98-1006_CC_Minutes_Regular Meeting1
October 6, 1998
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION 610.85
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54057.6, the City Council met with its Labor
Negotiator (City Manager) regarding Terms and Conditions of Employment for Management
and Classified Employees.
2. Pursuant to Government Code Section 54956.9(b)(2)(A), the City Council conferred with
its Legal Counsel regarding one matter.
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
MEETINGS UNTIL 7:00 P.M.
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 Father Doran Tregarthen, St. Margaret of Scotland
Episcopal Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tem
Collene Campbell, Council Member
Wyatt Hart, Council Member
David M. Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative
Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson,
Planning Director; Amy Amirani, Public Works Director; Al King, Community Services Director;
Lt. Paul Sullivan, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Jones announced there were no actions to report from the Closed Session.
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INTRODUCTION PRESENTATIONS AND DONATIONS
1. PRESENTATION BY SUPERVISOR WILSON TO PROVIDE UPDATE ON
CURRENT COUNTY ISSUES�610.40)
Written Communications:
Report dated October 6, 1998, from the Assistant City Manager advising Orange County
Fifth District Supervisor Tone Wilson would be in attendance to provide information on
current County issues and activities.
Supervisor Wilson made an oral presentation in which he commented on issues that were
dealt with at the October 6, 1998, Board of Supervisors and Local Re -Use Authority
meetings. Topics included the proposed El Toro airport, changes to John Wayne Airport and
issues regarding the CEO's contract.
2. PROCLAIMING THE WEEK OF OCTOBER 4 THROUGH OCTOBER 10, 1998
AS FIRE PREVENTION WEEK 610.40
Written Communications:
Report dated October 6, 1998, from the City Clerk, forwarding the Proclamation and
advising that the Orange County Fire Authority had requested that the City proclaim
October 4 through October 10, 1998, as Fire Prevention Week. Fire stations throughout
Orange County will host Open Houses on Saturday, October 10, to conduct station tours, and
set up special displays and safety demonstrations for the public.
The Proclamation was approved and Mayor Jones presented the Proclamation to Battalion
Chief Steve Whitaker.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.107
Council Member Greiner introduced the following persons in attendance: Al Simmons,
Seniors Liaison to the City; Dave Belardes, Cultural Heritage Commission; Richard St.
Onge, Transportation Commission; Jessica Dean, Janice Palermo, Joanne de Guevara, and
Marie Buckner, Housing Advisory Committee.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY/
CAPISTRANO VALLEY WATER DISTRICT)
None
CONSENT CALENDAR
It was moved by Council Member Hart, seconded by Council Member Greiner, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote: --
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AYES: Council Members Swerdlin, Greiner, Hart, Campbell and
Mayor Jones
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF SEPTEMBER 1, 1998
The Minutes of the Regular Meeting of September 1, 1998, were approved as submitted.
RECEIVE AND FILE WARRANTS OF SEPTEMBER 10, 1998 (300.30)
The List of Demands dated September 10, 1998, in the total amount of $719,859.16, was
ordered received and filed.
4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATION 440.10
The Report dated October 6, 1998, from the Planning Director, advising that two new
applications had been received since the last Report on September 1, 1998, was ordered
received and filed.
5. ADOPTION OF RESOLUTION ACCEPTING EASEMENT FROM
WASHINGTON MUTUAL FOR THE DOWNTOWN LIGHTING PROJECT
b70.50
As set forth in the Report dated October 6, 1998, from the Director of Engineering and
Building, the following Resolution accepting the easement offered by Washington Mutual
for installation of street light pole #1 at the northeast corner of Camino Capistrano and Del
Obispo Street was adopted:
RESOLUTION NO, 98-10-6-1 ACCEPTING EASEMENT FOR
DOWNTOWN LIGHTING PROJECT !WASHINGTON MUTUAL
BANK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT
FOR THE DOWNTOWN LIGHTING PROJECT FROM WASHINGTON
MUTUAL BANK, SUCCESSOR IN INTEREST TO GREAT WESTERN
BANK
The City Clerk was authorized to forward the easement to the Orange County Recorder for
recordation
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PUBLIC HEARINGS
1. APPROVAL OF AMENDMENT TO TITLE 9 RELATING TO THE NUMBER OF
HORSES PERMITTED PER ACRE AT COMMERCIAL STABLES
(420.301930.40)
Proposal:
Consideration of an amendment to Title 9 of the Municipal Code to increase the capacity at
commercial stables with access to designated equestrian/hiking trails from 25 horses per
usable acre to 28 horses per usable acre. This item was continued from the meeting of
September 15, 1998.
