93-1207_CC_Minutes_Regular Meeting161
DECEMBER 7, 1993
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPMTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by
Mayor Jones at 7:03 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Monsignor Paul Martin of the Mission San Juan Capistrano.
ROLL CALL PRESENT: Collene Campbell, Mayor
Carolyn Nash, Mayor pro tem
Gil Jones, Council Member
ABSENT: Gary L. Hausdorfer, Council Member
Jeff Vasquez, Council Member
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; Lt. Paul Sullivan, Orange County Sheriffs Department; Nancy Bernardi, Recording Secretary.
Collene Campbell assumed the duties of Mayor.
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION TO OUTGOING MAYOR (610.40)
Mayor Campbell commended Council Member Jones for his dedication and service to the community
during his term as Mayor. She noted his friendliness, integrity, and concern for children and thanked
his family for their support. Council Member Jones was presented with a gavel plaque and a building
plaque to be placed on his historic residence commemorating his term as Mayor. Council Member
Jones expressed appreciation to his wife and family and extended best wishes to Mayor Campbell on
her appointment. Council Member Jones' wife, Millie, was presented with a bouquet of roses.
Mayor Campbell stated that her goals as Mayor included the protection of San Juan Capistrano
residents through additional police protection and other measures, including the volunteers of the
Associated Senior Action Program (ASAP). She commended the efforts of City staff for their
preparation during the recent fires and last winter's storms. She stated that her other goals included
having the Senior Center building completed at the Kinoshita Farm Open Space site before the end of
1995, improving communications with citizens, improving understanding by the public of City projects
and programs, promoting confidence in City government, and publicly recognizing outstanding citizens
in the community. She introduced her family and various judges, officials, former Mayors, and friends
in attendance.
Mr. Scarborough noted that a letter was received from Governor Pete Wilson congratulating Mayor
Campbell on her appointment.
2. PRESENTATION TO OUTGOING COMMISSIONERS (110.30)
Mayor Campbell presented City plaques to the following outgoing Commissioners in appreciation of
their service to the City: Tom Baker (Parks and Recreation Commission), Terry Dorse (Parks and
City Council Minutes -1- 12/7/93
162
Recreation Commission), Joseph Samperi (Traffic and Transportation Commission), Diane Starnes
(Equestrian and Recreation Trails Commission), and Milton Long (Equestrian and Recreation Trails
Commission). Dennis Haehn (Traffic and Transportation Commission and Planning Commission) was
not in attendance to receive his plaque.
3. PRESENTATION OF 1993 COMMUNITY PRIDE AWARDS (610.301
Written Communication:
Report dated December 7, 1993, from Carole Jacklin, Council Services Manager, announcing the
recipients of the 1993 Community Pride Awards for excellence in building design, maintenance, and
landscaping.
Presentation of Awards:
Mayor Campbell presented Certificates of Recognition to the following establishments: Franciscan Plaza
(Retail), San Juan Corporate Plaza (Commercial), and Endevco Corp. (Industrial), Vaquero West
Mercantile Co. (Special Recognition), and the Avila Adobe (Special Recognition). Paul Farber of
Franciscan Plaza, Jeannie Workman and Tom Sallinger of Endevco, and Tim Holstein of Vaquero West
Mercantile were in attendance to receive their Certificates.
4. PRESENTATION OF DONATION TO CITY BY SAN JUAN BEAUTIFUL. INC. (610.40)
Marj Baumgartner, President of San Juan Beautiful, Inc., presented three checks to be used for the
following special projects: $2,000 to be placed in an escrow account for trees in the proposed park on
San Juan Creek Road; $2,500 to be placed in an escrow account for trees at the Library parking lot and
landscaping at the Amtrak railroad platform; and $500 for approximately ten trees in the City parks,
medians, etc. She expressed appreciation to City staff for their cooperation on San Juan Beautiful
projects.
Council Member Nash expressed appreciation to San Juan Beautiful for their donation and outstanding
contributions to the City.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYI
1. COUNCIL REORGANIZATION (610.801
Millie Walls, 31492 Via Lucinda, member of the San Juan Seniors, congratulated Mayor Campbell on
her appointment and expressed appreciation to outgoing Mayor Gil Jones for his positive work in the
community and with the seniors.
