96-1001_CC_Minutes_Regular Meeting310
OCTOBER 1, 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 Reverend Jim Tracy, Gateway 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, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning
Services; Joe Arranaga, Director of Public Lands and Facilities; Al King, Director of Community
Services; Lt. Paul Sullivan, Orange County Sheriffs Department; Nancy Bernardi, Recording
Secretary.
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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Written Communications:
Report dated October 1, 1996, from the Council Services Administrator, advising that a
presentation would be made to Mike Eggers, former District Representative for Congressman
Ron Packard.
Mayor Hart read the Resolution of Appreciation. He presented the Resolution and a desk
sculpture to Mr. Eggers in recognition of his support and friendship to the City of San Juan
Capistrano during the thirteen years he represented Congressman Packard in the
Congressman's home district. Mr. Eggers expressed appreciation to the City and noted that
Mayor Wyatt Hart was the new District Representative for Congressman Packard.
City Council Minutes -1- 10/1/96
311
Written Communications:
Report dated October 1, 1996, from the City Clerk, forwarding the Proclamation
Mayor Hart presented the Proclamation to Battalion Chief Howlind.
Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner (Planning Commission), David Belardes (Cultural Heritage Commission and
Chief of the Juaneiio Indian tribe), Tom Facon and Brian Baldridge (Chamber of Commerce),
and AI Simmons (seniors liaison to the City).
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Charles Benninghoff of Equitrust, owner of Plaza De Las Golondrinas, 31411 Camino
Capistrano, submitted a written reconciliation of costs he has incurred on the Plaza De Las
Golondrinas project since the property was purchased in 1991. He stated this document
illustrates the Benninghoff family's financial commitment to clean up the blighted area at this
site, located at the northeast comer of Rancho Viejo Road and Ortega Highway. He advised
that he had been unable to find financing to begin the project and the public improvements for
the project, such as utility relocation, street widening, curbs and gutters, etc. He noted that
escrow had closed on the approved car wash use on September 4, 1996; however, Equitrust
had had to send notification to the car wash operator that Equitrust was unable to perform.
To remedy his financial situation, he suggested that the City consider redrawing the
Community Redevelopment Area boundaries to include his property, noting that the current
boundary encompasses the area across Rancho Viejo Road from his project site.
Mayor Hart directed the City Manager to review Mr. Benninghoff s request and provide a
recommendation to the City Council if feasible.
CONSENT CALENDAR
It was moved by Council Member Nash, seconded by Council Member Jones, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
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10/1/96
fii•'a
AYES: Council Members Jones, Nash, Campbell, Swerdlin and Mayor Hart
NOES: None
ABSENT: None
The List of Demands dated September 11, 1996, in the total amount of $159,843.82, was
ordered received and filed.
APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - CITY STREET
SWEEPING SEMCES (600,39)
As set forth in the Report dated October 1, 1996, from the Public Lands and Facilities
Director, the specifications for City street sweeping services and a call for bids was
authorized. The Report advised that should the bid analysis confirm savings through contract
sweeping, an award of contract would be scheduled.
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As set forth in the Report dated October 1, 1996, from the Planning Director the team of
Austin -Foust and Associates and Gordon Bricken Associates was selected to prepare the
Ortega Highway Traffic and Noise Mitigation Program. The City Manager was authorized
to execute the Agreement on behalf of the City. Services under the Agreement are to be
completed on or before June 30, 1997, at a cost not to exceed $40,192. Funding had not
been budgeted in the Fiscal Year 1996-97 Operating Budget and a transfer of $45,000 from
General Fund reserves to the Mitigation Program Study was authorized.
AGREEMENTSADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION OF
• ' TRANSPORIATIOVENW4,VCEMEXT—ACMD—THES
•11
As set forth in the Report dated October 1, 1996 from the Engineering and Building Director,
the following Resolution was adopted authorizing the City Manager to execute Program
Supplement No. M001 and Master Agreement No. 12-5372 for use of $146,100 in Federal
Funds which have been obligated for the preparation of design and construction documents
for landscape and irrigation improvements to two historic view corridors along Camino
Capistrano and the railroad tracks:
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313
RESOLUTION NO, 96-10-1-1. APPROVAL OF AGREEMENT FOR
TRANSPORTATION ENHANCEMENT ACTIVITIES FUNDING - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION
ENHANCEMENT ACTIVITIES FUNDING - PRELIXIINARY
ENGINEERING PHASE, 12-ORA-0-SJC STPLE-5372(004) HISTORIC
VIEW CORRIDORS IN SOUTH ORANGE COUNTY
The City will be obligated to provide matching funds in the amount of $36,540.
