99-1102_CC_Minutes_Regular Meeting313
NOVEMBER 2, 1999
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(b), the City Council will conferwith its Legal
Counsel regarding one matter.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called
to order by Mayor Greiner at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford, Coast Bible 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 PRESENTS 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; Thomas Tomlinson,
Planning Director; Al King, Community Services Director; Amy Amirani, Public Works Director; Lt.
Rick Stahr, Orange County Sheriffs Department; and Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL
Mayor Greiner announced there was no action to report from the Closed Session.
INTRODUCTION PRESENTATIONS AND DONATIONS
RECOGNITION OF LONG-TERM EMPLOYEES (730.90)
Written Communications:
Report dated November 2, 1999, from the Personnel Manager, advising that John
Reynolds, Construction Inspector, and Manuel Villalpando, Water Technician III, had
reached 20 years of service; and Irene Marcote, Engineering Technician, had reached 10
years of service.
Mayor Greiner noted that none of the employees had been able to attend the meeting to
receive the recognitions.
City Council Minutes -1- 1112199
314
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Campbell introduced the following persons in attendance: Bill Hardy,
Cultural Heritage Commission; Sheldon Cohen, Planning Commission; Al and June
Simmons; and Pauline Leonard.
ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY) - None
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
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES
The Minutes of the Regular Meeting of October 5, 1999, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF OCTOBER 7, 1999 (300.30)
The List of Demands dated October 7, 1999, in the total amount of $1,072,766.08, was
ordered received and filed.
4. RECEIVE AND FILE INVESTMENTS FOR QUARTER ENDING SEPTEMBER 30,
1999 (350.30)
The City Treasurer's Report of Investments for the quarter ending September 30, 1999,
was ordered received and filed.
5. APPROVAL OF MODIFICATIONS TO INSURANCE REQUIREMENTS -
CONCRETE REPAIRS CONTRACT (GREEK'S CONCRETE) (600.301
As set forth in the Report dated November 2, 1999, from the Public Works Director, the
modifications to the insurance requirements for FY 1999/2000 Concrete Repairs Contract
with Greek's Concrete, Inc., were approved.
City Council Minutes -2-
1112199
315
6. ADOPTION OF RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF
BONDS FOR TRACT 13437 (TAYLOR WOODROW HOMES) (600.30)
As set forth in the Report dated November 2, 1999, from the Engineering and Building
Director, the following Resolution was adopted accepting public storm drain, sewer, street
improvement and street monumentation work:
RESOLUTION NO. 99-11-2-1 COMPLETION OF IMPROVEMENTS
RELEASE OF CORRESPONDING BONDS TRACT 13437, TAYLOR
WOODROW HOMES, INC. -A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR
THE CONSTRUCTION OF WORKS OF IMPROVEMENT WITHIN TRACT
13437 (TAYLOR WOODROW HOMES, INC.)
The City Clerk was directed to forward a Notice of Completion to the County Recorder.
Staff was authorized to release the following sureties 35 days after recordation of the Notice
of Completion:
Surety Coverage Amount to be
American Insurance Co. Type of Improvement Released
Bond #11133221744
Bond #11133227151
Bond #11141572633
Bond #11133221777
Bond #11133221769
PUBLIC HEARINGS
Via Entrada Street
$150,000.00
Private Streets
$892,440.00
Monumentation
$9,250.00
Storm Drain
$689,546.00
Sewer
$238,778.00
APPROVAL OF A DEVELOPMENT AGREEMENT PROVIDING THAT FUTURE
DEVELOPMENTAPPLICATIONS FOR PROPERTY LOCATED ON Mc CRACKEN
HILL WILL BE SUBJECTTO THE EXISTING REGULATIONS THAT PERTAIN TO
THE PROPERTY NEELY 600.30
Council Member Campbell abstained from the following item due to proximity of former her
residence.
Proposal:
Consideration of a Development Agreement providing that future development applications
for an approximately 20 -acre parcel located on McCracken Hili would be subject to the
existing regulations that pertain to the property.
