95-1017_CC_Minutes_Regular Meeting405
OCTOBER 17, 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 7:02 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Brother Bill Davenport of the Capistrano
Valley Baptist Church.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M.
Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arranaga,
Public Lands and Facilities Director; Al King, Jr., Community Services Director; 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 Campbell, and unanimously
carried that all Ordinances be read by title only.
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Council Member Campbell introduced the following Commission representatives in
attendance: Bill Sonka and Sheldon Cohen (Planning Commission), Nick Flagg (Mobile
Home Park Review Committee), Pauline Leonard (Parks, Recreation, and Equestrian
Commission), Bill Hardy (Los Rios Review Committee), and Al Simmons (San Juan Seniors
Club).
Mr. King introduced Renee Welling, the new Principle Administrative Librarian of the San
Juan Capistrano Library branch. Ms. Welling encouraged public input to address the needs
' of the community and enhance the Library's existing services.
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Council Member Hart introduced Monica Zazanis, a Saddleback College student majoring
in journalism.
DONATIONS (,150.10
Mayor Nash noted the following donations made to the City: $60 each from Dale McAtee
of Weseloh Honda and Margaret Cogdell of Ortega Properties to the Letters to Santa
program; $100 from William Lutzius of Aardvark Towing to the Youth -at -Risk program; and
$200 from Karen Andersen of Andersen John Partners, Inc. for Ballet Folklorico costumes.
Al Simmons, 32302 Alipaz Street, Space 135, President of the San Juan Seniors Club and Co -
Chairman of the Hoedown Committee, encouraged the public to purchase their tickets in
advance for the Hoedown barbecue fund raiser scheduled for Saturday, October 21, from
1:00 to 5:00 p.m.
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
ABSENT: None
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The List of Demands dated September 27, 1995, in the total amount of $1,468,400.01 was
received and filed.
CITY TREASURERS • : OF 1 OF M: . 30
•• (350,30)
The City Treasurers Report of Investments as of September 30, 1995, in the total amount of _
$10,016,803.69 was received and filed.
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3. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
' The Report dated October 17, 1995, from the Planning Director, advising that no new
development applications had been received by the City since the last report of September 19,
1995, was received and filed.
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As set forth in the Report dated October 17, 1995, from the Engineering and Building
Director, the contract for the River Street Drainage Improvements, Capital Improvement
Project No. 145, was awarded to the lowest responsible bidder, Brongo Construction, in the
amount of $14,221.59. All other bids were rejected. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City. Council Member Jones abstained
due to a potential conflict of interest because of the proximity of his residence/business to this
project.
5. RENEWAL OF AIRBORNE LAW ENFORCEMENT SERVICES AGREEMENT
AND AMENDMENT TO AGREEMENT REGARDING COST OF SERVICES
600.30
As set forth in the Report dated October 17, 1995, from the Chief of Police Services, the
contract with Airborne Law Enforcement Services for the provision of helicopter law
enforcement was renewed for the one-year period beginning July 1, 1995, through June 30,
1996, in the amount of $19,550. The Amendment to ABLE Subscriber Agreement was also
approved to allow the City to pay the agreed contract price if service exceeds the contract
amount. The Mayor was authorized to execute both documents on behalf of the City.
to WAN I Lei 9012 WO 2421 GI 1010 W103 a 1014
As set forth in the Report dated October 17, 1995, from the Engineering and Building
Director, the following expenditures totaling $372,043.91 were ratified with regard to
emergency and permanent repair work as a result of damages sustained to San Juan Creek
during the past winter storms:
Temporary Sewer Repair
$ 55,102.52
Permanent Sewer Relocation
155,485.00
Emergency Bank Protection
83,000.39
Creek Restoration Engineering
78,456.00
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The Claim for Damages filed by Tom and Mary Di Muzio was denied in its entirety, as set
forth in the Report dated October 17, 1995, from the City Attorney.
