97-0107_CC_Minutes_Regular Meeting001
JANUARY 7, 1997
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Swerdlin at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Darrell Ward of the South Coast Christian
Assembly.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Jennifer Murray, Assistant City Manager, Cheryl Johnson, City Clerk; Cynthia L. Pendleton,
Administrative Services Director; William M. Huber, Engineering and Building Director; William
Ramsey, AICP, Senior Planner; Joe Arraoaga, Public Lands and Facilities Director; AI King, Jr.,
Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording
Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously
carried that all Ordinances be read by title only.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Jones introduced the following Commission representatives in attendance'.
Bill Sonka (Planning Commission), Pauline Leonard (Parks, Recreation, and Equestrian
Commission), Bill Hardy and Don Tryon (Cultural Heritage Commission), Tom Facon and
Brian Baldridge (Chamber of Commerce), JoAnn deGuevara (Housing Advisory Committee),
and former Mayor Phillip Schwartze.
2. ACKNOWLEDGEMENT OF DONATIONS (150.10),
Mayor Swerdlin expressed appreciation for the following donations made to the City: a cash
donation from Mr. and Mrs. Michael Bua for the 1997 Fourth of July celebration, and a cash
donation from Kathy Monks -Hawley of Carlsbad for the Scholarship program.
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ORAL COMMUNICATIONS
(CITY OUNCIL/COMMUNITY REDEVELOPMENT AGENCY1
None.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Hart, 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 Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
RECEIVE AND FILE WARRANTS OF DECEMBER 18 1996 (300.30)
The List of Demands dated December 18, 1996, in the total amount of $382,388.38 was
received and filed.
2. AWARD OF CONTRACT - CITY STREET SWEEPING (SUNSET PROPERTY
SERVICES) (600.301
As set forth in the Report dated January 7, 1997, from the Director of Public Lands and
Facilities, the contract for City street sweeping services was awarded to the lowest
responsible bidder, Sunset Property Services, in the amount of $123,662.64 for a two-year
period ending January 31, 1999. The amount is based on the same schedule and frequency
of sweeping services previously performed by the City. All other bids were rejected. The
Mayor and City Clerk were authorized to execute the contract on behalf of the City.
AWARD OF CONTRACT ADMINISTRATION OF HOUSING COMMUNITY
DEVELOPMENT BLOCK GRANT (HCDBG)/HOME GRANTS (AFFORDABLE
HOUSING PROFESSIONALS) (600,30)
As set forth in the Report dated January 7, 1997, from the Planning Director, the contract for
professional consulting services to administer the City's HCDBG/I IOME grant contracts was
awarded to Affordable Housing Professionals in the amount of $19,224 for a six-month
period ending June 30, 1997. The contract amount was determined based on $4,224 for the
unpaid balance of work for Year 21 and $15,000 for Year 22 administration. The contract
was exempted from the formal bidding process based on the fact that formal bidding would
not provide the most economically or functionally feasible result. The Mayor was authorized
to execute the contract on behalf of the City.
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4, APPROVAL OF CONSULTANT SERVICE CONTRACTS - LONG-TERM PLAN
CHECK AND DESIGN SERVICES TEAM (600.30)
As set forth in the Report dated January 7, 1997, from the Engineering and Building Director,
the consulting Agreements with 34 individual firms were approved to provide long-term plan
check and design services for the City for three years with two one-year extensions ending
December 31, 2001, in an amount not to exceed $25,000 annually for all services rendered.
RESOLUTION AUTHORIZING THE INSTALLATION OF "NO U-TURN"
SIGNS - NORTHBOUND ON PASEO TERRAZA NORTH OF DEL OBISPO
STREET NEAR CAPISTRANO VALLEY CHRISTIAN SCHOOL (590.50)
As set forth in the Report dated January 7, 1997, from the Engineering and Building Director,
the following Resolution was adopted approving "No U -Turns" for northbound traffic on
Paseo Terraza from Del Obispo Street north 950 feet, as requested by residents located on
the southern portion of Paseo Terraza in the Del Obispo Terrace I neighborhood:
RESOLUTION NO. 97-1-7-1. ESTABLISHING "NO U-TURNS" - PASEO
TERRAZA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO U-
TURNS" FOR NORTHBOUND VEHICLES ON PASEO TERRAZA
NORTH OF DEL OBISPO
6. RESOLUTION AUTHORIZING THE INSTALLATION OF "NO U-TURN"
SIGNS - DEL OBISPO STREET AT WINDJAMMER DRIVE (CAPTAINS HILLS
HOMEOWNERS ASSOCIATION) (590.50)
As set forth in the Report dated January 7, 1997, from the Engineering and Building Director,
the following Resolution was adopted approving "No U -Turns" on Del Obispo Street at
Windjammer Drive, as requested by the Board of Directors of the Captains Hills Homeowners
Association:
RESOLUTION NO. 97-1-7-2, ESTABLISHING "NO U-TURNS" -
WINDJAMMER DRIVE - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO U-TURNS" ON DEL OBISPO STREET AT
WINDJAMMER DRIVE
7. RESOLUTION SETTING A DATE AND TIME FOR A PUBLIC HEARING
REGARDING VACATION OF A RECREATIONAL TRAIL EASEMENT -
ARCHITECTURAL CONTROL 88-5. CREEKSIDE EQUESTRIAN CENTER
(GATES)_(670.50)
As set forth in the Report dated January 7, 1997, from the Engineering and Building Director,
the following Resolution was adopted setting a public hearing for February 4, 1997, regarding
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the proposed vacation of a recreational trail easement within Architectural Control 88-5,
Creekside Equestrian Center:
RESOLUTION NO 97-1-7-3. INITIATING VACATION OF
RECREATIONAL TRAIL. ARCHITECTURAL CONTROL 88-5.
(CREEKSIDE EQUESTRIAN CENTER/GATES) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A
RECREATIONAL TRAIL (EQUESTRIAN/HIKING) WITHIN
ARCHITECTURAL CONTROL 88-5, CREEKSIDE EQUESTRIAN
CENTER (GATES)
8. RESOLUTION SETTING A DATE AND TIME FOR A PUBLIC HEARING
REGARDING VACATION OF A PORTION OF AN IRREVOCABLE OFFER
FOR STREET PURPOSES - LOT A OF DIVISION OF LAND 75-3
(SPAULDING)((820.40)
As set forth in the Report dated January 7, 1997, from the Engineering and Building Director,
the following Resolution was adopted setting a public hearing for February 4, 1997, regarding
the proposed vacation of a portion of an unaccepted Irrevocable Offer for Public Street
Purposes within a portion of Lot A, Division of Land 75-3:
RESOLUTION NO 97-1-7-4 INITIATING VACATION OF A PORTION
OF AN IRREVOCABLE OFFER FOR PUBLIC STREET PURPOSES.
