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93-1005_CC_Minutes_Regular Meeting095 OCTOBER 5, 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 Council Member Campbell. 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; Thomas Tomlinson, Director of Planning Services; 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 Nash, seconded by Council Member Vasquez, and unanimously carried that all Ordinances be read by title only. ADDITIONAL AGENDA ITEM - PURCHASE OF TRUCKS (70301 Finding for Consideration of Off -Agenda Item: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, 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. The item will be considered later in the meeting under Administrative Items, City Manager. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. SKATEBOARDING CONCERNS (590.10) Louella Holsten of Vaquero West Mercantile expressed concerns regarding the number of skateboarders that have been congregating along Verdugo Street intimidating pedestrians and customers. She stated that the Sheriff's Department had informed her that there could be no enforcement until the area was officially posted for "No skateboarding." Council Member Hausdorfer suggested that Ms. Holsten meet with City staff and other merchants in the area to discuss this situation. 2. COMMUTER PARKING/SKATEBOARDING CONCERNS (570.30/590.10 Stephen Rios, Rios Adobe, requested enforcement of the "No stopping" and "No parking" areas along ' Los Rios Street because of the number of people who parking along Los Rios Street waiting for Amtrak commuters. He noted that the cars cannot park safely along Los Rios Street because the lack of shoulders. He also requested that the City investigate the problems with youths congregating along Verdugo Street who have intimidated pedestrians and caused some vandalism in the area. City Council Minutes -1- 10/5/93 096 Mr. Scarborough indicated that he, Mayor Jones, and Lt. Martini met this week regarding the problem and that the Sheriffs Department would have increased police presence in the area this weekend. 3. GANG ACTIVITY (585.50) Jennifer Baldridge, 26484 Orangewood Road, expressed concerns regarding the gang activity taking place at the corner of La Zanja and Camino Capistrano. She advised that because of a School District action, many children in the area are now walking to school instead of riding buses, and they are being intimidated by gang members that are loitering in the area. John Diaz, 29411 Cherrywood Lane, inquired how the City could help resolve the problem. Council Member Hausdorfer suggested that City staff meet with the School District to discuss the busing situation and that a Sheriffs unit in the area would help to discourage the congregation of gang members and their activities. Council Member Campbell noted that the City had approved a specialized enforcement unit to handle this type of matter. Council Member Hausdorfer suggested that the City Manager meet with the residents immediately, and continue to communicate with them, to discuss what the City and the Sheriffs Department are doing to resolve this problem. Mayor Jones advised that the following item would be considered out of order from the agenda for the convenience of interested persons in attendance. ADMINISTRATIVE ITEMS DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. REQUEST FOR CROSSING GUARD - SAN JUAN SCHOOL (EL CAMINO REAL/SPRING STREET) (590.70) Written Communication: Report dated October 5, 1993, from the Director of Engineering and Building, in response to the City Council's previous request for staff to determine the need for a crossing guard at El Camino Real and Spring Street for children attending San Juan Elementary School. Staff determined that a crossing guard was not necessary at this location because of the existence of a painted crosswalk on the north and south sides of the intersection and a new paved sidewalk on the east side of El Camino Real which allows school children to cross at the four-way stop at EI Camino Real and Acjachema Street. The Report noted that Ken Harker of the School District did not support a crossing guard at this time as it would exacerbate the efforts to teach children and parents to use the Acjachema crossing. Staff recommended that the existing crosswalks at the EI Camino Real/Spring Street intersection be removed and that staff conduct a follow-up warrant study at the crossing prior to the Christmas break. Public Comments: (1) Orrie Brown, President of the San Juan School PTA, 31481 La Matanza, submitted a letter dated September 30, 1993, in favor of the crossing guard and retention of the crosswalk, noting particular concerns for children's safety crossing El Camino Real at Acjachema; Camino Capistrano at La Zanja; and, La Zanja at the railroad tracks. She noted that the School District had changed the boundaries for busing children, causing an additional 400 children to walk to school. She stated that a crossing guard was particularly needed to help children cross from the west side of El Camino Real because many parents drop their children off on the west side. (2) Tony Brown, 31481 La Matanza Street, noted that along the new sidewalk on the east side of El Camino Real where children have been encouraged to walk, there are seven driveway access points and too much traffic; while on the west side, there are only two driveway access points, which includes the Mission School (which has a crossing guard) and the Mission Church parking. He felt that encouraging children to walk along the west side of the street would be safer. City Council Minutes -2- 10/5/93 097 (3) John Diaz, 29411 Cherrywood Lane, noted that two accidents occurred in the area last year and strongly supported the need for a crossing guard at this location, particularly because of the deletion of busing by the School District. (4) Jennifer Baldridge, 26484 Orangewood Road, spoke in favor of the crossing guard and retention of the crosswalks. She noted that her children attend San Juan School and expressed concern for children living in the Capistrano Villas neighborhood. (5) Stephen Rios, Rios