94-0517_CC_Minutes_Regular Meeting333
MAY 17,1994
' 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 Monsignor Paul Martin of the Mission San Juan Capistrano.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Gary L. Hausdorfer, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
Jeff Vasquez, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City
Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. Huber, Director of Engineering and
Building Services; Thomas Tomlinson, Director of Planning Services; Al King, Jr., Director of Community Services;
Ronald C. Sievers, Director of Public Lands and Facilities; Lt. Paul Sullivan, Orange County Sheriffs Department; Nancy
Bernardi, Recording Secretary.
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' It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that all
Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
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Written Communication:
Report dated May 17, 1994, from the Council Services Manager, forwarding a recommendation to present John
and Martha Diaz with the 1994 John R Williams Public Service Award in recognition of their dedicated efforts
to benefit the children of San Juan Capistrano.
The award was presented to Mr. and Mrs. Diaz by Mayor Campbell. Mr. and Mrs. Diaz expressed appreciation
to the City Council and the community for their support.
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Council Member Nash noted the following Commission representatives in attendance: Cheryle Hodge (Planning
Commission), David Swerdlin (Mobile Home Park Review Committee), Pauline Leonard (Parks, Recreation, and
Equestrian Commission), and Mike Rosenberger of the Transportation Commission.
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Orrie Brown, President of the San Juan Elementary School PTA, expressed appreciation to Mr. and Mrs Diaz
' for their outstanding work and positive attitude in working to resolve problems in the community. Michael Hoy,
President of San Juan Elementary School, also acknowledged the efforts of Mr. and Mrs. Diaz and thanked the
City Council Minutes -1- 5/17/94
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community and the San Juan Task Force for their support. Martha Diaz' daughter expressed appreciation to her
parents for their community involvement.
CONSENT CALENDAR
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, 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, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES
Adjourned Regular Meeting of April 19. 1994
The Minutes of the Adjourned Regular Meeting of April 19, 1994, were approved as submitted.
b. Regular Meeting of ADril 19, 1994
The Minutes of the Regular Meeting of April 19, 1994, were approved as submitted.
C. Adjourned Regular Meeting of ADril 25. 1994
The Minutes of the Adjourned Regular Meeting of April 25, 1994, were approved as submitted.
Council Members Hausdorfer and Vasquez abstained.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES
a. Regular Meeting of April 19, 1994
The Minutes of the Regular Meeting of April 19, 1994, were approved as submitted.
a. Adjourned Reg lu Meeting of ARril 25. 1994
The Minutes of the Adjourned Regular Meeting of April 25, 1994, were approved as submitted.
Council Members Hausdorfer and Vasquez abstained.
l •: • U • •'ui :. QUIC•7VI ••1 1
The Report dated May 17, 1994, from the Planning Director, advising that no new development applications
were received by the City since the last report of April 19, 1994, was received and filed.
As set forth in the Report dated May 17, 1994, from the City Clerk, the following Resolution was adopted
authorizing the destruction of records listed in Exhibit "A" of the Resolution, with the exception that CRA
agenda packets be removed from the fist, as requested by Council Member Nash:
RESOLUTION NO 94-5-17-1 DESTRUCTION OF RECORDS - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS
City Council Minutes -2-
5/17/94
335
NOW
As set forth in the Report dated May 17, 1994, from the Director of Engineering and Building, the following
Resolutions were adopted a) declaring the work for the Traffic Signal Railroad Preemption - Del Obispo Street
from Alipaz Street to Paseo Mercado de Capistrano - to be complete and b) requesting the payment of funds
allocated from the Arterial Highway Financing Program in the amount of $7,500:
RESOLUTION NO. 94-5-17-2 COMPLETION OF TRAFFIC SIGNAL RAB,RO
PREEMPTION - DEL OBISPO STREET FROM ALIPAZ STREET TO PASEO MERCADO
DE CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL PREEMPTION - DEL
OBISPO STREET TO PASEO MERCADO DE CAPISTRANO
RESOLUTION NO. 94-5-17-3, REQUESTING ALLOCATION OF ARTERIAL,
HIGHWAY FINANCING PROGRAM FUNDS TRAFFIC SIGNAL
INTERCONNECT/RAB,ROAD PRE-EMPTION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING
THE COUNTY OF ORANGE TO ALLOCATE ARTERIAL HIGHWAY FINANCING
PROGRAM (AHFP) FUNDS FOR DEL OBISPO STREET BETWEEN ALIPAZ STREET
AND PASEO MERCADO DE CAPISTRANO
Resolution No. 94-5-17-2 accepted the work as complete in the amount of $14,580 and directed the City Clerk
to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention
in the amount of $1,458 thirty-five (35) days after recording the Notice of Completion.
