95-0117_CC_Minutes_Regular Meeting019
JANUARY 17, 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 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Paul Hall of the Capistrano Valley Baptist
Church.
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; Al King, Jr., Director of Community 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 Swerdlin, and unanimously
carried that all Ordinances be read by title only.
INTRODUCTIONS AND PRESENTATIONS
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner (Planning Commission), Ilse Byrnes and Pauline Leonard (Parks,
Recreation, and Equestrian Commission), Bill Hardy (Los Rios Review Committee), and
David Belardes (Cultural Heritage Commission).
DONATIONS TO CITY (150, 10)
Mayor Nash noted the following donations made to the City: $100 from Aardvark Towing for the
Youth -At -Risk Program and $500 from Charities' Best for the After -School Scholarship Program.
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020
JANUARY STORMS (730.90/520.401
Mayor Nash expressed appreciation to City staff for their hard work throughout the year, which
prevented major damage in the City from recent rain storms, and for their work during the storms.
She also commended community volunteers Ken Friess, Jesus Gonzales, Edward Adams, Jose
Sandoval, and Collene Campbell for their assistance during the storms. She noted that 9.62" of rain
fell in the City between January 4 and January 14, 1995.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY1
I OTH ANNUAL CALIFORNIA TRAIL DAYS (150.60)
Ilse Byrnes, Parks, Recreation and Equestrian Trails Commissioner and President of the
California Trails Foundation, announced the 10th Annual California Trail Days will be held
on April 29 and 30. She noted that this year's activities would be coordinated entirely by
volunteers and requested that the Council adopt a Resolution endorsing the event.
2. ORANGE COUNTY BANKRUPTCY STATUS (3 50. 10)
Richard Wannemnacher, 23 Plaza Caloroso, felt that the City's property tax monies were in
jeopardy and cited concerns at the amount of money the County was spending on attorneys'
fees and public relations firms. He requested that a staff report be agendized for each Council _
meeting giving the status of this situation and the City's efforts in protecting its funds.
Mr. Scarborough stated that although the City did not invest funds in the County's pool,
certain City funds that are passed through the County and were on deposit with the County
when the bankruptcy petition was filed were caught in the bankruptcy proceedings; i.e., pre-
petition property taxes. He noted that the bankruptcy judge had scheduled a hearing on
January 27, 1995, and was expected to release those funds. He advised that city managers
in Orange County cities will work with the bankruptcy judge for release of smaller funds, such
as Proposition 127 funds. He felt that the release of all of the pre-petition monies would be
dealt with quickly and noted that the City had no cash flow problems at this time.
Mayor Nash suggested that Mr. Wannanmacher meet with the City Manager to discuss this
matter further.
IMM4,131I • I • • '• 11 1
Carlos Negrete, 27422 Calle Arroyo, spoke in opposition to the proposed ratification of the
First Amendment to the Depot Lease Agreement, which was scheduled on the Consent
Calendar. He felt that the present proposal did not conform to the City's charter and was not
legal. He felt that it was not an assignment of the Lease, but was a new Lease. The draft
approved January 3 was not the final draft and did not include the exhibits presented at this
meeting. He felt that there would have been a violation of the Brown Act if the draft
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021
approved on January 3rd had been signed, since it was not the final draft and did not include
' the exhibits. He further felt that the proposed lease terms would reduce the value of the
property; negatively impact other businesses in the community; and, that the property should
be made available for public bid.
Mr. Scarborough explained that in order to go out for public bid on this property, the
Community Redevelopment Agency would be required to terminate the lease and address any
remaining title issues. The City Attorney noted that San Juan Capistrano is a General Law
City and not a Charter City.
