95-0404_CC_Minutes_Regular Minutes123
' APRIL 4, 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 7:10 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford of the Coast Bible 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
I 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
011 / I 11!101 9 '' I 1 1
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner (Planning Commission), Don Tryon (Cultural Heritage
Commission), Ilse Byrnes and Pauline Leonard (Parks, Recreation, and Equestrian
Commission), Francis Tipton (Alternative, Mobile Home Park Review Committee), Bill
Sonka (Transportation Commission), and Bill Hardy (Los Rios Review Committee).
ORAL COMMUNICATIONS
1. CASPERS PARK (420.90)
' Ilse Byrnes, 30500 Hilltop Way, noted her letter dated March 21, 1995, to County Supervisor
Marian Bergeson, requesting that the front portion of Caspers Park be re -opened to families
City Council Minutes -1- 4/4/95
124
and small children in the near future. She urged the Council to forward a letter of support to
the County Supervisors to reopen the front of Caspers Park.
Finding for Consideration of Off-Aeenda Item:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, 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.
Approval to Send Letter from Council to County Supervisors Re: Caspers Park:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried that a letter be forwarded from the City Council to each County
Supervisor, with the signatures of all five Council Members, urging that the Board consider
re -opening the front portion of Caspers Park to families and small children.
Al Simmons, 32302 Alipaz Street, Space 135, speaking as President of the San Juan
Capistrano Seniors Club, expressed appreciation to the Council for its Proclamation declaring
May 1995 as Older Americans Month. He announced the annual Seniors Club picnic
scheduled for Friday, May 19, 1995, at 12:00 noon at Descanso Park. He invited attendance
by Council and staff and expressed appreciation for the assistance given by City staff
members, particularly the City Manager, the Community Services Director, and Elaine Tracy,
Senior Coordinator.
3. DRIVE-BY SHOOTING - CAPISTRANO VILLAS (585.10)
a. Christopher Smithson, 26588 Calle Santa Barbara, expressed the frustration and fear
felt by residents in the Capistrano Villas regarding the increase in crime in their
neighborhood. He requested that the City do something to help residents fight crime
in their neighborhoods.
Mr. Scarborough advised that the City has committed major resources toward public
safety, including reducing budgets in other programs to increase funding for public
safety. He stated that the City Council's commitment to public safety would continue
and encouraged the Capistrano Villas Homeowner Associations to work with the City
to find solutions to the problems.
Lt. Sullivan spoke regarding the personnel assigned to public safety. He advised that
2 years ago the City had added two deputies, known as the Special Enforcement
Team, which devotes 90% of its time addressing problems in the Casa de Capistrano
and Capistrano Villas neighborhoods. Additionally, there is the Gang Enforcement
Team, consisting of a Supervisor and eight Deputies, two of whom work exclusively
to monitor gangs in the City. One Deputy is assigned to Marco Forster Middle School
10 hours a week as a peer counselor. He noted that the City has put resources to the
Probation Department for enhanced service, which along with the Sheriffs Deputies
City Council Minutes
-2-
4/4/95
125
' monitors gangs more closely than that regular probationers. He further discussed
programs for youth -at -risk. Mr. Scarborough noted that at least one patrol unit is in
the Casa de Capistrano or Capistrano Villas neighborhoods at all times.
b. Jerry Nieblas, 31574 Los Rios Street, felt that the people involved in the recent drive-
by shooting which occurred on March 30, 1995, were gang members and he
expressed outrage at the incident and the level of gang activity in the City. He
requested that the City do more to protect its citizens.
C. Jack Allen, 31511 Los Rios Street, felt that the recent drive-by shooting had been
downplayed in newspaper accounts. He noted that residents of Capistrano Villas #3
have been very involved in the Neighborhood Preservation Program and that residents
would continue their efforts to have these types of incidences reported in the
newspapers.
d. Joanne Mazzocchio, 31573 Los Rios Street, noted that the shooting victims were only
14 and 18 years old. She felt that the City's efforts to date have not been effective and
requested that additional enforcement be provided and penalties be tougher.
