95-0103_CC_Minutes_Regular Meeting001
' JANUARY 3, 1995
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 Nash at 7:07 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Jim Tracy of the Capistrano Church of the
Nazarene.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David Swerdlin, 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; 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 Hart, and unanimously
carried that all Ordinances be read by title only.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENC3I
None.
INTRODUCTION OF COMMISSIONERS (110.10)
Council Member Campbell
1vIxqmxXAlthintroduced the following Commission representatives in attendance: Mike Rosenberger
and Bill Sonka (Transportation Commission), Mary Rose Winkler (Mobile Home Park Review
Committee), John Greiner (Planning Commission), David Belardes (Cultural Heritage Commission).
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:
*Amended by Council 2/7/95
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002
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES
a. Regular Meeting of November 15. 1994
The Minutes of the Regular Meeting of November 15, 1994, were approved as
submitted. Council Members Hart and Swerdlin abstained.
b. Regular Meeting of December 6, 1994
The Minutes of the Regular Meeting of December 6, 1994, were approved as
submitted. Council Members Hart and Swerdlin abstained.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES
a. Regular Meeting of November 15. 1994
The Minutes of the Regular Meeting of November 15, 1994, were approved as
submitted. Directors Hart and Swerdlin abstained.
b. Regular Meeting of December 6. 1994
The Minutes of the Regular Meeting of December 6, 1994, were approved as
submitted. Directors Hart and Swerdlin abstained.
3. RECEIVE AND FILE WARRANTS OF NOVEMBER 28 AND DECEMBER 8-
1994 ,300.301
The List of Demands dated November 28, 1994, in the total amount of $392,621.46 and the
List of Demands dated December 8, 1994, in the total amount of $101,840.30 were received
and filed.
4. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS
OF NOVEMBER 1994 (350.30)
The City Treasurer's Report of Investments as of November 30, 1994, in the total amount of
$13,901,101.86 was received and filed.
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Recess to Closed Session:
The Council recessed to a Closed Session at 7:11 p.m. for a Conference with Legal Counsel,
Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to
litigation in this matter. Council Member Jones advised that he would attend the Closed Session for
his information only but would not participate. The Board reconvened at 8:15 p.m.
Mr. Denhalter noted that Council Member Jones had a potential conflict of interest in this matter and
would not participate because of the proximity of his residence/business to the subject site and
because he had business dealings with the proposed lessee.
Proposal:
Consideration of a request by Trackside Dining, Inc. to assign its existing lease with the
Community Redevelopment Agency to Rancho Capistrano Limited Partnership, beginning
February 1, 1995, for the operation of a Rancho Capistrano style restaurant. Proposed terms
' included: an initial 5 -year lease with two 5 -year options; a minimum monthly rent for the first
five years of $3,500 against 6% of the gross revenues; reimbursement by the CRA to the
Lessor for up to $100,000 in tenant improvement costs, financed from the monthly rental
income exceeding the minimum rent of $3,500; commencement of rent on February 1, 1995,
or upon the opening of the restaurant, whichever occurred first; and, assumption of full
liability and responsibility for the site by Rancho Capistrano Limited Partnership upon
execution of the First Amendment. The proposed Settlement Agreement between Trackside
Dining and the Community Redevelopment Agency would release both parties from any
existing and future claims. The Agency would pay Trackside Dining $50,000 and waive any
obligation for payment of past -due rent totaling approximately $25,000.
Written Communications:
(1) Report dated January 3, 1995, from Cassandra Walker, Community Development
Manager, recommending that the proposed First Amendment to the Depot Lease
Agreement with assignment to Rancho Capistrano Limited Partnership, and the
Settlement Agreement with Trackside Dining, Inc., be approved.
(2) Memorandum dated January 3, 1995, from the City Clerk, forwarding a petition
submitted by Ann Williams -Utter requesting that the Golden Eagles be allowed to
continue playing their Dixieland music at the Depot on weekends under the new
management.
' Cassandra Walker, Community Development Manager, made an oral presentation.
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PUBLIC HEARINGS
'
I. JOINT PUBLIC HEARING
WITH THE
COMMUNITY REDEVELOPMENT
AGENCY - FIRST AMENDMENT
TO THE
DEPOT LEASE AGREEMENT
WITH ASSIGNMENT TO
RANCHO CAPISTRANO
LIMITED PARTNERSHIP
AND SETTLEMENT
AGREEMENT WITH TRACKSIDE DINING_ INC.