DIVISION OF LAND 75-3 (SPAULDING) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION
OF AN IRREVOCABLE OFFER FOR PUBLIC STREET PURPOSES
WITHIN LOT 1 AND ADJACENT TO PARCEL 3 OF DIVISION OF
LAND 75-3, RECORDED IN BOOK 73, PAGES 14 & 15 (SPAULDING)
The following item was removed from the Consent Calendar.
APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
DECEMBER 3, 1996
It was moved by Council Member Jones, seconded by Council Member Hart, that the:Minutes
of the Regular Meeting of December 3, 1996, be approved as submitted. The motion was
carried with Council Member Greiner abstaining because he had not been seated on the
Council for the entire meeting.
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PUBLIC HEARINGS
1. VACATION OF EXCESS RIGHT-OF-WAY - 31711 AND 31741 LOS RIOS
STREET (TRULIS/ SOLAG) (670.50)
Council Member Jones indicated he would abstain from voting in this matter because of a potential
conflict of interest due to the proximity of his residence/business to this property.
Proposal:
Consideration of a request by Mr. Thomas Trulis for the City to vacate an unused 16.5 -
foot -wide easement for street and highway purposes adjacent to 31711 and 31741 Los Rios
Street. The proposed vacation was initiated at the meeting of December 3, 1996.
An licant:
Mr. Thomas Trulis, Solag Disposal Company, P. O. Box 1100, San Juan Capistrano, CA
92693.
Written Communication:
Report dated January 7, 1997, from the Engineering and Building Director, recommending
that the easement be vacated as requested.
' Mr. Huber made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following person responded:
(1) Phillip Schwartze, representing the applicant, Tom Trulis, spoke in support of the
staff recommendation.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Adoption of Resolution Vacating Excess Right -of -Way:
It was moved by Council Member Campbell, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO. 97-1-7-5. ORDERING VACATION OF EXCESS
RIGHT-OF-WAY_ 31711 AND 31741 LOS RIOS STREET
(TRULIS/SOLAGI - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE
VACATION OF EXCESS RIGHT-OF-WAY ADJACENT TO 31711 AND
31741 LOS RIOS STREET (TRULIS/SOLAG)
The motion carried by the following vote:
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AYES: Council Members Campbell, Greiner, Hart, and Mayor Swerdlin
NOES: None
ABSTAIN: Council Member Jones
ABSENT: None
The Resolution authorized the Mayor and City Clerk to execute the Resolution and Vacation
Deed. The City Clerk was directed to forward both documents to the County Recorder.
2. TENTATIVE PARCEL MAP 96-159 TO SUBDIVIDE INTO THREE PARCELS
PROPERTY LOCATED AT 27000 ORTEGA HIGHWAY (FORMER TINY
NAYLOR'S SITE) (SCHWARTZ) (420.70)
Proposal:
Consideration of a request to subdivide a 1.5 -acre parcel located at 27000 Ortega Highway
into three parcels to provide a common parcel for parking and a parcel each for a Del Taco
and a Burger King restaurant.
Applicant:
S. Alan Schwartz, 1088 Irvine Blvd., Tustin, CA 92680
Written Communications:
(1) Report dated January 7, 1997, from the Planning Director, recommending that the
proposed Tentative Parcel Map be approved as requested.
(2) Memorandum dated December 26, 1996, from the Engineering and Building Director,
recommending that a condition be added to the draft Resolution requiring the
applicant to pay costs for further traffic analysis and required improvements to
mitigate safety problems that may develop with left turns into the site should such
action be requested by the City .
(3) Letter dated November 21, 1996, from Bonnie and Richard Holt in opposition to the
two fast-food establishments proposed because of traffic impacts and incompatibility
with the town's rural charm.
The Tentative Parcel Map was on display. Mr. Ramsey recommended that the hearing be
continued to the meeting of February 4, 1997, at the request of the applicant.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following person responded:
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(1) Thomas Merrell of Civic Solutions, consultant for the applicant, explained that
Mr. Schwartz was ill and needed additional time to consider the new condition
recommended by staff with regard to traffic improvements.
Council Discussion:
Council Member Greiner noted that a condition recommended by the Planning Commission,
requiring an electronic monitoring device at the entryway to the project to allow monitoring
of incoming traffic, had not been included in the draft Resolution for the Tentative Parcel
Map. He suggested that the condition be included when this item is brought back on
February 4. Mr. Ramsey advised that the condition was included in the Resolution adopted
by the Planning Commission approving Architectural Control 96-05 on November 26, 1996.
However, he indicated he would he verify its inclusion and determine whether it was
inadvertently omitted.
Continuation of Hearing:
There being no further response, it was moved by Council Member Campbell, seconded by
Council Member Jones, and unanimously carried that the public hearing be continued to the
meeting of February 4, 1997.
RECESS AND RECONVENE
' Council recessed at 7:18 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:20 p.m. as the City Council.
ADMINISTRATIVE ITEMS
CITY MANAGER
Downtown Parking
Douglas Dumhart, Management Analyst II, made an oral presentation, noting that the
following five items dealt with downtown parking. He provided an overview of all five items,
advising that a new parking strategy was being proposed because many new businesses had
located in the downtown resulting in increased requests for employee parking permits. The
permits allow employees to park all day in time limited spaces. He advised that downtown
businesses needed convenient customer parking and so Staff recommended the consolidation
of all employee parking into one lot. The new strategy would restrict employee parking to
the Mitchell Lot, located behind the Esslinger Building on Camino Capistrano, which is
currently used by commuters. Concurrently, forty spaces would be leased in the Capistrano
Depot North Parking lot for commuter parking. He noted that parking in the Depot lot had
been underutilized, as had commuter parking in the Franciscan Plaza parking structure. He
noted that commuters also park in unrestricted on -street parking on Yorba, Forster and El
Camino Real. The Transportation Commission is currently considering time restrictions for
' those streets to assure a smooth transition for the new parking arrangements.
Mr. Dumhart noted that staff had received a suggestion that the Mitchell Lot be designated
as a time restricted lot, and as the only lot where downtown employee parking permits would
be honored. It was further suggested that the 42 spaces in the Mitchell Lot may not be
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sufficient to accommodate the number of downtown employees and the on -street spaces in
the block surrounding the Mitchell lot should also be designated for employees permit
parking.
A plan for the proposed program was on display. Mr. Dumhart advised that if the Sub -Lease
Agreement with the Depot was approved for the 40 parking spaces, then the remaining three
items for Council consideration were "housekeeping" items necessary to effectuate the
metering of the leased spaces.
