95-0516_CC_Minutes_Regular Meeting183
MAY 16, 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 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Dan Pantano of the Capistrano Church of the
Nazarene.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning
Services; AI 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 Hart, and unanimously
carried that all Ordinances be read by title only.
-1�-
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner and Roy Nunn, Planning Commission; Pauline Leonard, Parks,
Recreation, and Equestrian Commission; Bill Hardy, Los Rios Review Committee; and,
former Mayor Ken Friess.
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Roger Crawford, 2170 Via Purta, Laguna Hills 92654, noted the summary he submitted to
the City Council this date regarding his efforts to purchase the Capistrano Depot. He spoke
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regarding the quality of his company, previous business experience, and his intent to make the
Depot a destination location with a variety of dining experiences. He urged the City to accept
his counter offer.
Council Member Campbell noted that the applicant currently operated 34 restaurants and
inquired whether he and his partner intended to open more restaurants in addition to the one
proposed at the Depot. Mr. Crawford stated it was his desire to make the Depot operation
the "flagship" of their efforts and emphasized their intent to relocate their families to San Juan
Capistrano.
2. AYSO DONATION TO CITY (150.10)
Roy Nunn, Assistant Regional Commissioner for AYSO Region 87, and Mike Roy, former
Regional Commissioner, spoke regarding the following donation from AYSO: 1) $15,000
as a gift on behalf of the AYSO Region 87 families; and, 2) $1,000 from 3M Products. They
stated that the donations were to be used for AYSO's purchase of equipment and
miscellaneous expenses for the proposed soccer fields at the Kinoshita Sports Park, with the
balance of the funds to be used for the maintenance or lighting of the fields. Mr. Nunn
presented a letter dated May 16, 1995, from AYSO Regional Commissioner Jeff Randolph
and himself as Assistant Regional Commissioner setting forth the donation. Mayor Nash
expressed appreciation for the donation on behalf of the City.
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John Mione, Director on the Board for the Boys and Girls Club, invited the public to attend
their "Breakfast of Champions" event at the El Adobe Restaurant on Friday, May 19, at 7:30
a.m., hosted by Tony Moiso.
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Marguerite Hassett, 28121 Calle San Remo, invited the Council Members to visit her home
to view the problems they have had since purchasing the home from the City in 1991.
Pauline Leonard, 27589 Brookside Lane, noted the lunch to be held on Friday, May 19, at
the San Juan Hot Springs Dance Hall, in celebration of Older Americans Month. She noted
that a 24 -inch box tree would be planted in Descanso Park as a memorial to all seniors in San
Juan Capistrano.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Hart, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
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AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
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The Minutes of the Regular Meeting of April 18, 1995, were approved as submitted.
The Minutes of the Adjourned Regular Meeting of April 26, 1995, were approved as
submitted.
The List of Demands dated April 26, 1995, in the total amount of $195,455.18 was received
and filed.
3. RECEIVE AND FILE CITY TREASLIRERS REPORT OF INVESTMENTS AS
I OF APRIL 30. 1995 (350,30)
The City Treasurer's Report of Investments as of April 30, 1995, in the total amount of
$14,065,780.91 was received and filed.
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The Report dated May 16, 1995, from the Planning Director, advising that one new
development application was received by the City since the last report of April 18, 1995, was
received and filed.
