93-0615_CC_Minutes_Regular Meeting3'71
JUNE 15, 19'93
REGULAR MEETING OF THE CITY COUNCII,
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 7:08 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Reverend Doran Tregarthen of St. Margaret of Scotland Episcopal Church.
ROLL CALL PRESENT: Gil Jones, Mayor
Collene 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; AI 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 Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried
that all Ordinances be read by title only.
ORAL COMMUNICATIONS (CITY COUNCILWOMMUNITY REDEVELOPMENT AGENCY)
1. OFF-SITE SIGN. AC 87-01 (PRICE CLUB) (410.60)
Lois Miller, Vice President of Planning for the Price Company, 4241 Jutland Drive, San Diego,
requested that the City Council reconsider their June 1, 1993, denial of an off-site sign for the proposed
car dealerships at the Price Club Plaza. She stated that the sign plans had been revised to delete all
previous exceptions to the Sign Ordinance but the off-site issue.
Motion to Consider Off -Agenda Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, to find that this
item was not available prior to publication of the Council agenda and consideration was necessary at
this time. The motion failed by the following vote:
AYES: Council Members Hausdorfer and Campbell
NOES: Council Members Nash, Vasquez, and Mayor Jones
ABSENT: None
Mayor Jones explained that the off-site location of the sign has always been the issue for him and
suggested that another location for the sign be considered by the applicant.
City Council Minutes -1- 6/15/93
3'72
2. BUSINESS COMMUNITY/ECONOMIC CONCERNS (470.10)
Tim Bolen, owner of Bolen Publishing, 31682-B EI Camino Real, noted that he publishes an annual list
of business licenses in San Juan Capistrano and that list has shown a marked decline in the number of
businesses in the City. He expressed concern regarding the possible reasons for this decline and its
future impacts on the City. —
3. MEDIA (150.90)
Evan Henerson, reporter for the Daily Sun -Post, noted that he would no longer be covering news from
San Juan Capistrano as the Sun -Post would be merging with The San Clemente News on July 5, 1993,
to cover San Clemente news only. He commended the City Council and staff and felt that San Juan
Capistrano deserved more news coverage on a daily basis. Council Member Nash commended
Mr. Henerson on his competence, objectivity, understanding of issues, and impartial judgments.
There was a consensus of the Council that a letter of recommendation and commendation be sent to
the Daily Sun -Post, to be signed by any Council Members wishing to do so.
CONSENT CALENDAR
It was moved by Council Member Council Member Hausdorfer, seconded by Council Member Campbell, 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. RECEIVE AND FILE CASH BALANCES BY FUND FOR APRIL 1993 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month of April 1993 in the total amount
of $302,535.05 was received and filed.
2. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF
MAY 31. 1993 (350.30)
The City Treasurer's Report of Investments as of May 31, 1993, in the total amount of $19,505,613.14
was received and filed.
3. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated June 15, 1993, from the Planning Director, advising that four new development
applications were received by the City since the last report of May 18, 1993, was received and filed.
4. RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT - PREVENTATIVE
STREET MAINTENANCE 1992-93. DEL OBISPO STREET - CAMINO DEL AVION TO
PASEO DE IA PAZ (ALL AMERICAN ASPHALT) (600.30)
As set forth in the Report dated June 15, 1993, from the Director of Engineering and Building, the
following Resolution was adopted declaring the work for Preventative Street Maintenance 1992-93 to
City Council Minutes -2- 6/15/93
P` 2
be complete, consisting of the asphalt concrete overlay of Del Obispo Street from Camino Del Avion
to Paseo de la Paz:
RESOLUTION NO 93-6-15-1 COMPLETION OF PREVENTATIVE STREET
MAINTENANCE 1992-1993 (ALLAMERICAN 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 PREVENTATIVE STREET MAINTENANCE 1992-1993
The Resolution accepted the work as complete in the amount of $92,590.34 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 $9,259.03 thirty-five (35) days after recording the Notice of Completion.
5. AWARD OF CONTRACT - TRAFFIC SIGNAL INSTALLATION AT CAMINO
CAPISTRANO/JUNIPERO SERRA ROAD (SUPERIOR SIGNAL SERVICE. IN_C.)
(600.30)
As set forth in the Report dated June 15, 1993, from the Director of Engineering and Building, the
contract for the construction improvements at Camino Capistrano/Junipero Serra Road consisting of
the installation of traffic signal/pedestrian signals was awarded to the lowest responsible bidder,
Superior Signal Service Co., in the amount of $55,648. All other bids were rejected. The Mayor and
City Clerk were authorized to execute the contract on behalf of the City.
6. AWARD OF CONTRACT - REPLACEMENT OF PLAYGROUND EQUIPMENT. COOK
PARK&A NOVIA. COOK PARK/DEL CAMPO, AND FOUR OAKS PARK (ORTCO.