(CAPISTRANO DEPOT_
26701 VERDUGO
STREET) Goo, ib)
Recess to Closed Session:
The Council recessed to a Closed Session at 7:11 p.m. for a Conference with Legal Counsel,
Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to
litigation in this matter. Council Member Jones advised that he would attend the Closed Session for
his information only but would not participate. The Board reconvened at 8:15 p.m.
Mr. Denhalter noted that Council Member Jones had a potential conflict of interest in this matter and
would not participate because of the proximity of his residence/business to the subject site and
because he had business dealings with the proposed lessee.
Proposal:
Consideration of a request by Trackside Dining, Inc. to assign its existing lease with the
Community Redevelopment Agency to Rancho Capistrano Limited Partnership, beginning
February 1, 1995, for the operation of a Rancho Capistrano style restaurant. Proposed terms
' included: an initial 5 -year lease with two 5 -year options; a minimum monthly rent for the first
five years of $3,500 against 6% of the gross revenues; reimbursement by the CRA to the
Lessor for up to $100,000 in tenant improvement costs, financed from the monthly rental
income exceeding the minimum rent of $3,500; commencement of rent on February 1, 1995,
or upon the opening of the restaurant, whichever occurred first; and, assumption of full
liability and responsibility for the site by Rancho Capistrano Limited Partnership upon
execution of the First Amendment. The proposed Settlement Agreement between Trackside
Dining and the Community Redevelopment Agency would release both parties from any
existing and future claims. The Agency would pay Trackside Dining $50,000 and waive any
obligation for payment of past -due rent totaling approximately $25,000.
Written Communications:
(1) Report dated January 3, 1995, from Cassandra Walker, Community Development
Manager, recommending that the proposed First Amendment to the Depot Lease
Agreement with assignment to Rancho Capistrano Limited Partnership, and the
Settlement Agreement with Trackside Dining, Inc., be approved.
(2) Memorandum dated January 3, 1995, from the City Clerk, forwarding a petition
submitted by Ann Williams -Utter requesting that the Golden Eagles be allowed to
continue playing their Dixieland music at the Depot on weekends under the new
management.
' Cassandra Walker, Community Development Manager, made an oral presentation.
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Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following persons responded:
(1) Joe Campbell, representing Rancho Capistrano Limited Partnership, indicated he was
present to answer any questions.
(2) Ann Williams -Utter urged that the character of the Depot be retained under the new
management and that the Golden Eagles band be allowed to continue playing their
music on weekends.
Mayor Nash suggested that Ms. Williams -Utter work with the City Manager and
Rancho Capistrano Limited Partnership regarding her request.
(3) Carlos Negrete, 27422 Calle Arroyo, spoke in opposition to the proposed lease terms,
stating that the proposed rent was lower than prevailing market rates, that there were
no audit controls in the lease, and that the Agency should not reimburse the lessor
for up to $100,000 in tenant improvement costs. He inquired why the Agency did not
call for public bids on this project.
Ms. Walker explained that the proposed rent was competitive with the prevailing
market rate at about $1.00 per square foot, resulting in a rent of approximately
$8,000 per month. She added that audit controls had been included in the proposed
lease agreement providing for the City's review of financial statements. She explained
that the Agency did not have control of the lease and bids had not been solicited for
this project since the proposal was for a transfer of the existing lease, as provided for
in the original agreement with Trackside Dining, Inc. She stated that the Agency's
proposed reimbursement for tenant improvements was standard and typical for new
operators.
Mr. Negrete felt that the Agency had no obligation to provide for tenant
improvements and that there was no guarantee that the Agency would receive $8,000
in rent per month. He felt that public funds were being used for no public purpose in
this project and urged that the proposed lease not be approved.
(4) John Mione, 807 Calle Puente, San Clemente, noted his restaurant experience and
stated that the proposed lease was very standard in the industry to obtain qualified
tenants.
There being no further input, the hearing was declared closed «ith the right to reopen at any
time.
Council Discussion:
Council Member Swerdlin indicated that although he was not completely satisfied with the
terms, he would support the lease as proposed. He felt that the City would receive an
City Council Minutes 4- 1/3/95
excellent return and the new tenant would have an excellent facility. Although he had
concerns with the Settlement Agreement, he indicated he would support it to ensure the
continuity of the business and to avoid further delays.