6. AWARD OF CONSTRUCTION CONTRACT - EL HORNO (LIBRARY) PARKING LOT
(ADVANCED CONSTRUCTION) (600.30)
As set forth in the Report dated May 17, 1994, from the Director of Engineering and Building, the contract for
the construction of the El Homo (Library) parking lot was awarded to the lowest responsible bidder, Advanced
Construction, in the amount of $222,347.10. 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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As set forth in the Report dated May 17, 1994, from the Director of Engineering and Building, the License
Agreement Amendment #1 with Mr. Hideo Shibata was approved to allow the City to access, construct, maintain,
and operate temporary pipelines on an additional area of Mr. Shibata's property. The Mayor was authorized to
execute the document on behalf of the City.
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As set forth in the Report dated May 17, 1994, from the Director of Engineering and Building, the License
Agreement with Mr. and Mrs. Miller was approved with Council Member Hausdorfer abstaining, to retain the
City's rights to cause the removal of pilasters and fencing located in the City's Irrevocable Offer of Dedication
' in the event the Offer were to be accepted and public improvements conflicted with their placement. The Mayor
and City Clerk were authorized to execute the Agreement on behalf of the City, and the City Clerk was
authorized to forward the Agreement to the County Recorder.
City Council Minutes -3- 5/17/94
336
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The Report dated May 17, 1994, providing an annual status report on the Citywide Curbside Recycling Program
was received and filed.
10. DENIAL OF CLAIM - GENERAL DAMAGES (RONALD WEBB) (170 10)
The claim received by the City on April 9, 1994, from Steven G. Pratt, attorney on behalf of Ronald Webb, for
general damages, was denied, as set forth in the Report dated May 17, 1994, from the City Attorney.
11. DENIAL OF CLAIM - GENERAL DAMAGES (BRENT J. WEBB) (170.10)
The claim received by the City on April 9, 1994, from Steven G. Pratt, attorney on behalf of Brent J. Webb, for
general damages, was denied, as set forth in the Report dated May 17, 1994, from the City Attorney.
12. DENIAL OF CLAIM - INDEMNITY EQUITABLE CONTRIBUTION AND DECLARATORY
RELIEF (LORI RODRIGUEZ) (170.10)
The claim received by the City from Larry T. Pleiss, attorney on behalf of Lori Rodriguez, for indemnity,
equitable contribution, and declaratory relief, was denied, as set forth in the Report dated May 17, 1994, from
the City Attorney.
13. APPROVAL OF RESOLUTION AND APPLICATION FOR LOCAL SENATE BILL 821 GRANT
FUNDS FOR INSTALLATION OF HANDICAPPED ACCESS SIDEWALKS TO PLAYGROUND
EQUIPMENT (AMERICANS WITH DISABILITIES ACT) (585.40)
As set forth in the Report dated May 17, 1994, from the Director of Engineering and Building, the following
Resolution was adopted authorizing the application for Senate Bill 821 Local Grant Funds in the amount of
$8,800 for the construction of sidewalks to allow handicapped access to playground equipment at Acu and
Mission Bell Parks:
RESOLUTION NO. 94-5-17-4. APPROVING APPLICATION FOR 1994-95 LOCAL
SENATE BELL 821 GRANT FUND ALLOCATIONS - HANDICAPPED ACCESS TO
PLAYGROUND EQUIPMENT - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION
FOR LOCAL PEDESTRIAN FUNDS UNDER SENATE BILL 821
PUBLIC BEARINGS
I AMENDMENT TO THE MUNICIPAL CODE DELETING THE ENVIRONMENTAL REVIE
BOARD, C 11 ►VI •Elul_ AL • • I • ' AND DESIGNATING
AUTHORITY TO THE DIRECTOR OF PLANNING FOR APPOINTMENT OF ZONING
ADMINISTRATOR (410,70/110. 11
Proposal:
Consideration of an amendment to the Municipal Code to replace the existing Environmental Review Board with
an Environmental Administrator and to shift the appointment responsibility for the Zoning Administrator from
the City Manager to the Planning Director in order to help streamline the development process.
