94-1206_CC_Minutes_Regular Meeting S39
DECEMBER 6, 1994
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Campbell at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Monsignor Paul Martin of the Mission San Juan
Capistrano.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Carolyn Nash, Mayor pro tem
Gil Jones, Council Member
Gary L. Hausdorfer, Council Member
Jeff Vasquez, Council Member
ABSENT: None
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.
INTRODUCTION OF FORMER MAYORS AND CURRENT COMMISSIONERS (110,10)
Mayor Campbell noted the following former Mayors of San Juan Capistrano in attendance: Doug
Nash, Tony Forster, Larry Buchheim, Tony Bland, and Ken Friess. She also introduced the following
Commission representatives in attendance: Mary Rose Winkler, Mobile Home Park Review
Committee; Bill Sonka, Transportation Commission; Pauline Leonard and Jill Hanna, Parks,
Recreation, and Equestrian Commission; and, Bill Hardy (Los Rios Review Committee).
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540
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF TEN-YEAR SERVICE AWARD F O )TION OF
APPRECIATION UPON RETIREMENT -NOLEN D. BOYER(730.90)
Written Communication:
Report dated December 6, 1994, from Julia Kimminau, Management Assistant, noting that
Nolen D. Boyer, Senior Building and Grading Inspector, was eligible to receive a plaque in
recognition of his ten years of service with the City, as well as a Resolution of Appreciation
in recognition of his retirement effective December 30, 1994.
Mayor Campbell presented Mr. Boyer with the plaque and Resolution of Appreciation.
ORAL COMMUNICATIONS (CITY COUNCEUCOMMUNITY
REDEVELOPMENT AGENCY)
1. SOUTH ORANGE COUNTY COMMUNITY THEATER(130.50)
B. J. Scott of the South Orange County Community Theater(SOCCT) noted that she had not
received a response from the City regarding her earlier request this year to expand the
theater's operating space at the Pacific Bell building located at 31776 El Camino Real. She
urged that the Council reconsider her request so that the theater could expand its youth
program as soon as possible. Bradley Milke, a member of the theater's youth program, spoke
in support of the youth program and noted the community and educational benefits derived
from the theater.
CONSENT CALENDAR
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor
Campbell
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCEL MINUTES - REGULAR MEETIN OF
NOVEMBER 1. 1994
The Minutes of the Regular Meeting of November 1, 1994, were approved as submitted.
City Council Minutes -2- 12/6/94
541
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
' REGULAR MEETING OF NOVEMBER 1, 1994
The Minutes of the Regular Meeting of November 1, 1994, were approved as submitted.
3. RF_CEIVE AND FILE WARRANTS OF NOVEMBER 9. 1994 (300.30)
The List of Demands dated November 9, 1994, in the total amount of$467,609.09 was
received and filed.
4. RFCEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS
OF OCTOBER 1994 (350.30),
The City Treasurer's Report of Investments as of October 30, 1994, in the total amount of
$13,890,500.37 was received and filed.
5. RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT -
PREVENTATIVE STREET MAINTENANCE 1993-94-CAMINO CAPISTRANO
FROM DEL. OBISPO STREET TO ORTEGA HIGHWAY AND DEL OBISPO
STREET FROM CAMINO CAPISTRANO TO ORTEGA HIGHWAY (ALL
AMERICAN ASPHALT) (600.301
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the following Resolution was adopted declaring the Capital Improvement Project
for Preventative Street Maintenance 1993-94, consisting of the asphalt concrete overlay of
Camino Capistrano from Del Obispo Street to Ortega Highway and Del Obispo Street from
Camino Capistrano to Ortega Highway, to be complete:
RESOLUTION NO, 94-12-6-1. COMPLETION OF PREVENTATIVE
STREET MAINTENANCE 1993-1994 (ALL AMERICAN ASPHALT) -
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
PREVENTATIVE STREET MAINTENANCE 1993-1994, CAMINO
CAPISTRANO FROM DEL OBISPO STREET TO ORTEGA HIGHWAY
AND DEL OBISPO STREET FROM CAMINO CAPISTRANO TO
ORTEGA HIGHWAY (ALL AMERICAN ASPHALT)
The Resolution accepted the work as complete in the amount of$191,728.07 and directed
the City Clerk to forward a Notice of Completion to the County Recorder. Staff was
authorized to release the 5% retention in the amount of$9,586.40 thirty-five (3 5) days after
recording the Notice of Completion.