Council Member Campbell noted that judges have informed Sheriffs Deputies working in the
City that they are hassling gang members and nothing is going to be done in the courts. She
' felt the City was doing everything possible to alleviate problems caused by people gathering
on the streets, which the judges have called a violation of their rights. She stated that part of
the problem is the lack of tough enough laws and in some cases, judges who do not enforce
the laws. She noted that offenders are frequently released almost immediately after being
cited. She indicated that she was also very upset and frustrated about the gang problems in
the City and emphasized the City's commitment and priority in resolving them.
Council Member Jones felt that the continuous presence of law enforcement in certain areas
may make a difference, and that a lack of parental guidance contributed to the problem.
Council Member Hart felt that issuing citations to these types of individuals was ineffective
and advised that he would do everything he could to provide the residents with relief in this
matter.
Mayor Nash requested that the City Manager and Lt. Sullivan meet with residents of the
Capistrano Villas to discuss these issues. Mr. Scarborough indicated he would schedule a
broad-based neighborhood meeting to discuss the City's and the Sheriffs Department's
options in this matter and how the residents and homeowners associations could assist in that
effort.
CONSENT CALENDAR
' It was moved by Council Member Campbell, seconded by Council Member Jones, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
City Council Minutes -3- 4/4/95
126
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
The Minutes of the Regular Meeting of March 7, 1995, were approved as submitted.
The List of Demands dated March 15, 1995, in the total amount of $529,538.70 was received
and filed.
RECEIVE AND FILE CASH BALANCES BY FUND FOR FEBRUARY 1995
(330,50)
The City Treasurer's Report of Cash Fund Balances for the month of February 1995 in the
total amount of $143,311.84 was received and filed.
As set forth in the Report dated April 4, 1995, from the Engineering and Building Director,
the following Resolution was adopted declaring the Capital Improvement Project consisting
of the construction of permanent erosion control along La Novia Avenue from Valle Road
easterly to be complete:
RVI - 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 LA
NOVIA EROSION CONTROL PROJECT EASTERLY OF VALLE ROAD
(KUNG'S CRAWLER AND BACKHOE SERVICE)
The Resolution accepted the work as complete in the amount of $65,830.74 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 $6,583.07 thirty-five (35) days after recording
the Notice of Completion.
City Council Minutes -4- 4/4/95
127
In response to. an inquiry by . r Member r' . r' regarding sandbags on Valle Road,
Huberrr 'r he would investigaterr report back.
5. RESOLUTION- NOTICE OF COMPLETION. AND FINAL REPORT -
CONSTRUCTION OF FORSTER RECREATIONAL VEHICLE DRAINAGE
SYSTEM. GENERAL : ► AMENDMENT :8-1 - CONDITIONAL USE PE;DIY
1 (RANCHO •:: _• A. •' .1161
As set forth in the Report dated April 4, 1995, from the Engineering and Building Director,
the following Resolution was adopted declaring the construction of a drainage system at
32532 Alipaz Street, Assessor's Parcel Nos. 121-171-46 and 121-171-47, by Thomas A.
Forster to be complete:
RESOLUTION NO, 95-4-4-2. COMPLETION OF DRAINAGE
IMPROVEMENTS AND RELEASE OF BOND - RANCHO RV STORAGE
(THOMAS A. FORSTERIGENERAL PLAN AMENDMENT 88-1) - 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
CONSTRUCTION OF A DRAINAGE SYSTEM AT 32532 ALIPAZ
STREET, SAN JUAN CAPISTRANO (ASSESSOR PARCEL NOS.
121-171-46 AND 121-171-47) (THOMAS A. FORSTERRANCHO RV
STORAGE)
The Resolution accepted the work as complete and directed the City Clerk to forward a
Notice of Completion to the County Recorder. Staff was authorized to release the
corresponding bond in the amount of $118,800 representing 100% of the City Engineer's
estimated cost for the project.