Written Communication:
Report dated May 17, 1994, from the Planning Director, recommending approval of the proposed Amendment.
Mr. Tomlinson made an oral presentation.
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337
Public Hearing:
' Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and there being no
response, closed the hearing with the right to reopen at any time.
Introduction of Ordinance Approving Amendment:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that
the following Ordinance be introduced:
AMENDING TITLE 2. ARTICLE 4 (ENVIRONMENTAL REVIEW BOARD) TITLE 9
ARTICLE 2. SECTION 9-2.202 (ADDING ENVIRONMENTAL ADMINISTRATOR).
AND TITLE 9. ARTICLE 4. SECTION 9-2.403 (APPOINTMENT OF ZONING
ADMINISTRATOR) OF THE MUNICIPAL CODE - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, ARTICLE 4
(ADMINISTRATION), TITLE 9, ARTICLE 2, SECTION 9-2.202 AND ARTICLE 4,
SECTION 9-2.403 (LAND USE) RELATING TO DUTIES AND RESPONSIBILITIES OF
THE DIRECTOR OF PLANNING IN THE ADMINISTRATION OF THE PROVISIONS
OF THESE TITLES
The motion carried by the following vote:
Proposal:
Consideration of a draft Disposition and Development Agreement (DDA) between the Community
Redevelopment Agency and San Juan Partners for the sale of the Downtown Commercial Complex. The
negotiated Disposition and Development Agreement provides for a purchase price of $1,105,000 for the property
"as is," a commitment for the rehabilitation and economic revitalization of the entire complex within twelve
months, and a 60 -day escrow.
Written Communication:
Report dated May 17, 1994, from the Director of Administrative Services, recommending that the draft
Disposition and Development Agreement be approved, that a 60 -day escrow opened, and that the Executive
Director be authorized to conclude the sale.
Ms. Pendleton made an oral presentation. She recommended that the hearing be continued to the meeting of
June 7, 1994, to allow staff and the City Council/CRA to review the final draft of the Disposition and
Development Agreement, which had been received by staff earlier this date and was not available to the
Council/CRA prior to the meeting. She added that a draft had been made available to the public prior to the
meeting and that the proposed revisions were not substantive in nature. Mr. Scarborough noted that the City
Attorney had reviewed the final draft and determined there were no outstanding issues to be resolved. Minor
revisions made by the City Attorney were incorporated into the draft document submitted to the Council at the
meeting. Mr. Denhalter added that he would review the document further to ensure that the exhibits referenced
in the document were correct.
City Council Minutes -5- 5/17/94
AYES:
Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES:
None
ABSENT:
None
2. JOINT PUBLIC
HEARING WITH THE COMMUNITY
REDEVELOPMENT AGENCY -
'
PROPOSED DISPOSITION AND DEVELOPMENT
AGREEMENT FOR EL PEON COMPLEX
LOCATED AT 26822-26842 ORTEGA HIGHWAY
AND 31752-31762 CAMINO CAPISTRANO
(SAN JUAN PARTNERS)
(400.20)
Proposal:
Consideration of a draft Disposition and Development Agreement (DDA) between the Community
Redevelopment Agency and San Juan Partners for the sale of the Downtown Commercial Complex. The
negotiated Disposition and Development Agreement provides for a purchase price of $1,105,000 for the property
"as is," a commitment for the rehabilitation and economic revitalization of the entire complex within twelve
months, and a 60 -day escrow.
Written Communication:
Report dated May 17, 1994, from the Director of Administrative Services, recommending that the draft
Disposition and Development Agreement be approved, that a 60 -day escrow opened, and that the Executive
Director be authorized to conclude the sale.
