94-0405_CC_Minutes_Regular Meeting285
APRIL 5,1994
' 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
Campbell 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 Hausdorfer.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Gary L. Hausdorfer, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
ABSENT: Council Member Vasquez
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; Lt.
Paul Sullivan, Orange County Sheriffs Departmedt; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously carried that all
Ordinances be read by title only.
IPRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF CERTIFICATES OF APPRECIATION (610.40)
Written Communication:
Report dated April 5, 1994, from Carole Jacklm, Council Services Manager, noting that the following individuals
had been selected by the Mayor to receive Certificates of Appreciation for thea work on the new Metrolink South
Platform which opened on March 28,1994: Ali Yazdanshenas, primary contractor; Zaven Tanahan, electrician;
Parviz Mahamedi, site manager; Nick Avaness, plumber; and, Barry Jones, mason.
Messrs. Yazdanshenas, Tanahan, Avaness, and Jones were present to receive the Certificates from Council
Member Jones.
Council Member Nash noted the following Commission representatives in attendance: Cheryle Hodge, Planning
Commission; David Swerdlin, Mobile Home Park Review Committee; Sheldon Cohen, Transportation Commission;
Pauline Leonard, Parks, Recreation, and Equestrian Commission; and, Bill Hardy, Los Rios Review Committee.
ORAL COMMUNICATIONS (CITY COUNCHJCOMMUNITY REDEVELOPMENT AGENCY)
HOMELESSNESS (585.10)
Jessica Dean, 27032 Paseo Burladero, member of the Orange County Homeless Issues Task Force, spoke
regarding a new program which will be introduced to Orange County cities called "Comprehensive Countywide
Approach to Homelessness." She explained that the County -wide program attempted to resolve the problems
of the homeless by developing private partnerships to find short- and long-term solutions. She noted that the
City of Santa Ana donated $30,000 toward implementation of the problem and requested a meeting with the City
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Council and/or the Planning Commission to discuss San Juan Capistrano's participation. She submitted written
information on the program to the City Clerk.
2. FIESTA DE LAS GOLONDRINAS PARADE (150.60)
Pam McClain, 31526 La Purisima, noted that the announcements for the Fiesta De Las Golondrinas Parade were
made in Spanish only at the La Zanja/Camino Capistrano location and felt that consideration should have been
given to the English-speaking residents who also live in the area. She expressed concern with a statement made
by a member of the Fiesta Association describing the location as a "barrio," stating it conveyed the wrong image
of the neighborhood.
PERSONNEL INTRODUCTION (700.10)
Mr. Denhalter introduced Connie Day, the City's new Legal Assistant.
CONSENT CALENDAR
It was moved by Council Member Hausdorfer, 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 Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
APPROVAL OF CITY COUNCU, MINUTES
a. Special Meeting of March 1, 1994
The Minutes of the Special Meeting of March 1, 1994, were approved as submitted.
b. Regular Meeting of March 1, 1994
The Minutes of the Regular Meeting of March 1, 1994, were approved as submitted.
c. Adioumed Regular Meeting of March 8, 1994
The Minutes of the Regular Meeting of March 8, 1994, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES
a. Special Meeting of March 1, 1994
The Minutes of the Special Meeting of March 1, 1994, were approved as submitted.
b. Regular Meeting of March 1, 1994
The Minutes of the Regular Meeting of March 1, 1994, were approved as submitted.
c. Adjourned Regular Meeting of March 8, 1994
The Minutes of the Adjourned Regular Meeting of March 8, 1994, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF MARCH 1994 (300.30)
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The List of Demands dated March 1, 1994, in the total amount of $16,600.08 and the List of Demands dated
' March 16, 1994, in the total amount of $714,908.49 were received and filed.
4. AWARD OF CONTRACT - HILLTOP WAY SEWER RECONSTRUCTION AND CALLE
ARROYO SEWER REHABILITATION (PRKACIN COMPANY) (600.30)
As set forth in the Report dated April 5, 1994, from the Director of Engineering and Building, the contract for
the Hilltop Way Sewer Reconstruction and Calle Arroyo Sewer Rehabilitation was awarded to die lowest
responsible bidder, Prkacin Company, in the amount of $54,444. All other bids were rejected. The Mayor and
City Clerk were authorized to execute the contract on behalf of the City.