The following item was removed from the Consent Calendar at the request of Council Member
Campbell.
Approval of the Minutes of the Regular Meeting of September 19, 1995, was continued to
the meeting of November 7, 1995, at the request of Council Member Campbell.
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Proposal:
Reconsideration of a rezone to amend the Composite Development Plan for Area D-1 of the
Glendale Federal Planned Community located within Tracts 13437 and 13866, approximately
'/2 -mile southeast of the intersection of La Novia Avenue and Camino Del Rio. Proposed
modifications include newly designed single-family units and a reduction in the previously
approved sideyard setbacks from 10 feet on each side to 5 feet on one side and 10 feet on the
other. Subsequent to the City Council's denial of the requested revisions at the meeting of
July 17, 1995, a request was received by the applicant for the Council to reconsider this item
to further address the Council's concerns with the setbacks proposed.
Applicant:
Taylor Woodrow Homes, Inc.
Attn: Adrian Foley
24462 Ridge Route Drive
Laguna Hills, CA 92653
Written Communication:
Report dated October 17, 1995, from the Planning Director, recommending that the proposed
revisions be approved, subject to conditions. The Report emphasized that the requested
reduction in sideyard setbacks was not an exception or variance to the City's development
standards. The Specific Development Plan for the Glendale Federal Planned Community did
not specify sideyard setbacks, and provided that setbacks were to be established during review
of individual projects. The applicant was seeking revisions to the setbacks established by the
original developer.
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Exhibits were on display, and 1\Ir. Tomlinson made an oral presentation. Landscape plan,
' elevations, Conceptual Street Scene, and Preliminary Landscape and Irrigation Plan were on
display.
Applicant's Comments:
Adrian Foley of Taylor Woodrow Homes, Inc. explained that the proposed architectural
redesign of the homes was primarily for aesthetic reasons.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following person responded:
(1) Jennifer Murray, 28911 Via Hacienda, spoke in support of the proposed project. She
felt that the design was attractive, the project would benefit the housing market and
be an asset to the community, and that the proposed setbacks were adequate and
livable.
There being no fiuther input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Although she had concerns with the proposed reduction in setbacks, Council Member
Campbell indicated that she would support this project because it proposed only 2.7 dwellings
per acre instead of the permitted 3.5 dwellings per acre. Her support was also based on the
setbacks not being a variance to the City's development standards, noting that the approved
Glenfed Comprehensive Development Plan did not specify specific sideyard setbacks. She
also felt that the extra width for the homes was acceptable to accommodate the attractive and
unique design of the garages.
Council Member Swerdlin indicated he toured one of the applicant's projects in Carlsbad,
which was similar to the one proposed. He felt that the project was beautiful and spoke in
support of the project proposed. Council Member Jones advised that he had reconsidered this
project and would support it as proposed.
Mayor Nash indicated she opposed the project as proposed because she felt the homes were
too large for the size of the lot. She noted the compromises reached in the City's Settlement
Agreement with Glendale Federal and felt that the proposed reduction in setbacks constituted
more compromise on the City's part and would further reduce a significant amount of open
space throughout the project. She emphasized that she was not willing to compromise on the
loss of additional open space. She noted that many people objected to the Marbella project
because of the dense appearance of the large homes and felt that the proposed project would
appear more crowded. She felt that all projects should conform to City standards regardless
of whether they can be seen from other areas in town.
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Adoption of Resolution Approving Modifications to the Composite Development
Plan for Area D-1:
It was moved by Council Member Campbell, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO, 95-10-17-1. APPROVING REZONE 95-1. A
MODIFICATION TO THE COMPOSITE DEVELOPMENT PLAN FOR
GLENDALE FEDERAL PLANNED COMMUNITY "AREA D-1"
(TAYLOR WOODROW HOMES. INC.) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING MODIFICATIONS TO THE COMPOSITE
DEVELOPMENT PLAN FOR GLENDALE FEDERAL PLANNED
COMMUNITY "AREA D-1" TO INCLUDE NEWLY -DESIGNED
SINGLE-FAMILY RESIDENCES AND A REVISION TO THE SIDE
YARD SETBACKS (TAYLOR WOODROW HOMES, INC.)
