92-0317_CC_Minutes_Regular MeetingMARCH 17, 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 7:00
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Monsignor Paul
Martin of the Mission San Juan Capistrano.
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; Jon Goetz, Deputy
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; Dick Bobertz, Land Use Manager; Nancy Bernardi,
Recording Secretary.
MINUTES
Regular Meeting of March 3. 1992:
It was moved by Councilman Harris, seconded by Councilman Friess,
that the Minutes of the Regular Meeting of March 3, 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
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.
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PRESENTATIONS AND COMMENDATIONS
CAPISTRANO 2000 - A BLUEPRINT FOR EXCELLENCE
(CAPISTRANO UNIFIED SCHOOL DISTRICT) (515.20)
Barbara Smith, Director of Curriculum and Instruction for the
Capistrano Unified School District, gave an oral and video
presentation regarding the development of a strategic
educational plan for the District.
PRESENTATION OF AWARD FOR OUTSTANDING FINANCIAL
REPORTING FROM CALIFORNIA SOCIETY OF MUNICIPAL
FINANCE OFFICERS (330.10)
Written Communication:
Report dated March 17, 1992, from the City Manager,
commending Cindy Pendleton, Accounting Officer, for her work
in the preparation of the City's annual financial statement,
which resulted in the City receiving the 1990-91 Certificate
of Award for Outstanding Financial Reporting.
Presentation of Award:
Ms. Pendleton presented the 1990-91 Certificate of Award for
Outstanding Financial Reporting to the City Council. Mayor
Jones commended Ms. Pendleton's work and dedication, and
Ms. Pendleton expressed appreciation to the Administrative
Services staff for their assistance.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
FENCING AT PARK/SYCAMORE STABLES (920.101
Ben Michalec, 26376 Oso Road, requested assistance from the
City to resolve the visual impacts created by the
installation of a fence by Sycamore Stables on City park land
between the Capistrano Villas and the stables. He felt that
the fence destroyed the neighborhood's view of the open space
area and would reduce property values in the area. Tiffany
Ashley, 30888 Avenida de la Vista, president of Capistrano
Villas Homeowners Association, noted that she had received
complaints regarding the fence and suggested that a different
type of fence be considered to mitigate the neighborhood's
concerns.
Mr. Scarborough indicated that since the March 3 meeting,
staff studied the conditions of approval in the Resolution
for Sycamore Stables and met with Mr. Michalec, but found no
condition which regulated the type of fencing to be
installed. He noted that Sycamore Stables had installed the
fence for security purposes.
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Councilman Friess recalled that at the time the stables
operation was originally approved, residents had requested
that sensitivity be accorded to the Villas residents to
mitigate impacts from the stables operation. He felt that
installing the fence for security purposes was reasonable;
however, it should be done in the spirit of the original
understandings between the stables and the residents. He
suggested that the fence might be relocated downslope.
Councilman Hausdorfer concurred and requested that the
appropriate information be provided to the residents and the
matter be resolved.
It was a consensus of the Council that the Assistant City
Manager meet with the residents to resolve their concerns.
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, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSTAIN: Councilman Harris
ABSENT: None
1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF
FEBRUARY 29. 1992 (350.30)
The City Treasurer's Report of Investments as of February 29,
1992, in the total amount of $17,485,713.84 was received and
filed.
E. REPORT OF • AND RECREATION TRAILS COPT-W-13COIN
ACTIONS
The Report dated March 17, 1992, from the Director of
Community Services, regarding actions taken at the meeting
of February 24, 1992, was ordered received and filed.
The Report dated March 17, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
February 27, 1992, was ordered received and filed.
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4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated March 17, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
March 10, 1992, was ordered received and filed.
CULTURAL HERITAGE COMMISSION APPROVAL OF THE FINAL
WORKING DRAWINGS FOR THE HISTORIC DEPICTION PROGRAM
FOR OCEAN HILLS COMMUNITY CHURCH LOCATED AT 32222
DEL OBISPO STREET - ARCHITECTURAL CONTROL 90-12
(610.30/410.60)
The Report dated March 17, 1992, from the Director of
Planning Services, forwarding the Cultural Heritage
Commission's February 25, 1992, approval of the Final Working
Drawings for the Historic Depiction Program for Ocean Hills
Community Church, was received and filed. The Historic
Depiction Program consists of a plaque to be located on the
east side of the historic Cook residence.
6. AWARD OF CONTRACT - 1992 WEED ABATEMENT PROGRAM
(H&M EXCAVATING, INC.) (600.301
7.
