92-0218_CC_Minutes_Regular MeetingFEBRUARY 180 1992
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANOj, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California was called to order by Mayor Jones at 7:03
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Phillip
Munsey of The Life Church.
ROLL CALL: PRESENT:
ABSENT:
Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
None
STAFF PRESENT: Stephen B. Julian, City Manager; Thomas Clark,
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; Nancy Bernardi,
Recording Secretary.
MINUTES
Regular Meeting of February 4. 1992:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, that the Minutes of the Regular Meeting of February 4,
1992, be approved, with the following modification:
Page 7, item No. 3 under Council Comments, the following
sentence added to the end of the paragraph: "The City
Attorney stated his very strong recommendation in this
regard would be that we have an item on this in Closed
Session and we discuss this in Closed Session, not in
open session."
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
-1-
2/18/92
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that all Ordinances be read
by title only.
PRESENTATIONS AND COMMENDATIONS
No
Written Communication:
Report dated February 18, 1992, from the City Clerk,
forwarding the Proclamation.
Approval and Presentation of Proclamation:
Mayor Jones read the Proclamation in full and with the
consensus of Council proclaimed March 13 through 21, 1992,
as the Fiesta de las Golondrinas. The Proclamation was
presented to Anita Adkisson, President of the Fiesta
Association, who expressed appreciation to City staff for
their support.
RECOGNITION OF LONG-TERM EMPLOYEES (730.90)
Written Communication:
Report dated February 18, 1992, from the Senior Management
Assistant, forwarding the list of employees who have served
the City for 15 years.
Mayor Jones presented service plaques to Juan Camacho, Lead
Maintenance Worker, and Cathleen A. DuCoing, Senior Engineer-
ing Aide, in recognition of their fifteen years of service.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. TEMPORARY PERMITS - FLOWER VENDORS (390.601
Al Maling of Lilacs & Lace florist shop and Susan Johnson of
San Juan Florist, voiced opposition to the City's issuance
of temporary vendor permits and waiver of fees to street
vendors who sold flowers on behalf of non-profit organiza-
tions over the Valentine's Day. They stated that the close -
proximity of the temporary vendors to the City's permanent
florist shops had negatively impacted business.
Councilman Friess noted that since non-profit vendors do not
collect any sales tax, no revenues are returned to the City.
In addition, the vendors in question were stationed on busy
streets and intersections with no place for vehicles to stop.
-2-
2/18/92
165
It was a consensus of the Council that staff be directed to
prepare recommendations for Council review with regard to
regulating street vendors, including consideration of loss
of revenues to the City, traffic impacts, proof of non-profit
status, and sales during holidays.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JANUARY 31,
1992 (350.30)
The City Treasurer's Report of Investments as of January 31,
1992, in the total amount of $17,485,713.84 was received and
filed.
2. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS
(920.20)
The Report dated February 18, 1992, from the Director of
Community Services, regarding actions taken at the meeting
of January 3, 1992, was ordered received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated February 18, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
February 11, 1992, was ordered received and filed.
4. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR
_BIDS - LANDSCAPE MAINTENANCE CONTRACTS (CITY PARKS,
_PARKWAYS. FACILITIES. AND LANDSCAPE MAINTENANCE
DISTRICTS) (600.30)
As set forth in the Report dated February 18, 1992, from the
Director of Public Lands and Facilities, the specifications
were approved for the maintenance of City parks, parkways,
facilities, and Landscape Maintenance Districts. Staff was
authorized to call for bids.
-3-
2/18/92
PUBLIC HEARINGS
1. CONSIDERATION OF THE RESIDENTIAL ALLOCATION SCHEDULE FOR
CALENDAR YEARS 1992-95 (RESIDENTIAL GROWTH MANAGEMENT
PROGRAM) (440.50)
Proposal:
Consideration of the proposed allocation of residential
building permits as part of the City's Residential Growth
Management Program for calendar years 1992 to 1995, as
recommended by the Planning Commission.
Written Communication:
Report dated February 18, 1992, from the Director of Planning
Services, noting that the Lomas San Juan Planned Community,
Marbella Planned Community, Forster Canyon Planned Community,
and the Capistrano Valley Tennis Club and Academy were
presently eligible to receive building permit allocations.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and there being no response,
closed the hearing.