4. HISTORIC TOWN CENTER FINAL REPORT (400.20)
Ken Friess, 31726 Rancho Viejo Road, submitted a letter dated January 17, 1995, requesting
that the realignment of the Ortega Highway to allow for a Mission forecourt pedestrian area
as part of the plans for the Historic Town Center not be eliminated from consideration at this
time. He emphasized the importance of protecting the City's historic character and enhancing
the pedestrian aspect of the area in front of the Mission. He felt that funding for the
realignment of Ortega Highway would be available in the future after an acceptable proposal
was received for the Historic Town Center.
' It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
RECEIVE AND FILE WARRANTS OF DECEMBER 19. 1994. AND
JANUARY 6. 1995 (300.30)
The List of Demands dated December 19, 1994, in the total amount of $550,154.78 and the
List of Demands dated January 6, 1995, in the total amount of $2,146,268.40 were received
and filed.
2. RECEIVE AND FILE CITY TREASURER!S REPORT OF INVESTMEENTS
AS OF DECEMBER ••• 50,30)
The City Treasurer's Report of Investments as of December 31, 1994, in the total amount of
$14,562,777.50 was received and filed.
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022
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440 10)
The Report dated January 17, 1995, from the Planning Director, advising that one new
development application was received by the City since the last report of November 15, 1994,
was received and filed.
RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT -
INSTALLATION OF SPEED BUMPS ON LOS RIOS STREET AND AVENIDA
DE LA VISTA AND LOS RIOS STREET NORTH OF DEL OBISPO STREET
(HAITBRINK ASPHALT PAVING. INC.) (600,30)
As set forth in the Report dated January 17, 1995, from the Director of Engineering and
Building, the following Resolution was adopted declaring the installation of speed bumps on
Los Rios Street and Avenida De La Vista in the Capistrano Villas, and on Los Rios Street
north of Del Obispo Street, by Haitbrink Asphalt Paving, Inc. to be complete:
RESOLUTION NO. 95-1-17-1. COMPLETION OF SPEED BUMP
INSTALLATION - LOS RIOS STREET AND AVENIDA DE LA VISTA
IN CAPISTRANO VILLAS AND LOS RIOS STREET NORTH OF DEL
OBISPO STREET HAITBRINK ASPHALT PAVING. INC) - 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
INSTALLATION OF SPEED BUMPS ON LOS RIOS STREET AND
AVENIDA DE LA VISTA IN THE CAPISTRANO VILLAS AND ON LOS
RIOS STREET NORTH OF DEL OBISPO STREET
The Resolution accepted the work as complete in the amount of $20,666 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 $2,066.60 thirty-five (3 5) days after recording
the Notice of Completion. Council Member Jones abstained due to a potential conflict of
interest relating to the proximity of his residence/business to the project area.
ACCESS AG
• ,CH) (600.30)
As set forth in the Report dated January 17, 1995, from the Director of Engineering and
Building, the following Resolution was adopted accepting the Peppertree Bend Recreational
Trail Access Agreement for Tract 10593, Lots A, B, and C, to ensure continued public access
to the trail:
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1/17/95
023
RESOLUTION NO. 95-1-17-2. ACCEPTANCE OF PEPPERTREE BEND
' RECREATIONAL TRAIL ACCESS AGREEMENT (BEAR BRAND
RANCH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE
PEPPERTREE BEND RECREATIONAL TRAIL ACCESS AGREEMENT
WITHIN A PORTION OF LOTS A, B, AND C OF TRACT 10593 (BEAR
BRAND RANCH)
The Mayor and City Clerk were authorized to execute the Agreement, and the City Clerk was
directed to record the Agreement with the County Recorder.
RESOLUTION AUTHORIZING TRANSFER OF TAX DEFAULT PARCEL TO
CAPISTRANO ROYALE HOMEOWNERS ASSOCIATION (ASSESSOR'S
PARCEL NUMBER 650-412-13)(600.50)
As set forth in the Report dated January 17, 1995, from the City Attorney, the following
Resolution was adopted authorizing the transfer of Assessor's Parcel Number 650-412-13 to
the Capistrano Royale Homeowners Association:
RESOLUTION NO. 95-1-17-3. AUTHORIZING TRANSFER OF TAX
DEFAULT PROPERTY TO THE CAPISTRANO ROYALE
HOMEOWNERS ASSOCIATION_ ASSESSOR'S PARCEL NO.
