 1, 1998, from the Agency Secretary, forwarding the Resolution
which authorizes the signatures of the newly -elected Chairman, Vice Chairman, Executive
Director, Agency Secretary, and Agency Finance Officer on the Agency accounts.
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Authorization of Signatures:
It was moved by Director Campbell, seconded by Director Jones that the following
Resolution be adopted:
RESOLUTION NO. CRA 98-12-1-1, DEPOSIT AND INVESTMENT OF
AGENCY FUNDS AND AUTHORIZING SIGNATURES - A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, DELEGATING TO THE AGENCY
FINANCE OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND
TO INVEST AND REINVEST AGENCY FUNDS, AUTHORIZING
SIGNATURES, AND REPEALING RESOLUTION NO. CRA 97-12-2-1
The motion carried by the following vote:
AYES: Directors Swerdlin, Greiner, Jones, Campbell and Chairman Hart
NOES: None
ABSENT: None
SELECTION OF CAPISTRANO VALLEY WATER DISTRICT CHAIRMAN AND
VICE CHAIRMAN (1050.10
Written Communications:
Report dated December 1, 1998, from the Clerk of the Board.
Selection of Chairman Jones):
Mayor Greiner opened nominations for Chairman of the Capistrano Valley Water District.
Director Campbell nominated Director Greiner for Chairman. There being no further
nominations, it was moved by Director Campbell, seconded by Director Swerdlin, and
unanimously carried that Director Greiner be selected as Chairman for a one -year -term
ending December 7, 1999. At the conclusion of the City Council meeting, it was moved by
Director Campbell, seconded by Director Swerdlin and unanimously carried to rescind
previous selection and to select Director Jones to serve as Chairman of the Water District for
the one-year term.
Selection of Vice Chairman (Greiner):
Chairman Greiner opened nominations for Vice Chairman. Director Jones nominated
Director Swerdlin for Vice Chairman. There being no further nominations, it was moved by
Director Jones, seconded by Director Campbell and unanimously carried that Director
Swerdlin be selected as Vice Chairman for a one-year term ending December 7, 1999. At
the conclusion of the City Council meeting, it was moved by Director Campbell, seconded
by Director Swerdlin and unanimously carried to rescind previous selection and to select
Director Greiner to serve as Vice -Chairman of the Water District for the one-year term.
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INTRODUCTIONS AND PRESENTATIONS
1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING {110.10)
Mayor Greiner introduced the following persons in attendance: Al Simmons, Seniors
Liaison to the City; Tom Facon, Executive Director of the Chamber of Commerce; Bill
Hardy and Don Tryon, Cultural Heritage Commission; Marie Buckner, Joann de Guevara
and Janice Palermo, Housing Advisory Committee. Mayor Greiner's family was in
attendance and introduced.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF
DIRECTORS AND THE CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS
1. LEUKEMIA SOCIETY PRESENTATION ,610.40
Paul Glaab, President of the Board for the Tri -County Chapter of the Leukemia Society,
recognized Council Member Wyatt Hart for hosting the celebrity waiter event on October 29,
1998, at the Laguna Cliffs Resort.
CONSENT CALENDAR
It was moved by Council Member Jones, 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 Jones, Swerdlin, Hart, Campbell and Mayor
Greiner
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 NOVEMBER 3, 1998
The Minutes of the Regular Meeting of November 3, 1998, were approved as submitted.
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378
RECEIVE AND FILE WARRANTS OF NOVEMBER 5, 1998 (300.30
The List of Demands dated November 5, 1998, in the total amount of $566,613.84 was
ordered received and filed.
4. RECEIVE AND FILE STATUS REPORT ON NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated December 1, 1998, from the Planning Director, advising that four new
development applications had been received since the last report, was ordered received and
filed.
APPROVAL OF AWARD OF CONTRACT - DOWNTOWN LIGHTING
PROGRAM, PHASE I (CIP NO. 118)(COMPUTER _ SERVICE
COMPANY)(600.30)
As set forth in the Report dated December 1, 1998, from the Director of Engineering and
Building, the award of the contract for the Downtown Lighting Program, Phase I to the low
responsible bidder, Computer Service Company, in the amount of $132,251 was approved
and the Mayor and the City Clerk were authorized to execute the documents on behalf of the
City.