As set forth in the Report dated April 4, 1995, from the Engineering and Building Director,
the following Resolution was adopted declaring the installation of the Rosenbaum storm drain
to be complete:
RESOLUTION NO. 95-4-4-3. COMPLETION STORM DRAIN
POPROVEMENTS - ROSENBAUM STORM DRAIN. CAPITAL
IMPROVEMENT PROJECT NO. 139 (PACIFIC WEST BOBCAT AND
HAULINGI - 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 THE ROSENBAUM STORM DRAIN SYSTEM,
CAPITAL IMPROVEMENT PROJECT NO. 139 (PACIFIC WEST
BOBCAT AND HAULING)
City Council Minutes -5- 4/4/95
' •
JU •'.0
•' I
I I'' • Ul '' • •
'
1 C •
C •
� . 11 1
As set forth in the Report dated April 4, 1995, from the Engineering and Building Director,
the following Resolution was adopted declaring the installation of the Rosenbaum storm drain
to be complete:
RESOLUTION NO. 95-4-4-3. COMPLETION STORM DRAIN
POPROVEMENTS - ROSENBAUM STORM DRAIN. CAPITAL
IMPROVEMENT PROJECT NO. 139 (PACIFIC WEST BOBCAT AND
HAULINGI - 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 THE ROSENBAUM STORM DRAIN SYSTEM,
CAPITAL IMPROVEMENT PROJECT NO. 139 (PACIFIC WEST
BOBCAT AND HAULING)
City Council Minutes -5- 4/4/95
128
The Resolution accepted the work as complete in the amount of $56,680.50 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 $5,668.05 thirty-five (35) days after recording
the Notice of Completion.
7. AWARD OF CONTRACT - PAVEMENT MARKING MAINTENANCE -
INSTALLATION AND REMOVAL (ORANGE COUNTY STRIPING SERVICE-
\ (600,30)
As set forth in the Report dated April 4, 1995, from the Engineering and Building Director,
the contract for the maintenance/removallinstallation of pavement markings within the City
was awarded to the lowest responsible bidder, Orange County Striping Service, Inc., for the
one-year period beginning July 1, 1994, and ending June 30, 1995. The contract also
provided for automatic contract renewals for two one-year terms. All other bids were
rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the
City.
=1191 MAN, VAILIJ IL4 M&M -0161
As set forth in the Report dated April 4, 1995, from the Planning Director, the Historic
Depiction Program proposed for Denny's Restaurant, consisting of text and photographs of —
past restaurants and inns was ordered received and filed. The Report noted that the Historic
Depiction Program had been approved by the Cultural Heritage Commission on
December 13, 1994,
• � • I � �_ . .. � .1 Jam.
. 1
As set forth in the Report dated April 4, 1995, from the Planning Director, the narrative
plaque proposed for the existing Historic Depiction Program at the southern rail passenger
platform was ordered received and filed. Staff was directed to replace the existing Fountain
Grass with a low -growing ground cover. The Report noted that the Historic Depiction
Program had approved by the Cultural Heritage Commission on December 13, 1994,
As set forth in the Report dated April 4, 1995, from the Engineering and Building Director,
the following Resolution was adopted setting a public hearing for May 2, 1995, regarding the
vacation of an unaccepted Irrevocable Offer of Dedication for Equestrian Path Purposes:
City Council Minutes -6- 4/4/95
129
' RESOLUTION NO. 95-4-4-4 - INITIATING VACATION OF
IRREVOCABLE OFFER FOR EOUESTRIAN PATH
(SPAULDINGIPATTERSONNAUGHAN) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO VACATE AN
IRREVOCABLE OFFER FOR EQUESTRIAN PATH PURPOSES WITHIN
LOT B OF DIVISION OF LAND 75-3, RECORDED IN BOOK 73, PAGES
14 AND 15 (SPAULDING/PATTERSONNAUGHAN)
The Report advised that agreement had been reached for public use of the improved,
previously private Peppertree Bend Trail and the subject easement was no longer required.
