93-0817_CC_Minutes_Regular Meeting049
AUGUST 17, 1993
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 7:02 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Council Member Campbell.
ROLL CALL PRESENT: Gil Jones, Mayor
Collene Campbell, Council Member
Gary L. Hausdorfer, Council Member
Jeff Vasquez, Council Member
ABSENT: Carolyn Nash, Council Member
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson,
City Clerk; Cynthia L. Pendleton, 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.
MOTION TO READ BY TITLE ONLY
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. PROCLAMATION DESIGNATING SATURDAY, AUGUST 21. 1993. AS "VOLUNTEER
FIREFIGHTER RECOGNITION DAY' (610.40)
Written Communication:
Report dated August 17, 1993, from the City Clerk, forwarding the Proclamation.
AAporoval and Presentation of Proclamation:
The Proclamation was unanimously approved, and Mayor Jones noted that the Proclamation would be
forwarded to the Fire Department.
2. PRESENTATION - KINOSHITA FAMILY (610.40)
Mayor Jones read the Proclamation in full honoring the Kinoshita family for their outstanding
contributions to the quality of life and the preservation of agriculture in San Juan Capistrano for forty
years. The Proclamation was presented to Shig Kinoshita by Mayor Jones and Council Member
Hausdorfer, and Mr. Kinoshita presented the Mayor with a Kinoshita Farms T-shirt. Council Member
Hausdorfer spoke regarding the contributions of the Kinoshita family to San Juan Capistrano in
implementing the Open Space Master Plan and maintaining the agricultural character of the City.
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050
[� ' w� t t 1 i Y• •err w• t w w• t t t iYr � i ai Y •
1. LAW ENFORCEMENT (580.10)
Wally Johnson, 25916 Via Del Rey, spoke regarding his opposition to the Sheriffs Department policy of
allowing deputies to have discretion in issuing citations and expressed concerns with the lack of dispatching
in the South County area. He noted an incident where a truck illegally parked on Del Obispo Street near
the Jack-in-the-Box, and no citation was issued by the deputy who stopped to investigate. Mayor Jones
suggested that Mr. Johnson contact the City Manager regarding the Sheriffs Department enforcement
policy, and Council Member Campbell advised that the City is currently working on resolving problems
with dispatching from Santa Ana.
2. CHAMBER OF COMMERCE LOAN (130.30)
Connie Kindig, President of the Chamber of Commerce, presented the City with an enlarged check in the
amount of $5,000 representing the repayment of the City's short -loan to the Chamber.
3. AGENDA COVER SHEET (610.10)
Bill Hardy, 26523 Calle Lorenzo, requested clarification on the policy on addressing the Council because
he felt the wording on the agendas was contradictory.
4ON J b .
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by
the following vote:
AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: Council Member Nash
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF JULY 20, 1993
The Minutes of the Regular Meeting of July 20, 1993, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -REGULAR MEETING
OF JULY 20, 1993
The Minutes of the Regular Meeting of July 20, 1993, were approved as submitted.
3. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF JULY 31. 1993
(350.30)
The City Treasurer's Report of Investments as of July 31, 1993, in the total amount of $17,780,655.38 was
received and filed.
4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated August 17, 1993, from the Planning Director, advising that no new development
applications were received by the City since the last report of July 20, 1993, was received and filed.
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I5. ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS (OCCTFP) -
ANNUAL CONSISTENCY REVIEW. CITY'S MASTER PLAN OF STREET AND HIGHWAY
(MPSH) AND COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAY (MPAH) (820.25)
As set forth in the Report dated August 17, 1993, from the Director of Engineering and Building, the
following Resolution was adopted making finding of consistency between the City's MPSH/Circulation
Element and the County's MPAH to maintain eligibility for participation in the OCCTFP:
