95-0801_CC_Minutes_Regular Meeting279
AUGUST 1, 1995
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Nash at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Doran Tregarthen of St. Margaret of
Scotland Episcopal Church.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collette 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; Dawn
Schanderl, Deputy 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.
FRUm Rel OEM[
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner (Planning Commission), Bill Sonka (Transportation Commission),
Pauline Leonard (Parks, Recreation, and Equestrian Commission), Bill Hardy (Los Rios
Review Committee), Don Tryon and Lee Buser (Cultural Heritage Commission), Al Simmons
(President of the San Juan Seniors Club), and Tom Facon (Executive Director of the Chamber
of Commerce).
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280
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
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Susan Jarvis, 26351 Wildwood Lane, expressed concerns regarding an item on the Consent
Calendar regarding the proposed installation of two street lights on Country Hills Road. She
stated that the location of one of the proposed light fixtures at the northwest comer of the
intersection of Country Hills Road and Wildwood Lane would be in front of her bay and
bedroom windows. She indicated that this was the only residence to be so affected by this
project and requested that the fixture either be deleted or relocated to a more appropriate and
less visually obtrusive location. She stated that the area had minimal traffic and felt that the
intersection was not hazardous.
91&101 AEGY411W,1619001 1
Don Tryon, representing the San Juan Capistrano Historical Society, invited the City Council,
City staff, and the public to attend an historical affair at the ONeill Museum on Saturday,
August 5, 1995, from 1:00 to 4:00 p.m.
.. UR : • • UIUI ; 1 1
Tom Facon, Executive Director of the San Juan Capistrano Chamber of Commerce,
expressed appreciation to the public and the City Council for their attendance at the awards
banquet held on Thursday, July 27, 1995.
LOLUX140 ULOY41► 1
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
• " • • • • 1 II►I
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The Minutes of the Regular Meeting of July 5, 1995, were approved as submitted.
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2. RECEIVE AND FILE WARRANTS OF JULY 19. 1995 (300.30)
' The List of Demands dated July 19, 1995, in the total amount of $1,486,453.52 was received
and filed.
As set forth in the Report dated August 1, 1995, from the Director of Administrative
Services, the following Resolution was adopted setting the tax rate of $0.0724 per $100 of
assessed valuation for Open Space General Obligation Bond Property:
RESOLUTION NO. 95-8-1-1. SETTING AD VALOREM TAX RATE -
FISCAL YEAR 1995-96 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING
THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM
TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING
FISCAL YEAR 1995-96 FOR DEBT SERVICE AND REQUESTING THE
LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO
The City Clerk was directed to forward a certified copy of the Resolution to the County
Assessor and Auditor/Controller for inclusion on the 1995-96 tax rolls.
4. RESOLUTION ESTABLISHINGAPPROPRIATION LIMITS FOR FISCAL YEAR
1995-96 (330,20)
As set forth in the Report dated August 1, 1995, from the Director of Administrative
Services, the following Resolution was adopted establishing the 1995-96 fiscal year appropri-
ation limits in the amount of $26,136,473:
RESOLUTION NO, 95-8-1-2. ESTABLISHING APPROPRIATION
LIMITS_ 1995-96 FISCAL YEAR - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITS (GANN
LIMIT) FOR THE 1995-96 FISCAL YEAR
As set forth in the Report dated August 1, 1995, from the Engineering and Building Director,
the Standard Plans for use by the Engineering and Building Department in all future Public
Works construction projects were approved.
City Council Minutes -3- 8/1195
W -PA
6. J, • •]',T• Jif• UTILITY DISTRICT NO, 95-01 II►• : BOUNDARY
MODIFICATION •
As set forth in the Report dated August 1, 1995, the minor boundary modification to
Underground Utility District No. 95-01 was approved to extend the District limits northerly
on El Camino Real from Ortega Highway.
"'• •'•
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RAWWWRIM- u_L
As set forth in the Report dated August 1, 1995, from Engineering and Building Director, the
following Resolution was adopted approving the Master Funding Agreement with the Orange
County Transportation Authority, which clarifies the roles and responsibilities of the
Authority and local agency for all Measure M and bicycle/pedestrian facilities projects:
AUTHORITY - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
MASTER FUNDING AGREEMENT WITH THE ORANGE COUNTY
TRANSPORTATION AUTHORITY
The Resolution authorized the Mayor to execute the Agreement on behalf of the City.
It was a consensus of the Council that the following item be removed from the Consent Calendar and
considered separately.
Written Communication:
Report dated August 1, 1995, from the Director of Engineering and Building, recommending
that the plans and specifications be approved for the installation of two street lights on
Country Hills Road.
Mr. Huber indicated that out of 21 responses received from residents in the subject
neighborhoods, 17 residents were in favor of the project and 3 were opposed to the proposed
fixture at the intersection of Wildwood Lane and Country Hills Road. To address the
concerns expressed by Mrs. Jarvis, he felt that the fixture of concern could be moved a minor
amount to prevent any glare into her windows and still maintain the City's minimum lighting
level standard of .5 footcandles. He recommended that the fixture not be relocated to the
other side of the street or in front of another residence.
Council Member Swerdlin inquired whether additional shielding could be installed on the
fixture to cut off glare from the residence. Mr. Huber explained that the proposed fixtures
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283
already contained a cut-off lens which would shield light sufficiently from residences. He
' stated that these lenses are designed to throw the majority of the light into the street and the
sidewalk. He suggested that staff look at this issue from the house perspective. Council
Member Jones inquired whether the fixture could be deleted. Mr. Huber explained that the
fixture was necessary to raise the street's existing level of lighting from .00-.03 footcandles
to the minimum lighting level of. 5 footcandles.