Council Member Hart indicated he was not opposed to the new lessee but objected to the City
"being in the real estate business." He felt that the City had a poor record as a lessor in the
past and opposed the micromanaging and subsidizing of competitive businesses in the
community. He indicated his preference for selling the property.
Mayor Nash spoke in support of the lease reassignment to Rancho Capistrano Limited
Partnership. She felt that the proposed lease and Settlement Agreement were acceptable and
would provide for a high-quality operation and provide additional revenue for the City and
the tenant. She concurred with Council Member Hart's concerns regarding the City owning
property but noted that the proposal was simply for a reassignment of the existing lease. She
felt that this matter should be dealt with expeditiously to avoid the potential restaurant closure
and to avoid further litigation by Trackside Dining, Inc.
Adoption of Resolution Approving the First Amendment to the Depot Lease
Agreement and Assignment to Rancho Capistrano Limited Partnership:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
' RESOLUTION NO. 95-1-3-1. APPROVING FIRST AMENDMENT TO
THE LEASE AGREEMENT FOR THE CAPISTRANO DEPOT LOCATED
AT 26701 VERDUGO STREET AND CONSENTING TO ASSIGNMENT
OF LEASE TO RANCHO CAPISTRANO LIMITED PARTNERSHIP - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE FIRST AMENDMENT
TO THE LEASE OF CERTAIN PROPERTY WITH THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA AND
CONSENTING TO ASSIGNMENT OF LEASE TO RANCHO
CAPISTRANO LIMITED PARTNERSHIP (CAPISTRANO DEPOT)
n
The motion carried by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members Campbell, Swerdlin, and Mayor Nash
Council Member Hart
Council Member Jones
None
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006
Approval of Settlement Agreement with Trackside Dining Inc.:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
Settlement Agreement with Trackside Dining, Inc. be approved. The motion was carried by
a 3-1-1 vote, with Council Member Hart voting in opposition and Council Member Jones
abstaining.
RECESS AND RECONVENE
Council recessed at 8:37 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:40 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
ESTABLISHMENT OF PARKING RESTRICTIONS (LOVE HOUSE MISSION
TEXACO STATION. AND OLD PACIFIC BELL BUILDING) (570.30)
Written Communication:
Report dated January 3, 1995, from Douglas Dumhart, Management Analyst II, advising that
train commuters were using parking spaces that would be the most accessible and convenient
for downtown business patrons. The report recommended that a three-hour, parking -only,
tow -away zone be established at the Love House parking lot located at the northwest corner
of Yorba Street and El Camino Real for the convenience of business patrons, and that all -day
parking be established in the parking lots located behind the old Pacific Bell building and the
Texaco station for train commuter use.
Adoption of Resolutions Establishing Parking Zones at the Parking_Lots at the Love
House and Behind the Old Pacific Bell Building and the Texaco Station:
It was moved by Council Member Jones, seconded by Council Member Swerdlin. that the
following Resolutions be adopted:
RESOLUTION NO 95-1-3-2. ESTABLISHING THREE-HOUR TINIE-
LIMITED PARING TOW -AWAY ZONE - LOVE HOUSE PARKING LOT
AT 31811 EL CAMINO REAL - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "THREE-HOUR PARKING ONLY, TOW -AWAY
ZONE" IN THE ENTIRE LOVE HOUSE PARKING LOT AT THE
NORTHWEST CORNER OF EL CAMINO REAL AND YORBA STREET
(31811 EL CAMINO REAL)
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007
RESOLUTION NO. 95-1-3-3. ESTABLISHING NO PARKING 3:00 A.M.
' TO 5:00 A.M. TOW -AWAY ZONE - MISSION TEXACO PARKING LOT
AT 26874 ORTEGA HIGHWAY - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY
ZONE" IN THE MISSION TEXACO PARKING LOT AT 26874 ORTEGA
HIGHWAY
RESOLUTION NO, 95-1-3-4. ESTABLISHING NO PARKING 3:00 A.M.
TO 5:00 A.M. TOW -AWAY ZONE - OLD PACIFIC BELL BUILDING
PARKING LOT AT 31776 EL CAMINO REAL - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING 3:00 A.M. TO 5:00 A.M.
