95-0705_CC_Minutes_Regular Meeting247
JULY 5, 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 7:06 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Whitney White, Assembly Member, Baha'i
Faith/Local Spiritual Assembly of San Juan Capistrano.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning
Services, Al King, Jr., Director of Community Services; Lt. Paul Sullivan, Chief of Police Services;
Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously
carried that all Ordinances be read by title only.
INTRODUCTIONS AND PRESENTATIONS
Written Communication:
Report dated July 5, 1995, from Julia Kimminau, Management Analyst II, regarding Yomar
Cleary's retirement from City service as Director of Volunteer Public Safety Services effective
July 7, 1995. Mrs. Cleary was instrumental in the development and coordination of San Juan
Capistrano's Associated Seniors Action Program, which began November 4, 1992.
Presentation of Resolution of Appreciation:
Mayor Nash read the Resolution of Appreciation in full and presented it to Ms. Cleary in
recognition of her three years of service with the City. Ms. Cleary expressed appreciation to
the City Council and staff for their support of the City's Associated Seniors Action Program
(ASAP).
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Written Communication:
Report dated July 5, 1995, from Carole JackI4 Council Services Administrator, advising that
Deputy Paul Wade had been unanimously selected by his supervisors to be recognized as the
1995 "San Juan Capistrano Deputy of the Year."
Acceptance of Presentation:
Mayor Nash presented the Certificate of Recognition and a City plaque to Deputy Wade and
introduced Deputy Wade's family. Deputy Wade expressed appreciation to Lt. Sullivan, his
fellow Deputies, and the City Council for the honor.
RECOGNITION OF LONG-TERM EMPLOYEES (730.90)
Written Communication:
Report dated July 5, 1995, from Julia Kimminau, Management Analyst II, advising that Fico
Aguilera, (Construction Inspector) and Maricella Moreno (Recreation Coordinator) had
attained 15 years of employment with the City; and Steve Farrell (Maintenance Worker) had
attained 10 years of employment with the City.
Mayor Nash presented service plaques to Fico Aguilera and Maricella Moreno in recognition
of their service to the City. Steve Farrell was not present to receive his service plaque.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor Nash introduced the following Commission representatives in attendance: Pauline
Leonard (Parks, Recreation, and Equestrian Commission) and Bill Hardy (Los Rios Review
Committee).
ORAL COMMUNICATIONS
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Gale Darter, 33781 Limerick Lane, noted that Jose Aponte, the former San Juan Capistrano
Librarian, had moved out of state. He stated that the Multi -Cultural Performing Arts Series
would continue with the support of the Friends of the Library, the County Librarian, and the
City and invited the City Council to attend any of the upcoming concerts.
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
a. Resular Meeting of June 6. 1995
The Minutes of the Regular Meeting of June 6, 1995, were approved as submitted.
AAdiourned Regular Meeting of June 14. 1995
The Minutes of the Adjourned Regular Meeting of June 14, 1995, were approved as
submitted.
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The List of Demands dated June 21, 1995, in the total amount of $546,251.72 was received
and filed.
The City Treasurer's Report of Cash Fund Balances for the month of May 1995 in the total
amount of $303,904.48 was received and filed.
As set forth in the Report dated July 5, 1995, from the Director of Engineering and Building,
the plans and specifications were approved for the Spring Street drainage improvements.
Staff was authorized to call for bids.
As set forth in the Report dated July 5, 1995, from the Director of Engineering and Building,
the plans and specifications were approved for the asphalt concrete overlay of Calle Arroyo
from La Novia Avenue to Avenida Siega. Staff was authorized to call for bids.
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As set forth in the Report dated July 5, 1995, from the Planning Director, the following
Resolution was adopted authorizing the Mayor to sign the Year 3 HOME Grant Contract No.
EC41688 for Year 20 (FY 1994-95) in the total amount of $80,000 for the rehabilitation of
single-family homes for low-income households:
RESOLUTION NO. 95-7-5-1. APPROVING AND AUTHORIZING THE
MAYOR TO SIGN YEAR 3 HOME GRANT CONTRACT (FISCAL
YEAR 1994-1995)- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND
AUTHORIZING THE MAYOR TO SIGN THE $80,000 YEAR 3 HOME
GRANT CONTRACT (FISCAL YEAR 1994-1995) FOR THE
REHABILITATION OF SINGLE-FAMILY HOMES FOR LOW-INCOME
HOUSEHOLDS
PUBLIC HEARINGS
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Proposal:
Consideration of the proposed Seven -Year Capital Improvement Program for Fiscal Years
1995 through 2002, to provide consistency with requirements of the State Congestion
Management Program and the County Measure M Program.