5. MODIFICATIONS TO MARBELLA CREST COMPLETION AGREEMENT, TRACT 13846
(CAPITAL FINANCIAL CONSULTANTS) (600.30)
As set forth in the Report dated April 5, 1994, from the Director of Engineering and Building, the First
Amendment to the Completion Agreement for Marbella Crest, Tract 13846, was approved accepting a $250,000
surety bond from the developer in lieu of the original funding agreement. The bond allows the developer access
to the bond proceeds being held by the City to allow completion of the project. The Mayor was authorized to
execute the Amendment on behalf of the City.
6. APPROVAL OF CONTRACT MODIFICATION NO. 2 TO FUNDING CONTRACT NO. 750749
FOR TASKS RELATED TO THE SAN JUAN CREEK RAILROAD BRIDGE AND TRACK
REALIGNMENT (CALIFORNIA DEPARTMENT OF TRANSPORTATION) (600.50)
As set fords in the Report dated April 5, 1994, from the Director of Engineering and Building, Contract
Modification No. 2 to Funding Contract No. 75Q749 with Caltrans was approved for six tasks related to the San
' Juan Creek Railroad Bridge and Track Realignment. The modifications included the redistribution of funding
for tasks within the contract and the extension of the expiration date to December 31, 1994. The Mayor was
authorized to execute the contract on behalf of the City.
7. DENIAL OF CLAIM - PROPERTY DAMAGE AND PERSONAL INJURY (MARY MOORE)
170.10
The claim received by the City from Mary Moore in the amount of $5,479 for property damage and personal
injury was denied, as set forth in the Report dated April 5, 1994, from the City Attorney.
8. DENIAL OF CLAIM - PROPERTY DISPUTE (GELBERT LEE. ET AL) (170.10)
The claim received by the City from Gilbert Lee, et al, regarding property dispute was denied, as set forth in the
Report dated April 5, 1994, from the City Attorney.
9. AWARD OF EMERGENCY CONTRACT - GOLDENRIDGE STORM DRAIN (KUNOS CRAWLER
AND BACKHOE SERVICE) (600.30)
As set forth in the Report dated April 5, 1994, from the Director of Engineering and Building, the contract for
the construction of the Gobfenridge Storm Drain project was awarded to the lowest responsible bidder, Kunos
Crawler and Backhoe Service, in the amount of $37,625. The formal bid process was waived to expedite the
project based on the finding that an eminent risk to health and safety existed from mosquito infestation and
potential for slope instability. All other bids were rejected. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
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PUBLIC HEARINGS
1. RECONSIDERATION OF CONDITIONS FOR VESTING TENTATIVE TRACT MAP 14398 FOR
PROPERTY LOCATED AT TILE NORTHERLY TERMINUS OF CAMINO LAS RAMBLAS
(CONCORDE DEVELOPMENT) (420.40) (CONTINUED FROM MARCH 15. 1994)
Propos :
Consideration of a request to revise previously approved conditions regarding soil subsidence insurance for
Vesting Tentative Tract Map 14398, an 87-1ot residential subdivision located at the northerly terminus of Camino
Las Ramblas. The applicant proposed reducing the soil subsidence insurance amount from $1 million per lot
to a cumulative $4 million, reducing the term from twenty years to one year, and using an out-of-state insurance
carrier rather than a California carrier.
Applicant:
Concorde Development
19752 MacArthur Blvd., Suite 240
Irvine, CA 92715
Written Communication:
Report dated April 5, 1994, from the Planning Director, recommending that the hearing be continued to the
meeting of April 19, 1994, to allow more time to investigate insurance availability.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing. There being no
response, it was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously
carred that the hearing be continued to the meeting of April 19, 1994, to allow more time to investigate insurance
availability.
