93-0105_CC_Minutes_Regular Meeting193
JANUARY 5, 1993
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 Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Pastor Phil Munsey of The Life Church.
ROLL CALL PRESENT: Gil Jones, Mayor
Collett Campbell, Council Member
Gary L. Hausdorfer, Council Member
Carolyn Nash, 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, Interim 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; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Campbell, seconded by Council Member Vasquez, and unanimously carried
that all Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
None.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. RENT INCREASE - CITY -OWNED PROPERTY (670.60)
John Ware, owner of JDK Builders, spoke regarding his inability to pay the rent increase to the City
for property leased to him on Paseo Adelanto and requested that the rent be raised to no more than
$450 per month. He noted his letters to the City dated December 7 and December 31, 1992, requesting
that the matter be placed on the agenda for Council consideration.
Mayor Jones stated he would abstain from discussing this matter since Mr. Ware was one of his
neighbors.
Mr. Scarborough noted that Mr. Ware had several Code violations on the subject property which needed
to be remedied, or he would be required to remove his business from that location. In addition, the
purpose of the proposed rent increase to $675 per month was for the City to establish a fair market rent
and recover its investment in the property. He suggested that Mr. Ware first resolve his outstanding
Code violations before any further negotiation of rent with the City.
Upon the recommendation by Council Member Hausdorfer, it was a consensus of the Council that
because of the difficult economic times, the City Manager be directed to contact Mr. Ware to determine
a rent that would be agreeable to both parties.
City Council Minutes -1- 1/5/93
2. NEIGHBORHOOD PRESERVATION PROGRAM (585.10
Daniel Poppa, 26552 Calle Santa Barbara, submitted a written alternative proposal to the City's
Neighborhood Preservation Program, which he felt could be accomplished with less controversy and with
less risk. His proposal concentrated on upgrading neighborhoods and eliminating the rental inspection
program, which he felt would be invasive, misinterpreted, and increase racial tensions. He noted that
leaflets were distributed throughout the Capistrano Villas "warning" tenants of the City's Neighborhood
Preservation Program.
Gillian Cannon, 26467 Calle San Luis (Capistrano Villas), expressed concerns regarding the unsafe living
conditions at the Capistrano Villas, which she felt were socio-economic and not ethnic in nature. She
cited problems regarding an excessive number of people visiting two particular units, unlicensed daycare,
sexual harassment suffered by her daughter, drinking, gang graffiti, and lack of available parking. She
commended the efforts of Nibardo Gomez but felt that the problems have gotten out of control and that
the Sheriffs Department is unable to devote the time necessary to resolve the problems. She suggested
that business licenses not be issued to produce trucks and door-to-door vendors that congregate in the
neighborhood, that the hiring of illegal aliens by business owners should be investigated and enforced,
and that landlords should be held accountable for their properties. She offered her assistance to work
with the City to resolve the problems.
Mr. Scarborough stated that the City is presently committing far more resources to problems in the
Capistrano Villas than anywhere else in the City and is committed to increasing its resources to resolve
the problems. Mayor Jones requested that Mr. Scarborough meet with Ms. Cannon and Mr. Poppa to
discuss their concerns.
3. RECYCLING PROGRAM/SOLID WASTE FRANCHISE (810.60/810.30)
Dolores Egigian, representing Five Star Rubbish Service, 2130 Canyon Drive, Costa Mesa, stated that
her company had received calls from construction contractors in San Juan Capistrano who have
expressed concern regarding Solag's policy of requiring cash payment for trash hauling for contractors.
She submitted copies of the County's Five -Year Plan for Integrated Waste Management which reported
the baseline tonnage for recycling in the County as well as a document entitled "Liability Issues in
Recyclables, Marketing and Purchasing," prepared by the law offices of Burke, Williams & Sorensen.
She felt that by allowing Solag an exclusive franchise for waste hauling in the City, rates would escalate.
She suggested that the City work with other cities in the South County area to establish a Material
Recovery Facility.
Madeline Arakelian, owner of South Coast Refuse & Recycling, 2021 Business Center Drive, Irvine,
stated that two of their collection bins had been confiscated by Solag and expressed concern regarding
Solag's exclusive franchise with the City. She noted that a police report had been filed regarding the
bin confiscation and requested that the containers be returned. She stated that according to state law,
a franchise company (Solag) must give related businesses a five-year notice to move their business out
of the City.