Council Member Hart inquired when these fixtures were first requested by the residents and
whether they were an oversight on the developer's part. Mr. Huber advised that the residents
submitted their request two years ago but that funds for the project were not available until
the 1995-96 fiscal year.
Continuation of Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that this item be continued to a future council meeting, to allow staff to
work with Mrs. Jarvis regarding potential visual impacts to her home from one of the
proposed fixtures.
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DISTRICT NO, I (CAPISTRANO RQYALE) TRACTS 9284
(BELFORD M (LOS CORRALES)_QMSSION WOODS)- AND
8485 (MISSION ':I► 1
Proposal:
Consideration of proposed annual assessments for the subject City Landscape Maintenance
Written Communications:
(1) Report dated August 1, 1995, from Jack Galaviz, Superintendent of Public Lands and
Facilities, recommending that the Landscape Mainienance Districts for Tracts 9284,
9382, 9373/7654, 7673, and 8485 and Capistrano Royale be assessed for maintenance
services for specific landscaping by the City.
(2) Letter received July 25, 1995, from Michael O'Bryen, 27751 Paseo Esteban,
expressing concerns with the lack of maintenance during periods other than the annual
weed abatement and lack of enforcement regarding unleashed dogs and parking.
Nancy Barney, Administrative Assistant, made an oral presentation. She noted that an oral
request had been received to expand one of the maintenance districts but that no formal
written request was submitted. She indicated that City staff had been trying to contact
Michael OBryen to discuss the concerns in his letter. She explained that the charges for the
' Capistrano Royale district were higher since there were fewer lots to share the costs.
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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.
Resolution Confirming Costs:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted confirming the following budgets for the six Landscape
Maintenance Districts and authorizing the County Assessor's Office to include the charges on
the Property Tax Roll:
$ 574 per home
$ 257 per home
$ 260 per home
$ 210 per home
$ 63 per home
$1,016 per home
- Tract 9284 (Seaview)
- Tract 9382 (Belford Terrace)
- Tract 8485 (Mission Springs)
- Tract 7673 (Mission Woods)
- Tract 9373/7654 (Los Corrales)
- Capistrano Royale
RESOLUTION NO, 95-8-1-4. CONFIRMING COST REPORT - 1995
LANDSCAPE MAINTENANCE DISTRICTS CTRACTS 9284. 9382. 8485-
7673,9373/7654,
485_7673.9373/7654. AND CAPISTRANO ROYALE) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR 1995
LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY
OF SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673,
9373/7654, AND CAPISTRANO ROYALE).
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Proposal.
Consideration of proposed charges for the City's 1995 Weed Abatement Program in the total
amount of $14,836.10, which costs will be assessed to individual property owners on their
1995-96 tax roll.
Written Communications:
(1) Report dated August 1, 1995, from Jack Galaviz, Superintendent of Public Lands and
Facilities, noting that letters of notification were mailed to all property owners with
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potential nuisance problems on April 17, 1995, and that abatement began on May 19,
1995.
(2) Revised listing indicating a new property owner to be assessed within Parcel No. 6-
15.
(3) Memorandum dated July 27, 1995, advising that charges for work on Parcel Nos.
668-241-01 and 668-241-04 should have been assessed to Parcel No. 668-241-04
only, with no charges to be assessed to Parcel No. 668-241-01.
(4) Letter dated July 28, 1995, from Keith A. Dawson of the law firm of Dawson &
Dawson, 5 Civic Plaza, Suite 320, Newport Beach, CA 92660, advising that Parcel
No. 650-181-17 had been quitclaimed by Mid -Pacific Shore Properties to Wells Fargo
Bank on December 27, 1994.
Nancy Barney, Administrative Assistant, made an oral presentation. She noted that two
letters were received regarding changes in ownership, and letters were subsequently
forwarded to the correct property owners. In addition, another property owner notified staff
regarding discrepancies with property boundaries, which was addressed in the above-
mentioned Memorandum dated July 27.
Public Hearins:
' Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Confirming the Cost Report:
It was moved by Council Member Swerdlin, seconded by Council Member Hart, that the
following Resolution be adopted:
WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR THE 1995 WEED ABATEMENT PROGRAM
IN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
' Staff was directed to submit the Confirming Cost Report to the County Auditor -Controller
to assess individual property owners on the 1995-96 tax roll in the total amount of
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286
$14,836.10, broken down as follows: City Parcels ($5,736.69), CRA Parcels ($811.25), and
Private Parcels ($8,288.16).
Proposal:
Consideration of amendments to the Municipal Code to delete Chapter 10 of Title 8, and to
replace it with new Chapter 10 in Title 9. The proposed amendment would establish a
comprehensive Soils Subsidence Remediation Program for hillside developments in the event
of surficial and catastrophic slope subsidence. Consideration of this Amendment was initiated
on May 2, 1995.
Applicant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated August 1, 1995, from the Planning Director, recommending that the
proposed Code Amendments be adopted.
(2) Memorandum dated July 31, 1995, recommending minor text changes to Exhibit "A," —
including a provision to ensure that the developer is responsible for correcting any
damages from soils subsidence that would occur in the first three years without
establishing cause.
Mr. Tomlinson 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.
Introduction of Ordinance Aonroving Amendment:
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 Hart, seconded
by Council Member Jones, that the following Ordinance be introduced:
SENW41071 R. MEMO 1; ME tvjjzl W1 M.