2. INTERIM USE OF NORTHWEST OPEN SPACE SITE (530.40)
Maureen Stevana, 27511 Vantage Circle, spoke in opposition to the proposed equestrian use at the
Northwest Open Space site. She felt the use was not in the best interest of the community nor was it
the best use of the land. She noted that petitions were being circulated against the project for
presentation to the City at a later date.
RECESS AND REt ONVENE
Council recessed at 7:50 p.m. and reconvened at 7:52 p.m.
City Council Minutes -2- 12/7/93
163
ORAL COMMUNICATIONS (CONTINUED)
' 3. TEEN CENTER (960.102
Ken Friess, 31506 Paseo Christina, noted the recent achievements of the flag football team, which is
comprised of youths from the Teen Center and the Boys and Girls Club, at the Orange County
Championship playoffs. He expressed appreciation to the City for their support of these organizations.
He noted the community barbecue scheduled for Saturday, December 10 at the San Juan Elementary
School, in recognition of the team.
4. INTERIM USE OF NORTHWEST OPEN SPACE SITE (530.40)
Larry Buchheim, 31591 Paseo Don Jose, congratulated Mayor Campbell and CRA Chairman Nash on
their appointments. He advised that the Buchheim family's Pueblo Serra site would no longer be
available for public use and community events. He apologized that it may have been his family's action
that motivated Mr. Harris to submit his proposal.
It was moved by Council Member Nash, seconded by Council Member Jones, 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 Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Members Hausdorfer and Vasquez
1. APPROVAL OF CITY COUNCIL MINUTES -
REGULAR MEETING OF NOVEMBER 2, 1993
The Minutes of the Regular Meeting of November 2, 1993, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
REGULAR MEETING OF NOVEMBER 2. 1993
The Minutes of the Regular Meeting of November 2, 1993, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF NOVEMBER 1993 (300.30)
The List of Demands dated October 31, 1993, in the total amount of $1,014,089.63 and the List of
Demands dated November 24, 1993, in the total amount of $928,546.77 were received and filed.
4. DENIAL OF CLAIM - ABUSE OF PROCESS. DEFAMATION. AND VIOLATION OF
CIVIL RIGHTS (CARLOS, JUAN. AND ISABEL NEGRETE)(170.10)
The claim received by the City on November 12, 1993, from Carlos F. Negrete, on behalf of himself,
Juan Negrete, and Isabel Negrete, in the amount of $10,000,0000 for abuse of process, defamation, and
violation of civil rights, was denied, as set forth in the Report dated December 7, 1993, from the City
Attorney.
City Council Minutes -3- 12/7/93
164
5. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT
040937 ALLOWING ADDITIONAL FUNDS FOR DESIGN AND CONSTRUCTION OF
IMPROVEMENTS TO LACOUAGUE BUILDING - YEAR 16 (COUNTY OF ORANGE)
(60050)
As set forth in the Report dated December 7, 1993, from the Planning Director, the following
Resolution was adopted authorizing the Mayor to execute the amendment to Contract C40937, the Year
16 application for Community Development Block Grant funding, to allow for the remaining $17,692.16
in the contract to be used for design costs and construction improvements of the Lacouague Community
Building at 31421 La Matanza Street:
RESOLUTION NO. 93-12-7-1 AUTHORIZING_ AMENDMENT TO YEAR 16
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN AN
AMENDMENT TO YEAR 16 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT C40937 FOR IMPROVEMENT TO THE LACOUAGUE
COMMUNITY BUILDING
6. AWARD OF BIDS - CITY VEHICLES AND EQUIPMENT (370.30)
As set forth in the Report dated December 7, 1993, from the Director of Public Lands and Facilities,
the contracts for various City vehicles and equipment were awarded to the following lowest responsible
bidders: Action Rentals (emergency generator, $18,829.31); Tuttle -Click Ford (1/2 -ton pickup,
$11,719.70); and Allen Oldsmobile (1 -ton utility van, $18,448.07). All other bids were rejected. The
Mayor and City Clerk were authorized to execute the contracts on behalf of the City.
