94-0705_CC_Minutes_Regular Meeting377
JULY 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 7:04 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the
Flag. Invocation was given by Mayor Campbell.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Gil Jones, Council Member
Carolyn Nash, Council Member
Jeff Vasquez, Council Member
ABSENT: Gary L. Hausdorfer, Council Member
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhatter, 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 Department; Nancy Bernardi,
Recording Secretary.
' It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried that
all Ordinances be read by title only.
' 69 _ 5 /1 I sl 16 1 Doc].) • •
Written Communication:
Report dated July 5, 1994, from Carole Jacklin, Council Services Manager, recommending that
Deputy Jim Lemmerman be selected as San Juan Capistrano's "Deputy of the Year" for fiscal year
1993-94 in honor of his excellent service.
Acceytance of Presentation:
Mayor Campbell presented Deputy Lemmerman with a plaque and certificate and expressed
appreciation to all Sheriffs Deputies in San Juan Capistrano for their outstanding service to the
community. Deputy Lemmerman introduced his family and expressed appreciation to his fellow
Deputies.
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Gillian Cannon, 26467 Calle San Luis, speaking on behalf of herself and Cheryl Larsson, 26456 Paseo
San Gabriel, spoke in strong opposition to the staff recommendation to select the Community
Counseling Center as the City's new Human Relations Consultant. The item was scheduled for
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consideration later on the agenda. She felt that the staff recommendation was based on cost
considerations only and that Nibardo Gomez, of Kenneth Friess & Associates, should continue as the
City's Human Relations Consultant. She expressed concern that she and other representatives of the
Capistrano Villas were not included in the Request for Proposal process for the position and felt that
the proposal by Kenneth Friess & Associates addressed more of the issues of concern to the
Capistrano Villas. She suggested that any action in this matter be delayed to allow the City to
renegotiate the proposal from Kenneth Friess & Associates to reduce its scope and cost. She
submitted a letter dated July 5, 1994, from herself and Ms. Larsson in response to the staff
recommendation in this matter.
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Albert F. Simmons, 32302 Alipaz Street, Space 135, presented a $1,000 check donated by the Seniors
Club as a living memorial to Tom Tracy, to be used towards the new Community Center to be
constructed at the Kinoshita Farm site.
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It was moved by Council Member Jones, 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 Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: Council Member Hausdorfer
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF JUNE 7. 1994
The Minutes of the Regular Meeting of June 7, 1994, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
REGULAR MEETING OF JUNE 7. 1994
The Minutes of the Regular Meeting of June 7, 1994, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JUNE 1994 (300.30)
The List of Demands dated June 13, 1994, in the total amount of $516,870.86 and the List of
Demands dated June 15, 1994, in the total amount of $611,542.37 were received and filed.
As set forth in the Report dated July 5, 1994, from the Director of Planning, the following Resolution
was adopted approving the Revised Environmental Review Guidelines dated May 1994 in compliance
with Section 15022 of the California Environmental Quality Act:
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KrK
RESOLUTION NO, 94-7-5-1_ APPROVING REVISED ENVIRONMENTAL
' REVIEW GUIDELINES DATED JUNE 1994 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING REVISED ENVIRONMENTAL REVIEW GUIDELINES DATED
JUNE 1994 FOR THE CITY OF SAN JUAN CAPISTRANO IN ACCORDANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
5. DENIAL OF CLAIM APPLICATION FOR LEAVE TO FILE A LATE CLAIM
(LINDA BOLGER) (170.10)
The Application for Leave to Present Late Claim received by the City on June 2, 1994, from
Bradley A. Snyder, attorney on behalf of Linda Bolger, was denied, as set forth in the Report dated
July 5, 1994, from the City Attorney.
Proposal:
Consideration of a request to approve: (1) a General Plan Amendment to redesignate the property
from 1.2 (Low Density Residential) to SS (Special Study); (2) a Rezone from Small Estate (ES) to
Precise Plan (PP); and, (3) a Precise Plan for the continued operation of an existing retail nursery. The
public hearing was continued from the meeting of June 7, 1994, to address concerns expressed by
neighbors and the Council.
Aonlicants/Propea Owners:
Leroy and Barbara Stevens
27401 Ortega Highway
San Juan Capistrano, CA 92675
Written Communication:
Report dated July 5, 1994, from the Director of Planning, forwarding a revised Precise Plan in
response to recommendations made by the Council and adjacent neighbors at the meeting of June 7.
The revised Precise Plan would to further restrict uses to only those associated with a nursery. The
Report recommended that the proposed General Plan Amendment, Rezone, and revised Precise Plan
be approved based on the compatibility of proposed land uses with surrounding, existing land uses
and the proposal's consistency with the City's General Plan and Municipal Code.