' 650-412-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
TRANSFER OF TAX DEFAULT PROPERTY, ASSESSOR'S PARCEL
650-412-13, TO THE CAPISTRANO ROYALE HOMEOWNERS
ASSOCIATION
The City Council approved purchase of the tax default property from the County on
November 1, 1993, with the intent that it be transferred to the Capistrano Royale
Homeowners Association. The Association will reimburse the City for the $100 spent to
purchase the property from the County.
• / (410,60)
As set forth in the Report dated January 17, 1995, from the Planning Director, the following
Resolution was adopted approving proposed modifications to the Lacouague building, which
included enclosing the rear service porch and replacing three existing roll -up garage doors
with a set of french doors and window panels; and, various modifications to bring the
structure into compliance with the Americans with Disabilities Act:
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024
RESOLUTION NO, 95-1-17-4. APPROVING REMODEL OF
LACQUAGUE BUILDING AT 31421 LA MAT N .A STREET -
CAPITAL IMPROVEMENT PROJECT 137 ( R HIT CTURAL
CONTROL 92-5) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
REMODEL OF THE LACOUAGUE BUILDING AT 31421 LA MATANZA
STREET, TO MEET THE REQUIREMENTS OF THE AMERICANS
WITH DISABILITIES ACT (CAPITAL IMPROVEMENT PROJECT
137/ARCHITECTURAL CONTROL 92-5)
8. DENIAL OF CLAIM FOR INDEMNITY (MOULTON NIGUEL WATER
DISTRICT) (170.10), .
The Claim for Indemnity filed by Patricia Giannone of Bowie, Arneson, Kadi, Wiles &
Giannone, on behalf of the Moulton Niguel Water District, was denied in its entirety, as set
forth in the Report dated January 17, 1995, from the City Attorney.
The following item was removed from the Consent Calendar at the request of Council Member Hart.
WRIa ul_ ► ' ' • . ' ' i • 1 • II'
Council Member Jones advised he would abstain on this item due to a potential conflict of interest
relating to the proximity of the Depot to his business/residence.
Written Communication:
Report dated January 17, 1995, from the Community Development Manager, advising that
the First Amendment to the Depot Lease Agreement with Rancho Capistrano Limited
Partnership had been approved by the City Council/Community Redevelopment Agency on
January 3, 1995; however, several exhibits had been in draft form at that time. The report
included the finalized exhibits and recommended ratification of the Agency Board's action to
confirm their review of the documents. The report further advised that the January 3, 1995
action was valid and the agreement was legal.
In response to an inquiry by Council Member Hart, Mr. Scarborough indicated that the
proposed Amendment had not been signed and that Rancho Capistrano Limited Partnership
had requested a one-week extension. He noted that if Rancho Capistrano Limited Partnership
did not pay Trackside Dining the $162,000 for assignment of the lease by January 31, 1995,
the Lease would not go forward.
It was moved by Council Member Hart that an appraisal of the property be made and the
property be made available for sale if the Lease Amendment was not signed by the requested
one-week extension. The motion died due to lack of a second.
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02
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025
The City Attorney advised that comments and input received at the January 3rd public hearing
' had been considered, with some being incorporated into the proposed Lease Amendment.
He further advised that minor corrections had also been made to the proposed Lease
Amendment. He noted that the proposed Amendment was in its final draft and was ready for
execution by both parties. He indicated that the Amendment, in its present form, had been
presented to the new Lessee, who requested a one-week time extension to address financial
issues. He suggested that the City make a "take -it -or -leave -it" offer to the Lessees. He noted
that Council Member Hart's motion would require the City to deal with the existing tenant
who has an existing lease on the property.