The following items were removed from the Consent Calendar and considered separately
APPROVAL OF CITY COUNCIL MINUTES OF SEPTEMBER 3. 1996
It was moved by Council Member Campbell, seconded by Council Member Nash, and unanimously
carried that the Minutes of the Regular Meeting of September 3, 1996, be approved with the
following modification: Page 9, last paragraph of the Ordinance introduction, was modified to read:
11
... and develop specifications for amplification limits at all public parks."
ADOPTION OF RESOLUTION APPROVING INSTALLATION OF "NO
PARKING AREAS" AND APPROVAL OF REQUEST FOR STOP SIGN
CONTROLS - CALLE SANTA ROSALIA (570,30/590,50)
Written Communications:
Report dated October 1, 1996, from the Engineering and Building Director, forwarding a request
from the Capistrano Gardens Homes II Homeowners Association for installation of an all -way stop
on Calle Santa Rosalia at Calle Bonita and for removal of parking in various locations along Calle
Santa Rosalia. The Report recommended approval of the parking controls and denial of the stop sign
request based on the findings that the existing conditions and operations at the intersection do not
meet recently -adopted Council Policy for installation of stop signs.
Public Comments:
(1) Kathleen Petersen, 31121 Camino Capistrano, Vice President of the Las Brisas
Homeowners Association, requested that the "No parking" areas be approved as
recommended by the Association. She felt that the stop signs requested were also
needed because of overcrowding in the neighborhood, vehicles traveling too fast, and
limited site distances.
(2) Janet Whitener, 26672 Calle Bonita (Capistrano Gardens), distributed maps to the
Council showing locations where RV's and other large vehicles park and where site
distances are hazardous at the top of the hill. She noted that in the past year her
neighborhood has become overcrowded, resulting in noise, parking, and other
City Council Minutes -4- 10/1/96
314
' impacts, similar to the problems being experienced at the Capistrano Villas. She felt
that the recommendation proposed by staff would not resolve the real problems in the
area and recommended that the stop signs be installed at the intersection to improve
site distances. She requested that staff obtain input from residents and study the
matter further.
(3) Rhen Kohan, 31061 Via Santo Tomas, requested that the stop signs be installed to
resolve problems with site distances at the blind curve in the area, even though City
staff determined there were not enough "points" to warrant the signs under the City's
policy. She noted the hazard for pedestrians crossing Santa Rosalia from the west to
the east side. She requested that some parking spaces be left available for pool users
so that they would not have to cross the street. She noted there was disagreement
within their Homeowners Association regarding the best way to resolve all of the
concerns.
Mr. Huber advised that the City's Traffic Engineer had reviewed the area in person, including
traffic flow and site distances. He felt that the recommendation proposed by staff would
resolve the existing problems with site distances at all side streets and private entrances. He
explained that the request for stop signs was denied because they did not meet the adopted
criteria for number of vehicles, site distances, pedestrians, proximity of area to schools, etc.
He added that only one accident, caused by a drunk driver, occurred on the roadway in the
' past eleven years.
Council Member Campbell inquired whether there was a City Ordinance which regulating the
parking of large vehicles. Lt. Sullivan explained that the City's Ordinance related to
commercial vehicles only, not Recreational Vehicles. Those vehicles were subject to existing
laws limiting the parking of vehicles to 72 hours. Mr. Huber stated that the proposed "No
parking" zone would move the parked vehicles away from the intersection to significantly
improve site distances.
Council Member Jones noted that he drove around the area this date. He stated that he had
to move half way into the street to see cross traffic. In addition, he expressed concern with
vehicles parked on the west side of Santa Rosalia impairing site distances. He felt that this
situation was probably very stressful for residents in the area and that these concerns should
be resolved. He noted that he would have supported the installation of stop signs, as
requested by the Homeowners Association, if staff had recommended them. He felt that signs
on both sides of Santa Rosalia could be effective if running of the signs was curtailed with
enforcement.
Council Member Nash concurred. She noted that although there has not been a history of
accidents in the area, the number of people living and using the area has increased
significantly. She suggested that the two stop signs, as well as the "No parking" zones, be
approved at the intersection.