Council Member Jones stated that since the Franciscan Plaza parking structure, which is located in
close proximity to his residence/business, was not part of this consideration, he would participate in
this matter without any conflict of interest.
DOWNTOWN EMPLOYEE PARKING PERMIT PROGRAM (570.70)
Written Communication:
Report dated January 7, 1997, from Douglas Dumhart, Management Analyst II,
recommending that:
(a) A City Downtown Employee Parking Permit Program be formally established setting
an annual permit issuance fee in the amount of $5.00 each and replacing the
temporary program approved by the City Council on February 7, 1995; and
(b) The Mitchell Lot, located at 31857 El Camino Real, be dedicated for downtown
employee parking only between the hours of 6:00 a.m. and 6:00 p.m.
The Report noted that the proposal for the Mitchell Lot would also provide for overflow
parking after 6:00 p.m. for patrons of the EI Adobe and Egan House restaurants.
Public Comments:
(1) Richard Stein, 27677 Paseo Alondra, urged that the Council consider reducing the
permit fees for residents of San Juan Capistrano, similar to the permit fee structure
in the City of Laguna Beach.
Mr. Dumhart advised that the Franciscan Plaza parking structure meter fees are currently
$2.00 per day. The commuter parking permit program offers San Juan Capistrano residents
a reduced fee of $125 annually vs. $400 per year for non-residents.
(2) Stephanie Crani, business owner in the Mission Promenade, expressed concern for the
safety of her employees parking in the Mitchell lot and on Yorba Street after 6:00
p.m. because of untrimmed bushes, obscured line of sight, and insufficient lighting.
She also expressed concern regarding the lack of regular maintenance of the lots,
noting that broken glass at the Texaco lot has not been cleaned up for four weeks. _
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Mr. Scarborough indicated Ms. Grano's concerns would be addressed. Council Member Hart
noted that permanent lighting to be installed soon will greatly improve visibility at the lots,
and more parking may become available on El Camino Real, Forster Street, and Yorba Street.
(3) Warren Siegel, 27201 Calle Delgado, noted he has been a train commuter for many
years. He expressed concern that the City's permit parking fees are too high for
residents, especially as compared to the rates charged to commuters in the City of San
Clemente. He noted that the Environmental Protection Agency encourages
commuting and that the City discourages it by charging high fees. He noted that the
Franciscan Parking structure is under-utilized because of the high fees. He stated that
if the parking is modified as proposed, commuters intend to boycott shopping in San
Juan Capistrano. He felt people could not be forced into paid parking.
(4) Allen Jones, resident of Dana Point, noted he has been an Amtrak commuter since
1982. He advised that train ridership has grown significantly over the years,
averaging about 300 commuters per day and growing at a rate of 10%. He felt that
the City would be discouraging commuters and tourism in the downtown area with
the high parking fees proposed. He noted that he intends to organize the commuters
into boycotting San Juan Capistrano businesses.
(5) Jack Shimasaki, resident of San Juan Capistrano, noted that he has commuted to Los
' Angeles every day for the past year. He concurred with the previous comments,
adding that the Franciscan Plaza parking structure is under-utilized for security
reasons as well as because of the high fees. He noted that he has been parking in the
Mitchell lot free of charge and that he would also boycott the City's businesses if he
is forced to pay for parking.
Council Comments:
Council Member Greiner felt it was unfortunate that some commuters intended to boycott the
City's businesses because of the proposed fees, stating that driving was more expensive than
the parking fee which would be saved by driving. He felt that the fees were reasonable and
noted that the program was intended to benefit the City's residents as well as tourists who
wished to shop in the downtown.
Council Member Campbell noted the effort made by City staff in trying to develop a parking
program in the downtown area that would balance the needs of residents, businesses,
commuters, tourists, downtown employees, and the community as a whole. She urged that
all concerned work together in a spirit of cooperation to resolve their concerns. She agreed
that residents should be able to pay reduced fees for parking since they support the City's tax
base.
Council Member Hart agreed that it was unfortunate that some commuters intend to boycott
' businesses in the City. He stated that time-hmited parking was essential in any City to ensure
proper turnover of vehicles and that the City has worked hard in trying to achieve a balance
for everyone concerned.
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Mayor Swerdlin noted he operated a business in the downtown area for about thirteen years
and that a survey concluded that residents of San Juan Capistrano comprised 80% of the
visitors to the downtown area vs. 20% from out of town. He emphasized that this program
does not cater to tourism but establishes a more efficient parking management program for
the downtown area. He urged that commuters not boycott the City's businesses since the
City Council, not the businesses, pushed for this type of parking management program.
Adoption of Resolution Establishing Downtown Employee Parking Permit Program:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted with a modification to identify Yorba, Forster and El
Camino Real Streets for employee permit parking:
RESOLUTION NO 97-1-7-6 ESTABLISHMENT OF DOWNTOWN
EMPLOYEE PARKING PERMIT PROGRAM - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A 'DOWNTOWN EMPLOYEE
PARKING PERMIT PROGRAM" WITHIN THE DOWNTOWN AREA;
SETTING THE FEE FOR THE ISSUANCE OF EMPLOYEE PARKING
PERMITS; AND RESCINDING RESOLUTION NO. 95-2-7-7
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
Adoption of Resolution Establishing Downtown Emloyee Parking at the Mitchell Lot:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO 97-1-7-7 ESTABLISHING DOWNTOWN
EMPLOYEE PERMIT PARKING ONLY AND TOW -AWAY ZONE -
MITCHELL PARKING LOT AT 31857 EL CAMINO REAL - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING 'DOWNTOWN
EMPLOYEE PERMIT PARKING 6:00 AM TO 6:00 PM" AND "NO
PARKING 3:00 AM TO 5:00 AM TOW -AWAY ZONE" IN THE ENTIRE
MITCHELL PARKING LOT AT 31857 EL CAMINO REAL
The motion carried by the following vote:
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AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
2. SUBLEASE AGREEMENT WITH CAPISTRANO DEPOT FOR FORTY (40)
PARKING SPACES (600.20)
Written Communication:
Report dated January 7, 1997, from Douglas Dumhart, Management Analyst II,
recommending that the City enter into a sublease agreement with the Capistrano Depot to
allocate 40 of their 99 spaces for commuter parking, with the City to share revenues from
metering these spaces at a minimum of $2.00 per day.
Approval of Sublease Agreement:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the Sublease Agreement with Capistrano Depot LLC be approved
for the Depot to allocate 40 of their northernmost spaces for commuter parking, with the City
to share 50% of its revenues from metering these spaces. The City Manager was authorized
to execute the Agreement on behalf of the City.
