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