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As set forth in the Report dated May 16, 1995, from the Planning Director, the following
Resolution was adopted approving the request by the Mission San Juan Capistrano to place
a street banner at the intersection of Camino Capistrano and Del Obispo Street from July 5
through July 14, 1995, announcing the Capistrano Valley Symphony's Pops Concerts at the
Mission, based on the finding that the request met all criteria required by the Municipal Code
' for placement of banners within the public right-of-way:
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IVT1
RESOLUTION NO, 95-5-16-1. AUTHORIZING PLACEMENT OF
STREET BANNER ANNOUNCING CAPISTRANO VALLEY
SYMPHONY'S POPS CONCERTS AT MISSION SAN JUAN
CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
PLACEMENT OF A BANNER WITHIN THE PUBLIC RIGHT-OF-WAY
ANNOUNCING THE CAPISTRANO VALLEY SYMPHONY'S POPS
CONCERTS AT MISSION SAN JUAN CAPISTRANO, SUBJECT TO
THE PROVISIONS OF SECTION 9-3.603(f)(15) OF THE CITY'S
MUNICIPAL CODE
I va" t1i RA XV -6101 r971 ITAW I 144PRIMMOUR 11.91"
(670.50/410.60)
As set forth in the Report dated May 16, 1995, from the Engineering and Building Director,
the following Resolution was adopted setting a public hearing for June 20, 1995, regarding
the proposed vacation of a portion of Avenida Los Cerritos:
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CHRISTIAN ASSEMBLYI - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING PROCEEDINGS TO VACATE A PUBLIC STREET RIGHT-
OF-WAY OVER A PORTION OF AVENIDA LOS CERRITOS
(ARCHITECTURAL CONTROL 89-3/SOUTH COAST CHRISTIAN
ASSEMBLY)
The proposed street vacation will eliminate the use of Avenida Los Cerritos as an access
between Ortega Highway and Rancho Viejo Road. In compliance with conditions for the
church project, the additional easements will be given to the City providing for a new public
road connection from Avenida Los Cerritos to Rancho Viejo Road and a cul-de-sac and turn-
around area on Avenida Los Cerritos from Ortega Highway.
The Claim for Damages filed by Randall C. Bertz of the law offices of Randall C. Bertz &
Associates, on behalf of Brandon Van Leuven, was denied in its entirety, as set forth in the
Report dated May 16, 1995, from the City Attorney.
The following item was removed from the Consent Calendar at the request of Council.
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CONSIDERATION OF COUNCIL POLICY NO. 12 - PROCESS FOR
ADMIhII T ATION OF CITY ANDAGENCY LEA AGREEMENTS
WHEN A BREACH OF LEASE OCCURS (610.30)
Written Communication:
Report dated May 16, 1995, from the Administrative Services Director, recommending that
Council Policy No. 12 be adopted establishing a standard process for administration of City
and Community Redevelopment residential and commercial lease agreements when a breach
of lease occurs.
Council Member Hart recommended that this item be continued so that staff could modify the
policy to strengthen the process. He suggested that commercial and residential rates be
separated; that commercial rates be in line with the fair market rate at the time of the lease;
and, that the three-day notice for past -due payments be modified to be 30 days for residential
and ten days for commercial leases.
Mayor Nash suggested that the sample notification letters be modified to be more easily
understood.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that this item be continued to the meeting of June 6, 1995.
None.
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Council recessed at 7:21 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:45 p.m. as the City Council.
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Written Communication:
Report dated May 16, 1995, from Douglas Dumhart, Management Analyst II, recommending
that an Ordinance be introduced amending the Parking Meter provisions of the Municipal
Code. The proposed amendment would identify the zones to be metered; permit the City
' Council to set, by Resolution, the amount to be charged; identify how the revenues will be
used; and, provide for a permit program for commuters. The proposed Ordinance established
City Council Minutes -5- 5/16/95
RM
the parking meter zone for the 131 spaces located on the first level of the Franciscan Plaza
Parking Structure. —
Public Comments:
(1) Gary Kapchinske of the Amsterdam Coffeehouse in the Franciscan Plaza, 31781
Camino Capistrano, stated that businesses are having a difficult time in San Juan
Capistrano and felt that the proposed paid parking program would discourage even
more people from coming to the City. He stated that the existing three-hour parking
areas were not being enforced.