PROPOSED ORDINANCE AMENDING TITLE 4. CHAPTER 4. SECTION 4-4.02
OF THE MUNICIPAL CODE - PARKING METER ZONES TO ADD A PORTION
OF THE CAPISTRANO DEPOT NORTH LOT (, 70.30
Written Communication:
Report dated January 7, 1997, from Douglas Dumhart, Management Analyst II,
recommending that an Ordinance be introduced Amending Title 4, Chapter 4, Section 4-4.02
of the Municipal Code to permit the establishment of metered parking for the 40
northernmost parking spaces subleased by the City for commuter parking within the
Capistrano Depot parking lot.
Introduction of Ordinance Establi hine Metered Parking for a Portion of the
Capistrano Depot North Parking Lot:
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 Jones, seconded
by Council Member Hart, that the following Ordinance be introduced:
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AMENDING TITLE 4. CHAPTER 4. SUBSECTION 44.02 OF THE CITY
OF SAN JUAN CAPISTRANO MUNICIPAL CODE - PARKING METER
ZONES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS IN TITLE 4
(PUBLIC SAFETY), CHAPTER 4 (PARKING METERS), SUBSECTION
4-4.02 (PARKING METER ZONES) OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE ADDING A PORTION OF THE CAPISTRANO
DEPOT NORTH PARKING LOT
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
4. RESOLUTIONS ESTABLISHING PARKING METER FEES AND SETTING THE
HOURS FOR COLLECTION OF DEPOSITS - CAPISTRANO DEPOT NORTH
PARKING LOT (570.70)
Written Communication:
Report dated January 7, 1997, from Douglas Dumhart, Management Analyst II,
recommending that proposed Resolutions be adopted: 1) establishing parking meter fees in
the amount of $.25 per hour with a $2.00 per day maximum Monday through Friday, and 2)
establishing the hours for collection between 6:00 a.m. and 6:00 p.m. for the 40 parking
spaces subleased by the City located in the Capistrano Depot parking lot.
Adoption of Resolution Establishing Parkin Meter Fees for 40 S12aces Subleased in
the Capistrano Depot Parking Lot:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO 97-1-7-8 ESTABLISHING PARKING METER
FEES - CAPISTRANO DEPOT NORTH PARKING LOT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING THE RATES FOR
METERING DEVICES IN THE CAPISTRANO DEPOT NORTH
PARKING LOT - 26701 VERDUGO STREET
The motion carried by the following vote:
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' AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
The Resolution established parking meter fees in the amount of $.25 per hour with a $2.00
per day maximum Monday through Friday.
Adoption of Resolution Establishing the Hours for Collection of Deposits:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO. 97-1-7-9, ESTABLISHING HOURS FOR
COLLECTION OF PARKING METER FEES - CAPISTRANO DEPOT
NORTH PARKING LOT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING THE HOURS FOR WHICH DEPOSITS ARE
COLLECTED BY METERED PARKING IN THE CAPISTRANO DEPOT
NORTH PARKING LOT - 26701 VERDUGO STREET
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
The Resolution established the hours for collection between 6:00 a.m. and 6:00 p.m. for the
northernmost 40 parking spaces subleased by the City.
5. PURCHASE OF ONE PARKING METER DEVICE (370.30)
Written Communication:
Report dated January 7, 1997, from Douglas Dumhart, Management Analyst II,
recommending that the City purchase one Park -Ur -Self System IV multi -space parking meter
for the northernmost 40 parking spaces at the Capistrano Depot parking lot subleased by the
City at a cost of $20,327.
' Approval of Purchase of One Multi -Space Parking Meter:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that staff be authorized to purchase one Park -Ur -Self System IV multi -
space parking meter for the northernmost 40 parking spaces at the Capistrano Depot parking
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lot subleased by the City at a cost of $20,327. Staff was also authorized to appropriate the
necessary funds from the General Fund Reserves.
INTRODUCTION OF ORDINANCE AMENDING TITLE 4. CHAPTER 1 OF THE
MUNICIPAL CODE - EMERGENCY PREPAREDNESS (520.501
Written Communication:
Report dated January 7, 1997, from Douglas Dumhart, Management Analyst II,
recommending that the City's Emergency Operations Plan be amended to establish a Disaster
Council for compliance with the Standardized Emergency Management Systems (SEMS).
The purpose of the Disaster Council would be to develop and recommend for City Council
adoption emergency and mutual aid plans and agreements. The Disaster Council would
consist of the Mayor as Chairman, the Director of Emergency Services as Vice Chairman, the
Assistant Director of Emergency Services, chiefs of emergency services, and representatives
of civic, business, labor, veterans, professional, or other emergency -related organizations.
Introduction of Ordinance Approving Amendments to the City's Emergency
Preparedness 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, seconded
by Council Member Jones, that the following Ordinance be introduced:
AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE -
ESTABLISHING A DISASTER COUNCIL - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING AND
AMENDING VARIOUS SECTIONS IN TITLE 4, CHAPTER I OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE ENTITLED
"EMERGENCY PREPAREDNESS" TO ESTABLISH A DISASTER
COUNCIL AND ITS RESPONSIBILITIES
The motion carried by the following vote:
City CO.M Mi.Wt
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
-14-
1/7/97
015
Written Communication:
Report dated January 7, 1997, from Julia Kimminau, Management Analyst, recommending
that the City's Classification and Compensation Plan be amended creating the positions of
Senior Management Analyst I and II and eliminating the Senior Management Analyst
Position; and, amending the Senior Planner job description and salary range.
Julia Kimminau made an oral report. Council Member Hart commended the City Manager
and his staff on their downsizing efforts by rearranging certain positions, noting that the
changes would save the City approximately $21,000 per year.
Resolution Creating the Positions of Senior Management Analyst I and II. Eliminating
the Senior Manaeemem Analvst Position._ and Amendine the Senior Planner Job
Description and Salary Range:
It was moved by Council Member Hart, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 97-t-7-10_ AMENDING THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN - SENIOR
MANAGEMENT ANALYST I AND II AND SENOR PLANNER - 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, TO CREATE THE NEW CLASSIFICATIONS
OF SENIOR MANAGEMENT ANALYST I AND II, ELIMINATE THE
SENIOR MANAGEMENT ANALYST CLASSIFICATION, AND
APPROVE A NEW SALARY RANGE FOR SENIOR PLANNER
CLASSIFICATION
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
City Council Minutes -15- 1/7/97
7. AMENDMENT TO CLASSIFICATION
AND COMPENSATION
PLAN
'
CREATING THE POSITIONS
OF SENIOR MANAGEMENT
ANALYST I AND
11 AND ELIMINATING THE
SENIOR MANAGEMENT
ANALYST POSITION:
AND AMENDING THE
SENIOR PLANNER JOB DESCRIPTION
AND SALARY
RANGE ,700.201
Written Communication:
Report dated January 7, 1997, from Julia Kimminau, Management Analyst, recommending
that the City's Classification and Compensation Plan be amended creating the positions of
Senior Management Analyst I and II and eliminating the Senior Management Analyst
Position; and, amending the Senior Planner job description and salary range.