Mr. Scarborough indicated that there were legal issues that needed to be resolved with South Coast _
Refuse & Recycling and that the City Attorney would be in contact with their attorney.
4. ILLEGAL IMMIGRATION (585.90)
Pat Grinnell, 26000 Avenida Aeropuerto, expressed concerns regarding the impact of illegal immigrants
upon the country.
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95,
CONSENT CALENDAR
It was moved by Coun6l Member Hausdorfer, seconded by Council Member Vasquez, 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 Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
DECEMBER 15,199
The Minutes of the Regular Meeting of December 15, 1992, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
REGULAR MEETING OF DECEMBER 15, 1992
The Minutes of the Regular Meeting of December 15, 1992, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF DECEMBER 23. 1992 (300.30)
The List of Demands dated December 23, 1992, in the total amount of $1,378,621.76 was received and
filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated January 5, 1993, from the Director of Planning Services, regarding actions taken at
the meeting of December 8, 1992, was ordered received and filed.
5. REPORT OF SERRA BOARD ACTIONS (440.40)
The Report dated January 5, 1993, from the Director of Engineering and Building, regarding actions
taken at the meetings of November 12, 1992, was ordered received and filed.
6. PLANS, SPECIFICATIONS, AND AUTHORIZATION TO CALL FOR BIDS -
PREVENTATIVE STREET MAINTENANCE 1992-93 (DEL OBISPO STREET -
CAMINO DEL AVION TO PASEO DE LAS PAZ) (600.30)
As set forth in the Report dated January 5, 1993, from the Director of Engineering and Building, the
plans and specifications were approved for Preventative Street Maintenance 1992-93 for the asphalt
concrete overlay of Del Obispo Street from Camino Del Avion to Paseo De La Paz. Staff was
authorized to call for bids.
7. RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT
(LOS ANGELES ENGINEERING)(600.30)
As set forth in the Report dated January 5, 1993, from the Director of Engineering and Building, the
following Resolution was adopted declaring the rehabilitation of Silver Creek Drive at Horno Creek and
drainage improvements on Mission Street to Ramos Street by Los Angeles Engineering to be complete:
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M�Zw
MISSION STREET TO RAMOS STREET - 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 REHABILITATION OF SILVER CREEK DRIVE
AT HORNO CREEK AND DRAINAGE IMPROVEMENTS - MISSION STREET
TO RAMOS STREET
The Resolution accepted the work as complete in the amount of $59,605.72 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 $5,960.57 thirty-five (35) days after recording the Notice of Completion.
8. RESOLUTION. APPROVAL OF AGREEMENT EXTENDING FUNDING FOR THE
DESIGN OF THE SAN JUAN CREEK RAILROAD BRIDGE AND TRACK
REALIGNMENT (DEPARTMENT OF TRANSPORTATION/AMTRAK) (600.50)
As set forth in the Report dated January 5, 1993, from the Director of Engineering and Building, the
following Resolution was adopted approving the Agreement Extension to March 31, 1994, for Funding
Contract No. 64G188 with the California Department of Transportation and the National Railroad
Passenger Corporation for the design of the San Juan Creek Railroad Bridge and Track Realignment:
RESOLUTION NO. 93-1-5-2. APPROVAL OF EXTENDING AGREEMENT FOR
FUNDING THE DESIGN OF THE SAN JUAN CREEK RAILROAD BRIDGE
AND TRACK REALIGNMENT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
EXTENSION OF THE FUNDING CONTRACT NO. 64G188 WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE NATIONAL
RAILROAD PASSENGER CORPORATION
PUBLIC HEARINGS
1. AMENDING RESOLUTION NO. 90-11-6.1, DEVELOPMENT FEES AND DEPOSITS
FOR PROCESSING DEVELOPMENT APPLICATIONS (420.20)
Proposal:
Consideration of proposed modifications to the Schedule of Fees and Deposits to provide more realistic
cost estimates for applicants and reduce the administrative time necessary for collecting additional
deposit payments for the processing of permits and development applications.