INCA (600.30)
As set forth in the Report dated June 15, 1993, from the Director of Community Services, the contract
for the replacement of playground equipment at Cook Park/La Novia, Cook Park/Del Campo, and Four
Oaks Park was awarded to the lowest responsible bidder, ORTCO, Inc., in the amount of $61,633. All
other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf
of the City.
7. RESOLUTION CERTIFYING THE CITY'S PAVEMENT MANAGEMENT PROGRAM
AND AUTHORIZATION TO SUBMIT MEASURE M ELIGIBILITY DOCUMENTS
(820.25)
As set forth in the Report dated June 15, 1993, from the Director of Engineering and Building, the
following Resolution was adopted certifying the City's Pavement Management Program as part of the
procedure for local jurisdictions to maintain the City's annual eligibility for Measure M transportation
improvement funds:
RESOLUTION NO. 93-6-15-2. CERTIFYING EXISTENCE OF PAVEMENT
MANAGEMENT PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE
EXISTENCE OF A PAVEMENT MANAGEMENT PROGRAM
Staff was authorized to submit the Measure M eligibility package to the Orange County Transportation
Authority by June 30, 1993.
City Council Minutes -3- 6/15/93
373
8. APPROVAL OF LICENSE AGREEMENT FOR THE CONSTRUCTION OF PRIVATE
I_MPROVEMENTS IN A CITY STORM DRAIN EASEMENT (27112 HIGHLAND DRIVE/
POCHIRO WSKI)_(600,30)
As set forth in the Report dated June 15, 1993, from the Director of Engineering and Building, the
License Agreement between the City and William Pochirowski was approved allowing a portion of the _
improvements for the property at 27112 Highland Drive (including a small portion of a wall, entry gates,
and colored concrete driveway) to be constructed within a City storm drain easement. The Mayor and
City Clerk were authorized to execute the License Agreement, and the City Clerk was authorized to
forward the Agreement to the County Recorder.
9. APPROVAL OF CONSTRUCTION MODIFICATION NO, 1 TO FUNDING CONTRACT NO,
750749 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR TASKS
RELATED TO THE SAN JUAN CREEK RAILROAD BRIDGE AND TRACK REALIGNMENT
(CALTRANS) (600.50)
As set forth in the Report dated June 15, 1993, from the Director of Engineering and Building, Contract
Modification No. 1 to Funding Contract No. 750749 with Caltrans was approved. The Modification
reduces the funding for environmental and right-of-way acquisition consultants, increases the funding
for City administrative costs, introduces funding for utility relocation design, retains the original funding
for design contingency and right-of-way acquisition, and extends the expiration date to March 31, 1994.
The Mayor was authorized to execute the agreement on behalf of the City.
10. TERMINATION OF JOINT POWERS AGREEMENT - CAPISTRANO VALLEY WASTE WATER
AUTHORITY (600.50)
As set forth in the Report dated June 15, 1993, from the Director of Engineering and Building, the
Agreement for Dissolution and Termination of Joint Exercise of Power Agreement Creating Capistrano
Valley Wastewater Authority was approved. The Mayor was authorized to execute the document.
11. DENIAL OF CLAIM - PROPERTY DAMAGE (STEVEN AND MARY KUHN) (170.10)
The claim received by the City on May 12, 1993, from the Law Offices of Steven R. Kuhn, on behalf
of Steven R. Kuhn and Mary Lois Kuhn, in the amount of $120,000 for property damage, was denied,
as set forth in the Report dated June 15, 1993, from the City Attorney.
The following items on the Consent Calendar were considered separately, as requested by Council Member
Vasquez.
,113 U U Zi17-1 il;aty Y llt�Z�I Yt!
a. Adjourned Regular Meeting of May 18, 1993
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and
unanimously carried that the Minutes of the Adjourned Regular Meeting of May 18, 1993, be
approved as submitted.
b. Regular Meeting of May 18, 1993
Council Member Vasquez noted that he and Council Member Nash were present for the public
vote following the Closed Session regarding the Management Incentive Pay for the former
Assistant City Manager position.
City Council Minutes -4- 6/15/93
3'74
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that the Minutes of the Regular Meeting of May 18, 1993, be approved as
modified to indicate all Members were present following the Closed Session on the
Management Incentive Pay for the former Assistant City Manager position.
APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES
a. Adjourned Regular Meeting of May 18, 1993
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and
unanimously carried that the Minutes of the Adjourned Regular Meeting of May 18, 1993, be
approved as submitted.
b. Regular Meeting of May 18, 1993
Council Member Vasquez noted that he and Council Member Nash were present for the public
vote following the Closed Session on the Settlement Agreement with Oliver McMillan regarding
the Historic Town Center.
