93-0921_CC_Minutes_Regular Meeting1.91
SEPTEMBER 21, 1993
' 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 Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Reverend Robert Schwenck of the Community Presbyterian Church.
ROLL CALL 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, Director of Administrative Services; William M. Huber, Director of
Engineering and Building Services; Dick Bobertz, Planning Manager; Al King, Jr, Director of Community
Services; Ronald C. Sievers, Director of Public Lands and Facilities; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried
that all Ordinances be read by title only.
' PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD
FOR EXCELLENCE IN FINANCIAL REPORTING (330.10)
Written Communication:
Report dated September 21, 1993, from the Council Services Manager, noting that the City's Director
of Administrative Services, Cynthia Pendleton, had received a plaque from the Government Finance
Officers Association of the United States and Canada for the achievement of high standards in
government accounting and financial reporting procedures, for fiscal year ending June 30, 1992.
Receipt of Award:
Mayor Jones read the certificate in full and presented it to Ms. Pendleton, Ms. Pendleton expressed
appreciation to her staff for their assistance.
• I -RIPLO-01MY III • •1! • • • ' 1
1. CALIFORNIA PARKS AND WILDLIFE INITIATIVE (920.10)
David Swerdlin, 26172 Via De Toledo, member of the board of Friends of Historic San Juan, noted that
they had surpassed their goal of obtaining more than 7,500 signatures to date for the CALPAW
initiative. He expressed appreciation to the volunteers and the City Council for their support.
2. DEVELOPMENT REGULATIONS (42060)
' Kenneth Friess, 31506 Paseo Christina, submitted a letter to the City dated September 21, 1993, which
clarified his remarks at the September 7, 1993, meeting with regard to the processing of the El Maguey
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project. He stated that his remarks were not intended to be critical of City staff, but rather to
emphasize the difficulty local small businesses have in processing minor development applications in the
City. In response to an inquiry by Council Member Campbell, Mr. Friess stated that he had been aware
of the problem during his tenure as a Council Member; however, he felt that small businesses are
feeling more of an impact over the last two years because of the economy and the inequity of fees for
large and small projects. He suggested that smaller projects could be approved at the administrative
level instead of requiring commission approvals to shorten the process and decrease costs. Council
Member Campbell requested that Mr. Friess provide his comments to the City Council.
CONSENT CALENDAR
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
". PJ.YeI`Jttli`Z",
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF AUGUST 17.
1993
The Minutes of the Regular Meeting of August 17, 1993, were approved as submitted. Council Member
Nash abstained due to her absence from the August 17 meeting.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR
MEETING OF AUGUST 17,199
The Minutes of the Regular Meeting of August 17, 1993, were approved as submitted. Council Member
Nash abstained due to her absence from the August 17 meeting.
3. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF AUGUST 31.
1993 (350.30)
The City Treasurer's Report of Investments as of August 31, 1993, in the total amount of $17,230,655.38
was received and filed.
4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated September 21, 1993, from the Planning Director, advising that four new development
applications were received by the City since the last report of August 17, 1993, was received and filed.
5. AWARD OF CONTRACT - CITY STREET LIGHT MAINTENANCE AND REPAIRS (C.B.
ELECTRIC) (600.30)
As set forth in the Report dated September 21, 1993, from the Director of Public Lands and Facilities,
the contract for the annual maintenance and repair of the City's street lights was awarded to the lowest
responsible bidder, C.B. Electric. The contract was awarded for an estimated amount not to exceed
$20,000 annually on a per -light basis, at the unit prices listed on the bid proposal, with the contractor
supplying the parts. All other bids were rejected. The Mayor and City Clerk were authorized to —
execute the contract on behalf of the City.
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6. INITIATION OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE TO CLARIFY
' AND CORRECT INCONSISTENCIES (420.30)
As set forth in the Report dated September 21, 1993, from the Planning Director, the following
Resolution was adopted initiating consideration of minor miscellaneous amendments to the Land Use
Code to clarify certain Code sections and correct inconsistencies within Title 9 of the Municipal Code:
RESOLUTION NO. 93-9-21-1. INITIATING AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - MISCELLANEOUS MINOR REVISIONS - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING CONSIDERATION OF AMENDMENTS TO THE
MUNICIPAL CODE TO CLARIFY CERTAIN CODE SECTIONS AND
INCONSISTENCIES WITHIN TITLE 9 (LAND USE) OF THE MUNICIPAL
CODE
PUBLIC HEARINGS
1. REQUEST TO APPROVE DIVISION OF A 3.2 -ACRE PARCEL INTO THREE PARCELS
FOR PROPERTY LOCATED AT 31641 AVENIDA EVITA. LOT 2. TRACT 318,
TENTATIVE PARCEL MAP 92-253 (HARBIN)_(420.70)
Proposal:
Consideration of a proposal to subdivide an existing 3 -acre parcel into three parcels for the property
located at the cul-de-sac of 31641 Avenida Evita. The proposed Parcel 1 contains two residential units,
and no development is proposed at this time for Parcels 2 and 3.