TOW -AWAY ZONE" IN THE OLD PACIFIC BELL BUILDING
PARKING LOT AT 31776 EL CAMINO REAL
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
' ABSENT: None
2. CONSIDERATION OF COUNCIL POLICY REGARDING NIGHTTIME
CONSTRUCTION ACTIVITIES (610.30)
Written Communication:
Report dated January 3, 1995, from Jennifer Murray, Assistant to the City Manager,
recommending that a City Council Policy be adopted requiring nighttime construction on
heavily travelled roads to eliminate or reduce daytime road closures or delays that would
inconvenience travelers. The proposed policy would authorize the City Manager to waive
requirements for nighttime construction work on a case-by-case basis.
Jennifer Murrav'Assistant to the City Manager, requested that Spring Street be deleted from
the proposed policy because of the close proximity of a motel to a construction site.
Adoption of City Council Policy Re: Nighttime Construction Work:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and
unanimously carried that City Council Policy regarding nighttime construction on heavily
travelled streets be adopted with the deletion of Spring Street from the list, as requested by
staff.
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008
DIRECTOR OF PLANNING SERVICES
RATIFICATION OF PLANNING DIRECTOR'S DETERMINATION TO REJECT
AN APPEAL OF THE PLANNING COMMISSION'S ACTION - SIGN PROGRAM
MODIFICATION FOR ARCHITECTURAL CONTROL 85-8 (BARWICK
CHRYSLER JEEP/EAGLE. 33301 CAMINO CAPISTRANO) (410.60)
Council Member Campbell noted that although her residence was located approximately
2,500 feet from the project she felt there would be no negative or positive financial impact
on her property and that she would vote on this matter.
Written Communication:
Report dated January 3, 1995, from the Planning Director, recommending that an appeal filed
by Dale Kirstine be rejected. The appeal was based on the height of the proposed monument
sign located at the Barwick Chrysler Jeep/Eagle dealership located at 33301 Camino
Capistrano exceeding that permitted by the Municipal Code. The proposed rejection of the
appeal was based on the Planning Director's and the City Attorney's determination that the
City Council's original approval of the monument sign's height exception on September 1,
1992, was still in effect and valid and was not subject to Planning Commission review.
Mr. Tomlinson made an oral presentation.
Public Comments:
(1) Ted Stroscher, 31882 Del Obispo Street, spoke in support of the staff
recommendation to reject the appeal. He urged the Council to be sensitive to the
needs in the business community and suggested that the issue of signage be addressed
more quickly and efficiently. He noted the importance of the City permitting
identification for businesses in a controlled manner, particularly during these difficult
economic times.
(2) Roy Nunn, 31011 Paseo Valencia, indicated he was speaking as a resident and not
a Planning Commissioner. He cited his belief that this community should have a
balance of responsibility and authority and that any action of the Planning Commission
should be appealable to the City Council. He felt that concerns had not been
expressed at the Planning Commission meeting because there are no residents near the
site to notify, however, he felt there was a lot of opposition to the sign. He agreed
that projects should not be needlessly delayed for processing of applications but
expressed concern that relaxing the City's requirements could result in poor signage.
He believed that the exception, including its conditions, would run in perpetuity,
requiring that both signs be removed as originally conditioned. He felt that the
original approval was a mistake as it did not comply with the City's design guidelines
and should be re -processed for public review. He indicated that he had been advised
that once the subject signs were approved, the Saturn dealership would make a similar
request.
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009
(3) Al Parajeckas, 33375 Camino Capistrano, speaking on behalf of the applicant, urged
that the appeal be rejected as recommended by staff. He stated that no public
opposition to the project had been voiced during any of the City Council or Planning
Commission public hearings. He noted that several members of the Business Task
Force expressed their support for the project and that Roy Nunn was the only
Planning Commissioner opposed to the signs. He stated that the applicant has
complied with all City requirements and conditions placed on the project. He felt that
the proposed signs were attractive and suitable for this location away from the
downtown area.
In response to Council Member Swerdlin, Mr. Tomlinson advised that the current proposal
would require that the existing 60 -square -foot building -mounted sign be removed and
replaced with a 30 -square -foot building -mounted, externally illuminated sign. The existing
30 -square -foot monument sign would be replaced with a 50 -square -foot monument sign. The
total square footage for both signs would be reduced from 90 square feet to 80 square feet,
which was consistent with Municipal Code requirements.