Exhibits were on display, and Mr. Tomlinson made an oral presentation. He noted that a letter had
been received from the applicants requesting that the hearing be continued to the meeting of July 19;
however, after discussing their concerns with staff, the applicant indicated their willingness to have
the Council take action on this matter at this time. He also noted a telephone call received from Claire
Reed, who expressed concern regarding the applicants' stacking of fertilizer bags in an area visible
from Ortega Highway.
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Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the
following persons responded:
(1) The applicant, Barbara Stevens, requested approval of the proposed Precise Plan as submitted
with a provision that would allow them to return to Council within one year to re -address
issues raised regarding the Precise Plan submitted June 7. She stated that uses proposed on
June 7th such as offices and weddings were never intended for the site. She indicated that
interest had been expressed by Saddleback College to hold classes at the nursery and that the
Fiesta Association has expressed an interest in holding a barbecue there. She emphasized that
the proposed "tea garden" would not become a restaurant -type facility.
(2) Joan Scarantino, 26441 Ortega Highway, felt that only the nursery use should be approved
and spoke in support of the revised Precise Plan.
(3) Claire Reed, 27444 Ortega Highway, expressed concern that fertilizer sacks are currently
being stacked in the front of the property, possibly because delivery trucks cannot access the
rear of the property. She also expressed concern regarding safety issues because of the
difficulty trucks have in entering the property.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Comments:
Council Member Vasquez felt that the revised Precise Plan was a good compromise in
accommodating the needs of the applicants and the concerns of residents and the Council. Council
Member Nash concurred and emphasized that the Council had always intended a nursery use only for
the site. She suggested that a condition be placed on the project to require fertilizer sacks to be stored
at the rear of the property. Council Member Jones felt that the public hearing should be continued
to address the economic viability of the project with the revised Precise Plan if the applicants' request
to readdress certain issues in one year was not supported. Council Members Vasquez and Nash felt
that a decision should be made at this time and expressed satisfaction with the revised Precise Plan.
Adoption of Resolution Approving General Plan Amendment 93-04:
It was moved by Council Member Vasquez, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO, 94-7-5-2. APPROVING GENERAL PLAN AMENDMENT 93-4
(STEVENS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT 93-4 TO CHANGE THE DESIGNATION OF PROPERTY
LOCATED AT 27401 ORTEGA HIGHWAY FROM 1.2 (LOW DENSITY
RESIDENTIALO TO SS (SPECIAL STUDY) (STEVENS)
The motion carried by the following vote:
AYES: Council Members Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: Council Member Hausdorfer
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Introduction of Ordinance AgprovingRezone 93-06 and Precise Plan 93-06:
' 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 Vasquez, seconded by Council
Member Nash, that the following Ordinance be introduced:
APPROVING REZONE 93-6 AND PRECISE PLAN 93-1 (STEVENS) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING REZONE 93-6 AND PRECISE PLAN 93-1 TO PERMIT A RETAIL
NURSERY AT 27401 ORTEGA HIGHWAY (STEVENS)
The motion carried by the following vote:
AYES: Council Members Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: Council Member Hausdorfer
Storage of fertilizer was specifically conditioned in the ordinance and included in the amended Precise
Plan.
Council Member Nash introduced the following Commission representatives in attendance: John Greiner
(Planting Commission), David Swerdlin (Mobile Home Park Review Committee), Marilyn Thorpe (Cultural
Heritage Commission), Pauline Leonard (Parks, Recreation, and Equestrian Commission), and Bill Hardy (Los
Rios Review Committee).
PUBLIC HEARINGS (continued)
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Proposal:
Consideration of a request by Lincoln/Mercury to have the City initiate eminent domain proceedings
on property owned by K & W Korporation to allow the completion of roadway improvements by
Lincoln/Mercury. Lincoln/Mercury had been conditioned to dedicate and improve Valle Road to its
ultimate width. The acquisition would allow improvement of Valle Road consistent with the
Capistrano Volkswagen dealership to the north and consistent with conditions for improving Valle
Road placed on the TMC development to the south.
Written Communications:
(1) Report dated July 5, 1994, from the Director of Engineering and Building, recommending
that the Council adopt a Resolution of Necessity to initiate the eminent domain proceedings.
' (2) Memorandum dated June 30, 1994, from the City Attorney, forwarding a revised Resolution
of Necessity which contained minor modifications.
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Exhibits were on display, and Mr. Huber made an oral presentation. He noted Lincohi/Mercury had
begun efforts to acquire the necessary 1,100 -square -foot right-of-way in January, 1993, at which time
K&W Korporation asked that the entire 51,000 -square -foot parcel be acquired. He advised that the
developer had made attempts since January, 1993 and the property owner had maintained a position
that the entire parcel be acquired. He explained that Jack Lamphere, representing Lincoln/Mercury,
had requested the City's assistance in the use of eminent domain because Mr. Lamphere felt that an
impasse had been reached in trying to obtain the additional right-of-way from the adjacent property
owner. The City had requested the developer to make a final good faith offer to the property owner.
