99-0615_CC_Minutes_Regular Meeting161
JUNE 15,1999
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)(1), the City Council will confer
with its Legal Counsel regarding one matter.
3. Pursuant to Government Code Section 54956.8, the City Council will confer with its
Real Property Negotiator (City Manager) regarding the potential terms and conditions
of lease of certain real property, more particularly the South Open Space area,
consisting of approximately 369 acres located at the terminus of Camino Las
Ramblas, bordering the cities of San Juan Capistrano and San Clemente.
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
MEETINGS UNTIL 7:00 P.M.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Greiner at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Jim Tracy, Gateway Community Church.
ROLL CALL: PRESENT: John Greiner, Mayor
Collene Campbell, Mayor pro tem
Gil Jones, 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; William Ramsey, Senior
Planner; Amy Amirani, Public Works Director; Al King, Community Services Director; Lt. Rick
Stahr, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary.
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ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Greiner announced there were no actions to report from Closed Session.
INTRODUCTION, PRESENTATIONS AND DONATIONS
1. RECOGNITION OF MARBELLA PLAZA FOR ITS MAJOR SPONSORSHIP OF
SAN JUAN SUMMER NITES CONCERT #1 FOR June .,16,, 1999 (610.40)
Written Communications:
Report dated June 15, 199, from the Economic Development Manager, advising that
Marbella Plaza had donated $2,500 to support the 1999 San Juan Summer Nites Concert
No. 1, which will be held on June 16, 1999 at the Historic Town Center Park.
Gale Stuart and Kathy Kuper, representing the Marbella Plaza merchants, were present to
receive a plaque of appreciation.
2. OUTSTANDING CROSSING GUARD OF THE YEAR AWARD - MARIA
NARANJO (610.40)
Written Communications:
Report dated June 15, 1999, from the Chief of Police Services, advising that All City
Management, the company who provides crossing guard services to the City, wished to
present an award to Maria Naranjo for her outstanding service. The Report also advised that
the City would present a Certificate of Commendation to Maria Naranjo.
Maria Naranjo was present to receive the plaque from Don Brown, representing All City
Management, and the Certificate from Mayor Greiner.
3. PROCLAMATION DESIGNATING THE WEEK OF AUGUST 23 1999 AS
"CALIFORNIA HERITAGE WEEK" CAPISTRANO PAGEANT 610.40
Written Communications:
Report dated June 15, 1999, from the Economic Development Manager, recommending
issuance of the Proclamation to support the premier of the Capistrano Pageant, scheduled for
the week of August 23, 1999 at the Rancho Mission Viejo Riding Park.
On behalf of supervisor Thomas Wilson, Leah Beal, President-elect of the Chamber of
Commerce, presented a Proclamation for California Heritage Week to members of the Board
of Directors who were in attendance. Mayor Greiner read the City's Proclamation in full and
presented it to Harvey Smith, President.
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4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Swerdlin introduced the following persons in attendance: Bill Pichler,
Planning Commission; Marie Buckner, Joanne deGuevara and Jessica Dean, Housing
Advisory Committee; Don Tryon, Cultural Heritage Commission; Al Simmons, Tom Facon;
Phillip Schwartze; and, Millie Jones.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. PROPOSED EL TORO AIRPORT - GENERAL PLAN UPDATE (440.25
Pat Bauer, 9 Plaza Baja del Sol, stated concern that a position statement regarding airports
in general should be included in the City's Noise and Safety Elements, noting that if an
airport is not constructed at El Toro, proposals for an airport could be made for other,
currently unknown, locations. She referenced a letter printed in the June 15, 1999 edition
of The Orange County Register regarding the air and ground pollution created by the aircraft
during the El Toro Test Flights, in addition to the noise pollution.
2. EASEMENT ENCROACHMENT (450.40)
Mark Goldstein, 620 Newport Center Drive, Newport Beach, introduced Bill and Peggy
Lapworth, owners of property located at 32341 Del Obispo Street. He advised their property
was adjacent to an easement over which a neighbor had installed metal fencing. He
requested that the City require the removal of the encroachment. The Engineering and
Building Director advised he had just recently become aware of the problem; there were
some issues regarding whether or not the easement had actually been dedicated to the City;
and, he had forwarded the problem to Code Enforcement for investigation. The City
Manager advised that staff would also investigate all easements in the area for obstructions.