Adobe, spoke in favor of the crossing guard for safety reasons. He suggested that if cost were an issue, volunteers be considered. Council Discussion/Motion to Continue Item Withdrawn: Mr. Scarborough noted that the School District had requested that a crossing guard not be installed at this time. It was moved by Council Member Hausdorfer and seconded by Council Member Campbell to continue this item to allow staff to work with the PTA and the School District to reach a mutually satisfactory recommendation. The motion was subsequently withdrawn. Ms. Brown advised that Steffie Burkowitz, Assistant to the Superintendent of the School District had recommended that Ms. Brown strongly support the crossing guard at this meeting on behalf of the District. She suggested consideration of the Associated Senior Action Program (ASAP) to provide crossing guard services. Mayor Jones felt that the crosswalk and crossing guard were needed immediately for the school. Ken Harker of the Capistrano Unified School District provided a background of the situation and advised that the removal of the crosswalk in front of the school was part of an overall plan to relieve congestion at the school. He stated that if the crosswalk were to remain, the District would definitely be in favor of a crossing guard. The District's preference would be to retain the crosswalk, with crossing guard, at El Camino Real and Spring Street and to remove the northernmost crosswalk. Mayor Jones advised that the San Juan Elementary School Principal had stated the school buses could be moved from in front of the school around the corner onto Spring Street. Council Member Campbell expressed concern that there be a total consensus of agreement in this matter between the School District and the PTA. Mr. Huber stated that at the time the original survey for the crosswalk was done in September, it met warrants for a crossing guard; however, the staff recommendation had been based on the School District position. He advised he had recently observed the area and it appeared it did not meet warrants, perhaps because students were discouraged from crossing at that location. He noted that the District would be submitting future applications for crossing guards at La Zanja and Camino Capistrano, Acjachema and La Zanja, and Del Obispo Street and Del Avion. Approval of Crossing Guard. Retention of Crosswalk. and Removal of Northernmost Crosswalk: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that 1) a crossing guard be approved at El Camino Real and Spring Street, 2) that the crosswalk at that intersection be retained, and 3) the northernmost crosswalk be removed. The approvals were based on the School District's input at the meeting that the District would definitely be in favor of a crossing guard at El Camino Real and Spring Street if the crosswalk were retained. Staff is to respond to Council regarding the suggestion for use of volunteers as crossing guards. Authorization to Appropriate Funds for Crossing Guard: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that $10,000 be appropriated for the hiring of a crossing guard at EI Camino Real ' and Spring Street. City Council Minutes -3- 10/5/93 CONSENT CALENDAR It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, 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. Special Meetin of f August 25. 1993 - The Minutes of the Special Meeting of August 25, 1993, were approved as submitted. b. Regular Meeting of September 7. 1993 - The Minutes of the Regular Meeting of September 7, 1993, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES The Minutes of the Regular Meeting of September 7, 1993, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF SEPTEMBER 1993 (300.30) The List of Demands for September 1993, in the total amount of $273,506.59 was received and filed. 4. RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT - TRAFFIC SIGNAL AT DEL OBISPO STREET/AGUACATE ROAD (STEINY AND COMPANY) (600.30) As set forth in the Report dated October 5, 1993, from the Director of Engineering and Building, the following Resolution was adopted declaring the installation of the traffic signal at Del Obispo Street and Aguacate Road to be complete: RESOLUTION NO. 93-10-5-1, COMPLETION OF PUBLIC IMPROVEMENTS - TRAFFIC SIGNAL AT DEL OBISPO STREEVAGUACATE ROAD (STEINY AND COMPANY) -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT DEL OBISPO STREET AND AGUACATE ROAD (STEINY AND COMPANY) The Resolution accepted the work as complete in the amount of $76,954 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $7,695.40 thirty-five (35) days after recording the Notice of Completion. 5. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - VARIOUS CITY VEHICLES AND EQUIPMENT (370.301 As set forth in the Report dated October 5, 1993, from the Director of Public Lands and Facilities, the specifications were approved to purchase the following pieces of replacement equipment for the 1993-94 fiscal year: 1/2 -ton mid-size pickup, 1 -ton utility van, 21/2 -ton asphalt roller, and a backup emergency generator. Staff was authorized to call for bids. City Council Minutes 4- 10/5/93 n 11 6. AUTHORIZATION APPOINTING CITY MANAGER TO ADOPT SAN JUAN CREEK RAILROAD BRIDGE RECONSTRUCTION AND TRACK REALIGNMENT APPRAISAL REPORT (820.45) As set forth in the Report dated October 5, 1993, from the Director of Engineering and Building, the City Manager was authorized to act as the appointed City official to adopt the San Juan Creek Railroad Bridge Reconstruction and Track Realignment Appraisal Report and initiate negotiations for the right- of-way on six properties. RESOLUTION CONFIRMING SEPTEMBER 21. 