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542
6. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR
BIDS - 1995 WEED AND RUBBISH ABATEMENT PROGRAM (600.30)
As set forth in the Report dated December 6, 1994, from the Director of Public Lands and
Facilities, the specifications were approved for the 1995 Weed and Rubbish Abatement
Program. Staff was authorized to call for bids.
7. APPROVAL AND AUTHORIZATION TO EXECUTE A LICENSE AGREEMENT
RELATING TO PROPERTY LOCATED AT 30841 STEEPLECHASE DRIVE,
LOT 118, TRACT 6305 (PIERCE) (600.30)
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the License Agreement between Mr. and Mrs. Richard A. Pierce and the City was
approved to permit a portion of the retaining walls to be constructed within the City's
equestrian easement. The Mayor and City Clerk were authorized to execute the License
Agreement, and the City Clerk was directed to forward the Agreement to the County
Recorder.
8. PARKING RESTRICTION REMOVALS - NORTH SIDE OF CAMINO DEL
AVION FROM ALIPAZ STREET TO 1400 FEET WEST AND EAST SIDE OF
DEL OBISPO STREET FORM WINDJAMMER DRIVE TO 430 FEET NORTH
(570,30)
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the following Resolution was adopted removing parking restrictions on the north
side of Camino Del Avion from Alipaz Street to 1400 feet west, and on the east side of Del
Obispo Street from Windjammer Drive to 430 feet north, in order to increase available
parking for Del Obispo Elementary and Marco Forster Middle School:
RESOLUTION NO, 94-12-6-2. ESTABLISHING"NO PARKING" ZONES
-CAMINO DEL AVION-A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING" ZONES ON THE SOUTH SIDE OF
CAMINO DEL AVION FROM DEL OBISPO STREET TO ALIPAZ
STREET; ON THE NORTH SIDE OF CAMINO DEL AVION FROM DEL
OBISPO STREET TO 440 FEET EASTERLY; AT THE TWO SPECIFIC
DRIVEWAY LOCATIONS; AT THE CROSSWALK AT AVENIDA
DESCANSO; AND, RESCINDING RESOLUTION NO. 87-9-29-8
Funds in the amount of$20,500 were appropriated from Systems Development funds for
removal of paint from curbs, removal and restriping of lane lines, messages, double-yellow
median, and tree trimming on Camino Del Avion. Staff was directed to reduce the following
Capital Improvement Projects to accommodate the funds necessary to complete the work:
City Council Minutes -4- 12/6/94
543
Capital Improvement Project Account No. Reduction
' Camino Del Avion Sidewalk 12-65300-4710-104 From$15,000to$13,000
Miscellaneous Design Services 12-65300-4703-132 From$40,000to$36,000
Bike Trail Maintenance 12-65300-4703-111 From$98,000to$88,500
Annual Driveway Apron Rehab. 12-65300-4703-116 From$10,000 to$8,000
Erosion Control Public ROW 12-65300-4703-117 From$25,000to$22,000
9. RESOLUTION ACCEPTING EASEMENT FOR STORM DRAIN PURPOSES
ROSENBAUM ROAD DRAINAGE IMPROVEMENTS (670,50)
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the following Resolution was adopted accepting the easement to construct a storm
drain on Rosenbaum Road 300 feet east of Rancho Viejo Road:
RESOLUTION NO. 94-12-6-3. ACCEPTANCE OF EASEMENT FOR
STORM DRAIN PURPOSES (ROSENBAUM) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING AN EASEMENT FOR STORM DRAIN
PURPOSES IN CONJUNCTION WITH STORM DRAIN
IMPROVEMENTS TO ROSENBAUM ROAD (ROSENBAUM)
The City Clerk was directed to record the document with the County Recorder.
10. RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK
GRANT/HOME CONTRACT - YEAR 20 (600.50)
As set forth in the Report dated December 6, 1994, from the Planning Director, the following
Resolution was adopted authorizing the Mayor to sign the Community Development Block
Grant/HOME contracts for Year 20(1994-95)for the rehabilitation of mobile homes for low-
income households @ $45,000; and, after-school scholarships for low-income children @
$7,500 for a total amount of$52,500:
RESOLUTION NO, 94-12-6-4_ AUTHORIZING THE MAYOR TO SIGN
THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS
FOR YEAR 20 (FISCAL YEAR 1994-1995) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN THE YEAR 20
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS FOR
YEAR 20 (FISCAL YEAR 1994-1995)
11. DENIAL OF CLAIM-DAMAGES (LONGS DRUG STORES) (170,10)
The Claim for damages filed by Chuck Lintell of Long's Drug Stores was denied in its
' entirety, as set forth in the Report dated December 6, 1994, from the City Attorney.
