93-0706_CC_Minutes_Regular MeetingJULY 6, 1993
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN C"ISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by
Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Council Member Vasquez.
ROLL f el r . PRESENT: Gil Jones, Mayor
Collene Campbell, Council Member
Gary L. Hausdorfer, Council Member
Carolyn Nash, Council Member
Jeff Vasquez, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K Denhalter, City Attorney; Cheryl Johnson,
City Clerk; Cynthia L. Pendleton, Interim Director of Administrative Services; William M. Huber, Director of
Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; Al King, Jr., Director of
Community Services; Ronald C. Sievers, Director of Public Lands and Facilities; Nancy Bernard', Recording
Secretary.
MOTION TO READ BY TITLE ONLY
' It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, and unanimously carried
that all Ordinances be read by title only.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYI
None.
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, 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, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES
a. Regular Meeting of June 1. 1993
The Minutes of the Regular Meeting of June 1, 1993, were approved as submitted. Council
Member Nash abstained due to her absence from the June 1 meeting.
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D020
b. AA&urned Regular Meeting of June 8. 1993
The Minutes of the Adjourned Regular Meeting of June 8, 1993, were approved as submitted.
Council Members Hausdorfer and Vasquez abstained due to their absence from the June 8
meeting.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES
a. Regular Meeting of June 1. 1993
The Minutes of the Regular Meeting of June 1, 1993, were approved as submitted. Director
Nash abstained due to her absence from the June 1 meeting.
b. Adjourned Regular Meeting of June 8. 1993
The Minutes of the Adjourned Regular Meeting of June 8, 1993, were approved as submitted.
Directors Hausdorfer and Vasquez abstained due to their absence from the June 8 meeting.
3. RECEIVE AND FILE WARRANTS OF JUNE 25. 1993 (300,30)
The List of Demands dated June 9, 1993, in the total amount of $96,057.80 and the List of Demands
dated June 25, 1993, in the total amount of $1,417,692.62 were received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MAY 1993 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month of May 1993 in the total amount of
$-397,433.46 was received and filed.
5. AWARD OF CONTRACT - SANITARY SEWER LINE MAINTENANCE (EMPIRE PIPE
CLEANING & EQUIPMENT. INC,) (600,30)
As set forth in the Report dated July 6, 1993, from the Director of Public Lands and Facilities, the two-
year contract for the sanitary maintenance of the City's sewer lines was awarded to Empire Pipe
Cleaning & Equipment, Inc., for S.11 per linear foot, not to exceed $22,000 per year, beginning July 8,
1993, through June 30, 1995, with a two-year renewal option. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
6. AWARD OF CONTRACT - MAINTENANCE OF CITY -OWNED TRAFFIC SIGNALS
(SIGNAL MAINTENANCE. INC.) (600,30)
As set forth in the Report dated July 6, 1993, from the Director of Engineering and Building, the one-
year contract for the maintenance of City -owned traffic signals was awarded to Signal Maintenance, Inc.
for the period ending June 30, 1994, with an option for two one-year extensions. All other bids were
rejected. Funds in the amount of $30,000 were budgeted for fiscal year 1993-94. The Mayor and City
Clerk were authorized to execute the contract on behalf of the City.
7. AWARD OF CONTRACT - TRAFFIC SIGNAL INTERCONNECT IMPROVEMENTS TO
DEL OBISPO STREET FROM ALIPAZ STREET TO PASEO MERCADO DE
CAPISTRANO (SIGNAL MAINTENANCE- INC) (CONTINUED FROM JUNE 15. 1993)
(600.30)
As set forth in the Report dated July 6, 1993, from the Director of Engineering and Building, the
contract for traffic signal interconnect improvements to Del Obispo Street from Alipaz Street to Paseo
City Council Minutes -2- 7/6/93
oo�
Mercado de Capistrano was awarded to the lowest responsible bidder, Signal Maintenance, Inc., in the
1 amount of $14,580. All other bids were rejected. The Mayor and City Clerk were authorized to execute
the contract on behalf of the City.
8. AWARD OF AGREEMENT FOR COMMUNITY SERVICES FALL CARNIVAL
(CARNIVAL TIMES) (600,30)
As set forth in the Report dated July 6, 1993, from the Director of Community Services, the Agreement
for Carnival Services to provide professional carnival services for the Community Services Department's
annual fall carnival, to be held November 4-8, 1993, was awarded to Carnival Time Shows, Inc. for a
two-year period ending June 30, 1995. All other bids were rejected. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City. The City will receive 20% of the gross ticket
sales and $50 for each game and food booth.
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11 1
As set forth in the Report dated July 6, 1993, from the City Clerk, staff was directed to revise
Administrative Policy No. 305 to require that audio tapes of all City Council and Planning Commission
meetings be retained for a period of four years.
10. RESOLUTION. ACCEPTANCE OF HIKING/EOUESTRIAN TRAIL EASEMENT DEED
AND LAND USE RESTRICTION. ARCHITECTURAL CONTROL 88-5 (CREEKSIDE
EQUESTRIAN CENTER/GATES) (CONTINUED FROM JUNE 15,1993) (600,30/670,50)
As set forth in the Report dated July 6, 1993, from the Director of Engineering and Building, the
following Resolution was adopted accepting the hiking and equestrian easement within the Creekside
Equestrian Center and approving the Land Use Restriction for the section of perimeter trail along the
most westerly property line between San Juan Creek and San Juan Creek Road:
RESOLUTION NO, 93-7-6-1. ACCEPTANCE OF HIKING /EOUESTRIAN TRAIL
EASEMENTS AND APPROVAL OF LAND USE RESTRICTION.
ARCHITECTURAL CONTROL 88-5 (CREEKSIDE EOUESTRIAN
CENTER/GATES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A
HIKING/EQUESTRIAN TRAIL EASEMENT DEED AND APPRO VING A LAND
USE RESTRICTION FOR ARCHITECTURAL CONTROL 88-5 (CREEKSIDE
EQUESTRIAN/GATES)
The Resolution authorized the City Manager to execute the Land Use Agreement and directed the City
Clerk to forward the Deed and the Agreement to the County Recorder.