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Mayor Hart stated that stop signs do not correct driving behavior. He noted that the City's _
criteria for stop signs was significantly more lenient than the State's and preferred to support
the staff recommendation. He noted the hard work by staff and the Transportation
Commission's in this matter and the support of their recommendation by homeowners who
attended the Transportation Commission meeting.
Approval of StopSign Installation and Resolution Establishing "No Parking" Zones:
It was moved by Council Member Nash, seconded by Council Member Jones, to approve the
installation of all -way stop signs on Calle Santa Rosalia at Calle Bonita and to adopt the
following Resolution establishing "No Parking Anytime" zones:
RESOLUTION NO, 96-10-1-2. ESTABLISHING "NO PARKING
ANYTIME" ZONE - CALLE SANTA ROSALIA - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING ANYTIME" ZONES ON
CALLE SANTA ROSALIA FROM CALLE BONITA TO CALLE SAN
PEDRO
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash and Swerdlin
NOES: Mayor Hart
ABSENT: None
PUBLIC HEARINGS
None
RECESS AND RECONVENE
Council recessed at 7:55 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:56 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
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Written Communications:
(1) Report dated October 1, 1996, from the Economic Development Administrator,
noting that $25,000 had been allocated in the Fiscal Year 1996-97 budget for visitor
services, and that staff and the Chamber of Commerce had worked to develop goals
and objectives for a Visitor's Bureau. The Report summarized the proposed goals and
City Council Minutes -6- 10/1/96
316
forwarded a Memorandum of Understanding which provided that the City would
' contribute $25,000 to the Chamber for use in promoting the community and carrying
out activities consistent with the stated goals and objectives for the Visitor's Bureau.
(2) Memorandum dated September 30, 1996, from the Economic Development
Administrator, forwarding a revised Memorandum of Understanding to reflect more
specificity with regard to insurance requirements for the Chamber of Commerce.
Mechelle Lawrence, Economic Development Administrator, made an oral
presentation.
Public Comments:
(1) Tim Bolen, publisher of The Swallow's Tale, indicated his support of the proposal
because he felt that tourism was the salvation of the community and that the proposed
program was a step forward in improving tourism. He noted he and his wife own a
visitor's information rack inside of the Mission that would directly compete with the
information rack proposed for outside of the Mission. He offered to work with the
Mission on this, believing that a rack placed outside would be prone to vandalism.
He urged the City to commit more money to support this effort.
(2) Tom Facon, Executive Director of the Chamber, expressed appreciation to staff for
their assistance. He indicated that the Chamber intended to work with the Mission
as a team to reduce costs and coordinate functions. He emphasized the importance
of providing visitor information in the community, which has been lacking in the past.
He indicated his support of the staff recommendation.
Approval of Goals and Memorandum of Understandine:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried to endorse the proposed goals for a Visitor's Bureau and to approve the
Memorandum of Understanding between the City and the Chamber for the provision of visitor
services in accordance with the goals and objectives for a Visitor's Bureau. Funding in the
amount of $25,000 was allocated for funding of the Bureau for fiscal year 1996-97. The City
Manager was authorized to execute the MOU on behalf of the City.
Written Communications:
Report dated October 1, 1996, from the Economic Development Administrator, forwarding
preliminary design concepts for a downtown lighting program which would use a combination
of lighting, as directed by Council on August 20, 1996. The Report recommended the
concepts be reviewed by the Design Review Committee and Planning Commission to further
define details such as materials, color, height, additional features and pole style.
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317
Mechelle Lawrence, Economic Development Administrator, made an oral presentation.
Drawings of the proposed fixtures and photographs of bollard samples were on display.
Council Member Nash felt that none of the fixtures proposed were appropriate as they were
not the carriage style of fixture that developers have been required to install in the downtown
area over the last twenty years. She stated that the carriage style is more traditional in
keeping with the historic downtown area and more compatible with the City's character and
historic buildings. She noted that carriage style fixtures were recently approved for the
parking lots along El Camino Real. She recommended that this matter be referred to the
Design Review Committee for review to ensure alternative fixtures were compatible with the
carriage style of fixture. She further felt that the goal of the City's Business Task Force was
to have pedestrian -oriented and pedestrian -scaled lighting, with a height limit of 8 to 10 feet,
used in combination with bollards and building -mounted fixtures. She also felt the goal had
been to vary lighting in the downtown to highlight the different areas.
It was moved by Council Member Nash that alternative styles of fixtures similar to the
carriage style be referred to the Design Review Committee for review and comment, and that
the height of the fixtures be limited to a maximum of 10 feet.
