94-1115_CC_Minutes_Regular Meeting515
NOVEMBER 15, 1994
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Campbell at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Clarke Prescott of Saint Margaret of Scotland
Episcopal Church. Mayor Campbell dedicated the meeting to the memory of Paul Arbiso, San Juan
Capistrano Patriarch, who passed away on November 14, 1994.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Gary L. Hausdorfer, Council Member
Gil Jones, Council Member
Carolyn Nash, 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; Al King, Jr., Director of Community Services; Ronald C. Sievers, Director of Public Lands
and Facilities; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously
carried that all Ordinances be read by title only.
Written Communication:
Report dated November 15, 1994, from Carole Jacklin, Council Services Manager.
Mayor Campbell presented Cheryle Hodge with a City plaque in recognition of her service
on the Planning Commission. Ms. Hodge expressed appreciation to the Council for her
appointment and to City staff for their assistance.
3:1616,10 alnextel
Written Communication:
' Report dated November 15, 1994, from Carole Jacklin, Council Services Manager.
City Council Minutes -1- 11/15/94
516
Mayor Campbell recognized and commended Thomas Tomlinson, Director of Planning, and
George Scarborough, City Manager.
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Kelly Pollard, 26207 Paseo Marbella, spoke regarding the election flyers which were
distributed to residents shortly before the election on November 8 by City Council candidate
Carlos Negrete. Mr. Pollard noted the lawsuits that were previously filed against the City by
Mr. Negrete and the large amount of money the City spent to defend itself in these lawsuits
and appeals; further, that the City had prevailed in the trial court and been awarded certain
attorneys' fees and costs. He noted that the Settlement Agreement between the City and
Mr. Negrete provided that Mr. Negrete did not have to reimburse the City its legal expenses
as long as no additional lawsuits were filed. He felt that the flyers distributed by Mr. Negrete
contained personal accusations against Council Members that were without foundation and
urged the Council to pursue the recouping of legal expenses from Mr. Negrete should the
literature be found to breach provisions of the Settlement Agreement.
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11 ::►-'•� •� •,-LII•; :11 1
James Nelson, 29405 Cher ywood Lane, noted that the Transportation Corridor Agency had
promised to provide a safe route for students to walk to Capistrano Valley High School
during construction of the Rancho Viejo Road/San Joaquin Hills Transportation Corridor
improvements. He stated that the alternate route was never provided by the Transportation
Corridor Agency and felt that the route now being used by students was unsafe. Mr. Huber
was directed to assist Mr. Nelson in resolving the problem.
I► ,• 1 I iii I 1131TWITZI_ 1♦I DI 1,Rff I tilmI
Council Member Nash introduced the following Commission representatives in attendance: David
Swerdlin and Elgin Flagg, Mobile Home Park Review Committee; Sheldon Cohen and Bill Sonka
Transportation Commission; Pauline Leonard, Parks, Recreation, and Equestrian Commission; and,
Marilyn Thorpe and Jim Allen, Cultural Heritage Commission.
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:
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AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
' NOES: None
ABSENT: Council Member Vasquez
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The Minutes of the Regular Meeting of October 18, 1994, were approved as submitted.
Council Members Hausdorfer and Nash abstained due to their absence at the October 18
meeting.
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The Minutes of the Regular Meeting of October 18, 1994, were approved as submitted.
Council Members Hausdorfer and Nash abstained due to their absence at the October 18
meeting.
' The List of Demands dated October 28, 1994, in the total amount of $283,432.46 was
received and filed.
4. STATUS REP RT ON NEW DEVELOPMENT APPLICATIONS (440 10)
The Report dated November 15, 1994, from the Planning Director, advising that two new
development applications were received by the City since the last report of October 18, 1994,
was received and filed.
1111E �81
As set forth in the Report dated November 15, 1994, from the Director of Engineering and
Building, the following Resolution was adopted declaring the installation of the Goldenridge
storm drain by Kuno's Crawler & Backhoe Service to be complete:
RESOLUTION NO, 94-11-15-1. COMPLETION OF GOLDENRINGE
STORM DRAIN (KUNO'S CRAWLER AND BACKHOE) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
' GOLDENRIDGE STORM DRAIN, SOMERSET DRIVE TO 400 FEET
EAST (KUNO'S CRAWLER AND BACKHOE)
City Council Minutes -3- 11/15/94
518
The Resolution accepted the work as complete in the amount of $44,093.04 and directed the
City Clerk to forward a Notice of Completion to the County Recorder.
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As set forth in the Report dated November 15, 1994, from the Director of Engineering and
Building, the contract for the installation of lighting at the basketball courts at the Old Sena
High School was awarded to the lowest responsible bidder, Creative Lighting, Inc., in the
amount of $26,790. All other bids were rejected. The Mayor and City Clerk were authorized
to execute the contract on behalf of the City.