(2) Jim Miller, owner of the Amsterdam Coffeehouse in the Franciscan Plaza, 31781
Camino Capistrano, stated that businesses are barely surviving in the downtown area,
particularly with the closing of the Depot and the delays in construction at the EI Peon
Complex. He stated that his establishment caters to commuters ; his customers have
indicated to him they will not go to places where there is paid parking. He stated that
a similar paid parking program was discontinued at the Dana Point Harbor when sales
dropped 20-25% two months after its implementation. He noted that the dirt parking
lot behind the Swallows was not in use and that the El Peon construction project had
temporarily eliminated 25 parking spots in the downtown area. He emphasized that
the City's focus should be on attracting visitors to the downtown area; that completion
of the El Peon center should be a high priority; that the Depot should be re -opened;
and, that parking limits should be enforced.
Council Member Jones felt that this item would give the City flexibility to begin, increase or
delete a parking program. Council Member Swerdlin emphasized that the program focused
on parking management instead of paid parking. He felt it was important for commuters to
pay their fair share for parking in the City, noting that the City pays $110,000 annually for the
commuter spaces at the Franciscan Plaza Parking Structure.
Douglas Dumhart, Management Analyst II, explained that the dirt parking lot behind the
Swallows Inn at the former Love property was archaeologically sensitive, and as such the soil
would not be removed and re -compacted prior to paving. The paving would be placed on the
soil as it exists and must be allowed to dry completely before paving. Mr. Scarborough stated
that staff would contact the owners of the Amsterdam Coffeehouse tomorrow to discuss the
City's commitment and efforts to increase the amount of parking in the downtown area. He
noted the efforts in the past year to create additional parking and advised that the Texaco
Station at Ortega Highway and El Camino Real was being removed and would become
another parking lot. He noted that staff did consider completion of the EI Peon remodel a
high priority and further advised that negotiations for purchase of the Depot should be
completed soon.
Mayor Nash emphasized the City's commitment to provide adequate parking in the downtown
area and that it was not the City's intent to discourage the existing businesses in the
downtown area. She noted that the majority of the downtown business owners were very
City Council Minutes -6- 5/16/95
139
unhappy about current parking conditions, particularly with commuters occupying the
majority of the spaces.
Introduction of Ordinance Amending Title 4. Chapter 4 of the Municipal Code:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Swerdlin,
seconded by Council Member Hart, that the following Ordinance be introduced:
AMENDING TITLE 4. CHAPTER 4 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE - PARKING METER ZONES AM FEES - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLE 4 (PUBLIC
SAFETY), CHAPTER 4 (PARKING METERS) OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE TO ESTABLISH PARKING METER
ZONES AND FEES
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
' ABSENT: None
2. CONSIDERATION OF RESOLUTIONS FSTABLTSLUNG FEES FOR METERS
AND COMAIUTER PERMITS AND SETTINGHOURS FOR COLLECTION
(570,70)
Written Communication:
Report dated May 16, 1995, from Douglas Dumhart, Management Analyst II, forwarding
Resolutions to: 1) establish fees for metered parking in the Franciscan Plaza Parking
Structure at $1.00 between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday;
2) establish the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday as the effective hours
of operation of the meters; and, 3) establish annual commuter rail parking permits for San
Juan Capistrano residents at $60.00 and for non-residents at $250.
The City Manager made an oral report. He noted that if the proposed fees were adopted the
ultimate revenue generated would be approximately $27,000, leaving the City subsidizing
$73,000.
Council Member Swerdlin suggested that the rate be modified to equal an hourly rate of $.25
per hour, or $2.00 per day; that the annual permit fee for non-residents be $520; and, that
residents be given a higher subsidy. Council Member Hart felt that the proposed $1.00 per
' day charge was reasonable for residents and recommended that non-residents be charged
$2.00 per day to reduce the amount of the City's subsidy for those spaces. Council Member
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190
Jones felt that a per -hour rate would be better than a per -day rate; that a flat rate may not
generate the ultimate revenue.
