96-0618_CC_Minutes_Regular Meeting202
JUNE 18, 1996
' 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 Hart at 7:06 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford of the Coast Bible Church.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Collene Campbell, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M.
Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arranaga,
Public Lands and Facilities Director; Al 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 Swerdlin, and unanimously
carried that all Ordinances be read by title only.
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Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner (Planning Commission), Pauline Leonard (Parks, Recreation, and Equestrian
Commission), Don Tryon (Cultural Heritage Commission), Tom Facon (Chamber of
Commerce), and Tom Lorch (former San Clemente City Council Member).
NZIGMI 1j_ • I aeI IKGJ X-116RIFAV4• 1 1
Mayor Hart expressed appreciation for the following donations made to the City: Six
exercise mats from the Rotary Club for the Senior Exercise Class; bats and balls from Les and
Julia Bunge for the Little Athletes Program; and the following donations for the Open House
' held by the Community Services Department: chips and salsa from Roger Crawford, the loan
of plants from Sharon Smith of Nurseryland, coffee and cups from Jodie Steinhauser of
City Cowed Minutes -1- 6/18/96
203
Diedrich Coffee, entertainment by Rosie Glave of the Kitchen Matter Band, paper products
from Chris Bruce of Dana Party Supply, and a photo enlargement of the Arts & Crafts Room
before the remodel by Scott Schmidt of Moto Photo.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
Tom Scott, 26422 Brookfield (Village San Juan), commended the San Joaquin Hills
Transportation Corridor improvements, particularly the soundwall which made his
neighborhood a much cleaner, quieter, nicer place to live. As a representative of the El
Camino Real Playhouse at 31776 El Camino Real, he advised that the playhouse had a badly
leaking roof that needed repair. He submitted a written estimate for the repair in the amount
of $2,500 and requested the City's financial assistance for that amount.
Nanette Toland, 28882 Via Leona (Warmington Homes), said it was her understanding that
the Creekside Equestrian Center property had been sold to the Capistrano Valley Baptist
Church. She noted a letter from the Creekside Equestrian Center advising that the church
would be moving portables for a school to the site in the near future. She expressed strong
concerns regarding the potential traffic impacts another school would have in that area,
particularly since another 640 homes and a preschool were planned for construction. She felt
that another use would be better for the property.
Mayor Hart advised that the City had not received any information about the sale of the
property. He assured Ms. Toland that if an application for a use on the property were
submitted to the City, all of the potential impacts from that use would be addressed. He
added that the best interests of all of the residents in the City, as well as the rights of the
property owners and the neighbors, would be considered.
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
City Council Minuets
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
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I. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
' MAY 21, 1996
The Minutes of the Regular Meeting of May 21, 1996, were approved as submitted.
' L • IW 11 1
The List of Demands dated June 5, 1996, in the total amount of $501,612.27 was received
and filed.
The City Treasurer's Report of Cash Fund Balances for the month of April 1996 in the total
amount of $370,310.20 was received and filed.
The Report dated June 18, 1996, from the Planning Director, advising that two new
development applications were received by the City since the last report of May 21, 1996,
was received and filed.
5. APPROVAL OF EXTENSIONS OF CONTRACTS - CONSULTANT PLAN
CHECK SERVICES TEAM (600.30)
As set forth in the Report dated June 18, 1996, from the Engineering and Building Director,
the existing contracts with the Consultant Plan Check Services Team were extended for a six-
month period ending December 31, 1996.
• RESOLUTIONS RELATINGTO NOVEMBER 5,1996, GENERALMUNICIPAL
ELECTION (630,20
As set forth in the Report dated June 18, 1996, from the City Clerk, the following Resolutions
were adopted relating to the General Municipal Election to be held on Tuesday, November
5, 1996: a) calling and giving notice of the General Municipal Election; b) requesting
consolidation with the Statewide General Election; and c) regulating Candidate Statements:
RESOLUTION NO. 96-6-18-1. CALLING ELECTION - NOVEMBER 5-
1996, GENERAL MUNICIPAL ELECTION - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 1996, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
' OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
City cowcil Minute -3- 6/18/96
205
RESOLUTION NO. 96-6-18-2. REQUESTING CONSOLIDATION WITH
NOVEMBER 5. 1996, STATEWIDE GENERAL ELECTION - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5,
1996, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE.