As set forth in the Report dated November 15, 1994, from the Director of Engineering and
Building, the contract for the installation of speed bumps on Los Rios Street and Avenida De
La Vista in the Capistrano Villas and on Los Rios Street south of Del Obispo Street was
awarded to the lowest responsible bidder, Haitbrink Asphalt Paving, Inc., in the amount of
$21,282.60. All other bids were rejected. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City. Council Member Jones abstained due to a
potential conflict of interest. —
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As set forth in the Report dated November 15, 1994, from the Director of Engineering and
Building, the following Resolution was adopted accepting the easement for storm drain
purposes from Huish Family Fun Centers for San Juan Creek Road north side sidewalk from
Camino Capistrano to Forster Canyon Road:
RESOLUTION NO. 94-11-15-2. ACCEPTANCE OF EASEMENT FOR
STORM DRAIN PURPOSES aMSHI - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FROM HUISH FAMILY FUN CENTERS
FOR STORM DRAIN PURPOSES IN CONNECTION WITH THE SAN
JUAN CREEK ROAD NORTH SIDE SIDEWALK FROM CAMINO
CAPISTRANO TO FORSTER CANYON ROAD
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• Lei
The Claim for overcharge of electric bill filed by Al Whelchel of Cafe Capistrano was denied
in its entirety, as set forth in the Report dated November 15, 1994, from the City Attorney.
The Claim for loss of telephone services filed by Al Whelchel of Cafe Capistrano was denied
in its entirety, as set forth in the Report dated November 15, 1994, from the City Attorney.
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As set forth in the Report dated November 15, 1994, from the Director of Administrative
Services, the following Resolution was adopted establishing the amount of proceeds from
taxes to be appropriated for expenditures in fiscal year 1994-95 in the amount of
$23,880,370:
RESOLUTION NO, 94-11-15-3. ESTABLISHING APPROPRIATION
LMTS - 1994-95 FISCAL YEAR - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITS (GANN
LMT) FOR THE 1994-95 FISCAL YEAR
12. RESOLUTION ESTABLISHING CODE ENFORCEMENT FEE FOR VENDOR
OPERATIONS1
As set forth in the Report dated November 15, 1994, from the Director of Engineering and
Building, the following Resolution was adopted establishing a Code Enforcement fee in the
amount of $300 per year per vendor operating within the City to offset the cost of Code
Enforcement associated with vendor operations:
RESOLUTION NO. 94-11-15-4. ESTABLISHING A CODE
ENFORCEMENT FEE FOR VENDOR OPERATORS - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A FEE FOR CODE ENFORCEMENT
ACTIVITIES RELATING TO VENDING ACTIVITIES PURSUANT TO
CHAPTER 7, TITLE 4 OF THE MUNICIPAL CODE
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62K
520
Proposal:
Consideration of 1) an Ordinance amending Section 9-2.311 of the Land Use Code to
provide for exceptions to the discretionary review process for capital improvement projects
which meet certain criteria established by City Council Policy; and 2) a City Council Policy
establishing criteria for excepting certain types of capital improvement projects from the
"public improvement plan and outside agency development" review process. The proposed
Policy would provide that projects, which are categorically exempt from environmental
review and/or consist of repair, maintenance, and rehabilitation, would be excepted from the
concept review process, but would continue to be subject to City Council approval of bids
and specifications. The Policy would also provide the Planning Director, as Environmental
Administrator, with criteria to except certain types of capital projects from the discretionary
review process provided in Section 9-2.311.
Applicant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated November 15, 1994, from the Planning Director, recommending that the
Ordinance be introduced and the draft City Council Policy adopted based on their consistency
with the General Plan and compatibility with Section 9-2.311 of the Land Use Code.
Mr. Tomlinson 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.
Introduction of Ordinance Approving Amendment Relating to Capital Improvement Projects:
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:
City Council Minutes
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521
' IMPROVEMENT PLANS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING SUBSECTION (e) TO
SECTION 9-2.311 OF TITLE 9, LAND USE, OF THE MUNICIPAL
CODE ESTABLISHING A PROCEDURAL EXCEPTION FOR CERTAIN
TYPES OF CAPITAL IMPROVEMENT PROJECTS
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Adoption of City Council Policy No. 418:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that City Council Policy No. 418 be adopted establishing criteria for
excepting certain types of capital improvement projects from the "public improvement plan
and outside agency development" review process.
2. AMENDMENT TO YEARS 18 (FISCAL YEAR 1992-93) AND 19 (EISCAL YEAR
••COMMUNITY • ;ABY CONTRACTS .::1 •►
OF SINGLE-FAMILY HOMES FOR LOW-INCOME HOUSEHOLDS CITYWII[)F.
(600JO)
Proposal:
Consideration of amendments to Community Development Block Grant (CDBG) Contracts
No. C41175 and C41455 for Years 18 and 19 to allow for grants of up to $15,000 for the
rehabilitation of single-family, low-income households. The proposed amendment increased
the grant amount because the current grant amount had been found inadequate to cover rising
rehabilitation costs.
Applicant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated November 15, 1994, from the Planning Director, recommending that the
amendments to the contracts be approved.