Mayor Nash felt that the proposal for hourly rates and for more reasonable yearly permits
matter needed additional analysis and research by staff. She felt that the proposed $1.00 daily
rate for residents was too low. Council Member Jones noted that consideration should also
be given to reimbursement of people with annual permits whose situations change and who
no longer need to park in those spaces. Council Member Campbell stated that it was unfair
for the City's taxpayers to subsidize commuter parking for non-residents and requested that
staff consider as many variations as possible. Mayor Nash noted that the San Juan Capistrano
is an old, unique city, and the commuter system is creating major problems for a very
restricted area; that other cities did not have the same physical restrictions. She stated it was
necessary to control commuter parking so that other businesses in town have parking
available for their customers. Council Member Swerdlin noted that the number of trains
coming into San Juan Capistrano has increased over the past few years from three trains to
eight or nine trains per day, with approximately 800 commuters now using the San Juan
Capistrano station.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that this item be continued to the meeting of June 6, 1995, for staff to
provide additional information regarding the fee structure, the permit structure for residents
and non-residents, and the hourly rates.
Written Communication:
Report dated May 16, 1995, from Douglas Dumhart, Management Analyst II, recommending
that two Park -Ur -Self System IV electronic parking controllers for metered parking be
purchased for installation at the Franciscan Plaza Parking Structure, including modem,
operating software, pedestal, and receipt paper, at a total cost of $35,925.
Authorization to Purchase Two Electronic Parking Controllers for Franciscan Plaza
Parking Structure:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that staff be authorized to purchase two Park -Ur -Self System IV
electronic parking controllers for the Franciscan Plaza Parking Structure, including modem,
operating software, pedestal, and receipt paper, at a total cost of $35,925. Appropriation of
funds was authorized from the General Fund Reserves.
' / •11 1
Written Communication:
Report dated May 16, 1995, from Douglas Dumhart, Management Analyst II, recommending
that the City enter into a one-year contract with the City of San Clemente for provision of
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191
Parking Meter Technician Services for maintenance of the electronic parking meter collection
equipment, at an hourly rate of $25.
Approval of Agreement with Cityof San Clemente for Parking Meter Techniciann
Services:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the Agreement between the City of San Juan Capistrano and the City
of San Clemente be approved for provision of Parking Meter Technician Services for the one-
year period ending June 30, 1996, at an hourly rate of $25, or $4,800 annually. The Mayor
was authorized to execute the Agreement on behalf of the City of San Juan Capistrano.
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Written Communications:
(1) Report dated May 16, 1995, from the Planning Director, forwarding a request from
San Juan Meadows Limited Partnership to initiate a General Plan Amendment for a
portion of an existing 148 -acre parcel located along La Novia Avenue. The request
was made to maintain consistency between the applicant's Tentative Tract Map and
the City's General Plan, as follows:
(a) Redesignate a portion of the "2.1 Open Space Recreational area" located
along Forster Canyon Road near Pacific Point to "5.0 Public Institutional."
(b) Redesignate the "2.1 Open Space Residential area" adjoining the senior site
to "1.4 Medium Density Residential."
(c) Amend the Equestrian and Recreation Trails Master Plan to establish an
alternate trail alignment along Forster Canyon Road linking the Old Forster
Road trail with the City's Open Space lands which were dedicated as part of
the GlenFed Planned Community.
(2) Memorandum dated May 12, 1995, from the Planning Director, providing
background information to clarify questions regarding the initiation of the proposed
General Plan Amendment.
Exhibits were on display and Mr. Tomlinson discussed past and present proposals for the site.
He advised that an amendment process was necessary to study the merits of the proposed
General Plan Amendment. In response to Council, he advised that in August, 1994, the
' Regional Water Quality Control Board had declined to issue permits for construction of a golf
course on the landfill portion of this project. Deletion of the golf course plans was based on
concerns that placement of trees and excessive amounts of water generated from the golf
City Council Minutes -9- 5/16/95
192
course use could potentially break the clay cap sealing the landfill and result in a breakdown
of the gas recovery system. He stated that the area could be covered with turf to allow for
private recreational uses, but added that the issue needed further study as part of the project's
overall concept. He emphasized that the Council's approval to initiate consideration of the
proposed General Plan Amendment would not, in any way, constitute preliminary approval
or a commitment by the City to approve the project, but would be limited to study of the
proposal by staff.