' Property OwnerLApolicant,
Mr. and Mrs. David Harbin
31921 Camino Capistrano
San Juan Capistrano, CA 92675
Written Communication:
Report dated September 21, 1993, from the Planning Director, recommending that the proposed
subdivision be approved based on findings of consistency with the General Plan, subject to conditions
requiring the applicant to 1) install an equestrian trail on Parcel 3 prior to the issuance of Use and
Occupancy Permits, and 2) participate in fair -share funding of off-site improvements to Avenida Evita.
Exhibits were on display, and Mechelle Lawrence, Assistant Planner, made an oral presentation. She
noted that the applicant's costs for installing the equestrian trail would be approximately $7,000, and the
City would be responsible for the grading at a cost of $700.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Dick Spaulding, 31611 Sacarama Lane, advised that in 1987, the area homeowners requested
that the Via Estelita Trail be deleted. In 1988 the City Council initiated a General Plan
Amendment to study the issue. On May 15, 1990, the City Council adopted General Plan
Amendment 90-3, which deleted the "commuter" designation for Via Estelita, and had resolved
the Via Estelita/Avenida Evita feeder trail issues by adopting an alternative that extended the
Via Estelita Trail straight to Peppertree Bend; further, that approval included funding of the
chosen alternative from the City's Equestrian/Hiking Trail Improvement Fund.
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(2) The applicant, David Harbin, 31641 Avenida Evita, concurred with the comments made by
Mr. Spaulding. He requested that if the Council required him to install the equestrian trail,
he be allowed to post a performance bond in lieu of the $7,000.
(3) Gary Marquis, 26081 Via Estelita, requested staff clarification regarding whether the City was
responsible for the improvements to the street and the equestrian trail on his property,
including the construction of the cul-de-sac. He also inquired whether the street in front of his
property would be 26-28 feet wide. Mr. Scarborough indicated that he would provide a written
response to Mr. Marquis' questions.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Council Member Hausdorfer agreed with the contention made by Mr. Spaulding, stating it was also his
recollection from the May 15, 1990, meeting, and felt that Mr. Harbin should not be burdened with the
responsibility of constructing the equestrian trail. He noted that the subject area has very little
equestrian traffic and that the homeowners should not have to bear the costs of trail construction.
However, he felt certain that the City had not agreed to assume the responsibility for the street
improvements, as indicated by Mr. Marquis.
Adoption of Resolution Conditionally Certifying the Negative Declaration and Approving Tentative
Parcel Map 92-253:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted, with the deletion of the condition requiring the applicant to install the
equestrian trail:
RESOLUTION NO.93-9-21-2. APPROVAL OF TENTATIVE PARCEL MAP 92-253
AND NEGATIVE DECLARATION - HARBIN - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP
92-253, A THREE -LOT SUBDIVISION OF ASSESSOR'S PARCEL NUMBER 649-
091-20 LOCATED AT 31641 AVENIDA EVITA (HARBIN)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Council Member Vasquez clarified that the Council's action did not delete the Via Estelita Trail but
just waived the homeowner's responsibility for funding it.
2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
SECOND AMENDMENT TO LEASE AGREEMENT FOR PROPERTY LOCATED AT
26874 ORTEGA HIGHWAY, TEXACO REFINING AND MARKETING. INC. (MISSION
TEXACO STATION) (400.20) (CONTINUED FROM SEPTEMBER 7.1993)
Proposal:
Consideration of a Second Amendment to the Lease Agreement with Texaco for the use of alternative
parking at the rear of the Mission Texaco site and at the two dirt lots located on El Camino Real (the
Love and Mitchell lots) to accommodate approximately 50 temporary parking spaces during the
construction of the Multi -Modal Parking Deck. The station would continue their station operation. The
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Second Amendment would extend the existing lease for a minimum of two years, and all landscaping
' costs would be borne by the City. The hearing was continued from the meeting of September 7, 1993,
so that staff could respond to issues regarding market rent and modifications to the landscaping plan.
