93-0720_CC_Minutes_Regular MeetingJULY 20, 1993
' REGULAR MEETING OF THE CITY COUNCIL,
OF THE CITY OF SAN JUAN CAPWrRANO, 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 Reverend Doran Tregarthen of St. Margaret of Scotland Episcopal Church.
ROLL CALL PRESENT: Gil Jones, Mayor
Collene Campbell, Council Member
Gary L. Hausdorfer, Council Member
Carolyn Nash, Council Member
Jeff Vasquez, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K Denhalter, City Attorney; Cheryl Johnson,
City Clerk; Cynthia L. Pendleton, Interim Director of Administrative Services; William M. Huber, Director of
Engineering and Building Services; Dick Bobertz, Planning Manager; AI King, Jr., Director of Community
Services; Nancy Bernardi, Recording Secretary.
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried
' that all Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
1. DEPUTY OF THE YEAR AWARD (610.401
Written Communication:
Report dated July 20, 1993, from the Council Services Manager, noting the Sheriffs Department
selection of Deputy John Wagner as the 1993 "San Juan Capistrano Deputy of the Year" in honor of
his excellent service.
Acce4tance of Presentation:
Lt. Martini spoke regarding Deputy Wagner's background and his accomplishments. Mayor Jones
presented Deputy Wagner with a plaque and certificate honoring him as the City s Deputy of the Year,
and Council Member Campbell presented a similar plaque for display at City Hall. Deputy Wagner
stated that he shared the award with his fellow deputies because of their spirit and support.
None.
CONSENPCALENDAR
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by
' the following vote:
City Council Minutes -1- 7/20/93
)24
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
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The Minutes of the Regular Meeting of June 15, 1993, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR
MEETING OF JUNE 15. 1993
The Minutes of the Regular Meeting of June 15, 1993, were approved as submitted.
3. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF
JUNE 30. 1993 (350.30)
The City Treasurer's Report of Investments as of June 30, 1993, in the total amount of $19,005,613.14
was received and filed.
4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated July 20, 1993, from the Planning Director, advising that six new development
applications were received by the City since the last report of June 15, 1993, was received and filed.
5. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS -
CITY STREET LIGHT MAINTENANCE AND REPAIRS (600.30)
As set forth in the Report dated July 20, 1993, from the Director of Public Lands and Facilities, the
specifications were approved for the maintenance of City -owned street lights. Staff was authorized to
call for bids for an annual contract, including pricing on both a per -hour and a per -lamp basis.
6. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR DESIGN ENGINEER -
PARKWAY IMPROVEMENT. CAMINO LAS RAMBLAS/VIA CALIFORNIA (NOLTE
AND ASSOCIATES) (600.30)
As set forth in the Report dated July 20, 1993, from the Director of Engineering and Building, the
Consulting Services Agreement with Nolte and Associates was approved in the amount of $66,594 for
the design and construction inspection of the Camino Las Ramblas Parkway improvements at Via
California. The project will increase the sight distance at the southwest corner of Camino Las Ramblas
and Via California.
7. AWARD OF CONSULTANT SERVICES AGREEMENT FOR COMMUNITY SERVICES
DEPARTMENT QUARTERLY BROCHURE (COMMUNITY SERVICES NETWORK
INC.) (600,30)
As set forth in the Report dated July 20, 1993, from the Director of Community Services, the three-year
contract ending June 30, 1996, for the publishing and printing of the Community Services Department's
Quarterly Brochures was awarded to Community Services Network, Inc. in the total amount of $10,100
for Fiscal Year 1993-94.
City Council Minutes -2- 7/20/93
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8. APPROVAL OF DESIGN FUNDING DEPOSIT WITH PACIFIC BELL FOR WORK
' RELATED TO THE SAN JUAN CREEK RAILROAD BRIDGE RECONSTRUCTION
AND TRACK REALIGNMENT (820.45)
As set forth in the Report dated July 20, 1993, from the Director of Engineering and Building, the
Design Funding Deposit in the amount of $21,000 was approved to Parc Bell for the design and
construction costs related to the relocation of their facility to accommodate the San Juan Creek Railroad
Bridge Reconstruction and Track Realignment project. The City Manager was authorized to execute
the letter agreement on behalf of the City.