Mary Raskin, Assistant Planner/Project Manager, made an oral presentation.
City Council Minutes -7- 11/15/94
522
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.
Adoption of Resolution Approving Amendments to Community Development Block
Grant Contracts for Years 18 and 19:
It was moved by Council Member Jones, seconded by Council Member Nash, that the
following Resolution be adopted:
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND AUTHORIZING THE
MAYOR TO SIGN AMENDMENTS TO THE YEAR 18 AND YEAR 19
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS C41175
AND C41455 TO ALLOW FOR A $15,000 GRANT FOR THE
REHABILITATION OF SINGLE-FAMILY HOMES FOR LOW-INCOME
HOUSEHOLDS
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
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Proposal:
Consideration of the City's annual application for Community Development Block Grant
funds to be used for the benefit of low- and moderate -income persons.
Written Communication:
Report dated November 15, 1994, from the Planning Director, forwarding the
recommendations of the Citizen Participation Committee to approve the following four
programs for inclusion in the City's CDBG/HOME application for Year 21, for a total funding
of $280,000: (1) $150,000 for Mobile Home Rehabilitation; (2) $20,000 for Ultra -Low Flush
Toilet Retrofit; (3) $10,000 for Public Service Scholarship; and (4) $100,000 for Single-
Family/Mobile Home Rehabilitation.
City Council Minutes
11/15/94
523
Mary Raskin, Assistant Planner, made an oral presentation. She noted that the Planning
' Commission, at its meeting of November 8, 1994, forwarded a recommendation of approval
to the City Council.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and
the following persons responded:
(1) Pauline Leonard, 27589 Brookside Lane, member of the San Juan Housing Advocates
which is affiliated with the Mary Erickson Foundation, spoke in support of the
proposed Community Development Block Grant/HOME application. She felt that the
conclusions reached by the Citizen Participation Committee reflected the desires and
needs of the community. She urged that City staff and the Council keep this issue a
priority in the City.
(2) Jessica Dean, 27032 Paseo Burledero, #C, member of San Juan Housing Advocates,
concurred with Ms. Leonard's comments. She noted that both she and Ms. Leonard
attended the meetings of the Citizen Participation Committee and were satisfied with
the process. She expressed the hope that financial assistance for the mobile home
program would extend to the rehabilitation of other dwellings in the City.
(3) Jose Pedraza, 26551 Calle Santa Barbara, spoke regarding the Community Services
' Scholarship Program, particularly the success of the football scholarship program
which allowed at -risk children to participate in extra -curricular sports at no charge.
There being no further input, the hearing was closed with the right to reopen at any time.
Council Discussion:
Council Member Nash stated that although she believed the Community Services Scholarships
to be a worthwhile program for at -risk youth, she felt that Community Development Block
Grant monies should be spent entirely on ensuring affordable housing and rehabilitation of
low-income housing in the City. She felt that these funds should be used to assist residents
to stay in their homes and requested that the Council carefully consider the Community
Development Block Grant programs that will be approved for Year 22.
Approval of Year 21 Community Development Block Grant Anolication:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the
following Resolution be adopted approving the Year 21 Application for Community
Development Block Grant funding in the total amount of $280,000 for the following
programs:
(1) Mobile Home Rehabilitation ...................................... $150,000
(2) Ultra -Low Flush Toilet Retrofit ................................... $ 20,000
' (3) Public Services Scholarship ....................................... $10,000
(4) Single-Family/Mobile Home Rehabilitation .. $100,000
City Council Minutes -9- 11/15/94
524
RESOLUTION NO, 94-11-15-6. APPROVING THE COMMUNITY
DF,VELOPMENT BLOCK ANT APPLICATION FOR YEAR 21 (FISCAL
YEAR 1995-961- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFOR'dIA, APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION FOR YEAR 21 (FISCAL
YEAR 1995-1996) FOR FOUR SEPARATE PROGRAMS WITH A TOTAL
GRANT REQUEST OF $280,000, INCLUDING THE PROPOSED
EXPENDITURE OF PROGRAM INCOME ACCRUED IN YEAR 21
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Council Member Jones indicated that because of the proximity of his residenceibusiness to the —
proposed project, he would abstain in this matter.
Proposal:
Consideration of a five-year Implementation Plan to identify projects that will be undertaken in
the next five years; identify how those projects will eliminate blight; and, identify how they will
be funded, as required by Assembly Bill 1290. The Assembly Bill also requires identification
of goals for undertaking the projects and requires that an affordable housing program be
developed outlining the expenditures of the Agency's housing set-aside funds. In further
compliance with Assembly Bill 1290, the Redevelopment Plan must be amended to comply with
new time limits; i.e., (1) a time limit on the effectiveness of the Plan; (2) a time limit to incur
indebtedness; and, (3) a time limit on the repayment of indebtedness.