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that the Minutes of the Regular Meeting of May 18, 1993, be approved as
modified to indicate that all Members were present following the Closed Session on the
Settlement Agreement with Oliver McMillan regarding the Historic Town Center.
The following items were removed from the Consent Calendar by Mayor Jones.
AWARD OF CONTRACT - TRAFFIC SIGNAL INTERCONNECT IMPROVEMENTS TO
DEL OBISPO STREET FROM ALIPAZ STREET TO PASEO MERCADO DE CAPISTRANO
(SIGNAL MAINTENANCE. INC.) (600.30)
With the consensus of the Council, Mayor Jones directed that this item be rescheduled for the meeting
of July 6, 1993, as requested by staff.
RESOLUTION. ACCEPTANCE OF HIKING %EOUESTRIAN TRAIL EASEMENT DEED
AND LAND USE RESTRICTION, ARCHITECTURAL CONTROL 8&5
(CREEKSIDE EQUESTRIAN CENTER/GATES) (670.501
With the consensus of the Council, Mayor Jones directed that this item be rescheduled for the meeting
of July 6, 1993, as requested by staff.
PUBLIC HEARINGS
1. REQUEST FOR A 24 -MONTH TIME EXTENSION OF TENTATIVE PARCEL MAP 89-435
FOR PROPERTY LOCATED SOUTH OF THE INTERSECTION OF VIA ESCOLAR
(RESCO) (CONTINUED FROM JUNE 1. 19931(420.70)
Pr=sal
Consideration of a request for a 24 -month time extension of approvals given for Vesting Tentative
Parcel Map 89-435, a 20 -parcel subdivision of approximately 15 acres generally located east of Rancho
Viejo Road and 180 feet south of Via Escolar. The public hearing was continued from the meeting of
June 1, 1993, to allow staff to research the effects of the future realignment of Rancho Viejo Road on
this subdivision.
City Council Minutes -5- 6/15/93
3'75
Applicant
Ronald Soldering
RESCO Development
23052 Alcalde, Suite B
Laguna Hills, CA 92653
Written Communication:
Report dated June 15, 1993, from the Planning Director, recommending that a two-year time extension
be approved, subject to all previous conditions and an additional condition requiring that the applicant
establish a Traffic Management Association prior to approval of the final map.
Mr. Tomlinson made an oral presentation. He noted that although the parcel would be impacted by
the San Joaquin Hills Transportation Corridor, the plans for which are still being evaluated, staff
recommended that the map proceed to avoid placing a financial hardship on the current property owner.
Council Member Campbell inquired whether a one-year extension should be considered to allow the
applicant to modify his plans to accommodate the alignment of the corridor. Mr. Tomlinson noted that
the applicant's present parcel map incorporates the alignment presented by the Corridor Agency two
years ago. He explained that although the City has no legal obligation to inform the applicant of
changes to the corridor alignment, staff is notifying him of any designs being proposed by the
Transportation Corridor Agency (TCA).
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
person responded:
(1) David Neisch, representing RESCO Development, spoke in favor of the staff recommendation
and the conditions proposed by staff. He stated he was fully aware of the latest proposals by
the TCA and understood that it could impact his project in the future.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Mayor Jones advised that despite the proximity of his property to the subject property, he would vote
on the matter since he felt there was no conflict of interest.
Adoption of Resolution AvprovinQ Two -Year Time Extension for VTPM 89-435:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the following Resolution be adopted extending VTPM to April 16, 1995, subject to all
previous conditions and an additional condition requiring that the applicant establish a Traffic
Management Association prior to approval of the final map:
RESOLUTION NO, 93-6-15-3. APPROVING TWO-YEAR EXTENSION OF
TIME - TENTATIVE PARCEL MAP 89-435 (RESCO DEVELOPMENT
COMPANY/CAPISTRANO GATEWA)) - A RESOLUTION OF THE CITY _
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLYAPPRO VING TWO-YEARTIME EXTENSION -TENTATIVE
PARCEL MAP 89-435 (CAPISTRANO GATEWAY/RESCO DEVELOPMENT
COMPANY)
City Council Minutes 6 6/15/93
3'76
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. CONSIDERATION OF APPLICATION TO ESTABLISH A GATED ENTRY
NEIGHBORHOOD. TRACTS 12633 AND 13027 (WARMINGTON HOMES)
AND TRACT 13026 (RANCHO SAN JUAN ESTATES) (820.90)
Pr :
Consideration of a request from Warmington Homes and the Rancho San Juan Homeowners
Association to establish a gated neighborhood. An entry statement and gated facility are proposed at
the main entrance to Warmington Homes and Rancho San Juan on Camino Chico off of San Juan
Creek Road, and two accessory gates are proposed for ingress and egress of residents only on Via Los
Arboles at Camino Lacouague and on Via Buena Vista at Camino Lacouage.
