95-0221_CC_Minutes_Regular Meeting.arm
FEBRUARY 21, 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 7:03 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor William Ferrell of The Life Church.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Wyatt Hart, Mayor pro tem
Collene Campbell, 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 Campbell, seconded by Council Member Hart, and unanimously
carried that all Ordinances be read by title only.
INTRODUCTIONS AND PRESENTATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner, Planning Commission; Mary Rose Winkler, Mobile Home Park
Review Committee; Bill Sonka and Mike Rosenberger, Transportation Commission; Pauline
Leonard and Stan Kensic, Parks, Recreation, and Equestrian Commission; and Bill Hardy Los
Rios Review Committee. Council Member Campbell also introduced AI Simmons, President
of the Seniors Club.
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ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
RV TRAFFIC ON LOS RIOS STREET (590.10)
Michael Palmer, 31871 Los Rios Street, stated that the speed bumps which were installed in
the Los Rios Historic District two months ago have improved the flow of traffic on Los Rios
Street. However, he expressed concern that RV's entering and exiting the nearby
Recreational Vehicle Storage facility were too large to safely maneuver on the 18 -foot -wide
Los Rios Street. He suggested that the storage facility direct their customers to use Paseo
Adelanto on the back side of the facility. Mayor Nash requested that the City Manager meet
with Mr. Palmer to discuss this matter further.
2. USE OF MICROPHONES (220.10)
Al Simmons, 32302 Alipaz Street, Space 135, urged the Council Members to speak directly
into the microphones for the benefit of those hard of hearing in the audience.
3. SHERIFF COMMENDATION (580.10)
Council Member Campbell stated that she had witnessed a crime in progress and a suspect
attempting to flee in the City on February 20. After fleeing on foot, the man, a parolee, was
apprehended by Sheriffs Deputies within four minutes of receiving the 9-1-1 call. She
commended the quick response by Sheriffs Deputies and the SET Team and expressed her
gratitude on behalf of the City.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar, with the
exception of the Approval of City Council Minutes for January 17, 1995. The motion carried by the
following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
APPROVAL OF CITY COUNCIL MINUTES - SPECIAL MEETING OF
FEBRUARY 1. 1995
The Minutes of the Special Meeting of February 1, 1995, were approved as submitted.
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2. RECEIVE AND FILE WARRANTS OF FEBRUARY 1. 1995 (300 30)
The List of Demands dated February 1, 1995, in the total amount of $398,055.37 was
received and filed.
The City Treasurer's Report of Investments as of January 31, 1995, in the total amount of
$13,839,731.58 was received and filed.
The Report dated February 21, 1995, from the Planning Director, advising that two new
development applications were received by the City since the last report of January 17, 1995,
was received and filed.
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As set forth in the Report dated February 21, 1995, from the Engineering and Building
Director, the following Resolution was adopted setting a public hearing for March 21, 1995,
' to consider formation of an underground utility district along the west side of El Camino Real
south of Ortega Highway:
RESOLUTION NO, 95-2-21-1. FORMATION OF UNDERGROUND
UTILITY DISTRICT NO. 95-1 - SETTING PUBLIC HEARING DATE -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CALLING A PUBLIC HEARING TO
DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR
WELFARE REQUIRES THE FORMATION OF UNDERGROUND
UTILITY DISTRICT NO. 95-1
PARTNERS) (170 10)
The Claim for Indemnity and Damages filed by Ken E. Steelman and David F. Brown of the
law offices of Corbett & Steelman, on behalf of San Juan Partners, was denied in its entirety,
as set forth in the Report dated February 21, 1995, from the City Attorney.
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The following item was removed from the Consent Calendar at the request of Mayor Nash:
U.M.•• • • 1 l ll► • ORAN ••
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the Minutes of the Regular Meeting of January 17, 1995, be
approved as modified by Mayor Nash as follows: page 11, the last sentence, was set out as
an additional item in the motion to read: "(3) The developer shall consider vehicular access
from Forster Street to Ortega Highway via El Camino Real."