Written Communication:
(1) Report dated January 5, 1993, from the Planning Director, recommending modifications to the
Fee and Deposit Schedule, including initial deposits, developer deposit charges, and consultant
charges.
(2) Amended Resolution and Exhibit A, Schedule of Application Fees and Deposits.
Exhibits were on display, and Lynette Lehmann, Administrative Assistant, made an oral presentation.
Council Member Campbell expressed concern that $1,500 for a zone variance and $5,000 for a
Conditional Use Permit would be costly for many residents. Mr. Scarborough noted that the costs
would cover the large amount of staff time needed for the City's detailed and complex processing of
development applications. Council Member Hausdorfer concurred with Council Member Campbell's
concerns and suggested that developer deposits be restudied, including how the City's costs compare
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1 ,9'7
with other cities, a breakdown by the process and whether the City is less, more, or as efficient than
other cities. He questioned whether a resident applying for a Tentative Parcel Map should have to pay
the same amount'($7,000) as a large development. Mr. Tomlinson noted that a provision is provided
allowing an applicant to request a reduction in the initial deposit if it can be shown that the initial
deposit would be substantially above or below the estimated amount. Council Member Campbell felt
that the large fees could discourage residents from developing their properties.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Tim Bolen, 13411 EI Camino Real, suggested that the City reduce costs by shortening the
processing time for applications.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Resolution Amending Development Fees and Deposits:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 93-1-5-3. AMENDING DEVELOPMENT FEES AND
DEPOSITS FOR DEVELOPMENT APPLICATIONS AND REPEALING
RESOLUTION NO. 90-11-6-1 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
DEVELOPMENT FEES AND DEPOSITS FOR THE PROCESSING OF
PLANNING DEVELOPMENT APPLICATIONS AND REPEALING
RESOLUTION NO. 90-11-6-1
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Request for Comparative Analysis:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that staff be directed to perform a comparative analysis of the overall fee structure
with other cities in the County with regard to deposits, hourly charges, overhead, etc. The report shall
be agendized for a future meeting for Council discussion.
2. APPEAL OF PLANNING COMMISSION ACTION OF NOVEMBER 24. 1992. REQUIRING TWO
LOTS BE COMBINED INTO ONE LOT WITH A LOT LINE ADJUSTMENT - CONDITIONAL
USE PERMIT 92.03 126212 CALLE ROBERTOI IROHEj 1460,701
Proposal:
Consideration of an appeal of the Planning Commission's action of November 24, 1992, which required
the applicant to secure a lot line adjustment to make one lot from two lots prior to the construction of
a tennis court.
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Applicant /Property Owner/Appellant:
Bob and Beth Rohe
26212 Calle Roberto
San Juan Capistrano, CA 92675
Written Communication: _
Report dated January 5, 1993, from the Planning Director, recommending that the hearing be continued
to the meeting of February 2, 1993, at the request of the appellant.
Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, closed the hearing with the right to reopen at any time.
Continuation of Hearing:
It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and
unanimously carried that the hearing be continued to the meeting of February 2, 1993.
3. TEMPORARY STREET CLOSURES - FOLLOW THE SWALLOW RUN (CITY -SPONSORED 10K
RUN AND 5K RUN/STRIDE) - SATURDAY. APRIL 3. 1993 (150.60)
Proposal:
Consideration of temporary street closures within the City between the hours of 5:30 a.m. to 11:00 a.m.
to accommodate the Follow the Swallow 10K Run, 5K Run/Stride, and the Children's 1 -Mile Fun Run
events on Saturday, April 3, 1993. Run events are scheduled to begin at 7:30 a.m.
Written Communication:
Report dated January 5, 1993, from the Director of Community Services, summarizing the schedule of
events, listing the streets and intersections affected, and providing a map of the courses.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Pat Grinnell, 26000 Avenida Aeropuerto, expressed concern that she would be unable to travel
to work that morning because of the street closures.
There being no further input, the hearing was declared closed with the right to reopen at any time
Approval of Street Closures:
It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and
unanimously carried that the street closures for the IOK, 5K Run/Stride, and Children's 1 -Mile Fun Run
events on April 3, 1993, be approved.