Written Communications:
(1) Report dated July 5, 1995, from the Director of Engineering and Building, forwarding
the proposed budget, project detail narrative, project summary and detail sheets, and
a project funding breakdown.
(2) Minor modifications added to pages 4 and 5 of the 7 -Year CIP Detail Narrative
(Attachment 2).
Mr. Huber made an oral presentation, advising that the Fiscal Year 1995-96 budget totalled
$8.3 million and that revenues were projected to be similar to Fiscal Year 1994-95. Program
elements for Fiscal Year 1995-96 included funding for roads, streets, signals, street widening
and rehabilitation projects; drainage improvements; sewer lines and sewer lift stations; park
projects and open space projects; and, Community Development Block Grant projects. He
reported that because of a projected $156,000 deficit in the Drainage Fund, funds for drainage
projects may have to be borrowed from the Sewer Fund. He noted that although the Parks
and Recreation Fund had a deficit of $312,000, there were a limited number of projects
proposed and City anticipated that the fund would have a positive balance by the end of the
year if projected revenues were received. With regard to the lighting of the athletic fields at
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the new Kinoshita Farm Sports Park, he noted that on August 16, 1994, the City Council had
' decided that lighting funds be used for expansion of the Community Center and all of the
Open Space Funds had been expended. Therefore, a project was not included in this year's
proposed program. He suggested that the $110,000 donation by the City of Dana Point, as
well as the $16,000 donated by AYSO, could be used to install lighting. However, since the
lighting was anticipated to cost approximately $300,000, there would still be a shortfall. Staff
recommended consideration of a project for funding in Fiscal Year 1996-97. If Council
wished to fund lighting this year, projects would have to be cancelled in the Park and
Recreation funds to fund the shortfall or consider a phased program for the lighting.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following persons responded:
(1) Susan Yun of Civic Solutions, 31726 Rancho Viejo Road, Suite 223, spoke on behalf
of the Hunt Club Community Association. She submitted the following collection of
correspondence with the City regarding drainage problems at the catch basin located
on Steeplechase Drive north of Rolling Wood Lane: Trail map for the Hunt Club
community, letter dated August 30, 1993, from Thomas Merrell of Civic Solutions
to the Engineering and Building Director; letters dated June 24, October 11, and
March 16, 1994, from the City Engineer to Mr. Merrell; and letter dated February 16,
1994, from Mr. Merrell to the Engineering and Building Director. She stated that the
' City -owned drain is in disrepair and that the trail easement over the drain has been
disrupted, preventing access for any horse equipment and vehicles. She recommended
that funds for the repair of the drain be included as soon as possible in the Capital
Improvement Program budget or that an alternative funding source be found to
correct this situation.
There being no fiuther input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Council Member Jones felt that funding for the lighting at the Sports Park should be secured
as soon as possible. He felt that although the funds received from the City of Dana Point had
not been designated for fighting, but the intentions and encouragement from the City of Dana
Point and AYSO had been to include lighting. He suggested that the City research
alternatives to install the lighting sooner, or look at other funds that may be available for
borrowing, or analyze what revenues might be generated if the lights were in place. He
emphasized he did not want the lighting installed in a piecemeal fashion. Council Member
Swerdlin concurred. Mayor Nash noted that the Open Space Program budget was the largest
budget proposed, and expressed concern with spending more funds on the Sports Park
project. She felt that the intent of the Council's 1994 action was that the infrastructure for
lighting be installed first, with the completion of the lighting to occur when funding became
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available
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Adoption of Resolution Approving Seven -Year Capital Improvement Program:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that staff
be directed to research alternatives for funding the lighting at the Sports Park and that the
following Resolution be adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES RELATED TO THE 1995-2002
SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
The Resolution authorized the expenditure of $8,346,637 in Fiscal Year 1995-96.
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Proposal:
Consideration of the Council Subcommittee's recommendation to allocate $40,200 to
community organizations and to reserve $6,800 in Community Promotions funds for
consideration of future funding requests for this fiscal year.
Written Communication:
Report dated July 5, 1995, from the City Council Subcommittee for Community
Promotion Funding, recommending that $40,200 be authorized in funding assistance
to eight community organizations and that $6,800 be reserved for consideration of
any future funding requests in this fiscal year.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing,
and the following persons responded:
(1) Joanne Lister, speaking on behalf of the Community Counseling Center of San
Juan Capistrano, expressed appreciation for the $4,000 in funding
recommended for their organization.
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(2) Dee Leif, 4115 Calle Juno, San Clemente, speaking on behalf of the Boys and
Girls Club, indicated that although no funding was proposed for the Club from
the City or the School District, they wished to continue their cooperation with
the City and its Community Services Department. She suggested that any
additional funding that might become available for the Club would be
appreciated.