Ratification of Lease Amendment:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
First Amendment to the Depot Lease Agreement with Rancho Capistrano Limited Partnership
be ratified, with the condition that if the Lease Amendment is not signed by January 31, 1995,
the Agency will review its options, including the potential for sale of the property. The
motion carried by the following vote:
AYES: Council Members Campbell, Swerdlin and Mayor Nash
NOES: Council Member Hart
ABSTAIN: Council Member Jones
ABSENT: None
PUBLIC HEARINGS
None.
1 I►
Council recessed at 7:24 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:25 p.m.
ADMINISTRATIVE ITEMS
WKIOKUMCS1 1;_ • ;
1 •' • ;. '•' X11 1
Written Communication:
Report dated January 17, 1995, from the Planning Director, recommending that the Final
Report on the Historic Town Center Master Plan be accepted; that Alternative #2 be selected
as the guideline for development of the study area; and, that staff be directed to identify the
process of soliciting private development interest in implementing the private sector
City Council Minutes -7- 1/17/95
026
components of the plan for consideration by the Community Redevelopment Agency Board
of Directors. Alternative #2 excludes the realignment of Ortega Highway, provides an excess
of parking for the downtown area, creates opportunities for overnight accommodations,
includes an archaeological park, and increases opportunities for additional retail uses in the
downtown area.
Mr. Tomlinson reviewed the General Plan policies as they relate to the Historic Town Center
and summarized the goals and objectives for the project. Plans for five alternatives were on
display, and Mr. Tomlinson described the first three "basic" alternatives. He felt that
Alternative 42 had the most balanced approach of all the alternatives and noted that 75% of
survey respondents expressed strong opposition to the realignment of Ortega Highway. He
noted that the significant cost of realigning the Ortega Highway could not be funded by the
City. He expressed appreciation to the workshop participants and current and former staff
members who assisted in the process.
Public Comments:
(1) David and Dixie Boehm, 25581 Paseo de la Paz, San Juan Capistrano, owners of San
Juan Capistrano Antiques located at 31768 Camino Capistrano, in the Moonrose
building, noted that the proposed Alternative #2 requires the removal of their
building. She felt the building could be integrated into the project and submitted a
proposal for preserving it based on Alternative #2. She noted that they have been
merchants in the downtown area for over ten years but that they have been reluctant
to make necessary upgrades to the building because of the area's uncertain future.
Council Member Swerdlin noted that the Moonrose and San Juan Capistrano Antiques
businesses have generated much foot traffic in the downtown area and urged that their
proposal be considered.
(2) Ted Stroscher, 31881 Del Obispo Street, spoke in support of Alternative #I because
it included the realignment of Ortega Highway. He stated that the Historic Town
Center Ad Hoc Committee which had been appointed in 1990, had recommended an
alternative similar to Alternative #1. He stated that in 1992, City staff recommended
that cost considerations for the realignment of Ortega Highway be excluded from the
Historic Town Center workshop process. In addition, the realignment of Ortega
Highway had been adopted as part of the City's Capital Improvement Program. He
felt that funding would be available for the realignment in the near future and that a
developer should be given the opportunity to voice his/her opinion whether the
realignment is economically feasible. He felt that Alternative 41 would create an
aesthetic entrance to San Juan Capistrano, correct traffic flow problems, create
pedestrian flow in front of the Mission with a historically correct Mission forecourt,
and encourage public use of the downtown area.
(3) Phyllis Crow, 31766 Camino Capistrano, a partner in Moonrose, noted that her
building was scheduled for demolition and requested Council make a decision at this
time. She noted impacts on her business due to the adjacent vacant store and the need
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for more activity in the downtown area. She felt that the community was opposed to
' the realignment of Ortega Highway and that enough signatures could be gathered to
place the matter on the ballot. Council Member Campbell questioned if she agreed
with the staff recommendation and she responded that she had made inquiries
regarding purchase of the building and was advised it was not an option. She stated
she was not opposed to the realignment of Ortega Highway or the demolition of her
building if it was necessary. However, she would prefer that the realignment and
demolition not occur.
