95-0905_CC_Minutes_Regluar Meeting343
SEPTEMBER 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 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Monsignor Paul Martin of the Mission 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; Joe Arranaga, Director of Public Lands and Facilities; Lt. Paul Sullivan, Chief of Police
Services; Nancy Bernardi, Recording Secretary.
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It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously
carried that all Ordinances be read by title only.
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner and Sheldon Cohen (Planning Commission), Ed Johnson
(Transportation Commission and Mobile Home Park Review Committee), Pauline Leonard
(Parks, Recreation, and Equestrian Commission), Don Tryon (Cultural Heritage
Commission), and Al Simmons (President of the San Juan Seniors Club).
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Jane Garrison, 3 Tawny Port, Dana Point, submitted her letter dated September 5, 1995, to
the Council expressing concern regarding the abuse of animals at rodeos. She noted that a
rodeo had been held in the City on August 17-20 and cited some of the devices used at the
rodeos to make the animals buck and run. She noted that these devices have been outlawed
in certain states and that organizations such as the Humane Society, PETA, and Orange
County People for Animals oppose their use. She requested that the City adopt regulations
to prohibit the use of these devices at future rodeos. Mayor Nash requested that the City
Manager meet with Ms. Garrison to discuss appropriate future actions.
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Janice Palermo, 31565 Los Rios Street, board member of Capistrano Villas III, expressed
appreciation to the City Council, the City Manager, Lt. Sullivan, the community-based
policing officers and the Sheriffs Deputies for their support and assistance in addressing
problems in the Capistrano Villas neighborhood.
3. INTERNET SERVICES (150.90)
Ross Spoke, President of Microcity, 741 West 11th Street, Claremont, introduced his
company which specializes in putting small communities "on line" via the Internet throughout
the United States and England. He noted his three-part proposal recently submitted to the
City Manager and requested that an appointment be scheduled with City representatives to
discuss his proposal further. Council Member Jones suggested that the Business Task Review
be involved in this matter.
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Tom Lorch, owner of property along Trabuco Creek at the north end of the City, expressed
concern with the proposed El Homo development by Santa Margarita Company and the
cumulative effects of upstream development on San Juan Capistrano. He stated that the
County Flood Control District currently does not have the funds to ensure downstream
protection from upstream development and noted that the Bankruptcy Recovery Plan being
considered by the County would divert $4 million from the Flood Control District into the
recovery program for twenty years. He noted that this project was being reviewed by the
County on September 6 and requested that a City representative attend the meeting to
publicly voice the City's concerns and that the City be involved in the Bankruptcy Recovery
Plan.
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CONSENT CALENDAR
' It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. 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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The Minutes of the Regular Meeting of August 1, 1995, were approved as submitted.
The List of Demands dated August 16, 1995, in the total amount of $917,520.51 was
received and Sled.
' 3. RECEIVE AND FILE CASH BALANCES BY FUND FOR JULY 1995 (330,50)
The City Treasurer's Report of Cash Fund Balances for the month of July 1995 in the total
amount of $273,983.55 was received and filed.
As set forth in the Report dated September 5, 1995, from the Engineering and Building
Director, the following Resolution was adopted declaring the construction of a bypass to the
damaged sewer crossing on Trabuco De La Vista from Alipaz Street to Calle Santa Barbara
to be complete:
RESOLUTION NO. 95-9-5-1. COMPLETION OF TRABUCO DE LA
BARB - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO
BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
TRABUCO DE LA VISTA SEWER FROM ALIPAZ STREET TO CALLE
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The Resolution accepted the work as complete in the amount of $446,688.95 and directed
the City Clerk to forward a Notice of Completion to the County Recorder. Staff was
authorized to release the 5% retention in the amount of $22,334.45 thirty-five (3 5) days after
recording the Notice of Completion.
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As set forth in the Report dated September 5, 1995, from the Engineering and Building
Director, the contract for the installation of drainage improvements on Calle Delgado was
awarded to the lowest responsible bidder, Bob Wetzel Concrete, Inc. in the amount of
$9,624. All other bids were rejected. The Mayor and City Clerk were authorized to execute
the contract on behalf of the City.