PUBLIC HEARINGS
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Proposal:
Consideration of a request by Concorde Development for relief from Soil Subsidence
Insurance conditions imposed on Vesting Tentative Tract Map 14398 by City Council
Resolution No. 93-4-6-5; specifically, to rescind Conditions H-1 and H-3 and modify
Condition A-6, A-14, C-19, and H-2. These conditions set standards for the amount, term,
and carrier for soils subsidence insurance with the objective of protecting the City, future
subdivision lot owners, and adjacent Connemara property owners from liability in the event
of a catastrophic slope failure. This item had been considered on October 18, 1994, and
tabled indefinitely at that time to allow the applicant to conduct a construction -level
geotechnical analysis to determine the probability of a slope failure. The project is a 79 -lot,
99 -acre residential subdivision located at the northerly terminus of Camino Las Ramblas.
Applicant:
Concorde Development
19752 MacArthur Blvd., Suite 240
Irvine, CA 92715
Written Communications:
(1) Report dated February 21, 1995, from the Planning Director, noting that City staff
verified the applicant's contention that the required soil subsidence insurance was not
obtainable. The geotechnical analysis concluded that the Connemara slope was stable
and that the proposed grading could be accomplished within industry safety standards.
The only probability of slope failure was limited to the proposed clean-out of
unconsolidated material from Deep Canyon. The draft Resolution included conditions
requiring that: 1) a $5 million surety mechanism be in place to ensure against damage
to Connemara homes located above the Deep Canyon clean-out; 2) permission from
homeowners on Dungarvin Lane and on the east side of Kinkerry Lane be solicited
to conduct a pre -construction survey; 3) a Soils Warranty Program be implemented
for all lots prior to approval of the Final Map; 4) required securities or bonds be
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submitted to guarantee project completion; and, 5) the developer defend, indemnify,
and hold harmless the City from any liabilities.
(2) Letter dated February 6, 1995, from Kenneth H. Combs, 27662 Dungarvin Lane,
requesting that the applicant's geotechnical consultant, Leighton & Associates, bore
another hole in the center of the slope beneath the Connemara homes to obtain
sufficient geologic information and to ensure the stability of the hillside below the
Connemara development.
(3) Memorandum dated February 21, 1995, from the Council Services Administrator,
forwarding again for Council information, a letter dated October 19, 1994, from Mr.
and Mrs. Ernie Burnett, 27672 Dungarvin Lane, requesting the project not be
approved until additional geotechnical analyses and methods for safe construction are
presented.
Exhibits were on display, and Dick Bobertz, Planning Manager, made an oral presentation.
He recommended that a modification be made to proposed Condition A6(b) to protect against
slope failure and soil subsidence. The modification would require that the $5 million surety
instrument remain in effect until all grading bonds for the subdivisions were released, to occur
no less than six months after completion of grading.
' Dennis Gage, President of Concorde Development, spoke regarding the firm's experience with
grading operations and ensuring the safety of slopes. He commended the City's efforts in
verifying the geotechnical reports for this development and concurred with the
recommendations and modifications proposed by staff.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following persons responded:
(1) Dennis Hannan, President and Principal Engineering Geologist of Hannan
Geotechnical, Inc., spoke on behalf of the Connemara residents. He stated he had
reviewed the first preliminary soils report prepared on the project and the
supplemental report prepared by Leighton and Associates. He stated that the boring
done by Irvine Soils between the two holes bored on the hillside by Leighton &
Associates below the Connemara development was still of concern since Irvine Soils
did not provide sufficiently detailed drawings; further, there was no proof that
weaknesses in that area did not exist. He noted that Leighton & Associates had stated
the borings were reasonably comparable; however, Connemara residents wanted the
same level of detail on the Irvine Soils boring as was available from the Leighton &
Associates borings. He stated that if the hole drilled between the two drilled by
Leighton & Associates showed no clay seams or potential weakness they would be
satisfied.
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(2) Ernie Burnett, 27672 Dungarvin Lane, noted his letter dated October 19, 1994, to
then Mayor Collene Campbell expressing his concerns regarding the potential for a
catastrophic slope failure in the area below the Connemara development. In the letter
Mr. Burnett referenced comments made by Hannan Geotechnical, Inc. and provided
estimates of costs to repair the hillside should a slope failure occur. He requested that
a thorough geotechnical analysis be performed for the entire project before grading
commenced to ensure slope stability.