6. ADOPTION OF RESOLUTION FOR ENVIRONMENTAL ENHANCEMENT
AND MITIGATION PROGRAM (EEMP)GRANT/MISSION SAN JUAN
CAPISTRANO (,910.50)
As set forth in tnv R_ Bort dated December 1, 1998, from the Director of Engineering and
Building, the following Resolution approving the application for grant funds of $250,000 for
Mission San Juan Capistrano Preservation and Restoration from the Environmental
Enhancement and Mitigation Program funds was adopted; and the appointment of Jerry
Miller to administer the paper work was approved:
RESOLUTION NO. 98-12-1-3, APPLICATION FOR GRANT FUNDS -
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM -
MISSION SAN JUAN CAPISTRANO - RESOLUTION OF THE CITY OF
SAN JUAN CAPISTRANO, ON BEHALF OF THE MISSION SAN JUAN
CAPISTRANO, APPROVING THE APPLICATION FOR GRANT FUNDS
FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION
PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND
HIGHWAYS CODE FOR THE FOLLOWING PROJECT: MISSION SAN
JUAN CAPISTRANO
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7. ADOPTION OF PROPOSED REVISIONS TO SCHEDULE OF FEES FOR
INSPECTION DUPLICATION, TAPE RECORDING OF OFFICIAL MEETINGS
AND PURCHASE OF CITY DOCUMENTS G80.20)
As set forth in the Report dated December 1, 1998, from the City Clerk, the following
Resolution revising the schedule of fees for inspection, duplication, tape recordings of
official meetings, purchase of City documents, as well as including prices set for new trail
map in the fee schedule, was adopted:
RESOLUTION NO. 98-12-1-4 FEE SCHEDULE - INSPECTION
_DUPLICATION, TAPE_ RECORDINGS OF OFFICIAL MEETINGS AND
PURCHASE OF CITY DOCUMENTS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING PROCEDURES AND FEE SCHEDULE FOR VARIOUS
CITY DOCUMENTS REQUESTED BY THE PUBLIC AND REPEALING
RESOLUTION NO. 90-11-20-4
8. LOCAL AGENCY INVESTMENT FUND - ADOPTION OF RESOLUTION
AUTHORIZING SIGNATURES (320.10
As set forth in the Report dated December 1, 1998, from the City Clerk, the following
Resolution authorizing the City Treasurer and Deputy City Treasurer to deposit and withdraw
monies in the Local Agency Investment Fund was adopted:
RESOLUTION NO. 98-12-1-5, INVESTMENT OF CITY MONIES IN
LOCAL AGENCY INVESTMENT FUND - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING INVESTMENT OF CITY MONIES IN
THE LOCAL AGENCY INVESTMENT FUND AND REPEALING
RESOLUTION NO. 92-10-20-2
9. APPROVAL OF AWARD OF CONTRACT - MERCHANTS BUILDING
MAINTENANCE, COMMUNITY CENTER CUSTODIAL SERVICES (600.30)
As set forth in the Report dated December 1, 1998, from the Public Works Director, the
award to the qualified Contractor, Merchants Building Maintenance, in the amount of
$60,281.09, for a contract period of December 1998 through June 2002, with the work to
include the gym when complete, was approved.
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10. ADOPTION OF ESTABLISHMENT OF PARKING RESTRICTIONS - CALLE
CHUECA (570.30)
As set forth in the Report dated December 1, 1998, from the Director of Engineering and
Building, the following Resolution establishing a "No Parking Trash Days (Fridays) 6:30
a.m, to 4:00 p.m. Tow -Away Zone" on Calle Chueca was adopted:
RESOLUTION NO. 98-12-1-6, ESTABLISHING "NO PARKING TRASH
DAYS" ZONE - CALLE CHUECA -A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING
A "NO PARKING TRASH DAYS 6:30 A.M. TO 4:00 P.M. TOW -AWAY
ZONE" ON CALLE CHUECA
11. AWARD OF BID FOR THE PURCHASE OF A 1998 KAWASAKI KZ 1000P
POLICE MOTORCYCLE (580.10
As set forth in the Report dated December 1,1998, from the Chief of Police Services, the bid
for the purchase of a 1998 Kawasaki KZ 1000P Police Motorcycle from VIP Motorcycles
Inc., of Buena Park for $9,891.56 was awarded.
