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99-1207_CC_Minutes_Regular Meeting335 DECEMBER 7, 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: 1. Pursuant to Government Code Section 54956.9(b), the City Council will confer with its Legal Counsel regarding the status of Lippert v. City of San Juan Capistrano, at al. 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 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Monsignor Paul Martin, Mission San Juan Capistrano. 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; 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. Introductions and Presentations were conducted out of order from the Agenda. INTRODUCTION PRESENTATIONS AND DONATIONS RECOGNITION OF LONG-TERM EMPLOYEES 730.90 Written Communications: Report dated December 7, 1999, from the Personnel Manager, advising that Silvia Cintron, Administrative Secretary, had reached 10 years of service. City Council Minutes -1- 12!7199 336 Ms. Cintron was present to receive a Certificate recognizing her years of service to the City. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING -010-10) Council Member Swerdlin introduced the following persons in attendance: Bill Hardy and Don Tryon, Cultural Heritage Commission; Ilse Byrnes, Parks, Recreation and Equestrian Commission; Al and June Simmons; former Mayors Larry Buchheim and Ken Friess; and Jerry Miller, Mission San Juan Capistrano. JOINT CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND CAPISTRANO VALLEY WATER DISTRICT REORGANIZATION SELECTION OF MAYOR AND MAYOR PRO TEMPORE 610.85 Written Communications: Report dated December 7, 1999, from the City Clerk. Mayor Greiner thanked his colleagues on the Council and his family for their encouragement and support. Selection of Mayor (Campbell): Mayor Greinerturned the meeting over to the City Clerk who then asked for nominations for the office of Mayor. It was moved by Council Member Hart and seconded by Council Member Jones that Collene Campbell be nominated for the office of Mayor. There being no further nominations, it was moved by Council Member Hart, seconded by Council Member Jones and unanimously carried to select Collene Campbell as Mayor for the one-year term ending December 7, 2000. Selection of Mayor pro tem (Hart): Mayor Campbell opened nominations for the office of Mayor pro tem. It was moved by Council Member Jones and seconded by Council Member Swerdlin that Wyatt Hart be nominated for the office of Mayor pro tem. There being no further nominations, it was moved by Council Member Jones, seconded by Council Member Swerdlin and unanimously carried to select Wyatt Hart as Mayor pro tem for the one-yearterm ending December 7, 2000. _ Presentation of Gavel Plague: Mayor Campbell presented former Mayor Greiner with a gavel plaque and a key to the City. Mrs. Greiner was present to receive roses from Mayor Campbell. 2. ADOPTION OF RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF CITY FUNDS (320.10) Written Communications: Report dated December 7, 1999, from the City Clerk, forwarding the Resolution which authorized the signatures of the newly -elected Mayor, Mayor pro tem, Treasurer, Deputy Treasurer and City Clerk on the City bank accounts. City Council Minutes -2- 1217199 337 Adoption of Resolution: it was moved by Council Member Swerdlin and seconded by Council Member Greiner that the following Resolution be adopted: RESOLUTION NO. 99-12-7-1, 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 INVESTOR REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 98-12-1-1 The motion carried by the following vote: AYES: Council Members Jones, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None 3. SELECTION OF REDEVELOPMENT AGENCY CHAIRMAN AND VICE CHAIRMAN 400.10 Written Communications: Report dated December 7, 1999, from the Agency Secretary. Selection of Chairman (Swerdlin-1: The Agency Secretary opened nominations for Chairman of the Community Redevelopment Agency. Director Hart nominated Director Swerdlin for Chairman. There being no further nominations, it was moved by Director Hart, seconded by Director Jones and unanimously carried that David Swerdlin be selected as Chairman for a one-year term ending December 7, 2000. Selection of Vice Chairman (Greiner): Chairman Swerdlin opened nominations for Vice Chairman of the Community Redevelopment Agency. Director Jones nominated Director Greiner for Vice Chairman. There being no further nominations, it was moved by Director Jones, seconded by Director Campbell and unanimously carried that John Greiner be selected as Vice Chairman for a one-year term ending December 7, 2000. 4. ADOPTION OF RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF AGENCY FUNDS (320.10) Written Communications. Report dated December 7, 1999, from the Agency Secretary, forwarding the Resolution authorizing 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- 1217199 338 Adoption of Resolution: It was moved by Director Greiner and seconded by Director Jones that the following Resolution be adopted: RESOLUTION NO. CRA 99-12-7-1, 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, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. CRA 98-12-1-1 The motion carried by the following vote: AYES: Directors Jones, Greiner, Hart, Campbell and Chairman Swerdlin NOES: None ABSENT: None Selection of the Capistrano Valley Water District Chairman and Vice Chairman, scheduled jointly with the City Council and Community Redevelopment Agency, was conducted during the Water District meeting. ORAL COMMUNICATIONS (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY) Presentation of Millennium Calendar(610.40 Ilse Byrnes and Diane Walling, members of the Foundation for the Preservation of Caspers Park, presented Millennium calendars to the City Council, noting that the calendars had been prepared as a fund raiser for the Park. CONSENT CALENDAR It was moved by Council Member Hart, 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, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. City Council Minutes -4- 1217199 339 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of November 2, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF NOVEMBER 4,1999 (300-30) The List of Demands dated November 4, 1999, in the total amount of $678,280.48, was ordered received and filed. 4. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES- CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL 600.30 As set forth in the Report dated December 7, 1999, from the Engineering and Building Director, the Agreement with Capistrano Valley Baptist Christian School, providing for the installation of facilities as part of the school's expansion project, was approved for signature. The Mayor and City Clerk were authorized to execute the Agreement. 5. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES - DIOCESE OF ORANGE (600.30) As set forth in the Report dated December 7, 1999, from the Engineering and Building Director, the Agreement with the Diocese of Orange, providing for construction of water facilities as part of the Center's expansion, was approved for signature. The Mayor and City Clerk were authorized to execute the Agreement. 6. ADOPTION OF RESOLUTION SETTING A DATE AND TIME FOR A PUBLIC HEARING REGARDING VACATION OF AN EASEMENT FOR SLOPE AND DRAINAGE PURPOSES 28992 VIA ESCOLAR WAYNE HELD/MISSION TIRE/SJHTC 670.50 As set forth in the Report dated December 7, 1999, from the Engineering and Building Director, the following Resolution was adopted setting a public hearing for January 4, 2000, to consider vacating an easement for slope and drainage purposes within property at the southeast corner of Via Escolar and Rancho Viejo Road, which had been granted to the Transportation Corridor Agency during construction of the San Joaquin Hills Transportation Corridor and realignment of Rancho Viejo Road and subsequently transferred to the City upon completion of the Corridor: RESOLUTION NO. 99-12-7-2, INITIATING VACATION PROCEEDINGS - 28992 VIA ESCOLAR WAYNE HELD/MISSION TIRE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE AN EASEMENT FOR DRAINAGE AND SLOPE PURPOSES WITHIN ASSESSOR'S PARCEL NO. 650-001-30 LOCATED AT 28992 VIA ESCOLAR (WAYNE HELD/MISSION TIRE) The following item listed on the Consent Calendar was removed from consideration at the request of -*aff: City Council Minutes -5- 1217199 340 CONSIDERATION OF AWARD OF CONTRACT - DOWNTOWN LIGHTING PROGRAM PHASE II (CIP NO. 118) (BUILDING ENERGY CONSULTANTS) (600.30) Written Communications: 1. Report dated December 7, 1999, from the Engineering and Building Director, recommending Award of Contract to Building Energy Consultants. 2. Memorandum dated December 3, 1999, from the Engineering and Building Director recommending that consideration of the Award of Contract to Building Energy Consultants be withdrawn. PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 7:38 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:41 p.m. CONSIDERATION OF OFF -AGENDA ITEM - ORTEGA HIGHWAY IMPROVEMENTS (800.20) Finding for Consideration of Off -Agenda Item: It was moved by Mayor Campbell, seconded by Council Member Hart 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. Mayor Campbell expressed her concern that improvement work on Ortega Highway would not be completed by December 20, 1999 noting that Caltrans had indicated that if the project was not completed by December 20, 1999, work would cease until after the first of the year. Authorization to Send Letter: It was moved by Council Member Swerdlin, seconded by Council Member Hart and unanimously carried to forward a letter to Caltrans urging that all steps be taken to assure that the Ortega Highway improvement project be completed by December 20, 1999. ORDINANCES APPROVAL OF REZONE 99-3 VILLAGE ALIPAZ, LLC) (ADOPTION) (460.20) Written Communications: Report dated December 7, 1999, from the City Clerk advising that the Ordinance was introduced at the meeting of November 16, 1999 and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Hart and seconded by Council Member Swerdlin that the following Ordinance be adopted: City Council Minutes -6- 1217/99 341 ORDINANCE NO. 843, APPROVING REZONE 99-03 (VILLAGEALIPAZ LLCj - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 99-03, ADOPTING SPECIFIC DEVELOPMENT PLAN 99-01 FOR A 153 -UNIT RESIDENTIAL DEVELOPMENT TO BE LOCATED ON ALIPAZ STREET The motion carried by the following vote: AYES: Council Members Jones, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill Eastern Corridor (800.501 Mayor Campbell emphasized that the Corridor must be completed in order to avoid its terminus at Ortega Highway and resultant traffic impacts to San Juan Capistrano. b. San Juan Basin Authority (1050.60) Council Member Jones noted that the results of the upcoming meeting would be made available in Council slots, noting also that the agreement with the State regarding water rights was eminent. COUNCIL COMMENTS a. Congratulations to New Mayor (610.25) The Council Members expressed their congratulations to Collene.Campbell upon being selected as Mayor. b. Dedication of Meeting 610.40 Mayor Campbell dedicated the meeting to the memory of her brother and sister- in-law, Mickey and Trudy Thompson. City Council Minutes -7- 12r7/99 342 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:48 p.m. to the next special meeting date of Tuesday, December 14, 1999, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JOHN N, tITY CLERK ATTEST: C LENS PBELL, AYOR City Council Minutes -8- 1217199 343 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 7, 1999, adjourned said meeting to Tuesday, December 14, 1999, at 7:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: December 8, 1999 Cfieryl Johns6A, C Clerk 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 8, 1999. I declare under penalty of perjury that the foregoing is true and correct. Cheryl Johns6d, d4 Clerk San Juan Capistrano, California