Council recessed at 8:10 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 8:11 p.m.
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ADMINISTRATIVE TTEMS
CITY CLERK
1. REFERENDUM OF ORDINANCE NO. 715, MOBILE HOME VACANCY CONTROL -
CALLING ELECTION (630.20)
Written Communications:
(1) Report dated January 5, 1993, from the City Clerk, recommending that, pursuant to City
Council direction on December 15, 1992, either a special election be called for April 13, 1993,
and funds in the amount of $30,000 be authorized for such election; or, that a special election
be called some time after the start of the 1993-94 fiscal year to decide the issue of mobile home
vacancy control. An amended Resolution was included adding the wording, "... once during
any twelve-month period..:' to the ballot wording.
(2) Letter dated January 5, 1993, from Lynn Muller -Adkins, 27641 Paseo La Ronda, in opposition
to holding a special election prior to November 1994 because of the City's financial constraints.
Ms. Johnson made an oral presentation, noting that to date no contributions had been received toward
funding a special election. The following persons requested to speak on the matter:
(1) Barbara Weeks, 34202 Del Obispo Street, Space 37, requested that a special election be called
as soon as possible; that the mobile home park owners should also contribute to election costs;
and, that a fiscal impact report be prepared. She submitted a check in the amount of $25 for
the special election.
(2) Toni Williams, 26000 Avenida Aeropuerto, Space 57, noted the financial hardship caused to
people living on fixed incomes and supported holding a special election be held as soon as
possible.
(3) Pat Grinnell, 26000 Avenida Aeropuerto, Space 24, spoke in favor of calling a special election
and noted that any increases granted by Social Security are spent on rent increases. She felt
that mobile home residents should be entitled to share in park ownership. She presented a
document dated February 3, 1988, entitled "Life After Death,' which addressed the potential
religious consequences in deciding this matter.
(4) David Swerdlin, 26172 Via De Toledo, requested that a special election be held in April 1993
to avoid politicizing the issue. He felt that the issue is a Citywide issue on affordable housing
and not just a mobile home park issue and that the park residents or park owners should not
be required to help finance the election.
(5) Gerald Gaffney, 32302 Alipaz Street, Space 282, concurred with the previous statements. He
noted that those in opposition to vacancy control have lost every legal challenge they have made
in this matter and have misrepresented the issue to residents. He requested that the special
election be held as soon as possible and suggested that the park owners be required to finance
the entire cost of the election if vacancy control is upheld and residents' contributions refunded.
(6) Keith Casenhiser, 725 Brea Canyon Road, Suite 6, Walnut, CA 91789, manager/agent for San
Juan Mobile Estates, spoke in opposition to a special election because he felt the existing
ordinance contained adequate protection for vacancy control, in that rent cannot be raised
higher than the Consumer Price Index. He stated that park owners should be able to charge
fair market rates for the spaces.
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(7) Bill Talley, 500 North State College, Orange, spoke in opposition to calling a special election
and requested that the vacancy control ordinance be repealed. He felt that the ordinance would
benefit oltly a small portion of the community and would expose the City to needless liability
on the issue of regulatory taking. He stated that stricter vacancy controls would penalize those
moving into a coach and suggested that the funds to hold a special election be used instead for
community services.
(8) Stephen Murphy, 30251 Via Festive, stated that the City should not spend money for a special
election in April 1993 when it could be held at a later date for much less money.
(9) Albert Simmons, 32302 Alipaz, Space 135, requested that the special election be held April 13,
1993. He disagreed that the election would benefit only a small portion of the community and
cited that mobile home residents represented about 10% of the City's total population and 28%
of the City's registered voters. He submitted three corporate checks totaling $3,500 from the
following mobile home parks to be used for the special election only if it is held on April 13,
1993: a) $1,000 from the Capistrano Valley Mobile Home Estates Association, Inc., b) $500
from the Capistrano Terrace Mobile Homeowners Association, Inc., and c) $2,000 from the San
Juan Mobile Home Estates Residents Association, Inc.
