96-0903_CC_Minutes_Regular Meeting284
SEPTEMBER 3, 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 7:02 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Whitney White, Assembly Member, Baha'i
Faith/Local Spiritual Assembly of San Juan Capistrano.
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; AI King, Jr., Community Services Director; Lt. Paul Sullivan,
Chief of Police Services; Nancy Bernardi, Recording Secretary.
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously
carried that all Ordinances be read by title only.
Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner and Bill Sonka (Planning Commission), Ed Johnson (Transportation
Commission and Mobile Home Park Review Committee), Pauline Leonard (Parks,
Recreation, and Equestrian Commission), Bill Hardy and Don Tryon (Cultural Heritage
Commission), Mary Rose Winkler (Mobile Home Park Review Committee), Tom Facon
(Chamber of Commerce), and Al Simmons (seniors liaison to the City).
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WrITZ"IT W1 1170" 10 113NOW414 Ulu SON] R11 WaLION"JIMPID12
I. LITTLE HOLLYWOOD HOUSING (430.30)
Reuben Yorba, 26604 Mission Street (Little Hollywood), submitted his letter dated
September 3, 1996, requesting that he and his family be considered for tenancy in the new
three-bedroom house being rehabilitated at 26603 Mission Street in order to meet the needs
of his growing family. He explained that his present home was supposed to have been
constructed with two bedrooms, but was constructed with only one because of limited
funding. He noted that his family has resided in San Juan Capistrano for over 200 years.
Ms. Pendleton noted that a meeting was scheduled next week to discuss occupancy of the
new three-bedroom unit. Mayor Hart encouraged Mr. Yorba to pursue his request through
the application process. Council Member Jones requested that staff keep in mind that housing
in the Little Hollywood area was always intended to give preference to residents who have
historic roots in San Juan Capistrano.
2. STOP SIGN POLICY (610.30)
Bill Dokos, 27791 Camino La Ronda, spoke regarding the Consent Calendar item on the
proposed Council Policy to establish procedures for processing citizens' requests for the
installation of stop signs. He stated that existing traffic problems and the potential for
increased traffic in the future from new development are of strong concern to residents in his
neighborhood. He requested that the proposed Council Policy not be so restrictive as to deny
requests for stop signs where they are truly needed.
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Dr. Ken Friess, 31506 Paseo Christina, spoke regarding the circulation problems on San Juan
Creek Road, particularly with the ingress and egress of vehicles at Ambuehl Elementary
School and the newly opened Tutor Time Preschool. He stated that it appeared that
improvements had only been partially completed. He noted his impression that the new
preschool had been approved with the understanding that a new right turn lane would be
constructed. If the lane had been constructed per plans, he requested that the lane be
extended to the comer; if funding for the lane was an issue, he urged that the City locate the
funds necessary to complete the job properly.
Council Member Campbell concurred with Dr. Friess' comments.
Mr. Huber advised that the Tutor Time project had been conditioned to provide the new right
turn lane and indicated he would speak with the property owner day to review the plans for
improvement.
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' CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Campbell, 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, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING* OF
AUGUST 6. 1996
The Minutes of the Regular Meeting of August 6, 1996, were approved with the following
modification requested by Council Member Campbell: Page 13, first paragraph under Council
Discussion, first line was modified as follows: "Council Member Campbell felt that internally
illuminated signs would not necessarily be visually obtrusive, ... "
2. RECEIVE AND FILE WARRANTS OF AUGUST 14. 1996 (300,30)
' The List of Demands dated August 14, 1996, in the total amount of $450,274.24 was
received and filed.
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The City Treasurer's Report of Cash Fund Balances for the month of July 1996 in the total
amount of $-312,944.31 was received and filed.
1351 MWITUl 21 •' ._uIN• •IN I . • 1 1
As set forth in the Report dated September 3, 1996, from the Public Lands and Facilities
Director, the following Resolution was adopted accepting the completion of the 1996 Weed
Abatement Program for the City by Stewart & Associates:
RESOLUTION NO, 96-9-3-1. COMPLETION OF 1996 WEED
ABATEMENT PROGRAM (STEWART AND ASSOCIATES) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE 1996
' WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES)
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The Resolution accepted the work as complete in the amount of $15,959.96 and directed the
City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized
to release the 10% retention in the amount of $1,595.99 thirty (30) days after recording the
Notice of Completion.