Written Communication:
Report dated September 21, 1993, from Douglas Dumhart, Management Assistant, summarizing the
terms of the lease, proposed improvements, market rates, parking assignment and environmental issues.
The Report recommended that the 17 tenant -only parking spaces located behind the El Peon complex
be relocated to the 19 spaces behind the Texaco station so that public parking would be more visible
and accessible to visitors. The Report noted that a mid -year budget adjustment in the amount of $3,000
would be required to cover the City's costs for landscaping.
Exhibits were on display, and Douglas Dumhart, Management Assistant, made an oral presentation.
Council's Questions to Staff:
Council Member Campbell inquired how many Amtrak commuters used the Love and Mitchell lots.
Mr. Dumhart advised that staff did not survey the users of the lots and that the lots have not been used
to their full extent. He noted that since the lots are for all -day parking, commuters have been
encouraged to park there. Council Member Vasquez inquired whether $3,000 was sufficient for the
proposed landscaping of the parking lots. Mr. Dumhart explained that landscaping would be minimal
because of the temporary use. Mr. Sievers noted that the intent of the landscaping was to provide some
visual interest along the frontage road of both lots, including drip irrigation.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
' (1) Kenneth Friess, 31506 Paseo Christina, spoke on behalf of the applicants. He noted that the
proposed plans were not intended as a full-time parking arrangement. He advised that as part
of the plans, the applicant intended to improve the two restrooms at the gas station to meet
federal Americans with Disability Act standards and that the restrooms would be available for
public use.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Council Member Nash inquired whether staff could provide parking assignments for the lots.
Mr. Dumhart explained that the proposed Second Amendment did not assign parking. Council Member
Campbell expressed concern that trees were not included as part of the landscaping plan. She noted
other "temporary -use" areas in the City that have become long-term uses now appear barren because
trees were never planted.
Approval of Second Amendment to Lease Agreement:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously
carried that the Second Amendment to the Lease Agreement with the Community Redevelopment
Agency and Texaco Refining and Marketing, Inc. be approved for the use of public parking at the
Mission Texaco site and temporary parking improvements at the Love and Mitchell lots, subject to the
condition that trees be added to the landscape plan. City expenditures not to exceed $3,000 were
authorized. Staff was directed to assure that trees were included in the landscaping plan and to advise
the Council regarding the type of parking recommended for the new lots.
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RECESS AND RECONVENE
Council recessed at 7:40 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:41 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CONSIDERATION FOR PARTICIPATION IN JOINT POWERS AUTHORITY - REUSE
OF EL TORO MARINE CORPS AIR STATION (940.30)
_Written Communication:
Report dated September 21, 1993, from the City Manager, recommending that the City Council indicate
its intent to participate in a South Orange County Joint Powers Authority to plan and implement a reuse
program for the EI Toro Marine Corps Air Station after its closure by the Federal government. This
authority would ensure that the concerns of the South County area were properly addressed and impacts
mitigated from potential uses at the site.
Council Member Hausdorfer emphasized that the Council's action did not endorse a particular Joint
Powers Authority, but indicated an intent to participate. He noted the importance of the South County
Joint Powers Authority working with the County to ensure unified representation to the State and
Federal governments. Council Member Campbell suggested that Council Member Hausdorfer be
appointed to serve on the authority. Council Member Hausdorfer agreed, and Council Member
Campbell agreed to be the alternate. Council Member Nash noted that all possible options for the use
of the site must be explored to avoid adverse impacts to San Juan Capistrano, and Mayor Jones
emphasized the need to remain objective in this matter.
Authorization to Participate in Joint Powers Authority:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously
carried that the Mayor be authorized to execute a letter stating the City's intent to participate in a Joint
Powers Authority with other South County cities on the planning and implementation of the reuse of
the EI Toro Marine Corps Air Station; the Board of Supervisors was encouraged to work with the South
County Joint Powers Authority.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. CABLE TELEVISION BOARD ASCERTAINMENT REPORT (1000.40)
Written Communication:
Report dated September 21, 1993, from the Cable TV Board, forwarding the Cable TV Ascertainment
Report, as required under the current Cable TV franchise agreement, containing the results of a
technical review of the cable operator's performance.
Mary Laub, Management Assistant, made an oral presentation.