Council Comments:
Council Member Nash clarified that it was never the intent of the Council to require the mobile home
residents to pay for the special election; the offer was made to the Council by mobile home park
residents at the December 15, 1992, meeting. Council Member Hausdorfer expressed concern regarding
the insufficiency of City funds to pay for the special election. He suggested that the residents not pay
anything at this time and that the election be held on a regular election date (June 1994) to minimize
the expenditure of funds. Council Member Campbell felt that the Council should stand behind the
ordinance and hold the special election as soon as possible to resolve the issue. Council Member
Vasquez recommended that the special election be held the first date in July 1993 at the beginning of
the next fiscal year because of financial considerations. He suggested that mobile home residents use
their contributions to fund their campaign instead of the special election. Council Members Campbell
and Nash preferred that the special election be held as soon as possible. Mayor Jones concurred and
expressed appreciation for the money contributed by the mobile home residents.
Resolution Callingfor or Special Election:
It was moved by Council Member Campbell, seconded by Council Member Nash, that the following
Resolution be adopted calling for a special election on April 13, 1993:
RESOLUTION NO. 93-1-5-4. CALLING SPECIAL ELECTION FOR APRIL 13.
1993 - ORDINANCE NO. 715 REFERENDUM (MOBILE HOME VACANCY
CONTROL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY,
APRIL 13, 1993, FOR THE SUBMISSION TO THE QUALIFIED VOTERS AN
ORDINANCE RELATING TO MOBILE HOME VACANCY CONTROL
(ORDINANCE NO. 715)
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Nash, Vasquez, and Mayor Jones
NOES: Council Member Hausdorfer
ABSENT: None
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Resolution Requesting County Services:
It was moved by Council Member Campbell, seconded by Council Member Nash, that the following
Resolution be adopted requesting County services for the special election on April 13, 1993:
RESOLUTION NO. 93-1-5-5 ORDINANCE NO. 715 REFERENDUM MOBILE
HOME VACANCY CONTROL - REQUESTING COUNTY SERVICES (APRIL
13. 1993. SPECIAL ELECTION) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE
ORANGE COUNTY BOARD OF SUPERVISORS TO RENDER SPECIFIED
SERVICES TO THE CITY RELATING TO THE SPECIAL MUNICIPAL
ELECTION OF SAID CITY TO BE HELD APRIL 13, 1993
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Nash, Vasquez, and Mayor Jones
NOES: Council Member Hausdorfer
ABSENT: None
The transfer of $30,000 from general fund reserves to election account No. 01-62127-4143 was authorized
for the special election.
2. REFERENDUM OF ORDINANCE NO, 715. MOBILE HOME VACANCY CONTROL -
RESOLUTIONS SETTING LEGISLATIVE BODY PRIORITY FOR FILING ARGUMENTS AND
AUTHORIZING REBUTTAL ARGUMENTS (630.20)
Written Communication:
Report dated January 5, 1993, from the City Clerk, advising that Council had previously determined that
rebuttal arguments would be allowed and that the City Attorney would prepare an impartial analysis.
The report forwarded a resolution to allow rebuttal arguments and a resolution giving the City Council
first priority in filing an argument, advising that the resolution should be adopted if Council Members
wished to file an argument. The following deadlines were established: a) for the filing of primary
arguments, no later than 5:00 p.m., January 15, 1993; b) for the filing of rebuttal arguments, no later
than 5:00 p.m., January 25, 1993.
Mr. Denhalter advised that the Council had the option of remaining neutral and allowing the arguments
in favor of the ordinance to be written by other parties. Mayor Jones suggested, and Council Member
Hausdorfer concurred, that the mobile home residents who are most affected by the ordinance write
the argument in favor of it, with legal review by the City Attorney. Council Member Vasquez felt that
the endorsement of the ordinance on the ballot would be of value in the election.