2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - STATUS
REPORT ON NEGOTIATIONS FOR SALE OF PROPERTY LOCATED AT 26822-26842 ORTEGA
HIGHWAY AND 31752-31762 CAMINO CAPISTRANO (EL PEON COMPLEX/SAN JUAN
PARTNERS) (400.20)
Council Member Nash presided as Agency Chairman over the joint public hearing.
Proposal:
Consideration of the disposition of property owned by the Community Redevelopment Agency located at 26822-
26842 Ortega Highway and 31752-31762 Camino Capistrano (EI Peon Complex/San Juan Partners).
Written Communication:
Report dated April 5, 1994, from the Director of Administrative Services, advising that the process for sale of
the property began in April 1992. In October, 1993, a Request For Proposal was sent out; seven proposals for
the property were received. Three proposals were received for one building only; two for the entire complex;
and, two for the entire complex phis the neighboring parking lot and building owned by the Agency. In January,
1994, staff was directed to reject offers for a partial sale and to request that all other proposals be revised to
include a purchase price based on the parcel being offered for sale. The revised proposals were to include
detailed information regarding intended uses, experience in the area of intended use, detailed information
regarding experience with historically sensitive buildings, and financial backing. A revised proposal was received
from Richard O'Neill, who has joined with Steve Nordeck, who has also submitted a proposal, to form a
partnership for the project. The revised proposal included in increase in the purchase price from $950,000 to
$1,105,000. In January, 1994, staff was directed to begin negotiations with the ONeill/Nordeck partnership.
The Report recommended that a Disposition and Development Agreement for the property be completed with
San Juan Partners (comprised of Richard ONeill and Steve Nordeck) for consideration at the April 19, 1994,
City Council meeting.
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Exhibits were on display, and Ms. Pendleton made an oral presentation. She noted that staff now recommended
' continuing the public hearing to a meeting in May to allow additional time to resolve certain points in the
Disposition and Development Agreement.
Public Hearing:
Notice having been given as required by law, Chairman Nash opened the Public Hearing, and the following
persons responded:
(1) Ken Steelman, attorney representing San Juan Partners, concurred with the proposed modification to
the staff recommendation to continue the public hearing to May. He spoke regarding the commitment
of the ONeill family to San Juan Capistrano over the years in preserving the historic character of the
City. Director Jones inquired whether the seismic retrofitting could be completed with a one-year
period. Mr. Steelman advised that the retrofitting was planned for completion within a one-year period,
with the first vacant building expected to be completed within six months. He noted that bids were
currently being reviewed with the project architect.
(2) Rufus Barkley, representing Riverside Commercial Investors (RCI), requested that their proposal be
given more serious consideration He stated that the proposal submitted by RCI was the most qualified
offer received by the City prior to the initial deadline. He felt it was unfair for the City to extend the
original deadline. He spoke regarding the high quality of the RCI team and their desire to proceed with
the project for the City. He expressed concern with potential conflicts of interest of two Council
Members because of their abstentions in other matters in the downtown area.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Council Member Jones stated that he had no potential conflict of interest and would vote in this matter since he
did not live within 300 feet of the project and the project would have no positive or negative impact on his
property. Council Member Hausdorfer felt that the proposal process followed by the City had been fair for
everyone involved and noted the numerous responses received. He indicated he supported San Juan Partners
because of their commitment to the City and noted that the Agency was not obligated to sell the property for the
highest price. Council Member Nash stated that although she would support the proposal by San Juan Partners,
she felt the RCI proposal was the best proposal received, particularly because of the uses proposed for the site.
She encouraged RCI to follow the City's negotiations with San Juan Partners very closely, particularly if an
agreement is not reached with San Juan Partners. Council Member Jones voiced his strong support of San Juan
Partners based on the commitment of the ONeill family to the City over the years.
Continuation of Public Hearing and Direction to Staff:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carred
that:
(1) Staff be directed to conclude preparation of the Disposition and Development Agreement with San Juan
Partners for the sale of the Downtown Commercial Complex;
(2) Staff be directed to make the Disposition and Development Agreement and other related documents
available for public inspection by May 5, 1994; and
(3) The hearing be continued to the meeting of May 17, 1994, to consider the Disposition and Development
Agreement, with the public hearing to be readvertised.