1993, ACTION RELATING TO APPROVAL OF TENTATIVE PARCEL MAP 92-253 (HARBIN) (420.70) As set forth in the Report dated October 5, 1993, from the Planning Director, the City Council action of September 21, 1993, was confirmed in approving Tentative Parcel Map 92-253 and relieving the applicant of a requirement to install an equestrian feeder trail segment. PUBLIC HEARINGS 1. REQUEST FOR REZONE 90-07 TO ALLOW A NEW CAR DEALERSHIP WITHIN THE SAN JUAN GATEWAY SPECIFIC PLAN (TOYOTA MOTOR SALES, USA/ROSAN RANCH) (BEDFORD/SAN JUAN GATEWAY) (460.20) Proposal: Consideration of a rezone to allow a 27,800 -square -foot automobile dealership as a permitted use within 5 acres of the 17 -acre San Juan Gateway, located on the west side of Camino Capistrano, northerly of Stonehill Drive. Current uses permitted are mined -use office and visitor -service commercial development. The use will be consistent with the General Plan designation of 4.1 (Quasi -Industrial). Applicant: Jack Bloodworth Toyota Motor Sales, USA 19001 South Western Avenue Torrance, CA 90509 Written Communication: Report dated October 5, 1993, from the Planning Director, recommending certification of the Mitigated Negative Declaration and introduction of the Ordinance approving Rezone 90-7. The Rezone will amend Specific Development Plan 90-03 to allow an automobile dealership as a permitted use within the San Juan Gateway. Exhibits were on display, and Christine dilorio, Senior Planner, made an oral presentation Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: (1) The applicant, Jack Bloodworth, National Dealership Facilities Manager for Toyota USA, spoke in favor of the staff recommendation, except for the condition that would require the front parking area to have additional landscaping, as recommended by the Planning Commission in approving Architectural Control 93-06 on September 14, 1993. He stated that this condition was discussed after the public hearing at the Planning Commission meeting had been closed, allowing no opportunity for him to respond. He requested that the original four to five parking spaces be reinstated and the original 10 -foot setback retained because of the spaces' importance to dealership visibility and 'spontaneous purchases." He noted the locations of the various City Council Minutes -5- 10/5/93 ;1161'1 100 parking areas on the site and the need for the 66 -space front parking area to display the dealership's 14 vehicle models. (2) Nancy Ferruzzo, 28291 Via Rueda, expressed concerns regarding site configuration and vehicle parking, particularly the location of car inventory at the front of the property and the location of the building and landscaping at the rear of the property. She felt this configuration was contradictory to the Community Design Element of the City's General Plan, which discourages the appearance of sterile parking lots for commercial uses adjacent to freeways and arterial highways. She noted that years of precedent have been set in this regard and felt that solutions should be found for this project to maintain the character of the City. She suggested that inventory parking be moved to the side and rear of the site. There being no further input, the hearing was declared closed with the right to reopen at any time Council Discussion: Council Member Nash stated that this site has always been a prime piece of property in the City and felt that by allowing this car dealership, more car dealerships may be proposed for the remainder of the site. She expressed concern regarding the accumulative effect of car dealerships from Avenida Aeropuerto to this site. She felt that the proposed site plan would have too many cars visible from Camino Capistrano and the freeway. She noted that most of the other car dealerships in the City complied with City standards. She felt that the product, and not the number of cars visible, was more important to achieve higher sales volume. Motion to Continue Public Hearing for Submission of Alternate Site Plan Failed: It was moved by Council Member Nash, seconded by Council Member Vasquez, that the public hearing be continued to allow the applicant to submit an alternate site plan that would locate the building closer to Camino Capistrano and move the majority of the parking toward the rear of the property, allowing two smaller rows of cars along the front with a drive aisle down the center. Council Member Vasquez inquired what effect the modified configuration, as suggested by Council Member Nash, would have on the dealership. Mr. Bloodworth felt it would have a severe effect upon their day-to-day operation, according to studies that have been conducted on this issue. Mr. Tomlinson noted that the dealership was almost level with the freeway; and because of the elevation of the berm, the display area in front of the building could be seen from the freeway. He stated that staff proposed an increase in landscaping along the northern boundary to the street and screening of the storage area from McCracken Hill. The motion to continue the Public Hearing failed by the following roll call vote AYES: Council Member Nash NOES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones ABSENT: None Introduction of Ordinance ApprovingRezone 90-07: 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 introduced: City Council Minutes -6- 10/5/93 101 APPROVING REZONE 90-7 AND CERTIFYING MITIGATED NEGATIVE ' DECLARATION - AMENDING SAN JUAN GATEWAY SPECIFIC DEVELOPMENT PLAN TO ALLOW AUTOMOBILE DEALERSHIP (KEMPER/TOYOTA)- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION AND AMENDING SPECIFIC DEVELOPMENT PLAN 90-3 FOR SAN JUAN GATEWAY TO ALLOW AUTOMOBILE DEALERSHIP AS A PERMITTED USE (KEMPER/TOYOTA) The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones NOES: Council Member Nash ABSENT: None RECESS AND RECONVENE Council recessed at 8:40 p.m. and reconvened at 8:50 p.m. 2. AMENDMENTS TO THE MUNICIPAL CODE RELATED TO THE APPOINTMENT AND DUTIES OF CERTAIN CITY -APPOINTED COMMISSIONS (420.30) a. Title 2. "Administration." Chapter 2. "Commissions and Boards' ' b. Title 9. "Land Use." Chapter 2. "Administration and Procedures" Proposal: Consideration of amendments to Titles 2 (Administration) and 9 (Land Use) of the Municipal Code to modify the appointment schedule, combine several existing commissions, and refine their duties and responsibilities, pursuant to the City Council's acceptance of the Ad Hoc Committee's recommendations with regard to City commission/committee reorganization on September 7, 1993. Written Communication: (1) Report dated October 5, 1993, from the Planning