(3) Ken Combs, 27662 Dungarvin Lane, expressed concern that removing the toe of the
natural slope, as proposed by the applicant, could impact the stability of the hillside
below the Connemara development. He urged that the data submitted by Irvine Soils
be completed. He discussed the unavailability of insurance for this type of project
and the problems with selling bonds to finance the proposed Geologic Hazard
Abatement District. He urged that one more hole drilled to allow proper analysis of
the crucial part of the slope.
(4) Gale Darter, 33781 Limerick Lane, inquired whether the proposed Geological Hazard
Abatement District would be established for the 79 new homes or if it would include
other areas. Mr. Tomlinson advised that the Geological Hazard Abatement District
would be for the new subdivision homes only. Mr. Darter inquired how the
Geological Hazard Abatement District would cover a slope failure since the hillside
is shared by both the Connemara and Concorde developments. Mr. Huber stated that
the proposed Geological Hazard Abatement District would cover a slope failure based
on cause and location of the failure. Mr. Darter expressed concern with determining
the cause of a slope failure.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
In response to Council questions, Stephen Jensen, Vice President and Principal Geologist of
Petra Geotechnical South, Inc., who performed the third -party geotechnical review of the
hillside at the request of the City, summarized the standards and guidelines established for
addressing specific problems and solutions regarding slope failures. He agreed with the
recommendation by Hannan Geotechnical that additional work should be performed to
address the specific area of concern below the Connemara development. He noted that the
work performed by Leighton & Associates met all of the City's requirements and industry
standards. He stated that although additional areas of review would be necessary at the
engineering stage during grading operations, he felt the project was ready to move forward.
Mr. Tomlinson recommended that a new Condition A6(d) be added to address the concerns
of the Connemara residents. The new condition would require an additional boring and
geotechnical analysis of the area between the two borings made by Leighton & Associates to
be performed by the applicant prior to consideration of the final grading plan to ensure slope
stability. If the results of the previous geotechnical investigations were not conclusively
supported by the new analysis, the project and study would be returned to the City Council
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for further consideration. Mr. Tomlinson advised that this condition would allow additional
' testing to occur prior to the City Council releasing the project for Final Map.
In response to Council questions, Dennis Gage, project applicant, felt there was sufficient
information on the borings. Mike Stewart of Leighton & Associates explained the boring
procedure, and a cross-section of the area in question was drawn and submitted. He advised
that the borings made by Leighton & Associates in the critical area concluded there was no
instability.
Council Discussion:
Council Member Jones felt that the geotechnical analyses performed by the applicant were
adequate and that the modified conditions recommended by staff would address the concerns
of the Connemara residents. Council Member Hart agreed that the project should move
forward while the additional geotechnical analysis of the middle location of the slope was
conducted. He noted that with the modified conditions recommended by staff, any problems
uncovered by the additional analysis would be brought back to the Council for consideration
prior to approval of the Final Map. Council Member Campbell indicated that her initial
concerns with the geotechnical aspects of the project had been addressed. Council Member
Swerdlin stated he had visited the site several times over the past month and a half and
concurred with the recommendations proposed by staff. Mayor Nash stated that although she
preferred that soil subsidence insurance be obtained by the applicant, she felt the modified
conditions proposed by staff were adequate to address everyone's concerns.
Adoption of Resolution Rescinding and Modifying Conditions of Resolution No.
93-4-6-5 for Concorde Development:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted, with the following modifications:
(1) Condition A6(b) was modified, as follows: "Surety for Damage to Existing Homes -
A minimum of $5,000,000 surety instrument approved by the City Attorney and
Building Official shall be in place during grading operations and shall remain in effect
until the release of allr@ ading bonds for the subdivision. However. in no instance
shall this be less than six (6) months after completion of all grading work."
(2) New Condition A6(d) was added, as follows: "Prior to consideration of the final
grading plan (prior to Final Map), prepared in accordance with Condition No. A-2 of
City Council Resolution No. 93-4-6-5, a Geotechnical Analysis shall be submitted by
the developer, to include a further test boring between LB -8 and LB -9 to verify the
temporary slope stability conclusions submitted to the City in the Leighton and
Associates Supplemental Geotechnical Investigation dated December 19, 1994. Said
report shall be reviewed by the City's Geotechnical Consultant, who shall prepare and
submit a report on their findings and recommendations concurrent with the grading
plan. If the conclusions of the Geotechnical Investigation are not conclusively
■ supported by the results of the test boring, the project and study shall be returned to
the City Council for further consideration."
