94-0916_CC_Minutes_Regular Meeting441
SEPTEMBER 6,1994
' 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 7:03 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Assembly Member Camy Sullivan of the Baha'i Faith/Local Spiritual Assembly of 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; Dawn Schanderl,
Deputy City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. Huber, Director of
Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; Lt. Paul Sullivan, Chief
of Police Services; Nancy Bernardi, Recording Secretary.
' MOTION TO READ BY TITLE ONLY
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that
all Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
1. RECOGNITION OF ASSOCIATED SENIOR ACTION PROGRAM VOLUNTEER (610.40)
Mayor Campbell presented Bob Titus with a Community Service Award in recognition of his efforts as
a volunteer with the City's Associated Senior Action Program, noting his service in patrolling the City's
parks. She stated that Mr. Titus has donated over 750 hours. Mr. Titus expressed appreciation to his
fellow Program members.
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Mayor Campbell presented Community Service Awards to Deputies Jerry Larson and Timothy Moy for
their many efforts on behalf of the residents of San Juan Capistrano while serving on the first Sheriff s
Department Special Enforcement Team in the City. Deputies Moy and Larson expressed appreciation
to the Council and the community for their support.
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ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
CAPISTRANO VALLEY BOBBY SOX ALL STARS (130.401
Cathy Ott, manager of the Capistrano Valley Bobby Sox League, introduced the team members who
competed in the National Championships in Sparks, Nevada in August 1994, Ms. Ott presented a
plaque to the Council and expressed appreciation for the City's donation of $2,000 for travel expenses
that was approved on July 19, 1994.
INTRODUCTION OF COMMISSIONERS (110.10)
Council Member Nash introduced the following Commission representatives in attendance: John Greiner
(Planning Commission), Mary Rose Winkler (Mobile Home Park Review Committee), Sheldon Cohen
(Transportation Commission), and Pauline Leonard (Parks, Recreation, and Equestrian Commission).
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, 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
APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF AUGUST 2 1994
The Minutes of the Regular Meeting of August 2, 1994, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR
MEETING OF AUGUST 2. 1994
The Minutes of the Regular Meeting of August 2, 1994, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF AUGUST 17. 1994 (300.30)
The List of Demands dated August 17, 1994, in the total amount of $680,173.72 was received and filed.
q AWARD OF CONTRACT - PREVENTATIVE STREET MAINTENANCE 1993-94.
CAMINO CAPISTRANO FROM DEL OBISPO TO ORTEGA HIGHWAY. AND DEL
OBISPO STREET FROM CAMINO CAPISTRANO TO ORTEGA HIGHWAY (ALL
AMERICAN ASPHALT) (600.30)
As set forth in the Report dated September 6, 1994, from the Director of Engineering and Building, the
contract for Preventative Street Maintenance 1993-94—Camino Capistrano from Del Obispo Street to —
Ortega Highway, and Del Obispo Street from Camino Capistrano to Ortega Highway—was awarded to
the lowest responsible bidder, All American Asphalt, in the amount of $179,856.80. 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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' S. APPROVAL OF PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE
BIDS - BASKETBALL COURT LIGHTS AT OLD SERRA HIGH SCHOOL (600.30)
As set forth in the Report dated September 6, 1994, from the Director of Engineering and Building, the
plans and specifications were approved for the construction of a lighting system for the two side-by-side
basketball court lights at the Old Serra High School. Staff was authorized to call for bids.
6. APPROVAL OF RESOLUTION. QUITCLAIM OF ABANDONED SEWER EASEMENT
LOCATED AT THE SOUTHWEST CORNER OF ORTEGA HIGHWAY AND VIA
CRISTAL - TENTATIVE PARCEL MAP 92-107 (HANKEY) (670.50)
As set forth in the Report dated September 6, 1994, from the Director of Engineering and Building, the
following Resolution was adopted quitclaiming the sewer easement within Tentative Parcel Map 92-107:
RESOLUTION NO. 94-9-6-1. APPROVING QUITCLAIM OF SEWER
EASEMENT. TENTATIVE PARCEL MAP 92-107 (HANKEY/PALMER) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING QUITCLAIM OF A SEWER
EASEMENT WITHIN TENTATIVE PARCEL MAP 92-107 (HANKEY/PALMER)
The City Clerk was directed to forward the deed to the County Recorder for recording.
7. DENIAL OF CLAIM - PERSONAL INJURY (CHARLEE KING -ADAMS) (170.10)
' The claim received by the City on July 29, 1994, from R. M. Jacobs and Coleen K. Bort, attorneys with
Jacobs & Jacobs, on behalf of Charlee King -Adams for personal injuries, was denied, as set forth in the
Report dated September 6, 1994, from the City Attorney.