Applicants:
Warmington Homes
Rancho San Juan Homeowners Association
Written Communication:
Report dated June 15, 1993, from the Director of Engineering and Building, summarizing the design
and access standards for the gated facility, neighborhood support obtained, utility coordination, and
financial plan. Staff recommended approval.
Mr. Huber made an oral presentation and noted that all streets in the development are privately owned
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) John Greiner, President of the Rancho San Juan Homeowners Association, 28671 Paseo Bahia,
spoke in favor of the proposal and noted that the majority of the residents felt that the gates
would help eliminate some of the transient population and would increase safety for children
playing in the streets.
(2) L. J. Edgcomb, representing Warmington Homes, spoke in support of the proposal.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Approval of Application for Gated Neighborhood:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the application by Warmington Homes and the Rancho San Juan Homeowners Association
be approved to: 1) establish a gated neighborhood, and 2) submit plans to construct a gated entry at
the main entrance on Camino Chico at San Juan Creek Road and two secondary gates at Via Los
Arboles and Via Buena Vista.
City Council Minutes -7- 6/15/93
3'7'7
3. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
REVIEW OF THE FISCAL BUDGET FOR THE FIVE YEARS BEGINNING
JULY 1. 1993, AND ENDING JUNE 30. 1998 - PRESENTATION OF REQUESTS
FROM COMMUNITY ORGANIZATIONS (CONTINUED FROM JUNE 8. 1993) (,330.20)
Proposal:
Continuation of the public hearing from June 8, 1993, to consider funding requests totaling $115,83430
from thirteen community organizations for inclusion in the 1993-94 budget.
Written Communications:
(1) Report dated June 15, 1993, from the City Manager, forwarding the funding requests and noting
that $41,000 was allocated in the 1993-94 budget to assist community organizations.
(2) Letter dated June 15, 1993, from Julie Krill of the CSP Youth Shelter Advisory Board,
requesting funding in the amount of $2,000 for the continuation of their program to assist South
County youths in crisis.
Mr. Scarborough explained that the City was incurring the largest revenue loss in the City's history and
noted that the State would receive approximately 27% of the City's property taxes. However, the City
was able to reduce its overall expenses by 12.7% and still implement new services and expand police
services. He expressed appreciation to City staff for their assistance in reducing expenses and for the
quality of leadership from the department heads in setting examples for their employees.
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons spoke in support of their funding requests:
(1) Connie Kindig, Vice President of Finance for the San Juan Capistrano Chamber of Commerce.
(2) Carol Quintana, representing the Adult Day Health Care Center of South Orange County.
(3) B. J. Scott, President of the South Orange County Community Theater.
(4) Mike Ferguson, representing the Mental Health Association of Orange County. He noted that
the funds would be used to hire a full-time outreach worker who would dedicate five hours per
week solely for San Juan Capistrano residents.
(5) Tony Forster, 25951 Calle Ricardo, on behalf of the Boys and Girls Club of Capistrano Valley.
(6) Bob Jones, representing Once Upon a Story. He noted that if the professional storyteller, Jim
Cogan, was funded, Mr. Cogan would agree to provide a docent training workshop free to the
City.
(7) Lee Steelman, President of the South Orange County Community Services Council.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Receipt of Information and Aonointment of Subcommittee:
With the consensus of Council, Mayor Jones directed that the funding requests from community
organizations be received and that Council Members Campbell and Vasquez be appointed to work with
staff on recommendations for funding of community organizations, not to exceed the $41,000 allocated
in the 1993-94 budget, to be brought back for Council consideration at a later date.
City Council Minutes -8- 6/15/93
Continuation of Public Hearin¢:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously
carried that the hearing for the entire 1993-94 fiscal year budget be continued to the next regular
meeting of July 6, 1993, with no additional meetings to be held in between.
REQu_ AND RECONVENE
Council recessed at 8:03 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 8:05 p.m.
ADMIlVISTRATIVE ITEMS
CITY MANAGER
1. PROMISSORY NOTE WITH SWALLOW'S FOUNDATION FOR ACQUISITION OF
HISTORIC COMBS HOUSE (CONTINUED FROM JUNE 1. 1993) (910.50)
Mayor Jones stated that he would abstain in this matter because of a potential conflict of interest due to the
proximity of this property to his residence. Mayor pro tem Campbell presided.
Written Communication:
Report dated June 1, 1993, from the City Manager, recommending that a Promissory Note for an
interest-bearing loan in the amount of $35,000 be approved, subject to terms, to assist the Foundation
in rehabilitating the Combs' House. The Foundation's original request for a one-year, interest-free loan
was denied by the Council at the meeting of April 20, 1993.