RESOLUTION NO. 93-8-17-1. ANNUAL CONSISTENCY REVIEW FOR
CONFORMANCE WITH COUNTY MASTER PLAN OF ARTERIAL HIGHWAY - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR
THE CITY OF SAN JUAN CAPISTRANO
6. RESOLUTION, ACCEPTANCE OF EMERGENCY ACCESS AND BIKE TRAIL EASEMENT.
QUITCLAIM OF EXISTING EMERGENCY ACCESS AND BIKE TRAIL EASEMENT - LOT 227,
TRACT 12954 (MARBELLA GOLF AND COUNTRY CLUB) (670.50)
As set forth in the Report dated August 17, 1993, from the Director of Engineering and Building, the
following Resolution was adopted accepting the emergency access and bike trail easement and approving
the quitclaim of the existing emergency access and bike trail easement for Lot 227, Tract 12954 to reflect
the "as -built" alignment:
RESOLUTION NO. 93-8-17-2. ACCEPTANCE OF REVISED EMERGENCY ACCESS
' AND BIKE TRAIL EASEMENT DEED AND APPROVAL OF QUITCLAIM OF
EXISTING EMERGENCY ACCESS AND BIKE TRAIL EASEMENT WITHIN LOT 227,
TRACT 12954 (MARBELLA GOLF AND COUNTRY CLUB) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING A REVISED EMERGENCY ACCESS AND BIKE TRAIL EASEMENT
DEED AND APPROVING QUITCLAIM OF THE EXISTING EMERGENCY ACCESS
AND BIKE TRAIL EASEMENT, LOT 227, TRACT 12954 (MARBELLA GOLF AND
COUNTRY CLUB)
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION ACTION OF JULY 29. 1993. DENYING EXCEPTION TO
SIGN STANDARDS FOR OFF-SITE SIGN - ARCHITECTURAL CONTROL 87-1 (PRICE CLUB/
WESELOH) (410.60)
Council Member Campbell indicated that because of the proximity of her residence to the proposed
project, she would abstain in this matter because of a potential conflict of interest.
Pr :
An appeal of the Planning Commission action of July 29, 1993, denying the application for two exceptions
to the City's Sign Ordinance to permit a 25 -foot tall off-site sign, to be located at the southeast intersection
of Camino Capistrano and Avenida Aeropuerto, for the purpose of advertising two Weseloh car
dealerships proposed for the Price Club Plaza. The Planning Commission based its denial on the sign
being too far from the dealerships and causing confusion to customers driving to the dealerships. The
applicant based his appeal on the need for the sign for the success of the dealerships and the likelihood
that Ford and Chevrolet would not approve the location for the dealerships without signs visible to freeway
traffic.
City Council Minutes -3- 8/17/93
KINTA
Ap2li�i :
The Price Company
P.O. Box 85466
San Diego, CA 92186-5466
Written Communication:
Report dated August 17, 1993, from the Planning Director, recommending that the appeal be upheld and
the sign exceptions approved, subject to two conditions: 1) requiring the applicant to obtain the property
owner's permission to place the sign within the City slope easement; if permission is not granted, the
applicant would be required to enter into a license agreement with the City to locate the sign within the
City's right-of-way; and 2) requiring that the sign incorporate a directional arrow and/or language to assist
motorists in locating the dealerships in the Price Club Plaza. Staff based its recommendation of approval
on the importance of freeway -visible signage to the success of the dealerships, the proposed location being
less obtrusive than the previous submittal, and allowing comparable signage with the other dealerships in
the area to remain competitive.
Mr. Bobertz made an oral presentation. Exhibits were on display, including a colored rendering of the
proposed sign.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Roger LeBlanc spoke on behalf of Michael Pinto, owner of the Esplanade Center, and Gary Folgner,
owner of the Coach House. He read the letter dated August 13, 1993, from Mr. Pinto opposing the
proposed sign because of its size, location, and unfairness to other businesses located along the
freeway who are routinely denied any signage that would attract freeway traffic. In the letter
Mr. Pinto suggested that the application be denied until City staff could prepare new guidelines to
address signage for all freeway -oriented businesses. Mr. LeBlanc noted that Mr. Folgner had
previously been denied a sign that would have helped to attract more business to the Coach House
and stated that a freeway -oriented sign in the same location as the one proposed would be very
beneficial.