On April 8 the developer offered $5,000; on April 13 the property owner again responded with the
request to purchase the entire parcel. In the interim the property owner submitted a counter offer of
$10,000, which was not accepted by the developer. The developer's appraisal was completed in June
and established a value of $3,110. On June 14 the City presented an offer based on the appraisal.
Staff felt the response from the property owner, which questioned the process, was not an appropriate
response and so the initiation of eminent domain proceedings was scheduled for Council
consideration.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the
following persons responded:
(1) Gerald Klein of the K & W Korporation, 33161 Camino Capistrano, spoke in opposition to
the proposed initiation of eminent domain proceedings by the City. He stated he had received
some telephone calls about acquiring the property, but he had not taken them seriously. He
noted that he had previously received an offer for the right-of-way parcel from the Ford
Motor Company in the amount of $5,000, which he considered the first "real" offer. He
stated he was surprised to receive the offer from the City on June 14, 1994, to purchase the
parcel for $3,110, stating he had never spoken with City staff members about the issue. He
stated he had not been informed of Mr. Lamphere's intent to initiate eminent domain
proceedings until he received a letter from the City on June 20. He felt that an impasse had
not yet been reached since he felt he had no opportunity to negotiate with Mr. Lamphere and
that a deal had been cut between the City and the developer to use eminent domain
proceedings. He felt that the appraisal on the subject property should be based on
commercial zoning and not the current residential zoning. In response to an inquiry by
Council Member Nash, he advised that the first offer from the Ford Motor Company was
received by him on April 13, 1994. In response to Council Member Vasquez, Mr. Klein
stated that to the best of his knowledge there had never been any communication from the
City about the taking of the property.
(2) Ken Johnson, 19100 Von Karmen, 8th Floor, Irvine, representing the developer, Ford Motor
Company, stated that acquisition of the subject parcel had been actively pursued since
January 1993 and that Ford had never been interested in purchasing the entire property. He
stated that the first offer received from K & W Korporation was $100,000 for the entire
property, then a $550,000 offer for the whole parcel, then another offer was made in March
1994 at $17 per square foot for the entire property. He noted that because of the difficulty
in trying to resolve this matter, the developer had to stop work on the public improvements.
He noted that Ford's previous good -faith offer for $5,000 had been refused by the property
owner, as well as the most recent offer from the City for $3,110 which was based on the June
1994 appraisal. He stated the City could not negotiate until the appraisal was completed. He
advised that Ford was not required to inform a property owner of its intention to pursue
eminent domain but that there was still time for negotiation to occur. He stated they would
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383
not have asked for eminent domain unless they felt that they had undertaken good faith
negotiations; further the City had done everything it could do, particularly given the
circumstances of the prior negotiations. The last communications received from Mr. Klein
indicated they wanted more than three times the fair market value for the property. He
requested that the staff recommendation be approved.
Mr. Huber noted that even if the Resolution to initiate eminent domain proceedings were adopted, the
opportunity for both parties to negotiate an acceptable offer in the interim was available. He advised
that the Lincoln/Mercury project was currently under construction but that they were unable to
proceed with any off-site improvements because of their inability to obtain the subject easement.
Council Member Nash stated that the City has historically been very reluctant to participate in
eminent domain proceedings on properties. She felt that the City's participation was justified in this
case, however, particularly since adoption of the proposed Resolution would still allow for the parties
to negotiate and did not include a specific dollar amount. She stated that the City is not obligated to
maintain communication between the two parties. She noted that the appraisal performed in June
1994 was based on the current zoning of the property, which is residential and not commercial. She
felt that the negotiations between the two parties have continued long enough and emphasized the
need for the Lincoln/Mercury project and public improvements to be completed.
Council Member Vasquez stated he was surprised to learn that the City did not contact Mr. Klein
regarding its intention to initiate eminent domain proceedings for the Ford Motor Company and
expressed concern that this lack of communication gives the developer "the upper hand" in the
negotiations. He felt that both parties should resolve this matter together, in person, without the
' involvement of the City; further it was unwise for the City to be involved in this situation for the
small difference in the amount of money involved. He stated he would not support the staff
recommendation.
Mayor Campbell noted that although she lives with 2,500 feet of the subject property, she would not
incur any positive or negative financial impact from this project. However, because Mr. Klein owns
a piece property across the street from her residence, she would rather not vote on this item, although
legally it would be acceptable. She requested the City Attorney's advice on how to proceed since
there was not a full Council in attendance. Mr. Denhalter recommended that the item be continued
to the next meeting of July 19 so that a full Council is present, whether or not Mayor Campbell
decides to abstain in this matter, because of the need for 4 votes of the Council to adopt the
Resolution of Necessity. He noted that this item was presented to Council in Closed Session and
approval to go forward had been given.