Director, forwarding an ordinance amending Title 2 and summarizing the proposed modifications necessary to implement the reorganization of the City's Planning Commission, Parks and Recreation Commission, Equestrian and Recreational Trails Commission, Traffic and Transportation Commission, and the Design Review Commission. (2) Report dated October 5, 1993, from the Planning Director, forwarding an ordinance amending Title 9, the Land Use Code, and summarizing the revisions necessary to reflect the new commission/committee duties and responsibilities. Mr. Tomlinson made an oral presentation. Public Hearine: 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. Council Discussion: Council Member Nash felt that the equestrian expertise preferred for two of the Parks, Recreation, and Equestrian Commissioners should be included in the draft Ordinance. Mayor Jones recommended that City Council Minutes -7- 10/5/93 102 the criteria for both the Parks, Recreation, and Equestrian Commissioners and the Planning Commissioners be addressed under a Council Policy in the event there were no candidates with that expertise but there were other very qualified candidates. Council Member Vasquez concurred. Mr. Denhalter advised that if the criteria were included in the Ordinance, any deviation from that criteria would require an amendment to the Ordinance. Council Member Campbell stated that Commissioners are supposed to represent the people and that City staff has the professional expertise to advise. She felt that the Council should not lock itself into a position of having to eliminate qualified and dedicated candidates. Council Member Nash stated a preference that the Planning Commissioner criteria be included in the Ordinance since they must review architectural and planning issues and be able to respond to professionals at meetings. Introduction of Ordinance Amending Title 2 Chapter 2 of the Municipal Code: 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 introduced, as amended to delete the requirement that two Planning Commissioners be professionals: AMENDING TITLE 2OFTHE MUNICIPALCODE-APPOINTMENTS. DUTIES, AND RESPONSIBILITIES OF COMMISSIONS AND BOARDS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION), CHAPTER 2 (COMMISSIONS AND BOARDS) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE - APPOINTMENTS, TERMS OF OFFICE, COMMISSION AND BOARD DUTIES AND RESPONSIBILITIES The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None Council Policy for Technical Requirements: There was a consensus of Council that technical requirements for all Commissioners shall be compiled into a Council Policy, including the architectural/planning expertise for two members of the Planning Commission and the equestrian expertise for two members of the Parks, Recreation, and Equestrian Commission. Introduction of Ordinance Amending Title 9 Chapter 2 of the Municipal Code: 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 introduced: AMENDING TITLE 9 OF THE MUNICIPAL CODE - DUTIES OF CERTAIN CITY -APPOINTED COMMISSIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 (LAND USE), CHAPTER 2 (ADMINISTRATION) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO DUTIES OF APPOINTED COMMISSIONS/COMMITTEES IN ADMINISTRATION OF THE PROVISIONS OF THIS TITLE City Council Minutes -8- 10/5/93 103 The motion carried by the following vote: ' AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 3. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT WITH COMMUNITY SERVICE PROGRAMS (CSP. INC.) FOR PROPERTY LOCATED AT 31762 CAMINO CAPISTRANO (400.20) Proposal: Consideration of a request from CSP, Inc., a non-profit organization providing gang prevention programs in the community through a contract with the City, to lease office space in the "Old City Hall" portion of the El Peon complex located at 31762 Camino Capistrano. The space will be used to conduct the administrative functions related to their services. Applicant: CSP, Inc., 17200 Jamboree Road, #D, Irvine, 92714 Written Communication: Report dated October 5, 1993, from the Director of Administrative Services, recommending that the proposed Lease Agreement with CSP be approved. ' Public Hearine: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: (1) Max Madrid, CSP Director for Gang Prevention, explained that the office would be used primarily for administrative work, as a centralized contact location, and possibly some individual counseling of youths and/or parents. He noted that he is working with the Teen Center, elementary schools, Marco Forster School, and the Guidance Center in Santa Ana. (2) David Swerdlin of Mission Photography, 31762 Camino Capistrano, spoke in support of the CSP Program and staff recommendation. He felt that the concerns of the merchants in the area had been addressed and that any problems with congregating youths could be easily resolved. There being no further input, the hearing was declared closed with the right to reopen at any time. Approval of Lease Agreement with CSP. Inc.: It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and unanimously carried that the Lease Agreement between CSP, Inc. and the Community Redevelopment Agency be approved for the use of office space in the El Peon complex located at 31762 Camino Capistrano, at no charge, on a month -to -mouth basis beginning October 5, 1993. Council recessed at 9:17 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and ' reconvened at 9:18 p.m. City Council Minutes -9- 10/5/93 104 ADMINISTRATIVE ITEMS CITY MANAGER 1. NINTH AMENDMENT TO FIVE-YEAR LAW ENFORCEMENT SERVICES AGREEMENT FOR FISCAL YEAR 1993-94 - CONVERSION TO FULL-TIME POLICE LIEUTENANT (600.50) Written Communication: Report dated October 5, 1993, from the City Manager, recommending that the City's contract with the Orange County Sheriffs Department be amended to provide for a full-time Police Lieutenant, as directed by the City Council on September 7, 1993. Approval of Amendment: It was moved by Council Member Vasquez, seconded by Council Member Campbell, and unanimously carried that: (1) The Ninth Amendment to the Five -Year Law Enforcement Services Agreement