9. DENIAL OF CLAIM FOR INDEMNITY (NATION-WIDE HORSE TRANSPORTATION)
(170.10)
The claim received by the City from Nation -Wide Horse Transportation for property damage and
indemnity was denied, as set forth in the Report dated July 20, 1993, from the City Attorney.
10. RESOLUTION APPROVING COOPERATION AGREEMENT - COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, YEARS 20. 21. AND 22 (COUNTY OF
ORANGE) (600.50)
As set forth in the Report dated July 20, 1993, from the Planning Director, the following Resolution was
adopted approving the City's continued participation in the Community Development Block Grant
Program from 1994 through 1996:
RESOLUTION NO. 93-7-20-1. APPROVING THREE-YEAR COOPERATION
AGREEMENT - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
FISCAL YEARS 1994, 1995 AND 1996 (YEARS 20. 21 AND 22) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN
THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM WITH THE COUNTY OF ORANGE (THREE-YEAR
COOPERATION AGREEMENT, FISCAL YEARS 1994, 1995, 1996) (YEARS 20,
21, AND 22)
PUBLIC HEARINGS
1. REQUEST FOR A
ONE-YEAR EXTENSION
OF TIME
FOR ARCHITECTURAL
CQN_TROL APPROVALS
FOR AUTO DEALERSHIP
- ARCHITECTURAL
CONTROL
88-1. ZONE VARIANCE
88-5 (,SAN JUAN LINCOLN
-MERCURY)
(410.60)
Council Member Campbell indicated that she had a potential conflict of interest due to the proximity of her
residence to this project and would abstain from voting.
Propo :
Consideration of a request for a one-year time extension for the previously approved Architectural
Control and Zone Variance applications for a 23,720 -square -foot Lincoln-Mercury car dealership to be
located east of Valle Road, 173 feet south of the Yates Volkswagen car dealership, which was previously
known as San Juan Chrysler. The extension will allow time to resolve issues regarding easements,
setbacks, and access with TMC, the adjacent property developer.
Prg=rty Owner:
' Gary Pfleiger
12 Hunter
Coto de Caza, CA 92679
Prolmrrty Owner:
Michael J. Alex
5 Mantenida
Coto de Caza, CA 92679
City Council Minutes -3- 7/20/93
Written Communication:
Report dated July 20, 1993, from the Planning Director, recommending that the request for a one-year _
time extension be granted. The report advised that the applicant had met some of the conditions of
approval and that the conditions relating to public improvements had been reworded to reflect changed
conditions and recent development activities in the area.
Mr. Bobertz made an oral presentation and noted that this request was the third one-year time
extension requested by the applicant.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Jerry Appleget, civil engineer for the project, voiced his support for the staff recommendation.
He noted that the Lusk Company has withdrawn from their project and would not be
participating in the costs for the intersection improvements, forcing the applicant to bear the
costs of the improvements. He stated that the applicant is currently working with staff to
resolve details of those improvements and that the architectural design contract has been
awarded.
(2) Richard Hill Adams, 33532 Valle Road, stated that he has always been opposed to this project
and expressed concerns regarding the applicant's timely construction of improvements to San
Juan Creek Road and Valle Road. He felt that the improvements would take much longer than
the one-year time extension because of the arrangements necessary to relocate power poles.
He emphasized the need for an electric gate on Valle Road, after the road improvements have
been installed, to prevent test-driven vehicles from the nearby car dealerships from entering the
residential community. He requested that all necessary road improvements and the electric
gate be installed prior to the issuance of Building Permits.