As set forth in the Report dated April 4, 1995, from the Engineering and Building Director,
the following Resolution was adopted setting a public hearing for May 2, 1995, regarding the
vacation of an equestrian easement within Lots A and B, Tract 9204:
RESOLUTION NO. 95-4-4-5 - INITIATING VACATION OF
' EQUESTRIAN EASEMENT - TIERRA DEL CABALLO - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS TO
VACATE AN EQUESTRIAN EASEMENT WITHIN LOTS A AND B OF
TRACT 9204, TIERRA DEL CABALLO
The Report advised that a number of the horse stalls in the development had been removed
for installation of a pool and spa and the Homeowners Association had requested removal of
the remaining stalls due to lack of use by the residents. With removal of the remaining stalls,
the subject easement would no longer be necessary.
As set forth in the Report dated April 4, 1995, from the Engineering and Building Director,
the following Resolution was adopted setting a public hearing for May 2, 1995, regarding the
vacation of an Irrevocable Offer for Public Street and Equestrian Path Purposes, Offer "C,"
Parcel l of Parcel Map Division of Land 76-11:
City Council Minutes -7- 4/4/95
130
95-4-4-6_ INITIATING VACATION OF STREET
BOOK 106, PAGES 10 AND 20 (ROGERS/EWLESI - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO VACATE AN
EASEMENT FOR PRIVATE STREET AND EQUESTRIAN PATH
PURPOSES, AS SHOWN ON A PARCEL MAP RECORDED IN BOOK
106, PAGES 19 AND 20 (DIVISION OF LAND 76-11/ROGERS/EWLES)
The Report advised that the 30 -foot -wide easement had been accepted for the proposed
extension of Via Estelita to Peppertree Bend. That extension was eliminated during review
of the Peppertree Bend subdivision. The Equestrian Commission had recommended that the
equestrian easement be improved and the property owner had agreed to provide a 10 -foot
equestrian easement for City Council approval prior to vacation of the subject Irrevocable
Offer of Dedication.
• • • • WFUMM111H 1 I L wsymameII' • 1 1
As set forth in the Report dated April 4, 1995, from the Administrative Services Director, a
Taxi Cab Permit was granted to Laguna Silver Cab Company to operate in San Juan
Capistrano based on the finding that requirements of Municipal Code Section 4-5.03 had been
met.
As set forth in the Report dated April 4, 1995, from the Administrative Services Director, the
revised Investment Policy for the City of San Juan Capistrano was adopted. The new Policy
included modifications proposed by staff at the meeting of March 21, 1995, which prohibit
leveraging, reduce maturity limitations from five to three years, and require the City Treasurer
to notify the City Council if the State Local Agency Investment Fund increases its investment
in reverse pre -purchase agreements above 10%.
As set forth in the Report dated April 4, 1995, from the Administrative Services Director, the
following Resolution was adopted designating the City Manager and the Administrative
Services Director as the City's authorized representatives for obtaining FEMA and OES
reimbursement for local emergency response to February/March 1995 flood damage:
City Council Minutes
-8- 4/4/95
131
' RESOLUTION NO. 95-4-4-7_ DESIGNATING AN AUTHORIZED
REPRESENTATIVE (FEDERAL E RGENCY MANAGEMENT
AGENCY ND STATE EMERGENCY RVI ) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DESIGNATING AN AUTHORIZED REPRESENTATIVE
FOR THE PURPOSE OF OBTAINING FUNDS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY AND STATE OFFICE OF
EMERGENCY SERVICES (FEBRUARY/MARCH, 1995 FLOODS/FEMA-
1046-DR)
1411 1101
The Claim for Damages filed by John R. Cogorno, attorney on behalf of Jerilynne, Geoff, and
Rachel Wooller, was denied in its entirety, as set forth in the Report dated April 4, 1995, from
the City Attorney.
PUBLIC HEARINGS
None.
' RECESS AND RECONVENE
Council recessed at 7:52 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:05 p.m. as the City Council.
ADMINISTRATIVE ITEMS
CITY MANAGER
Council Member Jones advised he would abstain on this item due to a potential conflict on interest
relating to the proximity of the project to his business/residence.