STATUS REPORT ON PERMIT PARKING - CAPISTRANO VILLAS (570.70)
The Report from Jennifer Murray, Assistant to the City Manager, setting forth the status of the
proposed permit parking program for the Capistrano Villas neighborhood and advising that
consideration of the program was tentatively scheduled for January 4, 1994, was received and filed.
8. MODIFICATION TO CONTRACT FOR YEAR-ROUND FUNDRAISING SERVICES
(CALIFORNIA RIVIERA PROMOTIONS) (600.30)
As set forth in the Report dated December 7, 1993, from the Director of Community Services, the City's
contract with California Riviera Promotions for year-round fundraising services was modified to provide
advance payments to California Riviera Promotion of $2,000 per month as payment against commissions
received later, for a total advance of $12,500. Written Communications included a letter dated
November 29, 1993, from Jane Casanova of California Riviera Promotions in support of the modified
contract.
9. REQUEST FOR WAIVER OF FEES FOR PROCESSING GENERAL PLAN
AMENDMENT 93-06 PRIMA DESHECHA LANDFILL (COUNTY OF ORANGE) AND
GENERAL DEVELOPMENT PLAN (SOLID WASTE FACILITY PERMIT NO.30-AB-019)
(44025)
As set forth in the Report dated December 7, 1993, from the Planning Director, the request by Orange
County Integrated Waste Management to waive processing fees for General Plan Amendment 93-06 for
the Prima Deshecha Landfill was denied.
The following item on the Consent Calendar was considered separately, as requested by Council Member Jones:
City Council Minutes 4- 12/7/93
165
SETTING PUBLIC HEARING DATE - APPEAL OF PLANNING COMMISSION
' ACTION. INSTALLATION OF PLAYGROUND AND TREE REMOVAL PERMIT
AT McDONALD'S. RESTAURANT, ARCHITECTURAL CONTROL 73-1006
(MODIFICATION) (410.60)
Council Member Jones expressed concern that the City Council's appeal of the McDonald's playground,
which was conditionally approved by the Planning Commission on November 9, 1993, would delay the
processing of the project. He felt that the project would have many benefits and would make the
restaurant more compatible with other similar restaurants in the County. He indicated his support of
the project and felt that the project should be processed quickly and that the Council should consider
the needs of businesses in the community. Staff advised that the recommended date of January 4 for
the public hearing would not delay the processing of the project.
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried
that a public hearing be set for January 4, 1994, for the City Council's appeal of the Planning
Commission's approval of Architectural Control 73-1006 (Modification), for a McDonald's playland and
tree removal permit at the restaurant located at 31822 Del Obispo Street.
PUBLIC HEARINGS
1. REQUEST TO SUBDIVIDE A.98 -ACRE PARCEL INTO FOUR PARCELS LOCATED
AT 28232 ORTEGA HIGHWAY. TENTATIVE PARCEL MAP 92-107 (HANKEIQ (420.70)
Proposal:
Consideration of a request to subdivide a .98 -acre parcel into four parcels of 10,000 square feet each
for potential custom home development at the southeast corner of Ortega Highway and Via Cristal.
' Proparty Owner/Applicant:
Lorna Ross and John Hankey
9152 Loma Street
Villa Park, CA 92667
Written Communication:
Report dated December 7, 1993, from the Planning Department, recommending certification of the
Environmental Impact Report and approval of the subdivision based on findings for tentative parcel map
approval.
Mechelle Lawrence, Assistant Planner, made an oral presentation. She noted a proposed revision to
the draft Resolution condition regarding the installation of a 22 -foot -high fence to reduce noise levels
exceeding 60 CNEL. Because of the impracticality of the height, staff recommended consideration of
a condition requiring the installation of a noise attenuation wall not to exceed 6 feet in height. She
noted that this condition would be consistent with similar mitigation measures required of the adjacent
historic Rosenbaum property.