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544
12. DENIAL OF CLAIM - INVERSE CONDEMNATION (McLAUGHLIN dba M&M
TRADING, ET AL) (170.10),
The Claim for inverse condemnation filed by Richard L. Franck of the law offices of Parker,
Milliken, Clark, O'Hara & Samuelian, on behalf of Frances N. McLaughlin dba M&M
Trading, et al,was denied in its entirety, as set forth in the Report dated December 6, 1994,
from the City Attorney.
PUBLIC HEARINGS
None.
RECESS AND RECONVENE
Council recessed at 7:21 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:22 p.m.
ADMINISTRATIVE ITEMS
CM MANAGER
1. CLASSIFICATION AND COMPENSATION STUDY (RALPH ANDERSEN &
ASSOCIATES) (700.50) —
Written Communication:
Report dated December 6, 1994, from the City Manager, recommending that the
Compensation and Classification Study performed by Ralph Andersen & Associates be
accepted-effective November 1, 1994. The Study recommended that the Memoranda of
Understanding reached with the Classified and Management Employees Associations be
implemented, resulting in the modification of certain positions, allocation of other positions
to a more appropriate class within the existing classification, and the establishment of new
classes to which certain positions should be allocated. Implementation of the
recommendations will not increase budgeted expenditures.
Acceptance of Classification and Compensation Study:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that the Classification and Compensation Study performed by Ralph
Andersen& Associates be accepted effective November 1, 1994.
2. MEMORANDUM M OF UNDERSTANDING - SAN JUAN CAPISTRANO CITY
EMPLOYEES ASSOCIATION (CLASSIFIED EMPLOYEES) (730,30)
Written Communication:
Report dated December 6, 1994, from the City Manager, forwarding the Memorandum of —
Understanding for Classified Employees for fiscal year 1994-95. The contract provided for
City Council Minutes -6- 12/6/94
545
a 2.4% salary increase and the elimination of City-paid Select Option for health insurance
coverage, the Wellness Program for Non-Management Employees, and the Performance Pay
Program, resulting in no increases in the City's cost of total salary and benefits.
Approval of Memorandum of Understanding:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that the Memorandum of Understanding between the City and the San
Juan Capistrano Classified Employees Association be approved for fiscal year 1994-95.
3. MEMORANDUM_ OF UNDERSTANDING - SAN JUAN CAPISTRANO CITY
EMPLOYEES ASSOCIATION (MANAGEMENT EMPLOYEES)X730.30),
Written Communication:
Report dated December 6, 1994, from the City Manager, forwarding the Memorandum of
Understanding for Management Employees for fiscal year 1994-95. The contract provides
for a 2.1% salary increase and the elimination of City-paid Select Option for health insurance
coverage, Physical Examination/Optional Benefit Plan, and the Performance Pay Program,
resulting in no increases in the City's cost of total salary and benefits.
Approval of Memorandum of Understanding:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried that the Memorandum of Understanding between the City and the San
' Juan Capistrano Management Employees Association be approved for fiscal year 1994-95.
4. RESOLUTION AMENDING CITYS PERSONNEL CLASSEFICATION AND
COMPENSATION PLAN - FISCAL YEAR 1994-95 MEMORANDA OF
UNDERSTANDING(700.20)
Written Communication:
Report dated December 6, 1994, from the City Manager, recommending that the City's
Personnel Classification and Compensation Plan be amended to 1) provide a 2.4% salary
increase for Classified Employees and a 2.1% salary increase for Management Employees
effective November 1, 1994; and, 2) reflect the recommendations of the Ralph Andersen&
Association Classification and Compensation Study.
Adoption of Resolution Amending the Cilys Personnel Classification and Comne sa ion Plan:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the
following Resolution be adopted:
City Council Minutes -7- 12/6/94
546
RESOLUTION NO, 94-12-6-5. AMENDING RESOLUTION NO,
89-10-17-3. THE CITY'S PERSONNEL CLASSIFICATION AND —
COMPENSATION PLAN - FISCAL YEAR 1994-95 MEMORANDA OF
UNDERSTANDING - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 89-10-17-3, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN(FISCAL YEAR 1994-
95 MEMORANDA OF UNDERSTANDING- SAN JUAN CAPISTRANO
CITY EMPLOYEES ASSOCIATION AND SAN JUAN CAPISTRANO
MANAGEMENT EMPLOYEES ASSOCIATION)
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor
Campbell
NOES: None
ABSENT: None
DIRECTOR OF ADMINISTRATIVE SERVICES
1. ORDINANCE AMENDING TITLE 7. CHAPTER 2. CABLE TELEVISION —
SYSTEMS - GRANTING AND REGULATION OF FRANCHISES FOR CABLE
COMMUNICATION SYSTEMS (600.30)
Written Communication:
Report dated December 6, 1994, from the Administrative Services Director, recommending
that the draft Ordinance be adopted implementing stringent standards and providing a
comprehensive set of customer service standards which would apply to any cable operator
serving the City. Included in the draft Ordinance is a section requiring cable operators to
constantly and continuously scramble channels containing obscene, indecent, and sexually
explicit material unless individual subscribers have submitted a written request to de-scramble
the channel. The draft Ordinance would also require payment of a franchise fee from the
cable operator to the City at the rate of 5% of gross revenues.