Applicant:
City of San Juan Capistrano
City Council Minutes -3- 1112199
316
E
Property Owner:
Mr. and Mrs. Jerry Neely, Trustees, Neely Family Trust, P.O. Box 507, San Juan
Capistrano, CA 92693
Written Communications:
Report dated November 2, 1999, from the Planning Director, advising that the property
owner requested that the City enter into a Development Agreement which would vest
development rights to develop the property under the current zoning regulations for a 20 -
year period. In return, the property owner would waive any potential legal claims against
the City for soil slide damages in the area on the property known as the "Avocado Slide."
The property owner would also grant rights of way and rights of entry for roadway, utility
and other infrastructure improvements.
Thomas Tomlinson, Planning Director, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the public hearing, and
there being no response, closed the hearing with the right to re -open at any time.
Approval of Development Agreement:
The City Clerk read the title of the Ordinance next in order. Further reading of all
Ordinances had been waived earlier in the meeting. It was moved by Council Member Hart
and seconded by Council Member Swerdlin that the following Ordinance be introduced:
APPROVING DEVELOPMENT AGREEMENT (NEELY FAMILYTRUST)AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A DEVELOPMENTAGREEMENT BETWEEN THE CITY AND
THE NEELY FAMILY TRUST FOR A PARCEL OF REAL PROPERTY
LOCATED ON "McCRACKEN HILL" AND MORE PARTICULARLY
REFERRED TO AS ASSESSOR'S PARCEL NUMBERS 675-331-18,19
AND 20 AND 675-341-6 AND 7
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart and Mayor Greiner
NOES: None
ABSENT: None
ABSTAIN: Council Member Campbell
APPROVAL OF USAGE OF THE U.S. DEPARTMENT OF JUSTICE LOCAL LAW
ENFORCEMENT BLOCK GRANT FUNDS - FISCAL YEAR 1999-2000 (580.10)
Proposal:
Consideration of recommendations from the Chief of Police Services on the intended use
of Local Law Enforcement Block Grant Funds.
City Council Minutes
-4- 1112199
317
Applicant:
City of San Juan Capistrano
Written Communications:
Report dated November 2, 1999, from the Chief of Police Services, recommending a
continuation of the contribution of available funds for specific areas consisting of the Drug
Use Life Abuse Program, South County Drug Court, purchase of equipment and support
for Crime Prevention programs and Special Enforcement Program overtime costs. The
Report requested a budget adjustment for the City's matching funds of $4,192.
Lt. Rick Stahr, Chief of Police Services, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the public Bearing, and
there being no response, closed the hearing with the right to re -open at any time.
Approval of Recommendations:
It was moved by Council Member Campbell and seconded by Council Member Swerdlin
that the $37,732 from the Local Law Enforcement Block Grant Funds be used for
contributions to the Drug Use Life Abuse Program, South Orange County Drug Court,
purchase of equipment and support for Crime Prevention programs, and to offset the
overtime costs of the Special Enforcement Program. A budget adjustment of $4,192 was
authorized.
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:12 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 7:14 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF PROPOSED AMENDMENTS TO THE AGREEMENT CREATING
THE ORANGE COUNTY FIRE AUTHORITY (EQUITY ISSUES) (600.5
Written Communications:
Report dated November 2, 1999, from the City Manager, advising that upon its formation,
the Orange County Fire Authority had committed to review the issue of "equity" because
several cities within the Authority believed they were contributing revenue far in excess of
the actual cost of servicing their community, in effect, subsidizing other Authority member
cities that contributed less. An Equity Study had been initiated in the summer of 1997 and
concluded that equity did not exist between the various cities within the Authority. After
City Council Minutes -5- 11/2/99
318
extensive participation, Mayor Greiner and the City Manager had reached the conclusion
that equity did exist in the Authority because anywhere within the Service Area of the
Structural Fire Fund, property tax payers pay the same amount of taxes for fire services
and receive the same level of service as any other property tax payer with the same
property value. They had determined, however, that there was an equity issue within the
category of cash contract cities. The Report discussed the Structural Fire Fund and Cash
Contract City categories; the need for long-term organizational stability of the Fire Authority;
and, the amendments approved by the Fire Authority Board of Directors. The Report
recommended approval of the amended Joint Powers Agreement.
