94-1004_CC_Minutes_Regular Meeting461
OCTOBER 4, 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 7:02 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Doran Tregarthen, Saint Margaret of
Scotland Episcopal Church.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Carolyn Nash, Mayor pro tem
Gary L. Hausdorfer, Council Member
Gil Jones, Council Member
ABSENT: Jeff Vasquez, Council Member
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning
Services; Ronald Sievers, Director of Public Lands and Facilities; Al King, Director of Community
Services; Lt. Paul Sullivan, Orange County Sheriffs Department.
�HIJ tDICKLIX0 41 l 1
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously
carried that all Ordinances be read by title only.
31 Ii:1.:►1 I -u ►J: �I►
Written Communications:
Report dated October 4, 1994, from the City Clerk, forwarding the proposed Proclamation.
Presentation of Proclamation:
Council Member Hausdorfer commended the Fire Department for their services to the City
and presented the proclamation to Battalion Chief Greg Lusher.
City Council Minutes -1- 10/4/94
462
FE. INTRODUCTIQN OF NEW ASSOCIATED SENIORS ACTION PROGRAM MEMBERS
(610,40)
Written Communications:
Report dated October 4, 1994, from the Council Services Manager, advising that four
individuals had recently completed training for the Associated Senior Action Program.
Introduction of New Members:
Mayor Campbell introduced Rolland Ray, Art Jones, William Timoti, and Bob Johnson.
M101430U (OKKU . 1 �
Written Communications:
Report dated October 4, 1994, from the Council Services Manager.
Mayor Campbell recognized and commended Cynthia Pendleton, Director of Administrative
Services; and, Ronald Sievers, Director of Public Lands and Facilities.
Musa Sharaf, owner of Cynthia's Tea Room, 26842 Ortega Highway, advised he had bought
the business 1'h years ago; that in September he was notified by the City that the property had
been sold and he must vacate the premises. He advised the Council that he did not wish to
leave his current location and suggested that since the City had apparently assisted other
business owners in the area perhaps he would be eligible for assistance.
Mayor Campbell noted that Mr. Sharafs lease had not been with the City and suggested that
he meet with the City Manager to discuss his options.
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 Jones, Hausdorfer, Nash,
and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
City Council Minutes -2- 10/4/94
The Minutes of the Regular Meeting of September 6, 1994, were approved as submitted.
2. APPROVAL OF COMMLZNITY REDEVELOPMENT AGENCY MINUTES
OF IC . 6 •..
The Minutes of the Regular Meeting of September 6, 1994, were approved as submitted.
C L i�l• 1 u-: ► • =49MIMI 1
The List of Demands dated September 8, 1994, in the total amount of $931.76, Warrant No.
52037, and the List of Demands dated September 8, 1994, in the total amount of
$138,469.40, Warrant No. 52150-52219, were received and filed.
The City Treasurer's Report of Investments as of August 31, 1994, in the total amount of
$13,448,626.78, was ordered received and filed.
5. AWARD OF CONTRACT - TRABUCO/ DE LA VISTA SEWER FROM
' (TRaUCO SEWER EMERGENCY REPAIRS (COLICH & SONSI (600.30)
As set forth in the Report dated October 4, 1994, from the Director of Engineering and
Building, the contract for the Trabuco/De La Vista Emergency Sewer Repairs from Alipaz
Street to Calle Santa Barbara was awarded to the low responsible bidder, Colich & Sons, in
the amount of $439,096. All other bids were rejected. The Mayor and City Clerk were
authorized to execute the document on behalf of the City.
L
• • a U 110ATA 1 cul ►I/ UT 14 \ use relW114,11i10
IN
As set forth in the Report dated October 4, 1994, from the Director of Engineering and
Building, the following Resolution was adopted approving Amendment No. 5 to the South
East Regional Reclamation Authority Joint Powers Agreement to change the number of
Directors of the SERRA Board necessary to constitute a quorum from 3/4 of the Directors
to 2/3 of the Directors:
City Council Minutes -3- 10/4/94
463
M-1
RESOLUTION NO. 94-10-4-1. APPROVING AMENDMENT NO. 5 TO
THE SERRA JOINT POWERS AGREEMENT - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE SOUTH
EAST REGIONAL RECLAMATION AUTHORITY JOINT POWERS
AGREEMENT - MODIFICATION OF QUORUM REQUIREMENTS
: / _•A[•1�[•Jltll'(K•1.1►[•Ji1il•I�ILK'/►[•)f�Z1IIIK• ulul _ • � �_ •
As set forth in the Report dated October 4, 1994, from the Council Services Manager, the
revision to Council Policy No. 202 was approved to reflect the Municipal Code provision for
expiration of terms of office on March 31 of each year.