12. APPROVAL OF TOLLING AGREEMENT - MASEK, JUDSON(MEREDITH
CANYON)(600.30)
As set forth in the Report dated December 1, 1998, from the City Attorney, the tolling
agreement between the City, Marion Masek and Eleanor Judson for the purpose of delaying
the time within which these property owners may file a legal claim against the City, until
January 15, 2001, in connection with the recent Meredith Canyon slide condition was
approved.
13. APPROVAL OF AGREEMENT FOR ANNUAL AUDIT SERVICES WITH
DIEHL, EVANS & COMPANY FOR THE FISCAL YEAR ENDING JUNE 30,
1998 (DIEHL EVANS)(600.30)
As set forth in the Report dated December 1, 1998, from the Administrative Services
Director, the one-year agreement for Annual Audit Services with Diehl, Evans & Company
for the 1997-98 fiscal year audit at a total of $21,275 was approved.
The following item was removed from the Consent Calendar at the request of Council Member
Jones, noting a potential conflict of interest relating to the proximity of the project to his
business/residence:
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APPROVAL OF OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY
AND QUITCLAIM DEED FOR THE EXTENSION OF PASEO ADELANTO,
FROM DEL OBISPO STREET TO RAMOS STREET CIP NO. 137 ORANGE
COUNTY FLOOD CONTROL DISTRICT 600.50/670.50
Written Communications:
Report dated December 1, 1998, from the Director of Engineering and Building, forwarding
an agreement to purchase the Orange County Flood Control District's Parcel L02-103.7 for
$27,500 in order to facilitate the extension of Paseo Adelanto. The Flood Control District
had requested that the City build, pave, gate and fence an access road to the Trabuco Creek
level, for which the District would credit $10,900 toward the purchase price. The Report
also forwarded a Resolution accepting a quitclaim deed from the Flood Control District in
conjunction with the Paseo Adelanto extension.
Approval of A rreeement:
It was moved by Council Member Hart, seconded by Council Member Campbell and carried
with Council Member Jones abstaining, to approve the "Offer and Agreement to Purchase
Real Property" with the Orange County Flood Control District.
Acceptance of Quitclaim:
It was moved by Council Member Hart, seconded by Council Member Greiner that the
following Resolution accepting the Quitclaim Deed from the Orange County Flood Control
District be adopted:
RESOLUTION NO. 98-12-1-2, ACCEPTING OUITCLAIM DEED FROM
ORANGE COUNTY FLOOD CONTROL - PASEO ADELANTO
EXTENSION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A
QUITCLAIM DEED FROM THE ORANGE COUNTY FLOOD CONTROL
DISTRICT FOR THE PASEO ADELANTO EXTENSION, DEL OBISPO
STREET TO RAMOS STREET
The motion carried by the following vote:
AYES: Council Members Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSTAIN: Council Member Jones
ABSENT: None
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PUBLIC HEARINGS
CONTINUATION OF HEARING REGARDING FORMATION OF GEOLOGIC
HAZARD ABATEMENT DISTRICT 98-01 TENTATIVE TRACT 14196(SJD
PARTNERS, LTD./SUNCAL)(345�
Written Communications:
Report dated December 1, 1998, from the Director of Engineering & Building, advising that
Tentative Tract No. 14196, (SunCal), was conditioned to establish a Geologic Hazard
Abatement District for potential use in the event of a catastrophic slope failure. The District
would provide a tool that future home owners may use to repair major slope failures in which
bonds would be sold and repaid by property assessments over an extended period of time.
The Report noted that the Via La Mirada landslide was outside the subject tract boundaries
and was not subject to this action. The public hearing was set by Council resolution on
November 3, 1998.
William Huber, Director of Engineering and Building, made an oral presentation advising
that new subdivisions must meet the City's Slope Warranty Program, which includes a Soils
Displacement Program and the formation of the subject District. He noted that the District
would only be activated at the direction of the residents living in the tract.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
the following persons responded:
John Jay Curtis, 26922 Via La Mirada, stated that he had attended tonight's meeting
in order to protest the Geologic Hazard Abatement District Program. He stated that
his is a red -tagged house which is uninhabitable due to the Via La Mirada landslide.