Ms. Pendleton made an oral presentation. She recommended that the hearing be continued to the meeting of
June 7, 1994, to allow staff and the City Council/CRA to review the final draft of the Disposition and
Development Agreement, which had been received by staff earlier this date and was not available to the
Council/CRA prior to the meeting. She added that a draft had been made available to the public prior to the
meeting and that the proposed revisions were not substantive in nature. Mr. Scarborough noted that the City
Attorney had reviewed the final draft and determined there were no outstanding issues to be resolved. Minor
revisions made by the City Attorney were incorporated into the draft document submitted to the Council at the
meeting. Mr. Denhalter added that he would review the document further to ensure that the exhibits referenced
in the document were correct.
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Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following
person responded:
(1) The applicant, Steve Nordeck, San Juan Partners, stated that it was their intent to complete the seismic
retrofitting well within the twelve-month time frame to ensure the economic viability of the project.
He anticipated that new tenants could move in by Christmas 1994. He concurred with the staff
recommendation.
Council Discussion:
Council Member Jones inquired whether the City Attorney felt comfortable with the Council/CRA approving
the Disposition and Development Agreement this date instead of continuing the matter. Mr. Denhalter stated
that his main concern was that the exhibits reflect what was currently in the draft Disposition and Development
Agreement. Council Member Nash felt that the hearing should be continued to allow the Council/CRA to review
the Disposition and Development Agreement prior to approval. Council Member Hausdorfer suggested that the
Disposition and Development Agreement be approved this date, subject to the approval of the City Attorney.
Council Member Jones concurred, noting that the existing tenants were concerned about their future at the site.
Mayor Campbell suggested that a adjourned meeting be called to allow Council/CRA review of the Disposition
and Development Agreement before approving the document. Council Member Vasquez preferred that the
hearing not be continued and suggested that the Disposition and Development Agreement be approved this date,
subject to the approval of Council Member Nash after reviewing the document with the City Attorney.
Continuation of Public Hearing:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried
that the hearing be continued to an Adjourned Meeting to be held on Tuesday, May 24, 1994, at 11:00 a.m. in
the Council Chamber, for consideration of this item.
RECESS AND RECONVENE
Councilrecessed at 7:40 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened
at 7:40 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. FORMATION OF BUSINESS TASK FORCE (470.20)
Written Communication:
Report dated May 17, 1994, from Douglas Dumhart, Management Assistant I1, recommending that the formation
of a seven -member Business Task Force be approved as part of the City's economic enhancement program.
Douglas DumhaM Management Assistant II, made an oral presentation and requested that the Council give
consideration to the recruitment of the task force.
Public Comments:
(1) Tim Bolen, representing the Chamber of Commerce, submitted copies of a letter dated May 17, 1994,
from the Chamber in support of the task force formation, with the following revisions: a) an ad hoc
committee be appointed by the Council consisting of two Council Members, two City staff members,
and the cochairmen of the Chamber's Economic Development and Hospitality Council (EDHC); and
b) the "Shop and Dine San Juan" program and associated programs be tabled until the Business Task
Force has been able to integrate them into an overall business strategy. He felt that the support of the
City was vital to the success of this program because of the difficult economic times.
(2) Joe Campbell had requested to speak but was not in attendance when called to speak.
City Council Minutes -6- 5/17/94
339
Council Member Hausdorfer felt that an ad hoc committee comprised of four City representatives would involve
too much participation on the part of the City. He felt that the private sector would be the catalyst that would
make the task force successful, noting that the City's main source of sales tax revenue is derived from businesses
such as the Price Club and the automobile dealerships. Instead, he suggested that Council Members Nash and
Jones be appointed to the Task Force with Mayor Campbell as the alternate. Council Member Vasquez
concurred and felt that a representative from each of the business sectors within the community identified in the
Staff Report should participate, making a nine -member task force. Council Member Nash recommended that
the task force meet twice a month rather than once a month to implement the programs more quickly. Mayor
Campbell felt that a larger committee would be beneficial in providing more input.
Council Member Vasquez inquired whether the Council's involvement in the task force would have any conflict
with the Brown Act. Mr. Denhalter advised that involvement in public funds may constitute a conflict and that
any decisions before the Council involving recommendations from the task force that would financially benefit
any Council Member would require an abstention by that Council Member. He noted that the meetings would
be publicly noticed since they will be considered public meetings.
Aporoval of Formation of Business Task Force:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried
that a nine -member Business Task Force be formed, as follows:
(1) Council Members Nash and Jones were appointed as the Council's representatives on the Task Force,
with Mayor Campbell as alternate.