Julia Kimminau made an oral report. Council Member Hart commended the City Manager
and his staff on their downsizing efforts by rearranging certain positions, noting that the
changes would save the City approximately $21,000 per year.
Resolution Creating the Positions of Senior Management Analyst I and II. Eliminating
the Senior Manaeemem Analvst Position._ and Amendine the Senior Planner Job
Description and Salary Range:
It was moved by Council Member Hart, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 97-t-7-10_ AMENDING THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN - SENIOR
MANAGEMENT ANALYST I AND II AND SENOR PLANNER - 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, TO CREATE THE NEW CLASSIFICATIONS
OF SENIOR MANAGEMENT ANALYST I AND II, ELIMINATE THE
SENIOR MANAGEMENT ANALYST CLASSIFICATION, AND
APPROVE A NEW SALARY RANGE FOR SENIOR PLANNER
CLASSIFICATION
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
City Council Minutes -15- 1/7/97
016
8. COMMUNITY CENTER DESIGN UPDATE (210.40)
Written Communication:
Report dated January 7, 1997, from the Engineering and Building Director, recommending
that the following design components be approved for the Community Center: 1) Option A,
the preferred building materials for the gymnasium (plaster/redwood siding); 2) the concept
of a water feature, 3) the conversion of a landscape area to a patio at the senior game room;
4) the multiple use of the service drive to include a shuffleboard court; and 5) a gray color
finish for the painted metal roof.
Sharon Heider, Open Space Project Manager, made an oral presentation. The landscape plan,
elevations showing alternative designs, two gray color samples for roof color, and design
details for the water feature, shuffleboard court, and patio area were on display.
Ms. Heider noted two concerns expressed by residents that have been addressed in the plans:
the proposed water feature would be small enough so as not to preclude public gatherings,
and the new patio proposed is not intended to replace the original one. She noted that City
needs to coordinate schedules to ensure service vehicle access because of the addition of a
shuffleboard court in that area. Mayor Swerdlin recommended that the water feature be
designed to complement wedding reception photographs.
It was a consensus of the Council that the darker gray color for the roof was preferred.
Approval of Design Concepts for the Community Center:
It was moved by Council Member Greiner, seconded by Council Member Hart, and
unanimously carried that the following design components be approved for the Community
Center: 1) Option A, the preferred building materials for the gymnasium (plaster/redwood
siding); 2) the concept of a water feature; 3) the conversion of a landscape area to a patio at
the senior game room; 4) the multiple use of the service drive to include a shuffleboard court;
and 5) the darker gray color finish for the painted metal roof.
ADMINISTRATIVE SERVICES DIRECTOR
DRAFT REOUEST FOR PROPOSAL - CONGDON HOUSE (600.3 0)
Written Communication:
Report dated January 7, 1997, from the Administrative Services Director, recommending that
the City Council review and provide comment on a draft Request for Proposal for use of the
historic Joel Congdon House located at 32701 Alipaz Street. The draft RFP provides a site
description and condition of the structure, outlines allowable uses under the current General
Agricultural zoning, and discusses development guidelines and the selection process. The
Report requested Council direction with regard to an acceptable term for the possible lease
of the house, suggesting a 15- to 20 -year lease to ensure return of investment for the City.
Council Member Campbell recommended that the proposed Request for Proposal consider
imaginative, interesting, and different uses for the property that may generate enthusiasm from
City Comoil Minutes
-16- 1/7/97
017
' prospective operators. Mr. Denhalter advised that the RFP reflects only those uses permitted
under the existing "Historic Preservation" zoning. Mr. Scarborough concurred with Council
Member Campbell's remarks and indicated that the document would be modified to
emphasize the City's openness to creative suggestions for uses.
Referral of Draft Request for Proposal to Commissions:
It was moved by Council Member Jones, seconded by Council Member Greiner, and
unanimously carried that the draft Request for Proposal for the Joel Congdon House and the
Council's comments be forwarded to the Parks, Recreation and Equestrian Commission as
an information item and to the Cultural Heritage Commission for review and comment. Staff
was directed to modify the document to emphasize the City's openness to creative
suggestions for uses.
PLANNING DIRECTOR
APPEAL OF TREE INSPECTOR'S DECISION TO DENY TREE REMOVAL
PERMIT ,CONNEMARA PROPERTY OWNERS ASSOCIATION (410.90)
Written Communications:
(1) Report dated January 7, 1997, from the Planning Director, recommending that the
Tree Inspector's previous decision to deny an application to remove eight Queen
' Palm trees at 33831 Donegal Lane be reaffirmed. The decision had been appealed by
the Connemara Property Owners Association. Staffs recommendation to reaffirm the
denial was based upon the purpose of the request not being consistent with applicable
provisions of the Municipal Code. The Report noted that Daniel and Mary Callahan,
the property owners in question, prefer not to remove the trees and had submitted the
Tree Removal Permit application only at the direction of the Association.
(2) Letter dated January 3, 1997, from Richard A. Tinnelly, legal counsel for the
Connemara Property Owners Association, citing background information to support
the Association's request for a Tree Removal Permit.
Council Member Jones inquired whether the landscaping proposed by the Callahans was
under the Association's purview when they purchased their home in 1988. Mr. Ramsey
advised that according to the letter dated June 15, 1988, the Association requested that the
Callahans modify their landscape plans to show the replacement of the California Pepper trees
with Queen Palms.
Public Comments:
(1) Shawn Perez, 2740 Camino Capistrano, San Clemente, attorney representing Don and
Miriam Karn at 33801 Glocamora Lane, advised that the trees had not yet grown to
their present height when Mrs. Karn signed the statement dated November 29, 1995,
indicating that the trees did not obstruct their views and they had no objection to
them. He felt that the most prudent course of action would be to relocate the trees
to another part of the development and replace them with trees deemed appropriate
by the Association. He emphasized the importance of enforcing the Association's
City Council Minutes -17- 1/7/97
018
CC&R's to maintain property values in the development and harmony within the
community.