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RESOLUTION NO 95-2-21-2 APPROVING MODIFICATIONS TO
RESOLUTION NO 93-4-6-5 VESTING TENTATIVE TRACT MAP
14398 (CONCORDE DEVELOPMENT) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RESCINDING CONDITIONS H-1 AND H-3 AND
MODIFYING CONDITIONS A-6, A-14, C-19, AND H-2 OF
RESOLUTION NO. 93-4-6-5 TO APPROVE VESTING TENTATIVE
TRACT MAP 14398 (CONCORDE DEVELOPMENT)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:10 p.m. and reconvened at 8:18 p.m.
PUBLIC HEARINGS (continued)
Proposal:
Consideration of a request by Kinoshita Enterprises, L.P., a California limited partnership, to
issue one Replacement Note to Kinoshita Enterprises, L. P., with a date of March 6, 1991,
in the amount of $3,916,450.71, to replace three Notes issued on March 6, 1991, to Shigeru
Kinoshita, in the amount of $21,393.19; Shigeru Kinoshita Family Trust, in the amount of
$3,177,958.95; and, Shigeru Kinoshita Children's Trust, in the amount of $717,098.57. The
Replacement Note will maintain the same terms and conditions of the original Notes.
Applicant:
Kinoshita Enterprises, L.P.
28901 Via Hacienda
San Juan Capistrano, CA 92675
Written Communication:
Report dated February 21, 1995, from the Administrative Services Director, recommending
that one Replacement Note be issued in exchange for the three Original Notes for the same
amount and with the same terms and conditions as the Original Notes.
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Ms. Pendleton made an oral presentation.
' Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving the Issuance of One Replacement Promissory
Note for Kinoshita Enterprises, L.P.:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION OF A
REPLACEMENT PROMISSORY NOTE IN FAVOR OF KINOSHITA
ENTERPRISES, L.P., A CALIFORNIA LIMITED PARTNERSHIP
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Authorization to Execute Replacement Note:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the Chairman of the Community Redevelopment Agency be
authorized to execute the Replacement Note.
Council recessed at 8:21 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:35 p.m. as the City Council.
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Written Communication:
Report dated February 21, 1995, from the Planning Director, forwarding the request from
Michael Palmer to waive the $1,500 fee required for processing Zone Variance 95-1 and all
fees associated with the processing of historic resources. Staff recommended that the Zone
Variance fee be waived and that City Council Policy No. 603 be applied to assist in the
relocation of the historic Hugo Forster House to 26821 Acjachema Street.
Mr. Tomlinson made an oral presentation. He noted that the proposed waiver of fees would
not impact the requirement to process Zone Variance.
Adoption of Resolution Approving Waiver of Fees for Zone Variance 95-1 and
Application of City Council Policy No. 603:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO 95-2-21-4 APPROVING WAIVER OF FEES FOR
ZONE VARIANCE 95-1 - PRESERVATION AND RELOCATION OF
HISTORIC FOR. TER HOUSE (EALMERI -A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE WAIVER OF FEES FOR ZONE
VARIANCE 95-1 AND THE APPLICATION OF CITY COUNCIL
POLICY 603 FOR THE PRESERVATION AND RELOCATION OF THE
HISTORIC FRANK FORSTER HOUSE TO A SITE LOCATED AT 26821
ACJACHEMA STREET (PALMER)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
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2. APPROVAL OF THE HOUSING OPPORTUNITIES PROGWAI
RESOURCE.FOR DEVELOPING HOUSING ASSISTANCE P
Written Communication:
Report dated February 11, 1995, from the Planning Director, forwarding the HOPE Plan
(Housing Opportunities Program and Empowerment Plan) for adoption. The HOPE Plan
would establish a framework for processing and developing housing assistance programs and
projects in the City, including a five-year action plan to expand the City's efforts and resources
toward the provision of affordable housing. Proposed provisions in the Plan include the
creation of specific development standards for senior and multi -family housing projects,
funding for first-time homebuyers, funds for mobile home improvements and corrections, and
rental securements and subsidy assistance. The Report also recommended that staff be
directed to initiate programs related to the expenditure of set-aside funds toward certain
programs, process a Code Amendment to establish in -lieu housing fee requirements for new
subdivisions involving more than five dwelling units, and process a Code Amendment to
establish senior/family affordable housing standards and requirements.
