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.
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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.
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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.
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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.
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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:
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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:
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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.
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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
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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 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