Mary Laub, Management Assistant, modified the staff recommendation to request that this
item be continued to the meeting of January 17, 1995, as requested by Dimension Cable, so
that a technical study regarding the scrambling of certain channels could be completed by
December 23 and the results presented to the Council in January.
Mark Stucky representing Dimension Cable concurred with the staff recommendation.
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547
Council Member Vasquez suggested that the City Council consider including a measure of
control in the draft Ordinance to tie the franchise relationship with the operator's ability to
scramble the Spice Channel to avoid accidental transmissions.
Continuation of Item:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and
unanimously carried that this item be continued to the meeting of January 17, 1995, for
completion of a technical study regarding the scrambling of certain channels.
2. REQUEST BY DIMENSION CABLE SEBYICES FOR CHANGE OF CONTROL
TO COX CABLE COMPANY(600.30)(CONTINUED FROM NOVEMBER 15,
19941
Written Communications:
Report dated December 6, 1994, from the Administrative Services Director, recommending
that the proposed Agreement consenting to Dimension Cable's merger with Cox Cable
Communications, Inc. be approved. This item was continued from the meeting of
November 15, 1994, so that final documents could be prepared and approved by the City
Attorney. The Agreement provided for the City to be reimbursed up to a maximum of$5,000
for costs related to the transfer.
Mary Laub, Management Assistant, made an oral presentation. She noted that the terms of
' the original franchise agreement with Dimension Cable would be the same as the proposed
agreement with Cox Cable.
Council Member Jones requested that the City ensure that the requirement included in the
agreement with Dimension Cable to scramble unwanted channels from accidental viewing is
transferred to the Cox Cable agreement. Ms. Laub indicated that if the Council finds the
upcoming technical study to be unsatisfactory, the Council could unilaterally adopt the draft
Ordinance at any time, as it is currently written.
Mark Stucky representing Dimension Cable noted that the franchise holder for cable
operations would not change with the proposed transfer and that Cox Cable has indicated
their acceptance of all of the terms agreed to in the Dimension Cable franchise agreement.
Adoption of Resolution Approving Agreement Approving Transfer from Dimension
Cable to Cox Cable:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the
following Resolution be adopted:
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548
RESOLUTION NO. 94-12-6-6 - APPROVING TRANSFER OF
CONTROL - TIMES MIRROR CABLE TELEVISION OF ORANGE —
COUNTY. INC. TO COX CABLE COMMUNICATIONS. INC. - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THAT AGREEMENT
ENTITLED "AGREEMENT RELATING TO THE CONSENT OF THE
CITY OF SAN JUAN CAPISTRANO TO THE TRANSFER OF CONTROL
OF TIMES MIRROR CABLE TELEVISION OF ORANGE COUNTY,
INC." TO COX CABLE COMMUNICATIONS, INC.