Council Member Jones inquired whether the original approval of the project required the
closure of the landfill. Mr. Tomlinson stated that the requirement for closure was part of the
original approval which would remain in effect, as well as guarantees for long-term
maintenance of the site. Mr. Tomlinson advised that there could not be any type of grading
on the site until the landfill was totally closed by appropriate governmental agencies.
In response to Council Member Swerdlin, Mr. Tomlinson advised that the amount of open
space was approximately the same and that the number of residential units remained the same
as the original proposal. Mayor Nash indicated she was not in favor of reducing the amount
of open space for this project and felt that Public Institutional zoning did not constitute open
space. She recommended that alternate uses for the landfill site be made a part of the plans.
Council Member Campbell emphasized that approval to initiate the study did not commit the
Council to any particular action, noting that the Council was not willing to compromise on
certain matters.
Adoption of Resolution Initiating Consideration of General Plan Amendment 95-2:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO 95-5-16-3 INITIATION OF GENERAL PLAN
AMENDMENT 95-2 SAN JUAN MEADOWS (FORSTER CANYON
PLANNED COMMUMTY. LA MESA AREA/TENTATIVE TRACT MAP
14343) (SAN JUAN MEADOWS LIMITED PARTNERSHIP) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF A
GENERAL PLAN AMENDMENT FOR THE LA MESA PORTION OF
THE FORSTER CANYON PLANNED COMMUNITY
(COMPREHENSIVE DEVELOPMENT PLAN 81-2) AND TENTATIVE
TRACT MAP 14343 (SAN JUAN MEADOWS LIMITED PARTNERSHIP)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
F.M.3 LMMENERIM
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The Council emphasized that approval to study the proposed General Plan Amendment did
not, in any way, constitute preliminary approval or a commitment by the City to approve the
project, but was limited to study of the proposal by staff only.
2. ARPROVAL OF PROPOSED ROUGH GRADING PLAN TO FULFILL
REQUIREMENTS OF CONDITION A.2 OF COUNCIL RF_SOLUTION NO,
93-4-6-5 FOR PROPERTY LOCATED AT THE TERMINUS OF CAMINO LAS
RAMBLAS - VESTING TENTATIVE TRACT MAP 14398 (CONCORDE
DEVELOPMENT) (420,40)
Written Communication:
Report dated May 16, 1995, from the Planning Director, recommending that the proposed
grading plan for Vesting Tentative Tract Map 14398 be approved in satisfaction of Condition
A.2 of City Council Resolution No. 93-4-6-5. Condition A.2 required that: 1) the grading
not encroach into the City's General Plan designated ridgeline; 2) structures not be located
within 200 feet of the ridgeline; 3) structures not be silhouetted above the ridgeline; 4)
contour grading be used on manufactured slopes exceeding 20 vertical feet, with downdrains
placed at angles to the slope wherever possible; and, 5) native topsoil be stockpiled for
reapplication to the manufactured slopes.
Exhibits were on display and Dick Bobertz, Planning Manager, made an oral presentation.
He specifically discussed the concerns raised by two Planning Commissioners at their meeting
' of April 11, 1995, e.g. the unnatural appearance of the 1'/z:l slope transitioning the flat
ridgeline area up to the San Clemente ridge, and general concerns with the overall concept
of the plan being inconsistent with the City's General Plan. He discussed the Planning
Commission requirement to reduce the 16 -foot retaining walls to 10 feet by allowing a 1:1
slope in the minimum area necessary to accomplish that reduction.
Council Member Jones felt that the transition of the ridgeline in question would not be easily
seen because of the existing two knolls; Mr. Bobertz concurred. In response to an inquiry
from the Council, Mr. Bobertz advised that the results of the additional boring into the hillside
concluded there were no instability concerns.