(2) Richard A. Tinnelly, 85 Argonaut, Aliso Viejo, legal counsel speaking on behalf of the
Connemara Property Owners Association, urged that the Tree Inspector's Decision
be reversed. He advised that the Association's initial direction to the Callahans to
substitute Queen Palms for the Pepper trees was based on the Association's belief at
that time that the Pepper trees would grow much faster and taller than the palms. He
emphasized that under California law CC&R's are considered to be valid and binding
contracts, noting that the Association's CC&R's, which contain specific height
limitations, were reviewed and approved by the City in 1982. He stated that the Tree
Inspector's denial of the Tree Removal Permit precludes the Association's Board of
Directors from enforcing the CC&R's, forces the residents into non-compliance,
prevents the Association from compromising in this matter, and invalidates contract
rights. He felt that approving the tree removal permit would not mandate the tree
removal, but would allow their removal should the situation be resolved.
(3) Charles Schwab, 33741 Shannon Lane, an Association Board Director, stated that the
main purpose for tree removal regulations in cities is to prevent developers from a
widespread removal of trees in order to maximize the use of land and to prevent
residents from the uncontrolled removal of large-scale, desirable trees without
concern for safety issues. He expressed strong opposition to the City over -regulating
the removal of ornamental trees and felt that this should not be the intent of the City's
Ordinance. He stated that the Tree Inspector's decision was based on facts presented
by the Callahans, which have not been substantiated by the Association. He expressed
concern that confirmation of this decision will make it very difficult for the
Association to enforce their CC&R's in the future to ensure protection of views for
its residents.
(4) Dan Callahan, 33831 Donegal Lane, tree removal permit applicant, made the
following comments in summarizing the tree situation to date: Their application for
a Tree Removal Request was submitted only in response to the letter from the
Association's attorney directing that the Queen Palms be removed, despite the fact
that the Association initially required the Callahans to modify their landscape plans to
replace the originally proposed Pepper trees with Queen Palms. However, the
Callahans would prefer to keep the trees. Upon receipt of a letter from the
Association in 1995 stating that it had been observed that the trees exceeded the
height limitation, Mr. Callahan contacted four of their neighbors to determine whether
the trees were impacting them. If the trees had been impacting the neighbors, the
Callahans would have wanted to rectify the situation. All four residents agreed to sign
a statement indicating that the trees did not obstruct their views and they had no
objection to them. He advised that although the letter was dated November, 1995,
the Karns, signed the letter in March 1996, and the trees have not grown that much
since that time. Mr. Callahan contacted the Association to request that the tree
removals be at the Association's expense since they required the trees to be planted
in the first place and are now requiring their removal. He stated the palms initially
City Counoil Minutes
_Ig_ v7/97
019
' cost $2,000 each. The costs to remove the trees may be $5,000, plus the cost to
purchase and plant new trees. Their removal would also damage their existing
hardscape. Mr. Callahan noted that there are trees on Association property which
exceed the height limitations, however, the Association has refused to remove the
trees, despite requests from residents. He advised that Article 2, Section 9 of the
CC&R's contains a specific disclaimer as to any "right" of a property owner to a
view.
(5) Mary Callahan, co -applicant, distributed photographs of eight-year-old Pepper trees
that illustrated that they do not necessarily grow faster and bigger than palm trees.
She further distributed photographs illustrating the pine trees on Association property
that residents have requested be removed.
(6) Steve Telepman, 33832 Donegal, indicated he did not oppose the trees and they did
not obstruct his views. He agreed that the Association promotes a double standard,
noting that his request to have the Association trim or remove existing Sycamore trees
that block his view have been ignored. He indicated that he was unaware that any of
the residents had complained about the Palm trees.
(7) Gale Darter, 33781 Limerick Lane, stated that tree height limitations were made clear
to him by the Association at the time he purchased his home in Connemara. He noted
that he was aware that his own trees might have to be trimmed or removed, at which
time he would find somewhere to donate them. He stated that the City's tree
regulations were meant to protect unique and old trees and that it should have been
understood that the trees would eventually need to be replaced when they exceeded
the height limitations. He noted that the CC&R's also clarify which trees in the
development are not subject to this height limitation and that the 14- to 15 -foot tall
Sycamore trees have been trimmed. He requested that the City help with enforcement
of the CC&R's by allowing trees to be removed, recycled, and replaced when
necessary.
In response to Mayor Swerdlin, Mr. Denhalter advised that CC&R's are considered
contractual relationships among property owners to ensure that some of the City's conditions
of approval for subdivision projects are met. With regard to the Connemara CC&R's, the
only participation by the City was to ensure that other conditions unrelated to the planting of
trees were met for the subdivision. The City is not a contractual party in the CC&R's with
regard to tree heights or views. The City's Ordinance, which is a separate piece of legislation,
empowers the City to impose regulations on tree removals and the City has the right to
enforce it independent of the contractual nature of the CC&R's.
Council Comments:
Council Member Jones felt that the issue of removal costs should be addressed between the
homeowners association and the applicants. He felt the City had to uphold its Ordinance and
that staff had done a good job analyzing the situation. He felt the applicants should be the
ones to determine whether the trees were old and/or tall enough to be recycled. He
City Council Minuses -19- 1/7/97
020
emphasized his belief in property rights and preferred that the Callahans be permitted to retain
the trees, which would be upheld by the City's Ordinance, if they so desired.
Council Member Greiner felt that since none of the ten conditions had been met with regard
to the reasons for the tree removal request, the City's Ordinance should be upheld. He noted
that the Homeowners Association created this problem when they specifically requested the
Queen Palms and felt it was unfortunate that the situation could not be resolved between the
applicant and the homeowners association. He felt that view impacts should have been taken
into consideration by the Association when they modified the Callahans' original landscape
plans.
Council Member Campbell concurred that the City's Ordinance should be upheld in this case.
She noted that many homeowners become emotionally attached to their trees and would
oppose anyone requiring their removal after many years of taking care of them.
Council Member Hart felt it was unfortunate that this conflict could not be resolved between
the two parties in question and without the City's intervention. He stated that the Council
must support the City's Ordinance, which was adopted prior to the creation of the Connemara
CC&R's. He suggested that the parties could perhaps work out a variance for relocation of
the trees and the residents could join together and share the costs of removing and/or
relocating trees and planting new ones.
Mayor Swerdlin concurred with the previous comments by the Council, including Council
Member Hart's suggestion. He felt that if the parties could work out a solution that was not
just dealing with the removal of the trees perhaps the issues could be reconsidered.