Mechelle Lawrence, Assistant Planner/Project Manager, made an oral presentation. In
response to an inquiry from Council Member Swerdlin, she advised that a rent subsidy
program, in preliminary draft form, was included in the Plan. She noted that a more concise
rent subsidy program would be developed in the future.
Public Comments:
(1) Pauline Leonard, 27589 Brookside Lane, speaking of behalf of the San Juan Housing
Advocates and the Mary Erickson Foundation, submitted and read her letter dated
February 21, 1995, indicating the organizations' total support of the Plan. She
suggested that consideration be given to reversing the percentages of rental and home
buyers and increasing low-income needs from 10% to 20%. She urged that the Plan
be adopted and implemented as soon as possible.
(2) Jessica Dean, 27032 Paseo Burledero, #C, member of the San Juan Housing
Advocates and the Mary Erickson Foundation, concurred with the comments made
by Ms. Leonard. As a member of the board on the County's Homeless Issues Task
Force, she urged that the City cooperate with the Task Force to end homelessness.
She felt that the City's adoption of the Plan was taking the right steps toward assisting
low-income persons.
(3) David Silva, President of Silva Development Services, 8272 Elmcrest Lane,
Huntington Beach, indicated he was an independent affordable housing contractor.
He felt that the Plan was practical, offered affordable housing programs, and could
be implemented. He commended City staff on their efforts to address the needs of
their community and voiced his support of the Plan.
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078
Adoption of Resolution Adopting the HOPE Plan:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO 95-2-21-5 ADOPTING THE HOPE PLAN - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE HOPE PLAN AS A
FRAMEWORK FOR PROCESSING AND DEVELOPING HOUSING
ASSISTANCE PROGRAMS AND PROJECTS IN THE CITY OF SAN
JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Direction to Initiate Programs and Process Code Amendments:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that staff be directed to:
(1) Initiate programs related to the expenditure of set-aside funds toward a) First -Time
Buyers/Downpayment Assistance; b) Rental Securement; c) Subsidy Assistance; and
d) Mobile Home Exterior Health and Safety Code Corrections to help meet San Juan
Capistrano's existing housing needs;
(2) Process a Code Amendment to establish in -lieu housing fee requirements for new
subdivisions involving more than five dwelling units; and
(3) Process a Code Amendment to establish senior/family affordable housing standards
and requirements.
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Written Communications:
(1) Report dated February 21, 1995, from the Engineering and Building Director,
recommending that the contract for the construction of Phase I of the Sports Park be
awarded to the lowest responsible bidder, Tony Wanket Construction, Inc., in the
amount of $2,162,178.41. The proposal included an upgraded irrigation system for
the Agricultural Preserve Farm in the amount of $83,406.50.
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(2) Memorandum dated February 17, 1995, from Sharon Heider, Open Space Project
' Manager, clarifying certain statements in the staff report.
Sharon Heider, Open Space Project Manager, made an oral presentation. She noted that
construction of Phase I was tentatively scheduled to begin in March 1995, with the fields
ready for play by October 1995.
Council Member Campbell felt that a small area for roller hockey play should be incorporated
into the plans because of the popularity of this sport with youth in the City. She requested
that staff provide a recommendation to the Council regarding potential sites for this activity.
Mr. Huber indicated he would submit a report to the Council during future phases of the
Sports Park that would include other proposals to address this suggestion.
Award of Contract for Construction of Phase L San Juan Capistrano Sports Park:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the contract for the construction of Phase I of the Sports Park be
awarded to the lowest responsible bidder, Tony Wanket Construction, Inc., in the amount of
$2,162,178.41. All other bids were rejected. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
Approval of Budget Amendments and Authorization of Expenditures:
It was moved by Council Member Jones, seconded by Council Member Hart, and
' unanimously carried that budget amendments be approved for the project to utilize $245,008
of interest from Open Space Bond proceeds. The expenditure of $92,747 was authorized
from the Kinoshita Farm Fund/Agricultural Preservation Fees for the construction of a new
irrigation system at the Farm.
Written Communications:
(1) Report dated February 21, 1995, from the Director of Public Lands and Facilities,
recommending that a Council Policy be adopted to regulate the interim use of the
Northwest Open Space site.