The Claim for injuries and damages filed by Bradley W. Hertz of the law offices of Reed and
Davidson, on behalf of James Righeimer, was denied in its entirety, as set forth in the Report
dated October 4, 1994, from the City Attorney.
The following items was removed from the Consent Calendar at the request of Council Member
Nash.
Council Member Nash noted there had been discussion regarding the height of the proposed
signs. The Director of Engineering and Building advised that the signs in the Los Rios area
will be lowered to approximately four feet; the signs in the Capistrano Villas would be
lowered to five to six feet.
Council Member Jones advised he would abstain on this item due to a potential conflict of
interest relating to the project's proximity to his business and residence.
It was moved by Council Member Hausdorfer, seconded by Council Member Nash and
carried with Council Member Jones abstaining to conceptually approve the project to install
speed humps and appurtenant signing and pavement legends on Los Rios Street and Avenida
de la Vista in the Capistrano Villas neighborhood, as set forth in the Report dated October 4,
1994, from the Director of Engineering and Building. The Plans and Specifications for the
project were approved and staff was authorized to call for bids.
City Council Minutes 4- 10/4/94
465
Council Member Nash introduced the following Commission representatives in attendance: John
Greiner and Cheryle Hodge, Planning Commission; David Swerdlin, Mobile Home Park Review
Committee; Bill Sonka, Transportation Commission; and Pauline Leonard, Parks, Recreation, and
Equestrian Commission.
Nm
AI• • I I •mmmj R-mulavali = 11 I 1
Proposal:
Hearing to consider whether the monthly rates charged by Dimension Cable Services for the
basic service tier and relalted equipment rental, as well as installation and related transaction
charges during the period of September 1, 1993, to July 14, 1994, were appropriate, based
on the Federal Communications Commission Rules and Regulations.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
(1) Report dated October 4, 1994, from the Director of Administrative Services, advising
that on September 21, 1993, City Council Resolution No. 93-9-21-3 established
procedures for certification and regulation by the City of basic cable television service
rates. Pursuant to Federal Communications Commission regulations, City staff
requested and received from Dimension a detailed report outlining the justification for
the rates charged for basic and related services. That report was reviewed by Public
Knowledge, Inc., who subsequently prepared a summary of the results of their review
and presented recommendations for adjustments to Dimension's cable TV rates.
(2) Memorandum dated October 4, 1994, from Mary Laub, Management Assistant II,
advising that Barbara Adams, a San Juan Capistrano resident, had telephoned to
express her support of the staff recommendation.
Mary Laub, Management Assistant II, made an oral presentation. She advised that the
consulting firm of Public Knowledge, Inc., had been retained by the south Orange County
cities who were the franchising authorities of Dimension Cable Services, to review the
Federal Communications Commission Form 393 cable television rate filing submitted by
Dimension Cable Services. She noted that the discrepancies identified in the consultant's
report related to the "a la carte channels" and additional outlet charges. She emphasized that
the issue for Council consideration was whether the rates charged by the Basic Service Tier
' and associated equipment and services were appropriate.
City Council Minutes -5- 10/4/94
466
Jay Smith, of Public Knowledge, discussed the findings and recommendations resulting from
review of the Federal Communications Commission Form 393 submitted by Dimension Cable
Services: i.e., (1) the charges for additional outlets were not supported and should be
disallowed; (2) the "a la carte" services which were previously on a regulated tier should be
treated as regulated services; and, (3) franchise fees should be excluded from the charges.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing and
the following person responded:
(1) Mark Stuckey, representing Dimension Cable Television, addressed the three areas
of disagreement with the Public Knowledge report; i.e, the "a la carte" channels,
additional outlet charges, and exclusion of franchise fees from the equipment
installation revenue. He urged that the staff recommendation, which was based on the
Public Knowledge report, not be adopted.
Disapproving Certain Rates and Charges and Ordering Refund:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the
following Resolution be adopted:
CAPISTRANO, CALIFORNIA, PURSUANT TO SECTIONS 76.936,
76.941 AND 76.942 OF THE RULES AND REGULATIONS OF THE
FEDERAL COMMUNICATIONS COMMISSION DISAPPROVING
RATES AND CHARGES FOR THE BASIC SERVICE TIER IN EFFECT
FROM SEPTEMBER 1, 1993, TO JULY 14, 1994 AND ORDERING
REFUNDS (DIMENSION CABLE SERVICES)
The motion carried by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash,
and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Council recessed at 7:53 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:55 p.m.