He felt that formation of the District would allow the developer to shift future
burdens onto future residents; that the tract contained former slides, and in view of
the La Mirada slide, it was irresponsible to go forward until issues regarding the slide
were resolved with finality. Mr. Curtis presented a letter dated December 1, 1998,
outlining his concerns as to why the Geologic Hazard Abatement District is
inappropriate.
Council Member Campbell stated for the record that due to late receipt of the letter, she was
unable to read and comment on it.
In response to Council Member Swerdlin, the City Attorney felt there were misconceptions
about the District; its creation did not shift the burden, it was merely a foundation that
homeowners could choose to use if needed but it would not go forward without their consent.
He indicated that the developer's entitlements were not tied to formation of the District;
however, he recommended the formation be continued to allow him time to meet with Mr.
Curtis regarding this issue. Mr. Huber advised that the Development Agreement required
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formation of the District prior to approval of the first Final Map; staff could concur with
deferring action at this time and returning with a recommendation to allow at least the first
Map to go forward prior to the District formation. Mr. Scarborough indicated that the
developer would prefer that the condition not be a requirement of his tract; it is a condition
recommended by staff included for every development due to significant geotechnical
problems experienced in the community.
2. Ron Freedman, Vice President of SJD Partners, concurred with waiving or deferring
the requirement to form the District to at least allow their first Map to go forward.
He felt it was not appropriate for a property owner who would not be a part of, or
benefit from, the District to be allowed into the decision on forming the District.
3. Bob Mikolajczak, 26971 Via La Mirada, indicated he lives across the street from the
homes affected by the slide and stated concern that the slide area had not yet been
winterized.
4. Jack Lucas, attorney for the home owners, stated that the initial winterization plan
had called for removal of major portions of the residents back yards, which was not
acceptable. He advised that SunCal had been request to place plastic and drainage
over the area. SunCal had prepared plans that the homeowners had approved; as
soon as the City approved the plans the project could proceed.
S. Jim Lee, 26962 Via La Mirada, stated that his home was also red -tagged and that he
was distraught over the loss of his home and that he was tired of the City, the
developers and the attorneys and others arguing. He stated that emergency measures
were needed to winterize the slide area.
Discussion ensued regarding the status of the winterization plans. Mr. Freeman advised that
the plans would be presented to the City by 8:00 a.m., tomorrow morning and that they were
on stand-by and ready to begin work as soon as the plans were approved. In response to
Council Member Campbell, Mr. Huber advised that staff would need two to three days to
review and approve the plans.
There being no further response, the Public Hearing was declared closed.
Motion to Continue Public Hearing:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell and
unanimously carried to continue the public hearing to December 15, 1998, with the direction
given to Staff that the winterization plan for the Meredith Canyon slide area be approved
within 72 hours after receipt, noting receipt of the plan had been promised for 8:00 a.m.
tomorrow morning, and the installation to proceed immediately thereafter.
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2. APPROVAL OF TENTATIVE PARCEL MAP 98-188 (MARBELLA OFFICE
CENTER)(420.70)
Proposal:
Consideration of a Tentative Parcel Map which would divide an approximately 2.8 -acre site
located on the east side of Rancho Viejo Road, south of the Fluidmaster facility, into two
lots. The site is within the Planned Community District, and is designated Light Industrial
on the General Plan Map.
Applicant:
Burnett Development Corporation, Attn: John C. Killen, 13031 Newport Avenue, Suite 200,
Tustin, CA 92780
Property Owner:
MacMain Associates, c/o Burnett Polygon, L.P.,13031 Newport Avenue, Suite 200, Tustin,
CA 92780
Project Architect:
Langdon Wilson, Attn: Bryan Shimoda, 1401 Quail Street, Suite 100, Newport Beach, CA
92660
Written Communications:
(1) Report dated December 1, 1998, from the Planning Director, advising that the
applicant is proposing to construct two office buildings totaling approximately
30,000 square feet. It indicated that the Planning Commission had approved the
Architectural Control application associated with the office complex on October 27,
1998.
(2) Letter dated November 19, 1998, from the Marbella Property Owners Association,
stating that they supported the lot split on the conditions that the two buildings are
completed as per their June 23, 1998, drawings, and that the two buildings are built
at the same time.