As set forth in the Report dated July 6, 1993, from the Director of Engineering and Building, the
Completion Agreement between the City and Capital Financial Corporation, which was approved
following the Council's Closed Session on June 6, 1993, was ratified, allowing Capital Financial
Corporation to complete Tract 13846, Marbella Crest in two phases.
City Council Minutes -3- 7/6/93
D04'
12. DENIAL OF CLAIM - PERSONAL INJURY AND PROPERTY DAMAGE (NICHOLAS
WHALEN) (170.10)
The claim received by the City on June 1, 1993, from Martin Taller, attorney on behalf of Nicholas
Whalen, for an unspecified amount for personal injury and property damage, was denied, as set forth
in the Report dated July 6, 1993, from the City Attorney.
13. DENIAL OF CLAIM - WRONGFUL DEATH CLAIM UANELLE. CRIS. AND LORI
SARABIA)_(170,10)
The claim received by the City on June 22,1993, from John Roberts Boyd, attorney on behalf of Janelle,
Cris, and Lori Sarabia, in the amount of $250,000, for wrongful death, was denied, as set forth in the
Report dated July 6, 1993, from the City Attorney.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION ACTION OF MAY 11, 1993. REVOKING A
HOME OCCUPATION PERMIT FOR A WHOLESALE NURSERY ON PROPERTY
LOCATED AT 27401 ORTEGA HIGHWAY (STEVENS) (460.70)
Pro2gsZ:
Consideration of an appeal of the Planning Commission's action of May 11, 1993, which affirmed the
Zoning Administrator's revocation of a Home Occupation Permit for a wholesale nursery at 27401
Ortega Highway because of repeated violations of the permit's conditions. The appellants requested
that they be permitted to continue the nursery operation on a probationary basis while a General Plan
Study and Rezone application were conducted to study the potential impacts of commercial development
at this site. The amendment and rezone were initiated by the City Council in 1990 but never processed. —'
Appy/Procertv Owners:
Leroy and Barbara Stevens
27401 Ortega Highway
San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated July 6, 1993, from the Planning Director, summarizing the previous reviews and
approvals regarding the use of the property and the Code Enforcement history at the site since
the Home Occupation Permit was granted on November 12, 1991. In the Report staff
recommended approval of the appellants' request for probationary status by revoking the Home
Occupation Permit, then suspending the revocation subject to the approval of the Planning
Director, who would have the authority to enforce the revocation if violations occurred at the
site. Staff also recommended denial of the appellants' request for waiver of fees and suggested
additional conditions regarding access and directional signage.
(2) Letters dated July 6, 1993, from Emily Dozier, 27377 Ortega Highway, and Janise and Jennifer
Dozier, 27379 Ortega Highway, in opposition to any commercial zoning of the subject property.
C. J. Amstrup, Assistant Planner, cited the history relating to the home occupation permit and the
residents' concern with traffic and safety issues. The Director of Planning advised that the following
letters had been received after the agenda packets had been distributed: From the applicant,
withdrawing their request for waiver of application fees; from Barton Standorf, 31242 Via Parra, in
support of Mr. and Mrs. Stevens; and, from Joan Scarantino, 27441 Ortega Highway, requesting the item
be continued.
City Council Minutes -4- 7/6/93
Public Hearing:
' Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Barbara Stevens, appellant, requested that they be allowed to continue to operate their business
and modify the original conditions of the Home Occupation Permit, while still protecting the
interests of adjacent homeowners. The modified conditions included changing their hours of
operation to 8:00 a.m. to 5:00 p.m., and installing a "San Juan Gardens Wholesale" directional
sign. She agreed not to advertise retail sales; to use their P.O. Box as their address; and, to
use the westerly driveway for the entrance. She noted her intent to file an application for a
rezone and General Plan Study. She explained that they had been reluctant to pursue the
General Plan Study because it would be time consuming and costly and the neighbors were
concerned about potential uses for a commercially zoned district. She noted that only one
additional structure would be proposed for restrooms and storage of some products related to
the nursery use. She noted that they have averaged about six sales per day over the last 14
months. She felt that the nursery was very unique and was an asset to the community. A
rough plot plan showing the layout of the property, entries, and surrounding properties was
submitted. She requested that they be allowed to use the westerly driveway as their primary
entrance and keep the gates on the east side open to avoid traffic problems and stated that the
issue of ingress and egress needed close study.
(2) Tim Bolen, 31682-B EI Camino Real, spoke in favor of the nursery use, including retail sales,
because of the attractiveness and appropriate location of the nursery on a busy highway. He
felt the nursery was a big improvement of the property.
(3) Joan Scarantino, 27441 Ortega Highway, spoke in opposition to the commercial use of the
property because she felt its location created a serious traffic hazard and because of the
numerous violations of the Home Occupation Permit. She noted the findings of the original
Home Occupation Permit stated it not be construed by the applicant as a precedent in
establishing a de facto commercial zone. She requested that the decisions of the Zoning
Administrator and Planning Commission to revoke the permit be upheld. She noted her letter
to the Council dated July 5, 1993, requesting that this item be continued because of the
numerous agenda items scheduled for the July 6 meeting.
(4) Phyllis Hess, 27453 Ortega Highway, noted that the appellants have opened the gates at 7:30
a.m.; have advertised at the San Juan Market Place by handing out business cards with the
nursery's street address; and, had never abided by the conditions of the Permit.
(5) William Boucher, 27361 Ortega Highway, opposed the commercial use of the site and preferred
that it be developed small estate residential. He expressed concern that the appellants would
continue to ignore conditions placed on the nursery use.
(6) Claire Read, 27444 Ortega Highway, opposed any commercial use for this property, particularly
since the appellants continued to ignore conditions of their Home Occupation Permit and the
City appeared to be incapable of enforcement. She stated that at the Zoning Administrator's
hearing, the appellant indicated she would not comply with the conditions of the Home
Occupation Permit, but then agreed to most of the conditions at the Planning Commission
public hearing after the permit was revoked. She felt that the new conditions proposed by staff
were more lenient than the original conditions.