As set forth in the Report dated September 5, 1995, from the Chief of Police Services, the
Amendment to the Agreement with All City Management Services, Inc. was approved
extending the contract for a one-year period beginning September 1, .1995, through
August 31, 1996, for the provision of crossing guard services at Ambuehl, Del Obispo, and
San Juan Elementary Schools, at a total cost of $33,200. The Mayor was authorized to
execute the Amendment on behalf of the City.
(600,30)
As set forth in the Report dated September 5, 1995, from the Chief of Police Services, the
contract with Trauma Intervention Programs, Inc. (TIP) was renewed for the provision of
volunteer trauma intervention response to critical incidents for fiscal year 1995-96 in the
amount of $3,396.72. The TIP program was initially brought before the City Council during
the 1994-95 mid -year budget review; however, commencement of the program was delayed
because of recruitment and training issues. The Mayor was authorized to execute the
contract on behalf of the City.
8. PROPOSED WAIVER OF CITY FEES - C4LLE L 7
PROPERTIES (390,30)
As set forth in the Report dated September 5, 1995, from the Engineering and Building
Director, all City fees totaling $25,830 associated with the slope repair, demolition, and
reconstruction of the following homes damaged by the Calle Lucana landslide were waived:
26371 Calle Lucana, 26375 Calle Lucana, 26381 Calle Lucana, 26391 Calle Lucana, and
26392 Via Alano.
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9. AUTHORIZATION FOR MAYOR'S SIGNAT F COMMM
' DEVELOPMENT BLOCK GRANT PROGRAMIHOME CONTRACTS (600.50)
As set forth in the Report dated September 5, 1995, from the Planning Director, the Mayor
was authorized to execute the following CDBG/HOME Year = grant contracts on behalf
of the City in the total amount of $207,500:
Contract No. EC41807 in the amount of $100,000 for housing rehabilitation;
2. Contract No. EC41831 in the amount of $7,500 for youth scholarships;
Contract No. EC41843 in the amount of $100,000 for single-family
rehabilitation.
The following items were removed from the Consent Calendar and considered separately.
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Written Communication:
Report dated September 5, 1995, from Douglas Dumhart, Management Analyst 11,
recommending that freeway signage be modified to assist local businesses, as recommended
' by the Business Task Force.
Council Member Hart noted that Caltrans did not approve six out of the 17 signs submitted
for approval and requested that this item be continued to receive an update from staff.
Council Member Campbell requested that staff provide clarification as to the reasons for
Caltrans' opposition to the six signs. Mayor Nash also requested that staff provide the
Council with a list of signs that will continue to remain, new signs proposed, and sign
modifications.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that this item be continued to the meeting of October 3, 1995, for fiuther
clarification.
Written Communications:
(1) Report dated September 5, 1995, from the Planning Director, recommending that the
request by Valencia Productions be approved to conduct a cultural festival and
. concert on the City's Northwest Open Space property on September 16, 1995, subject
to approval of a Special Activities Permit.
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(2) Supplemental Report dated September 5, 1995, from the Planning Director, advising
of the applicant's request to withdraw this item from further consideration.
The item was withdrawn at the request of the applicant.
PUBLIC HEARINGS
None.
RECESS AND RECONVENE
Council recessed at 7:25 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:26 p.m. as the City Council.
None.
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Written Communication:
Report dated September 5, 1995, from Carole Jacklin, Council Services Administrator, noting
that the vacancies had been advertised and their appointments continued from the meeting of
August 15, 1995, for review of applications.
Continuation of Item:
It was moved by Council Member Hart, seconded by Council Member Campbell, and
unanimously carried to direct staff to re -advertise for the positions due to a lack of
applications.
Written Communication:
Report dated September 5, 1995, from the City Clerk, requesting that a voting delegate and
alternate be selected to represent the City at the General Business Session of the 1995 League
of California Cities Annual Conference on October 22-24 in San Francisco.
The Council Members indicated they were not planning to attend the League Conference.
However, Council Member Campbell indicated she may decide to attend and will advise staff
accordingly.
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Written Communication:
Report dated September 5, 1995, from Carole Jacklin, Council Services Administrator,
forwarding the letter of resignation.