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor
Campbell
NOES: None
ABSENT: None
ORDINANCES
1. ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE RELATING
TO CAPITAL INIPROVEMENT PROJECTS (420.30/610.30) (ADOPTION) —
Written Communication:
Report dated December 6, 1994, from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 15, 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 Jones, seconded
by Council Member Hausdorfer, that the following Ordinance be adopted:
ORDINANCE NO. 755_ AMENDMENT TO TITLE 9 OF THE
MUTflCIPAL CODE - PUBLIC 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
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549
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor
Campbell
NOES: None
ABSENT: None
2. ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR THE SAN
JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AMA
(430.25/400.60) (ADOPTION)
Written Communication:
Report dated December 6, 1994, from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 15, 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 Jones, that the following Ordinance be adopted:
ORDINANCE NO. 756. APPROVING AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA IN COMPLIANCE
WITH ASSEMBLY BILL 1290 - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND
ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT
PROJECT AREA TO COMPLY WITH CERTAIN TIME LIMITS
SPECIFIED IN ASSEMBLY BILL 1290
The motion carried by the following vote:
AYES: Council Members Jones, Hausdorfer, Nash, Vasquez, and Mayor
Campbell
NOES: None
ABSENT: None
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550
3. ORDINANCE AMENDING TITLE 4 OF THE MUNICIPAL CODE RELATIN
TO ESTABLISHMENT OF SPEED LIMITS (590.30) (ADOPTION) —
Written Communication:
Report dated December 6, 1994, from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 15, 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 Jones, seconded
by Council Member Hausdorfer, that the following Ordinance be adopted:
ORDINANCE NO, 757, AMENDMENT TO TITLE 4 OF THE
MUNICIPAL CODE, TRAFFIC REGULATIONS - ESTABLISHING
SPEED LIMITS AT VARIOUS 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, Vasquez, and Mayor
Campbell
NOES: None
ABSENT: None
CO 1N ILNL NIC ITEMS
1. DECLARATION OF VACANCY(PLANNING COMMISSION) (110.20)
Written Communication:
Report dated December 6, 1994, from Carole Jacklin, Council Services Manager, noting the
vacancy left by former Commissioner Wyatt Hart, who was elected to the City Council on
November 8, 1994.
Declaration of Vacancy:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried to declare the position on the Planning Commission vacant. The City
Clerk was directed to post notices of the vacancy and to advertise for applications for the
position for tentative consideration at the meeting of January 3, 1995.
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SS1
2. DECLARATION OF VACANCY {MOBILE HOME PARK REVIEW
COMMITTEEI 1110,201
Written Communication:
Report dated December 6, 1994, from Carole Jacklin, Council Services Manager, noting the
vacancy left by former Committee Member David Swerdlin, who was elected to the City
Council on November 8, 1994.
Declaration of Vacancy:
It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and
unanimously carried to declare the position on the Mobile Home Park Review Committee
vacant. The City Clerk was directed to post notices of the vacancy and to advertise for
applications for the position for consideration at the meeting of January 3, 1995.
3. ORAL REPORTS OF OUTSIDE AGENCIES
None.
JOINT CITY COUNCIL/COMMUNITY REDEVELOPMENT
AGENCY REORGANIZATION (630.201
1. ADOPTION OF RESOLUTION DECLARING RESULTS OF NOVEMBER 8.
' 1994. ELECTION AND CITY COUNCIL REORGANIZATION
Written Communication:
Report dated December 6, 1994, from the City Clerk, forwarding a Resolution declaring the
results of the November 8, 1994, General Municipal Election. The Report advised that the
official canvass was conducted by the County Registrar and the overall results of the semi-
official tally confirmed. Incumbent Gil Jones was re-elected and Wyatt Hart and David
Swerdlin were elected to four-year terms of office ending November 1998.
Declaration of Results:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that
the following Resolution be adopted:
City Council Minutes -13- 12/6/94
552
RESOLUTION NO. 94-12-6-7
RESULTS OF ELECTION- NOVEMBER 8. 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS,a General Municipal Election was held and conducted in the City of San
Juan Capistrano, California on Tuesday, November 8, 1994, as required by law; and
WHEREAS,notice of the election was given in time, form, and manner as provided
by law; that voting precincts were properly established; that election officers were appointed and that
in all respects the election was held and conducted and the votes were cast, received and canvassed
and the returns made and declared in time, form, and manner as required by the provisions of the
Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, pursuant to Resolution No. 94-6-21-5 adopted June 21, 1994, the
Orange County Registrar of Voters canvassed the returns of the election and has certified the results
to this City Council, the results are received, attached, and made a part hereof as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1.
That the whole number of votes cast in the City except absent voter ballots was 8,3 22.
That the whole number of absent voter ballots cast in the City was 2,052, making a
total of 10,374 votes cast in the City.
SECTION 2.
That the names of persons voted for at the election for Member of the City Council
are as follows:
1. Steve Dallas
2. Phil Delgado, Jr.
3. John Greiner
4. Wyatt Hart
5. Tim Holsten —
City Council Minutes 14- 12/6/94
S53
6. Gil Jones
' 7. Serge Kohan
8. Carlos F. Negrete
9. Mario D. (Jake) Piiia
10. David M. Swerdlin
SECTION 3.
That the number of votes given at each precinct and the number of votes given in the
City to each of the persons above named for the respective offices for which the persons were
candidates were as listed in Exhibit "A" attached.
SECTION 4.