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Hart, Jones, and Swerdlin
NOES: Mayor Nash
ABSENT: None
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Council Member Campbell indicated that due to the proximity of her residence to the proposed
project, she would abstain in this matter.
Proposal:
Consideration of an appeal filed by the applicant of the Planning Commission's action of
August 29, 1995, denying an exception to the City's Sign Ordinance to permit a 20 -foot tall
sign rather than the permitted 6 -foot -tall sign. The Commission's denial was based on the
finding that the proposed monument sign would not provide additional site identification
beyond that provided by the high level building -mounted sign.
Applicant/Property Owner:
Ford Leasing
1 Parkland Blvd., Suite 1500
East Dearborn, MI 48126
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Written Communications:
' (1) Report dated October 17, 1995, from the Planning Director, recommending that the
Planning Commission's action be upheld.
(2) Letter dated October 17, 1995, from Joe Campbell of Ruby's Restaurant and
Chairman of the Business Task Force, in support of the appeal.
Exhibits were on display, and Mr. Tomlinson made an oral presentation.
Applicant's Comments:
Rick Heinz, President of San Juan Lincoln/Mercury, discussed the importance of the sign to
ensure dealership identification from the freeway. He stated that the sign would be
aesthetically pleasing and would have no line -of -sight problems. He noted that the City
would receive additional tax revenues as a result of the increase in business for the dealership.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following persons responded:
(1) Nick Flagg, 32371 Alipaz Street, Space 11, spoke in support of the appeal. He felt
that the proposed sign would not adversely impact the adjacent mobile home park.
' (2) Wayne Murr, 29502 Spotted Bull Lane, indicated he appreciated the City's concern
with preserving its unique character but felt that the City has made it too difficult for
car dealerships to obtain approval for signage necessary for their success. He noted
there were many benefits to having car dealerships in the City and commended the
compatible architecture of this dealership. He urged that the Council approve the
appeal
(3) Jane Casanova, an employee of San Juan Lincoln/Mercury, stated that about 50% of
the customers who have visited the dealership to date, most of whom were local
residents and senior citizens, had complained about the difficulty they had in trying to
locate the dealership. She noted that customers traveling from outside of the City will
have even more difficulty in finding their location. She felt that the proposed sign
would be aesthetically pleasing and urged that Council approve the appeal.
(4) Richard Hill Adams, 33532 Valle Road, indicated he spoke with several residents who
agreed with the staff recommendation to deny the requested sign exception because
of its incompatibility with the City's unique character. He felt that sign visibility
would be insignificant for northbound traffic; that because the dealership is easily seen
from the southbound side of the freeway, motorists would eventually learn of its
location.
' There being no fiuther input, the hearing was declared closed with the right to reopen at any
time.
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412
Council Discussion:
Council Member Jones felt that the proposed sign would be similar in size to the existing
Barwick sign and would be attractive. He emphasized that the City needed to help its
businesses and urged that signage for car dealerships and other businesses located away from
the center of the City be addressed. Council Members Hart and Swerdlin concurred in their
support of the appeal.
Motion to Uphold Appeal of the Planning Commission's Action of August 29, 1995:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
appeal of the Planning Commission's action of August 29, 1995, be upheld. The motion was
carried by a 3-1-1 roll call vote, with Mayor Nash voting in opposition and Council Member
Campbell abstaining.
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Proposal:
Consideration of the annual application for Community Development Block Grant /HOME
funds to receive Federal Housing and Urban Development funding through the County of
Orange for the benefit of low- and moderate -income persons.