Mrs. Lapworth presented pictures showing the metal fencing on the trail easement.
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
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1. MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF MAY 18, 1999
The Minutes of the Regular Meeting of May 18, 1999, were approved as submitted.
RECEIVE AND FILE WARRANTS OF MAY 20, 1999 (300.30
The List of Demands dated May 20,1999, in the total amount of $1,010.718.00, was ordered
received and filed.
4. RECEIVE AND FILE INVESTMENTS AS OF MAY 31, 1999 (350.30)
The City Treasurer's Report of Investments as of May 31, 1999, was ordered received and
filed.
RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated June 15, 1999, from the Planning Director, advising that one new
application had been received since the last Report on May 18, 1999, was ordered received
and filed.
6. RENEWAL OF AGREEMENTS FOR AFTER-SCHOOL RECREATION AND
TEEN PROGRAMS (,BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC.)
500.3_0)
As set forth in the Report dated June 15, 1999, from the Community Services Director, the
After -School Recreation and Teen Program agreements with the Boys & Girls Club of
Capistrano Valley Inc., were approved extending the terms of the agreements for a one-year
period ending June 30, 2000.
7. RENEWAL OF AGREEMENT FOR AFTER-SCHOOL RECREATION
PROGRAM SERVICES CAMP FIRE BOYS & GIRLS, ORANGE COUNTY
COUNCIL 600.30
As set forth in the Report dated June 15, 1999, from the Community Services Director, the
After -School Recreation Program and Services Agreement with Camp Fire Boys & Girls,
Orange County Council, as amended December 1, 1998 to include a nominal fee of $1 per
day to each participant, was extended for a one-year period ending June 30, 2000,
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8. APPROVAL OF AGREEMENT WITH „TRAUMA INTERVENTION PROGRAM,
INC. (600.30)
As set forth in the Report dated June 15, 1999, from the Chief of Police Services, the
Agreement with Trauma Intervention Program, Inc., was approved for a one-year period
ending June 30, 2000 in the amount of $3,396.72.
9. APPROVAL OF AMENDMENT TO AGREEMENT FOR CROSSING GUARD
SERVICES ALL CITY MANAGEMENT SERVICES 600.30
As set forth in the Report dated June 15, 1999, from the Chief of Police Services, the
Amendment to the Agreement for the provision of crossing guard services was approved for
a one-year period ending June 30, 2000, in the amount of $25,834.
10. APPROVAL OF REQUEST FOR PROPOSAL FOR REUSE OF THE OLD FIRE
STATION RECREATION FACILITI_ES COMPLEX (260.1 [�Z
As set forth in the Report dated June 15, 1999, from the Community Services Director, the
Request for Proposal package for the reuse of the City's Old Fire Station Recreation
Complex was approved for distribution, and the Parks, Recreation and Equestrian
Commission was requested to establish a two -member committee to assist with review of
submitted proposals.
11. APPROVAL OF CONTRACT FOR CUSTODIAL MAINTENANCE SERVICES
FOR CITY BUILDINGS/FACILITIES AND PARK RESTROOMS (VOCATIONAL
VISIONS) (600.30
As set forth in the Report dated June 15, 1999, from the Public Works Director, the contract
with Vocational Visions to provide custodial services for City buildings, facilities and park
restrooms, was approved for a one-year period ending June 30, 2000, in the amount of
$60,166.
12. APPROVAL OF CONTRACT FOR SANITARY SEWER LINE MAINTENANCE
EMPIRE PIPE CLEANING & EQUIPMENT. INC. 600.30
As set forth in the Report dated June 15, 1999, from the Public Works Director, the contract
with Empire Pipe Cleaning and Equipment Inc., to provide annual maintenance and cleaning
of City sewer and drainage systems was approved for a two-year period ending June 30,
2001, in the amount of $152,000.
13. RECEIVE AND FILE CASH BALANCES BY FUND FOR APRIL 30, 1999
330.50
The City Treasurer's Report of Cash Fund Balances for the month of April 30, 1999, was
ordered received and filed.