Staff Comments:
Mr. Scarborough confirmed that the City had received a proposal to purchase the Moonrose
property. Mayor Nash noted that removal of the Moonrose building had been on the plans
for several years; however, that did not preclude the Council from considering preservation
of the building. Sale of the building could be considered even though the Historic Town
Center was going ahead, no matter what plan was selected. Mr. Tomlinson advised that
subsequent to approval of the Scope of Work, it had been determined that the City Council
had never taken an official action on the Ortega Highway realignment. Direction was
therefore given that the realignment would be addressed as part of the process. He noted
that initially he had been in favor of the Ortega Highway realignment; however, the specific
studies and cost benefits prepared for the workshops resulted in the recommendation that
Ortega Highway not be realigned. He stated that those who favored Alternate #1 did so for
the creation of the Mission forecourt. Over 75% of the workshop participants did not favor
' the realignment. The realignment was not related specifically to costs; those costs came out
in the later workshops. He stated that realignment costs were approximately $1.6 million and
would include the construction of the Ortega Highway realignment improvements, the
Mission forecourt improvements and the replacement of parking displaced by the realignment.
The financial analysis for Alternate #1 revealed that revenue generated would be insufficient
to fund the realignment improvement. Funds may be available from another source such as
Measure M; however, there was no guarantee the project to realign an existing road would
qualify, and Measure M funds were impacted by the Orange County bankruptcy.
Council Comments:
Council Member Campbell emphasized the Council's concerns with being economically
responsible. She inquired whether the realignment of Ortega Highway could be considered
at a later date if a developer wanted to modify the plans to include the realignment but the
Council had adopted an alternative which excluded the realignment. Mr. Tomlinson indicated
that staff would provide direction to any interested developer regarding comments made on
this issue. He stated that if the developer felt that the Ortega Highway realignment would be
beneficial and agreed to put forth funding for it, the realignment could be reconsidered by the
Council at that time if an Alternate which excluded the realignment had been selected.
Council Member Swerdlin commended the staff and workshop participants for their continued
involvement in the Historic Town Center process. He stated he has been opposed to the
' realignment of Ortega Highway since the beginning and preferred the concept of Alternative
42 because of the amount of retail and parking proposed, preservation of the Blas Aguilar
City Council Minutes -9- 1/17/95
02'S
Adobe, and the possibility of reconstructing the Casa Tejada. He felt that the amount of retail
proposed was justified to offset costs. He suggested that public restrooms and telephones be
incorporated into the plans, as well as a better combination of pedestrian and auto traffic flow.
Council Member Hart felt that it was time to make a decision on this matter since sixteen
years of planning have already been spent in the process. He spoke in favor of Alternative
#2, in concept, and felt that the developer would work closely with City staff, the Council,
and the community on this project. He stated he was opposed to the realignment of Ortega
Highway because of the approximate $1.6 million in costs to taxpayers, which he felt would
be unavailable from outside sources. If funding were to be provided by a developer he would
be willing to consider the realignment.
Mayor Nash spoke in support of Alternative #2 because it was the best balance of the five
alternatives presented. She felt that parking should be unobtrusive and in keeping with the
small-town character of the area. She felt that Mission area was too large of an area to
prohibit vehicular access and that realigning Ortega Highway would redistribute traffic away
from the main visitor attraction area. She suggested that a compromise be considered by
widening the sidewalks on both sides of Ortega Highway, removing parking and making it
appear as a plaza. She noted that many other California Missions are too far removed from
visitor access. She suggested that the developer address circulation and consider some
vehicular access on El Camino Real and Forster Street. She noted that local residents tend
to use Forster Street to avoid much of the tourist traffic in the downtown area. She agreed
that public restrooms and telephones should be included in the plans and suggested that some
be located at the proposed parking structure.