The City Council does declare and determine that:
Wyatt Hart
was elected as Member of the City Council for the full term of four(4)years;
Gil Jones
was elected as Member of the City Council for the full term of four(4) years; and
' David M. Swerdlin
was elected as Member of the City Council for the full term of four (4) years.
SECTION 5.
The City Clerk shall enter on the records of the City Council of the City a statement
of the results of the election, showing:
1. The whole number of votes cast in the City;
2. The names of the persons voted for;
3. For what office each person was voted for;
4. The number of votes given at each precinct to each person;
5. The number of votes given in the City to each person.
SECTION 6.
That the City Clerk shall immediately make and deliver to each of the persons so
' elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall
also administer to each person elected the Oath of Office prescribed in the Constitution of the State
City Council Minutes -15- 12/6/94
554
of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and
all of the persons so elected shall then be inducted into the respective office to which they have been —
elected.
SECTION 7.
That the City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 6th day of December, 1994.
/s/ Collene Campbell
COLLENE CAMPBELL, MAYOR
ATTEST:
/s/ Cheryl Johnson
CHERYL JOHNSON, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I;CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-12-6-7
adopted by the City Council of the City of San Juan Capistrano, at a regular meeting held on the 6th
day of December, 1994, by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor
Campbell
NOES: None
ABSENT: None
(SEAL) /s/ Cheryl Johnson
CHERYL JOHNSON, CITY CLERK
City Council Minutes -16- 12/6/94
5SS
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
' STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I, Donald Tanney, Registrar of Voters of Orange County, do hereby certify
the following to be a full , true and correct Statement of the Vote of the
election listed below, consolidated with the General Election held on November
8, 1994.
CITY OF SAN JUAN CAPISTRANO GENERAL MUNICIPAL ELECTION
MEMBER OF THE CITY COUNCIL
WYATT T. HART 4,714
GIL JONES 4,205
DAVID M. SWERDLIN 3,428
CARLOS F. NEGRETE 3,125
JOHN GREINER 2,173
PHIL DELGADO, JR. 1,671
' TIM HOLSTEN 1,608
STEVE DALLAS 1,552
MARIO D. (JAKE) PINA 1, 194
SERGE KOHAN 576
PRECINCT BALLOTS CAST: 8,322
ABSENTEE BALLOTS CAST: 2,052
TOTAL BALLOTS CAST: 10,374
I hereby certify that the number of votes cast for each candidate is as
set forth above and appears in the Certified Statement of the Vote.
WITNE!j;AW@Jj#Jd and Official Seal this 21st day of November, 1994.
01'lUr�i�g
1247
r • /T`�
' DONALD TANNEY
REGISTRAR OF VOTERS
Orange County
-17 Exhibit A
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557
POLLING LOCATIONS - CITY OF SAN JUAN CAPISTRANO
NOVEMBER 8. 1994. GENERAL. MUNICIPAL. ELECTION
' # Precinct#
Precinct Location js4S�3114Il
49-113 Richard Residence 49-116 El Nido Mobile Estates
28791 Calle Posada Clubhouse
27703 Ortega Highway
49-117 San Juan School 49-118 Lord Residence
31642 El Camino Real 31151 Via Sonora
49-119 Mariner Village Clubhouse 49-120 Pagano Residence
25615 Mariner Dr. 31881 Paseo Alto Plano
49-121 Village San Juan 49-122 Church of the Nazarene
Clubhouse 31511 La Novia Avenue
26383 Shadybrook Rd
49-123 Rancho del Avion 49-125 Carpenter Residence
Clubhouse 27557 Paseo Talavera
32742 Alipaz St
' 49-126 Jensen Residence 49-127 Lance Residence
33771 Kinkerry Ln 25581 Via Inez Rd
49-335 Villa Del Obispo 49-336 Capistrano Volkswagen
32200 Del Obispo St 32852 Valle Rd
49-338 Marco Forster Jr Iliigh 49-339 Capo Valley Mobile
25601 Camino del Avion Estates Clubhouse
26000 Avenida Aeropuerto
49-341 Village San Juan Clubhouse 49-343 Rancho Del Avion Clubhouse
26383 Shadybrook Rd 32742 Alipaz Street
49-344 Cunningham Residence 49-346 La Sala
30101 Ifillside Terrace 31495 El Camino Real
49-348 San Juan Hills Country Club 49-349 Capistrano Point Apts.
32120 San Juan Creek Rd Clubhouse
26451 Camino de Vista
-19-
558
2. RECOGNITION OF OUTGOING COUNCIL MEMBERS
Mayor Campbell presented a Resolution of Appreciation to Council Member Vasquez in
recognition of his four years of service on the City Council.