Stan Kensic, 31212 Belford Drive, expressed concern regarding the rates and regulations and the
monopoly Dimension Cable has in San Juan Capistrano. He made the following requests: 1) that the
City Council conduct a study to determine how competition could be improved to ensure that rates are
not arbitrarily raised and schedules modified without considering the desires of the community; 2) that
the City open bids to new competition and that a municipal cable agency be formed; 3) that if rates
could not be regulated to benefit the consumer, the City should lift the prohibition on roof -top antennas
to allow for options for TV reception; 4) that new technology be investigated to replace the "brown"
cable, such as phone lines, satellite dishes, and antennas in certain areas that cannot receive good
reception; and 5) that when the contract is renegotiated, televised coverage of Council meetings be
addressed.
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Council Comments:
Council Member Vasquez felt there has been general satisfaction with he service by Dimension Cable
' and commended the company's involvement in educational programs for the schools. However, he
urged that CBS continue to be transmitted because of the large number of residents that watch that
station, and that FM reception be included with the service again. Council Member Hausdorfer
suggested that staff respond to Mr. Kensic's comments in writing, particularly in regard to cable
franchising. Council Member Nash noted that Radio Shack had been advertising television antennas
and suggested they be notified of the City's regulations prohibiting roof -top antennas.
Receipt and Filingof f Report:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the Cable Television Board Ascertainment Report be received and filed.
2. RESOLUTION AUTHORIZING SUBMISSION OF CERTIFICATION APPLICATION TO
THE FEDERAL COMMUNICATIONS COMMISSION (FCC) FOR CITY REGULATION
OF BASIC CABLE RATES (1000.30)
Written Communication:
Report dated September 21, 1993, from the Director of Administrative Services, recommending that the
draft Resolution be adopted authorizing the submission of the certification application to the FCC for
adopting regulations consistent with the FCC's basic service rate rules and regulations. This application
would allow the City to exercise its statutory ability to regulate basic service rates.
Mary Laub, Management Assistant, made an oral presentation. She noted that there is no advantage
to not certifying and that the burden of proof is on the operator.
Leo Brennan, Vice President and General Manager of Dimension Cable, spoke regarding the impact
' of Federal regulations (the 1992 Cable Act) on the cable industry. He explained that cable companies
have the option of using the FCC formula for rate regulation or submitting justification for costs of
services. He stated that Dimension Cable has adjusted their pricing to accommodate the FCC formula.
In response to an inquiry from Council Member Vasquez, he stated that Dimension Cable's current
rates are justified using the FCC current formula and that the ability to receive transmission was a
separate issue. He requested that he be allowed to give a presentation at the October 5, 1993, Council
meeting regarding re -transmission and must -carry regulations.
Adoption of Resolution Authorizing the Submission of Certification Application:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the
following Resolution be adopted:
RESOLUTION NO. 93-9-21-3. AUTHORIZING SUBMISSION OF
CERTIFICATION APPLICATION, ADOPTING REGULATIONS AND
ESTABLISHING CERTAIN PROCEDURAL LAWS AND REGULATIONS -
R_E_GULATION OF BASIC CABLE TELEVISION SERVICE RATES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE SUBMISSION OF A
CERTIFICATION APPLICATION TO THE FEDERAL COMMUNICATIONS
COMMISSION; ADOPTING REGULATIONS THAT ARE CONSISTENT WITH
THE FEDERAL COMMUNICATIONS COMMISSION'S BASIC SERVICE RATE
RULES AND REGULATIONS; AND, ESTABLISHING CERTAIN PROCEDURAL
LAWS AND REGULATIONS WHICH PROVIDE A REASONABLE
OPPORTUNITY FOR CONSIDERATION OF THE VIEWS OF INTERESTED
PARTIES IN RATE REGULATION PROCEEDINGS TAKEN HEREUNDER
City Council Minutes -7- 9/21/93
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF PLANNING SERVICES
1. CONSIDERATION OF LETTER OF UNDERSTANDING REGARDING USE OF
FUNDS - CALIFORNIA PARKS AND WILDLIFE INITIATE (FRIENDS
OF HISTORIC SAN JUAN) (600.30)
Written Communication:
Report dated September 21, 1993, from the Planning Director, recommending that a letter of
understanding be sent on behalf of the City Council to identify where and how funds from the successful
passage of the Parks and Wildlife bond initiative (CALPAW) would be expended.
Continuation of item:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that this item be continued to the meeting of October 5, 1993, at the request of City staff.
2. ARCHITECTURAL CONTROL 93-05 - SPORTS PARK, PHASE I IMPROVEMENTS IN
ACCORDANCE WITH THE OPEN SPACE MASTER PLAN (KINOSHITA) (410.60)
Written Communication:
Report dated September 21, 1993, from the Planning Director, recommending that the Council approve
the Negative Declaration, an exception to the Water Conservation Landscape Standards, the site
development application, and the design review application for Phase I of the improvements to the
Kinoshita Farm Sports Park.