Applicant:
City of San Juan Capistrano.
Written Communications:
Report dated October 6, 1998, from the Planning Director, advising that in April the City
Council had adopted an interim ordinance that increased the holding capacity of equestrian
stables from 25 to 28 horses per acre. In addition, the interim ordinance authorized the
Planning Director to administratively approve stable improvements during this interim
period. This interim ordinance was extended by action of the City Council on May 19, 1998,
in order to consider permanent code amendment language.
The Planning Director made an oral presentation, advising that Staff had prepared the
permanent code language for formal consideration by the City Council and that the proposed
amendment had been considered by both the Parks, Recreation and Equestrian Commission
and the Planning Commission. Both commissions had both forwarded recommendations of
approval. Mr. Tomlinson also noted that the Planning Director's administrative approval
authority contained in the interim ordinance had not been included.
Public Heariniz:
Notice having been given as required by law, Mayor Jones opened the public hearing, and
there being no response, closed the hearing with the right to re -open at any time.
Introduction of Ordinance Approving Amendment:
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
Campbell, seconded by Council Member Swerdlin, that the following Ordinance be
introduced:
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - INCREASING
THE DENSITY OF HORSES ALLOWED PER ACRE AT COMMERCIAL
STABLES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 3,
ARTICLE 6, SECTION 9-3.620(a)(3)(i) TO INCREASE THE DENSITY OF
HORSES ALLOWED AT COMMERCIAL STABLES WITH ACCESS TO ---
DESIGNATED EQUESTRIAN/HIKING TRAILS FROM 25 TO 28
HORSES PER ACRE
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The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell,
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:21 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 7:26 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REQUESTS FOR SPECIAL ACTIVITIES PERMIT. USE OF PUBLIC
PROPERTIES STREET CLOSURE AND WAIVER OF FEES - LOS RIOS
HARVEST FESTIVAL (390.301820.70
Mayor Jones advised he would abstain on this item due to a conflict of interest relating to its
proximity to his residence/business.
Written Communications:
Report dated October 6, 1998, from the Economic Development Administrator, forwarding
background information on a proposed Los Rios Harvest Festival, planned by several
merchants and non-profit organizations for October 24, 1998, from 10:00 am to 6:00 p.m.
The Report advised that a Special Activities Permit had been requested to conduct the event;
that the use of public property had been requested for the jail cell park area, Los Rios Street,
and the multi -modal area behind the Vaquero West Mercantile store; that the closure of Los
Rios Street at River Street had been requested; and, that a waiver of fees and charges
associated with the event had also been requested. The Report recommended approval of the
Special Activities Permit subject to certain specific conditions; approval for use of public
property subject to insurance and encroachment permit requirements; approval of the street
closure subject to insurance and notification requirements; and, denial of the fee waiver
request due to the limited scope of the event and limited participation by merchants.
The Economic Development Administrator made an oral presentation. She explained the
difference between the proposed event and the City -sponsored Shop and Dine event. In
response to Council Member Swerdlin, who suggested that a fee waiver could be considered
in the future if the community attended the event, she indicated the merchants could be
requested to provide a report on attendance. She further indicated that the event organizers
would also like participation by merchants and restaurants outside the Los Rios area.
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Public Comments:
Phyllis Crow, 26711 Verdugo Street, owner of Moonrose, advised that this is the third annual
Harvest Festival. She advised that the Harvest Festival carried on the previous Open House
tradition in Los Rios and an October Fest/Shop and Dine held in the Franciscan Plaza. She
indicated that the organizers did not need to request the street closure; that had been the
City's suggestion. Further that the Chamber of Commerce wanted a Harvest Festival and
had encouraged the event in Los Rios. She explained why use of the ;ail site had been
requested; why they were not in a position to financially sponsor an event; and, that they had
started planning the event to support the community. She described the proposed event and
its fund raising potential.