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELETING TITLE 8, CHAPTER 10 AND ADDING
TITLE 9, CHAPTER 10 TO THE MUNICIPAL CODE ENTITLED SOILS
SUBSIDENCE REMEDIATION PROGRAM
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287
The motion carried by the following vote:
' AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Proposal:
Consideration of an amendment to the Municipal Code to modify and clarify the City's appeal
process for conformance with recent court decisions, and to establish procedures for
evaluating the legality of an appeal. Consideration of this Amendment was initiated on
May 2, 1995.
Applicant
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
' Written Communication:
Report dated August 1, 1995, from the Planning Director, recommending that the proposed
Amendment be adopted.
Mr. Tomlinson 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.
Introduction of Ordinance Approving Amendment:
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:
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 2, ARTICLE 3,
SECTION 9-2.314 ENTITLED APPEALS OF THE MUNICIPAL CODE
I
The motion carried by the following vote:
City Council Minutes -9- 8/1/95
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES None
ABSENT: None
Council Member Jones advised he would abstain in this item due to its proximity to his
residenceibusiness.
Proposal:
Consideration of a Purchase Agreement for the Magic Holding Company to purchase the
Depot property from the Agency at a cost of $920,000 in an "as is" condition with no
contingencies. As a condition of sale, the Agreement includes interior and exterior facade
easements to protect the historic c. 1895 buildings.
Written Communication:
Report dated August 1, 1995, from Cassandra Walker, Community Development
Administrator, recommending that the sale of the Capistrano Depot property to Magic
Holding Company, Inc. be approved based on the terms set forth in the Purchase Agreement
and Escrow Instructions dated June 14, 1995. The Report noted that a Reciprocal Public
Access Agreement would be granted to the City to ensure future public vehicular and
pedestrian access between Verdugo Street and Camino Capistrano via the Mission Street
right-of-way through the north end of the Capistrano Depot parking area. In addition, the
Agency and the developer would share in the escrow costs, and a 6% brokerage commission
would be paid to Sperry Van Ness for locating the buyer and coordinating the transaction.
Cassandra Walker, Community Development Administrator, made an oral presentation. She
indicated that a new family-owned steakhouse restaurant was expected to open in October
1995. In response to an inquiry by Council Member Hart, she indicated that the City would
continue to maintain right-of-way ingress and egress to the property's 98 parking spaces.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving the Sale of the Capistrano Deyot ProR&M to Maggi
Holding Company. Inc.:
It was moved by Council Member Campbell, seconded by Council Member Hart, that the
following Resolution be adopted:
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RESOLUTION NO, 95-8-1-6. APPROVING PURCHASE AGREEMENT
AND ESCROW INSTRUCTIONS FOR THE SALE OF PROPERTY
LOCATED AT 26701 VERDUGO STREET TO MAGIC HOLDING
COMPANY. INC. - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR
CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO MAGIC HOLDING
COMPANY, INC.
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Swerdlin, and Mayor Nash
NOES: None
ABSTAIN: Council Member Jones
ABSENT: None
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' Council recessed at 7:43 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:55 p.m. as the City Council.
F.110Z-t 113 &19
Written Communication:
Report dated August 1, 1995, from the Administrative Services Director, recommending a
disposition strategy for City/Agency properties which have been identified as available for
sale, as follows:
(1) Staff to proceed with the sale of the following properties: Vaquero West (26755
Verdugo Street), 31401 El Homo Street, and the Marbella Fire Station site.
(2) Staff to determine the options available for the disposition of the Congdon House
when the J&W contract expires in March 1996.
(3) Staff to review the parcels located at the northwest and southwest comers of La
' Novia Avenue and San Juan Creek Road with the Parks, Recreation, and Equestrian
Commission prior to recommendations on their final disposition.
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(4) Staff to initiate the Request for Proposals process for public input regarding
possession of the Harrison House, the Parra Adobe, and the Montanez Adobe.
Public Comments:
(1) Pauline Leonard, 27589 Brookside Lane, requested that since many of the subject
properties are difficult to maintain, the sites should be considered for affordable
housing. She urged that the City give careful consideration to the sale of any of the
properties.
Council Member Hart spoke in favor of selling most of the properties listed since he was
strongly opposed to the City being in the real estate business. He suggested that the issue of
affordable housing would be more appropriately addressed by the business community and
not the City. Council Member Swerdlin suggested that the owners of the golf course be
notified if the City decides to sell the Open Space Preservation and Open Space Recreation
properties located at the northwest and southwest comers of La Novia Avenue and San Juan
Creek Road to determine their interest in purchasing some of it. Council Member Campbell
noted that recreational land was scarce in the City and urged that recreational uses be
considered for these properties.
With regard to the Harrison House, the Parra Adobe, and the Montanez Adobe, Council
Member Jones inquired whether consideration had been given as to the costs to restore the
structures, who should be responsible, and whether non-profit agencies should be allowed to
inhabit the structures. Ms. Pendleton indicated that staff intended to develop guidelines for
their maintenance, subject to review and approval by the City Council. Mr. Scarborough
added that the intent was to determine whether there was any interest in those properties,
without precluding any potential uses for them. Mayor Nash felt that the properties should
not be sold but maintained by other organizations. She noted that the properties were
purchased by the City many years ago and had cultural value to the community.
Ms. Pendleton concurred, stating it was staffs intent to find beneficial, creative uses for the
properties while still maintaining ownership by the City.
