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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. City Council Minutes -1- 12/1198 374 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: City Council Minutes -2- 12/1/98 375 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. City Council Minutes -3- 1211198 376 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. City Council Minutes -4- 1211198 1 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. City Council Minutes -5- 1211198 377 378 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 City Council Minutes -6- 1211198 r.. 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. City Council Minutes -7- 1211198 379 380 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: City Council Minutes -8- 1211198 1 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 City Council Minutes -9- 1211198 381 382 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 City Council Minutes -10- 12/1/98 1 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. City Council Minutes -11- 1211198 383 384 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. City Council Minutes -12- W17111FRI-I! 385 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. City Council Minutes -13- 12/1/98 386 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. City Council Minutes -14- 1211198 387 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 389 390 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