Public Hearine:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the
following persons responded:
(1) Marjorie Mize LeGaye, attorney on behalf of the applicants, distributed an analysis prepared
by acoustical engineer Gordon Bricken & Associates, which concluded that noise levels
exceeding 60 CNEL could not be reduced without a 22 -foot -high wall, which the applicants felt
would be impractical and a financial burden. The report also noted that no other residential
development in the area has been able to meet the City's requirement in this regard. She felt
it would therefore be discriminatory to require these mitigation measures for this project only
City Council Minutes -5- 12/7/93
166
and requested that the requirement be waived. She noted that the property lies 7 feet below _
the existing 3 -foot wall and felt that interior mitigation measures and landscaping would be
effective. In addition, she felt there was some confusion over whether a Historical American
Building Survey (HABS) would be required if the historic Hankey residence were relocated
instead of demolished. She noted that Michael Palmer has expressed a desire to purchase the
lot adjacent to Ortega Highway and relocate the Hankey residence to face Via Cristal.
Mr. Bobertz noted that because the acoustical engineering report had been submitted to the Planning
Department at 3:00 p.m. prior to the meeting, staff was unable to adequately review the document. He
noted that the same firm, Gordon Bricken & Associates, had recommended only a 7 -foot -high wall for
the Rosenbaum property to mitigate noise impacts. He stated that a complete Historic American
Building Survey would be required whether the residence was relocated or demolished because of the
potential for damage during relocation. He noted that some of the intricate detail required in the
Historical American Building Survey had been deleted which would reduce the cost to the applicant.
Ms. LeGaye also distributed a diagram of the house placement as proposed by Mr. Palmer.
She stated that this proposal would allow for the preservation of the house and that the
relocation would not require any dismantling of the building.
Council Discussion:
Council Member Jones felt that City staff should meet with the applicants and their representatives to
discuss the above-mentioned issues prior to the Council taking any action. Council Member Nash
recommended that the draft Resolution be adopted as proposed by staff to allow the project to continue
until a decision is made by the applicant whether to demolish or relocate the residence. Ms. LeGaye
expressed a preference that the hearing be continued to clarify the Historical American Building Survey
requirement and for City staff to communicate with the acoustical engineer.
Continuation of Public Hearin ¢:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried
that the hearing be continued to the meeting of January 4, 1994.
Council recessed at 8:33 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 8:50 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
Council Member Jones indicated he would abstain on this item due to a potential conflict of interest relating to
the proximity of the project to his residence/business.
1. RESOLUTION APPROVING A FOUR-HOUR PARKING ZONE. NORTH END OF
CAPISTRANO DEPOT PARKING LOT (570.30)
Written Communication:
Report dated December 7, 1993, from Douglas Dumhart, Management Assistant, recommending
establishment of a "Four -Hour Parking Only" zone in the entire north end parking lot at the Capistrano
Depot, to be used on a first-come, fust -serve basis, upon the completion of the temporary parking at
the EI Camino Real lots.
Mr. Scarborough made an oral presentation.
City Council Minutes -6- 12/7/93
167
Public Comments:
Pete Henderson, owner of the Rio Grande Bar and Grill located at the Capistrano Depot, requested
that his establishment have exclusive use of the north end of the parking lot to allow sufficient parking
for his business to survive.
Council Member Nash advised that the Council was concerned about parking in the area and that a
parking study would be conducted for the Rio Grande Bar and Grill, Vaquero West Mercantile, and
the other businesses in the area. She emphasized that the proposed parking restriction was only a short-
term solution to the parking problems in the area.
Adoption of Resolution Authorizin¢ Time -Limited Parking:
It was moved by Council Member Nash, seconded by Council Member Campbell, that the following
Resolution be adopted:
RESOLUTION NO 93-12-7-2, DESIGNATING TIME-LIMITED PARKING
CAPISTRANO DEPOT NORTH END PARKING LOT - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "FOUR-HOUR PARKING ONLY" IN THE
ENTIRE CAPISTRANO DEPOT NORTH END PARKING LOT
The motion carried by the following vote:
AYES: Council Members Nash and Mayor Campbell
NOES: None
' ABSTAIN: Council Member Jones
ABSENT: Council Members Hausdorfer and Vasquez
2. APPROVAL OF 1993-94 MEMORANDUM OF UNDERSTANDING FOR CLASSIFIED
EMPLOYEES (730.30)
Written Communication:
Report dated December 7, 1993, from the City Manager, forwarding the Memorandum of
Understanding for Classified Employees for fiscal year 1993-94. The contract provides for a 1.4% salary
increase and a modification to the current performance pay plan offering an award of additional time
off to employees receiving an excellent or above-average evaluation rating in lieu of the current cash
award program.