Approval of Disposition of Property Owned by the City and Community Redevelopment
Agency:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that staff be directed to:
(1) Proceed with the sale of the following properties: Vaquero West (26755 Verdugo
Street), 31401 El Homo Street, and the Marbella Fire Station site;
(2) Determine the options available for the disposition of the Congdon House when the
J&W contract expires in March 1996;
(3) Review the parcels located at the northwest and southwest corners of La Novia
Avenue and San Juan Creek Road with the Parks, Recreation, and Equestrian
Commission prior to recommendations on their final disposition; and
City Council Minutes -12- 8/1/95
291
(4) Initiate the Request for Proposals process for public input regarding possession of the
Harrison House, the Parra Adobe, and the Montanez Adobe.
ENGINEERING AND BUILDING CERVICES DIRECTOR
vvren� ITEM
Written Communication:
Report dated August 1, 1995, from the Engineering and Building Director, recommending
that the request by Mr. Joe Napoli for a waiver of payment of Engineering and Development
Fees in the amount of $8,055 be denied for an additional living unit at 31981 Alipaz Street.
The Report noted that the unit was converted, without permits, to a five-plex prior to
Mr. Napoli's purchase of the unit in July 1994, and Mr. Napoli has requested that one of the
illegal units be converted back to a garage and the other illegal unit be brought up to Code.
This item was continued from the meeting of July 18, 1995, for staff to provide additional
information and clarification regarding the Code Enforcement action previously filed on this
property. The Report advised that Code Enforcement was first initiated in the matter on
February 22, 1994, with another action taken on March 15, 1995. In the event the Council
approved a reduction in the fee, the Report recommended that approval be based on the
finding that the 320 -square -foot additional unit does not create the same impacts on the need
' for park/recreation, sewer demand and agricultural preservation as would an average -sized
residential rental unit.
Council Member Campbell felt that a reduction in fees in this situation could set a precedent
for similar requests in the future and suggested that the findings recommended by staff be
expanded to be very specific to this case.
Public Comments:
(1) The applicant, Vitina Napoli, 31797 Paseo La Branza, requested that the fees be
waived since no official action was taken by the City's Code Enforcement prior to
their purchasing the property and the case was subsequently considered closed by the
City.
Council Member Jones stated that Mr. Napoli showed honesty and integrity in bringing the
Code violations, which preceded his purchase of the property, to the attention of the City.
He noted that the original fee proposed by staff ($8,055) constituted approximately $25 per
square foot and felt that even a 50% reduction ($4,025) was excessive. He felt that
Mr. Napoli was probably misled when he signed the Disclosure Statement at the time the unit
was purchased. He suggested that Mr. Napoli be charged administrative costs only for
processing the necessary paperwork. Council Member Swerdlin concurred, stating that some
fees were necessary to cover costs for impacts on sewer, staff costs, open space, etc.
City Council Minutes -13- 8/1/95
PON
Mr. Huber stated that very little staff time would be involved in the processing of Mr. Napoli's
request. He suggested that the fee be reduced to $1,280, which he calculated based on the
unit's square footage.
Approval of Reduced Engineering Development Fees:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that Engineering Development Fees be reduced to $1,200 for an
additional living unit at 31981 Alipaz Street (totaling four), based on the findings that:
(1) The additional unit is 320 square feet and, therefore, does not create the same impacts
on the need for park/recreation, sewer demand, and agricultural preservation as would
an average -sized residential rental unit; and,
(2) This parcel has a unique history of special hardship imposed on the current property
owner.
1 1 • l •� jJ. •'
Written Communications:
(1) Report dated August 1, 1995, from the Engineering and Building Director,
recommending that vehicular access rights to the subject property be approved in the
form of a License Agreement, rather than a quitclaim, to allow the City to condition
the approval. Proposed conditions include restricting the number of driveways , their
design and location, and limiting the number of vehicles used on site. The Report
noted that staffs recommendation was based upon a conclusion that such action
would not create a traffic safety problem and would result in a community benefit in
the protection and maintenance of the site and its historic structure. The Report
stated that Ms. Kennedy was in the process of purchasing the property and intended
to convert the historic bunkhouse into a private residence with a garage. This item
was continued from the meeting of July 18, 1995, to address ingress/egress issues and
for staff to provide recommendations to resolve concerns of Hidden Mountain
residents with traffic safety.
(2) Letter dated July 23, 1995, from Charles A. Hulse, Jr., Board Member on the Hidden
Mountain Homeowners Association, requesting that consideration be given to a)
potential traffic hazards as a result of the proposed driveway, b) preserving the
historical nature of the open space agreement, c) adding the bunkhouse on site to the
City's Inventory of Historic Structures, and d) installing stop signs at La Mancha and
San Juan Creek Road.
(3) Letter dated July 23, 1995, from Charles F. Heffener, 28332 Via Fernando,
expressing concerns with numerous existing traffic hazards on San Juan Creek Road.
He requested consideration of a) a stop light or three-way stop sign at La Mancha and
City Council Minutes -14- 8/1/95
293
San Juan Creek Road, b) relocation of the sidewalk and curb from the comer of Lot
' A to La Mancha and a right -turn -only lane into La Mancha, c) widening San Juan
Creek Road past La Mancha, and d) improved enforcement of speed limits and traffic
laws on San Juan Creek Road.
Mr. Huber made an oral presentation, noting that homeowners of both Hidden Mountain and
Hidden Mountain Estates had been notified of this item. He noted that the two existing
accesses at Tar Farms have far less site distances than the one proposed. He advised that only
three accidents have been reported in the area since 1990, one of which could have been
prevented by a stop sign. He stated that the use of a License Agreement instead of an
quitclaim in this matter would help the City to control the future use of this property after
Ms. Kennedy's occupancy by restricting the number of vehicles permitted on the site.