(2) Memorandum dated February 17, 1995, recommending a modification to the
proposed Council Policy to allow the City Manager to require review by the Traffic
Engineer of events under 100 cars.
Jack Galaviz, Public Lands and Facilities Superintendent, made an oral presentation.
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080
Adoption of Council Policy 506:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that Council Policy No. 506 be adopted regulating the interim use of the
Northwest Open Space site, with the additional provision that the City Manager be authorized
to require review by the Traffic Engineer of events under 100 cars.
COMMUNITY SERVICES DIRECTOR
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Written Communication:
Report dated February 21, 1995, from the Community Services Director, recommending that
a Memorandum of Understanding be approved between the City and the School District
outlining the City's responsibilities as part of the Healthy Start program. The development
of a Senate Bill 620 Healthy Start Implementation Grant was initiated in January, 1994, by
a collaborative team comprised of the San Juan Elementary School and various other
community-based organizations and individuals. That proposal was not approved at that time
and was being resubmitted with the Memorandum of Understanding indicating City support.
Healthy Start funding is offered to school districts, county offices of education, and local
educational agencies to create partnerships that would meet the health, mental health, social
service, and academic support needs of low-income youth and their families.
Aonroval of Memorandum of Understanding - Healthy Start Integrated Services:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that the Memorandum of Understanding between the City and the
Capistrano Unified School District be approved outlining the City's responsibilities if the
Senate Bill 620 Healthy Start Implementation Grant is awarded to the Capistrano Unified
School District.
POLICE SERVICES
Written Communication:
Report dated February 21, 1995, from the Chief of Police Services, recommending that the
draft Ordinance be introduced adding Section 1-2.09 to the Municipal Code to permit the City
to recover booking fees from persons convicted of criminal offenses.
Introduction of Ordinance for the Recovery of Booking Fees:
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 Mayor Nash, seconded by Council
Member Hart, that the following Ordinance be introduced:
City Council Minutes -14- 2/21/95
' SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 1-2.09
OF THE CODE TO THE SAN JUAN CAPISTRANO MUNICIPAL CODE
RELATING TO JAIL BOOKING FEES FOR PERSONS ARRESTED IN
THE CITY OF SAN JUAN CAPISTRANO AND SUBSEQUENTLY
CONVICTED
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Written Communication:
Report dated February 21, 1995, from the City Clerk, advising that the Ordinance was
introduced at the meeting of February 7, 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 Jones, seconded
by Council Member Swerdlin, that the following Ordinance be adopted:
C�UI771�I:��Cd��i��(.' : ' ' : �Fl1�C�7yl/I� ►I ' • 1 '
ENTERPRISES) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE 94-02, AN
AMENDMENT OF THE TEXT OF SPECIFIC DEVELOPMENT PLAN
87-1 FOR THE PRICE CLUB CENTER (PRICE ENTERPRISES)
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
City Council Minutes
Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
None
None
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2/21/95
rim
W -PA
2. AMENDMENT TO TITLE 7. CHAPTER 2. CABLE TELEVISION SYSTEMS
(1000.30) (ADOPTION)
Written Communication:
Report dated February 21, 1995, from the City Clerk, advising that the Ordinance was
introduced at the meeting of February 7, 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 Jones, seconded
by Council Member Hart, that the following Ordinance be adopted:
ORDINANCE NO. 760. GRANTING AND REGULATING FRANCHISES
FOR CABLE COMMUNICATIONS SYSTEMS - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTER 2, CABLE TELEVISIONS, OF TITLE 7, PUBLIC WORKS, OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO PROVIDE FOR
THE GRANTING AND REGULATION OF FRANCHISES FOR CABLE
COMMUNICATIONS SYSTEMS
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
• 1_ U 1"'1903TOM
Written Communication:
Report dated February 21, 1995, from Carole Jackl4 Council Services Administrator, noting
that the vacancy had been advertised and applicants interviewed by Council Members Hart
and Swerdlin. This item was continued from the meeting of February 7, 1995, at the request
of the Council Ad Hoc Committee.
Appointment of Member:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and
unanimously carried that Ed Johnson be appointed to the vacancy on the Mobile Home Park
Review Committee.