Mayor pro tem Campbell noted that staff requested that the item be continued because the Foundation
and property owners were renegotiating their agreement.
Continuation of Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the item be
continued to a future meeting. The motion carried with Council Member Vasquez and Mayor Jones
abstaining.
Mayor Jones resumed his duties.
2. SEVENTH AMENDMENT TO FIVE-YEAR LAW ENFORCEMENT
SERVICES AGREEMENT FOR FISCAL YEAR 1993-94 (600,50)
Written Communication:
Report dated June 15, 1993, from the City Manager, recommending that the Seventh Amendment to
the five-year Law Enforcement Services Agreement be approved for the continuation of Sheriffs
Department services to the City during the 1993-94 fiscal year. No reduction in staffing or support was
proposed, and the City Manager requested Council consideration of funding for a specialized
enforcement unit under the proposed amendment.
Approval of Seventh Amendment to Agreement:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that the Seventh Amendment to Agreement between the City of San Juan
Capistrano and the County of Orange be approved in the amount of $2,240,239 providing for law
enforcement services during the 1993-94 fiscal year.
Council Member Campbell noted complaints she has received from residents regarding the lack of good
telephone communication between residents and the Sheriffs Department dispatching center. Lt. Dan
City Council Minutes -9- 6/15/93
379
Martini felt that problems have resulted from an overload of calls from San Juan Capistrano to only one
dispatcher located in Santa Ana and stated that the Sheriff's Department is considering contracting with
the City of San Clemente to coordinate dispatching on a more local level.
Motion to Encourage and Support Improvements for Dispatching:
It was moved by Council Member Campbell, seconded by Council Member Nash, and unanimously
carried that the City Council encourage and support efforts by the Sheriffs Department to improve
dispatch communications at the local level.
DIRECTIOR OF ADMINISTRATIVE SERVICES
1. LOCAL CABLE TV FRANCHISING AUTHORITY CERTIFICATION (1000.40)
Written Communications:
(1) Report dated June 15, 1993, from the Director of Administrative Services, recommending that
the City Manager be authorized to execute FCC Form 328 for the City to become certified to
regulate basic cable rates as part of the FCC Rate Regulation Report and Order.
(2) Memorandum dated June 14, 1993, from Mary Laub, Management Assistant, noting the FCC's
deferment on the effective date of the rate regulation to October 1, 1993, and recommending
that the City not rile for certification at this time.
Ms. Pendleton recommended that this item be rescheduled to a future meeting because of the extension
in the rate regulation effective date to October 1, 1993, and the need to interpret the new guidelines.
Rescheduling of Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that this item be rescheduled for a future date to be determined by staff.
1 p71:7;CM rx'x" Q IF\21.11.
1. 1993 ANNUAL DEVELOPMENT MONITORING AND PHASING REPORT
(MEASURE M) (820,25)
Written Communication:
Report dated June 15, 1993, from the Planning Director, recommending that the 1993 Annual
Development Phasing and Monitoring Report be accepted in compliance with Measure M requirements
for local governments.
Mr. Tomlinson made an oral presentation.
Acceotance of 1993 Annual Development Monitoring and Phasing Rewrt:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the 1993 Annual Development Phasing and Monitoring Report be accepted in compliance
with Measure M requirements for local governments. Staff was directed to forward the Report to the
Orange County Transportation Authority.
2. RESOLUTION OF SUPPORT - CALIFORNIA PARKS AND WILDLIFE INITIATIVE OF 1994
(STATEWIDE BOND ISSUE) (920.10)
Written Communication:
Report dated June 15, 1993, from the Planning Director, recommending the adoption of a resolution
in support of the draft California Parks and Wildlife Initiative, a $1.9 billion bond measure for the
enhancement of park land, wildlife habitat, agricultural lands, and preservation of important historical
City Council Minutes -10- 6/15/93
and cultural sites, for consideration on the June 1994 ballot. Included in the initiative is a request for
$3S million in funding for the preservation of significant adobe foundations in San Juan Capistrano,
including the Blas Aguilar Adobe, as requested by the Friends of Historic San Juan Capistrano.
Mr. Tomlinson made an oral presentation.
Council Member Campbell expressed concern with the Council supporting an initiative without fully
understanding how the funds would be used and requested a copy of the initiative. Mr. Tomlinson
advised that at this time, the City's support would be used to collect signatures on petitions to have the
initiative placed on the ballot. He advised information was available on projects outlined in the initiative
and could be provided to interested Council Members. Any proposed tax increases would be decided
upon by the voters. Mayor Jones suggested that copies of an article which appeared in The Los Angeles
Times be distributed to the Council explaining the initiative, which included information on how much
each community would receive from the initiative.