PUBLIC HEARINGS
1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
PROPOSED SECOND AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT
FOR PROPERTY LOCATED AT 31781-31831 CAMINO CAPISTRANO (FRANCISCAN
PLAZA INVESTMENT GROUP/FARBER) (400.20)
Pr :
Consideration of a proposal by the Franciscan Plaza Investment Group to accelerate the remaining two
supplemental rent payments to be made under the Lease Agreement with the CRA in order to provide
a more even cash flow situation.
A lin:
Franciscan Plaza Investment Group
31781 Camino Capistrano
San Juan Capistrano, CA 92675
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Written Communication: _
Report dated September 6, 1994, from the Director of Administrative Services, recommending that the
request by the Franciscan Plaza Investment Group to accelerate the remaining two supplemental rent
payments be approved, including a budget adjustment to the CRA's Debt Service Fund in the amount
of $125,790 to cover the resulting increase in expenditures for fiscal year 1994-95.
Ms. Pendleton made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the
following person responded:
(1) The applicant, Paul Farber, stated he was present to answer any questions.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Adoption of Resolution Approving Second Amendment to Owner Participation Agreement with
Franciscan Plaza Investment Groun:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the following
Resolution be adopted:
RESOLUTION NO 94-9-6-2. APPROVING SECOND AMENDMENT TO OWNER
PARTICIPATION AGREEMENT (FRANCISCAN PLAZA INVESTMENT
GROUPIFARBER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A SECOND
AMENDMENT TO AN OWNER PARTICIPATION AGREEMENT WITH
FRANCISCAN PLAZA INVESTMENT GROUP (FARBER)
The motion carred by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:32 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:33 p.m.
ADMINISTRATIVE ITEMS
POLICE SERVICES
REVISED BAIL SCHEDULE (580.30)
Written Communication:
Report dated September 6, 1994, from the Chief of Police Services, recommending that:
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' (1) The amount of bail for certain identified parking violations in the City be increased from $27
to $32 to be consistent with other South County cities; and
(2) The amount of bail for unauthorized parking in a physically handicapped parking zone be
increased from $102 to $275 to be consistent with State statues.
Lt. Sullivan made an oral presentation.
Adoption of Resolution Revising the Bail Schedule for Parking Violations:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the following
Resolution be adopted:
RESOLUTION NO. 94-9-6-3- AMENDMENT TO BAIL SCHEDULE - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REVISING THE BAIL SCHEDULE FOR VIOLATIONS SET
FORTH IN SECTION 1-2.08 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
' ABSENT: None
COUNCILMANIC ITEMS
i
1. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE) (140.20)
Written Communication:
Report dated September 6, 1994, from the City Clerk, requesting that a voting delegate and alternate be
selected to attend the League of California Cities Annual Conference on behalf of the City on
October 23-25, 1994, in Long Beach.
Annointment of Voting Delegate and Alternate:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that Council Member Jones serve as the City's voting delegate, and Mayor Campbell serve as the
alternate, at the League's Annual Conference on October 23-25, 1994.
2. ORAL REPORTS OF OUTSIDE AGENCIES
None.
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COUNCIL COMMENTS
CHAMBER OF COMMERCE LEGAL ACTION COMMITTEE
Council Members Jones and Nash volunteered to attend the September 9th meeting of the Chamber of
Commerce Legal Action Committee in place of Mayor Campbell.
2. DONATIONS TO THE CITY (150.10)
Council Member Nash noted the following donations made to the Citys recreation program: Cathy
Erickson (electric potter's wheel), Phyllis Orgeich (arts and crafts supplies), and Manh Che of Carl's Jr.
(coupons for food and drinks).
CLOSED SESSION
Written Communication:
Memorandum dated September 6, 1994, from the City Attorney, advising that discussion of additional items had
become necessary after the Agenda deadline and requesting they be added for consideration by the City Council
during Closed Session.
Approval to Add Additional Items for Consideration During Closed Session:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried that
two items be added for consideration during Closed Session, as requested by the City Attorney, regarding
continuing litigation re: Save Our San .Tuan v. City of San Juan Capistrano, Transportation Corridor, et al, _
and potential litigation re: significant exposure to litigation on two additional items.
Council recessed at 7:35 p.m. and recessed to a Closed Session at 7:45 p.m. for:
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for
significant exposure to litigation in three cases, and Government Code Section 54956.9(c) for the
initiation of litigation in one case;
2. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough,
representing Management and Classified Employees; and
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, et al.
The City Clerk was excused therefrom, and the meeting reconvened at 9:48 p.m.
ACTION FOLLOWING CLOSED SESSION
The City Council unanimously authorized the City Attorney to participate in negotiations regarding County v.
Harrison. Mr. Denhalter advised there was no action to report on the remaining items.
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' ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:50 p.m. to the next regular
meeting date of Tuesday, September 20, 1994, at 7:00 p.m. in the City Council Chamber.
ATTEST:
MAYOR
Respectfully submitted,
CHERYL JOHNSON. CITY CLERK
By: DAWN SCHANDERL, DEPUTY CITY CLERK
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