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As set forth in the Report dated September 3, 1996, from the Engineering and Building
Director, the contract for the installation of landscaping along La Novia Avenue east of Valle
Road was awarded to the lowest responsible bidder, Russell's Site Contracting, Inc., in the
amount of $33,000. All other bids were rejected. The Mayor and City Clerk were authorized
to execute the contract on behalf of the City.
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As set forth in the Report dated September 3, 1996, from the Engineering and Building
Director, the contract to correct surface drainage problems at Capistrano Terrace Mobile
Home Park was awarded to the lowest responsible bidder, R. J. Noble Company, in the
amount of $58,895.25. All other bids were rejected. The Mayor and City Clerk were author-
ized to execute the contract on behalf of the City.
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As set forth in the Report dated September 3, 1996, from the Engineering and Building
Director, the Council Policy was adopted establishing the processing of citizens' requests to
install stop signs.
APPROVAL • • _i • s_MIN• REAL SOUTHOF ORTE
HIGHWAY• •
As set forth in the Report dated September 3, 1996, from the Engineering and Building
Director, the following Resolution was adopted approving the request by the owner of the
Mission Promenade to establish a "Loading Zone" and authorizing the removal of the "Three -
Hour Parking - 7 a.m. to 6 p.m." zone on El Camino Real south of Ortega Highway:
City Council Minu[
RESOLUTION NO, 96-9-3-2. ESTABLISHING "LOADING ZONE" AND
REMOVING 3 -HOUR PARKING ZONE - WEST SIDE OF EL CAMINO
REAL SOUTH OF ORTEGA HIGHWAY - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "LOADING ZONE" AND
REMOVING "THREE HOUR PARKING - 7 A.M. TO 6 P.M." ON EL
CAMINO REAL
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' PUBLIC HEARINGS
None.
Council recessed at 7:22 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:10 p.m. as the City Council.
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Council Member Jones indicated he would abstain in this matter due to a potential conflict of interest
relating to the proximity of his residence/business to the present Solag facility.
' Written Communication:
Report dated September 3, 1996, from Douglas Dumhart, Management Analyst II,
recommending approval of Solag Disposal's request that the City grant a 90 -day extension
to the noticing period for the City's "right to terminate" the franchise agreement. The Report
also recommended that during this interim period, staff be authorized to negotiate a ten-year
extension of the contract with Solag guaranteeing lower rates for service.
Mayor Hart noted the correspondence dated August 29, 1996, from Judith Ware, of Ware
Disposal regarding Ware Disposal's request to provide construction and demolition,
temporary bin and compactor solid waste services to the City. He requested that City staff
meet with Ware Disposal and Mr. Trulis on this matter.
Approval ofExtension to Noticing Period and Authorization to Negotiate Revisions
to Franchise Agreement:
It was moved by Council Member Nash, seconded by Council Member Swerdlin, to grant the
request for a 90 -day extension of the noticing period for the City's "right to terminate" the
franchise agreement with Solag Disposal to December 31, 1996. Staff was authorized to
negotiate a flat ten-year extension of the contract with Solag guaranteeing lower rates for
service until 2007, provided the City can achieve a rate lower than $12.98. The motion was
carried by a 4-0-1 vote, with Council Member Jones abstaining due to a potential conflict of
interest.
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Written Communication:
Report dated September 3, 1996, from the Administrative Services Director, recommending
that the proposed Reimbursement Agreement with Toyota Motor Sales USA, Inc., be
approved for a portion of the costs to underground the utility and cable lines along the
frontage of the Toyota dealership property adjacent to Camino Capistrano. The proposed
Reimbursement Agreement would require Toyota to install the improvements and pay costs
associated with the relocation of the lines; the City would reimburse Toyota the difference
between the relocation costs and undergrounding costs, estimated to be $131,000. The
reimbursement would be made in an amount equal to a portion of the sales tax proceeds
generated by the project. The Reimbursement Agreement would remain in effect until all
work was completed and the reimbursement had taken place, but in no event longer than 5
years.
