Loading...
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 City Council Minutes -1- 9/21/93 HE 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. City Council Minutes -2- 9/21/93 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. City Council Minutes 511 9/21/93 OSS M:. (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 City Council Minutes -4- 9/21/93 tE 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. City Council Minutes -5- 9/21/93 RM 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. City Council Minutes -6- 9/21/93 ME 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: City Council Minutes -8- 9/21/93 091 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 City Council Minutes -9- 9/21/93 092 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 City Council Minutes -10- 9/21/93 093 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