Council Member Jones noted that the lighting plan for the downtown area already contains
an eclectic mix of fixtures. He expressed concern that 10 -foot high poles would be prone to
vandalism and be more costly because of the need for additional poles. He noted that the
Vermeulen's Center had incurred problems with lower light poles. Council Member Campbell
concurred with the comments made by Council Members Nash and Jones. She suggested that
a Council worksession be held in the evening to see samples of the fixtures and their proposed
locations. Council Member Swerdlin preferred an eclectic mix of fixtures, including heights,
to invite pedestrian activity in the downtown area.
Mayor Hart recommended that the Council's comments be provided to the Design Review
Committee and the Planning Commission for consideration instead of giving them a set of
criteria.
Council Member Nash withdrew her motion. She suggested that a joint worksession be held
with the Council and the Design Review Committee to review examples of the fixtures.
Council Member Campbell recommended that the downtown merchants be invited to provide
their input as well.
Direction to Staff Re- Review Process for Pedestrian Lid ting Fixtures in the
Downtown Area:
It was moved by Council Member Jones, seconded by Council Member Nash, and
unanimously carried that the conceptual designs for pedestrian lighting fixtures in the
downtown area, the Council's comments, and a list of estimated costs for various options,
including pole height, be referred to the Design Review Committee and the Planning
Commission for review and recommendations.
City Council Minutes -8- 10/1/96
318
3. mEMORANDLTM OF UNDERSTANDING FOR C I F."
RESPONSIBILITTES FOR THE MONTANEZ ADOBE (EROPERSI AND
/HI I► • (600,30)
Council Member Jones noted his abstention in this matter due to a potential conflict of
interest due to the proximity of his residence/business to the subject property.
Written Communications:
(1) Report dated October 1, 1996, from Jennifer Murray, DPA, Assistant to the City
Manager, suggesting two options for Council consideration regarding curation
responsibilities for the Montanez Adobe, located in the Los Rios Historic District at
31745 Los Rios Street: 1) refer the draft Memorandum of Understanding (MOU) to
the Cultural Heritage Commission for review and recommendation; or, 2) authorize
the City Manager to sign the Memorandum. The proposed Memorandum of
Understanding would designate Mr. David Whittington and Ms. Rita Tanner Propersi
as volunteer curators of the Montanez Adobe for public viewing. Under the
agreement, they would receive no compensation; however, the City would agree to
pay the cost of basic monthly service, pay reasonable costs associated with securing
the necessary insurance, and reimburse the curators for actual costs of improvements
of the property for which the City has granted prior written approval.
(2) Memorandum dated September 20, 1996, from David Whitting and Rita Tanner
Propersi, providing an update on activities and the Montanez Adobe.
Jennifer Murray, DPA, Assistant to the City Manager, made an oral presentation. She noted
that the draft Agreement was given to the Cultural Heritage Commission, the Walking Tour
Guides, and other interested individuals in the community.
Public Comments:
(1) David Whittington, interim curator for the Montanez Adobe, expressed appreciation
to the City Council and staff for their support and assistance. He noted the letter he
submitted outlining their progress to date and positive comments received from
visitors to the Adobe.
(2) Anita Gilmore, 31211 Calle Del Campo, noted she has lived in San Juan Capistrano
since 1986. She commended the improved appearance of the Adobe as a result of
Mr. Whittington's and Ms. Tanner Propersi's efforts. She urged that the Adobe be
kept open to the public and indicated her support of the staff recommendation.
(3) Lorie Porter, 27371 Ortega Highway, Chairman of the Walking Tour Guides, advised
there had been dissension between the new curators and the Tour Guides. She
summarized the background and activities of the Guides, noting that the Adobe has
been one of the sites on their tours for many years. She advised that the Guides
' donated the furniture for the Adobe, conducted research, installed the security system,
City Council Minutes -9- 10/1/96
319
and assisted in repairing the Adobe's walls. Despite a meeting with the City Manager,
she stated that both parties have failed to reach a compromise, and the Guides oppose
the proposed MOU. She noted that the Adobe is a treasure to the Guides, and they
want to continue to use it. However, she advised that the Guides lack the necessary
personnel to keep it open during the day. She requested that a forum be held to allow
the Guides to air their concerns to the new curators and reach a compromise
agreement.