Adoption of Resolution Reaffirming Denial of Tree Removal Permit Application:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO 97-1-7-11 DENYING APPEAL AND CONFIRMING
DECISION OF TREE INSPECTOR'S DENIAL OF A TREE REMOVAL
PERMIT APPLICATION - 33831 DONEGAL LANE (CONNEMARA
PROPERTY OWNERS ASSOCIATION/CALLAHAN)- A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE TREE INSPECTOR'S DECISION
DENYING A TREE REMOVAL PERMIT AT 33831 DONEGAL LANE,
AND DENYING APPEAL FILED BY CONNEMARA PROPERTY
OWNERS ASSOCIATION (CONNEMARA PROPERTY OWNERS
ASSOCIATION/CALLAHAN)
The motion carried by the following vote:
City Council Minutes -20- 1/7/97
021
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
2. REVISED DRAFT COUNCIL POLICY NO. 601 - HISTORICAL,
ARCHAEOLOGICAL. AND PALEONTOLOGICAL RESOURCE
MANAGEMENT GUIDELINES (610.30)
Written Communication:
Report dated January 7, 1997, from the Planning Director, recommending that the Council
review proposed revisions to Council Policy No. 601, Historical, Archaeological and
Paleontological Resource Management Guidelines, and refer it to the Cultural Heritage
Commission for comment and recommendation. The purpose of the proposed revisions are
to update and refine the scope of work related to conducting studies, surveys, and formal
reports and the obligations relating to the collection and preservation of artifacts.
Referral of Draft Council Policy No. 601 to the Cultural Heritage Commission:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that the proposed revisions to Council Policy No. 601 be forwarded to
the Cultural Heritage Commission for review and recommendation.
ENGINEERING AND BUILDING SERVICES DIILECTOR
REVISION TO THE CITY SEWER CONNECTION CHARGE RESOLUTION
1040.20
Written Communications:
(1) Report dated January 7, 1997, from the Engineering and Building Director,
recommending that the City's sewer connection charge regulations be revised to allow
review of larger projects on a case-by-case basis.
(2) Memorandum dated December 27, 1996, from the Engineering and Building Director,
noting corrections to the Report and draft Resolution changing all references
regarding the minimum building area from 10,000 square feet to 100,000 square feet.
Council Member Greiner suggested that staff be given more flexibility in evaluating sewer
service connections for larger projects by allowing them to assess a lower or higher fee, if
appropriate. Mr. Huber concurred and recommended that the draft Resolution be amended
accordingly.
The City Manager also suggested that language permitting applicants to submit requests for
evaluation of the proposed fee structure be deleted.
City Council Minutes -21- 1/7/97
022
Adoption of Resolution Amending Sewer Connection Charges for Larger Non -
Residential Projects:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted as amended to provide for evaluation of sewer connection
charges for buildings in excess of 100,000 square feet :
RESOLUTION NO 97-1-7-12, ESTABLISHING SEWER CONNECTION
CHARGES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING
RESOLUTION NO. 83-8-16-2 AND ESTABLISHING NEW CHARGES
TO BE MADE FOR ANY AND ALL SEWERAGE DISPOSAL
CONNECTIONS WITHIN THE PUBLIC SEWAGE SYSTEM IN THE
CITY OF SAN JUAN CAPISTRANO AND AREAS BECOMING PART
OF THE CITY
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
2. PRIORITY LIST - PUBLIC UTILITIES COMMISSION RULE 20A.
UNDERGROUND UTILITY DISTRICT CONVERSIONS (1010.601
Written Communication:
Report dated January 7, 1997, from the Engineering and Building Director, recommending
that the proposed priority list be approved for the use of the City's Rule 20A Utility
Underground Funds.
Annroval of Priority List for Utility Underground Conversions:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the priority list included in the report entitled 'Priority List, PUC
Rule 20A Underground Conversions" dated January 1996 containing the following three
projects be approved for the use of SDG&E's Utility Underground Funds: (1) ElkCamino
Real, Yorba to Forster; (2) Camino del Avion between Del Obsipo and Alipaz; and, (3) Del
Obispo from the west side of Trabuco Creek to Paseo de la Paz, from Anchor Circle to
approximately 600 feet north of Blue Fin Drive.
City Council Minutes
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023
lV1V11Y1U1\111 JL`1[Y1l.GJ L11lLl.1VA
1. AWARD OF BID - COMMUNITY SERVICES BROCHURE (COMMUNITY
SERVICES NETWORK- INC.) (600.30)
Written Communication:
Report dated January 7, 1997, from the Community Services Director, recommending that
the bid to produce four quarterly Community Services brochures, Scope 'B", be awarded to
the lowest responsible bidder, Community Services Network, Inc., in the amount of $2,800
($700 quarterly) for the one-year period ending December 31, 1997.
Samples of the three styles proposed were on display. Mr. King recommended that the
second sentence of Section 1-G be modified as follows: "The submission to Community
Services Network, Inc. of an approved final proof initialed by City shall constitute final
approval for printing."
In response to an inquiries by Council Member Campbell, Mr. King stated that anyone had
the opportunity to bid on this project and that staff had considered all bids submitted.
Approval of Community Services Brochure Production. Scope `B". and Newsletter:
It was moved by Council Member Hart, seconded by Council Member Campbell, and
' unanimously carried that the bid to produce four quarterly Community Services brochures,
Scope "B" (61/9" x 103/4"), be awarded to the lowest responsible bidder, Community Services
Network, Inc., in the amount of $2,800 ($700 quarterly) for the one-year period ending
December 31, 1997. All other bids were rejected. The Mayor was authorized to execute the
contract on behalf of the City, with the following modification to the second sentence of
Section 1-G: "The submission to Community Services Network, Inc. of an approved final
Proof initialed by City shall constitute final approval for printing." Staff was authorized to
redirect the $3,000 in cost savings to fund the new target marketing newsletter.
POLICE SERVICES
THIRD AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT
(COUNTY OF ORANGE�(600.50)
Written Communication:
Report dated January 7, 1997, from the Chief of Police Services, recommending that: 1) the
proposed Third Amendment to the Five -Year Law Enforcement Agreement with the County
for fiscal year 1996-97 be approved to provide an additional Deputy Sheriff for traffic
enforcement (motorcycle); and 2) a Notice of Bids be approved for the purchase of a 1996
Kawasaki KZ 1000P police motorcycle with infrared radar gun for speed detection. The total
costs related to the additional officer and purchase of motorcycle are $74,189.57 for fiscal
' year 1996-97.
City Council Minutes -23- 1/7/97
024
Lt. Sullivan made an oral presentation. He anticipated that the new motor officer would —
assume his duties by March 1, 1997. During this interim period, the bid would go out for the
purchase of a motorcycle, the vehicle would be equipped, and a new Deputy would be
recruited within the Sheriff s Department and trained through the California Highway Patrol's
authorized training program.
Council Member Greiner noted that some residents have expressed an apparent
misunderstanding that the funds to hire and train the new Deputy and purchase the motorcycle
come from tax money. Instead, the funds are derived from monies allotted to the City to help
mitigate additional traffic impacts as a result of the increase in trash importation into the City.