There being no further input, the hearing was declared closed with the right to reopen at any time
Council Discussion:
Council Member Nash inquired whether the conditions imposed on the project addressed all of
Mr. Adams' concerns. Mr. Bobertz indicated that all concerns, including the electric gate, were
addressed and would be required prior to the issuance of Occupancy Permits. Mayor Jones cited
concerns that the signalization and improvements of the San Juan Creek Road/Valle Road intersection
should be completed as soon as possible. Mr. Bobertz suggested that condition could be modified to
require completion prior to the issuance of Building Permits. Mr. Huber expressed concern with tying
the improvements to occupancy, stating it was difficult to hold up occupancy for a signal installation.
He felt it would be stronger to require the installation of improvements prior to issuance of Building
Permits and noted that the off- and on-site improvements could be constructed concurrently. Mr.
Scarborough suggested that the project be approved with a condition to require that the timing of the
signal installation be approved by the City Council prior to the issuance of any Building Permits, which
would allow City staff to evaluate this issue separately. Council Member Hausdorfer expressed concern
that requiring the improvements before the issuance of Building Permits could force the dealership out
of town and stated that all of Mr. Adams' concerns would be resolved with the construction of this
dealership.
Motion to Approve Extension of Time As Proposed in the Staff Report (failed):
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the
proposed Resolution be adopted conditionally approving a one-year time extension for AC 88-01 and
Zone Variance 88-5, as recommended in the Report. The motion failed by a 2-2-1 vote, with Council —
Member Nash and Mayor Jones voting in opposition and Council Member Campbell abstaining.
City Council Minutes 4- 7/20/93
2.
Council Member Nash recommended that the timing of the signal installation should be analyzed by
staff and brought back to the Council as a separate issue prior to the issuance of Building Permits.
Adoption of Resolution Approving a One -Year Time Extension:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following
Resolution be adopted extending the approvals for Architectural Control 88-1 to May 16, 1994, with the
requirement that the issue of timing for the signal installation at Valle Road and San Juan Creek Road
shall be analyzed separately by staff and brought back for Council review with a staff recommendation
prior to the issuance of Building Permits:
RESOLUTION NO. 93-7-20-2. APPROVING EXTENSION OF TIME FOR
ARCHITECTURAL CONTROL 88-1 APPROVALS - SAN JUAN LINCOLN -
MERCURY -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING ONE-YEAR EXTENSION OF
TIME OF ARCHITECTURAL CONTROL 88-1 APPROVALS - SAN JUAN
LINCOLN -MERCURY (FORMERLY KNOWN AS SAN JUAN CHRYSLER)
The motion carried by the following vote:
AYES: Council Members Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSTAIN: Council Member Campbell
ABSENT: None
REQUEST FOR A ONE-YEAR TIME EXTENSION - VESTING TENTATIVE TRACT
MAP 13726. PLANNING AREA H (GLENFED DEVELOPMENT CORPORATION)
(420,40)
Proposal:
Consideration of a request for a one-year time extension for Vesting Tentative Tract Map 13726 for the
proposed Glenfed Area H project, consisting of 63 custom lot subdivisions to be located at the terminus
of Camino La Ronda.
Applicant:
Ms. Louise Rice -Lawson Consultants
c/o Ms. Sarah Garland
Glendale Federal Development Corporation
16601 Ventura Blvd.
Encino, CA 91436
Written Communication:
Report dated July 20, 1993, from the Planning Director, recommending that the request for a one-year
time extension be granted, subject to the same conditions of the original project approval.
Public Hearin ¢:
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 reopen at any time.
City Council Minutes
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7/20/93
Adoption of Resolution Approving One -Year Time Extension for
Vestine Tentative Tract Man 13726:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted extending the approvals for Vesting Tentative Tract Map 13726 to June 18, 1994:
RESOLUTION NO. 93-7-20-3. APPROVING TWELVE-MONTH EXTENSION OF
APPROVALS FOR VESTING TENTATIVE TRACT MAP 13726/AREA
PLAN/COMPOSITE DEVELOPMENT PLAN FOR GLENDALE FEDERAL
AREA H (GLENFED DEVELOPMENT CORPORATION) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A TWELVE-MONTH TIME EXTENSION FOR
TENTATIVE TRACT MAP 13726/AREA PLAN/COMPOSITE DEVELOPMENT
PLAN FOR GLENDALE FEDERAL AREA H (GLENFED DEVELOPMENT
CORPORATION)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:45 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:46 p.m.