Mr. Klein stated he did not wish to delay the project further and offered to negotiate a fair price for
the subject property with the developer. Mayor Campbell requested that representatives of both
parties in attendance confer in the lobby to reach a mutually acceptable offer. She expressed concern
that proceeding with eminent domain would be costly to the City and the developer. The City
Attorney advised that Ford Motor Company had indicated they would prefer to continue the item if
there was any question of having the 4 votes. Council Member Jones expressed concern that eminent
domain proceedings would take more time and be more costly than continuing the hearing.
[This item was recessed while both parties conferred in the lobby. The third public hearing was conducted
during this time, after which discussion of this item resumed.]
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Mr. Klein advised that a tentative offer acceptable to both parties had been reached, subject to final
approval by the Ford Motor Company. Mr. Huber recommended that this matter still be continued
to the meeting of July 19 to ensure that the negotiations had been concluded. Council Member
Vasquez felt that the item should be tabled indefinitely to allow both parties to resolve the matter
without further City involvement. Council Member Nash felt if negotiations were not concluded it
would take more time to re-agendize the matter.
Mayor Campbell stated she would vote in this matter as she would incur no financial gain or loss as
a result of this project.
Continuation of Public Hearing Item:
There being no further input, it was moved by Council Member Jones, seconded by Council Member
Nash, that the item be continued to the meeting of July 19, 1994. If the tentative offer is not approved
by the developer, the Ford Motor Company, the item will continue forward. If the offer is approved
by the developer, no further action will be taken on July 19. The motion was carried by a 3-1 vote,
with Council Member Vasquez voting in opposition.
3. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT
FOR PROPERTY LOCATED AT 33949 DOHENY PARK ROAD
(THE PRICE COMPANY/PRICE CLUB PLAZA) (400.20)
Proposal:
Consideration of a request to amend the Disposition and Development Agreement and Promissory
Note with the Price Company to allow car dealerships at the Price Club Plaza in exchange for the City
retaining 30% of the automobile tax revenues generated by the dealership.
Written Communication:
Report dated July 5, 1994, from Cassandra Walker, Community Development Manager,
recommending that the amendments to the Disposition and Development Agreement and the
Promissory Note be approved.
Exhibits were on display, and Cassandra Walker, Community Development Manager, made an oral
presentation.
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.
Council Discussion:
Council Member Vasquez stated he would not support the proposed amendment because he felt the
City should not be giving sales tax money back to some of the larger retailers, noting he had also
voted against changing the agreement with the Price Club in 1991. He felt this was a trend that
created a very competitive environment between cities to discount money needed to operate. Council
Member Nash explained that without the proposed Disposition and Development Agreement, the City
would receive no sales tax revenue from the dealership. She felt the proposed amendment addressed
a unique situation and was not a trend. Mr. Scarborough noted that for the Lincoln/Mercury
dealership, sales tax revenues were diverted for the construction of off-site improvements. He
explained that under the original Disposition and Development Agreement the Price Company would
receive all sales tax generated by the auto dealership because of the existing sales tax distribution
City Council Minutes -8- 7/5/94
ME
requirement. The new agreement separated the auto dealership revenues from the original Disposition
' and Development Agreement, thereby allowing the City to receive 30% of the sales tax revenue
generated by the dealership. Ms. Pendleton noted that the City would receive approximately $90,000
in sales tax revenues from the proposed dealership in the first year of operation. In response to an
inquiry by Council Member Vasquez, she stated that although another use may eventually pass
through more of its sales tax revenues to the City, the City would probably still derive more sales tax
revenue from the proposed car dealership under the proposed Amendment. Council Member Vasquez
felt that another retailer could eventually occupy that space that would generate enough sales to pass
through more sales tax revenues for the City.
Adoption of Resolution Approving Second Amendment to Disposition and
Development Agreement and Promissory Note:
It was moved by Council Member Nash, seconded by Council Member Jones, that the following
Resolution be adopted:
RESOLUTION NO. 94-7-5-3. APPROVING SECOND AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT AND PROMISSORY NOTE
WITH THE PRICE COMPANY - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT AND PROMISSORY NOTE WITH THE PRICE COMPANY
The motion carried by the following vote:
AYES:
Council Members Jones, Nash, and Mayor Campbell
NOES:
Council Member Vasquez
ABSENT:
Council Member Hausdorfer
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Proposal:
Consideration of recommended reductions for the Fiscal Year 1994-95 budget to reduce the
anticipated deficit of $274,325, as well as the five-year fiscal program for Fiscal Year 1994-99.
Written Communication:
Report dated July 5, 1994, from the Director of Administrative Services, recommending approval of
reductions totaling $214,307 for the Fiscal Year 1994-95 budget to reduce the anticipated deficit of
$274,325, with the shortfall of $60,018 to be reduced through personnel cost reductions.