Written Communication:
Report dated November 15, 1994, from Cassandra Walker, Community Development Manager,
recommending that the San Juan Capistrano Community Redevelopment Agency
Implementation Plan and Housing Set -Aside Fund Strategy 1994-95 be approved, and that an
Ordinance be introduced amending the Redevelopment Plan for the Community Redevelopment
Agency.
Cassandra Walker, Community Development Manager, made an oral presentation.
City Council Minutes
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11
Public Hearin¢:
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.
Adoption of Resolution Approving the Community Redevelopment Agency
Five -Year Implementation Plan:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the
following Resolution be adopted:
94-11-15-7
PLAN FOR ITS CENTRAL PROJECT ARTA - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY IMPLEMENTATION PLAN FOR THE
CENTRAL PROJECT AREA
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Nash, and Mayor Campbell
NOES: None
ABSTAIN: Council Member Jones
ABSENT: Council Member Vasquez
Introduction of Ordinance Amending the Redevelopment Plan:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Nash, seconded by
Council Member Hausdorfer, that the following Ordinance be introduced:
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TO COMPLY WITH CERTAIN TIMELIMITS 1 1 • IN ASSEMBLY
BILL 1290
The motion carried by the following vote:
City Council Minutes 11- 11/15/94
525
526
AYES: Council Members Hausdorfer, Nash, and Mayor Campbell
NOES: None
ABSTAIN: Council Member Jones
ABSENT: Council Member Vasquez
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Council recessed at 7:52 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:55 p.m.
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Written Communication:
Report dated November 15, 1994, from the City Manager, recommending that the requests by
the Community Redevelopment Agency be approved to 1) relocate the Love House, located at
31785 El Camino Real, to the proposed Historic Town Center Park site, and 2) install
temporary parking at the Love House site once the building is relocated. The Report discussed
additional options for the Love House and compared the financial impacts of relocating the
Love House, at approximately $30,875, vs. demolishing the structure, at approximately
$20,325.
The City Manager made an oral presentation. He noted that if the structure were relocated to
the Historic Town Center area, rehabilitation costs and the economic analysis conducted as part
of the Historic Town Center, both indicated it would be unlikely that rehabilitation would be
undertaken by a private developer as part of the Historic Town Center and alternate sources of
funding would have to be found. Relocation to the archaeological park would allow time to
look for other sources of funding. He noted that relocation of the Love House would not
render it ineligible for inclusion on the City's Inventory of Historical and Cultural Landmarks.
He further advised that if the City were to apply for designation of the Historic Town Center
area as a National Register Historic District, the relocated Love House would still have potential
for inclusion as a contributing structure in the District.
Council Member Jones inquired whether funding had been identified to restore the house and
whether any of the five options recommended keeping the house on site. Mr. Scarborough
indicated that no funding had been identified and no time frame had been established for
restoration of the house. He noted that one of the five options did not include relocation of the
City Council Minutes -12- 11/15/94
527
house; however, he stated that the location of the house provided substantial constraints to
' adjacent development. Council Member Jones inquired whether any appraisals had been
obtained regarding restoration costs. Mr. Tomlinson indicated that preliminary estimates to
bring the house up to Code standards were between $150,000 and $210,000, with additional
costs possible for work that has not yet been identified. Council Member Jones felt the estimate
was very conservative and that once restoration began, the costs would escalate quickly.
Public Comments:
(1) Marilyn Thorpe, 27952 Calle Santa Ynez, member of the Cultural Heritage Commission,
expressed the Commission's dissatisfaction that they were not given the choice of leaving
the house in-situ; that the house had been allowed to fall into a state of disrepair; and, that
the historic site was proposed for downtown parking when nothing has been decided for
the Historic Town Center. She also expressed concern that parking in the downtown area
was dictating what would occur in the Historic Town Center. She noted that the house
had been deemed eligible for the City's Inventory of Historic and Cultural Landmarks, and
possibly the National Register of Historic Places. She noted that plans for the Historic
Town Center in 1977 emphasized the preservation of historic structures and screening of
parking from the street view. She felt that the proposed mitigation measures needed more
work and questioned whether the house could be successfully moved. She suggested that
consideration be given to selling the land and giving the house to a restoration expert for
preservation.
' (2) Jim Allen, member of the Cultural Heritage Commission, expressed concern that the City's
neglect of the house resulted in it becoming an eyesore and nuisance which could
ultimately result in the structure's demolition. He felt that the Council had a responsibility
to preserve its historic structures in a city which has been deemed the most historic area
in the State. He noted that the Cultural Heritage Commission had been unanimous in its
opposition to demolishing the house, and that the majority were opposed to its relocation.
He felt that the most important factor for a historic structure was its original site. He
noted an article which appeared in a February 1994 edition of The Los Angeles Times
which addressed the rare historic value that should be preserved in San Juan Capistrano
and felt that the City should make preserving its historic past a top priority.
(3) Ralph Harkins, 31132 Via San Vicente, suggested that the City donate the house to a
private contractor for relocation and restoration at much less cost than estimated by City
staff.