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried to accept the resignation of Kathy McInerney from the Planning
Commission and to declare the position vacant. 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 at the meeting of October 3, 1995.
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, 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.
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Written Communication:
Report dated September 5, 1995, from the City Manager, recommending that the Council
appoint a representative to the 800 Megahertz Joint Powers Authority Board of Directors to
vote on matters being discussed at their meeting on September 12, 1995.
Appointment of Civ Representative:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that Council Member Swerdlin be appointed to serve as the City's
representative on the 800 Megahertz Joint Powers Authority Board of Directors.
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Council Member Campbell reported that at the Transportation Corridor Agency
Board meeting held this date, the Agency had discussed the Water Board issues and
had agreed to negotiate an agreement with the City of San Juan Capistrano for the
design/build of the widening of Rancho Viejo Road between Village Road and from TCA*
Trabuco Creek, as originally requested by the City. In addition, a proposal/was
introduced to spend $10 million to construct a building for the Corridor from bond
money. This building would house the necessary optics technology.
*added per Council action on 10/3/95
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Council Member Jones noted that a meeting was held on August 31 with SERRA
representatives, Congressman Ron Packard, and the Metropolitan Water District
regarding the desalter project.
Mayor Nash noted the meeting held this week, at which the Commission forwarded
a recommendation to the County Board of Supervisors regarding fees for private cars,
small trucks, and imported trash.
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Mayor Nash introduced the new Public Lands and Facilities Director, Joe Arranaga.
2. DONATIONS TO CITY (150.10)
Mayor Nash expressed appreciation for the donation received by the City from Abigail Weiser
in the amount of $1,500 for the trimming of trees along EI Camino Real Park and the railroad.
She noted that Ms. Weiser's donation constituted more than 50% of the cost of the project.
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Hart, seconded by Council Member Jones, 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.
Council Member Hart noted the recent rise in vandalism at the Love House temporary
parking lot and inquired whether the City could install temporary lighting to discourage crime
in the area.
Mr. Scarborough indicated that temporary lighting could be installed within two to three
months and would remain in place until the implementation of the Historic Town Center plan
in about four to five years. He noted that permanent lighting would need to be reviewed
through the normal City processing.
Approval to Consider the Installation of Tempora Lighting at the Love Lot:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that staff be directed to provide a report to the Council in slots within
two weeks and place the item on the October 3 agenda for discussion and recommendation.
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' Mr. Scarborough advised that the Community Redevelopment Agency/City are not yet in
possession of the Texaco lot due to clean-up issues, which need to be addressed by the City
Manager, the City Attorney, and Texaco within the next two months. However, the Love lot
will be paved quickly. Council Member Jones requested that staff consider the Christmas tree
lighting ceremony if the Texaco lot is not available. Mr. Scarborough felt that the outstanding
issues would be resolved by that time.
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Council Member Swerdlin noted that he and the City Manager attended a meeting of the
Orange County Investment Plan on August 30 to discuss resolution of the County's
bankruptcy. The consensus at the meeting was to try and influence the State legislature to
lessen impacts on cities from the bankruptcy.
CLOSED SESSION (610,85),
Finding for Consideration of Off -Agenda Items:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried to find that these items were not available prior to publication of the
agenda and consideration was necessary at this time.
' Approval to Add Items for Discussion in Closed Session:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that the following items be added to the list of items for discussion in
Closed Session: 1) Conference with Legal Counsel regarding the case known as Trackside
Dining, Inc. vs. City of San Juan Capistrano; and 2) Conference with Legal Counsel for the
case known as Vasquez Produce vs. City of San Juan Capistrano.
Council recessed to a Closed Session at 7:45 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, Anticipated Litigation, per Government Code Section
54956.9(6), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases;
3. Liability Claims per Government Code Section 54956.95, San Juan Partners claimant, against
City of San Juan Capistrano;
4. 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;
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5. Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Trackside Dining, Inc. vs. City of San Juan Capistrano;
and
6. Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Vasquez Produce vs. City of San Juan Capistrano.
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.
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There being no further business before the Council, the meeting was adjourned at 11:15 p.m. to
Friday, September 8, 1995, at 4:30 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOF168OW ITY CLERK
ATTEST:
CAROLYN NAAL MAYOR
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