Council Member Jones stated that a traditional Mission forecourt should be included in the
plans as it was the driving force behind the Historic Town Center plans since the beginning.
He stated that he had visited the City of Santa Barbara with Roberta Greenwood, the City's
archaeologist consultant, and members of the San Juan Capistrano Chamber of Commerce
and the Cultural Heritage Commission. He indicated it was their conclusion that the Mission
forecourt was an important part of the California Missions. He noted that the Mission
forecourt would not be possible without the realignment of Ortega Highway. He felt that the
forecourt would be a focal point in addition to the Mission and would leave an important,
historically accurate legacy to future residents. He stated that the forecourt would remove
all traffic from Ortega Highway and make it a gathering place in the community. He felt the
development should be financially feasible and Alternate #1 was financially feasible. He
indicated he would vote in opposition to Alternative #2 because Alternative #1 represented
his philosophical image of the Historic Town Center and was reflective of the community.
Council Member Swerdlin inquired if the Moonrose and San Juan Capistrano Antique
building had to be removed with Alternatives #1 or 42. Mr. Tomlinson indicated that the
option to retain the building would be open.
Council Member Hart inquired whether the City had a legal obligation to remove certain
buildings as proposed in all alternatives presented. The City Attorney advised that the City
City Council Minutes -10- 1/17/95
019
' Council was not bound to any plans considered before this action and any buildings discussed
for removal prior to this date were not required to be removed as a part of any plan. Mayor
Nash indicated that building removals could be addressed prior to the approval of the final
design for the Historic Town Center.
Adoption of Resolution Accentine Historic Town Center Final Report
and Selectiniz Alternative #2:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
following Resolution be adopted to accept the Historic Town Center Final Report and to
select Alternative 92 as the guideline for development of the study area, with the following
modifications.
(1) Approval of Alternative #2 does not necessarily require the elimination of the
Moomose building.
(2) Should outside funding for the realignment of Ortega Highway become available, this
option may be reconsidered.
(3) The motion included direction that the developer consider vehicular access from
Forster Street to Ortega Highway via El Camino Real.
RESOLUTION NO, 95-1-17-5. ACCEPTING FINAL REPORT ON THE
HISTORIC TOWN CENTER MASTER PLAN STUDY - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING THE FINAL REPORT ON THE HISTORIC
TOWN CENTER MASTER PLAN STUDY; ADOPTING ALTERNATIVE
#2; AND, DIRECTING THE IDENTIFICATION OF A PROCESS TO
SOLICIT DEVELOPER INTEREST IN SUBMISSION OF
DEVELOPMENT PROPOSALS FOR THAT PORTION OF THE PLAN
TO BE IMPLEMENTED BY THE PRIVATE SECTOR AND SUBMIT
SAID PROGRAM FOR AGENCY BOARD CONSIDERATION
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Hart, Swerdlin, and Mayor Nash
NOES: Council Member Jones
ABSENT: None
The Resolution directed staff to identify the process of solicitation of a private development
interest in implementing the private sector components of the plan for submittal to the
Community Redevelopment Agency Board of Directors; and, reaffirmed that actual design
and development plans need not be specific to exhibits, with the exception of the proposed
public park, and will be subject to the development review process.
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0-70
Council Member Hart requested assurance that City staff work with the Juaneno Indian
Council with regard to the public park and use of the Blas Aguilar Adobe. Mr. Tomlinson
indicated those issues would be considered when plans for the park were presented to the City
Council.
ENGINEERING AND BUILDING DIRECTOR
PARK AND RECREATION FEES FOR GLENFED AREA H TRACT 13726 (420.30
Written Communication:
Report dated January 17, 1995, from the Engineering and Building Director, recommending
that the payment of remaining Park and Recreation Fees in the amount of $55,414 be
accepted for the .269 acres of dedicated parkland within G1enFed Area H, Tract 13726.