ADMIHISI'RATIVE ITEMS
CITY MANAGER
1. PROPOSED ADJUSTMENTS TO CURBSIDE RECYCLING PROGRAM (810.60)
Written Communication:
Report dated July 20, 1993, from Douglas Dumhart, Management Assistant I, recommending
modifications to the City's curbside recycling program in response to issues identified during the initial
implementation phase of the program. The report addressed residents' concerns regarding curbside
composting; variable can rates; and, mandatory subscription for solid waste collection and its impacts
on self -haulers and residences that are vacant. The report advised that applications for exemption from
the mandatory collection charges had been approved in cases where property met specific criteria, as
previously adopted by Council.
Douglas Dumhart, Management Assistant I, made an oral presentation. He noted that the
recommendation listed in the report should indicate that the base fee was $6.59, rather than $5.17 for
both vacancies and self -haulers. He noted that Solag Disposal concurred with the staff recommendation.
Council Member Vasquez inquired how education monies are distributed. Mr. Dumhart explained that
the Assembly Bill 939 funds are collected by Solag Disposal and placed in a separate savings account
for each individual city. Solag then provides each city with a monthly account balance, and each city
decides how the money is to be spent for public education. Council Member Vasquez suggested
modifying the contract with Solag relative to the required five-year notification period should the City
elect to competitively bid for the franchise.
City Council Minutes -6- 7/20/93
1
Council Member Hausdorfer inquired regarding the reasons vacancies and self -haulers are assessed for
' the service. Mr. Dumhart advised that costs to provide solid waste collection services remain fixed and
if vacancies and self -haulers were exempt from the assessment, their portion would be charged to the
remaining accounts. The increased assessment to each account to cover a complete exemption for
vacancies and self -haulers was estimated at $.35. He further advised that that vacancies change
constantly and are difficult to track. The proposed base fee would allow these owners some relief from
the current program. Vacancies would be completely administered by Solag.
Approval of Modifications to the City's Curbside Recycling Program:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the City's Curbside Recycling Program be modified as follows:
(1) Establish a $6.59 base fee and a $15.00 reinstatement charge for vacancies;
(2) Establish a $6.59 base fee and a $15.00 reinstatement charge for self -haulers, up to a limit of
50 applications; and
(3) Lower the monthly extra per -can charge to $3.21 for 35 -gallon and $3.36 for 60 -gallon
containers.
2. RESOLUTION AMENDING CLASSIFICATION/COMPENSATION PLAN -
CLLASSIFICATION STUDY OF SELECT POSITIONS (700.20)
Written Communication:
Report dated July 20, 1993, from the City Manager, requests for reclassification had been reviewed and
recommending approval of certain reclassification requests, and amendment of the City's Personnel
' Classification and Compensation Plan to reflect new classifications, titles and salary ranges, and the
deletion of certain classifications, effective July 1, 1993.
Mr. Scarborough made an oral presentation
Council Member Campbell commended the employees who assumed greater responsibilities in their
positions while waiting for these proposed adjustments.
Council Member Vasquez requested that the Council be provided with more detailed salary comparisons
of the City's positions with similar positions of other cities. Mr. Scarborough indicated that Staff is
currently in the process of preparing a comparison of salaries for positions other than those proposed
for Council review. Julia Kimminau, Management Assistant, noted that the League of California Cities
conducted a benchmark survey of all cities in Orange County; that whenever salaries were not specific
to one of the City's positions, other cities were contacted to obtain a more exact comparison. Council
Member Vasquez requested that the Council receive copies of the League's survey. Council Member
Nash suggested that the City Manager provide for a review of all classifications as soon as possible and
that an outside consultant conduct the review. Mr. Scarborough suggested that the information be
provided to the Council before hiving an outside consultant. Council Member Vasquez stated he would
support the proposed Resolution since the Council was in favor of conducting a more thorough review
of salaries to be competitive. He requested that specks be compared and not just averages, including
salaries and benefits.