Council Member Swerdlin felt that a hammerhead type of driveway would be more
appropriate. Mr. Huber indicated that it had been considered but felt that a circular driveway
provided a more direct, front -facing egress onto San Juan Creek Road. However, he believed
that either type would be satisfactory, noting that Ms. Kennedy's original request was for a
hammerhead driveway. Council Member Jones expressed concern that a circular driveway
may encourage U-turns by parents dropping off children at school. Council Member
Campbell expressed concern about the location of the garage and the location of cars on site.
Public Comments:
' (1) The applicant, Marguerite Kennedy, felt that it would be essential to install gates at
the driveway entrance and/or a sign stating "No left turns" to discourage U-turns into
the driveway. Regarding the garage, she indicated it was her desire to obtain historic
designation for the structure so that any additional structures would be required to
blend in appropriately with the existing bunkhouse. She noted that the garage would
be only 400 square feet, used for storage, and located in an unobtrusive area on the
left side of the property. Trees on site would be preserved. She indicated that since
the last meeting, she had spoken with local bankers, lenders, title insurance
companies, real estate attorneys, and national underwriters regarding the proposed
License Agreement. She still believed that a quitclaim was the best option because
of the historic significance of the structure. She noted that the property's Open Space
District has very specific controls in regard to restoring and maintaining the existing
structure. Without access, the site is considered landlocked and of no value to lenders
and insurers. She suggested that the License Agreement could be recharacterized as
an "easement appurtenant" to be more viable to lenders and insurers. She noted that
most of the provisions in the License Agreement are addressed in the Municipal Code
for Open Space Districts. In addition, she stated that a License Agreement cannot be
carried with the land; that it is a hybrid designation that can be legally challenged. She
felt that issues with Hidden Mountain residents needed to be separated from this issue
of access to the property.
' (2) Dina Meek, 28252 Paseo Andante, member of the Hidden Mountain Homeowners
Association Board of Directors, indicated she was not opposed to Ms. Kennedy's
City Council Minutes -15- 8/1/95
Mil
occupation of the property but with allowing a driveway on San Juan Creek Road.
She felt that all of the accesses on San Juan Creek Road were unsafe and that a stop —
sign was necessary in the area. She believed that construction of a driveway would
have a significant impact on the property and its open space.
(3) Scott Looney, 28042 Paseo Aldanza, indicated he owned property immediately
adjacent to the subject property. He stated that vehicular access has been consistently
denied for the property. He expressed strong concerns regarding the potential future
use of the property after Ms. Kennedy's occupancy and the importance of maintaining
the open space. He noted that the proposal would allow for an expansion of
structures on the property to 1,600 square feet, three times the size of the existing
bunkhouse. He felt that construction of a driveway, a two -car garage, gate, and walls
would min the open space area. He requested that the proposed License Agreement
not be approved.
Mr. Denhalter addressed Ms. Kennedy's concerns with the License Agreement. He suggested
that an easement could be used instead of the License Agreement if sufficient conditions were
imposed on it to satisfy the concerns of the Engineering and Public Safety Departments.
However, Ms. Kennedy would have the same difficulty with lenders and insurers with an
easement because of access issues. He indicated that a License Agreement would allow the
City to place conditions on the access to protect the City from any abuse of the property from
the roadway. He noted that the property is not truly landlocked, i.e. access without
trespassing onto another property, but has parking and access issues. He stated that a title
company would insure the property but not the access. Without the License Agreement or
similar conditions, City staff has concerns that future ownership of the property could result
in overuse and over -access of the property. In addition, the License Agreement or an
easement would transfer with the land.
Mr. Huber added that the License Agreement would be recorded against the title and would
be transferred to other titles. With regard to residents' requests for a stop sign in the area, he
stated that the matter was currently under review by the Traffic Department and would be
reviewed by the Transportation Commission at their meeting of August 9, 1995. He indicated
that the proposed License Agreement would address the concerns expressed by Mr. Looney
regarding future use of the property. He noted that the potential total square footage of
1,600 square feet for structures on the property included carport, patio, etc. To address
design concerns, he suggested that an additional condition be considered to require any
improvements to the property to be subject to the review and approval of the Cultural
Heritage Commission and the City Council.
Council Member Jones felt that because the lot was 16,000 square feet, a total building
footprint of 1,600 square feet would not be out of proportion for the site. He suggested that
in order to obtain lending, Ms. Kennedy should apply for loans for her improvements before
applying for historic designation because of the difficulty in obtaining loans for historic
structures. —
City Council Minutes -16- 8/1/95
295
Mayor Nash preferred a hammerhead design for the driveway because it would be less
' hardscape in the front yard and would allow only one driveway access.
Council Member Hart inquired whether Ms. Kennedy had purchased the property, she
indicated that it was currently in escrow. Council Member Hart indicated he was opposed
to government intervention in private property ownership. He noted that in response to
concerns with traffic safety from residents, the City had requested that the two homeowners
associations relocate their gate to alleviate the problems. However, it has not occurred
because of disagreement between the homeowners associations. He felt that Ms. Kennedy
has every right to have access to San Juan Creek Road via a driveway and recommended that
ingress and egress of the property be quitclaimed to Ms. Kennedy. Council Member
Campbell expressed concern that a quitclaim would eliminate the City's ability to license the
access to the property.
