92-0204_CC_Minutes_Regular Meeting155 )
FEBRUARY 4, 1992
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 7:05
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Roger
Boatman of the Community Christian Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Thomas Clark,
Acting City Attorney; Cheryl Johnson, City Clerk; George
Scarborough, Assistant City Manager; David Bentz, Director of
Administrative Services; William M. Huber, Director of Engineering
and Building Services; Thomas Tomlinson, Director of Planning
Services; Al King, Jr., Director of Community Services; Ronald C.
Sievers, Director of Public Lands and Facilities; Nancy Bernardi,
Recording Secretary.
MINUTES
Special Meeting of January 17, 1992:
It was moved by Councilman Harris, seconded by Councilman Friess,
that the Minutes of the Special Meeting of January 17, 1992, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Regular Meeting of January 21 1992:
It was moved by Councilman Harris, seconded by Councilman Friess,
that the Minutes of the Regular Meeting of January 21, 1992, be
approved as submitted. The motion carried by the following vote:
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AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Adjourned Regular Meeting of January 22 1992:
It was moved by Councilman Harris, seconded by Councilman Friess,
that the Minutes of the Adjourned Regular Meeting of January 22,
1992, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
and Mayor Jones
NOES: None
ABSTAIN: Councilman Vasquez
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that all Ordinances be read by
title only.
PRESENTATIONS AND COMMENDATIONS
RECOGNITION OF TITO OLIVARES FOR 25 YEARS OF SERVICE (730.90)
Mayor Jones presented James "Tito" Olivares, Lead Maintenance
Worker, with a Distinguished Service Award in recognition of
his 25 years of service with the City. Mr. Olivares is the
first City employee to attain 25 years of service with the
City.
CALIFORNIA HIGHWAY PATROL COMMANDER MALONE (610.40)
Councilman Friess noted the recent resignation of California
Highway Patrol Commander Steve Malone from the San Juan
Capistrano office. It was a consensus of the Council that
a letter be sent to Commander Malone acknowledging his
service and wishing him well in his new position in E1 Cajon.
BOY SCOUT TROOP 702 (130.40)
Mayor Jones acknowledged the attendance of Boy Scout Troop
702 at the meeting.
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ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
None.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, 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
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1. RECEIVE AND FILE WARRANTS OF JANUARY 2 AND JANUARY 23,
1992 (300.30)
The List of Demands dated January 2 and January 23, 1992, in
the total amounts of $1,500,300.00 and $2,104,285.63, respec-
tively, was received and filed.
RECEIVE AND FILE CASH BALANCES BY FUND FOR DECEMBER 1991
(330.50)
The City Treasurer's Report of Cash Fund Balances for the
month of December 1991 in the total amount of $-1,346,988.91
was received and filed. Councilman Harris commended
Mr. Bentz on his aggressive investment of surplus City funds.
REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated February 4, 1992, from the Senior Management
Assistant, regarding actions taken at the meeting of
January 29, 1992, was ordered received and filed.
4. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION
ACTIONS (930.40)
The Report dated February 4, 1992, from the Director of
Community Services, regarding actions taken at the meeting
of January 13, 1992, was ordered received and filed.
REPORT OF IAS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated February 4, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
January 23, 1992, was ordered received and filed.
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REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated February 4, 1992, from the Director of
Community Services, regarding actions taken at the meeting
of January 20, 1992, was ordered received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated February 4, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
January 28, 1992, was ordered received and filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated February 4, 1992, from the Director of
Engineering and Building, regarding actions taken at the
meetings of December 18, 1991, and January 8, 1992, was
ordered received and filed.
RELEASE OF PRIVATE STREET IMPROVEMENT SURETY BOND.
TRACT 12954 MARBELLA GOLF AND COUNTRY CLUB (M_ARBELLA
DEVELOPMENT/FAIRWAY LAND COMPANY) (600.30)
As set forth in the Report dated February 4, 1992, from the
Director of Engineering and Building, the release of the
remaining $10,000 of the original $721,011 Faithful
Performance Bond No. 100648 for private street improvements
for Tract 12954, Marbella Golf and Country Club, was
authorized.
PUBLIC HEARINGS
1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT -
VAQUERO WEST MERCANTILE (SAN JUAN SALOON) (CONTINUED
FROM JANUARY 21. 1992) (400.20)
Proposal:
Hearing conducted jointly with the Community Redevelopment
Agency to consider a proposed lease agreement with Vaquero
West Mercantile for the San Juan Saloon property. The
hearing was continued from the meeting of January 21 to allow
additional time for Mr. Holsten to review the final proposed
terms of the lease.
Written Communication:
Report dated February 4, 1992, from the Community Development
Manager, recommending that the public hearing be continued
to, the meeting of February 18, 1992.
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Continuation of Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing and, there being no response, it
was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the public hearing be
continued to the meeting of February 18, 1992.