(CONTINUED• ••
Written Communication:
Report dated April 4, 1995, from Douglas Dumhart, Management Analyst II, regarding the
request by Vaquero West Mercantile to dedicate two spaces in the Depot's east parking lot
as overnight parking to accommodate residents and bed & breakfast patrons. The Report
recommended that this matter be tabled so that the concerns of both the property owner and
' the Council, which were expressed at the meeting of March 21, 1995, could be addressed
more appropriately.
City Council Minutes -9- 4/4/95
132
Tabling of Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, that this
item be tabled until a revised proposal for overnight parking could be developed. The motion
was carried with Council Member Jones abstaining.
Written Communication:
Report dated April 4, 1995, from Douglas Dumhart, Management Analyst II, forwarding the
1995 Downtown Parking Study Update, prepared by KHR Associates, for receipt and
referral to appropriate boards and commissions. The Study focused on current and projected
parking needs and deficiencies, proposed parking improvements and management strategies,
and financing and implementation options for the downtown area. Included in the Study was
a recommendation to recover Community Redevelopment Agency expenses for providing
long-term parking for train commuters within the Franciscan Plaza parking structure. The
Report advised that several actions were necessary to initiate paid parking and cost recovery
for the Agency expenses: (1) ordinance amendments establishing a parking meter zone and
setting fees; (2) a resolution establishing times during which fees will be collected; (3) plans
and specifications for collection devices; and, (4) award of the contract for purchase,
installation and maintenance of collection equipment.
Kerry Brockman of KHR Associates, reported on the methodology used to prepare the study.
Jim Kalamara of KHR Associates, recommended that all public parking spaces in the
downtown area, both on- and off-street, be made available to the general public for a fee
through the installation of parking meters. He discussed costs for metered parking, advised
that downtown merchants and train commuters would have the option of participating in a
parking permit program for an annual fee, and estimated that the initial investment for parking
meters could be recouped within a two-year period, depending on the demand for parking in
the downtown area. He advised that the recommendation for metered parking was made in
recognition of the need for management of the available parking available more than as a
revenue -generating tool.
Mayor Nash felt that the annual parking fee suggested by KHR Associates was too low.
Council Member Campbell suggested that the City Council hold a public worksession and
visit the sites proposed for metered parking before any action is taken by the Council.
Council Member Hart felt that the Council should forward the Study for input from the City's
commissions and boards and in the meantime conduct the Council worksession. Mayor Nash
felt that nothing should be processed until plans have been finalized. Council Member
Swerdlin suggested that compact spaces be available for commuter parking only, with larger
spaces reserved for residents. Council Member Campbell emphasized that the process to
implement metered parking spaces did not imply Council approval.
Mr. Scarborough advised that the staff recommendation to initiate implementation of paid
parking for commuter spaces would allow development of a program for further Council
consideration prior to implementation.
City Council Minutes -10- 4/4/95
133
' Receipt of 1995 Downtown Parking ,Study and Referral to City's Boards and Commissions:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried that the 1995 Downtown Parking Study Update be received and referred
to the appropriate City boards and commissions; and, that staff be directed to 1) initiate
implementation of paid parking for commuter spaces within the Franciscan Plaza parking
structure, and 2) schedule a public worksession for the City Council to visit the proposed
parking sites.
ME•►_ I• :; • • u� ► •; 1►PI► •;
Council Member Jones abstained on this item due to a possible conflict of interest resulting from the
proximity of his residencelbusiness to the project.
Written Communication:
Report dated April 4, 1995, from Douglas Dumhart, Management Analyst II, recommending
that the proposed Agreement between the City and the San Juan Capistrano Chamber of
Commerce be approved to provide $6,000 to the Chamber for Visitors Information Services
through July 1, 1995. Future funding would be considered during the City's annual budget
process.
Tom Facon, Executive Director of the San Juan Capistrano Chamber of Commerce, spoke
in support of the Agreement and advised that the funds would be used to cover their monthly
operating expenses in providing visitor information services.