Mr. Denhalter cautioned that a quitclaim would not be able to condition the access or the use
of the property and would only give Ms. Kennedy free access to her property. He explained
that a quitclaim was an unrestricted conveyance that transfers any interest the City has to the
property owner, including the existing right to restrict access. He indicated that the License
Agreement itself would not affect the title of the property but would affect access to the
property. This would subsequently impact the value of the property, which may inhibit
lenders from approving loans. The License Agreement would also retain the City's interest
in the property through conditions on the easement and enforcement. He suggested that to
' condition the right to access, several tools could be used, e.g. an easement, which is the City's
conveyance of a limited right of access, or a License Agreement, which permits the access in
a particular type of way.
Council Member Jones felt that conditions on the access could affect the value of the property
and its marketability since the access could be revoked if violations occurred.
Ms. Kennedy preferred that a quitclaim be approved and promised that she would abide by
Traffic, Planning, and Engineering regulations contained in the Municipal Code for Open
Space Districts. Mr. Huber explained that if a quitclaim were approved, once it was
executed, Ms. Kennedy would submit an application for a permit to construct the driveway.
If staff determined that the plans met the City's minimum standards, the permit would be
approved administratively, over the counter, without further discretionary review.
Motion to Ouitclaim Propel ailed):
It was moved by Council Member Hart, seconded by Council Member Jones, that vehicular
access rights to San Juan Creek Road in order to install a driveway at Lot A of Tract 9786
be quitclaimed to Ms. Kennedy, subject to a condition requiring a hammerhead design for the
driveway. The motion failed by a 2-3 roll call vote, with Council Members Campbell and
Swerdlin and Mayor Nash voting in opposition.
' Mr. Scarborough felt that an easement would make the property easier to market and would
transfer with the property with less complications in future sales. Mayor Nash suggested that
City Council Minutes -17- 8/1/95
PUA
the wording of the License Agreement be changed to "Easement," including all conditions in
the proposed License Agreement.
Approval of License Agreement/Easement:
It was moved by Mayor Nash, seconded by Council Member Campbell, that the proposed
License Agreement be approved and reworded as an "Easement" granting vehicular access
rights to Lot A, Tract 9786. The Easement document shall contain all conditions in the
License Agreement, including the following additional conditions:
(1) Any applications for additional structures shall be subject to the review and approval
of the Cultural Heritage Commission and the City Council.
(2) The driveway shall be constructed with a hammerhead design.
The motion was carried by a 3-2 roll call vote, with Council Members Hart and Jones voting
in opposition. The Mayor and City Clerk were authorized to execute the Easement on behalf
of the City, and the City Clerk was directed to forward the Easement to the County Recorder.
3. OPEN SPACE MASTER PLAN UPDATE (530.40)
Written Communication:
Report dated August 1, 1995, from the Engineering and Building Director, providing an
overview of the major projects underway toward the implementation of the Open Space —
Master Plan; e.g. construction of the Sports Park, consideration of ballfield lighting, design
of the Community Center, and TEA funding for Northwest site improvements.
Sharon Heider, Open Space Project Manager, made an oral presentation.
Council Member Campbell inquired about the Change Orders submitted for the project and
expressed strong concerns about using contingency funds and possibly funds from the
Community Center Project to offset the costs of the Change Orders. She noted that Change
Orders are a common occurrence in the construction industry and requested that staff keep
them to an absolute minimum. Council Member Hart concurred. Ms. Heider stated that the
contingency money is considered "sacred" by staff and would not be misused.
Mr. Scarborough advised that Change Orders are reviewed very carefully at all levels in the
City to ensure they are necessary. Mr. Huber added that contractors are routinely advised
that the City does not approve Change Orders. When they are occasionally approved, it is
when the Change Order was work that was not clearly described in the approved Scope of
Work or was outside of the approved Scope of Work. He emphasized that Change Orders
will not be approved just because a contractor "low -balled" a project.
Council Member Campbell expressed strong concern that funding for the current Change
Order constituted 20% of the contingency money for the Open Space Bond project. She felt
that the City should not have to cut back on certain items in the project because of reductions
in the contingency money.
City Council Minutes -18- 8/1/95
297
The Report .. .
4. ESTABLISHMENT OF _RKING RESTRICTIONS • \ THE _ • 1TH SIDE OF
ESCOLAR- ON COUNTRY HILLS ROAD- AND WILDWOOD LANE� AND U-TURN
RESTRICTIONS ON VIA ESCOLAR (570.30/ —) (570.70)
Written Communications:
(1) Report dated August 1, 1995, from the Engineering and Building Director,
recommending current parking permit regulations be rescinded and that the following
parking restrictions be established, pursuant to recommendations in a traffic study
conducted by the City of Mission Viejo to address traffic generated from Capistrano
Valley High School:
(a) "No Stopping 6:00-10:00 a.m. and 2:00-3:00 p.m. School Days" zone from
a point 930 feet east of Rancho Viejo Road, then easterly to its terminus.
Subsequently the City Council deleted the time requirement and combined the
verbiage "No Parking Zone" of proposed item (d) into one resolution.
(b) "No U -Tums" for eastbound vehicles at all intersections and driveways on Via
Escolar from a point 300 feet east of the centerline of Rancho Viejo Road to
the east end of Via Escolar;
' (c) "No Stopping Except by Permit on School Days" on Country Hills Road and
Wildwood Lane; and
(d) "No Parking" zone on the south side of Via Escolar from a point 930 feet of
Rancho Viejo Road, then easterly to its terminus.
(2) Memorandum dated July 28, 1995, revising the Staff Report and draft Resolutions to
extend the proposed parking restrictions to the easterly terminus of Via Escolar and
to change "School Hours" to "School Days."
Public Comments:
(1) Perry Powell, 29091 Country Hills Road, spoke in support of establishing "no
stopping except by permit on school days" (Recommendation #3) because of existing
problems with students at Capistrano Valley High School making U-turns. He
suggested that the starting hours be 6:30 a.m. since school starts at 7:00 a.m.
