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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