Battalion Chief John Howland of the Orange County Fire Department expressed appreciation
to the City Council and City staff for their support and presented plaques to outgoing Council
Members Vasquez and Hausdorfer.
A bouquet of roses was presented to Mrs. Vasquez in appreciation of her support during his
term on the Council. Council Member Vasquez expressed appreciation to City staff for their
assistance, to his fellow City Council Members, and to the citizens for their support.
Mayor Campbell presented a Resolution of Appreciation to Council Member Hausdorfer in
recognition of his sixteen years of service on the City Council.
On behalf of the Drug Use is Life Abuse Foundation, Sheriff Brad Gates of the Orange
County Sheriffs Department spoke regarding Council Member Hausdorfer's contributions to
the Sheriffs Department, particularly the Drug Use is Life Abuse Foundation. He presented
an award to Council Member Hausdorfer for his contributions and noted that only three other
people have received this award.
Marlene Draper, member of the Board of Trustees of the Capistrano Valley Unified School
District, expressed appreciation to outgoing Council Members Vasquez and Hausdorfer for
their service on the Council. On behalf of the citizens of San Juan Capistrano, she presented
a clock to Council Member Hausdorfer in recognition of the leadership and vision he has
given to the community.
Matthew Holder, Legal Aide to Senator John Lewis, presented a Resolution of Appreciation
to Council Member Hausdorfer for his service to the community.
Bill Hodges representing the Orange County Division of the League of California Cities
presented a Proclamation to Council Member Hausdorfer in recognition of his visionary
leadership while serving as the City's representative to the League, Chairman of the Orange
County Transit Authority, and member of numerous League committees.
Dedication of Baseball Field_ Sports Park:
Mayor Campbell noted that there is one baseball field at the new Sports Park adjacent to the
agriculture preserve and community garden. It was moved by Mayor Campbell, seconded by
Council Member Nash, and unanimously carried that the baseball field to be constructed at
the northerly section of the Sports Park adjacent to the agriculture preserve and community
garden be named "Hausdorfer Field" in honor of Council Member Hausdorfer and his many
contributions to the City.
City Council Minutes -20- 12/6/94
559
Council Member Jones expressed appreciation for Council Member Hausdorfer's
' contributions to the community, particularly the open space acquisitions and urged him to stay
involved. Council Member Nash thanked Council Member Hausdorfer for his service to the
community, particularly during a time when the City was developing quickly. She noted his
contributions to the preservation of the City's open space and agricultural lands (bond
measure), formation of the Community Redevelopment Agency, and preservation of the City's
ridgelines.
Council Member Hausdorfer congratulated Council Members-elect Wyatt Hart and David
Swerdlin and expressed appreciation to the City Council. He spoke regarding the combined
efforts and contributions made by former Mayor and Councilmen Larry Buchheim, Tony
Bland, Ken Friess, and Phil Schwartze, and former City Manager Stephen Julian. He
expressed appreciation to Council Services Manager Carole Jacklin and to his family for their
assistance and support. He spoke regarding the people who have supported him throughout
the years and their contributions to the history of San Juan Capistrano. He expressed great
appreciation for the dedication of the Sports Park baseball field in his name.
After concluding their remarks, Gary Hausdorfer and Jeff Vasquez left their seats.
3. OATH OF ALLEGIANCE AND PRESENTATION OF CERTIFICATES OF ELECTION
The City Clerk presided at the meeting and administered the Oath of Office to Council
' Members-elect Jones, Hart, and Swerdlin. Following the Oath of Office, the City Clerk
presented the Certificates of Election, and the new City Council was seated.
4. ROLL CALL OF NEWLY CONSTITUTED COUNCIUREDEVELOPMENT
AGENCY BOARD OF DIRECTORS
PRESENT: Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
David M. Swerdlin, Council Member
5. REMARKS BY COUNCIL MEMBERS ELECT
Council Members Swerdlin and Hart expressed appreciation for citizens' support during their
election campaigns and introduced their families. Council Member Swerdlin presented
Hawaiian leis to all Council Members.
Council Member Jones commended Collene Campbell on her service as Mayor, particularly
her tireless efforts with the Transportation Corridor Agency in obtaining the best possible
mitigation measures for the City.