Written Communication:
Report dated October 17, 1995, from the Planning Director, forwarding the recommendations
of the Community Development Block Grant Citizen Participation Committee to apply for
a total grant of $510,000 for four separate programs.
Mechelle Lawrence, Associate Planner/Project Manager, made an oral presentation.
Council's Ouestions to Staff_;
Council Member Swerdlin inquired about the program considered by the Citizen Participation
Committee for a children's play area at the Capistrano Villas. Ms. Lawrence explained that
the $60,000 previously requested for this program was not funded because of limited available
funds and not because of the program's merits. Council Member Swerdlin suggested that this
program be included for consideration by the Committee for next year's application.
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 re -open at any time.
Approval of Year 22 CDBG/HOME Application:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted approving the Year 22 Application for CDBG/HOME
funding in the total amount of $510,000 for the following four programs:
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(1) Mobile Home Rehabilitation ................................ $200,000
I(2) HOME Program: Single -Family Rehabilitation Program ........... $200,000
(3) CDBG Public Services:
Community Services Scholarship Assistance Program ......... $ 10,000
(4) New Program: Rental Subsidy/Securement Program ............. $100,000
RESOLUTION NO. 95-10-17-2. APPROVING COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION FOR YEAR 22 - FISCAL
YEAR 1996-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR YEAR
22 (FISCAL YEAR 1996-1997) FOR FOUR SEPARATE PROGRAMS WITH
A TOTAL GRANT REQUEST OF $510,000.00, INCLUDING THE
PROPOSED EXPENDITURE OF PROGRAM INCOME ACCRUED IN YEAR
22.
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
4. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - PROPOSED PURCHASE AND SALE AGREEMENT FOR PROPERTY
LOCATED AT 31766 AND 31768 CAMINO CAPISTRANO- FORMERLY KNOWN
AS THE OO R • PARKING •T (SAN JUAN PARTNERS)(400,20)
Proposal:
Consideration of a proposal to sell the property located at 31766 and 31768 Camino
Capistrano, formerly the site and parking lot for the Moonrose and San Juan Antiques
businesses, to allow for the development of public parking and pedestrian access improvements
as part of the Historic Town Center development plan, Alternative 42.
Written Communication:
Report dated October 17, 1995, from Cassandra Walker, Community Development
Administrator, recommending that the sale of the subject properties to San Juan Partners be
approved based on the terms set forth in the Purchase and Sale Agreement. The Agreement
requires that the property be maintained in perpetuity as a public parking lot and access way
and provides that the Agency and San Juan Partners share equally in the costs to relocate the
Moonrose tenant, demolish the former Moonrose building, and construct the Phase 1 and 2
parking lot improvements. In addition, San Juan Partners would participate in the settlement
' of certain claims filed against the Agency/City by former tenants of the old EI Peon Complex
and release all claims filed against the Agency/City associated with the sale and remodeling of
City Council Minutes -9- 10/17/95
414
the El Peon Complex. The Agreement retains the Agency's option to purchase back the
property at Fair Market Value for a period of three years if the site is needed for the Historic
Town Center project. Pursuant to Redevelopment Law, a Reuse Analysis and Summary
Report was prepared, which determined the Fair Reuse Value for the site to be $111,000. The
developer's costs associated with the Agreement were consistent with the Fair Reuse Value.
Cassandra Walker, Community Development Administrator, 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:
Council Member Campbell felt that it was very important to maintain the property in perpetuity
as a parking lot and pedestrian access in accordance with the Historic Town Center Master
Plan. She emphasized that in order to address the needs of the downtown businesses, the
parking lot should not be designated for long-term parking.
Council Member Jones stated that he supported the staff recommendation, but noted that the
proposed Agreement would probably preclude the City from constructing the Ortega Highway
realignment.
Adoption of Resolution Approval the Sale of the Moonrose Property to San Juan
Partners:
It was moved by Council Member Hart, seconded by Council Member Jones, that the fallowing
Resolution be adopted:
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TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE PURCHASE AND SALE AGREEMENT
FOR CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO SAN JUAN
PARTNERS.