Council Member Swerdlin expressed appreciation to the Chamber for providing these
services, but felt that the Chamber was indebted to the City for up -front funding provided by
the City for publication of the book 200 Years in San Juan Capistrano. Mayor Nash stated
that any potential indebtedness should be addressed at another time. Council Member
Campbell spoke in support of the Chamber's funding request. She and Mayor Nash
commended the efforts and success of the newly reorganized Chamber and urged the City to
work with them. Council Member Jones, speaking as a citizen because of a potential conflict
of interest, indicated that the Chamber has been an asset to him and has worked tirelessly to
benefit the local business community.
Aoorove Agreement with Chamber of Commer
It was moved by Mayor Nash, seconded by Council Member Campbell, that the proposed
Agreement between the City and the San Juan Capistrano Chamber of Commerce be
approved, providing $6,000 in funding for the Chamber's Visitors' Information Services
through July 1, 1995. The motion carried by a 3-1-1 roll call vote, with Council Member
Swerdlin voting in opposition and Council Member Jones abstaining due to a potential
conflict of interest. However, Mr. Denhalter advised that the necessary number of votes to
' appropriate funds had not been received. Council Member Swerdlin advised he would
reconsider his vote, since his concern had been with the Chamber's debt and not the proposed
City Council Minutes 11- 4/4/95
134
funding. The motion then carried, with Council Member Jones abstaining, and the
appropriation of funds was approved.
Council recessed at 9:05 p.m. and reconvened at 9:15 p.m.
• m/� 1 "wely-w4 WMLVA 1 • 1 .11 1
Written Communication:
Report dated April 4, 1995, from the Administrative Services Director, recommending
approval of a five-year Lease Agreement between the City and Mission Trails Stables
requiring a flat monthly lease payment in the amount of $2,500, and a Promissory Note to
assist the stable operator in paying the City past -due rents amounting to approximately
$18,000. The Report advised that the previous Lease Agreement had required that lease
payments to the City equal 20% per month for each horse boarded and had set a fee structure
that had kept the boarding rate artificially low. Those requirements had ultimately caused the
stable operator to have difficulty in meeting the required payment to the City.
Council Member Hart expressed concerns with requiring the stable operator to repay past due
rents totaling $18,000. He noted that the operators spent much of their own money on
improvements. He felt that the operator fell behind in rent payments partially because the City
placed a limitation on the amount of rent that could be collected for each horse boarded, with
no recognition of inflation and increased costs for maintenance and improvements. Council
Member Jones concurred, noting the large increases in costs for alfalfa and insurance over the
years. He suggested that either the debt be waived, with the condition that the $2,500
monthly rent be paid in a timely manner, or that the debt be paid back over a longer period
of time to reduce the size of the payments.
Ms. Pendleton advised that the proposed Lease Agreement would allow the operators to
increase their boarding fees to whatever they felt was appropriate and competitive in the
market. However, payments on their $18,000 debt combined with their monthly rent would
amount to a break-even point if they charged $170 per month per horse.
Council Member Campbell sympathized with the operators' financial situation but felt that the
City should not be in the position of helping businesses out of financial difficulties. Council
Member Hart emphasized that their debt was caused in part by the limits on boarding fees
originally imposed by the City. Council Member Campbell suggested a compromise to
require only half of the $18,000 be repaid to the City.
City Council Minutes
-12-
4/4/95
Anoroval of Lease Aereement with Mission Trails Stables:
' It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried that the Lease Agreement between the City and Mission Trails Stables
be approved for the five-year period ending May 1, 2000; and, that the Promissory Note be
approved as modified to require repayment of $9,000, with the remaining debt waived, based
on the finding that the operation provides a benefit to the public and that the difficulties had
been caused by City restrictions.
Council Member Jones abstained on this item due to a possible conflict of interest resulting from the
proximity of his residencelbusiness to the project.
Written Communication:
Report dated April 4, 1995, from the Administrative Services Director, forwarding a request
from the Swallows Foundation for the City to provide financial assistance by either
purchasing the First Trust Deed for the Lupe Combs House property, or acting as a guarantor
to obtain contributions from outside sources. Staff recommended that the City not purchase
the First Trust Deed but instead assist the Swallows Foundation in researching the availability
of low-interest loans from other lenders.