Ms. Pendleton made an oral presentation.
Public Hearinc:
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.
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Council Discussion:
Council Member Nash recommended: (1) the deletion of the Regional Narcotics and Suppression
Program; (2) the reduction in community promotions funding from $47,000 to $30,000; (3) the
replacement of police radar units; and, (4) the addition of the following Economic Development
programs: a) Shop & Dine San Juan, b) City information packet, c) Walking Tour information, d)
Community Destination Guide, e) Business Resource Center information, I) workshops/meetings, and
g) Business Task Force. Council Member Jones noted that a response was received from the City of
San Clemente indicating that their deletion of the Regional Narcotics and Suppression Program had
no noticeable adverse impacts. He suggested that the Business Task Force urge local businesses to
assume the responsibility for some of the Economic Development programs, perhaps with a matching -
funds program. With regard to community promotions funding, he recommended that the amount not
be reduced at this time to allow the Council's Ad Hoc Committee some flexibility in this matter.
Council Member Vasquez concurred and emphasized the importance of the Council's and staffs
attitudes in promoting local businesses. He felt that deeper budget reductions may be necessary
depending on the outcome of the State budget.
Adoption of Resolution Adopting Five -Year Fiscal Budget for 1994-99:
It was moved by Council Member Nash, seconded by Council Member Jones, that the following
Resolution be adopted, subject to the following:
(1) Minor adjustments may be necessary pending the receipt of recommended reductions by the
Community Services Department;
(2) The deletion of the Regional Narcotics and Suppression Program;
(3) A reduction in community promotions funding from $47,000 to $30,000 is encouraged;
(4) The following new programs totaling $42,600 shall be added:
(a) Replacement of Radar Units (Police Services)
(b) Shop & Dine San Juan (Economic Development)
(c) City Information Packet (Economic Development)
(d) Walking Tour Information (Economic Development)
(e) Community Destination Guide (Economic Development)
(f) Business Resource Center Information (Economic Development)
(g) Workshops/meetings (Economic Development); and
(h) Business Task Force (Economic Development):
RESOLUTION NO, 94-7-5-4. ADOPTION OF FISCAL BUDGET 1994-99 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A FIVE-YEAR FISCAL PROGRAM
AND OPERATING BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO
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The motion carried by the following vote:
AYES:
NOES:
ABSENT:
RECESS AND RECONVENE
Council Members Jones, Nash, Vasquez, and Mayor Campbell
None
Council Member Hausdorfer
Council recessed at 8:55 p.m. and reconvened to the San Juan Capistrano Community Redevelopment Agency
meeting at 9:01. The Council meeting reconvened at 9:10 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
Written Communications:
(1) Report dated June 21, 1994, and resubmitted July 5, 1994, from the City Manager, regarding
a proposal by Jerry Harris to use a portion of the Northwest Open Space site for a "California
Countryfest and Rodeo" on August 19, 20, and 21. The Council was requested to consider
whether to grant the use on City -owned Open Space land and to provide a fee structure for
the short-term lease of the area and recover any City -incurred costs. The Report also
addressed potential impacts to the site and the community if the event were approved and
included recommended conditions of approval.
(2) Memorandum dated July 1, 1994, from the City Manager, regarding the letter submitted by
the applicant dated June 30, 1994, to downsize the event and conduct it solely on the
Buchheim property at the corner of Junipero Serra and Camino Capistrano as in previous
years and not the Northwest Open Space The memo noted that the newly proposed event
would still require an exemption from the City's special events moratorium.
(3) The following letters in support of the proposed event from: Han Chua of Mission Texaco,
Dennis Medeiros of Sarducci's Restaurant, Ben Dashti of San Juan Capistrano Chevron, and
Leah Holsten of Vaquero West Mercantile.
Mr. Scarborough discussed the new proposal by Mr. Hams and the need to exempt the event from
the City's special events moratorium.
Public Comments:
(1) Anita Adkisson, 31211 Calle Del Campo, and Mrs. Michael Guddy, 31878 Ortega Highway,
spoke in favor of the event in San Juan Capistrano, either as originally proposed or as revised.
Mrs. Guddy commended the quality of the events conducted by Mr. Harris and noted the
number of visitors the event attracts to the City's restaurants and stores. Ms. Adkisson
suggested that the event be expanded and held at the Northwest Open Space site next year.
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(2) Tom Facon, 32901 Avenida Descanso, representing the Chamber of Commerce, read a letter
from the Chamber's Board of Directors, signed by president Richard Hanson, in support of
the proposed event. The letter noted that events such as this encouraged money to be spent
within the City instead of outside the community.
Council Member Nash expressed concern that the applicant may be unable to provide the necessary
information to the City within sufficient time prior to the event, e.g. August 1.
