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92-1103_CC_Minutes_Regular MeetingNOVEMBER 3, 1992 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPLSTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Jim Tracy of the Capistrano Church of the Nazarene. ROLL CALL PRESENT: Gil Jones, Mayor Kenneth E. Friess, Councilman Jerry Harris, Councilman Gary L. Hausdorfer, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Interim Director of Administrative Services; Ted Simon, City Engineer; Thomas Tomlinson, Director of Planning Services; Al King, Jr., Director of Community Services; Ronald C. Sievers, Director of Public Lands and Facilities; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Vasquez, and unanimously carried that all Ordinances be read by title only. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. REQUEST FOR EXCEPTION TO SIGN CODE (ARCHITECTURAL CONTROL 91-09/PLAZA DE LAS GOLONDRINAS) (410.40) Charles Benninghoff, 31411 Camino Capistrano, applicant for the Plaza de las Golondrinas project (Architectural Control 91-09), noted that he had previously forwarded a letter to the City Council reuqesting that his application for an exception to the Sign Ordinance be placed on the agenda for the next meeting. Mr. Benninghoff reiterated his request for consideration of his item at the next City Council meeting. 2. CAMPAIGN TACTICS/LITERATURE (630.20) Kathy Holmes, 31851 Paseo La Branza, expressed appreciation to Councilman Friess for his years of dedicated service to the City. She expressed discouragement with the campaign tactics used by some of the candidate's in this year's election, which she felt were degrading and untruthful, caused damage to property, and included character defamation. She stated that some of these tactics were used by Councilman Vasquez to assist certain candidates. She felt that Council candidates Nash and Kensic violated provisions of their contracts for City Council candidacy and expressed appreciation to the remaining candidates for running "clean" campaigns. Albert F. Simmons, 32302 Alipaz Street, Space 135, admonished Councilman Vasquez for distributing campaign letters with negative comments on former and present City Councilmen. He stated there was -1- 11/3/92 a misstatement of facts in the letter regarding abstentions on a particular issue by Councilman Friess and former Councilman Phillip Schwartze. Nolen Jones, 25501 Via Ynez, felt that Councilman Vasquez' involvement with the campaign for City Council was inappropriate, particularly as an elected representative of the City. Dorothy Brockman, 32302 Alipaz Street, Space 202, expressed her displeasure with the campaign literature recently distributed by Councilman Vasquez. She stated she investigated Councilman Vasquez' allegations and felt that his statements were distorted, misleading, and contained very little factual information. She expressed appreciation for the leadership and work of the other four Councilmen. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None 1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF OCTOBER 20. 1992 The Minutes of the Regular Meeting of October 20, 1992, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR MEETING OF OCTOBER 20, 1992 The Minutes of the Regular Meeting of October 20, 1992, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF OCTOBER 29. 1992 (300.30) The List of Demands dated October 29, 1992, in the total amount of $1,538,880.12 was received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR SEPTEMBER 1992 (330.50) The City Treasurer's Report of Cash Fund Balances for the month of September 1992 in the total amount of $70,913.46 was received and filed. 5. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated November 3, 1992, from the Planning Director, regarding actions taken at the meeting of October 21, 1992, was ordered received and filed. 6. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS (930.40) The Report dated November 3, 1992, from the Director of Community Services, regarding actions taken at the meeting of October 12, 1992, was ordered received and filed. -2- 11/3/92 137 7. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated November 3, 1992, from the Planning Director, regarding actions taken at the meeting of October 22, 1992, was ordered received and filed. 8. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.201 The Report dated November 3, 1992, from the Director of Community Services, regarding actions taken at the meeting of October 19, 1992, was ordered received and filed. 9. RESOLUTION, NOTICE OF COMPLETION, AND FINAL REPORT - PREVENTATIVE STREET MAINTENANCE 1991-92 (SULLY -MILLER CONTRACTING CO.) (600.30) As set forth in the Report dated November 3, 1992, from the Director of Engineering and Building, the following Resolution was adopted declaring the construction of Preventative Street Maintenance for 1991-92 by Sully -Miller Contracting Co. to be complete: RESOLUTION NO. 92-11-3-1. COMPLETION OF PREVENTATIVE STREET MAINTENANCE 1991-1992 PROJECT - 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 1991- 1992 PROJECT (SULLY -MILLER CONTRACTING CO.) The Resolution accepted the work as complete in the amount of $75,611.07 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $7,561.11 thirty-five (35) days after recording the Notice of Completion. 10. RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS - STONEHILL DRIVE LANDSCAPING (ASSEMBLY BILL 471/KATZ)(820.20) None. As set forth in the Report dated November 3, 1992, from the Director of Engineering and Building, the following Resolution was adopted approving the filing of an application through the state's Environmental Enhancement and Mitigation Program (AB 471/Katz) to obtain funds in the amount of $79,300 for the installation of landscaping of the Stonehill Drive parkway and slopes, including the slopes to the future access road to the Lower Rosan Ranch: RESOLUTION NO. 92-11-3-2, APPROVAL OF APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE STONEHILL DRIVE LANDSCAPING PROJECT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE STONEHILL DRIVE LANDSCAPING PROJECT -3- 11/3/92 RECESS AND RECONVENE Council recessed at 7:17 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:18 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES (COUNTY OF ORANGE) (600.50) Written Communication: Report dated November 3, 1992, from the City Manager, recommending that an amendment be approved to the agreement for Gang Prevention and Suppression Services between the County and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills. The proposed amendment includes provisions for the newly admitted City of Laguna Hills and divides the total cost of the program four ways instead of three. Mr. Scarborough explained that the addition of Laguna Hills to the program would not dilute the service received by the City. AAnroval of Amendment to Air ement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the First Amendment to the Agreement for the provision of Gang Prevention and Suppression Services between the County of Orange and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills be approved. 2. RECONSIDERATION OF COMMUNITY GROUP FUNDING REQUESTS. FISCAL YEAR 1992-93 (330.20) Written Communication: Report dated November 3, 1992, from the Senior Management Assistant, requesting that the City appoint a subcommittee consisting of two Council members to work with the City Manager on reviewing and prioritizing the funding requests from community organizations, which was postponed until the State adopted its budget. The report provided the amount of funding requested from each community organization, the total of which was $70,940. Continuation of Item: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried that the item be continued until the new City Council is seated. DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - IMPROVEMENTS TO RANCHO VIEJO ROAD/VILLAGE ROAD (,600.301 Written Communication: Report dated November 3, 1992, from the Director of Engineering and Building, noting that the design plans were finalized for the construction of the traffic signal and bus turnouts at Rancho Viejo -¢ 11/3/92 Road/Village Road and requesting that plans and specifications be approved and receipt of bids authorized for the improvements to Rancho Viejo Road/Village Road. Mayor Jones stated he would abstain because of a potential conflict of interest. Councilman Friess stated that although he owned property within 2,500 feet of the subject property, he felt there was no conflict of interest on his part and would participate. Approval of Plans and Sneercations and Authorization to Receive Bids: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the plans and specifications be approved for the construction of a traffic signal and bus turnouts at Rancho Viejo Road/Village Road. Staff was authorized to receive bids. The motion carried, with Mayor Jones abstaining. . r NU • • • 1: MF-1ZULy:RIs7Y:[yUaai y 1. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BID - CITY TREE TRIMMING PROGRAM (60030) Written Communication: Report dated November 3, 1992, from the Director of Public Lands and Facilities, recommending that bids be solicited for City tree trimming on both an annual basis and on the current per -job basis to determine if an annual contract would be more economical than the current per -job method of bidding. Approval of Spgcifications and Authorization to Receive Bids: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that the specifications be approved for City tree trimming. Staff was authorized to receive bids for both an annual contract and for the current per -job contract to determine if an annual contract would be more economical than the current per -job method of bidding. 1. AMENDMENT TO WASTE DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM ORDINANCE - ADMINISTRATIVEXIVIL PENALTIES AND PERMIT FEES (10402 9) (ADOPTION) Written Communication: Report dated November 3, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 20, 1992, 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 Councilman Friess, seconded by Councilman Hausdorfer, that the following Ordinance be adopted: ORDINANCE NO, 717, AMENDMENT TO WASTE DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM ORDINANCE - ADMINISTRATIVE XIVIL PENALTIES AND PERMIT FEES -AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING EXHIBIT "A" OF THE EXISTING WASTE DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM, ORDINANCE NO. 679, TO AUTHORIZE THE IMPOSITION OF ADMINISTRATIVE AND/OR CIVIL PENALTIES AND PERMIT PROCESSING FEES -5- 11/3/92 The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None COUNCII.MANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. League of California Cities (140.20) Councilman Hausdorfer noted the meeting scheduled for November 12, 1992. None. Council recessed to a Closed Session at 7:25 p.m. for discussion of litigation matters per Government Code Section 54956.9(a) (Committee to Restore Integrity v. City) discussion of exposure to litigation and initiation of litigation per Government Code Section 54956.9(b), and discussion of labor negotiations per Government Code Section 54957.6, the City Clerk being excused therefrom, and reconvened at 9:10 p.m. There being no further business before the Council, the meeting was adjourned at 9:10 p.m. to the next regular meeting date of Tuesday, November 17, 1992, at 7:00 p.m. in the City Council Chamber. ATTEST: GIL OR F.1 Respectfully submitted, IasiI•I:`. •►P j WOF e' 11/3/92