Richard Curtis, First Vice President of G1enFed Development, spoke in opposition to the staff
recommendation, stating that the applicant felt that previous dedications contained no
restrictions as to their use and their value was in excess of the amount of parkland normally
required. He noted a letter from the former City Manager, Stephen Julian, regarding the prior
negotiations between the City and G1enFed. He noted that G1enFed was no longer in the real
estate business and felt that an appraisal was necessary for the property located at the corner
of San Juan Creek Road and La Novia Avenue, which he felt was at the center of the
disagreement between the City and G1enFed in this matter.
Mr. Huber indicated that there was no way to evaluate the matter of increased valuation of
that property based on its use other than parkland and that staff still supported additional
dedication for Area H.
Acceptance of Remaining Park and Recreation Fees:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that payment of remaining Park and Recreation Fees in the amount of
$55,414 be accepted for the .269 acres of dedicated parkland within G1enFed Area H, Tract
13726,
COMMUNITY SERVICES DERECTOR
QUARTERLY REPORT - COMMUNITY SERVICE PROGRAMS.
GANG PREVENTION(5ao_22%
Written Communication:
Report dated January 17, 1995, from the Community Services Director, forwarding the
Quarterly Report for Community Service Programs, South County Gang Prevention Program,
for the period July -September 1994.
City Council Minutes
12_ 1/17/95
Max Madrid, Director, and Gang Specialist Cristina Valadez summarized Community Service
' Programs's activities to date. Mr. Madrid confirmed that the Community Service Programs
coordinates its activities with Police Services and the Boys and Girls Club.
The Report was received and filed.
POLICE SERVICES
CONTRACT FOR HELICOPTER SERVICE
(AIRBORNE LAW ENFORCEMENT)(600,30)
Written Communication:
Report dated January 17, 1995, from the Chief of Police Services, recommending that the
City enter into a contract with AirBorne Law Enforcement Services for helicopter services.
AirBorne Law Enforcement Services is a joint powers agreement created by the Orange
County Sheriffs Department and the police departments of Newport Beach, Costa Mesa, and
Huntington Beach. The Report recommended that the City participate as a subscriber for a
contract price of $23,040 for fiscal year 1994-95, noting that the cost would be $11,520 for
the remaining six months of fiscal year 1994-95.
Lt. Sullivan made an oral presentation and noted that the City averages approximately 14 calls
per service period. He noted that under the proposed subscriber contract pilots responded
' immediately to emergency calls rather than waiting for ground units. The helicopters would
provide preventative patrol, traffic monitoring, and criminal surveillance and could assist the
fire department and code enforcement officials.
IBJ
Council Member Swerdlin inquired whether the County bankruptcy situation would affect the
AirBorne Law Enforcement program. Lt. Sullivan indicated that the Orange County Sheriffs
Department elected to ground one AirBorne Law Enforcement crew due to the County's
financial situation but that a number of crews and flight hours were still available. He felt that
the proposed contract was more than adequate for the City's needs. Captain David Brooks
of the Costa Mesa Police Department and Secretary/Commander for AirBorne Law
Enforcement Services noted that the AirBorne Law Enforcement helicopter response time
was 62% quicker than a police car.
Approval of AirBorne Law Enforcement Services Agreement (Subscriber):
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that the AirBorne Law Enforcement Services Agreement (Subscriber)
be approved.
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ORDINANCE AMENDING SECTION 6-6.13 OF THE Ml TNICIPAL ODE
RELATING TO WASTE DISCHARGE PRETREATMENT AND SOURCE
CONTROL PROGRAM AND REPEALING ORDINANCE NOS 679 AND 717
(1040.30) (ADOPTION)
Written Communication:
Report dated January 17, 1995, from the City Clerk, advising that the Ordinance was
introduced at the meeting of January 3, 1995, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Campbell,
seconded by Council Member Hart, that the following Ordinance be adopted:
ORDINANCE NO. 758, 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 CONTROL PROGRAM
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
Written Communication:
Report dated January 17, 1995, from Carole Jacklin, Council Services Manager.