Council Comments:
Council Member Hausdorfer felt that although the house was an important part of the City's
past, it was in an inappropriate location. He felt that the City should not invest any money in
the structure at this time and that its preservation should be handled similar to that used for the
Hankey residence. He felt that the proposal to relocate the structure by the City was an unwise
investment and preferred that historic structures be preserved with the use of private capital.
If no interested party were identified within a two-week period for the Love House, he felt that
the structure should be demolished.
City Council Minutes -13- 11/15/94
S28
Council Member Jones felt that approving the house's relocation to the Historic Town Center
would be premature at this time since Council would not review the options for development
of the Historic Town Center until early in 1995. He expressed concern with the City continuing
to build its inventory of deteriorating historic structures. He stated he could not support the
relocation of the Love House until there was a definite plan for its use and funding was
identified for its restoration and maintenance. He reiterated his belief that staffs estimate for
relocating and restoring the Love House was very conservative and concurred with Council
Member Hausdorfer's suggestion to cooperate with a private party to relocate and restore the
structure.
Council Member Nash inquired whether the proposed relocation to the Historic Town Center
Park site was considered a permanent location for the Love House. Mr. Tomlinson noted that
many areas in the Park had been considered for the house and that the proposed site had been
cleared archaeologically and was suitable as a permanent location for the house. Council
Member Nash felt very strongly that the City's historic structures should be preserved,
preferably on site, and that the Love House should be given every chance to be relocated and
preserved. She felt that funding may become available more easily for restoration once the
house is relocated by the City. She felt that the majority of the City's residents want their
historic structures preserved and urged the Council to continue preserving structures despite
current financial difficulties.
Council Member Jones inquired about the minimum distance the house could be relocated
outside the park site and still accommodate the potential realignment of Ortega Highway or the
Historic Town Center conceptual plans. Mr. Tomlinson advised that staffs concern was that
the only area for potential development was outside of the Park area on the west side of El
Camino Real and north of the Blas Aguilar Adobe. Relocation of the Love House would be
necessary to accommodate alternatives for structures or parking. He noted the Love House had
been a focal point of discussion during the public workshops and the results of a questionnaire
mailed to participants indicated strong support for relocation of the House.
Mayor Campbell expressed concern regarding the potential expenditure of City funds without
specific restoration plans. She concurred with Council Member Hausdorfer's suggestion to
cooperate with a private party to relocate and restore the structure but felt that more time
should be allowed to find an interested party. Council Members Hausdorfer and Jones
concurred. Council Member Jones felt that the Blas Aguilar Adobe was very important
historically to the community and had the potential to be restored on site and used as an Indian
center. He expressed concern that due to financial constraints, the Blas Aguilar Adobe may
further decline.
Approval for Relocation of Love House to Undetermined Site by Private Developer:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, to allow
the Love House to be relocated; to offer it to a private party at no cost for relocation and
restoration, as long as there is no expense to the City in moving the structure and the City
cooperate fully in the house's relocation; and, if, after a 90 -day period (February 15. 1995), no
one has indicated an interest in relocating and restoring the structure, the house shall be
City Council Minutes -14- 11/15/94
demolished. Staff was directed to return the design of the parking lot to the Council after
. review by the Planning Commission. The motion was carried with Council Member Nash
voting in opposition and Council Member Vasquez absent.
Council Member Nash requested that during Planning Commission review, the Commission
ensure there would be adequate landscaping, with no chains or poles, and that no landscaping
be removed from the Yorba Street side that will not be replaced by a driveway.
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Written Communication:
Report dated November 15, 1994, from Jennifer Murray, Assistant to the City Manager,
recommending that a new lease agreement be approved with the Capistrano Indian Council
providing for the operation and maintenance of the Harrison Farmhouse for a one-year period
and deleting mention of the formerly used Pana Adobe. Public access to the Parra Adobe has
been discontinued due to problems with the wooden flooring of the building.
ADprovine of Lease Agreement with the Capistrano Indian Council of Orange o mtv:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that the Lease Agreement between the City and the Capistrano Indian
Council of Orange County, Inc. be approved providing for the operation and maintenance of
' the Harrison Farmhouse for a one-year period in the amount of $1.00 per year and deleting
mention of the formerly used Pana adobe.
u
1 I._.. 1• 1 1 I A- -
Written Communications:
(1) Report dated November 15, 1994, from the Director of Administrative Services,
recommending that the request from Times Minor Cable Television to approve their
merger with Cox Cable Communications, Inc. be denied. The denial was recommended
due to the future of Dimension Cable Services to provide requested information regarding
the potential impact of the transfer upon rates and rate payers and upon customer service
standards.
(2) Memorandum dated November 14, 1994, from Mary Laub, Management Assistant,
revising the original staff recommendation to recommend that approval of the transfer and
first reading of the draft Ordinance be scheduled for the meeting of January 3, 1995, since
the City and Dimension Cable had reached substantial agreement with regard to the
transfer to Cox Communications.