City Council Minutes -6- 10/4/94
467
ADMINISTRATIVE ITEMS
r
DIRECTOR OF ENGINEERING AND BUIELDING SEILVICEd
I INTRODUCTION OF ORDINANCE AMENDING TITLE 4- CHAPTER 7 OF
THE I' •• •► OF ••R •
Written Communications:
Report dated October 4, 1994, from the Director of Engineering and Building, forwarding
revised vendor regulations in response to complaints that the current regulations do not
provide adequate protection to residences from the negative impacts associated with intense
vendor activity. The proposed revisions: (1) included a requirement for trash removal; (2)
limited vending to the hours of 8:00 a.m., to 6:00 p.m., Monday through Saturday; (3) limited
parking at any one location to 30 minutes, with a requirement that the vehicle relocate a
minimum of 100 feet to a new parking place; (4) limited to 3 the number of vending vehicles
that may park or stand together; (5) provided for a minimum distance from residences of 30
feet in Very Low to Medium density zones and 40 feet in Medium High and High density
zones; (6) prohibited cooking of foods within residential districts; (7) prohibited vending on
any street narrower than 36 feet; (8) established an annual Code Enforcement Fee for each
vendor permit to help defray the costs associated with enforcing vending regulations; and (9)
allowed City Council approval of a Special Vending Activity Permit to authorize special
vending activities on public property. The Report further advised that extensive meetings had
been held with vendor operators and representatives of affected homeowner associations and
that recommendations received at those meetings had been incorporated into the proposed
regulations.
Exhibits were on display and the Director of Engineering and Building advised that the
proposed vendor regulations were an outgrowth of the Neighborhood Preservation program.
Dan McFarland, Building and Safety Manager, made an oral presentation and reviewed the
proposed revisions to the current regulations.
Public Comment:
(1) Dave Sarin, representing Melodie Ice Cream, 1502 West 5th Street, Santa Ana, cited
objections to Section 4-7.08(d), prohibiting music; and, new Section 4-7.07(e),
limiting hours of vending. He felt music was important to ice cream trucks and
suggested that music could be limited by distance sounds would carry or by decibels.
He further advised that during the summer months, the majority of their business
occurs after the proposed time limit. He suggested extending vending hours during
daylight savings time.
(2) Derek Christiansen, 31972 Calle Winona, advised that vending practices have caused
problems in neighborhoods that do not have homeowner associations. He cited
problems occurring on his property; near the intersection of Calle Winona and Via
Belardes; felt that code enforcement has not been effective in resolving his problems;
City Council Minutes -7- 10/4/94
and, suggested that vending trucks be required to post legitimate addresses and
telephone numbers. He received clarification that the proposal to prohibit vending --
within 40 feet from a residence would be measured from the property line, not the
face of the curb.
(3) Joann de Guevara, 26482 Calle San Francisco, spoke in support of the proposed
revisions to the vendor regulations.
With regard to ice cream trucks, Mr. McFarland advised that the use of music to attract
customers was not a newly -proposed revision and was currently prohibited. He noted that
the hours of operation for ice cream trucks had been discussed at length. It had been the
homeowner associations' view that the regulations should not be devalued and that all
vendors should be treated equally.
Council Comments:
Council Member Jones felt that vending in the vicinity of Del Obispo and Via Belardes
created traffic hazards that should be alleviated for traffic safety purposes through traffic
enforcement. Council Member Hausdorfer felt that the concerns of the ice cream vending
businesses were legitimate and suggested that staff work with those kinds of vending
businesses to allow them to advertise themselves in a way that was not offensive to the
neighborhoods. Council Member Nash cited objections to any vending that created noise;
however, she would concur with Council Member Hausdorfer's suggestion. The City
Attorney advised that any proposals developed to deal with the concerns of the ice cream
vending businesses could be addressed through an ordinance amendment at a future meeting.