(3) Lee Steelman, President of the South Orange County Community Services
Council, expressed disappointment that the Community Services Council had
not been recommended for any funding for this fiscal year and requested that
Council reconsider the recommendation.
(4) Pauline Leonard, member of the Executive Committee of the South County
Senior Services, expressed appreciation for the $5,000 in funding proposed.
She concurred with the recommendation that these funds be allocated for
home delivery meals only and noted that work would continue on cash
management and shared housing. She expressed disappointment that the
South Orange County Community Services Council and the Mary Erickson
Foundation were not proposed to receive any funding and requested that the
Council reconsider funding for both organizations.
(5) Dr. Ken Friess, 31506 Paseo Christina, advised that he had received
' information this date that the County may close the Social Services office in
South Orange County and the public health clinic in San Juan Capistrano
because of the County's bankruptcy situation. He noted that local
communities worked hard to get these services in the South County area,
which have experienced a tremendous demand. He felt that because current
public needs were no longer being met by either the State or the County, the
burden has been placed on volunteer organizations and South County cities.
There being no further input, the hearing was declared closed with the right to reopen
at any time.
Council Discussion:
Council Member Campbell noted that law enforcement increases have resulted in a
reduction of certain services to the community in order to combat crime. She advised
that some cities have professionals working to seek funding for community services.
Council Member Jones expressed concern that the community had been made aware
of the Subcommittee's recommendations for funding before final adoption of the
budget. He advised that the Subcommittee's intent had been to provide larger funding
to organizations such as the San Juan Task Force because it encompassed many of the
other groups' services. Council Members Swerdlin and Hart concurred.
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Mayor Nash stated that the Subcommittee's main focus had been to allocate funding
to those groups that assist the most needy in the community. She noted that City
employees had been laid off to help balance the budget.
Approval of Funding Assistance to Community Organizations:
It was moved by Mayor Nash, seconded by Council Member Hart, and unanimously
carried that $40,200 be authorized in funding assistance to the following eight
community organizations and that the remaining $6,800 be allocated to the
Community Promotions Budget for consideration of any future funding requests this
fiscal year:
Capistrano Indian Council ........................
$1,500
Community Counseling Center of San Juan Capistrano ...
4,000
Fran Joswick Therapeutic Riding Center ..............
1,200
Once Upon a Story ................................
500
San Juan Capistrano Chamber of Commerce ...........
8,000
San Juan Community Task Force ..................
10,000
South County Community Clinic ..................
10,000
South County Senior Services .....................
5,000
Proposal:
Consideration of the proposed Operating Budget for fiscal year 1995-96, including
proposed expenditures and personnel reductions to eliminate the projected budget
deficit of $208,000.
Written Communication:
Report dated July 5, 1995, from the Administrative Services Director, recommending
that the proposed expenditures by fund totaling $17,825,585 for the 1995-96
Operating Budget be approved.
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.
Council Discussion:
Mayor Nash recommended that the request for $33,000 for additional courses for the
Community Services Department not be included in the budget. She also suggested
that a new program, City News ($8,800) be funded to help keep the community
informed.
Council Member Jones stated support for the Graffiti Abatement program due to its
success in the community. He inquired why the budget for Code Enforcement had
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been increased significantly and Ms. Pendleton explained that the increase was due
to a reorganization of the internal code enforcement procedures and the resulting
reallocation of funds.
Adoption of Resolution Approving the 1995-96 Operating Budget:
It was moved by Mayor Nash, seconded by Council Member Hart, that the following
Resolution be adopted, with the following modifications:
(1) Proposed funding in the amount of $33,000 for additional programs in the
Community Services Department was deleted.
(2) A new program was added, City News, with a budget of $8,800.
RESOLUTION NO. 95-7-5-3. ADOPTING FISCAL OPERATING
BUDGET. 1995-96 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A PROPOSED OPERATING BUDGET AND
AUTHORIZING EXPENDITURES AND APPROPRIATIONS
RELATED THERETO
NOES
ABSENT
Council Members Campbell, Hart, Jones, Swerdlin, and
Mayor Nash
None
None
The budget modifications resulted in authorized expenditures of $17,815,625 for
Fiscal Year 1995-96.
Council recessed at 8:16 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:20 p.m. as the City Council.
FEWOMA I 1 \L a I I old
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PRESENTATION BY SBERIFF'SDEPARTMENT \ C _ I
TEAM (580.60)
Written Communication:
Report dated July 5, 1995, from the Chief of Police Services, advising that a number of
community and government organizations work to address gang and teen violence, with the
most successful suppression employing enforcement, intervention and education components.