Mayor Hart emphasized that both parties have the same goal to preserve the Montanez
Adobe. He suggested that the new curators work with the Walking Tour Guides as a team
to resolve their differences. He invited both parties to attend a meeting with the Mayor—to
include two members of the Cultural Heritage Commission, two Walking Tour Guides, and
other interested persons—to try and resolve the outstanding issues. He noted that the new
curators have agreed to join the Walking Tour Guides and attend their meetings, as requested
by the Guides, to ensure that the history being told about the Adobe is correct.
(4) Rita Tanner Propersi, interim curator for the Adobe, assured that the Adobe was in
gentle hands with the new curators. She advised that their purpose as curators was
to share the Adobe's history with the community and ensure continued education,
historic preservation, and restoration of the structure. She expressed disappointment
that the Walking Tour Guides have been unwilling to cooperate and share their
extensive knowledge of the Adobe with the new curators. She emphasized that no
special interest group, organization, or "hidden agenda" were involved in the new
curation responsibilities, noting that the Adobe belongs to the entire community. She
indicated her willingness to meet with the Guides and work with them, noting that the
new curators have always given credit to the Guides for their contributions and
participation in preserving the Adobe. She stated that although her vision for the
Adobe may differ from that of the Guides', her intent was to bring alive the
structure's historic past. She urged that the proposed MOU be approved so that the
efforts of the new curators can move forward.
Mayor Hart felt that the draft MOU should be referred to the Cultural Heritage Commission
for review and comment to ensure that the ultimate decision reached is the best one for the
community and not for any one group or entity. Council Member Campbell urged that a
"spirit of working together" in this matter be emphasized.
Referral of Memorandum of Understanding to Cultural Heritage Com -mission:
It was moved by Mayor Hart, seconded by Council Member Nash, that the draft
Memorandum of Understanding for curation services at the Montanez Adobe be forwarded
to the Cultural Heritage Commission for review and comment. All parties were urged to
work together in a spirit of cooperation. The motion was carried by a 4-0-1 vote, with
Council Member Jones abstaining.
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Written Communication:
Report dated October 1, 1996, from the Planning Director, recommending that a standing
Housing Advisory Committee be established for the purpose of soliciting program ideas for
future grant applications and assisting staff and the Council in identifying specific housing
needs in the community. Staff proposed that the Committee be comprised of one member
appointed by the Planning Commission, one member appointed by the Mobile Home Park
Review Committee, one member appointed by the City Council from the designated
Neighborhood Preservation Program neighborhoods, and two members appointed by the City
Council from the community -at -large.
Mr. Tomlinson made an oral presentation. He noted that no compensation for Committee
members was recommended at this time.
Public Comments:
(1) Jessica Dean, 27032-C Paseo Burladero, speaking on behalf of the Mary Erickson
Foundation, supported the staff recommendation, particularly since the City will begin
applying for grant money from the State in the near future. She indicated that the
Mary Erickson Foundation was willing to cooperate fully with the efforts of this
Committee.
Introduction of Ordinance Establishing a Housing Advisory Committee:
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 Nash, seconded
by Council Member Jones, that the following Ordinance be introduced:
AN AMENDMENT TO TITLE 2 CHAPTER 2 ARTICLE 2 OF THE
MUNICIPAL CODE ENTITLED HOUSING ADVISORY COMMITTEE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 2, CHAPTER 2, ARTICLE 2,
ESTABLISHING HOUSING ADVISORY COMMITTEE
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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321
Written Communication:
Report dated October 1, 1996, from the Community Services Director, advising that staff had
evaluated the City's marketing and promotional program associated with the City's brochure
and recommended development of a target marketing program. A project team had been
formed to develop recommendations for re-evaluating the current public information
distribution program involving both the City News and the current Community Services
Brochure. The current request for proposal for the brochure limited the term of the contract
to one year due to potential changes that may be made based on the project team's
recommendations.
Approval of Specifications and Authorization to Receive Bids:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the specifications be approved for a one-year contract to produce
the San Juan Capistrano Community Services brochure. Staff was authorized to solicit bids.
ORDINANCES
None.
COUNCILMANIC ITEMS
Council Member Campbell noted that she has statistical information available on the
corridors, including the number of square miles for animals and the amount of cement
that was poured. She advised that at a later date she would share her ideas with
Council obtained from her trip to Vancouver, British Columbia, Canada.
b. gigue of California Cities (140.20)
Mayor Hart advised that the League was still working on the proposal for an airport
at the former El Toro Marine Corps Air Station.