Adoption of Resolution Amending the City's Personnel Classification and Compensation Plan:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following
Resolution be adopted amending the City's Personnel Classification and Compensation Plan effective
July 1, 1993:
City Council Minutes -7- 7/20/93
r
RESOLUTION NO, 93-7-20-4. AMENDING RESOLUTION NO. 91-9-17-7. THE
CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 91-9-17-7, THE
CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN
RELATING TO NEW AND DELETED CLASSIFICATIONS, NEW AND
AMENDED SALARY RANGES AND NEW TITLES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
I`.fi)x�.r�TT:7
ABSENT: None
The Resolution amended the Classification and Compensation Plan to:
Add the Following New Classifications:
Executive Secretary
Senior Engineer
Amend the Following Salary Ranges:
Community Services Supervisor (2)
Recreation Coordinator (3) (Community Services)
Engineering Aide
Delete the Following Classifications:
Assistant City Manager Assistant Public Works Superintendent
Secretary to the City Manager Senior Lead Maintenance Worker
Permit Services Supervisor Records Coordinator
Public Works Superintendent
The staff recommendation for reclassification of the following positions was approved:
From
Receptionist (Public Lands and Facilities)
Lead Maintenance Worker (Public Lands and Facilities)
Maintenance Worker (Public Lands and Facilities)
Administrative Secretary II (City Manager's Office)
Senior Management Assistant (City Manager's Office)
Management Assistant I (2) (City Manager's Office)
Associate Civil Engineer (Engineering and Building)
Needs Further Study:
Graphics Illustrator
1 rc
Secretary I
Maintenance Superintendent
Lead Maintenance Worker
Executive Secretary
Assistant to the City Manager
Management Assistant 11
Senior Engineer (new)
Direction to City Manager:
The City Manager was directed to provide a report on the review by an outside consultant of all
employee classifications, including the positions just amended, as soon as possible, including specifics
on salaries and benefits.
City Council Minutes -8- 7/20/93
3.
CONSIDERATION OF REQUEST FOR PLACEMENT OF BANNER - MISSION SAN
JUAN CAPISTRANO (410.40)
Written Communication:
Report dated July 20, 1993, from the City Manager, recommending that the request from the Mission
San Juan Capistrano to hang a street banner at the intersection of Camino Capistrano and Del Obispo
Street be approved for a 14 -day period based on the finding that the annual fund raising event,
scheduled for October 1, 1993, is of a community -wide nature. The dates for hanging the banner would
be from September 1 to September 15, or from September 16 to September 30, to be approved by the
Director of Planning.
Adoption of Resolution Approving Placement of Street Banner:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 93-7-20-5. AUTHORIZING PLACEMENT OF BANNER -
MISSION SAN JUAN CAPISTRANO - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE PLACEMENT OF A BANNER WITHIN THE PUBLIC
RIGHT-OF-WAY FOR MISSION SAN JUAN CAPISTRANO SUBJECT TO THE
PROVISIONS OF SECTION 9-3.603(f)(15) OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. NEGOTIATION AGREEMENT (DIMENSION CABLE SERVICES) (600.30)
Written Communication:
Report dated July 20, 1993, from the Interim Director of Administrative Services, recommending that
the Negotiation Agreement between the City and Times Mirror Cable Television of Orange County
(Dimension) be approved for the purpose of specifying franchise renewal time lines and the structure
of negotiation proceedings. The Agreement was jointly drafted by the City and Dimension Cable
Services.
Ms. Pendleton made an oral presentation.
Annroval of Negotiation Agreement:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the Negotiation Agreement between the City and Times Mirror Cable Television of Orange
County (Dimension) be approved for the purpose of specifying franchise renewal time lines and the
structure of negotiation proceedings. The City Manager was authorized to execute the Agreement on
behalf of the City.