' Council recessed at 7:06 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened
at 7:07 p.m.
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CITY MANAGER
1. RECONSIDERATION OF AGREEMENT TO PROVIDE A VISITOR'S TOURISM BUREAU AT
THE COMBS HOUSE (SWALLOWS FOUNDATION) (600.30)
Council Member Jones indicated he would abstain on this matter due to a potential conflict of interest relating
to the proximity of his residence/business to this project.
Written Communications:
(1) Report dated April 5, 1994, from the City Manager, advising that the two votes approving the
expenditure of funds on February 15, 1994, were insufficient and, pursuant to Government Code
Section 36936, three votes were necessary. The requested agreement would provide City funding for
initial facility rehabilitation and operation in the amount of $36,500, with the City to be repaid over a
five-year period. The Report recommended that the proposed agreement with the Swallows Foundation
be approved based on the Foundation's ability to obtain proper financing, staff, and business
participation.
(2) List of the Board of Directors and Founding Members of the Swallows Foundation, submitted by Don
Frey.
Mr. Scarborough made an oral presentation.
Public Comments:
(1) Donald Frey, Acting President of the Swallows Foundation, urged Council approval of the project to
preserve the historic property and make the proposed use economically viable. He advised that at the
Foundation's Board of Directors meeting on March 30, 1994, a signed lease was received from the
Chamber of Commerce to occupy a portion of the subject properly for a fee. He indicated that funds
necessary to operate the Visitor's Center could be obtained from grants and other funding over a period
of time. He stated that as soon as the property was paid for, the property would be deeded back to the
City for historic preservation. He emphasized the community's desire and need for this use.
(2) David Swerdlin, as a downtown merchant and current President of the Friends of Historic San Juan
Capistrano, spoke in support of the project as proposed because of its benefit to the City, its potential
for success, and its preservation of an historic structure.
(3) Heather Hale, 234 Avenida Santa Barbara, San Clemente, indicated she owns a business in the City and
is a co-founder of the Swallows Foundation. She felt that deeding the property back to the City would
satisfy the concerns previously expressed by Council Member Hausdorfer.
Council Comments:
With regard to the project, he stated he had consistently voted in opposition to this project from the beginning.
He noted that the total net income projected for the Visitor's Center was $3,765, which would not service the
debt. He inquired how the finds received from the City would be spent over the five-year period.
Mr. Frey explained that the initial funding would be used to debt service the property to prevent it from being
deeded back to the lender, with the balance to be used for rehabilitating the property and operating the Center.
He noted that donations have been promised by various service industries to be utilized over the five-year period.
He felt that the property could be improved to $100,000 more than its current value. He noted that the
Foundation needed time to work with City staff and community organizations to apply for grant funding and
conduct fundraisers. He stated that the pro forma included in the Staff Report constituted a "worst-case" scenario
and indicated the Foundation's available cash as of October 1993. He noted that the jail might be rented man
artist's studio for additional income. He advised that the Foundation has provided all evidence required under
Recommendation "A" in the Staff Report.
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Council Member Hausdorfer expressed concern that all of the funds received from the City would be used to
service the debt that none of the money would be used to preserve the historic building and the City would have
no control over the property. He noted that the business could fail, causing foreclosure on the property. He felt
that the City would be subsidizing a Visitor's Center that has not yet been formed. He stated he would not
support a proposal to have the City provide $66,000 worth of debt service with no guarantees for success of the
operation or preservation of the property. He suggested that the City include a line item in the budget for historic
preservation. He offered his assistance to Mr. Frey to resolve concerns. The City Manager noted the City's
interest in preservation of the historic structure advised that there was a different approach to obtain clear historic
preservation of the structure.
Continuation of Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the item be continued
to the meeting of April 19, 1994, to allow additional time for Council Member Hausdorfer to work with the
Swallows Foundation and City staff to resolve outstanding concerns. The motion carried with Council Member
Jones abstaining and Council Member Vasquez absent.