Approval of Residential Allocation Schedule:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 92-2-18-1. APPROVING RESIDENTIAL
ALLOCATION SCHEDULE FOR CALENDAR YEARS 1992, 1993,
1994 AND 1995 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING RESIDENTIAL ALLOCATIONS FOR THE CALENDAR
YEARS 1992, 1993, 1994, AND 1995 (RESIDENTIAL
GROWTH MANAGEMENT)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
-4-
2/18/92
16'7
2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT -
VAOUERO WEST MERCANTILE (SAN JUAN SALOON) (CONTINUED
FROM FEBRUARY 4. 1992) (400.20)
Proposal:
Hearing held jointly with the City Council to consider a
proposed lease agreement with Vaquero West Mercantile for the
San Juan Saloon property. The hearing was continued from the
meeting of February 4 to allow additional time for review and
resolution of the Agency's final lease position.
Written Communication:
Report dated February 18, 1992, from the Community Develop-
ment Manager, recommending that the terms and conditions of
the proposed lease agreement between Vaquero West Mercantile
and the Agency be presented to the Council/Agency Board
during a Closed Session, with the final lease agreement to
be brought back for approval at the March 3, 1992, meeting.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing and, there was no response, with
the consensus of the Board directed that the public hearing
be continued to the meeting of March 3, 1992. The proposed
lease will be reviewed in Closed Session.
RECESS AND RECONVENE
Council recessed at 7:30 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:45 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. INTRODUCTION OF ORDINANCE AMENDING TITLE 7 OF THE
MUNICIPAL CODE TO ADD PROVISIONS FOR TEMPORARY SIGNS IN
PUBLIC RIGHT-OF-WAY (410.40)
Written Communication:
Report dated February 18, 1992, from the Senior Management
Assistant, forwarding a proposed ordinance which would
regulate the placement of all temporary signs in the public
right-of-way. The Ordinance would limit to 10 the number of
temporary signs that could be erected in the public right-
of-way for one event, activity, or candidate. Any signs not
marked with the responsible party's name and phone number
would be subject to immediate removal by the City.
-5-
2/18/92
Jennifer Murray, Senior Management Assistant, presented the
Staff Report and noted the addition of a provision which
would prohibit temporary signs within 100 feet of a polling
place, per California Elections Code Section 29470.
Councilman Vasquez spoke in opposition to the proposed
Ordinance stating that it would not prevent people from
posting signs in the public right-of-way and would tend to
give incumbents and unfair advantage in an election year.
He further stated he could not support the item due to the
amount of staff time that would be required for enforcement.
The City Manager read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Friess, that the following
Ordinance be introduced, with the following additional
provision:
Temporary signs within 100 feet of a polling place shall
be prohibited, per California Elections Code Section
29470.
AMENDING TITLE 7 OF THE MUNICIPAL CODE - TEMPORARY
SIGNS IN THE PUBLIC RIGHT-OF-WAY - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING
CHAPTER 9 TO TITLE 7 OF THE MUNICIPAL CODE DEALING
WITH TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and Mayor Jones
NOES: Councilmen Harris and Vasquez
ABSENT: None
INITIATION OF AMENDMENT TO TITLE 9-3.06 OF THE MUNICIPAL
CODE MODIFYING PROVISIONS FOR TEMPORARY SIGNS ON PRIVATE
PROPERTY (410.40)
Written Communication:
Report dated February 18, 1992, from the Senior Management
Assistant, recommending that the Council initiate considera-
tion of an amendment to the Municipal Code which would modify
existing provisions for the placement of temporary signs on
private property. The proposed provisions would limit size,
placement, and the number of signs that could be posted on
-6-
2/18/92
private property relating to the same event, activity or
candidate.
Jennifer Murray, Senior Management Assistant, made an oral
presentation.
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 92-2-18-2. INITIATING AMENDMENT TO
SECTION 9-3.603 OF THE MUNICIPAL CODE - REGULATIONS
OF TEMPORARY SIGNS ON PRIVATE PROPERTY - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A CODE AMENDMENT
TO MODIFY SECTION 9-3.603 OF THE MUNICIPAL CODE TO
REGULATE TEMPORARY SIGNS ON PRIVATE PROPERTY
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and Mayor Jones
NOES: Councilmen Harris and Vasquez
ABSENT: None
3. LA NOVIA PARK LAND DEDICATION - GLENFED DEVELOPMENT
(600.30)
Written Communication:
Report dated February 18, 1992, from the Assistant City
Manager, forwarding a proposal from Glenfed to dedicate two
parcels to the City in fulfillment of their park land
dedication obligation, as conditioned on the project. The
parcels are located on either side of La Novia Avenue between
the San Juan Creek Channel and San Juan Creek Road. Glenfed
requested that the three water wells located on these parcels
be committed to the present use (San Juan Hills Golf Course)
or future use of the land.