David Swerdlin, 26172 Via De Toledo, explained that the initiative was proposed by the California
Conservancy and grass roots organizations to retire the State's current $2.8 billion bond debt for parks
and recreation projects and replace it with this $1.9 billion bond; that in actuality there would be no
increase in taxes. He stated Orange County could expect to receive $98 million to fund various projects,
such as the Bolsa Chica wetlands, Dana Point headlands, Laguna Laurel acquisition, Upper Newport
Bay, etc., including $3.5 million to assist in the preservation of cultural and archaeological resources in
the City's downtown area. He noted that San Juan Capistrano could receive as much as $100,000 in
additional funds that could be used for programs such as gang prevention. In response to an inquiry
by Mayor Jones, he indicated that the funding could not be used for refurbishing adobes in the Los Rios
Historic District.
Mayor Jones felt that the funding would help to get the Historic Town Center plans going and would
not necessitate a change in the tax base. He noted that he reviewed the initiative with David Belardes
and signed the petition. Council Members Nash and Vasquez expressed appreciation to the Friends of
Historic San Juan for their efforts in getting the City included in the initiative's funding.
Adoption of Resolution in SuMwA of the California Parks and Wildlife Initiative of 1994:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO, 93-6-154. ENDORSING CALIFORNIA PARKS AND
WILDLIFE INITIATIVE 1994 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENDORSING THE
CALIFORNIA PARKS AND WILDLIFE INITIATIVE 1994
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Council Member Campbell requested that future agenda items requesting that Council take a position
on an Initiative also include a full copy of the Initiative.
City Council Minutes 11- 6/15/93
381
1. PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS -
SAN JUAN CAPISTRANO RAILROAD PASSENGER LOADING AND WAITING
PLATFORM. SOUTH (CONTINUED FROM JUNE 1. 1993 (600.30)
Mayor Jones left the Chamber due to a potential conflict of interest relating to the proximity of his residence
to this project, and Mayor pro tem Campbell presided.
Written Communications:
(1) Report dated June 15, 1993, from the Director of Engineering and Building, recommending that
the plans and specifications for the Railroad Passenger Loading and Waiting Platform south
of Verdugo Street be approved and that staff be authorized to receive bids.
(2) Memorandum dated June 15, 1993, from the Director of Engineering and Building, providing
an alternate recommendation for Council consideration, with conditions regarding the types of
trees to be planted, relocation of archaeological wall, and review of lighting design by the
Council.
Mr. Huber recommended alternate species of trees than those previously recommended staff to respond
to concerns expressed by Council Members regarding the proposed Liquidambar trees' ability to screen
the wall during their dormant period. He explained that staff was only recently informed of Metrolink's
lighting standards; and upon receipt of those standards, staff would modify the lighting design
accordingly and submit it to the Council for final approval.
Council Member Hausdorfer stated that the planning process for this project has been ongoing for a
long period of time and opposed delaying the project any further. He questioned why issues regarding
trees and lighting were not yet resolved. Council Member Nash explained that the Planning
Commission's original approval of the parking structure's lighting plan "got lost in the process" and felt
that the revised plan should be reviewed by the Design Review Commission and the Council. In
addition, she was concerned that the building would not be sufficiently screened year round by the
proposed deciduous trees, which would also require too much maintenance. She suggested that
Podocarpus be considered.
Mr. Scarborough explained that the project could still go to bid and proceed without final plans for the
fighting design, which could be addressed later. He noted that referring the landscaping and lighting
plans to the Design Review Commission would delay the process further, particularly if any appeals were
made to the City Council.
Council Member Hausdorfer recommended that the lighting plan be reviewed by the Los Rios Review
Committee and the Design Review Commission as well as the City Council to keep all interested parties
informed. Mr. Scarborough noted that review of the fighting plan would not hold up the project as it
could be addressed during construction.
Mayor Jones returned to the Chamber.
Council Member Campbell requested that staff consider screening of the metal utility housing for the
railroad signals because of its incompatibility with the historical character of the area. Mr. Scarborough
indicated that staff would provide a report back to the Council on this issue in the future.
Approval of Plans. Specifications. and Authorization to Receive Bids:
It was moved by Council Member Nash, seconded by Council Member Campbell, that the plans and
specifications for the Railroad Passenger Loading and Waiting Platform south of Verdugo Street be
approved and that staff be directed to:
City Council Minutes -12- 6/15/93
(1) Replace the Liquidambar and Red Iron Back Eucalyptus trees with Podocarpus.
(2) Continue planting of the Podocarpus up to the platform restroom/storage facility.
(3) Relocate the archaeological wall to the front of the planter area, and relocate or reduce the
number of trees in the two planter areas on either side of the restroom/storage facility.
(4) Return the lighting plan to the Design Review Commission and the City Council for approval.
Staff was authorized to receive bids. The motion carried with Council Member Vasquez and Mayor
Jones abstaining due to the proximity of their residences to this project.