Mayor Nash noted that the City's Sign Ordinance permits a maximum height of 6 feet for
monument signs and felt that the City Council's approval of the height exception had been a
mistake. She suggested that time limits be placed on exceptions in the future. She expressed
concern that approving a 20 -foot -high monument sign would set a precedent that would be
difficult to deny for future projects. She felt that although this project was not located in the
' downtown area, it should be consistent with other signs throughout the City. She believed
that more residents would have expressed concerns about this project if they had been notified
and felt that the majority of residents would not support it.
Council Member Hart noted that he had been a Planning Commissioner for eight years and
understood the concerns expressed about the proposed signage. However, he felt that the
City should not create a hardship for individuals or businesses simply because the City failed
to place a time limitation on the approved conditions. He recommended that the appeal be
rejected since the applicant had completed the proper processing; the project had been
approved by the City Council and the Planning Commission; and, the monument sign would
be lowered from 25 feet to 20 feet. Mr. Tomlinson noted that residents living «ithin the area
surrounding the project were notified of meetings, and the general public was notified through
the newspaper.
Council Member Jones felt that the City was extremely receptive to meeting the desires of the
community and expressed concern that the needs of businesses were not being met in the City.
He noted the difficultly many applicants have with the City's processing and urged the City
to become more "business friendly" and to review its processing. He spoke in support of
rejecting the appeal, as recommended by staff.
Council Member Campbell felt it ,vas very positive for the City to have these dealerships. ' She noted that she resided directly across the freeway from the proposed dealership and would w
have the most direct impact from the project. She felt that the proposed signs were
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010
reasonable to ensure proper identification for the dealership. Council Member Swerdlin felt
that the proposed signs were appropriate for this project.
Ratification of Plannine Director's Decision to Reject Appeal of Planning Commission
Action:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
decision of the Planning Director be ratified, rejecting an appeal of a Planning Commission
approval of a revised monument sign for Barwick Chrysler Jeep/Eagle, based upon the finding
that the item being appealed was not subject to Planning Commission review since a height
exception had been granted by the City Council, whose action remains valid. The motion
carried with Mayor Nash voting in opposition.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
ORDINANCE AMENDING SECTION 6-6.13 OF THE MUNICIPAL CODE
RELATING TO WASTE DISCHARGE PRETREATMENT AND SOURCE
CONTROL PROGRAM AND REPEALING ORDINANCE NOS 679 AND 717
1040.30
Written Communication:
Report dated January 3, 1995, from the Director of Engineering and Building, recommending
that amendments to the City's Pretreatment Ordinance, adopted in 1990, be approved to
comply with changes in the Federally -mandated National Pollutant Discharge Elimination
System Program changes and with requirements of various regulatory agencies. The Program
is designed to regulate and control the industrial and commercial wastewater being discharged
to sewer treatment facilities.
Introduction of Ordinance Amendine Waste Discharee Pretreatment and Source
Control Program:
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 Swerdlin,
seconded by Council Member Jones, that the following Ordinance be introduced:
AMENDING THE WASTE DISCHARGE PRETREATMENT AND
SOURCE CONTROL PROGRAM ORDINANCE - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING
ORDINANCE NOS. 679 AND 717, SECTION 6-6.13 OF THE
MUNICIPAL CODE, AND ADOPTING NEW SECTION 6-6.13,
AMENDED WASTE DISCHARGE PRETREATMENT AND SOURCE
CONTROLPROGRAM
The motion carried by the following vote:
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AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
' NOES: None
ABSENT: None
2. CONSIDERATION OF A FACILITY USE AGREEMENT WITH DANA POINT.
AND ACCEPTANCE OF CONSTRUCTION FUNDS FOR SPORTS PARK AT
KINOSHITA FARM (600.30)
Written Communication:
Report dated January 3, 1995, from the Director of Engineering and Building, recommending
that the donation of $110,000 from the Dana Point City Council be accepted for the
construction of the three soccer fields at the Kinoshita Farm Sports Park, and that a Facility
Use Agreement with the City of Dana Point be approved permitting use of the fields by Dana
Point residents.
Mr. Scarborough noted that staff had modified their recommendation to request that this item
be continued to the meeting of February 7, 1995, due to the potential impact to the City of
Dana Point from the County's financial crisis.
Continuation of Item:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that the item be continued to the meeting of February 7, 1995, at the
request of staff.