RESOLUTION NO. 96-6-18-3. REGULATING CANDIDATES'
STATEMENTS - NOVEMBER 5. 1996. GENERAL MUNICIPAL
ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 1996.
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(600.3Q)
As set forth in the Report dated June 18, 1996, from the Chief of Police Services, the contract
with Trauma Intervention Programs, Inc., a non-profit organization that assists victims of
traumatic experiences, was renewed for fiscal year 1996-97 in the amount of $3,396.72. The
Mayor was authorized to execute the contract on behalf of the City.
Proposal:
Consideration of the proposed vacation of unimproved trail easements within Lots 116, 117,
and 120 through 125 of Tract 6305, Hunt Club Phase I. The proposed vacation was initiated
by Council on May 21, 1996.
Written Communication:
Report dated June 18, 1996, from the Engineering and Building Director, recommending that
the subject easements be vacated.
Mr. Huber made an oral presentation.
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51�2119 Hear1IIY
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Vacating Trail Easements:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 96-6-18-4
EASEMENTS WITHIN LOTS 116. 117, AND 120 THROUGH 125 OF
TRACT 6305 (HUNT CLUB ESTATES) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
VACATING TRAIL EASEMENTS WITHIN LOTS 116, 117, AND 120
THROUGH 125 OF TRACT 6305.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
The Mayor and City Clerk were authorized to execute the Vacation Deed, and the City Clerk
was directed to forward the Deed and the Resolution to the County Recorder.
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Proposal:
Consideration of the draft Seven -Year Capital Improvement Program for fiscal years 1996
through 2003.
Written Communication:
Report dated June 18, 1996, from the Director of Engineering and Building, recommending
that the seven-year program be adopted, as submitted by the Capital Improvement Program
Committee.
Mr. Huber made an oral presentation. He noted that the Camino Del Avion Parkway
Landscaping project budgeted for fiscal year 1996-97 should be modified as follows: 1) The
estimate should be changed from $20,000 to $26,000; and 2) the project area limits should
be just east of Via Del Amo to just west of Descanso.
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207
Mayor Hart recommended that the following four projects be considered for inclusion in the
proposed seven-year Capital Improvement Program:
(1) The extension of Paseo Adelanto to Ramos Street if a waiver from the County is
received;
(2) The possibility of improving the RV storage lot for parking, if required in the future;
(3) Pedestrian lighting for Los Rios Street; and
(4) Infrastructure for the Northwest Open Space site.
Council Member Swerdlin noted that some of the items recommended by Mayor Hart were
intended to help expedite completion of the Los Rios Precise Plan by improving circulation
and mitigating impacts to residents from new uses in the Los Rios Historic District.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there was no response.
Continuation of Public Hearing:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried that the public hearing be continued to the meeting of July 2, 1996. Staff _
was directed to report back to the Council within 60 to 90 days regarding the items suggested
by Mayor Hart for inclusion in the CIP.
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Proposal:
Consideration of the proposed FY 1996-97 Operating Budget.
Written Communication:
Report dated June 18, 1996, from the Administrative Services Director, recommending that
public input be received and the hearing continued to the meeting of July 2, 1996. .
Mr. Scarborough made an oral presentation, noting an increase in the financial commitment
to public safety and an enhanced commitment to economic development. He noted the
$25,000 identified for visitor services; if approved staff would return in a cooperative effort
with the Chamber of Commerce to propose specific visitor services for Council review.
Ms. Pendleton gave a more detailed explanation of the proposed budget.
City Council MinuwIt
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Public Hearing:
' Notice having been given as required by law, Mayor Hart opened the Public Hearing, and the
following persons responded:
(1) Pauline Leonard, 27589 Brookside Lane, on behalf of the Mary Erickson Foundation
and San Juan Housing Advocates, expressed appreciation to City staff for their
assistance and to the Capistrano Valley News for their graphic depiction of the City's
budget situation. She noted the large amount of increased funding proposed for
Police Services and inquired whether the additional police protection was really
necessary. She supported expenditures for the City's parks and their maintenance but
opposed the sale of City -owned property to relieve debt service. She urged that
housing opportunities for low- and very low-income people be made a priority for
1996-97. She suggested that units abandoned by HUD be acquired for rental units
now. She noted that many non-profit builders are willing to assist the City in this
effort. She recommended that the rental scale in Little Hollywood be re-evaluated.