Introduction of Revised Vendor Regulations:
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 Hausdorfer,
seconded by Council Member Jones, that the following Ordinance be introduced, with
direction to staff to work with ice cream vendors and similar vending businesses regarding
their concerns relating to vending hours and use of music:
AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE -
RFC'.ULATION OF VENDORS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 7 OF
TITLE 4, VENDOR REGULATIONS, OF THE MUNICIPAL CODE,
RELATING TO STANDARDS AND REGULATIONS ON THE
CONDUCT OF VENDING IN THE CITY OF SAN JUAN CAPISTRANO
City Council Minutes -8-
10/4/94
The motion carried by the following vote:
I
AYES: Council Members Jones, Hausdorfer, Nash,
and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
01110WOU1/ 1 1 1A IN 131.1
Written Communications:
Report dated October 4, 1994, from the Director of Public Lands and Facilities, forwarding
a draft policy for public use of the City's Northwest Open Space property. The policy was
intended to provide guidelines for determining appropriate short-term interim uses of the
property and to define conditions and fees for interim uses. The report recommended
forwarding the policy to the Parks, Recreation and Equestrian Commission for review and
comment.
Council Comments:
' Council Member Hausdorfer suggested that community organizations that might use the
property and the City's Transportation Commission be included in review of the draft policy,
due to the monetary and traffic circulation impacts. He cited concerns with breakdown
relative to the size of the event and the fee charged and felt clarity and consistency were
necessary. He felt there were events on the property that could be compatible with businesses
in town and there was a need for consistency and sensitivity to the fact that if an event is
promoting something beneficial to the community it should not be priced off the property.
L
Council Member Jones felt that the 300 -person break point was cause for concern and that
there should be a head count or a tiered structure, with an effort made to obtain a
commitment regarding the numbers of persons attending an event on the property. He felt
the property could only handle a certain number of people and uses may have to be limited
based on the number of persons projected to be on the site.
Council Member Nash supported the direction indicated in the staff report for types of uses
and groups and concurred that allowing larger groups should be analyzed.
Referral to Parks. Recreation and Equestrian Commission:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones and
unanimously carried to refer the draft policy and Council comments to the Parks, Recreation
and Equestrian Commission, Traffic Commission and appropriate community organizations
City Council Minutes -9- 10/4/94
469
470
within the City for review and comment. The draft policy will be returned to the City Council
for adoption.
[a 10 X41 11#111I
newmwme a! 12531015 riljj�§
111111111111111 11
• • • ./ ►L• • alai lU 1�D
Written Communications:
Report dated October 4, 1994, from the Director of Community Services, advising that the
San Juan Senior Citizens Club will conduct an Old -Fashioned Hoedown BBB at Descanso
Park on Saturday, October 22, 1994, to serve as a fund-raiser for the community center
identified in the Open Space Master Plan. The Club had requested that the City waive all City
permit fees associated with the event and provide the appropriate event insurance coverage.
The Club also requested approval of an event street banner installation at the intersection of
Camino Capistrano/Del Obispo, which requires Council approval. The Report advised that
recommended that $1,074 in permit fees be waived and noted that the Hoedown committee
will be requested to reimburse the City $320 in hard costs for street banner installation and
portable restroom rentals. The Hoedown committee estimated a net revenue of $7,200,
which will be presented as a contribution to the community center fund.
Waiver of Fees:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones and
unanimously carried to approve the waiver of all fees associated with City permits, deposits
and insurance required for conducting the Old -Fashioned Hoedown and Community Center
Fund Raising event.
Approval of Street Banner Installation:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones that the
following Resolution be adopted:
RESOLUTION NO. 94-10-4-3- AUTHORIZING- PLACEMENT OF
COMMITTEE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
PLACEMENT OF BANNERS WITHIN THE PUBLIC RIGHT-OF-WAY
FOR THE HOEDOWN COMMUNITY CENTER FUND RAISING
COMMITTEE SUBJECT TO THE PROVISIONS OF SECTION
9-3.603(£)(15) OF THE CITY'S MUNICIPAL CODE
The motion carried by the following vote:
City Council Minutes -10-
10/4/94
471
AYES
NOES
ABSENT:
Council Members Jones, Hausdorfer, Nash,
and Mayor Campbell
None
Council Member Vasquez
REQUEST2. •' FUNDING - BOYS AND GIRLS CLUB OF •
VALLEY (I 1
Written Communications:
Report dated October 4, 1994, from the Director of Community Services, advising that the
Boys and Girls Club of Capistrano Valley had been in partnership with the Community
Services Department for creation of a Teen Center program administered by the City. The
Report advised that the Boys and Girls Club had expressed a willingness to assume all
administrative staffing, programming and operational responsibilities for the Teen Center
program effective October 1, 1994. The Report included a request from the Boys and Girls
Club to redirect the remaining funds budgeted for the Teen Center program in the Community
Services budget to the Club and in addition to the $5,000 allocated to the Boys and Girls Club
through Community Organization funding, to consider an additional allocation of $8,000.