(2) Council Members Nash and Jones were authorized to appoint one representative each from a financial
institution, Mission San Juan Capistrano, Chamber of Commerce, commercial broker or leasing agent,
retail, industrial/manufacturing, and restaurant, based upon recommendations from the business
' organizations.
(3) The Task Force shall be terminated after one year. After the end of the one-year period, the Council
shall re-evaluate the committee, if necessary.
(4) The Task Force shall meet twice a month.
Written Communication:
Report dated May 17, 1994, from Cassandra Walker, Community Development Manager, recommending that
a "Shop and Dine San Juan" business promotion strategy be approved, including a promotional strategy for
advertising and special promotional events, two separate City/business publications, and creation of a business
resource center. The Report also recommended that $33,500 be appropriated from the current budget for this
program.
Cassandra Walker made an oral presentation.
Mayor Campbell felt that direct-mail advertising would attract more interest than banners and window posters;
Council Member Nash concurred. Council Member Vasquez felt that the window posters would be beneficial
and that the printing costs for the business information packet would be lower than anticipated. He felt that
direct-mail advertising was less effective and concurred with the staff recommendation as proposed. Council
Member Jones agreed with Mr. Bolen's request during the Business Task Force item to set aside this matter until
the Task Force was formed and operating; Council Member Hausdorfer concurred and felt that the Task Force
and not the Council should be specific in its recommendations for the program.
' Approval of "Shop and Dine San Juan" Promotional Strategy:
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously carried
that $33,500 be appropriated from current budget unallocated funds for the Shop and Dine San Juan program,
City Council Minutes -7- 5/17/94
340
with specific uses for the funds to be determined by the Business Task Force. Staff was directed to reagendize
the item when suggestions have been received from the Business Task Force.
DIRECTOR OF PLANNING SERVICES
CONCEPTUAL IMPROVEMENT PLANS FOR INSTALLATION OF A PORTION OF THE
EXISTING TRABUCO CREEK SANITARY SEWER (600.30)
Written Communication:
Report dated May 17, 1994, from the Planning Director, recommending that the conceptual improvement plans
for the installation of a portion of the existing Trabuco Creek sanitary sewer be approved, subject to conditions.
Adoption of Resolution Approving Mitigated Negative Declaration and Conc2Rtual LWroyement Plans for
Portion of the Existing Trabuco Creek Sanitary Sewer:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution
be adopted:
RESOLUTION NO. 94-5-17-5. APPROVAL OF MITIGATED NEGATIVE
DECLARATION AND CONCEPTUAL IMPROVEMENT PLANS - TRABUCO CREEK
SEWER BY-PASS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION AND CONCEPTUAL IMPROVEMENT PLANS FOR TRABUCO
SEWER BYPASS WITHIN THE CITY OF SAN JUAN CAPISTRANO (CAPITAL
IMPROVEMENT PROJECT 700)
The motion carred by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
2. NATURAL
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(CONTINUED FROM MAY 3,1994)
Written Communication:
Report dated May 17, 1994, from the Planning Director, recommending that the City approve its participation
in the planning phase of the Natural Communities Conservation Program (NCCP) for Coastal Sage Scrub
Communities. This item was continued from the meeting of May 3, 1994, because of Council concerns with the
positions of environmental groups and organizations such as the National Audubon Society, Sierra Club,
National Resources Defense Council, etc.
William Ramsey, Senior Planner, addressed the Council's previously expressed concerns regarding the positions
of environmental groups. He advised that Dan Silver of the Endangered Habitat League had urged that the City
participate in this effort and support a comprehensive planning approach. Mr. Peter DiSimone of the National
Audubon Society had stated it was important for the City to be part of the program.
Mr. Tomlinson noted that the program would not involve any cost to the City, and that a condition would be
added to the resolution requiring that language to that effect be included in the proposed Memorandum of
Agreement.
Council Member Vasquez felt that his concerns had been addressed and urged that the implementation phase of
the program be monitored.