City Council Minutes -15- 11/15/94
S29
530
(3) Letter dated November 15, 1994, from Leo Brennan, Vice President and General Manager
of Dimension Cable Services, noting the critical timing of the City Council's approval and —
requesting that this item be continued to the meeting of December 6 so that final
documents may be prepared by the City Attorney and the additional steps may take place
before the merger is completed.
Ms. Pendleton explained that Dimension Cable requested that this item be continued to the
meeting of December 6 so that their transfer to Cox Communications could be completed before
the end of the year.
Continuation of Item to December 6. 1994:
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and
unanimously carried that the item be continued to the meeting of December 6, 1994, at the
request of Dimension Cable, for preparation of final documents.
11LI_ ► I : L
Written Communications:
(1) Report dated November 15, 1994, from the Planning Director, recommending that the
request by Kaufman and Broad be approved to process a) a General Plan Amendment to
modify the General Plan designation for Planning Sector A-1 of Comprehensive
Development Plan 78-1, Ortega Highway Properties, from PC -5.0, Planned Community,
Public and Institutional, to PC, Planned Community; and b) a Rezone to modify
Comprehensive Development Plan 78-1, Planning Sector A -I to permit the construction
of 112 affordable senior apartment units at the southwest comer of Ortega Highway and
Rancho Viejo Road.
(2) Letter dated November 15, 1994, from Maryanne Charis of Charis, Inc. expressing
concern regarding the potential impacts to the Forster Mansion located at 27182 Ortega
Highway which abuts the proposed senior housing project, in that the project would totally
destroy the ambience of the nationally recognized historic home.
Mr. Tomlinson corrected the Assessor's Parcel numbers in the staff report and draft Resolution
to Assessor's Parcel Numbers 666-241-01, -02, -04, and -05. With regard to the concerns
expressed by Maryanne Charis, he stated that the General Plan Amendment initiation process
would permit staff to address those concerns and other issues, which would be forwarded to the
Cultural Heritage Commission and other commissions for review. He noted that initiation of
the General Plan Amendment process does not infer approval or disapproval of the General Plan
Amendment. --
City Council Minutes
16-
11/15/94
S31
Adoption of Resolution Approving the Initiation of the General Plan Amendment
' Process for General Plan Amendment 94-2:
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, that the
following Resolution be adopted:
• • ► \ • • I\ • • \l Cagmwwng
cul ►I• ul \r •' : ►1• : • U • • MEN
• .110,12IM91
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING GENERAL PLAN AMENDMENT
94-2 AND REZONE 94-6 FOR THE PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO
ROAD, ASSESSORS PARCEL NUMBERS 666-241-01, -02, -04 AND -05 TO
PERMIT A SENIOR HOUSING PROJECT (KAUFMAN AND BROAD)
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
ABSENT: Council Member Vasquez
DERECTOR• ► 1► : I► 1 I l I\
Written Communication:
Report dated November 15, 1994, from the Director of Engineering and Building,
recommending that the La Novia Erosion Control project be declared an urgency project based
on the finding of potential risk to health and safety, that the formal bid process be waived for
the design and construction of the project, and that the City Manager be authorized to act as
the approving authority for entering into a consultant agreement, awarding construction
contract, accepting public improvements, and releasing bonds.
Declaration of Urgency Project- Waiver of Formal Bid Process.
and Authorization to City Manager to Act as Approving Authority:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that:
(1) This project be declared an urgency project based on the finding that potential risk to
health and safety and potential for damage to public property exists from hillside erosion
' on La Novia Avenue near Valle Road;
City Council Minutes -17- 11/15/94
532
(2) The formal bid process be waived for the design and construction of the project; and
(3) The City Manager be authorized to act as the approving authority for entering into a
consultant agreement, awarding construction contract, accepting public improvements,
and releasing bonds.
Written Communications:
(1) Report dated November 15, 1994, from the Director of Engineering and Building,
forwarding the request by Glenfed Development to have the City accept the dedication of
existing park land at La Novia adjacent to San Juan Creek and the San Juan Creekbed
lands as fiddling the final requirements for Areas C, D, and H. The Report recommended
that the request be denied at this time in order to allow the Parks, Recreation and
Equestrian Commission to review the request prior to City Council consideration.
(2) Letter dated October 19, 1994, from Lee Johnson of Lockman & Associates to Rick
Curtis of Glendale Federal Bank, stating his understanding that the dedication of the 50f
acres to the City would fixlfill the park land dedication requirement for all of the remaining
Glenfed property, including Parcels C, D, and H.
Mr. Huber indicated that staff had researched the fees paid by Glenfed to date and discussed
their conclusions with Glenfed. He stated that Glenfed supported the staff recommendation to
deny the request at this time in order to allow review by the Parks, Recreation and Equestrian
Commission.
Denial and Forwarding of Request to the Parks. Recreation and Equestrian Commission:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously
carried that the request by Glenfed to credit park land dedication requirements for Area H, Tract
13726 be denied and referred to the Parks, Recreation and Equestrian Commission for review
and recommendation.