Exhibits were on display and the Planning Director, made an oral presentation, noting that
concerns expressed by the Marbella Property Owners Association had been included within
the Planning Commission approvals.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
the following person responded:
Joseph Swang, Project Director of Burnett Polygon, stated that they were in
agreement with the suggestions made and stated that he and the architect, Bryan
Shimoda, were available for questions.
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There being no further response, the Public Hearing was declared closed.
Council Comments:
Council Member Campbell expressed concern with landscaping issues. Mr. Tomlinson
indicated there were no existing trees on the site. He advised that a significant amount of
time had been spent dealing with the landscaping interface between the project and the
adjacent residential area; that concerns had been resolved to the satisfaction of the
Homeowners Association and residents in the area. He further stated that landscaping had
been a big issue and the approvals were consistent with the City's standards.
Adoption of Resolution:
It was moved by Council Member Jones and seconded by Council Member Swerdlin that the
following Resolution approving the Tentative Parcel Map 98-188 be adopted:
CITY COUNCIL RESOLUTION NO. 08-12-1-7, APPROVING
TENTATIVE PARCEL MAP 98-188 BURNETT POLYGON
L.P./MARBELLA OFFICE CENTER - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, APPROVING
TENTATIVE PARCEL MAP 98-188 ASSOCIATED WITH THE
CONSTRUCTION OF AN OFFICE COMPLEX LOCATED ON THE EAST
SIDE OF RANCHO VIEJO ROAD ON ASSESSOR'S PARCEL NUMBER
650-591-07 (BURNETT POLYGON, L.P./MARBELLA OFFICE CENTER)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor
Greiner
NOES: None
ABSENT: None
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APPROVAL OF MEMORANDUM OF UNDERSTANDING - SAN JUAN
CAPISTRANO CITY EMPLOYEES ASSOCIATION (CLASSIFIED)(730.30)
Written Communication:
Report dated December 1, 1998, from the City Manager, forwarding the Fiscal Year 1998-99
Memorandum of Understanding with the Classified Employees and a Resolution
incorporating its provisions into the City's Personnel Classification and Compensation Plan
and Personnel Rules.
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Julia Silva, Personnel Manager, made an oral presentation.
Approval of Memorandum of Understanding:
It was moved by Council Member Campbell and seconded by Council Member Jones and
unanimously carried to approve the Fiscal Year 1998-99 Memorandum of Understanding
between the City of San Juan Capistrano and the San Juan Capistrano City Employees
Association, Classified Employees.
Adoption of Resolution:
It was moved by Council Member Campbell and seconded by Council Member Jones that
the following Resolution, approving amendments to the Classification and Compensation
Plan and to Personnel Rules and Regulations be adopted:
_RESOLUTION NO. 98-12-1-8, AMENDING RVSOLUTION NO. 94-12-6-
5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION
PLAN AND AMENDING THE CITY'S PERSONNEL RULES AND
REGULATIONS - FISCAL YEAR 1998-99 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
AMENDING RESOLUTION NO. 97-8-19-3, THE CITY'S PERSONNEL
RULES SAND REGULATIONS (FISCAL YEAR 1998-99
MEMORANDUM OF UNDERSTANDING - SAN JUAN CAPISTRANO
CITY EMPLOYEES ASSOCIATION)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor
Greiner
NOES: None
ABSENT: None
Funds in the amount of $20,808 were appropriated from unallocated general fund reserves
to implement the new salary schedule.
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2, APPROVAL OF AGREEMENT WITH WESELOH CHEVROLET/HONDA FOR
THE CITY CONSTRUCTION OF PUBLIC IMPROVEMENTS - CAMINO
CAPISTRANO AND STONEHILL DRIVE 600.30
Written Communication:
Report dated December 1, 1998, from the Principal Management Analyst, advising that Ben
Weseloh had proposed to develop a new Chevrolet dealership and relocate and expand his
existing Honda store to the northwest corner of Camino Capistrano and Stonehill Drive. Due
to development costs associated with the topography of the site and extensive off-site
improvements required, including widening Camino Capistrano to four lanes, and
undergrounding of overhead utilities, Mr. Weseloh had requested City financial assistance.
The Report advised that based on development pro -formas, there was a feasibility gap that
warranted public assistance. An agreement had been prepared for City construction of the
off-site public improvements.