Jean Young, 24662 San Vincent, Mission Viejo, representing the applicant, felt there would not be
a problem with the deadline. She noted that security for the event would be provided by 180 mounted
personnel from the Orange County Chapter of the Search and Rescue and 250 volunteers from the
California Country Music Association. She stated that with the applicant needed to obtain the
necessary insurance; the other information required to complete the Special Activities Permit had been
completed and filed.
Council Member Vasquez inquired whether the special events moratorium required noticing.
Mr. Scarborough explained that although notification was not required, staff instituted a practice to
notify surrounding properties of special events. Mr. King further advised that the moratorium was
originally recommended by staff to address concerns regarding the increase in the number of events
occurring in the City, i.e. duplication of activities, excessive use of available sites, and impacts on
surrounding neighborhoods. He noted that some pre-existing events, such as the Kiwanis carnival,
were exempted from the moratorium. Council Member Vasquez felt he could not support this item
because it was a different event and it would be more appropriate to continue the item for a staff report
for that site identifying the impacts, benefits and problems.
In response to Council Member Jones, the City Manager advised that pre-existing events specifically
allowed by the moratorium did not require Council consideration. However, if the Kiwanis Club
wished to conduct an event not allowed under the moratorium, then Council would have to take action
to approve that event. Council Member Jones noted that this event will now take place entirely on
private property and is much like the carnival and circus held over the past year and is similar to the
rodeo held on the site last year. Council Member Nash stated that she would support the event at the
Buchheim She noted that the revised event was significantly different that the one proposed for the
Northwest Open Space site. Council Member Vasquez stated he would now support the event but still
had concern regarding traffic and requested that staff ensure that the event meets all requirements for
parking.
Approval to Exempt 1994 California Countryfest and Rodeo from Special Events Moratorium:
It was moved by Council Member Jones, seconded by Mayor Campbell, and unanimously carried that
the proposed 1994 California Countryfest event on August 19-21, 1994, to be held entirely on the
Buchheim property at the comer of Junipero Serra and Camino Capistrano be exempted from the
Special Events Moratorium, subject to the applicant submitting all information required by the Special
Activities Permit by August 1, 1994.
COUNCIL POLICYNO, •7�j1 YaT,�i7•1f111•lK•IfJ►[•llli� t�.(iZ
•amu (610,30)
Written Communication:
Report dated July 5, 1994, from Carole Jacklin, Council Services Manager, recommending that a
Council Policy be adopted requiring Council ad hoc committees to provide a written report to the
Council at the conclusion of their deliberations.
City Council Minutes -12- 7/5/94
ME
Adoption of Council Policy No. 117:
' It was moved by Council Member Vasquez, seconded by Council Member Nash, and unanimously
carried that Council Policy No. 117 be adopted requiring Council ad hoc committees to provide a
written report to the Council at the conclusion of their deliberations.
3. COUNCIL POLICY NO. 118 - REPORTS ON CONFERENCES/SEMINARS (610,30)
Written Communication:
Report dated July 5, 1994, from Carole Jacklin, Council Services Manager, recommending that a
Council Policy be adopted requiring Council Members to provide a written report of their attendance
at City -paid conferences and seminars to the Council for the next available Council agenda.
Adoption of Council Policy No. 118:
It was moved by Council Member Vasquez, seconded by Council Member Nash, and unanimously
carried that Council Policy No. 117 be adopted requiring Council Members to provide a written report
of their attendance at City -paid conferences and seminars to the Council for the next available Council
agenda.
4. AGREEMENT FOR PROVISION OF GANG SUPPRESSION SERVICES BY
COUNTY PROBATION DEPARTMENT AND SHERIFF'S DEPARTMENT IN
SOUTH COUNTY CITIES (600.50)
Written Communication:
Report dated July 5, 1994, from Jennifer Murray, Assistant to the City Manager, recommending that
' the City participate in the South Orange County Gang Prevention and Suppression Program, along
with the Cities of Dana Point, Laguna Niguel, and Laguna Hills, for Fiscal Year 1994-95, at a cost of
$17,930 for the San Juan Capistrano's share of the program.
Jennifer Murray, Assistant to the City Manager, made an oral presentation. Connie Havens,
Supervisor, and Todd Thomas, Deputy Probation Officer assigned to San Juan Capistrano and other
cities, introduced themselves.
Approval of Agreement with County for Gang Prevention and Suppression Services:
It was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously
carried that the Agreement for Provision of Gang Prevention and Suppression Services between the
County and the Cities of Dana Point, Laguna Hills, Laguna Niguel, and San Juan Capistrano be
approved for the period beginning July 1, 1994, through June 30, 1995, at a cost of $17,930 for San
Juan Capistrano's share of the program.