2. INITIAL BUSINESS SURVEY RESULTS (470. $0)
Council Member Hausdorfer felt the City needed to encourage support of local businesses and to continue
productive communication between the City and businesses. Council Member Nash preferred that only the
proposed "Shop and Dine San Juan" promotional strategy be developed to allow Council time for more detailed
consideration of the other three recommendations within the next two months. Council Member Jones concurred
but suggested that the City Hall business meetings also be established to assist with the Shop and Dine
promotion. Mayor Campbell concurred and suggested that representatives from various businesses, such as
public relations, marketing, manufacturing, etc., be included in discussions on the proposed Business Task Force.
Ms. Walker recommended that the Business Visitation Survey process continue to address the concerns of local
businesses on a regular basis.
Anoroval to Devekru Shoo and Dine San Juan Promotional Strategy and Establish Duarterly City Hall
Business Meetings:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried
that:
(1) A "Shop and Dine San Juan" promotional strategy be developed for consideration by the Council in
May 1994; and
(2) Quarterly City Hall business meetings be established to allow City staff and Task Force members to
meet with the business community to discuss issues and coordinate promotional activities.
' Staff was directed to provide additional information and opportunity for input on the Business Task Force and
Business Visitation Survey for consideration by the City Council in May 1994.
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Written Communication:
Report darted April 5,1994, from Cassandra Walker, Community Development Manager, forwarding the results
of the Business Visitation Survey of 50'businesses within the community. As a result of the survey, staff
recommended that: 1) a Business Task Force be established to serve as a communication link between the
business community and the City Council; 2) the survey process continue to determine the most current issues
facing the local business community; 3) a "Shop and Dine San Juan" promotional strategy be developed for
consideration by the Council in May 1994; and 4) quarterly City Hall business meetings be established to allow
City staff and Task Force members to meet with the business community to discuss issues and coordinate
'
promotional activities.
Ms. Walker made an oral presentation.
Council Member Hausdorfer felt the City needed to encourage support of local businesses and to continue
productive communication between the City and businesses. Council Member Nash preferred that only the
proposed "Shop and Dine San Juan" promotional strategy be developed to allow Council time for more detailed
consideration of the other three recommendations within the next two months. Council Member Jones concurred
but suggested that the City Hall business meetings also be established to assist with the Shop and Dine
promotion. Mayor Campbell concurred and suggested that representatives from various businesses, such as
public relations, marketing, manufacturing, etc., be included in discussions on the proposed Business Task Force.
Ms. Walker recommended that the Business Visitation Survey process continue to address the concerns of local
businesses on a regular basis.
Anoroval to Devekru Shoo and Dine San Juan Promotional Strategy and Establish Duarterly City Hall
Business Meetings:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried
that:
(1) A "Shop and Dine San Juan" promotional strategy be developed for consideration by the Council in
May 1994; and
(2) Quarterly City Hall business meetings be established to allow City staff and Task Force members to
meet with the business community to discuss issues and coordinate promotional activities.
' Staff was directed to provide additional information and opportunity for input on the Business Task Force and
Business Visitation Survey for consideration by the City Council in May 1994.
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3. AUTHORIZATION TO INITIATE REQUEST FOR PROPOSAL PROCESS FOR SELECTION OF
HUMAN RELATIONS CONSULTING SERVICES (600.30)
Written Communication:
Report dated April 5, 1994, from Jennifer Murray, Assistant to the City Manager, recommending that because
of the overall financial commitment the City has made to a human relations program, a Request for Proposal
process be initiated to solicit bids to allow staff to determine the best method to provide human relations services
to the community beginning with the 1994-95 fiscal year. The report further advised that the City's desire to
initiate the competitive process arose from a recognition that the scope of human relations needs and complexity
of human problems had grown significantly since the current independent contractor, Nibardo Gomez, was first
selected in 1988. Pursuant to the City's membership in the Southern California Joint Powers Insurance
Authority, all independent contractors must maintain liability insurance and the new human relations consulting
agreement will incorporate that requirement.