Mayor Jones resumed his duties.
Lb1V_J:fO"$); • ZlI YYIa
1. RENEWAL OF CONTRACT FOR JANITORIAL SERVICES
(SADDLEBACK COMMUNITY ENTERPRISES) (600-30)
Written Communication:
Report dated June 15, 1993, from the Director of Public Lands and Facilities, recommending that the
formal bidding requirements be waived and that a two-year contract be approved with Saddleback
Community Enterprises for janitorial services at City facilities and park restrooms. The Report noted
that the initial six-month review period for these services concluded that the services were of a higher
quality and for less money than previously spent and allowed for the gainful employment of
developmentally disabled individuals.
Mr. Sievers made an oral presentation.
Council Member Campbell questioned why a two-year contract was proposed instead of a one-year
contract. Mr. Sievers explained that a longer contract would allow Saddleback Community Enterprises
to justify their program to the State and receive additional funding to continue the program. He noted
that the contract allows for termination of the contract with 30 days notice. Council Member
Hausdorfer commended the employees and expressed appreciation to staff on pursuing this program.
He encouraged other organizations to participate in this program, and Mayor Jones noted the pride
these employees have in their work.
Waiver of Formal Bidding Process and Approval of Two -Year Contract:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the formal bidding process be waived and that a two-year janitorial contract with Saddleback
Community Enterprises be approved for City park restrooms in the amount of 510,500 per year and City
buildings and facilities at $21,000 per year, with the option to renew for an additional two years. The
Mayor was authorized to execute the contract on behalf of the City.
DIRECTOR OF COMMUNITY SERVICES
1. CONSIDERATION OF CITY PARTICIPATION IN THE 4TH ANNUAL
RANCHO DAYS EVENT (150,60)
Written Communication:
(1) Report dated June 15, 1993, from the Director of Community Services, recommending that the
City provide support for the 4th Annual Rancho Days Event on August 28, 1993, with regard
to street closures, signage, barricades, traffic control, street cleanup, and display of a banner
City Council Minutes -13- 6/15/93
383
for 14 days. The report advised that event organizers would reimburse the City for overtime,
staff expenses, and special event insurance.
(2) Letter dated June 12, 1993, from Anita Adkisson, San Juan Capistrano Fiesta Association, P.
O. Box 532, San Juan Capistrano, CA 92693, providing an estimate of the income and expenses
anticipated for this year's Mission -Rancho Days and requesting a waiver of fees.
Mr. King made an oral presentation.
Anita Adkisson, 31211 Calle Del Campo, advised that the Fiesta Association and the Mission planned
to co -host the event and outlined their requests for City assistance. In addition, she requested that the
City charges and processing fees for this type of event be waived and that the sale of beer on public
streets be approved for the street fair. She noted that both the Fiesta De Las Golondrinas and Rancho
Days event lost money on their events last year.
Council Member Vasquez felt that the fees should be waived because of the amount of volunteer work
provided by the Fiesta Association to the City. Mayor Jones concurred but strongly opposed the sale
of beer on public streets because of concerns with liability and responsibility to the community and
children. He felt that the success of an event should not rely on the sale of alcoholic beverages.
Council Member Nash expressed concern with routinely granting waivers of fees since she felt
organizations should plan ahead financially for these fees.
Approvals for City Participation in 4th Annual Rancho Days Event
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the following be approved for the 4th Annual Rancho Days Event on August 28, 1993:
(1) City support, including street closures, signage, barricades, traffic control, street cleanup, and
overtime, with reimbursement to the City by event organizers waived; and
(2) Proposed street closures on August 28, 1993, for the section of Ortega Highway between El
Camino Real and Camino Capistrano and for Camino Capistrano between Verdugo Street and
Mission Street.
(3) Waiver of the City's processing fees for the event.
Resolution Authorizin¢ Placement of Banners:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO, 93-6-L5-5. AUTHORIZING PLACEMENT OF BANNERS -
RANCHO DAYS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING PLACEMENT OF
BANNERS WITHIN THE PUBLIC RIGHT-OF-WAY FOR RANCHO DAYS,
SUBJECT TO THE PROVISIONS OF SECTION 9-3.603(0(15) OF THE CITY'S _
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
City Council Minutes -14- 6/15/93
1. APPROVING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
HAZARDOUS WASTE FACILITIES (ADOPTION) (420-30)
Written Communication:
Report dated June 15, 1993, from the Planning Director, advising that the Ordinance was introduced
at the meeting of May 18, 1993, and was scheduled for adoption. The Purpose and Intent section of the
Ordinance was amended to respond to the Council's concerns expressed at the May 18 meeting
regarding the responsibility of the City to accept levels of waste beyond that generated by businesses
within the City.