(7) Loreen Dawson Porter, 27371 Ortega Highway, stated her property borders two sides of the
' appellants' property and that the subject property had consisted mostly of weeds until the
nursery was developed. She noted that the property was difficult to develop because of its
City Council Minutes -5- 7/6/93
unique configuration and felt that the nursery's beauty has enhanced the neighborhood
aesthetically. She indicated she has experienced no traffic problems related to the nursery use
over the last 14 months and noted the successful combination of nursery and residential
neighborhood with the Ito Nursery in the Los Rios District. Although she favored the nursery
use, she expressed concern with setting a precedent for commercial uses on the property that
could negatively impact the residential neighborhood. She indicated her willingness to work
with the appellants to address issues of concern to the neighborhood.
(8) Jim Dozier, 27379 Ortega Highway, concurred with the comments made by Mrs. Porter and
with the staff recommendation. He felt the issue was not the present use, but the potential for
commercial zoning of the property, and felt traffic was a problem. He suggested that the
easterly gates be left open. He also expressed concern that a more commercial use would
invite more business and create more problems for the neighborhood.
(9) Rick Bauer, 260 Avenida Vista Montana, San Clemente, noted that he was a teacher at St
Margaret's School, which is located across from the nursery. He spoke in favor of retaining the
nursery use because of its attractiveness and felt that the owners should be able to operate their
business their own way within the City's guidelines.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Council Member Hausdorfer inquired what the applicants needed to do in order to clarify the land use
for their property. Mr. Tomlinson explained that a General Plan Amendment and a rezone were
necessary to proceed with a Special Study. The Special Study would address any type of commercial
activity on that property to maintain the aesthetics of the area. He noted that this particular piece of
property does not fit with the definitions within the area's General Plan designation and zoning. Council
Member Hausdorfer stated that the appellants were unable to comply with conditions of the Home
Occupancy Permit because the use was permitted under the wrong designation. He felt that a Home
Occupancy Permit would not resolve the issues with this property in the long term. He felt very strongly
that the nursery use was a more appropriate use for the property than the development of seven homes,
which would create more ingress and egress problems. He felt that discouraging the appellants' efforts
to beautify the property would be a disservice to the community. He recommended that the appellants
be allowed to continue the nursery use, both wholesale and retail, while staff and the appellants worked
together to determine the proper zoning for the property as a nursery use, and not a general commercial
use. He suggested that ingress and egress issues also be addressed and that the east gates remain open
during this period. He requested that staff minimize the planning process for this study as much as
possible, perhaps without a General Plan Amendment, and reduce the fees for the appellants.
Council Member Vasquez concurred but advised that continuation of the use should not give future
buyers an indication for any general commercial use of the property other than the nursery use. Council
Member Campbell felt that the General Plan designation should be restricted so that the property
remains as a nursery use.
Council Member Nash concurred with maintaining the nursery on the site; however, she felt that
approval to continue retail sales at the property should be delayed until the evaluation of the property
was completed and the traffic impacts from a retail use addressed. Council Member Hausdorfer
clarified his intent to allow the nursery use to continue as it is currently operating on an interim basis
to allow the issues to be resolved on a practical basis. Mayor Jones noted that he fives adjacent to Ito
Nursery and felt that the use was very compatible with the residential neighborhood because of the
ambience and character a nursery creates.
City Council Minutes -6- 7/6/93
007
Adoption of Resolution Uphol ' g Appeal and Reversing Planning Commission Decision:
' It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
continuing use as a nursery be allowed, both wholesale and retail, while staff and the appellants worked
together to determine the proper zoning for the property as a nursery use, and not a general commercial
use; that issues such as hours of operation and ingress and egress be addressed and the study be
specifically designated to address the issue of a nursery and not a general commercial use on the
property; that the east gates remain open during this period; that staff minimize the planning process
and fees as much as possible; that the applicant's request for a change in land use be processed; and,
that the following resolution be adopted:
RESOLUTION NO, 93-7-6-2 UPHOLDING APPEAL AND REVERSING
PLANNING COMMISSION DECISION - HOME OCCUPATION PERMIT AT
27401 ORTEGA HIGHWAY (STEVENS) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
UPHOLDING APPEALAND REVERSING THE DECISION OF THE PLANNING
COMMISSION TO REVOKE A HOME OCCUPATION PERMIT FOR A
WHOLESALE NURSERY LOCATED AT 27401 ORTEGA HIGHWAY
(STEVENS)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
' 2. REQUEST FOR A 12 -MONTH TIME EXTENSION FOR APPROVAL OF VESTING
TENTATIVE TRACT MAP 14181 LOCATED EAST OF RANCHO VIEJO ROAD AND
NORTH OF GOLF DRIVE (MARBELLA DEVELOPMENT COMPANY) (420.40)
Proposal
Consideration of a request for a one-year time extension to May 21, 1994, of the previously approved
Vesting Tentative Tract Map 14181 for the Marbella Planned Community, a 14.1 -acre site which
includes a 44 -lot residential tract and an adjacent commercial office site.
ADplicant/Procerty Owner:
Mr. Michael Knapp
Marbelta Development Company
P.O. Boz 1860
San Juan Capistrano, CA 92675
Written Communication:
Report dated July 6, 1993, from the Planning Director, recommending that the one-year time extension
be granted based on findings of consistency with the General Plan.