As set forth in the Report dated March 17, 1992, from the
Director of Public Lands and Facilities, the bids for the
1992 Weed Abatement Program were accepted as complete and the
contract was awarded to the low responsible bidder, H & M
Excavating, Inc. in the amount of $10,687.19. The Mayor and
City Clerk were authorized to execute the contract on behalf
of the City.
As set forth in the report dated March 17, 1992, from the
Director of Planning, the following Resolution setting forth
the March 3rd City Council conditions of approval and
including an applicant -requested modification which would
obligate the school to complete the visual landscape
mitigation plan by June 19, 1992, was adopted:
RESOLlTlON NO 92-3-17-1. APPROVING MODIFICATION
TO ARCHITECTURAL CONTROL 85-7 - EXTENSION OF TIME
FOR USE OF TEMPORARY STRUCTURES (STONEYBROOKE
rHRISTIAN SCHOOL) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A MODIFICATION TO
ARCHITECTURAL CONTROL 85-07 TO ALLOW AN EXTENSION
OF TIME FOR THE CONTINUED USE OF TEMPORARY MODULAR
BUILDINGS AND A SPECIFIC PROGRAM FOR RELOCATION OF
SAID FACILITIES LOCATED AT 26300 VIA ESCOLAR
(STONEYBROOKE CHRISTIAN SCHOOL)
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PUBLIC HEARINGS
1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT -
VAQUERO WEST MERCANTILE (SAN JUAN SALOON)
(CONTINUED FROM MARCH 3. 1992) (400.20)
Proposal:
Joint Hearing held to consider a proposed lease agreement
with Vaquero West Mercantile for the San Juan Saloon
property. The hearing was continued from the meeting of
March 3 to allow final technical review by staff of the
proposed ten-year lease agreement.
Written Communication:
Report dated March 17, 1992, from the Director of Administra-
tive Services, recommending that the hearing be continued to
the meeting of April 7, 1992, at the request of Tim Holsten,
owner of Vaquero West Mercantile.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing and, there being no response, with
the consensus of the Council, Mayor Jones directed that the
public hearing be continued to the meeting of April 7, 1992.
RECESS AND RECONVENE
Council recessed at 7:40 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:41 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REPORT ON VENDOR AND OUTDOOR SALES (390.60)
Written Communication:
Report dated March 17, 1992, from the Assistant City Manager,
recommending provisions to be incorporated into the Municipal
Code regulating vending. The provisions were recommended in
response to complaints from flower shop owners in the City
regarding the sale of flowers by outside temporary vendors
in close proximity to their shops on Valentine's Day.
Mr. Scarborough discussed the five provisions recommended for
incorporation into the City's vending regulations. He
advised that following review of the current regulations,
staff and the City Attorney had concluded that although the
vending regulations do not restrict vending from private
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property, a requirement in the Land Use regulations for land
use compliance was applicable. The City has not required
that vending on private property be subject to zoning
regulations; however, vending from private property will not
now be allowed without zoning compliance occurring through
the land use process, which would require that a site plan
be modified by the Planning Commission through the normal,
noticed process.
Councilman Hausdorfer felt that outside vendors should not
be altogether prohibited since some vending is desirable,
such as during athletic games. He suggested that the
regulations should work in a fair and reasonable manner and
at the same time protect the on-going merchants; that
regulations specifically addressing vending during holidays
may need to be considered. Councilman Vasquez suggested that
consideration be given to not permitting certain types of
vendors on certain holidays.
Councilman Harris stated that he was sympathetic with the
local merchants' concerns; however, he did not want to
prohibit such activities as ice cream trucks and the selling
of flowers in restaurants. He stated he did not want to
over -regulate vending and that careful review should be given
to all the ramifications of a stronger ordinance. He
suggested that local businesses could be given preferential
treatment in terms of their own vending operation.
Mr. Julian stated that the proposed ordinance would be
thoroughly reviewed by the City Attorney to ensure that the
regulations are enforceable and that the City does not appear
to be an economic protectionist.
Mayor Jones cited the need for enforcement and was advised
that the Sheriff's Department would be responsible for
enforcement.
it was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that staff be directed to
prepare draft Ordinances, for Council consideration
incorporating the following provisions:
(1) The present fee of $38 for a vending permit be
increased.
(2) The Land Use Code shall be amended to provide that it
is a violation of the Municipal Code to vend from
private property for more than 15 minutes without first
obtaining approval through the Development Review
process of Title 9 of the Municipal Code.
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(3) Vending within 500 feet of a school or public park shall
be prohibited.
(4) Blocking or interfering with pedestrian traffic on
sidewalks shall be prohibited.
(5) A completed application for a vending permit must be
received a minimum of 30 days prior to the requested
date of issuance.