Approval of Reimbursement Agreement:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried that the Reimbursement Agreement with Toyota Motor Sales USA, Inc.,
be approved as proposed for a portion of the costs to underground the utility and cable lines
along the frontage of the Toyota dealership property adjacent to Camino Capistrano. The
Mayor was authorized to execute the Agreement on behalf of the City.
I INITIATION PROCESS - ESTABLISHMENT OF A HOUSING ADVISORY
• MuI (430,50)
Written Communication:
Report dated September 3, 1996, from the Planning Director, recommending that staff be
authorized to prepare an amendment to Title 2 of the Municipal Code to establish a standing
Housing Advisory Committee. Proposed responsibilities of the Committee include the
solicitation of programs for future grant applications and assisting City staff and the Council
in identifying specific housing needs in the community. Staff recommended the Committee
be composed of one member from the Planning Commission, one member from the Mobile
Home Park Review Committee, one member (resident) from the designated Neighborhood
Preservation Program neighborhoods and two members selected at -large from the
community.
Council Member Nash inquired whether the proposed Committee would include the City's
housing consultant, Debbie Dimu, to ensure there is a housing professional on the Committee.
Mr. Tomlinson suggested that she could either be appointed as a member to the Committee
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-6- 9/3/96
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' or provide staff support. Council Member Jones preferred that the consultant provide
direction to the Committee rather than serve as a member since the members should represent
the community.
Public Comments:
(1) Jessica Dean, 27032-C Paseo Burledero, member of the San Juan Housing Advocates
and the Mary Erickson Foundation Board of Directors, voiced her strong support of
the proposed Committee.
Authorization to Initiate Code Amendment Process:
It was moved by Council Member Jones, seconded by Council Member Nash, and
unanimously carried that staff be authorized to prepare an amendment to Title 2 of the
Municipal Code to establish a standing Housing Advisory Committee and setting forth its
duties and responsibilities. Staff was directed to advertise for future position openings.
Written Communication:
Report dated September 3, 1996, from the Community Services Director, forwarding a list
of recommendations received from the community, and the Cultural Heritage Commission,
for naming the new neighborhood park site located at San Juan Creek Road and Camino
Lacouague. The Parks, Recreation and Equestrian Commission had recommended that the
name "San Juan Creek Neighborhood Park" be approved.
Council Member Campbell noted that one of the new baseball fields at the Sports Park had
been named in honor of former Mayor/Council Member Gary Hausdorfer, and felt that Dr.
Ken Friess, also a former Mayor/City Council Member, should be similarly honored.
However, despite the large number of residents who supported naming the new park site after
Dr. Friess, she felt that a more appropriate way to honor him should be investigated.
Approval of Name for San Juan Creek Park Site:
It was moved by Council Member Nash, seconded by Council Member Jones, and
unanimously carried that the new neighborhood park site located at San Juan Creek Road and
Camino Lacouague be named "San Juan Creek Neighborhood Park."
Written Communication:
Report dated September 3, 1996, from the Community Services Director, recommending that
' the proposed Administrative Policy be adopted establishing use regulations and procedures
for the Historic Town Center Park.
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Council Member Jones inquired whether consideration had been given to identifying a
mechanism that would recoup any of the City's out-of-pocket costs for repairs, cleanup, etc.
after a group has used the park site, such as requiring a cashier's check from users of the site
to be placed in an escrow account. Mr. King advised that the City currently has a program
requiring a deposit for use of a public site; however, he stated that the policy could be
expanded to increase the amount of the deposit in relation to the use, to be refunded in a
timely manner.
Public Comments:
B. J. Scott, 26422 Brookfield Road, representing Tom Scott of the South Orange County
Community Theater, noted that the Theater would begin its 5th season next week. She
advised that the Theater wished to present the play, "Twice Begun," regarding the founding
of the Mission San Juan Capistrano, at the park site on the evenings of October 11 through
October 27, 1996. She expressed the hope that the Theater and City could work together so
that the Pageant could be presented in the Historic Town Center Park.
Adoption of Administrative Policy Re: Use Regulations and Procedures for Historic
Town Center Park:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the Administrative Policy be adopted as submitted establishing use
regulations and procedures for the Historic Town Center Park, effective immediately.