Public Hearing
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving One -Year Time Extension for Vesting Tentative Tract Map 14181:
' It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, that the
following Resolution be adopted:
City Council Minutes -7- 7/6/93
0084'
RESOLUTION NO, 93-7-6-3. APPROVING ONE-YEAR EXTENSION OF TIME
FOR VESTING TENTATIVETRACT MAP 14181(MARBELLADEVELOPMENT
COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING A
ONE-YEAR TIME EXTENSION ON THE APPROVAL OF VESTING
TENTATIVE TRACT MAP 14181, LOCATED AT THE WESTERN PERIMETER
OF THE MARBELLA PLANNED COMMUNITY, EAST OF RANCHO VIEJO
ROAD, AND NORTH OF GOLF CLUB DRIVE (MARBELLA DEVELOPMENT
COMPANY)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
3. REQUEST FOR APPROVAL OF REZONE 93.1 TO INCLUDE CHILD DAY
CARE/PRESCHOOLS WITH A CONDITIONAL USE PERMIT IN THE
NEIGHBORHOOD COMMERCIAL DISTRICT AND APPROVAL OF FLOOD PLAIN
LAND USE PERMIT 93-1 TO ALLOW FENCING AND PLAY EQUIPMENT IN THE 100 -
YEAR FLOOD PLAIN (MARBELLA PLAZA PARTNERS/WONDER YEARS
PRESCHOOL) (460.20/420.301
Propoal
Consideration of a request to amend Comprehensive Development Plan (CDP) 86-4 to include child —
day care/preschools with a Conditional Use Permit in the Neighborhood Commercial District, and
consideration of Flood Plain Land Use Permit 93-1 to allow fencing and play equipment within the 100 -
year flood plan adjacent to Building F and EI Horno Creek at Marbella Plaza.
PrgMrrV Owner:
Marbella Plaza Partners
101 California Street
San Francisco, CA 94111
AonGcants:
John and Georgie Tiernan
30631 Hunt Club Drive
San Juan Capistrano, CA 92675
Written Communication:
Report dated July 6, 1993, from the Planning Director, summarizing the concerns expressed and the
conditions recommended by the Planning Commission at its meeting of June 8, 1993. In the Report
staff recommended that the Rezone and Flood Plain Land Use Permit be approved, subject to
conditions regarding improvements within the 100 -year flood plain and safety of children in the event
of storms.
Mary Raskin, Assistant Planner, made an oral presentation. She noted the late submission of the
following: 1) Planning Commission Minutes of June 8, 1993, which included the Commission's
conditions of approval for Conditional Use Permit 93-1, 2) letter from the applicants explaining their
request, and 3) a petition signed by tenants of Marbella Plaza in support of the project.
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
City Council Minutes -8- 7/6/93
(1) Georgie Tiernan, applicant, spoke regarding her desire to provide more quality and affordable
' child care and a preschool in the community in a convenient location. She noted that the
combination of her existing preschool located on Alipaz Street and Stoneybrook preschool only
accommodates 85 children and that the new facility could accommodate more children. She
noted that the landlord of Marbella Plaza was willing to work with her to help make the project
more affordable.
(2) Stephanie Grani, 28542 Paseo Diana, a tenant of Marbella Plaza, spoke in support of the
project because of the need for affordable child care in the community and the excellent
reputation of Ms. Tiernan. She stated that the circulation was excellent at Marbella Plaza and
felt that the facility would enhance the center and the community.
(3) William Morrison, 31103 Rancho Viejo Road, a tenant of Marbella Plaza, spoke in support of
the project.
(4) Paul A. Bromowitz, 259 Lake Forest Boulevard, a tenant of Marbella Plaza, spoke in support
of the project.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Introduction of Ordinance ARprovinQ Rezone 93-1:
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 Campbell, seconded by Council
Member Vasquez, that the following Ordinance be introduced:
VING REZONE 93-1 (MARBELLA PLAZA PARTNERS) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE MARBELLA COMPREHENSIVE DEVELOPMENT PLAN BY
APPROVING THE INCLUSION OF CHILD DAY CARE/PRESCHOOL USES
WITH A CONDITIONAL USE PERMIT IN THE NEIGHBORHOOD
COMMERCIAL DISTRICT OF COMPREHENSIVE DEVELOPMENT PLAN 86-4
(MARBELLA PLAZA PARTNERS/WONDER YEARS PRESCHOOL)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Adootion of Resolution Approving Flood Plain Land Use Permit 93-1:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 93-7-6-4, CONDITIONALLY APPROVING FLOOD PLAIN
LAND USE PERMIT 93-1 (MARBELLA PLAZA PARTNERS/WONDER YEARS
PRESCHOOL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
FLOOD PLAIN LAND USE PERMIT 93-1 TO ALLOW FENCING AND PLAY
EQUIPMENT IN THE 100 -YEAR FLOOD PLAIN ADJACENT TO BUILDING
' F AND EL HORNO CREEK AT MARBELLA PLAZA (MARBELLA PLAZA
PARTNERS/WONDER YEARS PRESCHOOL)
City Council Minutes -9- 7/6/93
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The following item, which was not a public hearing, was considered out of order from the agenda as part of the
preceding related item.
ADMINUIRATIVE ITEMS
1. REQUEST FOR LICENSE AGREEMENT FOR PLACEMENT OF PLAYGROUND AND
RELATED EQUIPMENT IN HORNO CREEK CONDITIONAL USE PERMIT 93-1
fMARBELLA PLAZA PARTNERS/WONDER YEARS PRESCHOOL, 31103-31113
RANCHO VIEJO ROAD) (600,30)
Written Communication:
Report dated July 6, 1993, from the Director of Engineering and Building, recommending that a License
Agreement be approved between Marbella Plaza Partners and the City allowing the placement of
playground and fencing within the 100 -year flood plain and City drainage easement of Homo Creek
adjacent to Building F. The License Agreement included a comprehensive indemnification section that
protects the City against any and all problems created downstream by any of the play equipment, fences,
and related structures placed within the 100 -year flood plain and drainage easement.
Approval of License Agreement between City and Marbella Plaza Partners:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that the License Agreement between the City and Marbella Plaza Partners be
approved allowing the placement of playground and fencing within the 100 -year flood plain and City
drainage easement of Horno Creek adjacent to Building F. The Mayor and the City Clerk were
authorized to execute the Agreement, and the City Clerk was directed to forward the Agreement to the
County Recorder.
PUBLIC HEARINGS (continued)
The following Public Hearings were conducted jointly with the Community Redevelopment Agency.
4. JOINT PUBLIC HEARING - CONSIDERATION OF PROPOSED AMENDMENT TO LEASE
AGREEMENT FOR VAQUERO WEST MERCANTILE LOCATED AT 26755 VERDUGO
STREET (600.40)
Mayor Jones indicated he had a potential conflict of interest in this matter because of the proximity of his
residence to the subject property, and Mayor pro tem Campbell presided.