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14. ADOPTION OF RESOLUTION DECLARING SURPLUS PROPERTY (,380.50)
As set forth in the Report dated June 15, 1999, from the Administrative Services Director,
the following Resolution was adopted declaring certain fleet vehicles as surplus property:
RESOLUTION NO. 99-6-15-1 DECLARATION OF SURPLUS
PROPERTY - FLEET VEHICLES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING CERTAIN FLEET INVENTORY AS SURPLUS PROPERTY
PUBLIC HEARINGS
1. REVIEW OF FISCAL YEAR 1999-2000 OPERATING BUDGET (30,.20
Proposal:
Hearing held to review and provide comments on the proposed Fiscal Year 1999-2000
Operating Budget.
Written Communication:
Report dated June 15, 1999, from the Administrative Services Director advising that the
proposed Fiscal Year 1998-99 General Fund Operating Budget projected a 6.12% increase
in revenue and an increase of approximately 3.88% in the City's overall operating budget,
which reflected projected General Fund revenues of $12,978,267. The Report highlighted
General Fund and other Operating Fund budget expenditures.
Ms. Pendleton, Administrative Services Director, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
there was no response.
Council Comments:
Council Member Swerdlin felt there was a need for additional public gardens and suggested
funding be allocated to a community garden in Los Rios. Discussion ensued regarding the
need to review a garden use in conjunction with the Los Rios Precise Plan update. Mr.
Ramsey indicated that the Planning Commission would be reviewing the Precise Plan in
July 13 and the suggestion would be addressed at that time.
Council Member Swerdlin requested that a token contribution be budgeted to the El Toro
Reuse Planning Authority. Discussion ensued and the City Manager recommended that the
budget be adopted with the understanding that staff would return to Council with an analysis
and recommendation for program reductions to fund a contribution to the El Toro Reuse
Planning Authority in the range of $15,000 to $25,000.
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_ Continuation of Public Hearing:
It was moved by Council Member Jones, seconded by Council Member Campbell and
unanimously carried to continue the public hearing to the meeting of July 6, 1999.
CONSIDERATION OF OFF -AGENDA ITEM -
ORTEGA HIGHWAY IMPROVEMENTS 520.20
Findina for Consideration of Off-Aizenda Item:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried to find that this item was not available prior to publication of the Council
agenda and consideration was necessary at this time.
Council Member Campbell indicated her concern that improvement work on Ortega Highway had
been stalled and suggested a letter be forwarded to San Diego Gas & Electric requesting their work
on the utility undergrounding be expedited. Mark Gaughan, Regional Public Affairs Manager for
San Diego Gas & Electric, advised that the job had been released to San Diego Gas & Electric on
June 9th and the underground work should be completed by June 24, with the poles removed by
July 2nd, subject to Cox Communication completing their portion of the required work.
Authorization to Send Letter:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried to forward a letter to San Diego Gas & Electric expressing the City Council's
concern that the Ortega Highway Improvement Project is at the point of undergrounding utilities and
there has been no apparent construction activity; that the project has severe impacts on the City's
traffic circulation; and, urging that the project be moved forward as quickly as possible.
2. REVIEW OF CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
1999-2005 (330.4
Proposal:
Hearing held to review and provide comments on the 1999-2005 Capital Improvement
Project Program.
Written Communications:
(1) - Report dated June 15, 1999, from the Engineering and Building Director, forwarding
a summary of the proposed Program.
(2) Letter dated May 3, 1999, from the San Juan Creek Horne Association, the Hunter's
Creek Home Association, the Rancho San Juan Creek Home Association, and
Blenheim Farms, requesting consideration be given to planting trees in the strip of
ground between the north edge of San Juan Creek Road and the bike trail beginning
at Paseo Christina and ending at the entrance to Blenheim Farms; and also requesting
continuation of the current tree planting in the San Juan Creek Road median.
The Engineering and Building Director made an oral presentation.
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Council Member Swerdlin questioned the timeframe for construction of the Vereda Bikeway
Crossing. Mr. Huber indicated that the budgeted $200,000 had been received from the
Orange County Transportation Authority and would be used to prepare concept designs and
to submit a grant application under the TEA 21 program this year. Staff was developing the
project report necessary for submittal to the Orange County Transportation Authority for
funding; at this time it was unknown when the project would start.
Council Member Swerdlin asked whether an additional layer depicting all existing easements
could be added to the City's GIS system. The Public Works Director advised it would be a
complicated and costly undertaking.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing.