Resolution Giving the City Council Priority in Filing the Argument in Favor
of the Ordinance and Authorizing an Impartial Analysis by the City Attorney:
It was moved by Council Member Vasquez, seconded by Council Member Campbell, that the following
Resolution be adopted:
RESOLUTION NO 93-1.5-6 SETTING LEGISLATIVE BODY PRIORITY FOR
FILING ARGUMENTS AND DIRECTING CITY ATTORNEY TO PREPARE
IMPARTIAL ANALYSIS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING LEGISLATIVE
BODY PRIORITY FOR FILING WRITTENARGUMENTS REGARDING A CITY
MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
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The motion carried by the following roll call vote:
AYES: ` Council Members Campbell, Nash, and Vasquez
NOES: Council Member Hausdorfer and Mayor Jones
Resolution Authorizing the Submittal of Rebuttal Arguments:
It was moved by Council Member Vasquez, seconded by Council Member Campbell, that the following
Resolution be adopted:
RESOLUTION NO. 93-1-5-7. REBUTTAL ARGUMENTS - APRIL 13, 1993,
SPECIAL ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED
AT MUNICIPAL ELECTIONS
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Nash, and Vasquez
NOES: Council Member Hausdorfer and Mayor Jones
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:06 p.m. and reconvened at 9:15 p.m.
CONTINUATION OF CITY CLERK ITEM REGARDING PRIORITY FOR FILING ARGUMENTS
Appointment of Council Ad Hoc Committee:
Mayor Jones appointed Council Members Nash and Vasquez to formulate the Council's argument in
favor of the ordinance, with input to be provided by three representatives of the mobile home parks and
reviewed by the City Attorney. Council Members Nash and Vasquez will also prepare the rebuttal to
the argument opposing adoption of Ordinance No. 715.
DIRECTOR OF ADMINISTRATIVE SERVICES
REOUEST FOR TAXI CAB PERMIT - KELLY CABS (940.70)
Written Communication:
Report dated January 5, 1993, from the Interim Director of Administrative Services, recommending that
Kelly Cabs, located at 2408 Camino Bucanero, San Clemente, be granted a Taxi Cab Permit to operate
two cabs in the City, based on findings from Section 4-5.03 of the Municipal Code.
Grantiniz of Taxi Cab Permit:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the findings be made from Section 4-5.03 of the Municipal Code to grant Kelly Cabs a Taxi
Cab Permit in the City.
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DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. RESOLUTION SETTING FEES FOR RECEIPT PROCESSING AND INSPECTION FOR
"NO SKATEBOARDING" AREAS (590.10)
Written Communication:
Report dated January 5, 1993, from the Director of Engineering and Building, recommending the
establishment of a $100 application processing fee and a $25 inspection fee for applications for "No
Skateboarding" areas.
Resolution Establishing Fees for 'No Skateboarding" Applications:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO 93-1-5-8. ESTABLISHING FEES FOR PROCESSING "NO
SKATEBOARDING" APPLICATIONS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING FEES FOR RECEIPT, PROCESSING, AND INSPECTION OF
APPLICATIONS AND PETITIONS FOR "NO SKATEBOARDING" AREAS
PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. RESOLUTION ESTABLISHING 20 -MINUTE PARKING ZONE AT
32981 CALLE PERFECTO (570.30)
Written Communication:
Report dated January 5, 1993, from the Director of Engineering and Building, recommending that the
request by White Cap Wholesale, 32981 Calle Perfecto, be approved to establish a 20 -minute parking
zone in front of 32981 Calle Perfecto, with White Cap Wholesale to install and maintain the necessary
sign and pavement marketings.
Resolution Establishing 20 -Minute Parking Zone:
It was moved by Council Member Hausdorfer,
following Resolution be adopted:
seconded by Council Member Vasquez, that the
RESSOLUTION NO. 93-1-5-9. ESTABLISHING A TWENTY -MINUTE PARKING
ZONE, 32981 CALLE PERFECTO - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 90-7-17-9, A TWENTY -MINUTE PARKING ZONE TO
INCLUDE THE FRONT OF 32981 CALLE PERFECTO
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The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor .cones
NOES: None
ABSENT: None
1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE ESTABLISHING PROVISIONS
TO COMPLY WITH ASSEMBLY BILL 325, WATER CONSERVATION
LANDSCAPE STANDARDS (420.30) (ADOPTION)
Written Communication:
Report dated January 5, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of December 15, 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 Council Member Nash, seconded by Council
Member Campbell, that the following Ordinance be adopted:
ORDINANCE NO. 722, ESTABLISHING WATER CONSERVATION
LANDSCAPE STANDARDS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING WATER CONSERVATION
LANDSCAPE STANDARDS IN ACCORDANCE WITH ASSEMBLY BILL 326
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
COUNCELMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (500.50)
Council Member Campbell noted her attendance at the meeting on January 5, 1993, and
recommended that one Council Member be appointed as the City's representatives for both the
Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies and that the other _
serve as the alternate. It was a consensus of the Council that Council Members Campbell and
Nash meet to decide who will serve as the City's representative and who will serve as the
alternate.