6Yei11e[�IIY[�l►[�I�OUIi•/:���:7el1I:rM[�J►f.YK�h1.Y�1N 1I:6YIgC1T1Id0
Council Member Jones indicated he would abstain from discussion/voting in this matter due to a
potential conflict of interest. He stated that he has a business relationship with Kenneth Friess &
Associates in that he receives direct compensation from the firm for his services.
Written Communications:
(1) Report dated July 5, 1994, from Jennifer Murray, Assistant to the City Manager, summarizing
' the Request for Proposal process for the selection of the City's Human Relations Consultant
and recommending that the Community Counseling Center be selected.
City Council Minutes -13- 7/5/94
390
(2) Letter dated July 1, 1994, from the Capistrano Villas II Homeowners Association, requesting
that Nibardo Gomez, of Kenneth Friess & Associates, be retained as the City's Human
Relations Consultant.
Jennifer Murray, Assistant to the City Manager, made an oral presentation.
Mayor Campbell inquired whether the information included in the City's Request for Proposal had
been made clear to the candidates. Ms. Murray indicated that it had, including the funds budgeted for
the position.
Public Comments:
(1) Jim Harrison, 27514 Calle Arroyo, representing Community Counseling Center, discussed
the background and focus of the Center. He stated that in addition to addressing alcohol and
drug problems in the community, the Center is also involved in tenantilandlord disputes and
has experience in dealing with homeowners associations.
(2) Luis Arellano, 32221 Alipaz Street, Space 132, stated that he has worked at the Center for
over twelve years. He noted that he has seen improvement in the lives of some gang
members and in the reduction of graffiti in the City over the years. He emphasized the need
to establish awareness and an educational program for tenants to help them understand what
is expected of them by the community, to develop social skills, learn the laws, etc. He felt
that the Center has already gained the trust and acceptance of many residents and was well
qualified for the position. He noted that he has been a counselor for the past twelve years,
in private practice in behavioral psychology for three years prior to that, and has experience
in mediation and conflict resolution, particularly with parents and children.
Council Member Nash inquired how his time as the City's Human Relations Consultant would be
spent. Mr. Arellano stated that 70% of his time would be spent in the field, with the remaining 30%
in the office. Council Member Nash expressed concern that the office would not be in close proximity
and easy access for residents of the Capistrano Villas. Mr. Arellano indicated that residents of the
Villas currently visit the Center, which is located next to the health care on Calle Arroyo. Mayor
Campbell felt that communication and awareness were extremely important and should be enhanced
in the program. She noted that the Center has received funding from the City over the years and felt
that the proposed contract was appropriate.
Selection of Human Relations Consultant:
It was moved by Council Member Vasquez, seconded by Council Member Nash, that the Community
Counseling Center be selected as the City's Human Relations Consultant, at a cost of $66,851 to
$69,351 per year. Staff was directed to negotiate a contract with the Center for City Council approval
at a future date. The motion was carried with Council Member Jones abstaining.
[U I -,I Ocei • ' • ► ►! ►!T\`►17Ii11i4H1►rmlD)A1NJ*1
1994-95 • : • RECLAMATION
AUTHORITY'S BUDGET
Written Communication:
Report dated July 5, 1994, from the Director of Engineering and Building, recommending that the
1994-95 SERRA budget be approved and the City's proportionate share adopted.
City Council Minutes -14- 7/5/94
391
Mr. Huber made an oral presentation.
' Council Member Jones and Mayor Campbell expressed concern that the Director's fees were proposed
to be increased from $50 to $100 per meeting and that it was an inappropriate action given economic
conditions in general. Council Member Vasquez explained that as a result of revisions to the Brown
Act, SERRA meetings are required to be noticed and SERRA policy required compensation for all
agendized meetings and the increase was in line with compensation received by Directors in similar
agencies.. He felt that SERRA has done an outstanding job in trying to keep costs down, including
job sharing between the SERRA and Laguna Niguel plants. He noted that the actual costs to construct
the administration building in Dana Point were lower than originally estimated, saving additional
money.
Approval of SERRA Budget and Adoption of City's Share:
It was moved by Council Member Jones seconded by Mayor Campbell, and unanimously carried that:
(1) The 1994-95 SERRA budget in the amount of $5,164,960 be approved; and
(2) The City's proportionate share in the amount of $1,617,750 be adopted, with $13,950 to be
allocated to the General Fund, $1,163,500 to Project Committee #2, $348,390 to Project
Committee #2R, $59,160 to Project Committee #5, and $32,750 to Pretreatment.
R111-1510 ne"Kam 18 1 ISO
Written Communication:
Report dated July 5, 1994, from Carole Jacklin, Council Services Manager, noting that the vacancy
had been advertised and one application was received.
Appointment of Ad Hoc Committee:
It was a consensus of the Council that Council Members Nash and Hausdorfer be appointed to an ad
hoc committee to interview the candidate for the Los Rios Review Committee vacancy and to provide
a recommendation at the meeting of July 19, 1994. Said committee shall be dissolved upon the final
selection of a candidate.