Propyl:
Consideration of an amendment to the lease agreement between the Community Redevelopment Agency
and Vaquero West Mercantile which would defer the start of lease payments to the CRA to August 1,
1993.
City Council Minutes -10- 7/6/93
01ir
Applicant
' Vaquero West Mercantile
26755 Verdugo Street
San Juan Capistrano, CA 92675
Written Communication:
Report dated July 6, 1993, from the Interim Director of Administrative Services, recommending that the
Lease Agreement between the CRA and Vaquero West Mercantile be amended to delay the receipt of
lease payments to the CRA to accommodate the unanticipated eight-month delay in the opening of the
business.
Ms. Pendleton made an oral presentation.
Public Hearin¢:
Notice having been given as required by law, Mayor pro tem Campbell 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 Lease Amendment with Vaquero West Mercantile:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO, 93-7-6-5. APPROVING A LEASE AMENDMENT WITH
VAQUERO WEST MERCANTILE. 26755 VERDUGO STREET, SAN JUAN
CAPISTRANO. CALIFORNIA - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
LEASE OF CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO
' CENTRAL REDEVELOPMENT PROJECT AREA TO VAQUERO WEST
MERCANTILE AND APPROVING THE LEASE AMENDMENT PERTAINING
THERETO
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, and Vasquez
NOES: None
ABSTAIN: Mayor Jones
ABSENT: None
Lease payments shall begin August 1, 1993, at $1,295 per month, then increase on February 1, 1994, to
$4,265 per month, with the last increase on February 1, 1995, to $4,665 per month. The total estimated
rent to be paid to the Agency during the initial 10 -year period is $460,140.
Mayor Jones resumed his duties.
5. JOINT PUBLIC HEARING - REVIEW OF THE CAPITAL IMPROVEMENT BUDGET FOR THE
SEVEN YEARS BEGINNING JULY 1. 1993, AND ENDING JUNE 30. 2000 (330.40)
Proposal:
Consideration of the Capital Improvement Program for the seven-year period beginning July 1, 1993,
and ending June 30, 2000. The intent of the seven-year program is to provide consistency with the
requirements of the State Congestion Management Program and the County's Measure M Program.
City Council Minutes -11- 7/6/93
012
Written Communication
Report dated July 6, 1993, from the Director of Engineering and Building, forwarding the seven-year _
Capital Improvement Program (CIP) as submitted, reviewed, and prioritized by the CIP Committee.
The Report included comments and recommendations forwarded by the Planning Commission, Traffic
and Transportation Commission, Parks and Recreation Commission, and Recreation and Equestrian
Trails Commission.
Mr. Huber made an oral presentation, noting that the total budget over the seven years was
approximately $20.9 million; of that the Agency portion was approximately $1.1 million. The estimated
budget for 1993-94 was $7.2 million in City projects and $219,000 in Agency projects. He reviewed the
1993-94 highlights, including the continued design of the railroad realignment project, the multi -modal
parking structure, the railroad platform, library parking lot, basketball court lighting, Kinoshita sports
field project, Little Hollywood Housing rehabilitation, and various sewer and drainage projects. He
noted the Planning Commission had found the proposed capital improvement program to be consistent
with the General Plan, but had commented regarding the number of projects and amount of funds
proposed for the Los Rios District and the Little Hollywood area, proposed installation of street lights
for Country Hills Road, and purchase of new banner poles. He further advised that the amount
budgeted for the Multi -Modal Parking Deck under Circulation Improvements for 199495 should be
corrected to $1,091500.
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) George Gajdos, 31391 Via Las Palmas, requested that the $20,000 budgeted for 199495 for
Lacouague Park be funded in 1993-94. He noted that since the previous budget hearings, he
has received checks totaling more than $6,000 and pledges from residents to fund the balance
of $30,000 for the project. He stated that some residents were waiting for the City to take a
position in this matter. He noted a recent article in the Metro section of the Orange County
Register regarding do-it-yourself parks and felt that this project should take precedence over the
Library's parking lot.
(2) Pamela Murray, 31422 Corte Azul, requested that the $20,000 budgeted for Lacouague Park
be funded in 1993-94. She noted that the park would be passive and would include a tot lot and
a workout trail. She noted that the president of Warmiugton Homes expressed an interest in
making a significant financial contribution toward the park but is waiting to learn of the City's
position in this matter.
(3) Nancy Tall, 28522 Via Primavera, spoke in favor of the City's funding for Lacouague Park in
the 1993-94 fiscal year. She also expressed appreciation to the City for the installation of a stop
sign at Camino Lacouague and San Juan Creek Road.
(4) Dave Tall, 28522 Via Primavera, spoke in favor of the City's funding for Lacouague Park in the
1993-94 fiscal year and cited the residents' willingness to work with City staff in getting the park
implemented as soon as possible.
(5) Pauline Doleshal, 29716 Woodley Court, requested that the $28,000 budgeted for 1997-98 for
the Village Road Stamped Concrete project be funded in 1993-94 instead. She submitted a
map of homes in the area that are affected by this project, a petition dated July 6, 1993, signed
by 44 residents in the area in support of this project, and a letter dated July 6, 1993, from
Thomas H. Cannon of Associated Realtors regarding the impact of noise on property sales in
the area. She played a tape of the noise from the road.
City Council Minutes -12- 7/6/93
013
(6) Chris Cotter, 27802 Horseshoe Bend, requested that the Golden Ridge Drainage project be
' completed before the next rainy season and that staff investigate and repair damage to his
property. He summarized the history of drainage problems and slope failures that have
occurred on his property since the grading of the Hunt Club II project. He submitted a copy
of his comments, including related letters from his attorney and other documentation, and noted
that he has met with City staff regarding the City's responsibility in this matter.
Mr. Huber stated that the drainage issue is the City's responsibility, however, the responsibility
for the slope failures has yet to be determined. He noted that $48,000 was budgeted to install
the storm drain only, and $5,000 was needed for the investigation of the slope failures.