George Scarborough, City Manager, made an oral presentation.
Aggroval of Proposed Amendments:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin and
unanimously carried that the proposed amendments to the Joint Powers Agreement
Creating the Orange County Fire Authority be approved.
ENGINEERING AND BUILDING DIRECTOR
ADOPTION OF RESOLUTION AMENDING THE 1999-2006 CAPITAL
IMPROVEMENT PROGRAM (CIP) FUNDING PRIORITIES FOR PARKS
RECREATION AND OPEN SPACE PROJECTS - FISCAL YEAR 1999-2000
330.4D -
Written Communications:
Report dated November 2, 1999 from the Engineering and Building Director, advising that
Staff had been directed to review the limited FY 1999-2000 Park and Recreation Project
Funds in view of the numerous requests for funding of a variety of projects, including parks,
equestrian facilities and preservation of historic structures. The Report outlined the five
alternative funding strategies; the Cultural Heritage Commission and the Parks, Recreation
and Equestrian Commission's concerns and recommendations. Staff supported Alternative
5, as recommended by the Parks, Recreation and Equestrian Commission, noting that the
Commission had also recommended development of a strategy for the long-term viability
of historic structures, including a focus on development of alternative sources of
preservation funding.
William Huber, Engineering and Building Director, made an oral presentation, reiterating
the Commissions' concerns and advising that the integrity of the Parra Adobe had been
reviewed by the Building Official, who had felt that restoration could be deferred for a year.
He further advised that the Parks, Recreation and Equestrian Commission recommendation
for development of the strategy for dealing with historic preservation should be included in
the staff recommendation.
Council Comments:
Council Member Jones questioned the benefits of certain historic structures to the
community, particularly the Parra Adobe and the Harrison House, and whether they were
visited or used for purposes other than occasional meetings. The City Manager advised
that one of the purposes of the recommended strategy was to evaluate the historic
properties, their historic content, and what value they have to the community. He indicated
that staff would provide information regarding the use of the Parra Adobe/Harrison House.
City Council Minutes -6- 1112199
319
Adoption of Resolution:
It was moved by Council Member Campbell and seconded by Council Member Swerdlin
that the following Resolution be adopted:
RESOLUTION NO. 99-11-2-2 AMENDING RESOLUTION NO. 99-7-6-6
ADOPTING THE 1999-2006 CAPITAL IMPROVEMENT PROGRAM, AND
DEFINING PARKS, RECREATION AND OPEN SPACE PROJECTS FOR
FISCAL YEAR 1999 THROUGH 2000 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 99-7-6-6, TO ESTABLISH PARKS AND
RECREATION FUNDING PRIORITIES FOR THE FISCAL YEAR 1999
THROUGH 2000 CAPITAL IMPROVEMENT PROGRAM
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
Staff was directed to develop an implementation strategy for long-term viability of historic
structures, including alternative sources of funding for future Council review; and, to provide
information regarding the value of the Parra Adobe/Harrison House to the community.
COMMUNITY SERVICES DIRECTOR
CONCURRENCE REGARDING ADMINISTRATIVE POLICYAND PROCEDURES
FOR THE CITY GYMNASIUM (100.20)
Written Communications:
Report dated November 2, 1999, from the Community Services Director, advising that Staff
had developed an administrative policy that would govern uses and reservation procedures
for the new City gymnasium. Items incorporated into the policy included priority of group
use, annual and non -annual approval procedures for establishing the gymnasium calendar,
fee reduction requests, hours of operation, deposits, cancellations, fee schedule and
general rules and regulations.