Adoption of Resolution Approving Rough Grading Plan for Vesting Tentative Tract 14398:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A GRADING PLAN FOR
VESTING TENTATIVE TRACT 14398 IN FULFILLMENT OF
CONDITION A.2 OF CITY COUNCIL RESOLUTION NO. 93-4-6-5
I
(CONCORDE DEVELOPMENT)
City Council Minutes -11- 5/16/95
194
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
• 1 L•► _IMUL-11
MISSION PROMENADE (82 ".60
Written Communication:
Report dated May 16, 1995, from the Planning Manager, recommending that the Council
exempt the proposed sidewalk replacement adjacent to the Mission Promenade from review
procedures of Section 9-2.311 of the Municipal Code, based on the finding that the project
was consistent with City Council Policy 418, 'Processing of Capital Improvement Program
(CIP) Projects." The Planning Director requested confirmation of this exemption due to the
sensitivity of the subject area. The proposed sidewalk replacement, consisting of interlocking
block pavers, would occur in front of 26832, 26842, and 26822 Ortega Highway and 31754,
31752, and 31762 Camino Capistrano.
Mr. Tomlinson explained that the current sidewalk was of a stamped concrete design that was
not easily traversed. Several street trees have cracked the concrete sidewalk and correction
would result in mis-matched colors. He advised there was no uniform sidewalk treatment in
the downtown. Staff felt the proposal was consistent with the overall design intent of the
Historic Town Center, as well as the image of a downtown that has developed over many
decades and seen many different architectural styles, treatments and materials. With regard
to extending the sidewalk consistent with the Historic Town Center recommendation, he
advised there were many design issued which needed to be addressed. That recommendation
was to remove parking on the south side of Ortega Highway and extend the sidewalk into that
area. Staff recommended that the trees be replaced as part of this project, noting that the
future capital improvement project to widen the sidewalk area would provide an 8 -foot
pedestrian area adjacent to Ortega Highway and the trees would provide a canopy effect.
Council Member Campbell suggested that the proposed Ash trees be replaced with evergreen
trees to ensure a lush, green appearance throughout all seasons of the year. She noted that
Ash trees also take a long time to grow and are bare for several months of the year.
Mr. Tomlinson explained that deciduous trees were recommended in the subject area because
of the north -facing wall surface. Deciduous trees would allow sunlight to penetrate through
the tree limbs during the coldest times of the year and provide shade during the hottest times.
Mayor Nash stated concern that replanting the trees at the current curb area would ultimately
result in the trees being in the middle of the sidewalk when the sidewalk widening was
completed. She felt the trees should be planted close to the ultimate curb alignment to break
City Council Minutes -12- 5/16/95
195
up the mass of the street and the curb, with the addition of benches and/or chairs for outdoor
' patio areas. Mr. Tomlinson stated that if Council wished to retain the option of placing the
street trees at the future curb edge, then the trees should be removed within the existing
sidewalk area and not replanted as part of the proposed improvements. In response to Mayor
Nash, Mr. Tomlinson advised that the timing of the sidewalk widening would be contingent
on the Historic Town Center project and identification of funds to accomplish the re -work
of Ortega Highway.
Council Member Swerdlin inquired about the maintenance of the proposed sidewalk material.
Mr. Tomlinson stated that maintenance for the proposed sidewalk would be the same as that
for the current sidewalk.
Exemption of Sidewalk Replacement Project from Procedures of Section 9-2.311 of
Municipal Code:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and
unanimously carried that the proposed sidewalk replacement adjacent to the Mission
Promenade be exempted from review procedures of Section 9-2.311 of the Municipal Code
based on the finding that the project is consistent with City Council Policy 418, "Processing
of Capital Improvement Program (CIP) Projects."