Consideration of an appointment to the Business Task Force was continued from the meeting
of January 3, 1995, to discuss with Task Force members their opinion as to whether a Council
Member should participate.
Mr. Scarborough indicated that staff had contacted the Task Force, and each member felt that
a Council Member's participation was an important component of their process. He noted
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that the City Attorney determined that Task Force meetings should be held as public meetings
to comply with the Brown Act. He stated, however, that the Task Force unanimously
preferred to conduct their meetings as business meetings and not public meetings and would
provide recommendations to address this matter. Mr. Denhalter recommended that a Council
appointment to the Task Force be postponed until their recommendations are discussed at a
public meeting.
It was a consensus of the Council that a Council appointment to the Task Force be continued
until Task Force recommendations are discussed at a public meeting.
2, APPOINTMENT OF CITY REPRESENTATIVE -
ORANGE COUNTY VECTOR CONTROL (,560.50)
Written Communication:
Report dated January 17, 1995, from Carole Jacklin, Council Services Manager, noting that
no applications had been received for the vacancy on the Orange County Vector Control
District.
Appointment of City Representative:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that Council Member Swerdlin be appointed as the City's representative
to the Orange County Vector Control District.
' 3. ORAL REPORTS OF OUTSIDE AGENCIES
.• ..•.• F1 • .1.
Council Member Hart noted that he was sworn inas the City's representative at the
Corridor's last meeting.
Council Member Hart noted that he was sworn in as the City's representative at the
Corridor's last meeting.
C. Lea,izue of California Cities (140.20)
Council Member Hart noted that he was sworn in as the City's representative at the
last League meeting.
. • r- -�• .- ,.rr, • r.. LG 11.1
Council Member Jones noted his attendance at his first meeting with the SERRA
' Board, at which a resolution was adopted authorizing the export of sludge from the
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SERRA plant to a location in the Mojave Desert. He stated that redirecting sludge
from the landfill would be very cost effective.
COUNCIL COMMENTS
DEPARTMENTAL ORIENTATION (610.15)
Council Member Swerdlin expressed appreciation to Mr. Huber for his orientation of the
Engineering and Building Department. Council Member Campbell suggested the due to the
time involved with orientations conducted by City staff, at least two Council Member should
participate in any future orientations.
2. COMMUNITY CENTER ARCHITECTURAL DESIGN (5530.40)
Council Member Campbell recommended that the Administrative Services Director be
included in the Selection Committee to interview architects for the design of the proposed
community center to ensure that the project will be financially self-sufficient.
Council Member Hart commended City staff for their efforts during the heavy rains in
January.
Mayor Nash requested that staff provide a status report in Council slots regarding the
activities occurring at the Chevron station located at the corner of Del Obispo Street and
Ortega Highway.
CLOSED SESSION
Council recessed to a Closed Session at 9:08 p.m. for:
Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the cases known as City of South El Monte v. Southern California Joint Powers Authority
and Arriaga v. County of Alameda; and
2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in one case, and Government Code Section
54956.9(c), for the initiation of litigation in two cases.
The City Clerk was excused therefrom, and the meeting reconvened at 11:15 p.m.
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ACTIONS FOLLOWING CLOSED SESSION
' Mr. Denhalter advised that by a unanimous vote, with Council Member Campbell absent, the Council
authorized participation in amicus curiae brief in the cases known as City of South El Monte v.
Southern California Joint Powers Authority and Arriaga v. County of Alameda. There was no
r7l
L
action to report on Item #2.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:17 p.m. to the
next regular meeting date of Tuesday, February 7, 1995, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
�RYL�JOSI(141�,
ATTEST:
CAROLYN N SH, MAYOR
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