Mr. Scarborough made an oral presentation and advised that
if Council found the proposals acceptable the documents would
be returned for action on March 3. 1992.
In response to an inquiry from Councilman Vasquez, Ms. Louise
Rice -Lawson, 1214 Fourteenth Street, Santa Monica,
representing Glenfed, stated that Glenfed would be willing
to pay the $1,000 for the Title Policy.
-7-
2/18/92
�-� 7
Councilman
park land
financial
providing
Hausdorfer
.n lieu of a
condition,
open space.
felt that accepting the dedication of
fee was justified, despite the City's
because of the City's commitment to
Acceptance of Park Land Dedication:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that the reserved rights
and privileges provisions of the quitclaim deed be found
acceptable and that the $1,000 required for the Title Policy
be paid by Glenfed. Staff was directed to submit final
documents for the acceptance of the quitclaim deed for
approval at the March 3, 1992, meeting.
4. AGREEMENT WITH THE CITY OF DANA POINT TO SHARE IN THE
PURCHASE AND USE OF RADAR DISPLAY BOARD (600.50)
Written Communication:
Report dated February 18, 1992, from the Assistant City
Manager, recommending that the Cities of Dana Point and San
Juan Capistrano share in the cost of purchasing a $7,600
radar display board, to be shared and paid for equally, as
a cost-effective tool in helping to reduce vehicle speeds.
The City of Dana Point approved the joint purchase in January
1992.
Approval of Joint Purchase and Use of a Radar Display
Board:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Mayor be authorized
to execute the agreement with the City of Dana Point for the
joint purchase and use of a radar display board. The cost
to each City will be approximately $3,800; City funds were
included in mid -year adjustments.
5. REVISED 1991-92 OPERATING AND CAPITAL IMPROVEMENT BUDGET
(330.20/330.40)
Written Communication:
Report dated February 18, 1992, from the Assistant City
Manager, forwarding a mid -year review of the Operating Budget
and Capital Improvement Program and summarizing the
reductions proposed by City departments.
Mr. Scarborough made an oral presentation.
Approval of Revised 1991-92 Operating and Capital
Improvement Budget:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
-8-
2/18/92
171
RESOLUTION NO 92-2-18-3 AMENDMENT OF FISCAL
BUDGET. 1991-92 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE AUTHORIZED EXPENDITURES AND APPROPRI-
ATIONS RELATED THERETO
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution authorized expenditures in the amount of
$19,815,513 for the year ending June 30, 1992.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. CONSULTING SERVICES AGREEMENT - BUDGET. FINANCE. AND
PERSONNEL SOFTWARE MODIFICATION PROGRAM (Mission
Management. Inc.) (600.30)
Written Communication:
Report dated February 18, 1992, from the Director of Adminis-
trative Services, advising that the Administrative Services
Department wished to update the financial software package
from Mission Management, Inc. (MMI) to modify the budget
program and personnel/payroll system. The proposed software
package would automate many time-consuming tasks which are
presently performed manually and result in more efficient
financial reporting.
Approval of Consulting Services Agreement:
It was moved by Councilman Vasquez, seconded by Councilman
Hausdorfer, and unanimously carried that the Consulting
Services Agreement with MMI be approved, for a not -to -exceed
amount of $15,000, for the implementation of updated finance,
budget, and personnel software. Funds were allocated in the
1991-92 budget.
2. RESOLUTION APPROVING EXECUTION AND DELIVERY OF A LOAN
AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY AND
AUTHORIZING INVESTMENT OF BOND PROCEEDS (OPEN SPACE
PROPERTY ACQUISITIONS - SWANNER) (600.30 1
Written Communication:
Report dated February 18, 1992, from the Director of Adminis-
trative Services, advising that the loan agreement and
investment of bond proceeds was limited to a 3 -year period
-9-
2/18/92
�i 72
of time. The transaction would allow the Redevelopment
Agency to use its powers of assembling land in acquisition
of the Swanner parcels for the ultimate benefit of the Open
Space Program.