Approval of Memorandum of Understanding:
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried
that the Memorandum of Understanding between the City and the San Juan Capistrano Classed
Employees Association be approved for fiscal year 1993-94 effective July 1, 1993.
3. APPROVALOF1993-94MEMORANDUMOFUNDERSTANDINGFOR MANAGEMENT
EMPLOYEES (730.30)
Written Communication:
Report dated December 7, 1993, from the City Manager, forwarding the Memorandum of
' Understanding for Management Employees for fiscal year 1993-94. The contract provides for a 2%
salary increase and a modification from the Management Incentive Plan to a Performance Incentive
Program offering an award of additional time off to employees completing their established goals in lieu
of the current cash award program.
City Council Minutes -7- 12/7/93
168
Approval of Memorandum of Understanding:
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried
that the Memorandum of Understanding between the City and the San Juan Capistrano Management
Employees Association be approved for fiscal year 1993-94 effective July 1, 1993.
4. RESOLUTION APPROVING PERSONNEL CLASSIFICATION AND COMPENSATION
PLAN (700.20)
Written Communication:
Report dated December 7, 1993, from the City Manager, recommending that the City's Personnel
Classification and Compensation Plan be amended to reflect the provisions of the approved Memoranda
of Understanding for the Classified and Management Employees for fiscal year 1993-94.
Mr. Scarborough noted that with the adoption of this plan, the actual personnel costs are lower than
1992-93, with a savings of $67,000.
Adoption of Resolution Amending the City's Personnel Classification and Compensation Plan:
It was moved by Council Member Jones, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO. 93-12-7-3. AMENDING RESOLUTION NO, 89-10-17-3. THE
CITY'S PERSONNEL CLASSIFICATIONAND COMPENSATION PLAN - FISCAL
YEAR 1993-94 MEMORANDA OF UNDERSTANDING - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 89-10-17-3, THE CITY'S
PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (FISCAL YEAR
1993-1994 MEMORANDA OF UNDERSTANDING - SAN JUAN CAPISTRANO
CITY EMPLOYEES ASSOCIATION AND SAN JUAN CAPISTRANO
MANAGEMENT EMPLOYEES ASSOCIATION)
The motion carried by the following vote:
AYES: Council Members Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Members Hausdorfer and Vasquez
1. APPROVAL OF RESOLUTION EXTENDING CABLE TELEVISION FRANCHISE
(TIMES MIRROR CORPORATION/DIMENSION CABLE SERVICES) (600.30)
Written Communication:
Report dated December 7, 1993, from the Director of Administrative Services, recommending that the
existing cable TV franchise agreement with Times Mirror Corporation be extended for 120 days from
December 23, 1993, to April 22, 1994.
Adoption of Resolution Extending Franchise Agreement for 120 Days:
It was moved by Council Member Jones, seconded by Council Member Nash, that the following
Resolution be adopted:
City Council Minutes -8- 12/7/93
169
RESOLUTION NO. 93-12-7-4. APPROVING THE EXTENSION OF THE
' EXISTING FRANCHISE OF TIMES MIRROR CABLE TELEVISION - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING THE EXISTING FRANCHISE OF
TIMES MIRROR CABLE TELEVISION OF ORANGE COUNTY, INC. FOR 120
DAYS SUBJECT TO CERTAIN TERMS AND CONDITIONS
The motion carried by the following vote:
AYES: Council Members Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Members Hausdorfer and Vasquez
2. AWARD OF BID - VARIOUS COMPUTER EQUIPMENT (XI COMPUTERS AND
MICRO CITY) (600.30)
Written Communication:
Report dated December 7, 1993, from the Director of Administrative Services, recommending that the
bids for the purchase of 31 new personal computers and the replacement of equipment to monitor the
City's Traffic Signal Controller System be awarded to XI Computers; and, the bid for the purchase of
8 printers be awarded to Micro City. The personal computers and printers will replace the current NBI
wordprocessing system equipment.