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Written Communication:
Report dated May 16, 1995, from the Chief of Police Services, recommending that the City
be authorized to participate in the County's 800 Megahertz Communication System Joint
Powers Authority to correct current deficiencies in the existing communication system for
emergency response. The primary purpose of the Joint Powers Agreement is to provide a
purchase and financing vehicle for the system. The Authority was formed due to the County's
bankruptcy and related degradation in its bond rating. The initial costs to the City, including
system infrastructure, shared services, and capital projects, was estimated at $303,967.
Mayor Nash noted that cities will fund approximately 71 % of the agency and inquired why
the cities were only permitted one vote each while the County had twelve votes.
Mr. Scarborough indicated he would investigate the matter and provide a report to the
Council regarding the justification in the allocation of votes among the County and the cities.
Adoption of Resolution Approving the City's Participation in the CQIW's 800
Megahertz Communication System Joint Powers Authority:
It was moved by Council Member Campbell, seconded by Council Member Hart, to
recommend that the County consider permitting equal representation on the Authority
' between the contract cities and the County; that Council Member Hart be appointed to
represent the City on the Authority; and, that the following Resolution be adopted:
City Council Minutes -13- 5/16/95
196
RESOLUTION NO, 95-5-16-5_ APPROVING JOINT POWERS
AGREEMENT AND APPOINTING REPRESENTATIVE - 800
MEGAHERTZ COMMUNICATIONS SYSTEM - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE
ORANGE COUNTY 800 MEGAHERTZ COMMUNICATIONS SYSTEM
AND APPOINTING A REPRESENTATIVE AND AN ALTERNATE TO
THE BOARD OF DIRECTORS
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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Written Communication:
Report dated May 16, 1995, from the Engineering and Building Director, recommending that
the proposed Community Participation Design Process be approved for the Community
Center at the Sports Park site. The Report estimated that the design process would take
approximately four to six months, with construction on Phase I to begin in one year and
completed within two years. The proposed design process would utilize community
workshops to set goals and priorities, gather information, and establish cost recovery
objectives, with the City Council to evaluate priorities, provide direction, and approve all
aspects of the program and design. The Report requested input from the Council as to
whether all or some of the Council should attend the workshops or whether two Council
workshop liaisons should be appointed to represent the Council.
With regard to the City Council's involvement in the workshop process, Council Member
Jones felt that previous workshops worked well with Council Members attending when they
desired as citizens, not as formal Council liaisons.
Approval of the Design Process for the Community .enter:
It was moved by Council Member Hart, seconded by Council Member Campbell, and
unanimously carried that the Community Participation Design Process be approved for the
Community Center at the Sports Park site, with Council Members to attend public workshops
as citizens.
Ms. Heider noted that the first workshop will be scheduled for Wednesday, June 21, 1995,
at 7:00 p.m. at the La Sala room of the Library.
City Council Minutes -14- 5/16/95
197
2. CONSIDERATION OF FACELITY USE AGREEMENT WITH CITY OF DANA
POINT AND ACCEPTANCE OF CONSTRUCTION FUNDS FOR THE SPORTS
PARK AT KINOSHITA FARM (600.3 0)
Written Communication:
Report dated May 16, 1995, from the Engineering and Building Director, recommending that
the ten-year Facility Use Agreement between the City of San Juan Capistrano and the City
of Dana Point be approved permitting use of the fields by Dana Point residents and accepting
the donation of $110,000 from the Dana Point City Council for the construction of the three
soccer fields at the Kinoshita Farm Sports Park.
Sharon Heider, Open Space Project Manager, made an oral presentation. She noted that the
staff recommendation differed from that of the Parks, Recreation & Equestrian Commission.
The Commission had recommended that the City of Dana Point contribute toward the
maintenance costs of the soccer fields. The Commission also recommended that the life of
the Agreement be limited to ten years, after which time the Agreement would be renegotiated
based on the use at that time.
Public Comments:
Roy Nunn, Assistant Regional Commissioner of AYSO Region 87, representing the Board
of Director for Region 87, spoke in support of the staff recommendation. He emphasized
AYSO's commitment to participate in the maintenance of all soccer fields, proposed and
' existing, in the City.