2. CONSIDERATION OF REQUEST FOR CONTRACT EXTENSION FOR
Written Communication:
Report dated March 17, 1992, from the Senior Management
Assistant, recommending that the request by Medix Ambulance
Service to extend their contract for an additional four-year
period for emergency medical transport service be approved,
as provisioned in the terms of their agreement with the City.
The City bears no direct cost for this contract, as costs for
the service are borne by service users.
Jennifer Murray, Senior Management Assistant, made an oral
presentation.
Approval of Contract Extension:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the contract with Medix
Ambulance Service, Inc. for emergency medical transport
service be extended for a four-year period, beginning
January 1, 1993, to December 31, 1996, with the finding that
the service has been significantly above that set by the
contract.
s • • ,M • •+! z • •
x
Report dated March 17, 1992, from the City Manager,
recommending revisions to the City's Personnel Rules and
Regulations to bring them into conformance with the changes
agreed to in Memoranda of Understanding adopted since
September 6, 1988, and with recent changes in personnel law.
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
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RESOLUTION NO 92-3-17-2 ADOPTING NEW PERSONNEL
RULES AND REGULATIONS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REPEALING RESOLUTION NO. 88-9-6-5, AND
ALL AMENDMENTS THERETO, AND ADOPTING IN PLACE
THEREOF NEW PERSONNEL RULES AND REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF PLANNING SERVICES
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
written Communication:
Report dated March 17, 1992, from the Director of Planning
Services, advising that two new development applications were
received by the City since the last report of February 18,
1992.
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried that the report be received
and filed.
DIRECTOR OF ENGINEERING AND BUILDING BERVICEB
1. RESOLUTION REQUESTING FUNDS FROM THE ORANGE COUNTY
COMBINED TRANSPORTATION FUNDING PROGRAMS FOR VARIOUS
IMPROVEMENTS (940.45)
Written Communication:
Report dated March 17, 1992, from the Director of Engineering
and Building, recommending that the City request an
allocation of funds from programs of the Orange County Local
Transportation Authority for the widening of Del Obispo
Street from Paseo de la Paz to Calle Aspero; the
signalization of the intersections of Camino
Capistrano/Junipero Serra Road, Del Obispo Street/Aguacate
Road, and Rancho Viejo Road/Village Road; and hardwire
interconnect on Del Obispo Street between Alipaz Street and
Camino Capistrano.
Councilman Hausdorfer noted that the appellate court upheld
the provisions of Measure M this date, and that funding will
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be made available in the near future if the matter is not
appealed to the State Supreme Court.
Approval to Reauest Funding:
It was moved by Councilman Harris, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 92-3-17-3. REQUEST FOR FUNDS FROM
THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING
PROGRAMS FOR VARIOUS IMPROVEMENTS - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE
COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD
OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY
COMBINED TRANSPORTATION FUNDING PROGRAMS FOR THE
IMPROVEMENT OF: THE SIGNALIZATION OF THE INTERSEC-
TIONS OF CAMINO CAPISTRANO/JUNIPERO SERRA ROAD, DEL
OBISPO STREET/AGUACATE ROAD, AND VILLAGE ROAD/RANC-
HO VIEJO ROAD; HARDWIRE INTERCONNECT ON DEL OBISPO
STREET BETWEEN THE INTERSECTIONS OF ALIPAZ STREET,
PASEO ADELANTO, AND CAMINO CAPISTRANO; AND IMPROVE-
MENTS OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO
CALLE ASPERO
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY SERVICES
1. CONSIDERATION OF SAN JUAN MARKETPLACE DOWNTOWN EVENT (150 60)
Written Communication:
Report dated March 17, 1992, from the Director of Community
Services, recommending that the Council approve the concept
of a monthly community -oriented event in the City's downtown
area to be called "San Juan Market Place" to encourage
interaction among merchants, residents, and visitors. The
event would be held the first Thursday of each month from
6:00 p.m. to 9:00 p.m., with the first one proposed for
May 7, 1992.
Mr. Julian made an oral presentation noting that the event
provided an opportunity for merchants to promote their
businesses.
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Mr. Huber summarized the proposed activities and traffic
issues for the event. Street closures would begin about 4:00
p.m., with access for emergency vehicles only. He felt that
motorists would eventually become familiar with the monthly
street closures and would be able to accommodate revised
traffic patterns. The Sheriff's Department plans to utilize
as much volunteer service as possible to reduce their costs.
He felt that the fair might generate sufficient revenue to
cover the City's costs and that issues of concern could be
resolved. It is proposed that the fair be re-evaluated after
the first two events.