Council Member Swerdlin noted that in the past he had asked for and received a waiver of
fees when planning the Rancho Days event because of the potential to bring the community
together in a central area. He felt the fees should be waived for this event. Council Member
Hart requested that the Cross Creek Cowboys not fire their guns.
Approval of Special Activities Permit, Use of Public Property, Street Closure and
Waiver of Fees:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried with Mayor Jones abstaining, to approve: (1) the Special Activities
Permit for the Los Rios Harvest Festival on October 24, 1998; (2) the request for use of
public properties, subject to conditions; (3) the closure of Los Rios Street at River Street,
subject to conditions; and, (4) the request to waive City fees; and, (5) to prohibit the firing
of guns by the Cross Creek Cowboys.
The City Manager advised that staff would return at a future date with a revision to the policy
regarding fees to assure staff was in line with Council intent for fee waivers.
2. APPROVAL OF PROPOSAL EVALUATION CRITERIA AND REVIE`Y
PROCESS AND ESTABLISHMENT OF COMMITTEE (CONGDON
HOUSE/AGRICULTURAL _PROPERTY (60L30)
Written Communications:
Report dated October 6, 1998, from the Economic Development Administrator, advising that
in response to the City's marketing brochure, five proposals had been received for uses that
would result in the rehabilitation and use of the Congdon House and adjacent farm land. The
Report requested approval of the following criteria that will be used to evaluate the
proposals: (1) consistency with the intent of the original bond/ballot measure endorsed by
residents; (2) viability as a use and ability to be self-sustaining; and, (3)the proposer's ability
to restore the Congdon House. The Report recommended that a sub -committee be
established for review of the proposals, composed oftwo Council Members and two Cultural
Heritage Commissioners appointed by the Mayor; and, a review process resulting in a
recommendation for negotiations forwarded for Council consideration be endorsed.
The Economic Development Administrator made an oral presentation.
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Approval of Evaluation Criteria; Review Process; and Establishment of Committee:
It wws moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to approve the recommended criteria to evaluate the proposals; to
endorse the recommended review process; to establish a sub -committee and select Council
Member Hart and Mayor Jones to serve on the committee; and, to authorize the Mayor to
appoint two Cultural Heritage Commission members to serve on the committee.
3. ADOPTION OF RESOLUTION APPROVING LOAN AGREEMENT WITH
COMMUNITY REDEVELOPMENT AGENCY AND ACCOMPANYING
PROMISSORY NOTE (TRULIS PROPERTY, PARCEL 5 OF PARCEL MAP 92-
123) (600.30)
Mayor Jones advised he would abstain on this item due to a conflict of interest relating to its
proximity to his business/residence.
Written Communications:
Report dated October 6, 1998, from the Senior Management Analyst II, forwarding a
proposed loan agreement with the Community Redevelopment Agency to lend the Agency
the $400,000 down payment for its purchase of Tom Trulis' Los Rios property, known as
Parcel 5 of Parcel Map 92-123. The report advised that in 1990 Mr. Trulis and the Agency
entered into an agreement to exchange 6 acres owned by the Agency, known as a portion of
the Lower Rosan Ranch, for 2 acres owned by Mr. Trulis in the Los Rios District, in order
to facilitate the move of Mr. Trulis' business, Solag Disposal, out of the Los Rios area.
Since that time, Mr. Trulis had obtained a site on the Rancho Santa Margarita property in the
County unincorporated area off Ortega Highway and had relocated the majority of his
operations to that site. Mr. Trulis no longer needed the Lower Rosan site, but did need funds
to develop the new site. Agency staff proposed outright purchase of the Los Rios property.
The Loan will be repaid when the current suspension on certain building permits during the
General Plan updatc has been lifted and the Lower Rosan Ranch site has been sold.
The Senior Management Analyst II made an oral presentation.