City Council Minutes -8- 5/17/94
341
Adoption of Resolution Approving the City's Participation in the Planning Phase of the NCCP for
Coastal Sage Scrub Communities:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the following
Resolution be adopted, with a condition requiring a modification to the Memorandum of Agreement:
RESOLUTION NO. 94-5-17-6. NATURAL COMMUNITIES CONSERVATION
PROGRAM FOR COASTAL SAGE SCRUB. MEMORANDUM OF AGREEMENT FOR
THE PLANNING PHASE (PHASE Il - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
PARTICIPATION IN THE PLANNING PHASE (PHASE 1) OF THE NATURAL
COMMUNITIES CONSERVATION PROGRAM AND AUTHORIZING EXECUTION OF
THE MEMORANDUM OF AGREEMENT
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
3. MODIFICATION TO APPROVED SIGN PROGRAM TO ALLOW NATIONAL TRADEMARKS
AND LOGOS FOR PLAZA DEL OBISPO (STROSCHER/PAYLESS SHOESOURCE) (410.40)
Written Communications:
(1) Report dated May 17, 1994, from the Planning Director, recommending that the previously approved
' sign program for Plaza Del Obispo be modified to allow the use of nationally registered trademarks and
logos, including lettering style and colors, subject to administrative review for compliance with Section
9-3.603(e)(3) of the Municipal Code.
(2) Memorandum dated May 17, 1994, from the Planning Director, recommending revised language to
ensue that the proposed modification would apply only to the Payless ShoeSource only and not the
entire Plaza Del Obispo center.
Mr. Tomlinson made an oral presentation.
Approval of Modification to Sign Program for Plaza Del Obispo:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carred that the
proposed modification to the approved sign program for Plaza Del Obispo be approved allowing the use of a
nationally registered trademark for a proposed Payless ShoeSource, including both lettering and colors, subject
to administrative review for compliance with Section 9-3.603(e)(3) of the Municipal Code. This modification
shall only apply to the use of the Payless ShoeSource trademark sign.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
KNAWkslaualr
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Written Communication:
Report dated May 17, 1994, from the Director of Engineering and Building, recommending that a formal
voluntary program be established to encourage the retrofitting of unreinforced masonry buildings to comply with
State law.
Dan McFarland, Building Official, made an oral presentation, explaining that the City has complied with State
law but never officially notified the State of the program.
City Council Minutes -9- 5/17/94
342
Adoption of Resolution Formally Establishing a Voluntary Program for Seismic Retrofitting:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the following
Resolution be adopted:
RESOLUTION NO. 94-5-17-7, ESTABLISHING A VOLUNTARY SEISMIC
RETROFITTING PROGRAM FOR UNREINFORCED MASONRY BUILDINGS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A VOLUNTARY SEISMIC RETROFITTING
PROGRAM FOR UNREINFORCED MASONRY BUILDINGS IN CONFORMANCE
WITH CHAPTER 12.2 OF DIVISION 1 OF TITLE 2 OF THE GOVERNMENT CODE
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
2. PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - TRABUCO DE LA
VISTA SEWER FROM ALIPAZ STREET TO CALLE SANTA BARBARA (TRABUCO SEWER
EMERGENCY REPAMS) (600.30)
Written Communication:
Report dated May 17, 1994, from the Director of Engineering and Building, recommending that the plans and
specifications for construction of the Trabuco De La Vista sewer from Alipaz Street to Calle Santa Barbara be
approved.
Mr. Huber made an oral presentation.
AgRroval of Plans and Specifications and Authorization to Receive Bids:
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously carried
that the plans and specifications for construction of the Trabuco De La Vista sewer from Alipaz Street to Calle
Santa Barbara (Trabuco Sewer Emergency Repair) be approved. Staff was authorized to receive bids.
DIRECTOR OF PUBLIC LANDS AND FACH-JTIES
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Written Communication:
Report dated May 17, 1994, from the Director of Engineering and Building, recommending that the contracts
with Modem Tree Service for City tree trimming, Botaco, Inc. for the landscape maintenance of City parkways
and parks, and California Landscape Maintenance for the landscape maintenance of City Landscape Maintenance
Districts be extended for two-year periods.
Mr. Sievers made an oral presentation, noting that no increase in costs would be incurred by the City as a result
of the proposed extensions.