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 Executive Director of the Community Redevelopment Agency was authorized to conclude
' the sale.
RECESS AND RECONVENE
Council recessed at 8:12 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:13 p.m. as the City Council.
CITY MANAGER
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Written Communication:
Report dated October 17, 1995, from Cassandra Walker, Community Development
Administrator, recommending that the proposed Reimbursement Agreement with San Juan
Partners be approved to share in the cost of sidewalk improvements surrounding the former EI
Pe6n Complex, with two-thirds of the construction costs to be reimbursed by the City over a
three-year period.
Approval of Reimbursement Agreement with San Juan Partners for Sidewalk
Improvements:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried that the Reimbursement Agreement with San Juan Partners be approved
for sidewalk improvements on Camino Capistrano, Ortega Highway, and El Camino Real, at
a total cost of $55,620, two-thirds of which shall be reimbursed by the City to the developer
over a three-year period. The Mayor was authorized to execute the Agreement on behalf of
the City.
Written Communication:
Report dated October 17, 1995, from the City Manager, recommending that a new Alcohol and
Drug Abuse Policy be adopted and included in the City's Personnel Rules and Regulations. The
new policy more clearly defines the City's position regarding alcohol and drug abuse on the job
and establishes procedures for enforcement, testing, and assistance.
Mr. Scarborough indicated that all newly hired employees are required to acknowledge this
policy at the time of their employment.
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416
Adoption of New Alcohol and Drug Abuse Policy: _
It was moved by Counci! Member Campbell, seconded by Council Member Jones, and
unanimously carried that the new Alcohol and Drug Abuse Policy be adopted and included in
the City's Personnel Rules and Regulations.
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Written Communication:
Report dated October 17, 1995, from the Planning Director, advising that based upon Federal
Communications Commission regulations, the City's Municipal Code may be too restrictive in
its regulation of ham radio antennae. The report recommended initiation of the proposed
amendment to allow staff to research the Federal Communication Commission regulations and
prepare revised criteria that would accommodate local ham radio operators in accordance with
the FCC.
Public Comments:
(1) Alan Gallagher, 25871 Paseo de Juanita, stated he has been a licensed ham operator for
over twenty years. He indicated his willingness to work with City staff to address the
needs of ham operators and specifications for radio antennae as well as the City's
concerns with aesthetics. He noted that ham operators provide a valuable service to
communities in times of disaster.
(2) Arthur .Goddard, 2901 Palau Place, Costa Mesa 92626, spoke as an elected voluntary
representative on behalf of amateur radio operators in California and Arizona. He stated
he has worked with cities and radio operators to develop suitable antennae ordinances
that address concerns with views and aesthetics. He encouraged City staff to obtain
input from local amateur radio operators on technical issues in this matter.
(3) Larry Tucker, 25502 Charro Drive, stated that "free space" for antennae is very
important to radio operators to reduce interference. He noted that the City of Newport
Beach now permits 72 feet for radio antennae and indicated his willingness to work with
staff to develop solutions that will benefit both the City and the radio operators. He
advised that the operators have created a program called "Hobby of a Lifetime" to
introduce youth to amateur radio.
Adoption of Resolution Initiating Preparation of Municipal Land Code Amendment:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
City Council Minutes -12- 10/17/95
417
RESOLUTION NO, 95-10-17-4- INITIATING AMEND 4ENT TO TITLE 9 -
' HAM RADIO OR OTHEIz,4NTENNAE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING PREPARATION OF A LAND USE CODE AMENDMENT TO
TITLE 9, SECTION 9-3.609 OF THE MUNICIPAL CODE TO MODIFY THE
PROVISIONS FOR HAM RADIO OR OTHER ANTENNAE IN
ACCORDANCE WITH THE FEDERAL COMMUNICATIONS COMMISSION
REGULATIONS
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
City staff was encouraged to work with the amateur radio operators in town on solutions to
benefit both parties.