Adoption of Resolution Approving Loan. Agreement:
It was moved by Council Member Swerdlin and seconded by Council Member Hart to adopt
the following resolution:
RESOLUTION NO. 98-_10-6-2. APPROVING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY (TRULIS/PARCEL 5,
PARCEL MAP 92-123)
The motion carried by the following vote:
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0
AYES: Council members Swerdlin, Greiner, Hart and Campbell
NOES: None
ABSENT: None
ABSTAIN: Mayor Jones
Written Communications:
Report dated October 6, 1998, from the City Manager, recommending that the City oppose
Proposition 5. The Report stated that the Proposition would require the Governor to "rubber
stamp" any casino proposed by an Indian tribe, which would eliminate any meaningful
involvement of the Governor and eliminate the State's ability to insure that the proposed
casino would not damage the public safety and welfare.
The City Manager made an oral presentation.
Opposition to Proposition 5:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried to oppose Proposition 5, the Indian Casino Gamb:;ng Initiative.
5. POSITION OF OPPOSITION TO PROPOSITION 9 ON THE NOVEMBER 1998
BALLOT - 199$_ ELECTRIC UTILITY INITIATIVE (630.30
Written Communications:
Report dated October 6, 1998, from the City Manager, recommending that the City oppose
Proposition 9. The Report stated that the Proposition would harm California's economic
recovery by dismantling the State's emerging competitive electric marketplace, eliminate
competition and customer choice, and if passed would require taxpayers to be responsible
for repaying $6 billion in bonds that were sold by private parties.
The Assistant City Manager, made an oral presentation.
Public Input:
Mark Gaughan, representing San Diego Gas & Electric, noted that many groups had studied
the initiative and had taken positions of opposition; further, that the Proposition appeared to
have a negative impact on many individuals and organizations.
Council Comments
Council Member Swerdlin stated that while he did not necessarily support the Proposition,
he did not support the de -regulation as it was set up and did not support the City taking a
position in opposition to the Proposition.
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Opposition to Proposition 9
It was moved by Council Member Greiner and seconded by Council Member Hart and
carried with Council Member Swerdlin voting in opposition, to take a position in opposition
to Proposition 9 - the 1998 Electric Utility Initiative.
6. CONTINUATION OF OWNER PARTICIPATION AGREEMENT (BEN
WESELOH - WESELOH CHEVROLET/HONDA AUTO DEALERSHIP) (60030)
Written Communications:
Report dated October 6, 1998, from the Senior Management Analyst 11, advising that
Redevelopment law, Health and Safety Code Section 33445, requires that the City Council
also consent to the Owner Participation Agreement proposed between the Redevelopment
Agency and Bel Weseloh for reimbursement of public improvements at the northwest corner
of Stonehill Drive and Camino Capistrano. The Report recommended Council consent to
the Agreement.
Continuation of Item:
In conjunction with the Community Redevelopment Agency's action, this item was continued
to the October 20, 1998, City Council meeting.
ENGINEERING AND BUILDING DIRECTOR
1. APPRO";'AL OF BUDGET AMENDMENTS - DESCANSO VETERANS PARK
AND TOT LOT AND MISSION BELL PARK EQUIPMENT REPLACEMENT
(600-30)
Written Communications:
Report dated October 6, 1998, from the Engineering and Building Director, recommending
transfer of $20,000 in surplus funds from the Mission Bell Park Equipment Replacement
project to the Descanso Veterans Park and Tot Lot project. The Report advised that no bids
had been received when the project was first advertised; on July 21, 1998, staff had been
authorized to receive informal bids and the City Manager had been authorized to sign a
contract for the work. The low informal bid received for the Descanso Veterans Park and
Tot Lot project was approximately $20,000 more that the Engineer's estimate. Staff had
determined that the Mission Bell Park Equipment could be replaced for $35,000, rather than
the budgeted $55,000 and; therefore, the proposed budget amendment would provide for full
funding of both projects.
The Director of Engineering and Building made an oral report.
Approval of Budget Amendments
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried to authorize the transfer of $20,000 in surplus funds from the Mission
Bell Park Equipment Replacement Project (CIP No. 46 1) to the Descanso Veterans Park and
Tot Lot Projects (CIP No. 465).