Award of Bids:
' It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried
that the bid for the purchase of 31 personal computers at $1,662.71 each, and a Traffic Signal Controller
system computer at $1,704.22, be awarded to XI Computers; and the purchase of eight printers at
$1,506.35 each (for HP LaserJet IV) and $296.31 each (for DeskJet 500) be awarded to Micro City. All
other bids were rejected.
Appropriation of Funds:
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried
to appropriate an additional $10,350 from the Equipment Replacement Fund Reserves and $3,000 from
the General Fund, for the upgrading of the City's word processing equipment and software.
DIRECTOR OF ENGINEERING AND WELDING SERVICES
1. REQUEST TO INITIATE CONSIDERATION OF A REVISED SPORTS PARK
CONCEPTUAL PLAN TO INCORPORATE A COMBINED MASTER PLAN FOR THE
Written Communications:
(1) Report dated December 7,1993, from the Director of Engineering and Building, recommending
that the request by the Capistrano Unified School District be approved to explore with City
staff the feasibility of a combined Master Plan for the Community Sports Complex and the
Marco Forster Middle School/Del Obispo Elementary School facilities. The District's proposed
concept would be to acquire the Community Redevelopment Agency's 11 acres and integrate
' it into an overall Master Plan. The proposal would convert the existing Del Obispo/Marco
Forster area into a full middle school and develop a new elementary school and sports complex
located adjacent too the District's existing Marco Forster Middle School.
City Council Minutes -9- 12/7/93
170
(2) Memorandum dated December 7, 1993, from the City Manager, recommending an alternative
action to take the School District's request under advisement to allow staff to prepare an
evaluation of at least three potential Master Plan concepts incorporating the School District,
City, and CRA properties.
Mr. Scarborough made an oral presentation and noted the revised staff recommendation in the above -
noted Memorandum dated December 7, 1993.
Public Comments:
(1) Roy Nunn, 31011 Paseo Valencia, board member of AYSO for San Juan Capistrano/Dana
Point, expressed concern regarding the potential loss of soccer fields in the City. He noted the
loss of the field and the possible installation of portable classrooms at Marco Forster and the
possible loss of the field at Cook Park. He also noted the poor condition of the existing fields
and urged that the improvement of the existing fields be expedited.
(2) Jack Tarr, 27451 Calle Arroyo, felt that the City should move ahead with its approved plans for
the Sports Park and allow the School District to consider other sites for the proposed expansion
of the school. He urged that the City strongly consider the maintenance involved with the
School District's proposal, since their maintenance record is poor due to lack of funds. He
expressed concern that the proposed portable classrooms would require the use of the Open
Space property. He urged that installation of the new fields not be delayed.
(3) Marlene Draper, President of the School Board, urged the Council to consider the District's
proposal. She noted the difficulty the School District has had in trying to locate a school site
over the last five years and that the District has applied for and is eligible for State funding to
construct another elementary school in the City. She advised they felt the only way to build a
school that would accommodate the students at this time was this proposal.
Maureen Stevana, 27511 Vantage Circle, did not respond when called to speak on this item.
Council Member Nash requested that staff provide a full analysis of the ramifications of the School
District's proposal at the next meeting.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried
that this item be continued to the meeting of January 4, 1994, to take the School District's request under
advisement. Staff was directed to provide the Council with an evaluation of at least three potential
alternative Master Plan concepts incorporating School District, City, and CRA properties. The concept
plans shall include a recommended process and schedule for public review and insurance that the
construction of the Community/Senior Center would not be delayed.