be approved to provide for a full-time Police Lieutenant for the period from October 15, 1993, through June 30, 1994; and (2) An additional appropriation in the amount of $42,844 be authorized from the General Fund Reserve to Account No. 01-62191-4210 to fund this position for the remainder of the 1993-94 fiscal year. 2. RESOLUTION SETTING FEES FOR RECEIPT, PROCESSING, AND INSPECTION FOR "NO SOLICITING" AREAS (585.10) Written Communication: Report dated October 5,1993, from Jennifer Murray, Assistant to the City Manager, recommending that a $100 application processing fee and a $25 inspection fee be established to cover the City's costs for processing each application for "No Soliciting" areas. Adoption of Resolution Establishing Fees for "No Soliciting' Applications: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO. 93-10-5-2, ESTABLISHING FEES FOR PROCESSING "NO SOLICITING" APPLICATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING FEES FOR RECEIPT, PROCESSING, AND INSPECTION OF PETITIONS FOR "NO SOLICITING" AREAS PURSUANT TO CHAPTER 24, TITLE 5 OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None City Council Minutes -10- 10/5/93 105 3. INTRODUCTION OF ORDINANCE RELATING TO ABANDONMENT OF SHOPPING ' CARTS (585.10) Written Communications: (1) Report dated October 5, 1993, from Jennifer Murray, Assistant to the City Manager, recommending that the draft Ordinance be introduced to address the problems of blight and potential nuisance as a result of abandoned shopping carts in the Casa de Capistrano and Capistrano Villas neighborhoods. The Ordinance authorizes City staff to cause the abatement of abandoned shopping carts on public or private property and establishes fees for the removal and storage of the carts. All costs for the abatement would be reimbursed by the cart owners or responsible parties. (2) Letter dated October 4, 1993, from Maurice E. Harrison III of The Vons Companies, Inc., in opposition to the proposed Ordinance. (3) Letter dated September 30, 1993, from Beth Beeman, Director of City/County Governmental Relations for the California Grocers Association, in opposition to the proposed Ordinance and requesting City cooperation with the California Grocers Association to resolve the problems. Jennifer Murray, Assistant to the City Manager, made an oral presentation. She expressed a desire to work with the California Grocers Association to improve the shopping cart situation and discuss their ideas to resolve the problem. Council Member Hausdorfer noted that it was staff's intention to work with residents and educate homeowners associations about the problem through the Neighborhood Preservation Program. Public Comments: ' (1) Beth Beeman, Director of City/County Governmental Relations for the California Grocers Association (CGA), 1 World Trade Center #480, Long Beach 90831, on behalf of all major chain grocery stores, introduced Steve Frasure of Ralphs and Gary Edwards of Vons, who were in attendance. She indicated California Grocers Association's willingness to resolve the problem with City staff and suggested that a meeting be scheduled with the Sheriff's Department, affected businesses, the City's Code Enforcement Officer, and the City Manager to discuss possible resolutions to this matter. She noted that $14 million is spent each year to retrieve carts and another $4 million to replace those that are not recovered. She explained that California Grocers Association has tried many methods to resolve the problem, and none have been effective. She noted that a test program being conducted by the California Shopping Cart Retrieval Corporation in the San Fernando Valley has been very successful to date. The program is being tested through January 1994 and is planned for use in the Southern California area sometime thereafter. She requested a continuance of the item, stating that their program would not be effective if the City decided to confiscate the carts. She urged that California Grocers Association be allowed to resolve the problem their own way and give the program time to work. (2) Kathleen Lawrence, on behalf of the San Juan Price Club, 33961 Doheny Park Road, San Juan Capistrano, spoke in opposition to the draft Ordinance and requested that they be included in discussions with California Grocers Association to resolve the problem. She stated that the Price Club's test program of paying a quarter for returned carts had not worked. She noted that the Price Club conducts a "neighborhood sweep" every night but still finds it difficult to control the problem. (3) Daniel Poppa, Jr., 26552 Calle Santa Barbara, spoke in favor of the draft Ordinance because it would help relieve the problem in the Capistrano Villas and would be low cost to the City. He noted that many residents are angry because the problem is so prevalent in the area. He felt that the "voluntary" efforts by the stores have not worked and that there would be no City Council Minutes -11- 10/5/93 106 incentive to resolve this problem if the Ordinance were not adopted. He stated that the major stores could still implement their own program but that the Ordinance would address the problem immediately. Council Comments: Council Member Vasquez concurred with the concerns expressed by the residents and noted that carts are a nuisance and safety hazard in his neighborhood as well. He stated that if California Grocers Association's program were successful, it would work with the City's Ordinance and lessen the impact on local stores. Council Member Nash stated that the City has tried to work with the stores and voluntary measures in the past with no success. She felt it was the stores' responsibility to educate the public about the problem and that there were other stores that would not be included in the California Grocers Association program. Mayor Jones suggested that the City continue to work with the California Grocers Association and noted that the City's Ordinance would not affect California Grocers Association's test program. Council Member Nash recommended that the 24-hour possession period in Section 5-25.12 be deleted from the proposed