There being no response, it was moved by Council Member Hart, seconded by Council
Member Campbell and unanimously carried to continue the Hearing to the meeting of July 6,
1999.
RECESS AND RECONVENE
Council recessed at 7:55 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and reconvened at 8:25 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
INTRODUCTION OF COMMUNITY ORGANIZATION GRANT FUNDING
REQUESTS FOR FISCAL YEAR 1999-2000 AND SELECTION OF COUNCIL
SUBCOMMITTEE FOR COMMUNITY GRANT FUNDS (330.20)
Written Communications:
Report dated June 15, 1999, from the Assistant City Manager, advising that 15 community
organizations had submitted requests totaling $115,252 for funding in Fiscal Year 1999-
2000. The Report described the funding requests and advised that the proposed budget
reflected a total allocation of $47,000.
The Assistant City Manager made an oral presentation.
Public Input:
The following persons spoke in support of funding for their organization:
(1) Melba Jones, 25661 Cervantes Lane, Mission Viejo, Once Upon A Story
(2) Sharon Holdt, 30792 Hunt Club Drive, South Orange County Community Services
Council
(3) Ann Ludwig, 31911 Paseo Terraza, AFS International Programs
(4) Deborah Drew, Camino Health Center
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(5) Linda Hunter, 980 Catalina, Laguna Beach, CSP Youth Shelter
(6) Shirley Brackett, 32242 Pasco Adelanto #B, Capistrano Beach YMCA
Selection of Subcommittee:
It was moved by Council Member Jones, seconded by Council Member Hart and
unanimously carried that Council Members Campbell and Swerdlin be selected to work with
staff on recommendations for funding.
PLANNING DIRECTOR
DENIAL OF APPEAL OF PLANNING DIRECTOR'S DETERMINATION OF AN
APPLICATION BEING INCOMPLETE FOR CHEVRON STATION LOCATED
AT 32001 CAM1NO CAPISTRANO - ARCHITECTURAL CONTROL 98-1.
CONDITIONAL USE PERMIT 98-1 AND ZONE VARIANCE 98-1(CHEVRON
PRODUCTS COMPANY) (460.70/410.60/460.20)
Written Communications:
Report dated June 15, 1999, from the Planning Director, advising that the subject application
involved the complete demolition of an existing service station and rebuilding of a new
combination service station and convenience store. Following review of the application it
had been determined that a geotechnical report, details on the trash enclosure and submission
of a Historic Depiction Program were needed to make the application complete. The Report
advised that not all the requested items had not been received. The Report further advised
that the existing use was a legal non -conforming use per Section 9-3.624 of the Municipal
Code which prohibited service stations in the Design Standards District. In order for a
development application to be considered, application should be made under Section 9-1.306
which allows the Planning Commission to consider the change of a non -conforming use to
another non -conforming use if the Commission finds that the use is equally or more
appropriate to the District than the current non -conforming use.
The Senior Planner made an oral presentation, noting the City's actions with regard to the
application and generally describing the development application submittal process. He
noted that processing of the application had been suspended; if the appeal was approved
processing would continue; if the appeal was denied processing would only continue upon
receipt of the requested material. He noted that the appellant and staff concurred that the
current use of the property was a legal non -conforming use and the proposed project would
also constitute a non -conforming use.
Public Comments:
(1) Mark Watkins of Sheppard, Mullin, Richter and Hampton, 650 Town Center Drive,
4th Floor, Costa Mesa 92626, spoke on behalf of Chevron. He reiterated their
position that pursuant to the Permit Streamlining Act, the City had failed to provide
proper notification that the application was not complete. Therefore, the application
should be deemed complete.
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City Attorney Response:
The City Attorney stated that his office had reviewed the entire matter and did not concur
with Mr. Watkins' legal analysis. He added that the underlying Overlay District zoning
prohibited the proposed service station use, which had been pointed out to Chevron in early
1999. Municipal Code Section 9-1.306 addresses non -conforming uses and would be the
only avenue available to Chevron to proceed with the proposal.
Confirmation of Planning Director's Determination/Resolution of Findinas:
It was moved by Council Member Campbell, seconded by Council Member Hart and
unanimously carried to confirm the Planning Director's determination that the development
applications are incomplete; that the use is a non -conforming use and in order to consider a
proposed development application, the appellant should make application to the Planning
Commission in accordance with Section 9-1.306 of the Municipal Code. The City Attorney
was directed to prepare a Resolution of Findings for future Council consideration.