Jeanne Workman, 635 Via Umbroso, San Clemente, and Stephanie Grani, 28542 Paseo
Diana, San Juan Capistrano, had requested to address this item. In response to Mayor
Campbell, they advised they supported the staff recommendation.
Funding for Boys and Girls Club - Teen Center Program:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones and
unanimously carried to approve the request for funding of $9,327, minus expenses through
September 30, 1994, as requested by the Boys and Girls Club of Capistrano; and, to direct
staff to work in conjunction with the Boys and Girls Club Executive Director for development
of a Memorandum of Understanding specifying the type of services to be provided and the
population to be served by the Boys and Girls Club of Capistrano Valley.
ORDINANCES - None
�QLIIIKLWI Phyrul Lem N I Did ti
E6118 4111111,150. P4120197WRINT ME
RIM K001MIRLOWN1
Written Communications:
Report dated October 4, 1994, from the City Manager, advising that cities within the South
' County Working Group have adopted resolution opposing Measure A on the November 8,
City Council Minutes -11- 10/4/94
472
1994, ballot relating to the Airport Initiative, and forwarding a resolution opposing the
Measure for Council consideration.
Resolution Opposing Measure A. November 8. 1994. Ballot:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer that the
following Resolution be adopted:
RESOLUTION NO, 94-10-4-4. OPPOSING INITIATIVE - EL TORO
MARINE CORPS AIR STATION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
OPPOSING THE "INITIATIVE TO AMEND THE ORANGE COUNTY
GENERAL PLAN TO DESIGNATE MARINE CORPS AIR STATION, EL
TORO, FOR CIVIL AVIATION AND RELATED USES"
The motion carried by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash,
and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Council Member Hausdorfer requested Council concurrence with his intent to support
Laguna Niguel Council Member Tom Wilson for appointment as the 5th District City
representative to the Orange County Transportation Authority Board of Directors,
and San Clemente Mayor pro tem Candace Haggard to the South Coast Air Quality
Manager District Governing Board. The appointments are scheduled for the League
of California Cities City Selection Committee on November 10, 1994. He further
advised that as the Orange County Transportation Authority representative, he wished
to write a letter, using City letterhead, to the 31 Orange County Mayors, urging
support of Tom Wilson.
It was moved by Council Member Nash, seconded by Council Member Jones and
unanimously carried to authorize Council Member to support Tom Wilson and
Candace Haggard.
City Council Minutes
12- 10/4/94
473
wlugrei��
House•2Solid p (810
Mayor Campbell inquired about the hours of operation of trash trucks on the streets to pick
up trash. The City Manager will provide that information to Mayor Campbell.
Council concurred with Mayor Campbell's suggestion that the City prepare an
acknowledgement of the 100th Anniversary of the Capistrano Depot on October 27, 1994.
Street Flooding - Valle Road (550.40)
Mayor Campbell advised that the recent rain caused some flooding problems on Valle Road
in the vicinity of the Capistrano Terrace Mobilehome Park. Staff was directed to investigate
and respond to the situation.
4. Preventative Street Maintenance. 1993-94 (820.30)
Council Member Hausdorfer questioned the hours of operation allowed for the rehabilitation
work on Camino Capistrano and Del Obispo. He was advised that the work would be done
' between 9:00 p.m., and 5:00 a.m.
5. Annual Leaeue of California Cities Conference (140.20)
Council Member Jones requested input from Council prior to his attendance as the Voting
Delegate at the Annual Conference on October 25, 1994.
CLOSED SESSION
Council recessed to a Closed Session at 8:55 p.m. for the following purposes, as authorized by
statute:
Conference with Real Property Negotiator pursuant to Government code Section 54956.8,
for property located at Junipero Serra at Camino Capistrano, with negotiating party Pearl
Williams Estate, to consider price and terms of payment.
Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code
Section 54956.9(b), for significant exposure to litigation in 1 case and Government Code
Section 54956.9(c), the initiation of litigation in 1 case.
3. Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, George
' Scarborough, in discussion with Classified and Management.
City Council Minutes -13- 10/4/94
474
The City Clerk was excused from the Closed Session and the meeting reconvened at 9:45 p.m. The
City Attorney advised there was no action to report on the items discussed in Closed Session. _
1 • ;_ ulDW
There being no further business before the Council, the meeting was adjourned at 9:47 p.m. to the
next regular meeting date of Tuesday, October 18, 1994, at 7:00 p.m. in the City Council Chambers.
Respectfully submitted,
ATTEST:
COLLE"CBELL,YOR
City Council Minutes -14-
// : ✓.�4��✓%�
10/4/94