' Don Frey, President of the Swallows Foundation, advised that their existing 14% loan with
a private lender required that the Foundation pay $2,400 per month in interest only. He
emphasized that the Foundation needed to secure the property as soon as possible so it will
not be re -possessed by the lender, particularly since the property is currently in default.
n
In response to Council Member Swerdlin Mr. Frey stated that a maximum of 15 more days
could be requested from the lender. He stated that the lender financed the property for the
Foundation as a favor and preferred not to take the property back. He noted the difficulty
property owners have in obtaining loans for their historic properties.
Council Member Jones, speaking as a citizen because of a potential conflict of interest in this
matter, stated that funding did not come through as expected from the community to preserve
the historic structure. He concurred with Mr. Frey's assertion that loans are difficult to obtain
for historic structures. Council Member Hart felt that the building represents the cornerstone
of the City's history and noted that the City donated $36,000 in funds toward the project.
However, he opposed the City being in the real estate business.
Ms. Pendleton advised that another lending option was possible through the local Bank of
America branch office, which was attempting to find a resolution to the Foundation's financial
problems. She expected to receive a response from the bank sometime this week.
City Council Minutes -13- 4/4/95
135
136
Council Member Hart expressed concern that if the City acted as guarantor in this matter, it
would be required to take over the payments if the Foundation were unable to do so. Mayor
Nash concurred.
Continuation of Item:
It was moved by Council Member Swerdlin, seconded by Council Member Hart, that this item
be continued to the meeting of April 18, 1995, to receive a response from the Bank of
America regarding a possible solution to the Foundation's loan dilemma and to allow time to
further research the availability of low-interest loans. The motion carried, with Council
Member Jones abstaining because of a potential conflict of interest.
3. CONSIDERATION OF DISPOSITION • \ • • PROPERTEES
/ •
Written Communication:
Report dated April 4, 1995, from the City Manager, recommending that staff be directed to
prepare a formal disposition strategy, schedule, and costs for City- and Community
Redevelopment Agency -owned properties which are available for sale where facade
easements have not been recommended. With regard to properties where facade easements
have been recommended, alternative scenarios would be identified. The Report was in
response to a previous request by the Council to review the City's and Agency's real estate
holdings and provide recommendations for the disposition of property.
Direction to Staff Re: Disposition of City- and Agency -Owned Properties:
It was moved by Mayor Nash, seconded by Council Member Campbell, and unanimously
carried that staff be directed to:
(1) Prepare formal disposition strategy, schedule, and costs for City- and Community
Redevelopment Agency -owned properties which have been identified and reported
as available for sale, where facade easements have not been recommended;
(2) Submit a report identifying alternative scenarios for properties where facade
easements have been recommended, including retention, sale, or long-term lease; and
(3) Resubmit remaining properties once outstanding issues pertinent to the properties
have been satisfied.
UNALIN
1► t�5[•711C•]
1. REQUEST FOR REIMBURSEMENT OF CITY FEES FOR 1995 FIESTA DE LAS
GOi ONDRINAS EVENTS (SAN IUAN FIESTA ASSOCIATION)(150 60)
Written Communication:
Report dated April 4, 1995, from the Planning Director, recommending that the proposed
Resolution be adopted approving the request from the San Juan Capistrano Fiesta Association
City Council Minutes -14- 4/4/95
' for the City to reimburse fees associated with the 1995 Fiesta de las Golondrinas activities in
the total amount of $293.00.