Approval of Loan Agreement and Authorization of Bond
Proceeds:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 92-2-18-4. AUTHORIZING EXECUTION AND
DELIVERY OF LOAN AGREEMENT AND AUTHORIZING
INVESTMENT OF BOND PROCEEDS (SWANNER) - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION
AND DELIVERY OF A LOAN AGREEMENT WITH THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND
AUTHORIZING THE INVESTMENT OF BOND PROCEEDS
PURSUANT THERETO (SWANNER)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution authorized the investment of $7,200,000 of
bond proceeds in the Agency's Note at 12% for three years.
DIRECTOR OF PLANNING SERVICES
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated February 18, 1992, from the Director of Planning
Services, advising that four new development applications
were received by the City since the last report of
January 21, 1992.
With the consensus of Council, Mayor Jones ordered the Report -
received and filed.
2. RESOLUTION INITIATING AN AMENDMENT TO TITLE 9 OF THE
A TXTYnTnAT. nnnc - CTMTMn nr Ma7aPnnYM WARTF. MANAGFMFNT
Written Communication:
Report dated February 18, 1992, from the Director of Planning
Services, recommending an amendment to the Municipal Code be
-10-
2/18/92
173
initiated for the siting and development of hazardous waste
facilities to comply with State Assembly Bill 2948 and to
implement the County's Hazardous Waste Management Plan.
Authorization to Initiate the Preparation of a Draft
Hazardous Waste Facilities ordinance:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
RESOLUTION NO. 92-2-18-5, INITIATING AMENDMENT TO
TITLE 9 OF THE MUNICIPAL CODE - SITING AND
DEVELOPMENT OF HAZARDOUS WASTE FACILITIES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, INITIATING AMENDMENT
TO TITLE 9 OF THE MUNICIPAL CODE TO ADD PROVISIONS
REGARDING SITING AND DEVELOPMENT OF HAZARDOUS WASTE
FACILITIES
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The action initiates a public hearing process to consider the
proposed amendment and does not obligate the City Council to
approve or disapprove the item.
RESOLUTION INITIATING AN AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - ADDING PROVISIONS FOR SENIOR HOUSING
TO SUPPLEMENTAL DISTRICT REGULATIONS (420.30)
Written Communication:
Report dated February 18, 1992, from the Director of Planning
Services, recommending that an amendment to the Municipal
Code be initiated to accommodate the unique characteristics
of Affordable Senior Housing Developments within the City's
standards for multi -family residential uses as well as to
establish appropriate standards and fees.
It was moved by Councilman Harris, seconded by Councilman
Friess, that the following Resolution be adopted:
-11-
2/18/92
RESOLUTION NO. 92-2-18-6. INITIATING AMENDMENT TO
TITLE 9 OF THE MUNICIPAL CODE - AFFORDABLE SENIOR
HOUSING DEVELOPMENTS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 9 OF
THE MUNICIPAL CODE TO ADD SECTION 9-3.628, AFFORD-
ABLE SENIOR HOUSING DEVELOPMENTS.
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
This action initiated a public hearing process to consider
the proposed amendment to the Land Use Code and did not
obligate the Council to approve or disapprove the item.
4. REQUEST TO WAIVE CONDITION_REOUIRING LANDSCAPED RAISED
MEDIAN ON ORTEGA HIGHWAY BETWEEN THE NORTHBOUND OFF -
RAMPS OF I-5 AND AVENIDA DE LOS CERRITOS - 27112 ORTEGA
HIGHWAY/ARCHITECTURAL CONTROL 87-02 (CHEVRON EAST)
(410.60)
Written Communication:
Report dated February 18, 1992, from the Director of Planning
Services, forwarding a request by Chevron U.S.A. to replace
a landscaped, raised median, as conditioned on the project,
with a striped median. Staff recommended denial based on the
findings that a landscaped median would be consistent with
the General Plan Scenic Highways Element, would provide a
necessary physical barrier to prevent unsafe left turns onto
Ortega Highway between Avenida de los Cerritos and Interstate
5, and would improve traffic circulation.
Mr. Tomlinson made an oral presentation.
Robert Fiscus, representing the architect/engineer for the
project, requested that a stamped concrete median be
constructed rather than installing landscaping due to drought
concerns.