The Council generally expressed concern that all local
businesses be given a fair chance to participate in the
event.
Mike Darnold, 26022 Avenida Mariposa, and Tricia Elflein,
31831 Via Puntero, organizers of the event, stated that
applications to rent space at the fair would be sent to all
persons who have a business license in the City; applications
would be received on a first-come, first -serve basis and
would be limited to local businesses. Merchants would be
able to sell only those items which they would normally sell
at their place of business. One hundred 10' x 10' spaces are
proposed, to include non-profit organizations, service
businesses, entertainment, media, educational, etc. When the
spaces become full, applicants would be placed on a rotating
waiting list, with new applicants placed at the bottom of the
list. If a business misses two events, their name would be
placed at the bottom of the list. It is anticipated that the
City would be reimbursed for its costs as soon as possible.
No alcoholic beverages would be sold. The steering committee
for the event consists of community leaders and the Chamber
of Commerce president.
The Council was generally in full support of the concept for
the fair and made the following comments:
Councilman Vasquez cited concern with traffic impacts and
recommended that the costs, inconvenience to commuters, and
benefits to the participating merchants be evaluated.
Councilman Harris cited support for the event due to its
benefit to the community and a bolstering of community _
spirit. He concurred regarding traffic impacts. Councilman
Hausdorfer also cited support for the event and suggested
that staff assist the organizers with "cutting through the
red tape" to meet the health and AQMD requirements. He
emphasized that the event should become self-sufficient.
Councilman Friess felt that the fair would be very successful
and because of that, expressed concern that all businesses
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would have equal opportunity to participate. He suggested
that a lottery system be considered to prevent aggressive
businesses from always being included. Mr. Darnold stated
that the proposed method has worked with other cities (San
Luis Obispo and Vista); however, the organizers would modify
the proposal to fit the situation, if necessary.
Conceptual Approval of Event:
It was moved by Councilman Harris, seconded by Councilman
Hausdorfer, and unanimously carried that:
(1) The concept of the event, "San Juan Market Place," be
approved, pending the receipt of approvals from various
other County agencies;
(2) The Director of Engineering and Building be authorized
to issue to organizers a Special Event Street Closure
Permit, as set forth in Section 4-6.1002 of the Munici-
pal Code, upon the receipt of all necessary permits from
other jurisdictional agencies; and
(3) The placement of banners be authorized at various
approved street banner locations in the community,
subject to staff approval of the banner design and
specifications.
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
League of California Cities (140.20)
Councilman Hausdorfer noted that the issue of the appointment
to the AQMD was resolved --Mr. Wedaa will retain his position.
COUNCIL COMMENTS
1. LITTLE LEAGUE FIELD (COOK PARK LA NOVIAI (960
Councilman Hausdorfer expressed appreciation to the Community
Services staff and the Parks and Recreation Commission for
their quick response in the preparation of the new Little
League field at Cook Park La Novia.
Councilman Friess noted that traffic problems have arisen at
the park from double and triple parking and street vendors.
Staff was requested to resolve this issue before patterns
have been established.
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2. HISTORIC TOWN CENTER PROJECT (&00.:!10)
Councilman Hausdorfer noted that he and the City Manager had
bet with Dene Oliver of Oliver & McMillan, who had requested
consideration of reimbursing that the company's substantial
costs for developing the Historic Town Center plan, which is
now defunct.
It was a consensus of the Council that the City Manager meet
with Mr. Oliver to clarify and resolve the issues.
3. RANCHO CAPISTRANO COMMUNITY CHURCH USE PERMIT 91-13 APPEAL
(440.40)
Councilman Friess advised that the appeal of the Rancho
Capistrano Community Church project would be heard by the
Board of Supervisors on March 24th and that he intended to
be present at the meeting to clarify what he perceived
happened with regard to the letter from the City to the
Orange County Planning Commission on the project. He stated
that he would attend in an official capacity if there were
no objections and would clarify what the Planning Commission
and Design Review Commission were trying to say and the
r. --esent the general philosophy of the City. He stated that
s._..f had prepared a letter for review by the two Commissions
that clarified the situation and he would like to be present
to reinforce the letter.
It was a consensus of the Council that Councilman Friess
attend the hearing on behalf of the City to reinforce the
intent of the letter to the County Planning Commission, as
long as the Board of Supervisors was aware that he was not
there in an appeal capacity.
There being no further business before the Council, the meeting
was adjourned at 8:55 P.M. to the next regular meeting date of
Tuesday, March 31, 1992, at 1:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL J601SOW, CITY CLERK
ATTEST:
GIL JONES, MAYOR
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