2. CONSULTANT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK
GRANT CONTRACT ADMINISTRATION (AFFORDABLE HOUSING
PROFESSIONALS) (600.30)
Written Communication:
Report dated October 17, 1995, from the Planning Director, recommending that the City
contract with Affordable Housing Professionals to develop and administer funded Community
Development Block Grant programs.
Approval of Contract for Administration of CDBG-Funded Programs:
It was moved by Council Member Hart, seconded by Council Member Jones, and unanimously
carried that the Agreement for Consulting Services with Affordable Housing Professionals be
approved for the development and administration of Community Development Block Grant
programs. The City Manager was authorized to execute the Agreement on behalf of the City.
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Written Communication:
' Report dated October 17, 1995, from the Engineering and Building Director, recommending
that the contract for the sidewalk improvements to the north side of San Juan Creek Road from
City Council Minutes -13- 10/17/95
53V
Camino Capistrano to Forster Canyon Road be awarded to the lowest responsible bidder,
Kennedy Pipeline, in the amount of $116,095.40. The Report also included a request to
transfer funds in the total amount of $60,000 to complete this project.
Council Member Campbell requested assurance that attractive landscaping be installed and
expressed concern that the bid had far exceeded the Engineer's estimate. Council Member
Jones emphasized the importance of this project to the senior citizens living in the area who
need safe access to the downtown area. Council Member Swerdlin inquired why only two bids
had been received. Mr. Huber explained that contractors seem to be busy at this time and that
prices appeared to be rising.
Award of Contract and Budget Amendment for Capital Improvement Project No. 121:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that:
(1) The contract for the sidewalk improvements to the north side of San Juan Creek Road
from Camino Capistrano to Forster Canyon Road be awarded to the lowest responsible
bidder, Kennedy Pipeline, in the amount of $116,095.40. All other bids were rejected.
The Mayor and City Clerk were authorized to execute the contract on behalf of the City;
and
(2) The Capital Improvement Budget be amended and the Director of Administrative
Services be authorized to transfer funds in the amount of $30,000 from the Camino Las
Ramblas Parkway Improvements at Via California and $30,000 from Measure M Reserve
funds to Capital Improvement Project #121.
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Written Communications:
(1) Report dated October 17, 1995, from the Engineering and Building Director,
recommending that all -way stop signs be installed at seven intersections along Calle
Arroyo and a "No Parking" zone be established on Calle Arroyo from Sundance Drive
to Paseo Duran in response to requests by residents. The Report noted that the
Transportation Commission forwarded a different recommendation to install only two
all -way stop signs at the intersections of Calle Arroyo with Via Solana and Via Estenaga,
in addition to the "No Parking" zone on Calle Arroyo proposed by staff.
(2) Memorandum dated October 16, 1995, from Engineering and Building Director,
proposing alternative locations for four all -way stop signs at Paseo Esteban, Via Solana,
Via Cordova, and Via Estenaga, which is consistent with two of the locations
recommended by the Transportation Commission.
City Council Minutes -14- 10/17/93
419
Mr. Huber made an oral presentation.
' Public Comments:
(1) Richard Yeomans, 27921 Calle Arroyo, submitted a petition with 39 signatures from
residents living off Calle Arroyo in support of the staff recommendation. He felt that the
most important issue to address was the speed of the cars; that the stop signs might
encourage people to use Ortega Highway as a faster route rather than Calle Arroyo. He
noted that the amount of traffic in the area has increased as a result of soccer games. He
advised that a group of residents living on Via Cordova had asked him to forward their
request for stop signs at the intersections of Via Cordova with Paseo Ventura and Calle
Raquel.