(7) Lon Stevens, 27792 Horseshoe Bend, noted that water also runs across his property and
concurred with the comments made by Mr. Cotter regarding the Golden Ridge Drainage
project.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Council Member Hausdorfer felt that the Golden Ridge Drainage project needed to be included in the
1993-94 budget and that City staff should investigate the reason for the slope failures. He recommended
that staff work with representatives of the Lacouague Park and Village Road Stamped Concrete projects
to provide recommendations regarding possible funding for these projects earlier than currently
budgeted. Mayor Jones concurred and suggested that another project be given a lower priority to be
able to fund the Village San Juan Stamped Concrete project earlier. Council Member Campbell urged
that the Golden Ridge Drainage project be completed immediately. Council Member Vasquez felt that
the $20,000 for the City's funding of Lacouague Park should be made available in the 1993-94 fiscal year
because of the need for passive parks in the community. Council Member Nash agreed that Lacouague
Park should be funded as soon as possible and concurred with the statements made on the other two
items.
Adoption of Resolution Approving the 1993-2000 Capital Improvement Program for the Citv
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO.93-7-6-6. ADOPTING 1993-20M CAPITAL IMPROVEMENT
PROGRAM AND AUTHORIZING EXPENDITURES -A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES
RELATED TO THE 1993-2000 SEVEN-YEAR CAPITAL IMPROVEMENT
PROGRAM
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Staff was directed to:
' (1) Include funding for the Golden Ridge Drainage project in the 1993-94 fiscal year and to
complete the project before the next rainy season.
City Council Minutes -0- 7/6/93
(2) Investigate the slope damage at the Cotter property.
(3) Work with representatives of Village San Juan regarding the Stamped Concrete project and
residents regarding the Lacouague Park project to provide recommendations to the Council
regarding possible funding alternatives to complete these projects earlier than currently
budgeted.
6. JOINT PUBLIC HEARING - ADOPTION OF THE FISCAL BUDGET FOR THE FIVE YEARS
BEGINNING JULY 1. 1993, AND ENDING JUNE 30. 1998 (CONTINUED FROM JUNE 15.19931
(330.20)
Pr :
Consideration of a proposed balanced budget for fiscal years 1993-94 through 1997-98 for adoption. The
Public Hearing was continued from the hearings of June 8 and June 15, 1993.
Written Communication:
Report dated July 6, 1993, from the City Manager, forwarding the proposed five-year balanced budget
for adoption by the Council. The Report noted that no General Fund reserves were proposed to be
used in fiscal year 1993-94.
Mr. Scarborough provided a brief overview of the budget. Ms. Pendleton noted that staff was awaiting
the State's decision regarding the allocation of sales tax revenues to cities.
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones 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 Operating Budget for Fiscal Years 1993-94 through 1997-98:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 93-7-6-7. ADOPTION OF FISCAL BUDGET. 1993-98 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A FIVE-YEAR FISCAL PROGRAM
AND OPERATING BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Council recessed at 9:15 p.m. and reconvened at 9:25 p.m, to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 9:35 p.m.
City Council Minutes -14- 7/6/93
015
PROCESSINGCITY
1. APPROVAL OF CONTRACT - .NG CITATIONS =DICIAL . .TAI
(600,30)
Written Communication:
Report dated July 6, 1993, from Lt. Dan Martini of the San Juan Capistrano Police Services,
recommending that the City contract with Judicial Data for the processing of all parking citations
generated in the City, which would increase the amount the City s receives from each citation by 100%.
Consideration of the Contract was the result of Assembly Bill 408, effective July 1, 1993, which
decriminalized all parking violations and removed them from the criminal court process; and, transferred
responsibility for citation processing, citation review, and collection of fines from the courts to individual
Cities.
Id. Martini made an oral presentation.
Council Member Campbell inquired how much revenue the City currently receives from the issuance
of citations. Ms. Pendleton advised that the City received approximately $45,000 in revenue from
parking fines issued in the 1992-93 fiscal year, and $90,000 was projected for the 1993-94 fiscal year.
Approval of Contract between the City and Judicial Data:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that:
' (1) The Agreement between the City and Judicial Data Systems Corporation be approved for the
processing of all parking citations generated in the City, effective July 6, 1993.
(2) Judicial Data seek, through the citation processing, the collection of appropriate fines and
revenue returns to the City.
(3) The purchase of one hand-held ticket writing unit be approved in the amount of $3,100.
DIRECTOR OF ADItIINLSTRATIVE SERVICES
1. APPROVAL OF FIVE-YEAR CONTRACT FOR AUDIT SERVICES (DIEHL. EVANS &
COMPANYI (60.0,30)
Written Communication:
Report dated July 6, 1993, from the Interim Director of Administrative Services, recommending that the
City rotate auditors every five years and summarizing the proposals received from five firms that met
the criteria outlined in the Report. Staff recommended that the firm of Diehl, Evans & Company be
retained to conduct the annual audits of the City for a five-year period.
Ms. Pendleton made an oral presentation.
Council Member Vasquez inquired about the term of the contract and was advised that the 5 -year term
allows a period for orientation of the new auditors to the City's system, after which more time would
then be spent by the auditors in evaluating the City's system and providing input. Ms. Pendleton noted
that a five-year contract is considered standard in the industry. Council Member Vasquez suggested that
' a three-year contract with a two-year renewal option be considered in order to create opportunities for
the less experienced firms. Council Member Hausdorfer concurred with the contract revision in order
City Council Minutes -15- 7/6/93
016
to review the auditors' performance sooner than five years, noting the problems encountered by the
Cities of Newport Beach and Orange.
Approval of Agreement with Diehl. Evans & Compau for Annual Auditing Services:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the Agreement for Annual Audit Services be approved between the Community
Redevelopment Agency and Diehl, Evans & Company, as amended, for a three-year period (fiscal years
1992-93 through 199495), with a two-year renewal option; and, that a policy be adopted requiring the
mandatory rotation of the City s independent auditors every five years. The Mayor and City Clerk were
authorized to execute the Agreement.