However, he felt that the proposed restrictions for "no stopping 6:00-10:00 a.m. and
2:00-3:00 p.m. school days" and a "no parking" zone on the south side of Via Escolar
would conflict and be confusing. He explained that the existing red curb means no
stopping 24 hours per day, and vehicles would probably stop to pick up students at
2:30 p.m. He suggested that signs be installed along the red curb stating "No
Stopping Anytime" to avoid confusion. He felt it was important to enforce these
' regulations, noting that the City's only Parking Enforcement Officer stops work
between 12:30-2:00 p.m. and Sheriffs Deputies will not answer these types of calls
City Council Minutes -19- 8/1/95
298
for enforcement. He noted that his street is like a parking lot at 2:30 p.m. He stated
that he attended a meeting at Capistrano Valley High School a few weeks ago, at
which the City of Mission Viejo requested that the entire south side of Via Escolar be
posted for "no stopping on school days." He felt this restriction would be more
effective than posting the hours, as proposed by staff. He noted that the high school
was opposed to students being dropped off on the south side of Via Escolar because
of safety reasons and was planning to add some drop-off lanes at the school. He felt
that the high school was doing everything it could to encourage dropping off of
students in their parking lot.
Mr. Huber explained the reason for the proposed hours was to accommodate parking during
off-peak hours for people visiting the school or dropping off others for short periods of time.
He noted that people prefer not to have to drive to the back lot of the school just to drop off
or park for short periods of time. He agreed that the City had limited parking enforcement
ability and felt that "no stopping anytime" restrictions would result in even more calls for
enforcement.
Lt. Sullivan advised that the Sheriffs Department could work with the City of Mission Viejo
on enforcement issues to ensure parking enforcement in the afternoon period, perhaps by
alternating days of enforcement responsibility. He felt that "no stopping anytime" would be
easier to enforce. He noted that the problems increased last year after the high school no
longer allowed parents to drop off students in the school's front lot.
Council Member Campbell stated that parents will drop off their children despite any
restrictions and felt that it was the school's responsibility to address the existing parking
problems.
Adoption of Resolution Estal lishing "No Parking Except by Permit on School Days" on Both
Sides of Country Hills Road and Wildwood Lane:
It was moved by Council Member Hart, seconded by Council Member Campbell that the
following Resolution be adopted:
• MOORE • • _.. 1► _ ' _ iul
.•• .• 1 119 11VAIRM NJ W.1\I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RESCINDING RESOLUTION NO.
91-6-4-2, THE ESTABLISHMENT OF "NO PARKING EXCEPT BY
PERMIT SCHOOL HOURS" AREAS ON BOTH SIDES OF COUNTRY
HILLS ROAD AND WILDWOOD LANE
The motion carried by the following vote:
City Council Minutes -20- 8/1/95
i
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Adoption of Resolution Establishing "No Stopping" Zones on South Side of Via Escolar:
It was moved by Council Member Hart, seconded by Council Member Campbell, that the
following Resolution be adopted, with the modification for "No Stopping Anytime":
RESOLUTION NO. 95-8-1-8- 'NO STOPPING OR PARKING ANYTIME"
ZONE - SOUTH SIDE OF VIA ESCOLAR - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO STOPPING OR PARKING
ANYTIME" ZONE ON THE SOUTH SIDE OF VIA ESCOLAR FROM
RANCHO VIEJO ROAD EASTERLY TO ITS TERMINUS
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Adoption of Resolution Establishing "No U -Turns" Areas on Via Escolar:
It was moved by Council Member Hart, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 95-8-1-9- ESTABLISHING "NO U-TURNS" FOR
EASTBOUND VEHICLES -VIA ESCOLAR - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO U-TURNS" FOR EASTBOUND
VEHICLES AT ALL INTERSECTIONS AND DRIVEWAYS - VIA
ESCOLAR
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
City Council Minutes
Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
None
None
-21-
8/1/95
299
300
Adoption of Resolution Modifying "No Stoppine" Zones on Country Hills Road and
Wildwood Lane:
It was moved by Council Member Hart, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 95-8-1-10. ESTABLISHING "NO STOPPING
EXCEPT BY PERMIT ON SCHOOL DAYS" ZONE - COUNTRY LULS
ROAD AND WILDWOOD LANE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO STOPPING EXCEPT BY PERMIT ON SCHOOL
DAYS" ZONE INSTEAD OF PERMIT PARKING WITHIN A
RESIDENTIAL SUBDIVISION (COUNTRY HILLS DEVELOPMENT)
AND ON EITHER OR BOTH SIDES OF DESIGNATED STREETS OR
PARTS THEREOF - COUNTRY HILLS ROAD AND WILDWOOD LANE
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
APPLICATION OF VEHICLE CODE TO PRIVATE STREETS - SAN JUAN CREEK
HOMEOWNERS ASSOCIATION. TRACTS 13027 AND 12633 (590.40)
Written Communication:
Report dated August 1, 1995, from the Engineering and Building Director, recommending
that the California Vehicle Code be applied to private streets within the San Juan Creek
Homeowners Association, Tracts 13027 and 12633, in order to provide a mechanism to
encourage safe driving practices and legal enforcement. The Report noted traffic concerns
within these tracts involving vehicles speeding, running stop signs, parking on the wrong side
of the street, and minors driving vehicles. The Resolution provides for response by Police
Services to traffic violations on a call -for -service basis.
Mr. Huber made an oral presentation. He indicated that enforcement would be based on the
Sheriff Department's resources to handle requests for enforcement.