ARRroyal of Contract Extensions:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that the
subject contracts be extended for the two-year period ending June 30, 1996, as follows:
City Council Minutes -10- 5/17/94
343
(1) Modern Tree Service (for City tree trimming) in the amount of $55,400 per year;
' (2) Botaco, Inc. (for the landscape maintenance of City parkways) in the amount of $57,000 per year;
(3) Botaco, Inc. (for the landscape maintenance of City parks) in the amount of $60,000 per year; and
(4) California Landscape Maintenance (for the landscape maintenance of City Landscape Maintenance
Districts) in the amount of $32,930 per year.
DIRECTOR OF COMMUNITY SERVICES
SHORT-TERM HUMAN RELATIONS CONSULTING SERVICES AGREEMENT (GRERN
MOUNTAIN RESOURCES. INC.) (600.30)
Written Communication:
Report dated May 17, 1994, from the Director of Community Services, recommending that a short-term
agreement, effective through August 1994, be approved with Green Mountain Resources, Inc. to provide Human
Relations Services. Nibardo Gomez, as an employee of Green Mountain Resources, would be covered by
liability insurance and would provide the services to the City to ensure the continuation of human relations
services for the remainder of fiscal year 1993-94 and through the upcoming Request for Proposal process for
this position.
Mr. King made an oral presentation, noting that the proposed Agreement would be retroactive to May 1, 1994.
ARproval of Human Relations Consulting Services Agreement:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried
that the Independent Contractor Agreement for Human Relations Services with Green Mountain Resources, Inc.
be approved effective May 1, 1994, through August 31, 1994, in the amount of $4,361 per month, not to exceed
$17,444 over the term of the Agreement.
COUNCILMANIC PTEMS
1. SETTING DATE FOR COUNCIL, COMMISSION. AND STAFF WORKSHOP (610.15)
Written Communication:
Report dated May 17, 1994, from Carole Jacklin, Council Services Manager, regarding the Council's desire to
conduct a workshop for all Council, City commissions, boards, and staff.
Council Member Nash urged that the workshop be held as soon as possible in order to benefit from the expertise
of long-term Council Members before the election in November. Council Member Vasquez felt it would be
better to hold the workshop sometime after the election in November so that any newly elected Council Members
would be able to provide their input. Council Member Hausdorfer felt that the workshop should be held early
in 1995 with any newly elected Council Members to include their opinions and ideas into the process. Council
Member Jones concurred. He felt that if the workshop were held before the election, newly elected Council
Members may request that another workshop be held for their benefit, which would incur additional costs. He
also felt that new Members would be more objective.
Motion to Schedule City WorkshoR During the First Week of Seotember 1994 (Failed):
It was moved by Council Member Nash, seconded by Mayor Campbell, that the Council/Commission/ Staff
workshop be scheduled for the first week of September 1994. The motion failed by a 2-3 vote, with Council
Members Hausdorfer, Jones, and Vasquez voting in opposition.
Scheduling of Council/Commission/Staff Workshop:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the Council/
Commission/Staff Workshop be scheduled for the fourth week of January 1995. The motion carried by a 4-1
vote, with Mayor Campbell voting in opposition.
City Council Minutes -11- 5/17/94
344
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. League of California Cities (140.20)
Council Member Hausdorfer noted that at the League meeting on May 12, there was no resolution
regarding the replacement of Eileen Krause as an alternate position on OCTA. He indicated his support
for Councilman Tom Wilson of Laguna Niguel and recommended that another Council Member attend
the June 9 League meeting to cast the City's vote since he may be unable to attend. It was a consensus
of the Council that Council Member Nash be appointed to attend the June 9 League meeting in place
of Council Member Hausdorfer to cast the City's vote for Councilman Tom Wilson; and that the City
Manager will also attend.
COUNCIL COMMENTS
NORTHWEST OPEN SPACE SITE (530.40)
CouncilMember Jones expressed appreciation to Ron Sievers and Sharon Heider, Open Space Project Manager,
Jean Lacouague, and Bill Bathgate for their excellent tour of the diseased/dead trees marked for removal at the
Northwest Open Space site. Council Members extended their appreciation to staff for their work on this item.
2. EL TORO REUSE PLANNING AUTHORITY (940.30)
Council Member Hausdorfer stated it was necessary to reinstate him as the City's representative on the EI Toro
Reuse Planning Authority. He noted that this advisory -only board had no decision-making power and that its
primary focus was on forming subcommittees to conduct various studies.