Council Member Jones indicated the General Manager had attended a meeting in San
Diego recently to support the City's position that SERRA's operation was going well,
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322
despite the situation with the Capistrano Beach Water District. He noted that the
' National Pollution Discharge Eliminator Services verified that the SERRA plant was
a state-of-the-art operation.
d. San Juan Basin AuthoLb (1050.60)
Council Member Jones noted that the litigation with the Capistrano Beach Water
District was delayed for two weeks because of the settlement hearing.
Council Member Swerdlin advised that contract negotiations, a confidential issue,
were still ongoing.
Council Member Swerdlin advised that the agency was reviewing appeals and claims
and would be meeting with the General Manager on October 4, 1996, to discuss
possible expansion to provide better coverage for participating cities.
Council Member Nash advised that at the meeting held on September 30, a report was
given by the consultant hired by the County regarding the disposition of the County's
landfills. She noted that a comprehensive document was submitted containing non-
specific options for forwarding to the County Board of Supervisors. She advised that
the County Board of Supervisors intends to decide on the matter by November 20,
1996. In the interim, the Commission will hold another meeting to discuss and make
recommendations to the Board sometime in October.
[91811KI411 IF40110UNKM
Council Member Nash commented on the poor appearance of the former Tiny Naylor's
property on Del Obispo Street and inquired whether actions had been taken to require the
property owner to comply with the City's Ordinances.
Mr. Scarborough advised that a project for the site was in the planning process. He stated
that the Planning Director contacted the property owner regarding maintenance of the site,
and the property owner indicated his commitment to cleaning the site up within the next few
days, including repair of the fence.
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323
Council Member Nash felt that the fence should be removed. Mr. Huber noted that several
years ago the City required the property owner to install the fence to prevent traffic from
accessing the adjacent gas station from the site. Council Member Nash felt that the fence
could still be moved back around the building, with barriers placed along the driveway.
Mr. Scarborough indicated he would forward that request to the property owner to have the
fence move further into the site to reduce the amount of fencing.
2. SITE DISTANCE CONCERNS•' •' I • CAPISTRANO
(570,30)
Council Member Jones expressed concern regarding the poor site distance exiting Yorba and
Forster Streets to tum left onto Camino Capistrano. He noted that parking is permitted right
up to the comer and that a pickup truck is parked at the Yorba corner every day. He stated
these conditions prevent motorists from seeing vehicles existing the Franciscan parking
structure. He suggested that staff investigate the possibility of removing two parking spaces
to resolve the hazards.
Council Member Jones expressed strong concerns about the appearance of the wall being
restored in front of the Mission. He suggested that the City take the initiative to erect
something to hide wall's condition and to encourage the Mission have it repaired as soon as
possible. Mr. Scarborough noted that there have been extensive discussions regarding this
issue, and the Mission was working with Congressional and State Assembly representatives
to try and obtain funding to repair the wall. He advised that Mission representatives were
optimistic that the wall would be repaired by the end of this year. He indicated that staff
would provide an update on the status of the wall repair.
Council Member Jones suggested that Mission representatives be encouraged to work with
the downtown restaurant merchants to address their concerns regarding the loss of business
due to the lack of parking during special events at the Mission. Mr. Scarborough noted that
the Mission has been using local restaurants to cater the special events.
ONEURIVI- l_.. • ••' • 1 1
Council Member Jones noted that former Mayor Lawrence Buchheim donated $250 toward
the restoration of "Polonia's Walk" at the Montanez Adobe and a total of $3,700 for work
in the Los Rios Historic District over the last few years.
CLOSED SESSION
Council recessed to a Closed Session at 9:15 p.m. for:
City Council Minutes
14-
1151THOI
n
Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Torry Wanket Construction 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;
Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Unit; and
4. Public Employee Performance Evaluation, per Government Code Section 54957, position
being reviewed is City Attorney.
The City Clerk was excused therefrom, and the meeting reconvened at 10:21 p.m.
FAN
1♦11190111h 1_ I__ 1
The City Attorney advised there was no action to report on any of the items.
• I 1 ; ► 'hM
There being no further business before the Council, the meeting was adjourned at 10:21 p.m. to the
next regular meeting date of Tuesday, October 15, 1996, at 7:00 p.m. in the City Council Chambers.
Respectfully submitted,
Lai so 1:1 IM W Lei'./ 1
ATTEST:
City Council Minutes
-15-
10/1/96
324