City Council Minutes -21- 12/6/94
560
6. ELECTION OF MAYOR AND MAYOR PRO TEM
Election of Mavor:
The City Clerk opened nominations for the Office of Mayor. Council Member Jones
nominated Council Member Nash for the Office of Mayor; Council Member Swerdlin
seconded the nomination. There being no further nominations, nominations were closed. It
was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that Carolyn Nash be elected as Mayor for a one-year term ending
December 6, 1995. Mayor Nash assumed the chair and presided during the election of Mayor
Pro Tempore.
Election of Mavor Pro Temoore:
Mayor Nash opened nominations for the Office of Mayor Pro Tem. Council Member Jones
nominated Council Member Hart for the Office of Mayor Pro Tem; Council Member
Campbell seconded the nomination. There being no further nominations, nominations were
closed. It was moved by Council Member Jones, seconded by Council Member Campbell,
and unanimously carried that Wyatt Hart be elected as Mayor Pro Tem for a one-year term
ending December 6, 1995.
Mayor Nash stated that she looked forward to working with the City Council and staff on
various projects, including the Business Task Force and completion of the Sports Park. She
expressed appreciation to the City for its support and introduced her family. She presented
a gavel plaque to Council Member Campbell in recognition of her service as Mayor over the —
past year and a bouquet of flowers to Council Member Campbell's family. She noted Council
Member Campbell's commitment to her family, fighting crime, and recognizing citizens who
have contributed to the community.
7. RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF CITY
FUNDS (320.10)
Written Communication:
Report dated December 6, 1994, from the City Clerk, forwarding the Resolution authorizing
the signatures of the newly elected Mayor or Mayor Pro Tem and the City Treasurer or
Deputy City Treasurer or the Administrative Services Director.
Authorization of Signatures:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
City Council Minutes -22- 12/6/94
S61
RESOLUTION NO, 94-12-6-8. DEPOSIT AND INVESTMENT OF CITY
' FI MS AND AUTHORIZING SIGNATURES-A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR
REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND
REPEALING RESOLUTION NO. 93-11-16-4
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
8. SELECTION OF CHAIRMAN AND VICE CHAIRMAN - COMMUNITY
REDEVELOPMENT AGENCY(400.10)
Selection of Chairman:
The Agency Secretary opened nominations for the Office of Chairman. Director Jones
nominated Director Swerdlin for the Office of Chairman; Director Hart seconded the
' nomination. There being no further nominations, nominations were closed. It was moved by
Director Jones, seconded by Director Hart, and unanimously carred that David Swerdlin be
selected as Chairman for a one-year term ending December 6, 1995. Chairman Swerdlin
assumed the chair and presided during the election of Vice Chairman.
Selection of Vice Chairman:
Chairman Swerdlin opened nominations for the Office of Vice Chairman. Director Campbell
nominated Director Nash for the Office of Vice Chairman;Director Swerdlin seconded the
nomination. There being no further nominations, nominations were closed. It was moved by
Director Campbell, seconded by Director Swerdlin, and unanimously carried that Carolyn
Nash be selected as Vice Chairman for a one-year term ending December 6, 1995.
9. RESOLUTION AUTHORIZING DEPOSIT AND INVESIMEhIl OF AGENCY
FUNDS (320.10)
Written Communication:
Report dated December 6, 1994, from the Agency Secretary, forwarding the Resolution
authorizing the signatures of the newly elected Chairman or Vice Chairman and the Executive
Director, Agency Secretary, and Agency Finance Director.
Authorization of Si¢natures:
' It was moved by Director Campbell, seconded by Director Jones, that the following
Resolution be adopted:
City Council Minutes -23- 12/6/94
562
RESOLUTION NO. CRA 94-12-6-1- DEPOSIT INVESTMENT OF
AGENCY FUNDS AND AUTHORIZING SIGNATURES - A
RESOLUTION OF THE SAN JUAN CAPISTRANO REDEVELOPMENT
AGENCY, DELEGATING TO THE AGENCY FINANCE OFFICER
AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST OR
REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES AND
REPEALING RESOLUTION NO. CRA 93-11-16-1
The motion carried by the following vote:
AYES: Directors Campbell, Hart, Jones, Nash, and Chairman Swerdlin
NOES: None
ABSENT: None
COUNCIL COMMENTS
None.
CLOSED SESSION
None.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:07 p.m. to the
next regular meeting date of Tuesday, December 20, 1994, at 7:00 p.m. in the City Council Chamber.
(The meeting will not be held, and the next meeting will be held on January 3, 1995).
Respectfully submitted,
&?Z�
CHERYL JOICKSW, CITY CLERK
ATTEST:
CAROLYN ASH, MAYOR
City Council Minutes -24- 12/6/94