Karen Crocker, Community Services Manager, made an oral presentation advising that the
annual calendar permit process would establish criteria for eligible groups and procedures
for processing requests for use of the Gym. Recommendations associated with the annual
calendar would be reviewed by the Parks, Recreation and Equestrian Commission with final
approval by the City Council. Staff felt the recommended policy would emphasize the
importance of priority use being given to local organizations and residents, and to recovery
of costs for operation of the facility.
Council Comments:
Council Member Campbell emphasized the need for the annual calendar to be a working
document so that fees could be adjusted if necessary to assure the facility was properly
taken care of and did not become a burden to the residents. She further urged caution in
approving fee reductions, noting that the facility must be paid for.
City Council Minutes -7- 11/2/99
320
Mayor Greiner initiated discussion regarding the $10 processing fee for cancellations. Mrs.
Crocker advised that this was a current Community Services Department fee for other
facilities and it was consistent with their other practices; however, it did not provide for an
adequate cost recovery. Mayor Greiner recommended that the recovery of costs be
evaluated and the $10 fee be replaced with an adequate cost recovery fee. Council
Member Swerdlin stated that a cancellation was a lost opportunity for use of the space and
recommended a $50 cancellation fee. Discussion ensued and Mr. Scarborough suggested
that the fee be raised to $25 while staff reviewed the cancellation and refund policies and
returned with a status report within six months.
Concurrence with Proposed Administrative Policy/Adoption of Fee Schedule:
It was moved by Council Member Hart and seconded by Council Member Campbell to
concur with the proposed Administrative Policy regarding Gymnasium Use Priorities,
Regulations, Annual Calendar and Fee Schedule, with an increase in the cancellation fee
to $25, and to adopt following Resolution:
RESOLUTION NO. 99-11-2-3, ESTABLISHING RENTAL FEES. FOR CITY
GYMNASIUM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NEW
RENTAL FEES FOR CITY GYMNASIUM AND TO ADD NEW RENTAL
FEES FOR GYMNASIUM FACILITY AMENDING RESOLUTION NO. 98-9-
15-3
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
Staff was directed to review the cancellation and refund fee policies for Council review
within six months.
2. CONCURRENCE OF REVISIONS TO ADMINISTRATIVE POLICY 606 (PUBLIC
REQUESTS FOR FEE REDUCTION OR WAIVERS FOR RENTAL OF CITY
FACILITIES) (100.20)
Written Communications:
Report dated November 2, 1999, from the Community Services Director, advising that
Administrative Policy 606 governed public requests forfee reductions or waivers for rentals
of City facilities, including parks and buildings. Revisions to the policy were included to
incorporate fee reductions or waiver requests for the new City Gymnasium.
Karen Crocker, Community Services Manager, made an oral presentation, noting that the
revisions would identify groups eligible for fee reductions at the administrative level and
groups that would need City Council approval for fee reductions or waivers. She stated that
the important message of the policy was that the City incurred substantial costs in
maintaining and operating City facilities, and through rental fees those operating costs were
recovered.
City Council Minutes -8- 1112199
321
Council Comments:
Council Member Swerdlin requested that a report be generated on a yearly basis which
detailed the groups that had been granted fee waivers for use of the community center
complex. Mrs. Crocker noted that an annual calendar of requests and users of the Gym
would be provided to Council. Council Member Campbell expressed concern that groups
should not be using the facility without paying their way. Mrs. Crocker stated that this policy
was in place to establish criteria and guidelines for evaluation and recommendation on fee
waiver requests.
Concurrence with Proposed Revisions:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried to concur with the proposed revisions to Administrative Policy 606.
Staff was directed to provide a yearly report regarding the groups who had received fee
waivers.
ORDINANCES
None
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
None
COUNCIL COMMENTS
None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:47 p.m. to the
next regular meeting date of Tuesday, November 16, 1999, at 5:30 p.m. in the City Council
Chamber.
Respectfully submitted,
rA5 ..��%
tole i, CITY CLERK
City Council Minutes -9- 1112199