Mechelle Lawrence, Assistant Planner, spoke regarding the findings made by staff in this matter. She
noted that vehicle parking was proposed to replace the bus parking area, as recommended by the
Planning Commission.
Council Member Nash expressed concern regarding the proposed 10 -foot slopes near the street and at
the east side of the project and suggested that grading be reviewed for the site. Sharon Heider, Open
Space Project Manager, explained that the grading has already been revised to propose a 3 -foot cut to
eliminate those slope areas. Council Member Nash noted that 15 -foot poles were shown on the site
plan for the parking lot instead of the 14 -foot poles proposed in the staff report. She expressed concern
regarding the Tipu trees proposed for the parking lot and suggested that another species of tree be
considered that would be more appropriate and more common in the City.
Kinoshita Farm Sports Park, Phase I Improvements:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the
following Resolution be adopted:
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091
RESOLUTION NO. 93-9-21-4. APPROVING ARCHITECTURAL CONTROL 93-5.
' NEGATIVE DECLARATION AND EXCEPTION TO WATER CONSERVATION
LANDSCAPE STANDARDS - PHASE I IMPROVEMENTS TO KINOSHITA
PARK SITE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION, AN EXCEPTION TO WATER CONSERVATION LANDSCAPE
STANDARDS, AND ARCHITECTURAL CONTROL 93.5 FOR THE KINOSHITA
FARM SPORTS PARK - PHASE I IMPROVEMENTS IN ACCORDANCE WITH
THE OPEN SPACE MASTER PLAN
The motion was carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. RESOLUTION SUPPORTING CONCEPT OF USE OF MEASURE M FUNDS FOR
EMERGENCY VEHICLE SIGNAL PREEMPTION EQUIPMENT BUT
RECOMMENDING SIGNAL COORDINATION BE GIVEN HIGHER PRIORITY (820.25)
Written Communication:
Report dated September 21, 1993, from the Director of Engineering and Building, recommending that
' the request by the Orange County Transportation Authority (OCTA) for support of emergency signal
preemption be approved in concept, but that signal coordination be given a higher priority.
Council Member Hausdorfer explained that this project would allow emergency vehicles to control
traffic signals to stop traffic in the event of an emergency. He requested that staff clarify that the intent
of the Resolution was to support the use of Measure M funds if no other source of funding were
available for this project.
Resolution Su000rtine Concent and Recommendine Prioritization of OCTA Exoenditures:
It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, that the
following Resolution be adopted supporting the concept of emergency signal preemption and
development of uniform specifications and recommending OCTA prioritize expenditure of funds for
signal coordination above signal preemption:
LUTION NO. 93-9-21-5. SUPPORTING CONCEPT OF COUNTY -WIDE
SINAL PREEMPTION WITH RECOMMENDATION FOR PRIORITIZATION
OF SIGN COORDINATION ABO VE -SIGNAL PREEMPTION -A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING THE CONCEPT OF A COUNTY -WIDE SIGNAL
PREEMPTION PROGRAM BUT RECOMMENDING THAT SIGNAL
COORDINATION BE PRIORITIZED ABOVE SIGNAL PREEMPTION
The motion carried by the following vote:
AYES:
' NOES:
ABSENT:
Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
None
None
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092
1. ORDINANCE ADDING CHAPTER 24 TO TITLE 5 OF THE MUNICIPAL CODE -
"SOLICITATION PROHIBITED IN CERTAIN DESIGNATED AREAS" (ADOPTION)
(585.10)
Written Communication:
Report dated September 21, 1993, from the City Clerk, advising that the Ordinance was introduced at
the meeting of September 21, 1993, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had
been waived earlier in the meeting. It was moved by Council Member Hausdorfer, seconded by Council
Member Vasquez, that the following Ordinance be adopted:
ORDINANCE NO. 735. AMENDMENT TO TITLE 5 OF THE MUNICIPAL
CODE - ADDING CHAPTER 24. SOLICITATION OF EMPLOYMENT,
CONTRIBUTIONS. OR BUSINESS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 24, "SOLICITATION
PROHIBITED IN CERTAIN DESIGNATED AREAS,' TO TITLE 5 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
SCHEDULING ELECTION OF MAYOR AND MAYOR PRO TEMPORE (610.80)
Written Communication:
Report dated September 21, 1993, from the Mayor, recommending that the annual election of Mayor
and Mayor pro tem be scheduled for November 16, 1993, for this year only since a full Council would
not be in attendance at the first Council meeting in December, which is the traditional date for the
election. The selection of Mayor and Mayor pro tem occurs at the first meeting in December in off -
election years.