There was a consensus of Council that landscaping be
installed in the median since the location is an important
entrance statement for the City.
-12-
2/18/92
175
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
"UHITZUTUXAL UUNTRUL 25/-UZ - UHP.VJKUN U,A,A, A'1'
27112 ORTEGA HIGHWAY - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DENYING A REQUEST TO MODIFY
ARCHITECTURAL CONTROL 87-02 CONDITIONS OF APPROVAL
FOR CHEVRON U.S.A. LOCATED AT 27112 ORTEGA HIGHWAY
TO ALLOW A STRIPED MEDIAN IN PLACE OF A RAISED
LANDSCAPED MEDIAN (CHEVRON EAST)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The applicant was directed to work with staff to determine
the most appropriate landscaping for the median, with staff
to use its discretion with regard to water use and aesthe-
tics. Any uncertainty as to the project's aesthetics is to
be brought back for Council review.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
MEASURE M LOCAL PAVEMENT MANAGEMENT PROGRAM - APPROVAL
OF CONSULTANT SERVICES AGREEMENT (PAVEMENT MANAGEMENT
SYSTEMS, INC.) (600.30)
Written Communication:
Report dated February 18, 1992, from the Director of Engin-
eering and Building, recommending that the firm of Pavement
Management Systems, Inc. be retained to prepare a Pavement
Management Program, as mandated by provisions of Measure M.
Funds were budgeted for this purpose in the 1991-92 budget.
Mr. Huber made an oral presentation and noted that the first-
year allocation of Measure M funds will be used for the
Rancho Viejo Road project.
Approval of Consulting Services Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Consulting Services
Agreement with Pavement Management Systems, Inc. be approved
-13-
2/18/92
1'76
in the amount of $32,140 to prepare the City's Local Pavement
Management Program.
APPROVAL OF TRAFFIC SIGNAL REIMBURSEMENT AGREEMENT -
CAMINO CAPISTRANO AT AVENIDA GOLONDRINAS. ARCHITECTURAL -
CONTROL 88-09/ARCHITECTURAL CONTROL 89-09
(DOLLEY/SEASIDE RANCHOS) (600.60)
Written Communication:
Report dated February 18, 1992,.from the Director of Engin-
eering and Building, forwarding a request from Seaside
Ranchos for a Reimbursement Agreement. The proposed agree-
ment would allow Seaside Ranchos to be repaid a portion of
the costs for the installation of a traffic signal at the
intersection of Camino Capistrano and Avenida Golondrinas by
any development which increases traffic at the intersection
in excess of 5%.
Approval of Reimbursement Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Reimbursement
Agreement for the installation of a traffic signal at the
intersection of Camino Capistrano and Avenida Golondrinas be
approved. The Mayor and City Clerk were directed to execute
the Agreement, and the City Clerk was authorized to record
the document with the County Recorder.
APPROVAL OF FUNDING CONTRACT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR TASKS RELATED TO THE
SAN JUAN CAPISTRANO RAILROAD BRIDGE PROJECT (600.50)
Written Communication:
Report dated February 18, 1992, from the Director of Engin-
eering and Building, recommending that an agreement be
entered into with Caltrans to secure additional funding for
supplemental tasks related to the Railroad Bridge over San
Juan Creek project.
Acceptance of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that the Agreement with
the California Department of Transportation be accepted for
the procurement of funding for supplemental tasks related to
the Railroad Bridge over San Juan Creek project. The Mayor
was authorized to execute the Agreement on behalf of the
City.
-14-
2/18/92
1'7'7
DIRECTOR OF COMMUNITY SERVICES
1. REPORT FROM PARK NAMING SUBCOMMITTEE - ALIPAZ STREET AT
CALLE LUCANA (920.40)
Written Communication:
Report dated February 18, 1992, from the Director of Commun-
ity Services, forwarding the recommendation from the Parks
and Recreation Commission for the naming of the newly formed
park located on Alipaz Street at Calle Lucana as "Good Neigh-
bors Park," pursuant to suggestions made by the park's ad hoc
committee.
Mr. King requested that, because of information received
after the deadline for the Council's staff report, this item
be continued for further recommendations for the park's name
from residents, the Parks and Recreation Commission, and the
ad hoc committee.
Continuation of Item:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that consideration of
this item be continued for 30-45 days, during which time
additional discussions will be held with residents, the Parks
and Recreation Commission, and the ad hoc committee regarding
the naming of the park.