Ms. Murray made an oral presentation.
Public Comments:
(1) Gillian Cannon, 26467 Calle San Luis, Capistrano Villas No. 2, emphasized the need for a bilingual
person and noted that approximately 85% of the tenants in Capistrano Villas No. 2 are Hispanic. She
commended the ongoing efforts of the current consultant, Nibardo Gomez, and expressed concern with
continuity and effectiveness of the program should Mr. Gomez be replaced. She strongly supported
the selection of Mr. Gomez for the proposed position because of his excellent work to date. She noted
the vacancy of the bilingual secretary position and expressed concern regarding the City's commitment
to human relations.
Mr. Scarborough indicated that if Mr. Gomez were not selected for the position, any firms being considered
would be requested to interview Mr. Gomez for a position. Mr. Scarborough felt the Request for Proposal
process would be helpful in evaluating the current program and the scope of work.
Council Member Jones suggested that Mr. Gomez be utilized in the transition if he was not chosen as the new
consultant. Council Member Hausdorfer emphasized the need for sensitivity in this program to ensure effective
communication with the City and tenants and understanding of the issues concerned.
Approval to Initiate Request for Proposal Process:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried
that a Request for Proposal process be initiated to solicit bids for a Human Relations Consultant.
4. RESOLUTION OPPOSING THE PROPOSED MEASURE "MOBILEHOME RENT ASSISTANCE.
MOBILEHOME RENT CONTROL RESTRICTIONS. INITIATE STATUTE." (630.30)
Written Communication:
Report dated April 5, 1994, from Julia Kimminau, Management Assistant, forwarding the Mobilehome Park
Review Committee recommendation that the City Council oppose the subject measure. The Report noted that
would require mobilehorne park management to administer and provide rent subsidy equal to 10% discount on
monthly rent to tenants meeting residency and income requirements when 10% or less of occupied spaces are
covered by rent control or rent subsidy. The measure would also invalidate existing and prohibit new State
mobilebome rent control laws and would limit existing and prohibit new local mobilehome rent control laws.
Public Comment:
David Swerdlin, 26172 Via De Toledo, member at -large of the Mobile Home Park Review Committee, spoke
in favor of the recommendation to oppose the subject measure.
Adoption of Resolution Opposing Mobilehome Rent Control Measure:
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It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the following
Resolution be adopted:
RESOLUTION NO. 94-4-5-1, OPPOSING PROPOSED MEASURE -
MOBILEHOME RENT ASSISTANCE. MOBILEHOME RENT CONTROL
RESTRICTIONS, INITIATIVE STATUTE. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
OPPOSING THE PROPOSED MEASURE ENTITLED MOBILEHOME RENT
ASSISTANCE. MOBILEHOME RENT CONTROL RESTRICTIONS.
INITIATIVE STATUTE.
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. REQUEST TO CHANGE PROJECT SCOPE AND FUNDING ALLOCATION - MULTI -MODAL
PARKING DECK (DEPARTMENT OF TRANSPORTATION) (600.50)
Written Communication:
Report dated April 5, 1994, from the Director of Engineering and Building, recommending that the project scope
' and funding for the Multi -Modal Parking Deck be revised from a parking deck to an expanded surface parking
area (Option 5) and that funding from Caltrans be reallocated to accommodate Option 5. Option 5 would assume
acquisition of the DiMaio property and would maximize the site for parking without a deck by the use of
retaining walls near Camino Capistrano. The report further recommended that if the acquisition price exceeded
$400,000, staff would pursue Option 4, which conformed to the site "notch" configuration.
Mr. Huber made an oral presentation. He stated that any surphrs of funds could be transferred to fund any
shortfalls in the railroad platform project He noted that the landscaping and retaining walls proposed for Option
5 were conceptual only at this time but that 10 -foot wide landscape islands were proposed. With regard to the
proposed retaining walls, he stated that the architect preferred that an architectural treatment be used that would
be consistent with the City's high standards, perhaps similar to the wall at the Depot.