Ordinance since violators would claim to have been given permission to hold a cart for 24 hours. Mr. Denhalter added that deletion of that section would make enforcement easier as well. Council Member Vasquez felt many residents needed the carts to carry their groceries home. Council Member Nash felt that residents should bring their own conveyance to the market instead of taking the carts home. She noted that although State law prohibits the removal of carts from store property, the Sheriff's Department is reluctant to retrieve the carts for evidence. Introduction of Ordinance Regulating Abandoned Shopping Carts: 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 Nash, seconded by Council Member Vasquez, that the following Ordinance be introduced, as amended to delete the 24-hour possession clause in Section 5-25.12 (Unlawful Possession): AMENDING TITLE 5 OF THE MUNICIPAL CODE - ADDING CHAPTER 25 RELATING TO ABANDONMENT OF SHOPPING CARTS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 25, "ABANDONMENT OF SHOPPING CARTS" 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 ADDITIONAL ITEM - PURCHASE OF TRUCKS (370.30) Earlier in the meeting, the Council voted unanimously 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 October 5, 1993, from the Director of Public Lands and Facilities, recommending that the City waive the formal bidding process in order to purchase two 1992 Chevrolet C2500 pickup trucks powered by compressed natural gas from Sopp Chevrolet in Bell for approximately $2,000 less than the State's $17,100 purchase contract price. The trucks would replace two existing 1982 trucks, and purchase would be required by Sopp Chevrolet by October 6, 1993. City Council Minutes -12- 10/5/93 107 ADnroval of Purchase of Two Trucks: ' It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried to concur with the City Manager that because adherence to a bid procedure would not produce the most economically feasible result in this purchase, that staff be authorized to immediately purchase two 1992 Chevrolet 02500 compressed natural gas pickup trucks from Sopp Chevrolet for $14,937.98 each, plus tax. DIRECTOR OF PLANNING SERVICES 1. CONSIDERATION OF LETTER OF UNDERSTANDING REGARDING USE OF FUNDS - CALIFORNIA PARKS AND WILDLIFE INITIATIVE (FRIENDS OF HISTORIC SAN JUAN) (630.30) (CONTINUED FROM SEPTEMBER 21. 1993) Mayor Jones indicated he would abstain due to a potential conflict of interest in this matter because of equestrian issues referred to in the Letter of Understanding. Mayor pro tem Campbell presided. Written Communication: Report dated October 5, 1993, from the Planning Director, recommending that the City Council approve the areas of mutual interest with the Friends of Historic San Juan and send a letter of understanding to identify where and how funds from the successful passage of the Parks and Wildlife bond initiative (CALPAW) would be expended. The letter would not obligate the City to expend any City funds. The Report addressed the costs to City residents in the event the initiative is passed. This item was continued from the meeting of September 21, 1993, for City staff to review portions of the letter regarding the relationship of the ongoing Historic Town Center planning process. Mr. Tomlinson made an oral presentation. He noted that the Historic Town Center workshop schedule ' had been revised, and the next workshop was scheduled in January 1994. Council Member Hausdorfer indicated he would not support the Letter of Understanding as it prematurely committed the City to future plans that have not been approved. He felt the workshop process for the Historic Town Center should be followed and noted that the City's boards and commissions had not reviewed the letter for their input. He noted that Council had already adopted a resolution supporting the Initiative and expressed concern with the role the City would be playing in sending the letter and that the Historic Town Center process was far more public than this item. David Swerdlin, board member of Friends of Historic San Juan, 26172 Via Toledo, emphasized that there was no intention of pre-empting the public workshop process with this Letter of Understanding and that the letter did not warrant the concerns expressed by Council Member Hausdorfer. He indicated that the letter states that should the public process decide upon projects that are a part of the initiative, those projects shall be funded. He noted that the recommendations of the ad hoc committee in 1987 were included in the initiative. Council Member Vasquez concurred with Mr. Swerdlin that the letter would not pre-empt the public workshop process and was only requesting the City's support. Council Member Nash concurred and noted that the City would benefit with $3.5 million in funding should the initiative pass. However, she recommended that the words "will" or "shall" be changed to "may" to address Council Member Hausdorfer's concerns regarding the specifics in the letter. She felt the City should do everything possible to support the Historic Town Center project and obtain funding for it and that the Historic Town Center process should take priority. Motion for Non -Authorization of Letter Re: Use of Funds (CALPAW) Failed: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the Mayor not be authorized to execute the Letter of Understanding on behalf of the City Council to identify where City Council Minutes -13- 10/5/93 1110 and how funds from the successful passage of the Parks and Wildlife bond initiative (CALPAW) would be expended. The motion failed by the following roll call vote: AYES: Council Member Hausdorfer and Mayor pro tem Campbell NOES: Council Members Nash and Vasquez ABSTAIN: Mayor Jones ABSENT: None There was no further action taken on this item. RECESS AND RECONVENE Council recessed at 10:15 p.m. and reconvened at 10:20 p.m. 2. CONSIDERATION OF BUSINESS PROMOTION BANNER OPTIONS (410.40) Written Communication: Report dated October 5, 1993, from the Planning Director, setting forth 4 options in response to the Council's direction on July 20, 1993, regarding ways the City could assist