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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