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The report advised that the Gang Enforcement Team consisted of one supervisor and eight
Deputy Sheriffs and their efforts included high visibility patrols, probation searches,
investigation of gang related crimes and gathering of intelligence.
Deputy Dave Sawyer of the Sheriffs Gang Enforcement Team gave an oral presentation
regarding the Gang Enforcement Team's work in San Juan Capistrano.
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Written Communication:
Report dated July 5, 1995, from the City Clerk, advising that the Ordinance was introduced
at the meeting of Jun 20, 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 -
Lei •�II.T.�� t�1lYYIIICZ•1 11 1.I ui Jam! I'
PROVISIONS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 OF THE
MUNICIPAL CODE TO ADD SECTION 9-3.511, ESTABLISHING
STANDARDS FOR SENIORIHOUSEHOLD AFFORDABLE HOUSING
AND DENSITY BONUS PROVISIONS
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
2. ORDINANCE ESTABLISHING IN -LIEU AFFORDABLE HOUSING FEES
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Written Communication:
Report dated July 5, 1995, from the City Clerk, advising that the Ordinance was introduced
at the meeting of Jun 20, 1995, and was scheduled for adoption.
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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 Swerdlin,
seconded by Council Member Jones, that the following Ordinance be adopted:
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CODE - IN -LIEU AFFORDABLE HOUSING FEE PROVISIONS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9 OF THE MUNICIPAL CODE TO
ADD SECTION 9-3.632, ESTABLISHING IN -LIEU AFFORDABLE
HOUSING FEES
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
I ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaquin Hills Transportation Corridor (800,50)
Council Member Campbell advised that the Corridor was six months ahead of
schedule. Mr. Huber advised that as of this date, it appeared that the City would be
successful in negotiating an agreement with the Corridor Agency to resolve the
remaining issue of soundwalls at San Juan Elementary School and at Junipero Serra
Road. The agreement would include funds being placed in escrow to fund the project,
with excess money to be used on landscaping to screen the walls. In addition, the
issue of using a split -face block wall and been resolved.
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Council Member Hart advised that all discussion at the last meeting centered on
Measure R (1/2 -cent tax increase), which was defeated at the polls in June.
Council Member Jones noted the meeting scheduled for next week. With regard to
the San Juan Basin Authority, he advised that at their meeting this date, the issue of
. Pueblo Water Rights had been discussed. He noted that a report would be provided
to the Council in slots.
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d. Orange County Joint Fire Authority (540,80)
Council Member Hart advised that the budget had been adopted last week at their
general meeting. He added that the logos would be changed in the near future.
e. 800 Megahertz Joint Powers Authority (600.50)
Council Member Swerdlin advised that the Authority met regarding the
implementation of the 800 Megahertz project. He noted that there were still three
outstanding issues to be resolved: the agency lawsuit from Harrison Electronics, a
revised agreement which is currently being reviewed by the City Attorney, and
disposition of $14 million which was involved with the County bankruptcy. He noted
that the next meeting would be held within six months.
Mayor Nash indicated she attended the recent meeting of the Waste Management
Commission, at which the issue of whether or not to support trash importation had
been discussed. She advised that although each member voted in opposition to trash
importation, the County Supervisors voted in support.
COUNCIL COMMENTS
Council Member Campbell expressed concern about written materials that are presented
during discussion of items at Council meetings. She noted that the Council is unable to make
a fully informed decision on items when there is insufficient time for the Council to review the
materials. Mr. Denhalter noted that the Council is always faced with new information during
public meetings. He suggested that deadlines for written material could be imposed and the
public informed accordingly; however, the Council has the obligation to accept any
information that is presented at a public meeting. He noted that pursuant to the Brown Act,
written material should be made available to public by the end of a meeting and suggested that
the public be made aware of this provision. Council Member Campbell requested that staff
investigate the situation and report back.
CLOSED SESSION (610.85)
Council recessed to a Closed Session at 8:43 p.m. for:
Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at Parcel No. 121-141-27, San Juan Capistrano, with DeMaio as negotiating
party, to consider price and terms of payment;
2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as McLaughlin, etc. v. City of San Juan Capistrano;
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3. 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, and
4. Liability Claims per Government Code Section 54956.95, San Juan Partners claimants,
against the City of San Juan Capistrano.
The City Clerk was excused therefrom, and the meeting reconvened at 11:05 p.m.
COUNCIL ACTION FOLLOWING CLOSED SESSION
Mr. Denhalter advised there was no action to report on any of the items.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:06 p.m. to the
next regular meeting date of Tuesday, July 18, 1995, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
ATTEST:
CAROLYN N SH, MAYOR
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