In response to concerns raised by the Parks, Recreation & Equestrian Commission, Mayor
Nash felt that the proposed Agreement was sufficient to address their concerns and advised
that the City would continue to work with the City of Dana Point to address other means for
maintenance of the fields.
Approval of Facility Use Agreement with Cb of Dana Point:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carred that the Facility Use Agreement between the City of San Juan Capistrano
and the City of Dana Point be approved permitting use of the fields by Dana Point residents
and accepting the donation of $110,000 from the Dana Point City Council for the
construction of the three soccer fields at the Kinoshita Farm Sports Park. The Mayor of San
Juan Capistrano was authorized to execute the Agreement on behalf of the City.
Written Communications:
(1) Report dated May 16, 1995, from Cassandra Walker, Community Development
' Administrator, regarding the appointment of new members to the re-established
Business Task Force.
City Council Minutes -15- 5/16/95
RM
(2) Memorandum dated May 12, 1995, from Cassandra Walker, Community
Development Administrator, forwarding recommendations for appointment to the
Task Force from current member Joe Campbell.
Council Member Swerdlin suggested that two additional members be added to the Task
Force, to total 11 members, and nominated James Curwood (South Coast Cyclery) and
Sigismund Hau (Cafe Mozart). Mayor Nash felt that two additional members should not be
added at this time without a recommendation from the Task Force and suggested that the
additional nominations be considered in the future. Council Member Hart concurred.
Appointment of Members to the Business Task Force:
It was moved by Mayor Nash, seconded by Council Member Swerdlin, and unanimously
carried that the following persons be appointed to the newly re-established, nine -member
Business Task Force:
Tom Bogdanski (Sarducci's)
Joe Campbell (Ruby's)
Maria Cedeno (Mariners Bank)
Tom Facon (Chamber of Commerce)
Rich Hanson (Hansch Financial)
Gerry Miller (Mission San Juan Capistrano)
Al Parajeckas (Barwick Nissan)
Scott Schmidt (Moto Photo)
Ted Stroscher (Plaza Del Obispo)
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Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Jones, 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.
Appointment of City Representative to the County+ Waste Management Commission:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that Mayor Nash be appointed as the City's representative to the County
Waste Management Commission.
• • ' • ' • • I• :Tefi:C•Jy
Council Member Campbell noted that Bill Woollett, Transportation Corridor Agency
CEO, had undergone open heart surgery this date and was doing very well. There
was a consensus of the Council that the City send an acknowledgment to
Mr. Woollett for his recovery.
City Council Minutes -16-
5/16/95
199
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Council Member Hart expressed appreciation to Mayor Nash for her efforts in
obtaining support of San Juan Capistrano's opposition to the proposed importation
of trash into County landfills from 19 cities, noting that only six cities did not join in
support.
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Council Member Campbell inquired whether a meeting had been scheduled with the
Engineering and Building Director, Brent Muchow of the Transportation Corridor Agency,
and herself regarding south walls on I-5 at the southbound Ortega Highway off -ramps.
Mr. Huber indicated he would report back on the status of that meeting.
Council Member Jones noted the new marketplace event scheduled for Thursday, May 18,
1995.
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Council recessed to a Closed Session at 9:30 p.m. for:
Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as Trackside Dining, Inc. v. City of San Juan Capistrano, San Juan
Capistrano Community Redevelopment Agency, et al;
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 three cases;
3. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et al, claimant,
against the City of San Juan Capistrano; and
4. 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 12:14 a.m., Wednesday,
May 17.
I
Mr. Denhalter advised there was no action to report on any of the items.
City Council Minutes -17- 5/16/95
200
There being no further business before the Council, the meeting was adjourned at 12:15 a.m.,
Wednesday, May 17, to the next regular meeting date of Tuesday, June 6, 1995, at 7:00 p.m. in the
City Council Chamber.
Respectfully submitted,
CHERYL• IO •
ATTEST:
CAROLYN N SH, MAYOR
City Council Minutes -18- 5/16/95