Scheduling of Annual Election of Mayor and Mayor Pro Tem:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the
following Resolution be adopted scheduling the annual election of Mayor and Mayor pro tem for 1993
only for the meeting of November 16, 1993, with the new officers to assume their duties at the first
meeting in December:
ANNUAL ELECTION OF MAYOR AND MAYOR PRO TEMPORE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, PROVIDING FOR THE ANNUAL
ELECTION OF THE MAYOR AND MAYOR PRO TEMPORE AND
RESCINDING RESOLUTION NO. 88-6-7-5
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The motion was carried by the following vote:
' AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (SERRA) (1040.60)
Council Member Vasquez noted that the authority was continuing to work on reducing costs
for the proposed administration building in Dana Point and establishing consistent policies
between SERRA, the South Orange County Reclamation Authority, and the Aliso Waste
Management Authority.
CKu1�1►2yI_rl:ii7ti Y 7:� Y tCY��y]
Council Member Vasquez noted that Council Members Campbell and Nash had not yet had their
official Council portraits taken.
2. LAW ENFORCEMENT COMMUNICATIONS (580.10)
Council Member Campbell inquired as to the progress of improving dispatching services for San Juan
Capistrano. Lt. Dan Martini advised that a preliminary study of the issue had been submitted to the
City Manager and noted the possibility of a regionalized system with the Cities of San Clemente, Dana
Point, and San Juan Capistrano.
3. REQUESTS FOR STAFF RESPONSES - CODE ENFORCEMENT (460.40)
Council Member Nash expressed appreciation to Mr. Huber for his report on the Glenfed project. She
requested that Code Enforcement investigate the proliferation of painted signs in storefront windows
throughout the City, particularly the carpet store located at the southwest corner of Camino Capistrano
and Del Obispo. In addition, she requested that staff contact Radio Shack regarding their display of
antennas since roof -top antennas are prohibited in the City.
4. LOS ANGELES TIMES COVERAGE (150.90)
Council Member Nash noted the lack of San Juan Capistrano news in The Los Angeles Times and
suggested that the Cities of San Juan Capistrano, Dana Point, and San Clemente petition The Los
Angeles Times to include separate sections of the paper for North County news and South County news.
Mr. Scarborough indicated staff would contact the Times regarding this matter.
5. SPECIALEVENTS IN THE CITY (9
Council Member Hausdorfer noted the activities held this past weekend, including the Historical
Society's Annual Barbecue, the Fran Joswick fundraiser, and the Fall Oaks Classic. He felt that the City
should promote the positive things people in the community are quietly doing. He suggested that a
letter be prepared for the Mayor's signature commending all three organizations. Mayor Jones
' congratulated Mr. King on winning the "Kiss the Pig" contest at the Fran Joswick fundraiser.
City Council Minutes -11- 9/21/93
M
6. REQUEST FOR SHERIFF PATROL (580.10)
Council Member Hausdorfer requested that the Sheriff's Department discourage the presence of gang
members loitering around the school bus stop at La Zanja and Los Rios Street. He noted that the gang
members appear to be intimidating and/or recruiting students after they exit the school bus. Mayor
Jones also requested that the Sheriffs Department investigate the after-school "activities" taking place
at the Franciscan Plaza parking structure.
INTERIM USE OF NORTHERN OPEN SPACE PROPERTIES (530.40)
Mr. Scarborough requested that two Council Members assist staff in evaluating the Requests for
Proposal the City has received regarding the interim use of the Northwest Open Space site. Council
Members Hausdorfer and Vasquez volunteered to assist with the evaluation.
CLOSED SESSION
Council recessed to a Closed Session at 8:35 p.m. for discussion of litigation per Government Code Section
54956.9(a) (Swerd/in v. CRA) and labor negotiations per Government Code Section 54957.6, the City Clerk being
excused therefrom, and reconvened at 9:45 p.m.
There being no further business before the Council, the meeting was adjourned at 9:45 p.m. to the next regular
meeting date of Tuesday, October 5, 1993, at 7:00 p.m. in the City Council Chamber.
ATTEST:
Leu• „I_Qli7i
City Council Minutes -12-
Respectfully submitted,
CHERYL JOHNSON,&CITY CLERK
9/21/93