"ton Do Lowey Wammommu Mimi Im
Written Communication:
Report dated November 15, 1994, from the Director of Engineering and Building,
recommending that the draft Ordinance be introduced amending Title 4, Chapter 6 of the
Municipal Code to permit new speed limit postings, speed limit reductions, new advisory speed
limit postings, and speed limit increases in certain areas of the City. The recommendations were
based on the City -Wide Speed Limits Study (Engineering and Traffic Survey), which was
prepared in accordance with California Vehicle Code requirements.
City Council Minutes -18- 11/15/94
533
Introduction of Ordinance Amending Title 4. Chapter 6 - Traffic. Speed Limits Established:
' 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:
413T 10POTI-50 11100 1 IN a WKITM1 1 mulliel Lail': WE 1 5111111 R
1 • ► ■II► 1 lul _ _ . •
LOCATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS AT VARIOUS
LOCATIONS BY AMENDING TITLE 4, CHAPTER 6, ARTICLE 5, SECTION
4-6.501 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
11, X9J Im,/ -1 q Lei pr4ul1 a 1XViTmi lul1
' 1. PUBLIC ACCESS TO GLENFED OPEN SPACE AREAS (530.40)
Written Communication:
Report dated November 15, 1994, from the Director of Public Lands and Facilities, forwarding
a report on the potential for allowing public access to the approximately 930 acres within the
Glenfed open space areas for equestrian, hiking, and bicycle use. Issues cited by staff included
continued grazing use of the lands, control of trail use, hazards and liability for the City, access
points, maintenance, projected costs, and staff time. The Report recommended that the Council
forward its comments to the Park, Recreation and Equestrian Commission for their
consideration and that staff be directed to include the proposed costs in the mid -year 1994-95
budget.
The Director of Public Lands and Facilities discussed the issues identified in the report. He
noted that up -front costs of approximately $15,000 had been identified for various items such
as construction of motorcycle barriers, road grading necessary to provide access. The purchase
of an all -terrain vehicle for patrol purposes would cost approximately $7,500, for an estimated
total of $22,500 in initial costs. He estimated minimal annual maintenance costs at $17,500.
Following review by the Parks, Recreation and Equestrian Commission, a more specifically -
defined policy for use incorporating Council comments would be returned in February or March
of next year.
' Council Member Jones felt the staff recommendation was acceptable. Council Member
Hausdorfer felt that the issues surrounding the public use of the Glenfed open space areas could
City Council Minutes -19- 11/15/94
534
be simplified. He suggested that the City consider charging for public access to these areas,
similar to Caspers Park, in order to offset the City's costs. He felt that the City did not have to _
permit access to all 930 acres and suggested that the City focus on those areas which are the
most easily accessible, such as the access at the end of Camino Lacouague. He urged that this
issue be kept a priority by the City.
Council Member Nash agreed that some of the area could be open, but expressed concern with
opening up the Glenfed open space areas to the public before the remainder of the Glenfed
development is completed.
Council Member Jones noted that the City has received a request from the League of California
Cities to forward a resolution to the State supporting the transfer public use liability from cities
to the State. He felt this legislation would provide the City with the latitude to open up its open
space areas and urged the City to support the League of California Cities resolution.
Forwarding of Item to Parks. Recreation and Eouestrian Commission:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that the issue of opening up the Glenfed open spaces areas to public access
be referred to the Park, Recreation and Equestrian Commission for their review and comments.
Staff was directed to include the proposed costs in the mid -year 1994-95 budget.
u 1: UOU[I)XI-111d 10 tucINa-
Written Communication:
Report dated November 15, 1994, from the Director of Community Services, recommending
that the Fiesta Association be recognized as the lead agency in administering, coordinating, and
conducting official events associated with the 1995 Fiesta de las Golondrinas celebration. The
Report also recommended that staff be directed to work in conjunction with Fiesta Association
representatives to assist in the transfer of duties, responsibilities, and activities from the City to
the Association to reduce the City's costs associated with this event.
Don Stott, 33781 Shamrock Lane, inquired whether the Fiesta Association would always act
as the lead agency for the event. Mr. King advised that the event will be assessed and evaluated
annually by City staff, including the effectiveness of the lead agency.
Adoption of Resolution RecoQn_izinnLy the Fiesta Association as Coordinating Agency:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the
following Resolution be adopted:
City Council Minutes -20- 11/15/94
535
RESOLUTION NO. 94-11-15-9. RECOGNIZING SAN JUAN CAPISTRANO
'
FIESTA AO IATION AS LEAD ORGANIZATION FOR FIESTA DE LAS
GOLONDRINAS CELEBRATION - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOGNIZING
THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION AS THE LEAD
ORGANIZATION IN COORDINATING, ORGANIZING, AND APPROVING
VARIOUS COMMUNITY EVENTS ASSOCIATED WITH THE CITY'S
ANNUAL FIESTA DE LAS GOLONDRINAS RETURN OF THE SWALLOWS
CELEBRATION
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
Staff was directed to work in conjunction with Fiesta Association representatives in assisting
in the transfer of duties, responsibilities, and activities from City personnel to the Association.