RECESS AND RECONVENE
Council recessed at 7:13 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:16 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
RENEWAL OF AGREEMENT - GANG PREVENTION AND SUPPRESSION
PROGRAM (COUNTY OF ORANGE) (600.501
Written Communication:
Report dated February 4, 1992, from the Assistant City
Manager, recommending that the agreement with the County and
the Cities of San Juan Capistrano, Dana Point, and Laguna
Niguel for the Gang Prevention and Suppression Program be
renewed for one year at a cost of $23,127 for the City's
share (a reduction of $2,653 from 1991).
Mr. Julian gave an oral presentation and provided an overview
of the program's goals and objectives.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the Agreement for
Provision of Gang Prevention and Suppression Services between
the County of Orange and the Cities of Dana Point, Laguna
Niguel, and San Juan Capistrano be approved for a one-year
period beginning February 28, 1992, through February 27,
1992, in the amount of $23,127 for the City's share of costs.
AUTHORIZATION TO NEGOTIATE CONTRACT FOR CURBSIDE
RECYCLING (SOLAG DISPOSAL) (600.30)
Written Communication:
Report dated February 4, 1992, from the Management Assistant
I, recommending that the City enter into negotiations with
Solag Disposal regarding the implementation of a Citywide
residential curbside recycling plan, as mandated by Assembly
Bill 939. Solag's proposal is for an automated collection
of all residential refuse, green waste, and recyclable
material using state-of-the-art, fully -automated side -loading
vehicles.
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Douglas Dumhart, Management Assistant I, advised that a draft
agreement with Solag could be ready for Council review within
four to six weeks, with full implementation of the program
to residents within seven months. Mr. Dumhart advised that
extensive capital costs would be involved for Solag and the
terms of the contract would impact their ability to amortize
the cost of equipment and vehicles and to obtain beneficial
loans to implement the program. He stated that Staff will
propose contract terms at five, seven, or ten years for
Council consideration.
Authorization to Negotiate with Solag Disposal:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that staff be authorized to
negotiate with Solag Disposal for an expanded Citywide
residential curbside recycling program and to return with an
agreement for City Council approval.
DIRECTOR OF COMMUNITY SERVICES
1. OPEN SPACE UPDATE (530.40)
Written Communication:
Report dated February 4, 1992, from the Director of Community
Services, providing an overview of the various activities
associated with the Open Space Bond Act Measure D.
Mr. King made an oral presentation and noted that a new
alternate plan will be presented at the workshop scheduled
for Thursday, February 27, at 7:00 p.m. in the La Sala Room
at the City Library.
With the consensus of Council, Mayor Jones ordered the Report
received and filed.
2. AGREEMENT FOR 1992 HERITAGE FESTIVAL JOINT PARTNERSHIP -
SPONSORSHIP DEVELOPMENT (FIESTA ASSOCIATION) (600.30)
written Communication:
Report dated February 4, 1992, from the Director of Community
Services, recommending that the Joint Partnership Agreement
between the Fiesta Association and the City be approved for
the Association to work with the City as a cohesive unit for
fund-raising purposes for the 1992 Heritage Festival.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the 1992 Heritage
Festival Joint Partnership Agreement between the City and the
San Juan Capistrano Fiesta Association be approved for
sponsorship development.
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COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. League of California Cities (140.20)
Councilman Hausdorfer noted that no decision was made
on the selection of an Air Quality Management District
representative at the League meeting on January 24
because of a lack of votes. It was a consensus of the
Council that Councilman Hausdorfer continue to support
incumbent Hank Wedaa.
COUNCIL COMMENTS
AGENDA REPORT FORMAT (160.20)
Councilman Friess complimented Mayor Jones for the revisions
he recently made to the Agenda Reports for City Council meet-
ings.
2. CONSULTANT ENGINEERING DESIGN SERVICES (600.30)
With regard to the Council's January 21, 1992, approval to
allow the Director of Engineering and Building to hire a plan
check team of consultants under four-year contracts,
Councilman Vasquez stated that although he voted in favor of
the request, he was now opposed to the length of the
contracts because it would discourage competition.
COMMITTEE TO RESTORE INTEGRITY IN SAN JUAN CAPISTRANO
(640.30)
Councilman Vasquez noted the receipt of a letter from Carlos
Negrete regarding the lawsuit, Committee to Restore Integrity
in San Juan Capistrano v. City of San Juan Capistrano, and
stated that it was time to put an end to the matter. The City Attorne:
stated his very strong recommendation in this regard would be that we have an
CLOSED SESSION item on this in Closed Session and we discuss this in Closed
Session, not in open session. *
Council recessed to a Closed Session at 7:40 p.m. for discussion
of legal matters per Government Code Section 54956.9(a) (Committee
v. City) and personnel matters per Government Code Section 54957.6
(appointment of new City Attorney), the City Clerk being excused
therefrom, and reconvened at 9:35 p.m.
*added per Council action
2/18/92
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:35 p.m. to the next regular meeting date of
Tuesday, February 18, 1992, at 7:00 p.m. in the City Council
Chamber.
ATTEST:
S, y
GIL JONES, MA R
Respectfully submitted,
/ ! ' ACHERYL JONNS�ON, CITY CLERK
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