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132
1. AWARD OF AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN
SERVICES - MULTI -MODAL PARKING DECK (MARK TANNIN ARCHITECTS) (600.30)
Mayor Jones indicated he had a potential conflict of interest in this matter due to the proximity of his residence
to the proposed project and would abstain from voting. Mayor pro tem Campbell presided.
Written Communication:
Report dated July 20, 1993, from the Director of Engineering and Building, recommending that Mark
Tannin Architects be retained as the City's consultant team for the architectural and engineering design
of the Multi -Modal Parking Deck, to be completed on or before January 2, 1996, for an amount not to
exceed $142.911.
Douglas Dumhart, Management Assistant, made an oral presentation.
Council Member Hausdorfer requested that the Council be kept well informed in advance of the work
that will be taking place on the construction of the parking deck. Council Member Vasquez requested
that for future bids, the Council be provided with a list of the bidders, the amounts of the bids, and the
reasons one firm was chosen over the others.
Approval of Agreement for Consulting Services:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the Agreement
for Consulting Services with Mark Tannin Architects be approved for the architectural and engineering
design of the Multi -Model Parking Deck, to be completed on or before January 2, 1996, for an amount
not to exceed $142,911. The City Manager was authorized to execute the Agreement on behalf of the
City. The motion carried with Mayor Jones abstaining.
Mayor Jones resumed his duties.
1. APPROVING REZONE 93-01 - MARBELLA PLAZA PARTNERS/WONDER YEARS
PRESCHOOL (460.20) (ADOPTION)
Written Communication:
Report dated July 20, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of July 6, 1993, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had
been waived earlier in the meeting. It was moved by Council Member Hausdorfer, seconded by Council
Member Nash, that the following Ordinance be adopted:
ORDINANCE NO. 733. APPROVING REZONE 93-01 (MARBELLA PLAZA
PARTNERS) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE MARBELLA COMPREHENSIVE
DEVELOPMENT PLAN BY APPROVING THE INCLUSION OF CHILD DAY
CARE/PRESCHOOL USES WITH A CONDITIONAL USE PERMIT IN THE
NEIGHBORHOOD COMMERCIAL DISTRICT OF COMPREHENSIVE
DEVELOPMENT PLAN 86-4 (MARBELLA PLAZA PARTNERS/WONDER
YEARS PRESCHOOL)
City Council Minutes -10- 7/20/93
The motion carried by the following vote:
' AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. ANNUAL REVIEW OF APPOINTMENTS TO COMMITTEES. BOARDS. AND
COMMISSIONS (110.20)
Written Communication:
Report dated July 20, 1993, from Carole Jacklin, Council Services Manager, recommending that this
item be continued to an undetermined date pursuant to a request by the Council subcommittee that had
been appointed to study this matter.
Council Member Nash indicated that the subcommittee had met and will continue to meet to refine its
recommendations to the Council, for implementation by September or October 1993.
Continuation of Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that this item be continued to a future date to be announced pending receipt of recommenda-
tions by the subcommittee.
I2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (SERRA) (1040.601
Council Member Vasquez stated he toured the plants in Dana Point, Laguna Niguel, and South
Laguna on July 15. He encouraged the Council Members to tour the plants to understand the
process and management of the plants. He noted there was a low staff ratio and felt that all
plants, especially the SERRA plant, was very well maintained, particularly since it is the final
treatment before going out into the ocean. He noted he had been appointed Chairman of the
SERRA Board of Directors.
Council Member Campbell noted that there were no photographs taken when Deputy John Wagner
received his plaque and certificate honoring him as the City's Deputy of the Year and felt there should
be much more publicity of the positive things that are happening in the City. It was a consensus of the
Council that there be publicity and a photographer present when significant presentations or awards are
made in the City. Mr. Scarborough indicated he would provide a report to the Council.