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POLICE SERVICES
Mayor Jones introduced Lt. Bill Leonard, who will assuming the duties of Chief of Police Services.
INTRODUCTION OF AN AMENDMENT TO TITLE 5 RELATING TO
DISTURBING THE PEACE 580.30
Written Communications:
Report dated October 6, 1998, from the Chief of Police Services, forwarding a proposed
ordinance designed to allow officers responding to nuisance/loud party calls to take
immediate action themselves and not require residents to sign an arrest form. The Ordinance
provides that if an officer can hear amplified sounds coming from a home at a distance of 25
feet during the hours between 10:00 p.m. and 7:00 a.m, the owner/residents could be cited.
The Report further advised that cities with similar ordinance had reported a substantial
reduction in loud party calls, which allowed officers more time for other duties.
The Chief of Police Services made an oral presentation. He noted that although the problem
had been identified through involvement with Community Based Policing and the data to
support the Ordinance had come from two condominium complexes, it was a universal
problem and would apply City-wide. He recommended that additional language be included
to address sounds emanating not only from within a building or structure, but from anywhere
on the property.
Council Comments
Council Member Hart expressed concern that 25 feet may not be reasonably far enough. Lt.
Sullivan responded that with good public education the City of San Clemente has made a
similar ordinance work for them.
The City Manager stated that the regulations would be monitored and a report provided
within four to five months.
Introduction 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
Campell, seconded by Council Member Greiner, that the following Ordinance be introduced
as amended to address noise arising from anywhere on the property:
AMENDING TITLE 5 OF THE MUNICIPAL CODE TO ESTABLISH
NOISE REGULATIONS RELATING TO DISTURBING THE PEACE -AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING NOISE REGULATIONS BY ADDING
CHAPTER 30 TO TITLE 5 "PUBLIC WELFARE' OF THE MUNICIPAL
CODE (DISTURBING THE PEACE)
The motion carried by the following vote:
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AYES: Council Members Swerdlin, Greiner, Hart, Campbell,
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
ORDINANCES
None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill Eastern Corridor 800.50
Council Member Campbell noted official opening ceremonies will be held on
October 15, 1998, and she invited attendance. She advised that the contractor had
completed the work early and under budget. She further noted that the Executive
Director, Bill Woollett, will be leaving and that an award will be presented to him at
the opening ceremonies.
b. Southeast Regional Reclamation Authorit (Y 1040.E
Mayor Jones noted that the recent meeting report will be available in the Council
slots.
C. League of California Cities 140.20
Council Member Greiner noted that he and Council Member Swerdlin had attended
the League's Annual Conference this past weekend in Long Beach, and he will make
a packet of information available. Council Member Greiner also discussed some of
the highlights of Dan Lungren's opening speech.
d. Orange County Joint Fire Authority (540.80)
Council Member Greiner noted that a meeting had been held on September 24, 1998,
with discussion held regarding the proposed elimination of the paid call firefighters
program to be replaced by a reserve firefighter program effective January 1, 1999.
That issue was referred to the Administrator/Personnel Committee for
recommendation to the Board.
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Library Advisory Board (950.20)
Council Member Greiner noted that on September 24, 1998, individual city operating
budgets had been reviewed. He stated that adjustments of $3 million returned by the
State will allow each network library to receive five additional new Internet -capable
personal computers.
f. Joint Powers Insurance Authority 170.30
Council Member Swerdlin noted that he will be attending a seminar from October
18 through October 21, 1998, and will not be in attendance at the next Council
meeting.
COUNCIL COMMENTS
Police Services (580.10)
Council Member Campbell welcomed the new Chief of Police Services, Lt. Bill Leonard,
and bade farewell to Lt. Paul Sullivan.
2. Community Center Grand Opening (210.10)
Council Member Campbell was advised that the Community Center Grand Opening was
tentatively scheduled for November 22, 1998.
2. Sto . tri elling Festival (150.60
Mayor Jones invited attendance at the Annual Storytelling Festival which will begin Friday
evening at 7:00 p.m. and continue all day long on Saturday.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:15 p.m. to the
next regular meeting date of Tuesday, October 20, 1998, at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
ERYL J S , CITY CLERK
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