Continuation of Public Hearing:
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 July 2, 1996.
' Council recessed at 7:45 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:53 p.m. as the City Council.
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Written Communication:
Report dated June 18, 1996, from Jennifer Murray, Assistant to the City Manager,
recommending that a new Agreement with the County for animal control and shelter services
be approved for fiscal year 1996-97 at an estimated cost of $43,069.
The Assistant to the City Manager made an oral presentation.
Council Member Nash noted that the City's costs for this contract were 27% higher than for
fiscal year 1995-96. Mrs. Murray explained that the reasons for the proposed increase
included: 1) a decrease in revenue from licensing fees as a result of an increase in the number
of spayed and neutered pets, which fees are substantially discounted, and 2) delayed spending
due to the County's bankruptcy.
City Council Minutes -7- 6/18/96
209
Approval of Agreement for Animal Control and Shelter Services with the County: _
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried that the Agreement for Animal Control and Shelter Services be approved
for fiscal year ending June 20, 1997, at an estimated cost of $43,069. The Mayor was
authorized to execute the Agreement on behalf of the City.
"311110 \I 11' •
LIST lIP 1►L _ (610.30)
Written Communication:
Report dated June 18, 1996, from the Administrative Services Director, recommending that
a new City Council Policy be adopted establishing guidelines for processing vendor permit
applications and maintaining a vendor permit waiting list.
Adoption of City Council Policy:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and
unanimously carried that City Council Policy No. 013 be adopted establishing guidelines for
processing vendor permit applications and maintaining a vendor permit waiting list.
► 1 i 1 IMMURIJIUMaxL 1 _1_; •T! rt1h�
Written Communication:
Report dated June 18, 1996, from the Engineering and Building Director, recommending that
a new City Council Policy be adopted regulating the installation of speed humps in the City.
Mr. Huber noted a change to the staff report regarding signs accompanying the speed humps,
in that the bottom of the signs would be mounted 5 feet off the ground and the 15 mph speed
limit signs removed.
Adoption of City Council Policy Re- Installation of Speed Humos:
It was moved by Council Member Nash, seconded. by Council Member Campbell, and
unanimously carried that a new Council Policy be adopted regulating the installation of speed
humps in the City. Staff was authorized to include a funding program for speed humps in the
annual Capital Improvement Program.
111111 Cowl WTHam
SHERIFF'S _ . rN 600 I
Written Communication:
Report dated June 18, 1996, from the Chief of Police Services, recommending that the
proposed agreement for the provision of gang suppression services be approved with the
County Probation Department and the Sheriff's Department for a one-year period ending —
June 30, 1997, in the amount of $18,142 for the City's share.
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210
Lt. Sullivan made an oral presentation. He advised that he was notified by the County
' Probation Department this date that the even through the City of Laguna Hills had decided
to no longer participate, the City's share of the agreement in the amount of $18,142 would
not be increased.
Public Comments:
Nanette Toland, 28882 Via Leona, advised that through the efforts of the gang suppression
units in the South County area, her son's stolen bicycle was located and returned to her son.
Approval of Agreement for Gang Suppression Services:
It was moved by Council Member Jones, seconded by Council Member Nash, and
unanimously carried that the Agreement for Provision of Gang Prevention and Suppression
Services between the County of Orange and the Cities of Dana Point, Laguna Niguel, and San
Juan Capistrano be approved for the one-year period ending June 30, 1997, at a cost of
$18,142 for the City's share. The Mayor was authorized to execute the Agreement on behalf
of the City.
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Written Communication:
Report dated June 18, 1996, from the Chief of Police Services, recommending that the
' Agreement with Community Services Programs, Inc. (CSP) be approved for continued gang
prevention programs with the Cities of San Juan Capistrano, San Clemente, and Dana Point
for a one-year period ending June 30, 1997, at a cost of $40,970 for the City's share of the
Agreement.
Lt. Sullivan made an oral presentation. He noted that the statistics cited for the third quarter
of fiscal year 1995-96 (January through March) contained errors and needed to be corrected.