2. SAN JUAN CREEK RAILROAD BRIDGE RECONSTRUCTION - ARCHITECTURAL
TREATMENT (820.45)
Written Communication:
Report dated December 7, 1993, from the Director of Engineering and Building, providing alternative
designs for the reconstruction of the San Juan Creek Bridge that were more traditional in appearance
and more in the City's character, as directed by the City Council on September 7, 1993.
Mr. Huber made an oral presentation and noted there was some urgency to approve an alternative
design to request bids by March or April 1994. Six alternative designs were on display, and Mr. Huber
indicated that staff preferred design #4. The alternatives were identified as: #1, steel girder; #2, steel
truss; #3, 30 -foot arch; #4, 60 -foot traditional arch; #5, 91/2- to 10 -foot square arch; and, #6,
contemporary arch design.
City Council Minutes -10- 12/7/93
171
Council Member Nash expressed a preference for design #4 but with a more rounded arch at the top
and less pointed. Council Member Jones preferred designs #1 or #2 because of their more traditional
appearance, with the projections to have more contrast against the bridge on design #1. Mayor
Campbell preferred designs #4 and #5 and suggested that the designs be colored and computerized to
give a more realistic rendering. Mr. Huber stated that computerized drawings may not be available by
the next meeting of January 4.
Continuation of Item:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried
that this item be continued to the meeting of January 4, 1994, with designs 2 (steel truss), 4 (60 -foot
traditional arch), and 5 (91.4- to 10 -foot square arch) to be resubmitted as colored drawings or
computerized renderings.
3. REQUEST FOR SCHOOL CROSSING GUARD - INTERSECTION OF ACJACHEMA
STREET AND EL CAMINO REAL (590.70)
Written Communication:
Report dated December 7, 1993, from the Director of Engineering and Building, recommending that
the request by the Capistrano Unified School District for a crossing guard at the intersection of
Acjachema Street and EI Camino Real be denied based on insufficient traffic volumes established in the
State Traffic Manual.
Mr. Huber made an oral presentation.
Council Member Jones indicated he would support the denial of this request based on the installation
of a sidewalk on the east side of EI Camino Real south of Acjachema Street this year to allow students
' to cross at the four-way stop sign controlled intersection.
Denial of Reguest for Crossing Guard:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried
that the request by the Capistrano Unified School District for a crossing guard at the intersection of
Acjachema Street and El Camino Real be denied.
4. REQUEST FOR SCHOOL CROSSING GUARD AT THE INTERSECTION OF DEL
OBISPO STREET AND CAMINO DEL AVION (590.70)
Written Communication:
Report dated December 7, 1993, from the Director of Engineering and Building, recommending that
the request by the Capistrano Unified School District for a crossing guard at the intersection of Del
Obispo Street and Del Avion be denied based on insufficient traffic volumes established in the State
Traffic Manual.
Mr. Huber made an oral presentation.
Public Comments:
(1) Barbara Tannin, 32642 Deadwood Drive, spoke in support of a crossing guard at this
intersection because vehicles fail to stop when making right turns at red lights. In addition, she
noted that the "Don't Walk" signal flashes on before children have crossed the street half way,
and many children are not accompanied by an adult. She suggested consideration of a "No
Right Turn on Red" during the period children walk to school.
' (2) Pam Peeler, 25542 Via Inez Road, concurred with Ms. Tannin's comments.
City Council Minutes -11- 12/7/93
172
In response to Ms. Tannin's concerns about safety, Mr. Huber advised that no pedestrian -related
accidents have occurred at that intersection since 1988. He felt that the "No Right Turn on Red" sign
could be considered for implementation and suggested that this matter be referred to the Transportation
Commission.
Council Comments:
Council Member Nash concurred with the concerns and suggestion expressed by Ms. Tannin and noted
that Del Avion had not been a through street when the traffic study was conducted in 1988. Council
Member Jones felt that the sign would not be effective without a crossing guard since many drivers
would not pay attention to the sign. He noted that the schools would be increasing in size and that
vehicles travel too fast down Del Avion.
Direction to Staff to Reconsider Item:
It was moved by Council Member Nash, seconded by Mayor Campbell, that staff be directed to review
a 'No Right Turn on Red During School Hours" sign at the intersection and provide a recommendation
to Council, including the crossing guard request, following review by the Transportation Commission.