COUNCILMANIC ITEMS
REPORT ON COUNCILMANIC APPOINTMENTS (610.60)
Written Communication:
Report dated January 3, 1995, from Carole Jacklin, Council Services Manager, forwarding
a report on the status of current appointments of Council Members to internal committees and
outside agencies.
Mayor Nash indicated her nominations of Council Members to the various committees and
agencies.
Council Member Jones noted that the Capistrano Valley Waste Water Authority and the City
of Dana Point Water Conservation Subcommittee were no longer active and should be
deleted from the list. He stated that from its inception, he has had concerns with any Council
Member serving on the Business Task Force. As a former Council liaison to the group, he
felt that a Council Member's presence could influence andior direct the discussions and
actions of the group. Council Member Campbell concurred and suggested that the
appointment be deferred to the next meeting for input from the Task Force. Mayor Nash
City Council Minutes -It- 1 /3/95
012
noted that the intent was to have the City Council actively participate with the Task Force to
discuss problems in the business community and provide recommendations for possible Code
amendments.
Appointments of Council Members to Internal Committees and Outside Agencies:
It was moved by Mayor Nash, seconded by Council Member Campbell and unanimously
carried that the following Council Member appointments be made:
1. El Toro Reuse Planning Authority
2. El Toro Airport Working Group
3. Flood Plain Management Committee
4. Foothill/Eastern Transportation Authority
5. Interjurisdictional Planning Forum,
Growth Management Area 9
6. Interjurisdictional Planning Forum,
Growth Management Area 11
7. League of California Cities
8. League of California Cities Council
Legislative Delegate
9. San Joaquin Transportation Corridor
10. San Juan Basin Authority
11. San Juan Creek Task Force
12. School Site Selection Committee
13. Solag Relocation Committee
City Council Minutes
_I2_
Mayor Nash, with Council Member
Campbell as alternate
Mayor Nash, with Council Member
Campbell as alternate
Mayor Nash and Council Member Jones
Council Member Campbell, with
Council Member Hart as alternate
Council Member Jones
Council Member Jones
Council Member Hart with Council
Member Campbell as alternate
Council Member Campbell, with
Council Member Hart as alternate
Council Member Campbell, with
Council Member Hart as alternate
Council ;Member Jones, with Larry
Buchheim and Ray Auerbach as
alternates
Council Member Swerdlin
Council Members Jones and Swerdlin
Mayor Nash and Council Member Hart
1/3/95
14. South Orange County Reclamation
' Authority
15. SouthEast Regional Reclamation
Authority (SERRA)
Council Member Jones
Council Member Jones, with Larry
Buchheim and the Director of
Engineering and Building (Bill Huber)
as alternates
It was moved by Council Member Campbell, seconded by Mayor Nash and unanimously
carried to continue consideration of an appointment to the Business Task Force to the
meeting of January 17, 1995. Appointments to the Capistrano Valley Waste Water Authority
and the City of Dana Point Water Conservation Subcommittee were not made since the
agencies are currently inactive.
2. APPOINTMENT OF TWO MEMBERS TO THE PLANNING COMMISSION
110.20
Written Communication:
Report dated January 3, 1995, from Carole Jacklin, Council Services Manager, noting that
the vacancies had been advertised.
A000intment of Council Ad Hoc Committee:
' It was moved by Council Member Campbell, seconded by Mayor Nash, and unanimously
carried that Council Members Hart and Swerdlin be appointed to a Council Ad Hoc
Committee to interview candidates for the two vacancies on the Planning Commission, with
their recommendation tentatively scheduled for Council review on February 7, 1995.
C,
3. APPOINTMENT OF ONE MEMBER TO THE MOBILE HOME PARK REVIEW
COMMITTEE (110.201
Written Communication:
Report dated January 3, 1995, from Carole Jacklin, Council Services Manager, noting that
the vacancy had been advertised and one application had been received.
Appointment of Council Ad Hoc Committee:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that Council Members Hart and Swerdlin be appointed to a Council Ad
Hoc Committee to interview candidates for the vacancy on the Mobile Home Park Review
Committee, with their recommendation tentatively scheduled for Council review on
February 7, 1995.
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013
014
4. DECLARATION OF VACANCY (JAROLD B. COLE. ORANGE COUNTY
VECTOR CONTROL) (560.501
Written Communication:
Report dated January 3, 1995, from Carole Jacklin, Council Services Manager, declaring the
position of San Juan Capistrano Trustee representative to the Orange County Vector Control
District to be open.