Council Member Hart requested that during this interim period, residents and trash haulers
servicing the City, particularly those who regularly travel on Ortega Highway, be made aware
of the new Deputy hired for traffic patrol.
Approval of Third Amendment to Law Enforcement Services Agreement:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the Third Amendment to Agreement between the City of San Juan
Capistrano and the County of Orange for the provision of law enforcement services be
approved for fiscal year 1996-97 providing for an additional Deputy for traffic enforcement.
Approval of Notice of Bids to Purchase Motorcycle:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the Notice of Bids be approved to purchase a 1996 Kawasaki
KZ1000P police motorcycle.
COUNCILMANIC ITEMS
ANNUAL REVIEW OF COUNCIL APPOINTMENTS (610.60)
Written Communication:
Report dated January 7, 1997, from Carole Jacklin, Council Services Administrator,
forwarding a list of current Council appointments to various internal committees and outside
agencies for reaffirmation and/or revision.
Reaffirmation of Appointments:
It was a consensus of the Council that the following Council appointments to internal
committees and outside agencies be made/confirmed:
League of California Cities: Council Member Greiner, with Council Member Hart as alternate
SERRA: Council Member Jones, with Larry Buchheim as alternative
San Joaquin Hills and Foothill/Eastern Transportation Corridors: Council Member Campbell,
with Council Member Hart as alternate
Floodplain Management Committee: Council Members Jones and Greiner
El Toro Reuse Planning Authority: Council Members Greiner and Campbell
City Council Minutes
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1/7/97
025
San Juan Basin Authority: Council Member Jones, with Ray Auerbach and Larry Buchheim
as alternates
Orange County Fire Authority: Council Members Greiner and Hart
Orange County Housing Authority: Deborah Dirnu, consultant (alternate is vacant)
Orange County Joint Powers Insurance Authority: Mayor Swerdlin and
Council Member Greiner
Orange County Vector Control: Mayor Swerdlin and Council Member Greiner
Orange County Senior Citizens Advisory Council, Transportation Committee: Elaine Tracy
Interjurisdictional Planning Committees GMA 9 and 11: Council Member Jones
League of California Cities, Landfill System Ad Hoc Task Force: Mayor Swerdlin
League of California Cities, Restructuring Super Committee: Council Member Hart
Northwest Open Space Ad Hoc Committee: Council Members Hart and Jones
Orange County Transportation Elected Officials Advisory Committee: Mayor Swerdlin
South Orange County Reclamation Authority: Council Member Jones (appointed by Water
Board)
800 Megahertz Joint Powers Authority: Mayor Swerdlin
San Juan Creek Task Force: Mayor Swerdlin, with the Engineering and Building
Director as technical advisor
ADDITIONAL ITEM FOR CONSIDERATION
' Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Jones, seconded by Council Member Greiner, 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 suggested that a Resolution of appreciation for Al Simmons'
attendance at Council meetings be prepared for each Council Member's signature and sent
to Mr. Simmons, who suffered a heart attack on December 30, 1996.
Authorization to Draft Resolution for A] Simmons:
It was moved by Council Member Campbell, seconded by Council Member Hart, that staff
be directed to prepare a Resolution for each Council Member's signature to be sent to AI
Simmons.
ADDITIONAL CLOSED SESSION ITEM
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried to find that the following item was not available prior to publication of
the Council agenda and consideration was necessary at this time: Conference with Legal
Counsel, Existing Litigation, per Government Code Section 54956.9, for the case known as
McLaughlin, et al v. San Juan Capistrano, et al.
City Cwnoil Minutes -25- 1/7/97
11AU
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. League of California Cities (140.20)
Council Member Hart noted the meeting scheduled for Thursday, January 9.
b. Southeast Regional Reclamation Authority (SERRA)(1040.60)
Council Member Jones noted the meeting scheduled for Thursday, January 9 and the
financial meeting that was held on January 6.
C. San Juan Basin Authority( 1050.601
Council Member Jones indicated that the agency would meet the second Tuesday in
January.
d. Orange County Joint Fire Authority (540.80)
Council Member Greiner noted he would attend the meeting next week at which
finances and budget will be discussed.
e. Joint Powers Insurance Authority (170.30)
Mayor Swerdlin noted that the next meeting will be January 29.
f. Orange County Waste Management Commission (810 101
Mayor Swerdlin noted he is available to take calls from residents regarding vector
problems.
COUNCIL COMMENTS
PARKING ENFORCEMENT (570.20)
Council Member Greiner noted he has received complaints from three residents regarding the
unsightly and frequent parking of large trucks along the east side of Camino Capistrano north
of Junipero Serra Road on City property. Mr. Scarborough indicated he would investigate
the situation.
2. NEW YEAR WISHES
Council Member Campbell wished everyone a good 1997.
CLOSED SESSION (610.85)
Council recessed to a Closed Session at 9:34 p.m. for:
City Council Mi.w.
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1/7/97
027
1. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property known as Assessor's Parcel No. 649-361-02, with Vestar, G.M.E. Development,
Extended Stay America, and possible other negotiating parties, to consider price and terms
of payment;
2. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property known as the proposed Plaza de las Golondrinas located at 27201, 27211, 27221,
and 27331 Ortega Highway, San Juan Capistrano - Public Benefit Agreement, with
Benninghoff as the negotiating party, to consider price and terms of payment;
3. Public Employee Performance Evaluation, per Government Code Section 54957, position
being reviewed is City Manager;
4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases; and
5. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as McLaughlin, et al v. San Juan Capistrano, et al.
The City Clerk was excused therefrom, and the meeting reconvened at 10:45 p.m.
' COUNCIL ACTIONS FOLLOWING CLOSED SESSION
Mr. Denhalter advised of the following actions taken by the Council:
Regarding item 44, the City Council was requested to join with other South Orange County
cities to participate in litigation involving the El Toro reuse decisions made by the County
Board of Supervisors, specifically the Environmental Impact Report. The Council
unanimously approved adding the City's name to the litigation, contingent upon not being
required to participate financially in litigation costs.
2. Regarding item #5, the Council unanimously approved the settlement of the case with
Whelchel, and the City Manager was authorized to execute the Settlement Agreement.
There was no action to report on the remaining three items.
City Council Minutes -27- 1/7/97
row.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:45 p.m. to the
next regular meeting date of Tuesday, January 21, 1997, at 7:00 p.m. in the City Council Chamber.
ATTEST:
DAVID M. SWEPLDLIN, MAYOR
City Council Minutes
Respectfully submitted,
CHERYL • ,tl •,(
, CITY CLERK
-2x-
1/7/97