The motion carried by a 2-1 vote, with Council Member Jones voting in opposition.
5. REQUEST FOR SCHOOL CROSSING GUARD AT THE INTERSECTION OF CAMINO
CAPISTRANO AND LA ZANJA (590.70)
Written Communication:
Report dated December 7, 1993, from the Director of Engineering and Building, recommending that
the request by the Capistrano Unified School District for a crossing guard at the intersection of Camino
Capistrano and La Zanja Street be denied based on insufficient traffic volumes established in the State
Traffic Manual.
Mr. Huber made an oral presentation. Lt. Sullivan advised that John Diaz of the San Juan Task Force
worked with the Sheriffs Department and organized 25 volunteer parents to assist in the mornings and
afternoons at this intersection. He stated that the parents would be informed of their scope of work
and duties during the holiday break and that the program would be ready to begin when school resumed
in January. He noted that staff will determine the effectiveness of the program as compared with
professional crossing guards.
Denial of Request for Crossing Guard:
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried
that the request for a crossing guard at the intersection of Camino Capistrano and La Zanja be denied
to ascertain the effectiveness of the parental volunteer program.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that all
Ordinances be read by title only.
1. AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE - NO SMOKING
REGULATIONS (585.20_(ADOPTION)
Written Communication:
Report dated December 7, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of November 16, 1993, and was scheduled for adoption.
City Council Minutes -12- 12/7/93
173
Public Comments:
' (1) Dan Hicks, 32552 Alipaz Street, spoke in favor of the Ordinance and expressed appreciation
to Council Member Jones for his efforts in this matter.
(2) Phillip Falcetti, 1200 North Main Street, #730, Santa Ana, representing the Orange County
Health Care Agency, commended the City's efforts in this regard and noted similar regulations
adopted by the Cities of Laguna Beach, Dana Point, Laguna Hills, and Huntington Beach. He
advised that the County Supervisors would be approving a 100% ban on smoking in all
restaurants in County territory effective 1995.
Ado➢tion 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 Jones, seconded by Council
Member Nash, that the following Ordinance be adopted:
ORDINANCE NO, 743. AMENDING TITLE 5 OF THE MUNICIPAL CODE -
SMOKING IN PUBLIC PLACES. TO DESIGNATE EATING ESTABLISHMENTS
AS 100 PERCENT NO SMOKING AREAS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 5, CHAPTER 20
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE ENTITLED "SMOKING
IN PUBLIC PLACES"
The motion carried by the following vote:
AYES: Council Members Campbell, Nash, and Mayor Jones
' NOES: None
ABSENT: Council Members Hausdorfer and Vasquez
Council Member Jones expressed appreciation to Carole Jacklin, Council Services Manager, for her
efforts in preparing the Ordinance.
COUNCII MA C ITEMS
1. MEETING SCHEDULE FOR DECEMBER 1993 (610.1 ]
It was a consensus of the Council that the regular meeting of December 21 not be held and that the
next regular meeting be held January 4, 1994.
2. ORAL REPORTS OF OUTSIDE AGENCIES
None.
COUNCIL COMMENTS
1. COUNCIL REORGANIZATION (16 0.80)
Council Member Jones expressed appreciation to City staff for their support and assistance during his
term as Mayor. Mayor Campbell thanked City staff and Council Members Nash and Jones for their
' assistance during her first meeting as Mayor. Council Member Nash commended Council Member
Jones on his excellent work as Mayor and congratulated Mayor Campbell on her appointment.
City Council Minutes -13- 12/7/93
fiL!
CLOSED SESSION
None.
There being no further business before the Council, the meeting was adjourned at 10:06 p.m. to the next regular
meeting date of Tuesday, December 21, 1993, at 7:00 p.m. in the City Council Chamber. That meeting will not
be held, and the next meeting will be held January 4, 1994.
ATTEST:
City Council Minutes -14-
Respectfully submitted,
%N.Il.W41,14 ��L/L J.,WA
• i •
12/7/93