2. AMENDMENT TO SIGN ORDINANCE - WEEKEND BANNERS (410.401
Council Member Vasquez recommended that the City relax its regulations to allow local businesses to
put up banners on weekends to assist in promoting their businesses to the local community. Council
Member Hausdorfer concurred and suggested that staff provide the Council with an exemption policy
for putting up banners on weekends and still maintain the City's high standards. Council Member Nash
felt that many residents might object to hanging banners on weekends and suggested that staff provide
City Council Minutes -11- 7/20/93
034
alternative mechanisms to help promote local businesses. Council Member Hausdorfer suggested that
the Chamber of Commerce be included in this matter. Mr. Scarborough indicated that staff would
provide a report at the August 17 meeting addressing banners and a memorandum would be provided
to the Council in slots regarding the progress on the City's Economic Development Program and other
opportunities. Mayor Jones noted the problem of inadequate signage in the downtown area directing
people to popular locations.
3. RAILROAD PLATFORM PLAN AMENDMENTS (600.0
Council Member Hausdorfer read from a letter dated July 2, 1993, from Charles Bell of Blair Ballard
Architects regarding costs to revise the landscape design to accommodate the substitution of trees
approved by Council on June 15. He stated he had been opposed to the change and in light of the letter
requested that the Council's decision to substitute Podocarpus trees for the originally proposed Red Iron
Bark Eucalyptus and Liquidambar trees at the railroad platform be reconsidered. Council Member
Campbell concurred in the desire for a review of the item. He stated that a report would be provided
to the Council prior to the August 3 meeting, and the Council could decide whether to address the
matter as an off -agenda item at the August 3 meeting. In response to Council Member Nash, Mr.
Huber stated that the changes could be accommodated and staff could work with Mr. Bell to reach a
better understanding of the Council's decision with regard to the Podocarpus trees. He stated that the
architectural fees to revise the plans would be minor compared to the overall project.
Mayor Jones left the podium and addressed Council as a resident. He stated that Mr. Bell did an
excellent job in designing the landscaping for the Franciscan Plaza projects; that costs were not the issue;
and, that some of Mr. Bell's concerns were valid. He felt that Podocarpus trees may not be appropriate
in that area and would be slow growing. Mayor Jones returned to the podium. Council Member
Campbell noted that the original concerns with the Liquidambar and Red Iron Bark Eucalyptus trees
were with their screening ability. It was a consensus of the Council that staff provide a report to the
Council prior to the August 3 meeting.
4. FEES (450.20)
Council Member Vasquez noted that some residents are complaining that the City's overcharges on its
application fees and suggested that the City err on the minimum side rather than on the maximum. He
requested that applicants' receipts be fully documented so that there is complete understanding as to
what the fees represent.
CONSIDERATION OF OFF -AGENDA ITEM
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried to
find that this item was not available prior to publication of the Council agenda and consideration was necessary
at this time.
1. DENIAL OF AMENDED CLAIM - PERSONAL INJURY AND PROPERTY DAMAGE
(NICHOLAS WHALEM (170.10)
Written Communication
Report dated July 20, 1993, from the City Attorney, recommending that the amended claim received by
the City on June 18, 1993, from Martin Taller, attorney on behalf of Nicholas Whalen, for an
undetermined amount for personal injuries and property damage, be denied.
City Council Minutes -12- 7/20/93
03
Denial of Claim:
' It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously
carried that the amended claim for Nicholas Whalen be denied.
CLOSED SESSION
Council recessed to a Closed Session at 9:06 p.m. for discussion of litigation per Government Code Section
54956.9 (Committee v. City; Negrete v. City I and II; Negrete v. Friess; Concorde v. City), initiation of litigation per
Government Code Section 54956.9(c) (Annie Haven properties, 31401 Et Horno), and personnel matters per
Government Code Section 54957, the City Clerk being excused theref om, and reconvened at 10:30 p.m.
There being no further business before the Council, the meeting was adjourned at 10:30 p.m. to the next regular
meeting date of Tuesday, August 3, 1993, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
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City Council Minutes -13- 7/20/93