Douglas Dumhart, Principal Management Analyst, made an oral presentation stating that the
expected cost of the improvements was $1.7 million. In exchange for the City being
responsible for public improvements, the developer would record a use restriction over the
property to assure it would only be used for new car dealership; the use restriction would last
from 10 years from the date they open for business, but no longer than 15 years from the date
the City completes the public improvements. The City's obligations for the improvements
would not be effective until the developer recorded the agreement, which must occur no Iater
than June 30, 1999. The City would then have 270 days to complete the improvements.
Approval of Agreement:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried that the Agreement with Weseloh ChevroIet/Honda for construction of
public improvements, entitled "Agreement Containing Covenants and Affecting Real
Property, a Land Use Restriction Against Use, Assessor's Parcel No. 121-254-41, 121-240-
19 and 121-240-74," be approved; and, that $1.7 million be appropriated from the General
Fund Reserves to the Capital Improvement Program.
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF AWARD OF CONTRACT - SAN JUAN CAPISTRANO
COMMUNITY CENTER GYMNAS_IU_ M_(600.30)
Written Communication:
Report dated December 1, 1998, from the Open Space Project Manager, advising that bids
for construction of the Community Center Gymnasium were opened November 19, 1998.
The Report advised that the contract be awarded to Varkel Construction, Inc., in the amount
of $1,430,000 and that the minor irregularity in the bid documents be waived.
City Council Minutes -15- 1211198
ME
Sharon Heider, Open Space Project Manager, made an oral presentation, advising that the
minor discrepancy consisted of not acknowledging receipt of the Construction Addenda. She
indicated that construction would begin on December 17, 1998, and would end in July of
1999. Ms. Heider stated that Varkel Construction had requested to start construction on
January 4, 1999, but staff would address that issue separate from this action.
Council Comments:
Council Member Campbell emphasized that the Council intends to hold Varkel Construction
to their bid.
Award of Contract:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the Contract for construction of the San Juan Capistrano
Community Center Gymnasium be awarded to the lowest responsible bidder, Varkel
Construction, Inc., in the amount of $1,430,000; that the Mayor and City Clerk be authorized
to sign the contract; and, that the minor irregularity be waived. The Council indicated that
the contractor should begin preliminary work and not wait until after the holidays; Ms.
Heider indicated that tomorrow she would forward the Notice to Proceed to the contractor.
2. APPROVAL OF BUDGET AMENDMENT AND STATE HIGHWAY UTILITY
AGREEMENT NO. 12570 - ORTEGA HIGHWAY OVERLAY (SR74),
DEPARTMENT OF TRANSPORTATION (600.50__
Written Communications:
Report dated December 1, 1998, from the Director of Engineering and Building, advising
that the Department of Transportation (Caltrans) had completed the overlay of Ortega
Highway from 1400 feet East of Route I-5 to 1500 feet East of Avenida Siega. The Cis '-)—J
the Water District own and maintain water valve covers, sewer and drainage manholes within
the limits of the State's project which required removal/replacement and adjustment to
existing and new grade. The Report forwarded an agreement with Caltrans for
reimbursement of the costs associated with the work. The Report advised that the cost was
$11,470 and recommended an appropriate fund balance reserves in the amount of $4,652 for
the storm drain manhole work and $6,818 for the sewer work.
William Huber, Director of Engineering and Building, made an oral presentation.
Approval of Agreement:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried to approve State Highway Utility Agreement No. 12570 with Caltrans
for reimbursement of the work; to approve the budget appropriations as recommended; and,
to authorize the Mayor and City Clerk to sign the agreement on behalf of the City.
City Council Minutes -16- 12/l/98
1
COMMUNITY SERVICES DIRECTOR
1. APPROVAL OF EXTENDING AGREEMENTS FOR AFTERSCHOOL
RECREATION AND TEEN PROGRAMS (BOYS & GIRLS CLUB OF
CAPISTRANO VALLEY, INC.)(600.30)
Written Communications:
Report dated December 1, 1998, from the Community Services Director, advising that the
original agreements provided for 18 months of services with a six-month extension upon
mutual agreement. The program had been conducted during the last school year; however,
the teen program position was vacant and the program had not begun this year. The Report
recommended extending the agreements, noting that once the program position was filled the
CIub would meet its contractual obligation.