Finding for Consideration of Off -Agenda Item: --
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried
to find that this item was not available prior to publication of the Council agenda and consideration was
necessary at this time.
Reannoinbnent of Council Member Hausdorfer as. City's Renresentative on El Toro Reuse Plannine Authority:
It was moved by Council Member Jones, seconded by Mayor Campbell, and unanimously carried that Council
Member Hausdorfer be reappointed as the City's representative on the EI Toro Reuse Planning Authority, with
Council Member Nash as the alternate. Staff was directed to forward a letter to Supervisor Riley notifying his
office of the appointments.
SOUTH ORANGE COUNTY AIRPORT WORKING GROUP (940.30)
Council Member Hausdorfer advised that this working group is comprised of South County cities and that its
value to San Juan Capistrano, who has never formally joined the group, was unknown at this time. He noted that
the group is trying to raise a large amount of funds and recommended that the City acknowledge its existence
without investing any funds. Mr. Scarborough felt that the City's participation was valid and noted that funding
for the group could not be authorized without a formal request from the group for formal consideration by the
City Council.
Finding for Consideration of Off-Aeenda Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried
to find that this item was not available prior to publication of the Council agenda and consideration was
necessary at this time.
Authorization of City Manager's Participation in Working Group:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried
that the City Manager and Council Member Nash be authorized to participate as the City's representatives in the
South Orange County Airport Working Group, noting that this action does not authorize any funding.
City Council Minutes -12- 5/17/94
345
' Council recessed to a Closed Session at 8:55 p.m. for:
1. Conference with Real Property Negotiator per Government Code Section 54956.8 for property located at
Junipem Serra Road at Camino Capistrano, with negotiating party Pearl Williams Estate, to consider price and
terms of payment. The City Attorney advised there was no action to report.
2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9 for the case known
as Save Our San Juan v. City ojSan Juan Capistrano.
The City Attorney read the following announcement:
"In reviewing two separate legal activities in Closed Session, the City Council has taken the following actions
with regard to anticipated litigation pursuant to Government Code Section 54956.9(c),
BACKGROUND
The Transportation Corridor Agency has notified the City of its intention to file a proceeding in eminent domain
to acquire portions of Rancho Viejo Road and related properties. Steps have been taken by TCA to appraise such
property and a notice of appraisal has been received by the City. The City is informed and believes that such
action anticipated the filing and service of the case known as Save Our San Juan v. City of San Juan Capistrano.
eta ., which has now occurred.
Over the past months the City and its representatives to the TCA have negotiated with great effort to persuade
the TCA to make many improvements and mitigations on that portion of the proposed San Joaquin Toll Road
' Project that intersects the City. Identified in this process have been major concessions to the City with regard
to landscaping, irrigation, grading, drainage, erosion control, roadway design, intersection signals, bicycle lanes,
equestrian trails, soundwalls, light and glare shielding, freeway improvements and construction scheduling to
avoid local disruption.
It is estimated that the value to the City of these concessions by TCA is approximately two and one-half million
dollars.
Earlier communications from TCA indicated that if eminent domain became necessary, all funding earmarked
toward these improvements would be redirected to pay for the legal costs and would otherwise be lost to the City.
After the filing of the SOS lawsuit, the City again approached TCA in an effort to salvage these hard-won
concessions. TCA has recently agreed in good faith to negotiate settlement of the eminent domain process in
a manner that will preserve the improvements and mitigations requested by the City, and has offered such an
agreement to the City.
Tonight in closed session, the Council authorized the City Manager to execute the final form of the pre -
condemnation settlement agreement.
The vote was:
AYES: Jones
Hausdorfer
Campbell
Nash"
NOES: Vasquez. ABSENT: ABSTAINING:
3. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(c), for the
initiation of litigation in two cases. The action taken in Closed Session on the first case was the same as in Item
2 above. No action was taken on the second case.
City Council Minutes -13- 5/17/94
346
The City Clerk was excused therefrom, and the meeting reconvened at 10:45 p.m.
��1710111;7Uu1��
There being no further business before the Council, the meeting was adjourned at 10:48 p.m. to Tuesday, May 24, 1994,
at 11:00 a.m. in the City Council Chamber for the continued public hearing on the proposed El Peon Disposition and
Development Agreement.
City Council Minutes -14-
Respectfully submitted,
5/17/94