Public Comments:
(1) John Gamble, attorney speaking on behalf of Sue DiMaio, felt there was a discrepancy between the
Resolution's stated acquisition amount of $450,000 and the acquisition price of $400,000 stated in the
Staff Report recommendation. He suggested that any surplus funds be used to compensate Ms. DiMaio
for her properly since he felt there was sufficient flexibility in the proposal to Caltrans to do so. He
inquired about the estimated date for payment of the property.
Mr. Huber indicated that if acquisition of the DiMaio property proved too expensive under Option 5, Option 4
would be implemented for only six less parking spaces. He advised that the grant application would be submitted
to the California Transportation Commission in June or July 1994, with a response shortly thereafter.
(2) Ms. DiMaio concurred with the statements made by Mr. Gamble.
Council Member Hausdorfer felt that the best plan for this project would include the acquisition of the DiMaio
property and encouraged staff to work with Ms. DiMaio on the acquisition of her property. He preferred that
the parking deck not be considered at this time. Council Member Jones indicated that although he lives near the
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294
proposed project, he would vote in this matter as the project would not have a positive or negative impact on his
property.
Adoption of Resolution Approving Change of Scope and Proiect Funding:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution
be adopted approving the change of project scope and funding for the Multi -Modal Parking Area to Option 5,
provided that the acquisition price does not exceed $450,000, in which case Option 4 would be pursued:
RESOLUTION NO. 94-4-5-2, APPROVING A REQUEST FOR CHANGE OF
SCOPE AND PROJECT FUNDING FOR THE MULTI -MODAL PARKING
DECK (CALTRANS) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST
FOR A CHANGE OF SCOPE AND PROJECT FUNDING THROUGH
CONTRACT NO. 75V434 WITH THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION
The motion tamed by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Authorization to Forward Request to California Transportation Commission:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carred
that staff be authorized to forward the request to the California Transportation Commission with a request for
surplus funds to be allocated to City platform projects.
2. APPLICATION FOR GRANT FUNDS FOR REHABILITATION OF CALLE ARROYO AND EL
CAMINO PARK BIKE TRAILS (SENATE BILL 821) (930.50)
Written Communication:
Report dated April 5, 1994, from the Director of Engineering and Building, recommending that City file an
application for the Senate Bill 821 grant program in the amount of $85,000 for the rehabilitation of the Calle
Arroyo bike trail from La Novia Avenue to Paseo Tirador and the El Camino Park Bike Trail from La Zanja
Street to Calle Chueca.
Adoption of Resolution Approving the Application for SB 821 Grant Funding:
It was moved by Council Member Hatsdorfer, seconded by Council Member Nash, that the following Resolution
be adopted:
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4/5/94
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RESOLUTION NO. 94-4-5-3, APPROVING APPLICATION FOR GRANT
FUNDS - REHABILITATION OF CALLE ARROYO AND EL CAMINO PARK
BDA TRAILS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION
FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SENATE BILL 821
AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN
PLAN
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
3. 1993-94 MID -YEAR CAPITAL IMPROVEMENT PROGRAM (330.40)
Written Communication:
Report dated April 5, 1994, from the Director of Engineering and Building, recommending that the proposed
revised revenues and project changes be approved for the 1993-94 Mid -Year Capital Improvement Program.
Approval of Mid -Year Capital Improvement Pro¢rmm:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried
that the 1993-94 Mid -Year Capital Improvement Program be approved as submitted with increases and decreases
in funds.
' DIRECTOR OF PUBLIC LANDS AND FACILITIES
1. AWARD OF CONTRACT- 1994 WEED ABATEMENT PROGRAM (STEWART & ASSOCIATES) (600.30)
Written Communication:
Report dated April 5, 1994, from the Director of Public Lands and Facilities, recommending that the bid for the
abatement of weeds and refuse be accepted as complete and awarded to Stewart & Associates in the amount of
$17,392.25.
Award of Contract for 1994 Weed Abatement Program:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carred
that the bid for the 1994 abatement of weeds and refuse be accepted as complete and awarded to Stewart &
Associates in the amount of $17,392.25. The program was anticipated to commence on May 20, 1994, and
completed by June 30, 1994. The Mayor and City Clerk were authorized to execute the contract on behalf of
the City.
1. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY (THOMAS F. ERIN, MOBILE
HOME PARK REVIEW COMMITTEE) (110.20)
Written Communication:
Report dated April 5, 1994, from Carole Jacklin, Council Services Manager, forwarding the letter of resignation.
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296
Acceptance of Resignation/Declaration of Vacancy: _
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried
to accept the resignation of Thomas F. Erin from the Mobile Home Park Review Committee and to declare the
position vacant Staff was directed to prepare appropriate documents to commend Mr. Erin for his community
service. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the
position for consideration at the May 5, 1994, Council meeting.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaquin Hills Transportation Corridor (800.50)
Mayor Campbell noted the ongoing negotiations between the City and the Transportation Corridor
Agency regarding mitigation measures.
b. League of California Cities (140.20)
Council Member Hausdorfer noted the meeting scheduled for next week.
1. DONATIONS (150.10)
Mayor Campbell expressed appreciation for the $50 donation from Dr. Francine Fong Simpson to the Youth At -
Risk Program and the $50 donation from Rich and Karen Smith to the Youth Sports Program.
2. NORTHWEST SITE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM GRANT (530.40)
Council Member Hausdorfer advised that the City's application for grant funds in the amount of $974,000 for
historic and Open Space preservation was scheduled for final approval at the Orange County Transportation
Authority meeting on April 11, 1994.
3. EL TORO MARINE BASE - REUSE (940.30)
Council Member Hausdorfer noted that he has represented the City on the South County Airport Working Group
and will continue to do so despite Late notices of meetings. He felt it was extremely important for the City to be
active in discussions regarding the reuse of the El Toro Marine Corps Air Station site and recommended that
Council consider his replacement on the Airport Working Group. He noted the need for attendance at the April
18 Executive Council meeting of the El Toro Reuse Planning Authority and indicated he would work with the
City Manager to ensure City representation at that meeting. It was a consensus of the Council that applications
for long-term City representation on the Executive Council be solicited from City Commissioners.
4. FIESTA DE LAS GOLONDRINAS PARADE (150.60)
Council Member Nash commended the Fiesta Association on the success of the Fiesta Parade, particularly on
the number of entries. Council Member Hausdorfer expressed appreciation to the. Sheriffs Department on their
efforts at the parade.
RESPONSE TO VFW LETTER RE: PARADE (150.60)
Council Member Jones noted the letter received in Council slots addressed to the Fiesta Association from Robert
D. Culver, Jr., Vice Commander of Post 3801, VFW, regarding the participation in the parade by Walter D.
Ehlers, Medal of Honor recipient. Council Member Jones stated concerns that Mr. Ehlers' name was never —
announced during the parade, and no City representative was able to welcome him. The other Council Members
indicated they were not aware of his attendance and agreed that a letter of appreciation be sent from the Mayor
and in response to Mr. Culver's letter.
City Council Minutes -12- 4/5/94
297
CLOSED SESSION
' Council recessed to a Closed Session at 9:27 p.m. to confer with and receive advice from the City Attorney regarding the
following items:
Conference with Real Property Negotiator per Government Code Section 54956.8 for property located at 33949
Doheny Park Road, San Juan Capistrano, with Orville Paul, negotiating party, to consider price and terms of
payment; and
2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(c), for the
initiation of litigation in three cases.
The City Clerk was excused therefrom, and the meeting reconvened at 9:55 p.m. Mr. Denhalter advised there was no
action to report on either item.
There being no further business before the Council, the meeting was adjourned at 9:52 p.m. to the next regular meeting
date of Tuesday, April 19, 1994, at 6:00 p.m. in the City Council Chamber for a presentation on the Classification Study
by Ralph Andersen & Associates.
Respectfully submitted,
'RYL JO N, CHY CLERK
ATTEST:
a�/ n
COLLENE CAWBELL, MAYOR
City Council Minutes -13- 4/5/94