Declaration of Vacancy:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried to declare the position vacant. The City Clerk was directed to post
notices of the vacancy and to advertise for applications for the position for consideration at
the meeting of January 17, 1995.
5. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern and San Joaquin Hills Transportation Corridors (800.50)
Council Member Campbell advised that although Corridor funds were impacted by
the County's recent bankruptcy, it appears that the Corridors will be completed.
COUNCIL COMMENTS
TRASH IMPORTATION (810.10)
Council Member Jones noted that a week ago, newly elected County Supervisor Steiner had
suggested that the County import trash from San Diego and Los Angeles Counties into San
Juan Capistrano to help offset the County's budget deficit. He felt that this proposal would
force an increase in City fees and would have a tremendous impact on the City's
infrastructure. He expressed strong opposition to this proposal and suggested that the
County permit the greenwaste facility on La Pata to lease space at the Prima Deshecha
landfill. He recommended that the Council place this matter on the agenda to consider
adopting a Resolution opposing this proposal.
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 this item was not available prior to publication of the Council
agenda and consideration was necessary at this time.
Adoption of Resolution Opposing the County's Proposal to Import Trash from San
Diego and Los Anneles Counties:
It was moved by Council Member Campbell, seconded by Council Member Jones. that the
following Resolution be adopted advising the County Board of Supervisors of the City's
opposition to the importation of trash from San Diego and Los Angeles Counties to the Prima
Deshecha landfill:
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RESOLUTION NO, 95-1-3-5_ PROTESTING SOLID WASTE
' IMPORTATION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROTESTING
SOLID WASTE IMPORTATION INTO ORANGE COUNTY LANDFILLS
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
2. GREENWASTE FACILITY ON LA PATA (810.60)
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 this item was not available prior to publication of the Council
agenda and consideration was necessary at this time.
Mr. Scarborough advised that City staff had conducted an investigation of the greenwaste
facility located on La Pata and determined that misinformation had been provided by
' Browning-Ferris Industries of California, Inc. ("BFI") at the time of their original application
for a permit from the County. He stated that the County Planning Commission's approval was
based on the plant being located 1.5 miles away from any residential areas, when in fact the
facility is located only 1,500 feet from residents. In addition, no information was provided
to the County regarding the City's residential zoning of the area immediately adjacent to the
plant. He suggested that the City forward a letter to the County Planning Commission
requesting that they reconsider their land use approval of BFI's permit based on inaccurate
information originally provided to the County and to reprocess the application so that public
input could be received. He noted that the County issued an Order Reduction Plan to BFI,
which he felt was a significant step in addressing the facility's Code violations.
Authorization to Forward Letter to County Planning Commission:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that staff be directed to prepare and forward a letter to the County
Planning Commission requesting that they reconsider their land use approval of BFI's permit
due to inaccurate information originally provided to the County and to reprocess the
application so that public input could be received and a history of the site and impacts on
adjacent residences could be made known.
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016
Council Member Swerdlin noted his attendance at the opening of the San Juan Capistrano
Boys and Girls Club. He commended the organization and urged support from the
community and the City Council.
4. TOUR OF CITY FACILITIES (150.10)
Council Member Swerdlin expressed appreciation to Ron Sievers, Director of Public Lands
and Facilities, and Al King, Jr., Director of Community Services, for their tour of the City's
facilities and trails and their work in the community.
CLOSED SESSION
Council recessed to a Closed Session at 9:47 p.m. for:
Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at 31752-31762 Camino Capistrano and 26822-26842 Ortega Highway, with
San Juan Partners as negotiating party, to consider price and terms;
2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as City of San Juan Capistrano v. Southern California Joint Powers
Insurance Authority;
Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as City of South El Monte v. Southern California Joint Powers Insurance
Authority;
4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(c), the initiation of litigation in one case; and
5. Liability Claims pursuant to Government Code Section 54956.95, McLaughlin, etc, et al,
claimant, against the Community Redevelopment Agency.
The City Clerk was excused therefrom, and the meeting reconvened at 11:07 p.m. 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 11:08 p.m. to the
next regular meeting date of Tuesday, January 17, 1995, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL•1 -•CLERK
ATTEST:
CAROLYN NA$H, MAYOR
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