(2) Dennis Johnson, 31071 Paseo Valencia, spoke in support of the Traffic Commission
recommendation, stating his feeling that seven stop signs was overkill. He felt visibility
could be enhanced by parking restrictions. He suggested that the "no parking" restriction
be extended to Del Campo where the RV park is located and that a three-way stop sign
be considered on Del Campo.
(3) Richard Campbell, 27762 Paseo Esteban, spoke in support of the stop signs
recommended by staff, stating his opinion regarding the amount of "near -misses" in the
area and the children that have been hit riding bicycles because of a lack of access to the
bike trails and Ambuehl Elementary School. He felt that the additional 37 seconds it
' would take to travel the route was insignificant compared to the risks encountered by
residents in the area.
Council Comments:
Mayor Nash concurred with the recommendation made by the Transportation Commission for
two stop signs. She felt these two signs would slow traffic significantly and that staff could
evaluate their effectiveness. Council Member Hart expressed concern that stop signs not be
used as speed control, noting that traffic enforcement as a result of the stop signs can also be
used against the residents. He concurred with Mayor Nases recommendation. Mayor Nash
recommended that staff continue to work with the homeowners in the area regarding their
concerns and to evaluate the effectiveness of this project.
Sheldon Cohen, 31162 Casa Grande, indicated that he initiated staffs review of this situation
when he was a Traffic Commissioner because of the heavy use of the Cook Park ballfields,
noting that his initial concern was with the stop sign at Via Cordova and Calle Arroyo.
Adoption of Resolution Approving the Installation of Two All-Wav Stops at the
Intersections of Calle Arroyo with Via Estenaga and Via Solana:
It was moved by Mayor Nash, seconded by Council Member Hart, that the following
Resolution be adopted, with the modification to designate only the intersections of Calle
' Arroyo with Via Estenaga and Via Solana:
City Council Minutes -15- 10/17/95
420
RESOLUTION NO, 95-10-17-5. DESIGNATING ALL -WAY STOPS AT
INTERSECTIONS OF CALLS ARROYO AND VIA SOLANA and VIA
ESTENAGA- ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE
INTERSECTIONS OF CALLE ARROYO WITH VIA SOLANA AND VIA
ESTENAGA AS "ALL -WAY" STOPS
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 a "No Parking AWime" Zone on North Side of
Calle Arroyo:
It was moved by Mayor Nash, seconded by Council Member Hart, that the following
Resolution be adopted:
RESOLUTION NO, 95-10-17-6. ESTABLISHING "NO PARKING A_NYTIMEE.
ZONE - NORTH SIDE OF CALLE ARROYO - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING ANYTIME" ZONE ON THE
NORTH SIDE OF CALLE ARROYO FROM SUNDANCE DRIVE TO PASEO
DURAN
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
IF
I_V q 141.1
1 1
Written Communication:
Report dated October 17, 1995, from the Engineering and Building Director, recommending
that Alternative #3, a Palisades system for the short- and long-term repairs of San Juan Creek
east of the freeway, be approved at a cost of $536,000, pending approval for reimbursement
of costs by FEMA.
City Council Minutes -16-
10/17/95
421
Mr. Huber made an oral presentation. He advised that the issue of public notification had been
' brought up at last week's Mayor's meeting and staff subsequently recommended that this item
be continued to the next meeting so that the bike trail could be posted and a public notification
completed. He hoped to obtain funding from FEMA and move quickly on this item prior to
the rainy season.
Council Member Campbell urged that the project be completed as soon as possible before the
rainy season; Council Member Jones concurred. Mayor Nash stated that because the project
will be very visible for a long time and because many residents are concerned about
development in the creeks, it was important that the public be notified to be able to provide
their input to the Council.
Mr. Scarborough stated that the City was in the process of clearing out the brush from the
creek prior to the rainy season to better protect the City from flood damage. He noted that the
restoration project cannot be completed without funding from FEMA. Mr. Huber estimated
that the project could be completed within two weeks once funding is received.