2. RESOLUTION APPROVING REVISION OF FEES AND CHARGES FOR
RENTAL OF COMMUNITY SERVICES FACILITIES (960.20)
Written Communication:
Report dated February 18, 1992, from the Director of Commun-
ity Services, recommending that the fees charged for rental
of Community Services Department facilities be increased to
help cover rising costs of personnel, utilities, maintenance,
and general services.
AVRroval of Revised Rental Fee Schedule:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 92-2-18-8. ESTABLISHING RENTAL FEES
FOR COMMUNITY SERVICES FACILITIES - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING NEW RENTAL
FEES FOR COMMUNITY SERVICES FACILITIES AND
REPEALING RESOLUTION NO. 87-7-21-5
-15-
2/18/92
Mi Q
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. CONSIDERATION OF COUNCIL CODE OF CONDUCT (610.30)
Written Communication:
Report dated February 18, 1992, from the Council Services
Manager, forwarding two proposed Council Policies addressing
Council Codes of Conduct with regard to discussions with
litigants and discussions of confidential matters addressed
during Closed Sessions.
Councilman Friess noted that he recommended the policies to
avoid any possible confusion for Council members with regard
to confidential and legal matters that are addressed by the
Council.
Councilman Vasquez felt it was inappropriate to use the
Council Policy Manual for a Council Code of Conduct, stating
that communication needed to be open.
Councilman Hausdorfer stated that the Council only discusses
matters in Closed Session that are
Act and that Council is constrained
things by the Brown Act; Council wa
the public's knowledge. He empha
Council members not entering into di
against the City.
allowed under the Brown
from discussing certain
> not trying to preclude
dzed the importance of
scussions with litigants
In response to an inquiry from Councilman Vasquez regarding
the Coopers & Lybrand audit of the City Manager's contracts,
the City Attorney advised that he had recommended that the
audit be halted after the Committee to Restore Integrity v.
City lawsuit was filed because the audit"'was--the-subject of
the litigation and continuing the audit could have
jeopardized the City's position during the plaintiff
discovery process.
Adoption of Council Policies:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, that Council Policy No. 117, Discussions with
Litigants, and Council Policy No. 118, Discussion of
"involved the subiect matter
(amended by Council 3/3/92) -16-
2/18/92
179
Confidential Matters, be adopted. The motion carried with
Councilman Vasquez voting in opposition.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Councilman Friess noted the public hearing held on
February 13, 1992, regarding the EIR. The second
hearing for final action on the EIR is scheduled for May
1992.
b. San Joaquin Hills Transportation Corridor (800.50)
Councilman Friess stated that the court will take final
action regarding the lawsuit filed on the EIR on
February 26, 1992.
C. League of California Cities (140.20)
Councilman Hausdorfer noted that the AQMD appointment
will be continued to a second election; the date has
not vet been scheduled.
COUNCIL COMMENTS
1. AMENDMENT TO CITY COUNCIL MINUTES OF FEBRUARY 4 1992
(610.20)
Councilman Vasquez inquired about the addition made to the
Council Minutes of February 4 , 1992, regarding the City
Attorney's recommendation that discussion of the lawsuit,
Committee to Restore Integrity v. City, not be addressed in
Open Session. Councilman Vasquez stated that the Council had
not been made aware that the matter was to be discussed in
Closed Session prior to the meeting. Mayor Jones advised he
wished it to be clarified why the comment had been cut short
and read a verbatim statement made by the City Attorney at
the February 18 meeting. Councilman Hausdorfer noted that
the City Attorney did not say that the matter was agendized,
but rather that the matter would be discussed in Closed
Session.
CLOSED SESSION
Council recessed to a Closed Session at 8:55 p.m. for discussion
of real property acquisition matters (lease of property at 26755
Verdugo Street) per Government Code Section 54956.8, and personnel
matters (appointment of City Attorney) per Government Code Section
54957, the City Clerk being excused therefrom, and reconvened at
9:25 p.m.
-17-
2/18/92
1801.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:25 p.m. to the next regular meeting date of
Tuesday, March 3, 1992, at 7:00 p.m. in the City Council Chamber.
ATTEST:
r
G L J --MAYOR
Respectfully submitted,
CHERYL JOHNSON, XITY CLERK
-18-
2/18/92