"•1u • • 4 811 ; • K u•: .•u .S, .
•U 1 1
Written Communication:
Report dated July 5, 1994, from Carole Jacklin, Council Services Manager, noting that the vacancy
had been advertised and one application was received.
Appointment of Ad Hoc Committee:
It was a consensus of the Council that Council Members Nash and Hausdorfer be appointed to an ad
hoc committee to interview the candidate for the Mobile Home Park Review Committee vacancy and
to provide a recommendation at the meeting of July 19, 1994. Said committee shall be dissolved upon
the final selection of a candidate.
City Council Minutes -15- 7/5/94
392
3. ACCEPTANCE OF DONATION -SAN JUAN CREEK PARK (150,101
Written Communication:
Report dated July 5, 1994, from the Director of Administrative Services, recommending that the City
accept the donation of $2,862 from the Swallow's Day "Bossy Bingo" fund raising event and remit
the Grand Prize of $1,000 from the proceeds, for a net donation of $1,862 toward the San Juan Creek
Park project.
Acceptance and Remittance of Donation:
It was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously
carried that the City accept the donation of $2,862 from the Swallow's Day "Bossy Bingo" fund
raising event. Staff was directed to remit the Grand Prize of $1,000 from the proceeds, for a net
donation of $1,862 toward the construction of the San Juan Creek Park project.
4. ORAL REPORTS OF OUTSIDE AGENCIES
a. Leaeue of California Cities (140.20)
Mayor Campbell noted that the League voted to support the Pressley Bill that would roll back
the Inmates' Bill of Rights, which will soon be addressed by the State legislature.
COUNCIL COMMENTS
Mayor Campbell commended the Community Services Department on their successful efforts in this
year's Fourth of July event.
2. BANNER PROGRAM FOR HOME FURNISHING CENTER (410.40)
Mayor Campbell noted the plywood wall which has been constructed by the Orange County Transit
Authority along the freeway frontage during construction of the High Occupancy Vehicle lanes. She
expressed concern that the wall blocked the only signage for stores at the Home Furnishings Center
and that the stores have erected their own signage to attract attention from the freeway. Mr. Huber
noted that the OCTA would begin the construction of sound walls neat week, and the walls should
be completed within three weeks thereafter. He noted that no sound walls would be constructed in
the area fronting the subject stores. Council Member Jones concurred with Mayor Campbell's
comments but expressed concern that allowing temporary banners could set an undesirable precedent.
Mr. Tomlinson advised that a revised sign program for the Home Furnishings Center was agendized
for Planning Commission approval on July 26, which would not require review by the Council. He
explained that the revised program would provide opportunities for tenants to have individual signs
with backlit channel lettering to provide greater visibility from the freeway, as permitted by the City's
Sign Ordinance. He noted that any new tenants would be allowed temporary banners until the revised
sign program for the center is approved by the Planning Commission. He indicated that a status report
would be provided to the Council.
It was the consensus of the Council that no specific action be taken on this matter at this time.
City Council Minutes -16- 7/5/94
393
3. WELCOME SIGN (410.40)
' Council Member Vasquez forwarded a suggestion given to him by a member of the Rotary Club to
install a "Welcome to San Juan Capistrano' sign in a visible location. Council Member Vasquez felt
that the sign could be aesthetically pleasing and would provide City identification to freeway
motorists passing by. He suggested that staff create a concept plan for the sign. Council Member
Nash stated that the suggestion had been brought up many times in the past without receiving support
and that City staff was involved with a number of other priority projects. Council Member Jones
noted that many people have complained to him about the lack of a sign welcoming people to the
community. It was a consensus of the Council that the Business Task Force could review this matter,
if desired.
CLOSED SESSION
Council recessed to a Closed Session at 10:27 p.m. for:
1. License/Permit Determination per Government Code Section 54956.7, with one applicarit;
Conference with Real Property Negotiator per Government Code Section 54956.8 for property known
as "all City streets," with Dimension Cable TV, negotiating party, to consider price and terms of
payment;
3. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, for the
case known as Save Our San Juan v. City of San Juan Capistrano; Transportation Corridor Agency;
' 4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(c),
for the initiation of litigation in two cases; and
5. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough,
representing Management and Classified Employees.
The City Clerk was excused therefrom, and the meeting reconvened at 11:55 p.m. Mr. Denhalter advised there
was no action to report on any of the items.
�`1tZi J.►Iu
There being no further business before the Council, the meeting was adjourned at 11:55 p.m. to the next
regular meeting date of Tuesday, July 19, 1994, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
AAA
FERYL-J4N96N, CITY CLERK
ATTEST:
COLLENE PBELL, MAYOR
City Council Minutes -17- 7/5/94