the local business community in conducting special promotions of their products or services, particularly promotional banners. Staff recommended that a specific period of the month be designated for conducting a Citywide promotional event in concert with the monthly San Juan Marketplace to maximize the effectiveness of banners and maintain the special character of the community the remainder of the month. Mr. Tomlinson reviewed each of the four options considered by staff. He stated that the purpose of this type of promotion was to identify businesses and not to sell products. He noted that Option #1, recommended by staff, would not require the issuance of permits, but would require compliance with City design and location standards. David Boucher of Chases Olive Barrel, 31781 Camino Capistrano, requested that an alternate period of time when the Market Place does not take place should be addressed with regard to this promotion. Connie Mndig, President of the Chamber of Commerce, stated the Chamber's preference for Option #4, since it would provide an enforcement moratorium during a designated period. She stated that restricting the promotion to the first weekend of the month may not allow certain businesses to advertise to their best advantage. She recommended that the banner moratorium be from Thursday to Sunday in Option #4 and felt that the promotion would help local businesses during the holiday season. Council Member Nash stated that she would not support the banner promotion since there is no evidence or studies that prove banners help businesses. She stated that no other community groups or homeowner associations were notified of this program despite the fact that the program would affect everyone in the City. She felt there should be a public hearing process to receive public input as the program may affect property values. She stated she would not oppose the program if it were acceptable to the public. She felt that the banners would not increase businesses' visibility, would just constitute another sign, and could create a negative visual impact. She stated that the effectiveness of the program would be difficult to assess through sales tax until after the holiday season. She noted that the economic study currently being conducted to determine how the City can help increase local business has received little indication that the banner method is successful in that regard. Council Member Vasquez suggested that the effectiveness of the program could be assessed with a comparison with last year's sales tax during the same period. He felt this type of promotion was City Council Minutes -14- 10/5/93 109 desperately needed by some, but not all, businesses. He felt it would not be a blight but would send ' a message that the City cares about its businesses, particularly in this difficult economy. Establishment of a Monthly Business Promotional Weekend: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that under the provisions of the Special Activities permit program, a City -endorsed monthly business promotional weekend be approved beginning the first Thursday of each month for an initial six-month period, to allow businesses to display banners from Thursday through Sunday consistent with the City's design standards. The motion carried by the following roll call vote: AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones NOES: Council Member Nash ABSENT: None DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. APPROVAL OF BUDGET AMENDMENT - VILLAGE ROAD STAMPED CONCRETE 30.40 Written Communication: Report dated October 5, 1993, from the Director of Engineering and Building, recommending that the existing stamped concrete be ground to eliminate the noise problems on Village Road in the Village San Juan community, at a cost of $6,500. ' Authorization to Appropriate Funds for Village Road Stamped Concrete Project: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that funds in the amount of $6,500 be appropriated from Systems Development Fund balance for the Village Road Stamped Concrete Project. 2. PROPOSED URGENCY ORDINANCE TO DENY, SUSPEND, OR REVOKE CONSTRUCTION PERMITS ON CONSTRAINED SITES DURING WINTER SEASON (OCTOBER 15 THROUGH APRIL 15)(45030) Written Communications: (1) Report dated October 5, 1993, from the Director of Engineering and Building, recommending that an Urgency Ordinance be adopted to allow the Building Official to deny, suspend, or revoke permits for grading or substantial construction on property where there are inadequate driveways, steep topography, or other constraints during the winter period of October 15 to April 15 to avoid potential damage to public and private property. (2) Letter dated October 5, 1993, from Christine M. Diemer, Executive Director of the Building Industry Association of Southern California, Inc. (BIA), in opposition to the proposed Ordinance and recommending that BIA's Builder Liaison Committee work with City staff to address the problems. Mr. Huber made an oral presentation and explained the difference between current regulations and the proposed Ordinance, which would allow City officials greater latitude in denying grading permits or suspending or revoking existing grading permits. A decision to deny, suspend, or revoke a permit would ' be based on constrained sites. Kelly Sylvester, Community Affairs Manager for BIA, 9 Executive Circle #100, Irvine, 92714, stated that the Building Liaison Committee opposed the proposed Ordinance on principle as it may not apply to City Council Minutes -15- 10/5/93 110 many of their members. They felt it was excessively restrictive and allowed the building official too much latitude in denying or revoking permits. She suggested that the City impose proper mitigation measures prior to the issuance of grading permits to resolve these types of problems. She noted that the committee would meet on October 27 and suggested that they provide the City with a joint recommendation to resolve this issue. Council Member Hausdorfer noted that sometimes mitigation measures are simply ignored at construction sites. He felt that this Ordinance was the