Continuation of Item:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried that this item be continued to the meeting of November 7, 1995, to allow
for public notification and posting of bike trail.
Written Communication:
Report dated October 17, 1995, from the City Manager, forwarding a request by Mayor pro
tem Hart to appoint two Council Members to work with staff to develop recommendations for
the use and management of the Northwest Open Space property.
Appointment of Council Members:
It was a consensus of the Council that Council Members Jones and Hart be appointed to work
with staff to develop recommendations for the use and management of the Northwest Open
Space property.
•'� '•' • •)! I• :may
Council Member Jones noted his attendance this date at a restructuring seminar with
thirteen agencies to consider the feasibility of consolidating water and sewer districts.
He encouraged the City's participation in this matter.
City Council Minutes -17- 10/17/95
EWA
Council Member Swerdlin noted his attendance at a meeting this date with Fire Authority
Staff and County staff to discuss the Countywide Cost Allocation Plan, noting that the
Joint Powers Authority had recently been assessed $2.3 million in additional costs. He
stated that the Authority was negotiating with the County regarding the allocation and
suggested that the City contact Supervisor Bergeson to help negotiate a reduction in the
amount.
• - • - -�I RaW
Mayor Nash noted that the October meeting had been canceled and that the next meeting
was scheduled for November.
Council Member Campbell stated that the new dealership was parking cars on the dirt lot on
Valle Road, which resulted in dirt on the street and blocking of views of the building. She
suggested that the dealership be contacted to remedy the situation.
• 1► I 1/1 W"11041•
Council Member Campbell requested consideration of the need for a second meeting in
December.
Council Member Campbell noted there were already cracks in the cement at the new restrooms
at the Depot railroad platform and inquired what could be done to repair the situation.
Mr. Scarborough indicated he would investigate and report back to the Council.
• 1► 1 ull► L •I 11111ISI-- -• ; ►t• _ ul' • /_
• •1
Council Member Campbell noted the ways the Council has cut back on activities due to the
City's budget constraints. She expressed concern that this lack of attendance at events and
conferences such as the Annual League of California Cities Conference, could eventually have
a negative impact on the Council's functioning. She also noted that these cutbacks have
eliminated the informal social gatherings among the Council, Commissioners, and staff that are
important to improve working relationships.
City Council Minutes
In
10/17/95
423
5. COMMUNITY CENTER (210.301
' Council Member Campbell requested assurance from staff that all donations of time and money
to the community are acknowledged by the City.
BEEKSjurgl R1 L
Council Member Jones introduced Janice Palermo, who is a volunteer in charge of a program
at El Camino Real Park that teaches at -risk youth how to train dogs. He noted the success of
the program and the enthusiasm of the participants and encouraged that this type of effort be
publicized as a way to address certain problems in the City.
Council recessed to a Closed Session at 9:20 p.m. for:
1. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a),
for the case known as Hassett v. City of San Juan Capistrano;
2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 549569(a),
for the case known as Jose Vasquez v. City of San Juan Capistrano;
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. 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 reported on the following actions taken during Closed Session:
Item #2 — The Council instructed the City Attorney and the City Manager to continue discussing
the status of the City s Vending Ordinance and to approve the stipulation to continue the
hearing on the matter until the meeting of November 17, 1995.
Item #3 — With regard to the potential litigation, the Council authorized the litigation to be
commenced to recover damages to a traffic control box. Potential defendants are Daniel
Castorena, Joel Atkinson, and possible other parties related to the proper use of a vehicle
colliding with traffic signal control box.
City Council Minutes -19- 10/17/95
424
There was no action to report on Items 1 or 4.
V 1111WIdt3a
There being no further business before the Council, the meeting was adjourned at 11:15 p.m. to the
next regular meeting date of Tuesday, November 7, 1995, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOHNSON, ZITY CLERK
ATTEST:
WYATTIART, MAYOR PRO TEM
City Council Minutes -20- 10/17/95