2. ACCEPTANCE OF 1991-92 AUDIT AND COMPREHENSIVE ANNUAL FINANCIAL
REPORT (CAFR) (310.30)
Written Communication:
Report dated July 6, 1993, from the Interim Director of Administrative Services, forwarding the
Comprehensive Annual Financial Report for the period ending June 30, 1992, for acceptance.
Acceptance of 1991-92 Audit and Financial Report and Approval of All Final Revenues and
Expenditures•
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that:
(1) The Comprehensive Annual Financial Report for the period ending June 30, 1992, and the
examination by the City's independent auditors, Moreland and Associates, be accepted; and
(2) All final revenues and expenditures be approved as presented in the 1991-92 Comprehensive
Annual Financial Report.
3. CONSIDERATION OF URGENCY ORDINANCE AMENDING CHAPTER 1 OF TITLE
3 AND ADDING CHAPTER 24 TO TITLE 5 OF THE MUNICIPAL CODE -
REGULATION OF MASSAGE LICENSING (390.60)
Written Communication:
Report dated July 6, 1993, from the Interim Director of Administrative Services, forwarding a
recommendation by Police Services for the City to adopt an Urgency Ordinance amending its business
license regulations to regulate and govern the issuance of business licenses to massage establishments.
Mayor Jones inquired about the appropriateness of a Conditional Use Permit to regulate this type of
business and Mr. Scarborough stated that a report would be provided to the Council at a future meeting.
Adoption of Urgency Ordinance Regulating Massage Licensing
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 Campbell, seconded by Council
Member Vasquez, that the following Urgency Ordinance be adopted:
ORDINANCE NO, 732, AMENDING TITLE 3. CHAPTER 1 AND ADDING
TITLE 5. CHAPTER 24 OF THE MUNICIPAL CODE - REGULATION OF
MASSAGE LICENSING (URGENCY) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 3, CHAPTER 1
AND ADDING TITLE 5, CHAPTER 24 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO MASSAGE LICENSING (URGENCY)
City Council Minutes -16- 7/6/93
01
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
' NOES: None
ABSENT: None
1. LOCAL IMPLEMENTATION OPTIONS FOR THE 1991 AIR OUALW(MANAGEMENT
PLAN (530.50)
Written Communication:
Report dated July 6, 1993, from the Planning Director, providing a staff analysis of issues relating to air
quality planning and recommending that the City pursue the implementation of certain local
transportation control measures that are consistent with the provisions of the 1991 Air Quality
Management Plan, such as transportation demand management, mixed land use, and parking
restrictions/fees for commuter parking lots to encourage rideshare activities.
Mr. Tomlinson made an oral presentation.
Council Member Hausdorfer noted the letter dated May 11, 1993, from Supervisor Vasquez to Mayor
Tom Daly of Anaheim, regarding recommendations on Orange County's efforts to address
transportation control measures in the 1991 South Coast Air Quality Manager Plan, which was designed
to bring the South Coast Air Basin into compliance with federal and state air quality standards. He
stated that the Regional Advisory and Planning Council's position that further examination should be
focused on market-based incentives and new technologies as a more efficient and effective means to
improve air quality, made more sense than forcing people to ride share. He cited concerns that this was
a far-reaching piece of legislation wrongly placed on local governments by the Air Quality Management
District, a non -elected body, to enforce standards adopted by the federal government that may or may
not have any relevancy to a local community. He suggested that the City s compliance efforts should
be at the minimum level and the City should be the voice of concern in this area. He further advised
that the regulations were so stringent that they could take a voter -approved item such as Measure M
and invalidate portions of it that allowed for the widening of freeways. Mr. Tomlinson advised that the
City has specifically taken the position of doing no more than the minimum necessary; that staff would
go no further than Regulation 15 since working with small cities was different. Council Members
Hausdorfer and Vasquez concurred there needed to be a balance between the air quality and the effects
of regulations on the economy and small businesses.
Direction to Staff to Pursue Imolementation of Transportation Control Measures:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that staff be directed to pursue the implementation of local transportation control
measures related to transportation demand management, mixed land use, and parking restrictions/fees
for commuter parking lots to encourage rideshare activities; and with assistance from Council Member
Hausdorfer, to draft letters to the Regional Advisory Planning Council, the County and Representative
Ron Packard identifying the City's concerns in this matter.
ilyk�YYLi ` • _ its ►� • _a_'lk • , _
Written Communication:
Report dated July 6, 1993, from the Planning Director, recommending that the Council initiate the
amendment process to allow staff to prepare specific language for amending the Municipal Code that
City Council Minutes -17- 7/6/93
pis
would streamline the development review process relating to Minor Discretionary Approvals and Minor
Development Review Applications.
Council Member Vasquez felt that the Planning Director should be given more discretionary authority
in reviewing development applications to reduce the processing time and costs, with informational
reports to be provided to the Council.
Adoption of Resolution Initiating Code Amendment Process - Development Review Procedures:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following
Resolution be adopted:
RESOLUTION NO, 93-7-6-8. INITIATION OF AMENDMENTS TO TITLE 9.
CHAPTER 2. ARTICLE 3 OF THE MUNICIPAL CODE - LAND USE AND
DEVELOPMENT REVIEW PROCEDURES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING THE PREPARATION OF DRAFT AMENDMENTS TO THE
MUNICIPAL CODE - LAND USE AND DEVELOPMENT REVIEW
PROCEDURES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
On/1t4 • ' • �_� • • • hl ' • •
Written Communication:
Report dated July 6, 1993, from the Planning Director, forwarding a request by Jerry Harris on behalf
of the Rancho Days Committee for an exemption from the moratorium on special events, which was
adopted by the Council on September 1, 1992, to allow a team roping clinic, rodeo, and dance as part
of the annual Rancho Days activities to be held August 22-29, 1993. The Report recommended granting
the exemption, subject to approval of a Special Activities Permit.