only way to remedy the problems and protect the City's residents and was not intended to hurt the building industry. Council Member Campbell concurred and noted that many residential properties have been greatly damaged by construction projects that did not adhere to mitigation measures during the rainy season. Adoption of Urgency 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 Nash, seconded by Council Member Hausdorfer, that the following Urgency Ordinance be adopted: ORDINANCE NO. 736, AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - CONDITIONS FOR DENIAL SUSPENSION. OR REVOCATION OF CERTAIN PERMITS DURING PERIOD OF OCTOBER 15 THROUGH APRIL 15 (URGENCY) -AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTERS 1 AND 2 OF TITLE 8, BUILDING REGULATIONS, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO DENY, SUSPEND, OR REVOKE A PERMIT FOR CONSTRUCTION LIABLE TO CONSTITUTE A HAZARD TO PUBLIC WELFARE OR DAMAGE PUBLIC OR PRIVATE PROPERTY (URGENCY) The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None DIRECTOR OF PUBLIC LANDS AND FACILITIES 1. RESOLUTION APPROVING GRAFFITI REMOVAL AGREEMENT (COUNTY OF ORANGE) (600.50) Written Communication: Report dated October 5, 1993, from the Director of Public Lands and Facilities, recommending that the City's participation in the Orange County Graffiti Abatement Program be approved to provide no -cost removal of graffiti by the County from public and private property adjacent to flood control facilities. Council Member Nash suggested that a letter be forwarded to the County requesting that colors be matched as best as possible and that a timeframe for removal be specified by the County. Mr. Scarborough indicated that a letter would be sent from the City to the County Board of Supervisors congratulating them on their efforts in this matter, which would include the concerns expressed by Council Member Nash. He noted that this Agreement would not affect the City's Graffiti Ordinance or the timely removal of graffiti in the City. City Council Minutes -16- 10/5/93 111 Adootion of Resolution Aoprovine Graffiti Abatement Agreement with Count ' It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the following Resolution be adopted approving the five-year Graffiti Abatement Agreement with the County of Orange for the no -cost removal of graffiti from City public and private property adjacent to flood control facilities: RESOLUTION NO. 93-10-5-3. APPROVING ORANGE COUNTY GRAFFITI REMOVAL AGREEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING PARTICIPATION IN THE ORANGE COUNTY GRAFFITI REMOVAL AGREEMENT The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None DIRECTOR OF COMMUNITY SERVICES 1. CONSULTANT SERVICES AGREEMENT FOR GANG PREVENTION SERVICES (CSP. INC.) (600.30) Written Communication: ' Report dated October 5, 1993, from the Director of Community Services, recommending that an agreement be approved with CSP, Inc. for providing gang prevention services to San Juan Capistrano in conjunction with the Tri -City South Orange County Gang Prevention Program. The City's costs for these services for the remainder of the 1993-94 fiscal year would be $26,838. Mr. King made an oral presentation and noted that CSP was currently working with the Sheriff's Department to resolve the problems occurring at Franciscan Plaza and La Zanja, Mayor Jones commended Max Madrid on his personal involvement in this community. Approval of Agreement with CSP. Inc.: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that the Agreement for contractual services with CSP, Inc. be approved for the provision of gang prevention programs to San Juan Capistrano in conjunction with the Tri -City South Orange County Gang Prevention Program, for the period beginning October 1, 1993, through June 30, 1994, in the amount of $26,838 for the City's portion of the services. The Mayor was authorized to execute the Agreement on behalf of the City. COUNCILMANIC ITEMS 1. ACCEPTANCE OF RESIGNATION - PARKS AND RECREATION COMMISSION (TERRY DORSE) (110.20) Written Communication: Report dated October 5, 1993, from Carole Jacklin, Council Services Manager, forwarding the letter of ' resignation from Terry Dorse from the Parks and Recreation Commission. City Council Minutes -17- 10/5/93 112 Acceptance of Resignation/Declaration of Vacancy: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried to accept the resignation of Terry Dorse. 2. ORAL REPORTS OF OUTSIDE AGENCIES a. League of California Cities (140.20) Council Member Hausdorfer noted the meeting scheduled for October 7, 1993, for the installation of new officers, which he would be unable to attend. COUNCIL COMMENTS 1. RED RIBBON WEEK CELEBRITY STAR CHALLENGE (150.60) Council Member Campbell encouraged attendance at the Celebrity Basketball Game at 5:00 p.m. on October 16 at Dana Hills High School and the Celebrity Softball Game at 1:00 p.m, on October 17 at the Del Obispo Parks and Recreation Center, with proceeds to benefit the Red Ribbon Week Poster/Essay Contest. She indicated she would be unable to attend the post -game VIP reception to be held at 8:00 p.m. at the Dana Point Resort on October 17 and suggested that another Council Member attend on behalf of the City. 2. CALENDAR OF EVENTS (150.60) Council Member Campbell commended Mr. King, Linda Evans, and Karen Crocker of the Community Services Department for compiling the community events calendar that she previously requested. 3. DECEMBER MEETING DATES (610.15) Mr. Scarborough indicated that discussion on the Council's December meeting schedule would be agendized for the meeting of October 19. Council recessed to a Closed Session at 10:55 p.m. for discussion of litigation per Government Code Section 54956.9(a) (Committee to Restore Guegrity v. City, Negrete v. Friess), the City Clerk being excused therefrom, and reconvened at 11:30 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:30 p.m. to the next regular meeting date of Tuesday, October 19, 1993, at 7:00 p.m. in the City Council Chamber. ATTEST: % GILNQNES, MAYOR City Council Minutes Respectfully submitted, CHERYL JOHNSOM, CITY CLERK -18- 10/5/93