Adoption of Resolution Applying the California Vehicle Code to Private Streets within the
San Juan Creek Homeowners Association:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
City Council Minutes -22- 8/1/95
301
RESOLUTION NO -95-8-1-1 1. APPLICATION OF VEHICLE CODE TO
' PRIVATE STREETS - SAN JUAN CREEK HOMEOWNERS
ASSOCIATION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR
APPLICATION OF THE CALIFORNIA VEHICLE CODE TO PRIVATE
STREETS IN THE SAN JUAN CREEK HOMEOWNERS ASSOCIATION
(TRACTS 13027, 12633)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
I I•' • ut ► •: � 1 1
Written Communications:
(1) Report dated August 1, 1995, from Wyatt Hart, Council Liaison to the Business Task
Force, forwarding a recommendation by the Business Task Force for City staff to
initiate a review of the City's lighting standards and to make recommendations to
improve lighting of parking lots, streets, pedestrian rights-of-way, and commercial
centers to revitalize the City's businesses.
(2) Memorandum dated July 26, 1995, from Carole Jacklin, Council Services
Administrator, forwarding a memorandum dated July 25, 1995, from Ted Stroscher,
Chairman of the Lighting Subcommittee of the Business Task Force. The memo
outlined recommendations to improve lighting in the community.
Public Comments:
(1) Tom Facon, Executive Director of the San Juan Capistrano Chamber of Commerce,
felt that the proposed review of the City's lighting standards would result in an
enhancement of the City's Shop and Dine San Juan program and encourage business
into the downtown area at night.
Approval to Initiate Review of City's LightingStandards:
It was moved by Mayor Nash, seconded by Council Member Campbell, and unanimously
carried that staff be directed to initiate a review of the City's lighting standards and provide
recommendations to improve lighting of parking lots, streets, pedestrian rights-of-way, and
I
commercial centers
City Council Minutes -23- 8/1/95
302
OFF -AGENDA ITEM
r
Finding for Consideration of Off -Agenda Item:
The Council unanimously agreed to find that this item was not available prior to publication
of the Council agenda and consideration was necessary at this time.
Written Communication:
Memorandum dated August 1, 1995, from the City Manager, recommending that a Fund
Transfer Agreement be approved to allow an additional $25,000 in funding from Caltrans to
flow to the TeleBusiness Center, with a 5% administrative fee, for the marketing and
operation of the Center.
Mr. Scarborough made an oral presentation. He advised that the City would not incur any
costs or staff time with the proposed Agreement but would receive 5% of the funding for
administrative staff time. Council Member Campbell requested that this 5% administrative
fee be included in the contract approval.
Approval of Fund Transfer Agreement:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the Fund Transfer Agreement be approved to allow an additional
$25,000 in funding from Caltrans to flow to the TeleBusiness Center, including a 5%
administrative fee to be paid to the City for administrative staff time, for the marketing and
operation of the Center. Staff was directed to agendize a formal contract with Chuck
Hauswirth of the TeleBusiness Center for approval at the August 15, 1995, Council meeting.
Written Communication:
Report dated August 1, 1995, from Carole Jacklin, Council Services Administrator,
forwarding the letters of resignation.
Acceptance of Resignations/Declaration of Vacancies:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried to accept the resignations of Maria Cedeno and Thomas Bogdanski from
the Business Task Force and to declare the positions vacant. Staff was directed to prepare
appropriate documents to commend Ms. Cedeno and Mr. Bogdanski for their community
service. The City Clerk was directed to post notices of the vacancy and to advertise for
applications for the position, for consideration by the City Council on August 15, 1995.
City Council Minutes -24- 8/1/95
303
3. •L:_ REPORTS OF OUTSIDE
a. FootWII/Eastern and San Joaquin Hills Transportation Corridors (800,50)
Council Member Campbell noted that progress on the Corridors was moving along
and that Bill Woolett would be back on Thursday.
'-!. .n". MIOIUNORIV.. 1�1 1
Council Member Jones noted that a report would be provided to the Council in their
slots.
C. San Juan Basin Authority (1050,60)
Council Member Jones noted that a report would be provided to the Council in their
slots.
Council Member Hart reported that the transition was moving ahead.
e. Orange Cou= Waste Management Commission (810.101
Mayor Nash noted the meeting scheduled for next week.
• N I lulu
DONATIONS TO CITY (150.10)
Mayor Nash noted the donations received from the following organizations: San Juan
Community Task Force ($150 for After -School Sports Program), the Orange County
Historical Society ($100 for Ballet Folklorico), the San Juan Capistrano Historical Society
($50 for the Ballet Folklorico), the Capistrano Valley High School Student Activities ($50
for the Ballet Folklorico), and San Juan Seniors, Inc. (a new Canon PC 740 Photocopier for
the Dance Hall).
CLOSED SESSION (610,85)
Council recessed to a Closed Session at 10:05 p.m. for:
Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as Hassett v. City of San Juan Capistrano;
' 2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as Romer v. Gresham, Appellate Court;
City Council Minutes -25- 8/1/95
304
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;
4. Liability Claims per Government Code Section 54956.95, San Juan Partners claimant, against
City of San Juan Capistrano; and
Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Association and the
Management Employees Association.
The City Clerk was excused therefrom, and the meeting reconvened at 11:15 p.m. 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 11:20 p.m. to the
next regular meeting date of Tuesday, August 15, 1995, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
By kDA�SC�ND5E)iLDEPUTY CITY CLERK
ATTEST:
6i
CAROLYN NXSH, MAYOR
City Council Minutes -26- 8/1/95