Adoption of Resolution Granting an Exemption from Moratorium:
It was moved by Council Member Campbell, seconded by Council Member Vasquez, that the following
Resolution be adopted:
RESOLUTION NO. 93-7-&9. GRANTING AN EXEMPTION TO MORAT- RRIILM—
(RANCHO DAYS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING AN EXEMPTION
FROM THE MORATORIUM TO ALLOW A TEAM ROPING CLINIC, RODEO,
AND DANCE AS PART OF THE RANCHO DAYS ACTIVITIES, SUBJECT' TO
APPROVAL OF A SPECIAL ACTIVITIES PERMIT
City Council Minutes -18- 7/6/93
fl
DIF
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. STATUS REPORT, OPEN SPACE MASTER PLAN IMPLEMENTATION - KINOSHITA
FARM, PHASE I (530.40) (210.30 $ 920.30)
Written Communication:
Report dated July 6, 1993, from the Director of Engineering and Building, providing a progress report
on the past month's activities with regard to the implementation of the Kinoshita Farm Sports Park,
Phase I.
Sharon Heider, Open Space Project Manager, made an oral presentation, noting that issues involving
the traffic and circulation at Marco Forster Junior High School and the undergrounding of overhead
utilities on Del Avion were currently being addressed and that Phase I of the project was still on
schedule.
Council Member Nash inquired how the consultants had been selected to perform some of the work.
Ms. Heider stated that some of the planning process had been streamlined in order to expedite the
Open Space Master Plan; e.g. coordination by staff of the majority of the Request for Proposal process.
The selection of consultants had been within the City's purchasing guidelines; that five bids had been
obtained and all five had been interviewed. She advised that in most cases the lowest bid was accepted,
with the exception of the irrigation plans since the same firm will prepare both the irrigation work and
landscaping plans to ensure coordination of effort. Council Member Nash suggested that staff provide
more reports to Council in their slots to keep them informed on a more regular basis.
Motion to Receive and File Repgrt:
It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, and unanimously
carried that the Report be received and filed.
APPROVAL3. OF •P SIGNS - LOS RIOS• •
►ITA BARBARA (590.50
Written Communication:
Report dated July 6, 1993, from the Director of Engineering and Building, recommending that stop signs
be installed on Via Barcelona at Los Rios Street and on Calle Santa Barbara and Los Rios Street, as
requested by the Capistrano Villas III Homeowners Association. The Report noted that the stop sign
requests do not meet technical warrants and were denied by the Traffic and Transportation Commission;
however, staff recommended that the signs be installed to provide intersection control and support the
interests of the Neighborhood Preservation Program.
Approval of Stoo Sign Installations:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the installation of stop signs be authorized on Via Barcelona at Los Rios Street (one-way
stop) and on Calle Santa Barbara and Los Rios Street (three-way stop).
City Council Minutes -19- 7/6/93
020
0M: I3Tl�`ZZOII;JIWU x, �: • . • • IMMIG -re"im
• ,!!v I4Iu�
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, 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.
Written Communication:
Report dated July 6, 1993, from the City Manager, recommending that the Council reappoint all current
commission, board, and committee members pending receipt of the recommendations by the Council
ad hoc committee regarding duties and responsibilities of the advisory boards.
Rea000intment of All Current Commission. Board. and Committee Members:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution reappointing all current commission, board, and committee members be reappointed pending
receipt of the recommendations by the Council ad hoc committee, be adopted:
RESOLUTION NO. 93-7-6-10. INTERIM APPOINTMENTS TO THE CITY'S
COMMISSIONS. BOARDS AND COMMITTEES - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
MAKING INTERIM APPOINTMENTS TO THE CITY'S COMMISSIONS,
BOARDS AND COMMITTEES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
r_rzyg.nta.rar
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Council Member Nash noted that a portion of the corridor was expected to open by May 1994.
Council Member Nash noted that discussions were being held regarding the modification of
bridges and the entire concept of the road proposed through the Laguna Canyon Parkway. An
option is currently before the Board to approve either the current proposal or to modify it to
include more arches, sensitivity to wildlife, eta to make it more aesthetically pleasing.
With regard to both Corridors, Council Member Nash advised that latest plans had deleted the
majority of aesthetic features in order to reduce costs. She noted that the Aesthetics
Committee and the Technical Committee for the corridor are both opposed to these
modifications and intend to work with various boards to have as many of these features as
possible put back in the plans. Council Member Hausdorfer suggested that the City's Corridor
representatives should work with elected persons in South Orange County. He further
City Council Minutes -20- 7/6/93
P _J
suggested that the City should always aggressively take the initiative to address these concerns
and to tell the Corridor Agencies what will be acceptable to the City.
C. Lea= of California Cities (140.20)
Council Member Campbell noted her attendance at the Public Safety meeting in Sacramento.
Council Member Hausdorfer strongly suggested that City staff be more aggressive in filing for
applications for project funding with the Orange County Transit Authority.
Council Member Vasquez stated that the agency is currently meeting with the Executive
Committee of SERRA, South Orange County Reclamation Authority, and Aliso Waste
Management Authority to establish policies regarding how the agencies should interrelate to
ensure consistency in employee policies.
1. FOURTH OF JULY EVENT (150.60)
Mayor Jones commended staff for their efforts on the Fourth of July display and picnic.
��iT�•j Ue1`7_\;7Y�7�i7Y/e1�Mli .t �J]
Council Member Campbell requested that calendars be provided to the Council of special events
scheduled in the City.
Council recessed to a Closed Session at 10:25 p.m. for discussion of litigation per Government Code Section
54956.9(a) (Committee v. City; Negrete v. City I and II; Negrete v. Friess; McLaughlin v. City; Sime v. City of
Rhonett Park; Shell v. Hawthorne; Swerdlin v. City) and initiation of litigation per Government Code Section
54956.9(c) (Annie Haven properties), the City Clerk being excused therefrom, and reconvened at 11:45 p.m.
There being no further business before the Council, the meeting was adjourned at 11:45 p.m. to the nein regular
meeting date of Tuesday, July 20, 1993, at 7:00 p.m. in the City Council Chamber.
City Council Minutes
-21-
Respectfully submitted,
cli��L
CHERYL JOHNNON,GTrY CLERK
7/6/93