R1�•I�F.`f �;3�L L•Lx.�
Written Communication:
Report dated September 3, 1996, from the Chief of Police Services, recommending that an
Ordinance be introduced amending the Municipal Code regarding the use of public parks and
facilities to address safety concerns and to consolidate use regulations for all of the City's
parks and facilities under one Ordinance.
Lt. Sullivan noted that the amendment would make the regulations easier to understand and
would provide for more consistent enforcement. He noted that prohibitions on the use of
fireworks, building of campfires, and possession of dangerous weapons and controlled
substances, had been added for public safety purposes, as well as a prohibition against
unauthorized camping.
Council Member Nash expressed concern that the proposed Ordinance lacked specific noise
limits for amplification at the City's parks and facilities. Mr. Scarborough explained that
acceptable noise levels differ in various parts of the City, and the proposed provisions would
provide the City with the flexibility needed to ensure appropriate levels for the area impacted
on a case-by-case basis. He noted that amplification issues for the new Sports Park would
be addressed in a separate document. Council Member Nash noted there have been
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occurrences where groups with approved amplification permits have produced music too loud
for the area surrounding their function; e.g., a recent Shop and Dine program. She expressed
concern about potential impacts from amplification in the Historic Town Center area and felt
that specific standards should be included so that establishment of an amplification level was
not an arbitrary decision. Mr. Scarborough explained that the proposed provision was
intended to be arbitrary, noting that the City's current Special Activities Permit has a
mechanism that addresses this issue and would not be affected by this Ordinance. However,
he suggested that staff, with technical assistance from the City's noise consultant, further
evaluate how amplification permits are processed in the City. Council Member Nash
suggested that staff also consider adding specification limits for the amplification's power
source and urged that any requests for amplification currently being considered be carefully
reviewed. She emphasized that the present Ordinance did not regulate amplification at the
new Sports Park.
introduction of Ordinance Amending Title 5 Use of Public Parks and Facilities:
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 Campbell,
seconded by Council Member Swerdlin, that the following Ordinance be introduced:
AbEhMING TITLE 5 CHAPTER 21 OF THE MUNICIPAL CODE - USE
OF PUBLIC PARKS AND FACILITIES - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE
5, CHAPTER 21 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
RELATING TO USE OF PUBLIC PARKS AND FACILITIES.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
Staff including the City's noise consultant, was directed to conduct additional evaluation on
how amplification permits are processed in the City and specifications-for-powenseurce&
develop specifications for amplification limits at all public parks.*
' Council Member Jones noted that actions from the meeting scheduled for
September 12 would be provided to the Council in their slots.
*amended by Council 10/1/96
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San Juan Basin Authoyty (1050,60)
Council Member Jones noted that his report on actions taken was given at the Water
Board meeting earlier.
C. Joint Powers Insurance Authority (170.30)
Council Member Swerdlin noted there was nothing significant to report from the
meeting held August 25.
Wwwaa 03 DOT4 513V 1113
Council Member Nash requested that the City Manager and the City Attorney determine what
measures should be taken to urge Payless Carpets to comply with the City's sign regulations.
She also noted that the former Tiny Naylor's site owned by Mr. Schwartz needed
maintenance.
2. ROSTER 010.40)
Council Member Campbell requested that staff provide the Council with current roster of all
City board members and commissioners in the Council's agenda notebook.
CLOSED SESSION (610,85)
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Campbell, seconded by Council Member Nash, 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
City of San Juan Capistrano v. Vanderlinden, etc., et al.
Council recessed to a Closed Session at 8:57 p.m. for:
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;
2. Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Unit; and
3. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as City of San Juan Capistrano v. Vanderlinden, etc., et al.
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' The City Clerk was excused therefrom, and the meeting reconvened at 9:45 p.m.
COUNCIL ACTIONS FOLLOWING CLOSED SESSION
Mr. Denhalter advised there was no action to report on any of the items.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:50 p.m. to the
next regular meeting date of Tuesday, September 17, 1996, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOHNSOWCITY CLERK
ATTEST:
' /� a& ��Aa&t
WYAT T, MAYO
City Comcil Minu[ -11- 9/3/96