ORDINANCES
1. APPROVAL OF MISCELLANEOUS \I • AMENDMENTS \Dul \ • TITLES
OF .1 MUNICIPAL •DE (420,30/450.30/ 11• 1) (ADOPTIOhQ
Written Communication:
Report dated November 15, 1994, from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 1, 1994, and was scheduled for adoption.
Adoption of Ordinance:
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 Nash, that the following Ordinance be adopted:
754- AMENDMENT TO TITLES 2- 8. AND 9
INTERNAL INCONSISTENCIES. AND ADDING NEW PROVISIONS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A NEGATIVE DECLARATION AND AMENDING VARIOUS
SECTIONS IN TITLES 2 (ADMINISTRATION), 8 (BUILDING
REGULATIONS) AND 9 (LAND USE) OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE TO CLARIFY CERTAIN SECTIONS, CORRECT
INTERNAL INCONSISTENCIES, AND ADD CERTAIN NEW PROVISIONS
City Council Minutes -21- 11/15/94
S36
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
NOES: None
ABSENT: Council Member Vasquez
[4111UMej I old KIC
•;� . '•' • • I•
a. League of California Cities (140.20)
Council Member Hausdorfer noted the results of the election on November 10 for the City
Selection Committee of the League as follows: Bob Wahlstrom of Los Alamitos (District
2), Jim Flora of La Habra (District 3), Tom Daly, Mayor of Anaheim (District 4), Tom
Wilson of Laguna Niguel (District 5), and Lorraine Cook (at -large representative). He
added that Candace Haggard was elected to the Air Quality Management District
(AQMD). He noted that the League's November 10 meeting was his last as a Council
Member and urged that another Council Member be selected to represent the City at
League meetings in the future. He emphasized the importance of the City's representative
attending the League meetings on a regular basis as an active participant because of
numerous regional issues which can affect the City. Mayor Campbell volunteered to serve
as the City's representative to the League.
[VII11KNII•l•Iu'IdL�Iy
• � ul: • • • Ul l►I I' ._ • 1 1
Council Member Nash congratulated Gil Jones on his re-election and David Swerdlin and Wyatt
Hart on their election to the City Council.
FAN M,6Tj-qrj 7-57,M V
Council Member Jones expressed appreciation to the community for their support during the
election despite last-minute negative campaigning against him and other candidates. He
commended David Swerdlin on the integrity of his campaign, which he felt was recognized by
the public. He stated he would challenge the content of the negative literature, which he felt
was intended to polarize the Council.
City Council Minutes -22- 11/15/94
537
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously
carried to find that this item was not available prior to publication of the Council agenda and
consideration was necessary at this time.
Written Communication:
Report dated November 15, 1994, from the Planning Director, requesting that Resolution
94-11-1-5, which upheld the appeal of the Planning Commission's action of September 13,
1994, be rescinded. The Report recommended that a revised Resolution be adopted to: a)
clarify the Council's intent to delete the driveway on the east elevation and replace it with
landscaping; and, b) delete the original Condition No. 3, as recommended by the Planning
Commission, requiring overhead service doors to remain closed during operations.
Adoption of Resolution Rescinding Resolution 94-11-1-5 and Granting an
Appeal of the Planning Commission's Action of September 13. 1994:
It was moved by Council Member Jones, seconded by Council Member Hausdorfer, that the
following Resolution be adopted:
• tel• • •- � :••c•]�Ci► • :; .irr r�.:
•.rr;• •;••• • .••• • : is .r t�':
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RESCINDING RESOLUTION 94-11-1-5 AND
ADOPTING A REVISED RESOLUTION APPROVING AN APPEAL OF THE
SEPTEMBER 13, 1994, PLANNING COMMISSION ACTION, SUBJECT TO
CORRECTED CONDITIONS, TO REQUIRE DELETION OF THE EAST
VEHICLE SERVICE ENTRY DOOR FROM DEVELOPMENT PLANS FOR
THE PROPOSAL OF HENRY KUMAGAI TO CONVERT AN EXISTING BANK
BUILDING AT 32201 CAMINO CAPISTRANO INTO A GOODYEAR TIRE
CENTER
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
City Council Minutes
Council Members Hausdorfer, Jones, Nash, and Mayor Campbell
None
Council Member Vasquez
-23-
11/15/94
538
Council recessed to a Closed Session at 9:08 p.m. for:
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b) for significant exposure to litigation in one case, and per Government Code Section
54956.9(c), for the initiation of litigation in one case; and
2. 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 9:28 p.m. Mr. Denhalter
advised there was no action to report on either item.
There being no further business before the Council, the meeting was adjourned at 9:28 p.m. to the
next regular meeting date of Tuesday, December 6, 1994, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
ATTEST:
C LYN NA,& MAYOR
City Council Minutes -24- 11/15/94