Mayor Hart requested that CSP's efforts in San Juan Capistrano be tracked. Lt. Sullivan
advised that Jesse Gutierrez of CSP intends to develop a program that would track the youth
that have been counseled and given direction. He noted that the June 19 edition of The Los
Angeles Times would have an article about three success stories of youth who were able to
terminate their gang affiliations and activities.
Approval of Agreement with CSP. Inc.:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that the Agreement with Community Services Programs, Inc. (CSP) be
approved for continued gang prevention programs with the Cities of San Juan Capistrano,
San Clemente, and Dana Point for the one-year period ending June 30, 1997, at a cost of
$40,970 for the City's share of the Agreement.
City Council Minutu -9- 6/19/96
211
• • • 1 • uI_►(•117.11S41QD1 71r1AN002161
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Written Communication:
Report dated June 18, 1996, from the City Clerk, advising that the Ordinance was introduced
at the meeting of June 4, 1996, 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 Jones, seconded
by Council Member Swerdlin, that the following Ordinance be adopted:
• ' ► • I no1 ul ► •W WMA
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 3, SECTION 9-3.614
OF THE MUNICIPAL CODE ESTABLISHING REVISED STANDARDS
FOR EXTERIOR LIGHTING WITHIN THE CITY.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
ADDED AGENDA ITEM
(800,50)
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried to find that this item was not available prior to publication of the Council
agenda and consideration was necessary at this time.
Written Communication:
Draft Resolution supporting the installation of directional signage in the City of Dana Point
for San Juan Capistrano.
Mr. Scarborough advised that the City's Business Task Force recommended that existing
signs in the City of Dana Point be revised to direct motorists to San Juan Capistrano.
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212
Because the signs would be located on Pacific Coast Highway, Caltrans was requested to
' incorporate within their sign program three locations for San Juan Capistrano directional
signage. He noted that the City of Dana Point was expected to adopt a similar Resolution at
their next meeting.
Adoption of Resolution Supporting Requgst for Directional Signs in Dana Point for
San Juan Capistrano:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
• ��• • •.. "•"VI •I • •'
17=1172 MIEWIT MONSOON
DANA POINT - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE
REQUEST FOR CITY OF SAN JUAN CAPISTRANO DIRECTIONAL
SIGNS LOCATED IN DANA POINT.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
' ABSENT: None
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Council Member Campbell noted her ongoing efforts to ensure the installation of
landscaping that was requested by the City.
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Council Member Jones noted the hiring of new General Manager, David Carreto,
former City Manager of Irwindale. He commended the efforts of the former General
Manager, Bill Becker, who was hired by another agency because of his expertise.
City coupon Minutes .11- 6/18/96
213
InsuranceC. Orange Cou= Joint Fire Authority (540.80) and Joint Powers
r• (170,30)
Council Member Swerdlin indicated he would provide a report back to the Council
at the meeting of July 2 on the meetings scheduled for next week.
9-000197RIMMMIMUMMMUM, :�-� - • • 1 1
Council Member Nash noted there have been no meetings.
• M I Won KIML/ • 1'1
Council Member Campbell noted that the historic jail on Los Rios Street had been locked,
preventing many visitors from taking advantage of photo opportunities. Mr. Scarborough
indicated he would investigate and report back to the Council.
2. PLEDGE OF ALLEGIANCE - MEETING OF JULY 2 1996 (610,40)
Council Member Swerdlin noted his attendance at a recent Boy Scout ceremony in which five
Scouts were presented with Eagle Scout awards. One of the Scouts, Charles Vice of San
Juan Capistrano, Troop 702, was invited by Council Member Swerdlin to lead the Pledge of
Allegiance at the July 2 Council meeting.
CLOSED SESSION (10.85)
Council recessed to a Closed Session at 8:25 p.m. for:
Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Jose Vasquez, etc., et al v. City of San Juan Capistrano;
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
Conference with Labor Negotiator per Government Code Section 54957.6, with the City
Manager m discussion with the Management Employees Unit, the Classified Employees Unit,
and other Employees.
The City Clerk was excused therefrom, and the meeting reconvened at 8:50 p.m.
LW,IJIKL@JI . •► •__• I • 1 •
Mr. Denhalter advised there was no action to report on any of the items.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:50 p.m. to the
next regular meeting date of Tuesday, July 2, 1996, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
ATTEST:
A—
WYAT T, MAYOR
City Council MinuW -13- 6/18/96