PUBLIC WORKS DIRECTOR
APPROVAL OF LEASE AGREEMENT - CONGDON HOUSE/KINOSHITA
FARMS(SOUTH COAST FARMS) (600.20)
Written Communications:
(1) Report dated June 15, 1999, from the Public Works Director, forwarding a proposed
Lease Agreement with South Coast Farms to maintain a fully -functioning farm and
fruit and vegetable stand on the 28.225 -acre Kinoshita Farm property and to restore
the Joel Congdon House and farm structures for use as a residence and agricultural
museum/interpretive center. The Lease would be effective for a period of 10 years
with an annual lease rate of $50,000 for the first five years. At the end of the fifth
year the lease rate will be renegotiated. The Lease sets forth a period of not longer
than five years for restoration of the Congdon House; upon completion a new lease
for the Congdon House will be offered to Lessee.
(2) Lease Agreement revised to contain a new Section 11 providing for rodent, weed and
pest control and professional input for the nearby Community Gardens.
Approval of Lease Agreement:
It was moved by Council Member Campbell, seconded by Council Member Jones and
unanimously carried to approve the Lease Agreement with South Coast Farms for the
Congdon House/Kinoshita Farm property.
ORDINANCES
None
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COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill Eastern and San Joaquin Hills Transportation Corridors (800.50)
Council Member Campbell noted her ongoing concern that the southern leg of the
Corridor needs to be completed and extended to the I-5 freeway as planned, and not
end at Ortega Highway.
b. Southeast Regional Reclamation Authority (1040.60)
Council Member Jones noted that the Project Committee No. 2 and finance meeting
information would be in Council slots.
C. San Juan Basis Authority (1050.60
Council Member Jones noted discussion had been held regarding the Water Rights
Application. He advised the Application was still pending; the amount of capacity
requested by the Authority had been reduced, which would be appealed.
d. League of California Cities (140.20)
Mayor Greiner noted a resolution had been adopted, as introduced by San Juan
Capistrano, to designate the Mission as a Natural Historic Landmark and to endorse
use of Federal Emergency Management Agency funds for historic preservation.
e. Librga AdvisoEy Board 950.20
Mayor Greiner noted discussion had been held regarding the budget. He advised the
continued designation of the San Juan Capistrano Library as "regional" library was
an emerging issue.
f. Orange County Vector Control District56050)
Council Member Swerdlin advised that the vector of the month was the mosquito
carrying the St. Louis encephalitis and Western Equine encephalitis viruses.
COUNCIL COMMENTS
1. RED IMPORTED FIRE ANTS 560.50
Council Member Jones stated he thought that he had seen the Fire Ants at his Mini -Farm.
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2. MILLENNIUM CELEBRATION (350.60)
Council Member Campbell expressed appreciation to Staff for their work on the upcoming
event.
3. DEDICATION OF MEETING (610.25)
It was moved by Council Member Hart, seconded by Council Member Campbell and
unanimously carried to dedicate the meeting to the memory of Deputy Brad Riches, who was
killed June 11, 1999, in front of a 7 -Eleven Store in Lake Forest. Staff was directed to notify
the family of the Council's action.
4. ANIMAL CONTROL (500.40)
Council Member Swerdlin noted that Dr. Cortese had volunteered to neuter cats captured at
San Juan Elementary School and would accept donations; and asked that Capistrano Valley
News relay the information.
SAN JUAN SUMMER NITES (150.60)
Council Member Jones noted the first event was scheduled for Wednesday evening, June 16,
1999.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:05 p.m. to the
next meeting date of Tuesday, June 22, 1999, at 5:00 p.m. in the City Council Chambers for a joint
meeting with the Planning Commission to conduct a workshop on the Olson project.
Respectfully submitted,
- CHERYL JO N ' TY CLERK
ATTEST:
JOHN INER, MAYOR
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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 June 15, 1999, adjourned said meeting to Tuesday,
June 22, 1999, at 5:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan
Capistrano.
DATED: June 16, 1999
Cheryl Job n, CUy Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
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
June 16, 1999.
1 declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johnso, CYy Clerk
San Juan Capistrano, California