Karen Crocker, Community Services Manager, made ari oral presentation, noting that the
City had not paid for teen services for the months of October and November due to the
position vacancy and resultant lack of services.
Approval of Extension of Agreement:
It was moved by Council Member Campbell, seconded by Council Member Jones, with
Council Member Hart abstaining due to his position on the Boys & Girls Club Board of
Directors, that the Afterschool Recreation and Teen Program agreements be extended for a
six-month period ending June 30, 1999.
2, APPROVAL OF AMENDMENT TO AGREEMENT FOR AFTERSCHOOL
RECREATION PROGRAM (CAMP FIRE BOYS & GIRLS, ORANGE COUNTY
COUNCIL)(600.--^)
Written Communications:
Report dated December 1, 1998, from the Community Services Director, advising that the
Afterschool Recreation Program conducted by the Camp Fire Boys & Girls, Orange County
Council had been very successful and had agreed to incur additional expenditures for
increased participation levels, serving 60 children per day per site instead of the 30
anticipated by the original agreements. The Camp Fire Boys & Girls wished to extend the
program, but was no longer able to incur the additional expenses to accommodate increased
participation levels. Five options were delineated in the Report; staff recommended
inclusion of a $1 per day per participant fee for the Afterschool program. The Report
forwarded an amendment to the original agreement to include the fee.
Karen Crocker, Community Services Manager, made an oral presentation stating that
scholarships would be available for those who were unable to pay the $1 per day fee.
City Council Minutes -17- 1211198
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390
Approval of Extension of Agreement:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried to approve the amendment to Agreement for Afterschool Recreation
Program with the Camp Fire Boys & Girls, Orange County Council, providing for extension
of the term of the original agreement to June 3 0, 1999 and including a payment of $1 per day
per participation.
ORDINANCES - None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill -Eastern and San Joaquin Hills Transportation Corridors (800.50),
Council Member Campbell discussed challenges coming up relating to the future
roadway extensions, as well as noting that the Foothill -Eastern corridor had been
completed one year early and under budget.
b. Joint Powers Insurance Authority (,170.30)
Council Member Swerdlin noted that construction is continuing on the new facility.
Orange County Vector Control District (560.50)
Council Member Swerdlin advised that a rat was found in the City of Orange which
carried the bubonic plague.
COUNCIL COMMENTS
SELECTION OF CAPISTRANO VALLEY WATER DISTRICT
CHAIRMANNICE CHAIRMAN (1050.10)
Council Member Campbell stated that her motion to select John Greiner as Chairman and
David Swerdlin as Vice Chairman should be modified; that it was more appropriate for Gil
Jones to remain Chairman and John Greiner to be Vice Chairman. It was moved by Council
Member Campbell, seconded by Council Member Swerdlin, and unanimously carried to
rescind the previous selection and to approve the new selection.
2. CHRISTMAS TREE LIGHTING (150.601
Council Member Jones noted that the Christmas Tree Lighting was scheduled for 5:00 p.m.
on December 5, 1998, at the Historic Town Center Park.
City Council Minutes -18- 1211198
1
3. COMMUNITY CENTER GRAND OPENINGS 50.60)
Mayor Greiner noted that the Grand Opening for the Community Center is scheduled for
December 11, 1998, at 6:00 p.m.
4. MINI -PARK PLANTING 130.40
Mayor Greiner noted and applauded the efforts of the Boys & Girls Club members in
planting at the Mini -Park.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:45 p.m., to the
next joint meeting with the Planning Commission on Monday, December 7, 1998, at 7:00 p.m. in
the City Council Chambers.
ATTEST:
J
01 An9A
JO GREIN , MAYO
City Council Minutes
Respectfully submitted,
CHERYL JO SO , CITY CLERK
_19-
12/1/98
391
1
1
NOTICE OF ADJOURNMENT OF MEETING OF
THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, at its Regular meeting of December 1, 1998, adjourned said meeting to
Monday, December 7,1998, at 7:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San
Juan Capistrano.
DATED: December 2, 1998
eryl J611ifis6KC-ifPrCleik
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
}
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby
declare that the above Notice was posted at or near the door of the City Council Chamber on
December 2, 1998.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johns , Clerk
San Juan Capistrano, California
393