Adoption of Resolution Approving Reimbursement of Fees to San Juan CQistrano
Fiesta Association:
It was moved by Council Member Campbell, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO. 95-4-4-8. APPROVING REIMBURSEMENT OF
PERMIT FEES FOR 1995 FIESTA DE LAS GOLONDRDLAS (SAN JUAN
CAPISTRANO FIESTA ASSOCIATION) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A REQUEST TO REIMBURSE THE CITY S
PERMIT FEES TOTALING $293 TO THE SAN JUAN CAPISTRANO
FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE
1995 FIESTA DE LAS GOLONDRINAS CELEBRATION
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdtin, and Mayor Nash
' NOES: None
ABSENT: None
11
• I I `_ • • • • �� • ' •
Written Communication:
Report dated April 4, 1995, from the City Clerk, advising that the Ordinance was introduced
at the meeting of March 21, 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:
City Council Minutes -15- 4/4/95
137
138
ORDINANCE NO, 762. AN AMENDMENT TO TITLE 9. CHAPTER 3 OF
THE MUNICIPAL CODE REGARDING COMNEERCIAL ZONE
DISTRICT REGULATIONS AND ADDING DEFINITIONS TO
APPENDIX "A" - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-3.411,
TOURIST COMMERCIAL (CT) DISTRICT, 9-3.412, OFFICE
COMMERCIAL (CO) DISTRICT, 9-3.413, NEIGHBORHOOD
COMMERCIAL (CN) DISTRICT, AND 9-3.414, GENERAL
COMMERCIAL (CG) DISTRICT OF THE MUNICIPAL CODE
(COMMERCIAL ZONE DISTRICT AMENDMENTS) AND ADDING
DEFINITIONS TO APPENDIX "A"
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
a. Foothill/Eastern and San Joaquin Hills Transportation Corridors (,800.50)
Council Member Campbell advised that construction of both Corridors was
continuing despite the Corridor Agencies' involvement in the County pool.
b. Southeast Regional Reclamation Authority (SERRA) (1040,60)
Council Member Jones noted the next meeting scheduled for April 5 and that copies
of SERRA's report would be provided to the Council in slots.
C. Orange County Joint Fire Authority (540.80)
Council Member Swerdlin noted the meeting he attended with the City Manager on
March 30. He advised that the agency adopted agreements and resolutions necessary
to do business as a new agency. The agency's regular meetings were scheduled for
the fourth Thursday of each month at 6:30 p.m., with the next one to be held April 27,
and the Executive Board's regular meetings scheduled for the second Thursdays of
each month at 3:30 p.m.
City Council Minutes
16-
4/4/95
139
too
Mr. Scarborough advised that the 1995 Swallows Day Parade went very smoothly and on
time, with no arrests or injuries despite a larger crowd. He advised that this year's parade had
the largest number of entries ever and estimated that it was attended by approximately 10,000
to 15,000 people. Council Member Campbell suggested that a letters be sent from the
Council expressing appreciation to the Fiesta Association, the Sheriffs Department, and City
staff for their efforts in making the parade a success.
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Campbell, seconded by Mayor Nash, 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.
Approval to Send Letters of Commendation:
It was moved by Council Member Swerdlin, seconded by Council Member Hart, and
unanimously carried that staff be directed to prepare letters of appreciation from the Council
to the Fiesta Association, the Sheriffs Department, and City staff for their efforts in making
the parade a success.
'CLOSED SESSION (610,85)
Council recessed to a Closed Session at 9:52 p.m. for:
1. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at the Old Elementary School site at the comer of El Camino Real and
Acjachema, Parcels A and B on Parcel Map 80-853, and related parcels, with Capistrano
Valley Unified School District as negotiating party, to consider price and terms;
2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases;
3. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et al, claimant,
against City of San Juan Capistrano;
4. Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against
City of San Juan Capistrano;
5. Public Employees Performance Evaluation, per Government Code Section 54957, position
being reviewed is City Manager (CONTINUED FROM MARCH 21, 1995),
The City Clerk was excused therefrom, and the meeting reconvened at 11:00 p.m.
City Council Minutes -17- 4/4/95
140
Mr. Denhalter advised that on Item #3, the Council unanimously agreed to go to mediation. There
was no action to report on any of the remaining items.
I. � : ►iu1�1►Y_M
There being no further business before the Council, the meeting was adjourned at 11:00 p.m. to the
next regular meeting date of Tuesday, April 18, 1995, at 7:00 p.m. in the City Council Chamber.
ATTEST:
CAROLYN NX SH, MAYOR
City Council Minutes
Respectfully submitted,
1 1 9,KAWKIA
WE
4/4/95