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 Vasquez, that the following Ordinance be adopted as amended:
ORDINANCE NO, 731, AN AMENDMENT TO TITLE 9. CHAPTER 3 OF THE
MUNICIPAL COD REGARDING HAZARDOUS WASTE FACILITIES - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 9-3.304 AND ADDING SECTION 9-3.631 TO THE
MUNICIPAL CODE ESTABLISHING A HAZARDOUS WASTE FACILITIES
ORDINANCE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. ANNUAL REVIEW OF APPOINTMENTS TO COMMITTEES. BOARDS.
AND COMMISSIONS (110.20)
Written Communication:
Report dated June 15, 1993, from Carole Jacklin, Council Services Manager, recommending that an ad
hoc committee consisting of two Members of the City Council be formed to review the duties and
responsibilities of the City's committees, boards, and commissions, with recommendations to be provided
for Council consideration at the meeting of July 20, 1993.
Continuation of Item and Formation of Ad Hoc Committee:
It was moved by Council Member Nash, seconded by Council Member Vasquez, and unanimously
carried that Council Member Nash and Mayor Jones be appointed to an ad hoc committee to review
the duties and responsibilities of the City's committees, boards, and commissions, with recommendations
to be submitted for Council consideration at the July 20 meeting. The annual review of boards and
commissions was continued to the meeting of July 20 pending the recommendations of the committee.
City Council Minutes -15- 6/15/93
5
2. REPORT ON THE TECHNICAL INSPECTION OF TIMES MIRROR CABLEVISION
(DBA DIMENSION CABLE SERVICES1 IN THE CITY OF SAN JUAN CAPISTRANO
(CABLE TELEVISION BOARD) (1000.50)
Written Communications:
(1) Report dated June 15, 1993, from the Cable TV Board, forwarding the Technical Inspection _
Report regarding the technical performance of Dimension Cable services in the City during the
first six months of 1992. The Report noted that the Board intended to forward the results of
a survey of subscribers, local businesses, institutions, and City staff within six to eight weeks to
ascertain the community's needs and interests relative to cable television service.
(2) Memorandum dated June 15, 1993, from Mary Laub, Management Assistant, recommending
that this item be continued to allow review and modification of the report, if necessary, by
Communications Support Corporation, the City's technical consultant on cable issues.
Continuation of Item:
It was moved by Council Member Nash, seconded by Council Member Council Member Hausdorfer,
and unanimously carried that this item be continued to a date to be determined to receive comments
from the City's technical consultant regarding the Technical Inspection report.
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800_50)
Council Member Nash noted that plans and meetings for the Corridor are continuing as
scheduled.
b. San Joaquin Hills Transportation Corridor (800.50)
Council Member Campbell noted that she was working closely with staff and the TCA
regarding San Juan Capistrano's concerns with the proposed alignment of Rancho Viejo Road
and its potential impacts on the City.
C. League of California Cities (140.20)
Mayor Jones announced that Council Member Hausdorfer was unanimously elected to the
Orange County Transportation Authority's Board of Directors for a 21A -year term. He noted
Council Member Hausdorfer's contributions in moving the process along for the railroad
platform. Council Member Hausdorfer advised that OCTA was doing a commercial paper to
make to 14.6% turn -back funds available on the front end of the cycle instead of the end.
d. Southeast Regional Reclamation Authority (SERRA)_(1040.60)
Council Member Vasquez advised that at the last meeting, the estimate to construct a new PC- _
2 maintenance facility came in substantially over the original budget and the item had been put
on hold. Mr. Huber explained that SERRA is now trying to downscale the project.
Council recessed to a Closed Session at 9:07 p.m. for discussion of litigation per Government Code Section
54956.9(a) (Bevy v. County of Sonoma, Loder v. City of Glendale), exposure to litigation per Government Code
Sections 54956.9(b), initiation of litigation per Government Code Section 54956.9(c), and property negotiations
City Council Minutes -16- 6/15/93
S86
per Government Code Section 54956.8 regarding 26832 Ortega Highway (Darnold, et al), the City Clerk being
excused therefrom, and reconvened at 10:00 p.m.
�ri�111, C•� � [•�CiI `7,
1. MARBELLA CREST (420.40)
It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and
unanimously carried that the Settlement Agreement with Capitol Financial regarding Marbella Crest be
approved in concept. The Mayor was authorized to execute the Agreement on behalf of the City,
subject to the approval by the City Attorney.
There being no further business before the Council, the meeting was adjourned at 10:00 p.m. to the next regular
meeting date of Tuesday, July 6, 1993, at 7:00 p.m. in the Council Chamber.
Respectfully submitted,
WO,
WL�W L`�
ATTEST:
r GIL JONES, MAYOR��
City Council Minutes -17- 6/15/93