b. League of California Cities (140.20)
Council Member Hausdorfer noted the meeting scheduled for January 14, 1993, and
encouraged attendance by all Council Members.
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205
COUNCIL COMMENTS
1. SOLID WASTE COLLECTION/RECYCLING (810.60)
Council Member Hausdorfer recommended that the City be more proactive with regard to issues
involving solid waste collection and recycling. He suggested that staff meet with persons who have
recently expressed concerns regarding this issue at Council meetings to determine whether the City's
Municipal Waste Ordinance needs to be refined to correct any inconsistencies.
2. FEES AND DEPOSITS (420.20)
Council Member Campbell noted that the development review process has become costly and time
consuming for many people and suggested that staff review this issue and provide recommendations,
including whether some City commissions could be combined to streamline the process. Council
Member Vasquez concurred that applications should be processed more quickly and suggested that staff
track the amount of time it takes to process a simple development application. Council Member
Hausdorfer stated that a substantial amount of the cost is for commission staffing and suggested that
the board/commission structure be reviewed to consider combining some commissions, such as the
Parks and Recreation Commission and the Equestrian Commission. He noted that some boards and
commissions may no longer have any relevancy. Mayor Jones concurred and suggested that two
members be added to commissions that have been combined to improve efficiency and minimize costs.
Staff was directed to prepare an outline and strategy for the Council within two weeks to address
comments. Council Member Campbell requested that job descriptions for each board/commission be
provided.
3. MEETING WITH U.S. ATTORNEY GENERAL (610.25)
Council Member Campbell noted that she had a meeting scheduled for January 12, 1993, with the
President's transition team in Washington, D.C. to discuss continuing her work with the Justice
Department.
4. CATV FRANCHISE (1000.40)
Council Member Campbell stated that the McCracken Hill section of the City receives no TV cable
service and noted the difficulty she has had in trying to get Dimension Cable to respond to her phone
calls, particularly during the 1992 election campaign. Mr. Scarborough recommended that these issues
be addressed at the time public hearings are held with the Cable Board for the extension of the
franchise agreement with Dimension Cable and stated that the lack of service for McCracken Hill would
be brought up at that time.
5. SOLAG FRANCHISE (81030)
Council Member Vasquez requested that staff contact Solag to have the confiscated bins returned to
Madeline Arakelian of South Coast Refuse & Recycling.
6. GRAFFITI ABATEMENT (530.60)
Mayor Jones noticed a recent trend of graffiti being painted on trash bins, parked trucks, structures such
as telephone enclosures, etc. He felt that the matter may be getting out of control and encouraged
residents to call in sightings of graffiti. Mr. Scarborough stated he would involve the Associated Senior
Action Program (ASAP) to patrol the City.
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206
CLOSED SESSION
Council recessed to a Closed Session at 9:40 p.m. for discussion of litigation matters per Government Code
Section 54956.9(a) (Neerete v. Friess) and property negotiation per Government Code Section 54956.8 (property
at southeast corner of La Novia/Valle Road (Capistrano Terrace) and at Junipero Serra and Camino Capistrano
(Pearl Williams Estate), the City Clerk being excused therefrom, and reconvened at 11:00 p.m. _
Action Taken in Closed Session (640.30)
Council authorized defense for former City Council Member Kenneth E. Friess in the action entitled Ncerete
v. Friess by the law firm of Stradling, Yocca, Carlson & Rauth.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:00 p.m. to the next regular
meeting date of Tuesday, January 19, 1993, at 7:00 p.m. in the City Council Chamber.
ATTEST:
GIL JONES, MAYOR
Respectfully submitted,
CHERYL JOHNSON,
City Council Minutes -14- 1/5/93