City Council Minutes -16- 2/21/95
DF.1•
2. APPOINTMENT OF TWO MEMBERS TO THE PLANNING COMMISSION
(110,20) (CONTIN(JED FROM FEBRUARY 7- 1995)
Written Communication:
Report dated February 21, 1995, from Carole Jacklin, Council Services Administrator, noting
that the vacancy had been advertised and applicants interviewed by Council Members Hart
and Swerdlin. This item was continued from the meeting of February 7, 1995, at the request
of the Council Ad Hoc Committee.
Appointment of Member:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that Mark
McGuire and Kathy McInerney be appointed to the vacancies on the Planning Commission.
The motion was carried by a 4-1 roll call vote, with Council Member Campbell voting in
opposition.
Written Communication:
Report dated February 21, 1995, from Carole Jacklin, Council Services Administrator,
forwarding the letter of resignation.
' Acceptance of Resignation/Declaration of Vacancy:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried to accept the resignation of Joan Scarantino from the Mobile Home Park
Review Committee and to declare the position vacant. Staff was directed to prepare
appropriate documents to commend Ms. Scarantino for her community service. The City
Clerk was directed to post notices of the vacancy and to advertise for applications for the
position for consideration at the Council meeting of March 7, 1995.
�•I7:�•� SIII•7: Y•T;�i1•1ll�Yl l:� 9C" y
Council Member Campbell noted that the Corridor Agencies were holding additional
meetings to ensure that construction of the Corridors would continue on schedule,
despite the County's bankruptcy status.
�IWTFIZFMO ton
Council Member Campbell advised that former San Clemente City Councilman Scott
Diehl was elected to represent the South County area on the Airport Committee.
City Council Minutes -17- 2/21/95
MI
C. Southeast Regional Reclamation Authority (SERRA) (1040,60)
Council Member Jones noted that a report from SERRA was provided to all Council
Members in slots. He reported that the SERRA General Manager was expected to
leave on February 22 to meet with Ron Packard in Washington, D.C. to apply for
funding to repair and maintain sewer and water lines which intersect with creeks.
COUNCIL COMMENTS
1. TASTE OF SAN JUAN (,150.60)
Council Member Jones noted the Taste of San Juan fund-raiser for the Fiesta de las
Golondrinas scheduled for February 22, 1995, from 6:30 p.m. to 8:00 p.m. at the El Adobe
restaurant. The cost is $5.00 per person, and doors will open at 5:30 p.m. He noted that the
Ballet Folklorico was scheduled to perform.
2. ROLLER HOCKEY ARENAS (960.50)
Council Member Hart inquired about the information to be provided by staff regarding
potential sites for roller hockey play. He suggested that construction of the play arena
commence after completion of the Community Center. Messrs. Huber and Scarborough
advised that their report to the Council would include information on past and current
proposals, other options, and potential sites.
3. ORANGE COUNTY VECTOR CONTROL MEETING (560.50)
Council Member Swerdlin noted his attendance at the County Vector Control District
meeting on February 17, 1995, at which the topics of maggots and the County bankruptcy
were discussed. He advised that he was appointed to the District's Building Committee.
4. DEPARTMENT ORIENTATION (610.15)
Council Member Swerdlin noted his tour of the City with Mr. Tomlinson that was conducted
from a planning standpoint.
CLOSED SESSION (610,85)
Council recessed to a Closed Session at 9:20 p.m. for:
1. 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), the initiation of litigation in three cases;
2. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et al, claimant,
against the City of San Juan Capistrano; and
City Council Minutes- -18- 2/21/95
3. Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against
the City of San Juan Capistrano.
The City Clerk was excused therefrom, and the meeting reconvened at 10:48 p.m.
1 ► I I I / 1 I
Mr. Denhalter advised that in reference to Closed Session Item #1, the Council was requested by
neighboring cities to participate in litigation to attack Measure A, which was initiated by certain
South County cities. The Council unanimously agreed to participate in the litigation as a plaintiff
only, and not to participate financially.
Mr. Denhalter advised there was no action to report on the remaining items.
11111ROUTDICIR
There being no further business before the Council, the meeting was adjourned at 10:49 p.m. to the
next regular meeting date of Tuesday, March 7, 1995, at 7:00 p.m. in the City Council Chamber.
ATTEST:
CAROLYN 14ASH, MAYOR
City Council Minutes
Respectfully submitted,
GAJ((
CHERYL JOHU90N,XITY CLERK
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