(2) Dale Macatee, General Manager of Weseloh Auto Group, advised that the auto manufacturers
would not approve locating their businesses in the Price Club Plaza without freeway signage. He
noted that the dealerships were located in an area that cannot be seen from the freeway and agreed
with the Planning Commission's suggestion to include additional language on the sign directing
motorists to the dealerships in the Price Club Plaza.
(3) Grace Wier of Federal Signs emphasized the need for the dealerships and the Price Club Plaza to
have freeway -oriented signage, particularly since the majority of auto sales in San Juan Capistrano
come from outside of the City.
(4) Kash Salley, 33831 Camino Capistrano, president of the Villa San Juan Mobile Home Park
Association, spoke in favor of the proposed sign and noted the revenue the dealerships would
generate for the City.
(5) Ben Weseloh of Weseloh Honda emphasized that only one of the dealerships approved its location
in the Price Club Plaza, and that approval of the proposed sign would help to obtain the other
dealership's consent. He felt that the revenue and sales tax that would be generated to the City from
the dealerships would outweigh any impacts from the sign.
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053
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Council Member Hausdorfer inquired whether the colored rendering of the proposed sign on exhibit had
been approved by other City commissions, such as the Design Review Commission, and why the Weseloh
name was necessary on the sign for both dealership names. Mr. Bobertz indicated that the design of the
sign had not received any other commission approvals and advised that the Weseloh name was needed for
identification in order to be competitive.
Council Member Vasquez stated he could not support the proposed sign because of its size, location, lack
of a similar sign in the City, nonconformance to the City's Sign Ordinance, and potential to be precedent
setting. He noted that San Juan Capistrano was unique because of its sign regulations and stated that
other businesses would request similar signage if this sign were approved.
Council Member Hausdorfer noted the problems businesses are having in competing in these difficult
economic times. He felt that the proposed application was unusual in that the Price Club Plaza was in
a unique location, and that the sign would not be precedent setting. He noted the positive aspects of
having the dealerships being located inside of the building instead of outside. He supported the sign's
proposed dimensions and off-site location, but indicated he had no opinion regarding the wording, color,
materials, and lighting since these issues would be addressed by the Design Review Commission.
Mayor Jones noted that he opposed the previous sign application because of its location on a prominent
knoll in the City and that the design of the proposed sign was unacceptable to him. He felt that the City
should address the need for different types of signs in certain areas of the City that would not harm the
ambience of the City in order to meet the needs of businesses. He suggested that the landscaping and
design of the proposed sign be addressed through the City's usual planning process.
Council Member Vasquez noted that when the exceptions for the Dodge dealership sign were approved,
the Council did not feel it would be precedent setting. He felt that this application was a reaction to that
approval and that other businesses would start to apply for similar signage. He noted that the agreement
between the City and the Price Club required the City to relinquish a certain percentage of the sales tax
revenues from the dealerships. He requested that this item be continued to the next meeting to allow
Council Member Nash to provide her input on the proposal. Council Member Hausdorfer and Mayor
Jones felt that this item should not be continued.
Adoption of Resolution Conditionally Approving Two Sian Exceptions for Architectural Control 87-01:
It was moved by Council Member Hausdorfer, seconded by Mayor Jones, that the following Resolution
be adopted:
RESOLUTION NO. 93-8-17-3. APPROVING APPEAL OF PLANNING COMMISSION
DENIAL - EXCEPTIONS TO MUNICIPAL CODE TO ALLOW 25 -FOOT -TALL OFF-
SITIF_SIGN. ARCHITECTURAL CONTROL 87-1 (PRICE CLUB/WESELOH) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION OF JULY 29, 1993, AND APPROVING TWO EXCEPTIONS TO SECTION 9-
3.603 (SIGNS) OF THE MUNICIPAL CODE TO PERMIT A 25 -FOOT -TALL, OFF-SITE
SIGN TO BE LOCATED AT THE SOUTHWEST CORNER OF CAMINO CAPISTRANO
AND AVENIDA AEROPUERTO (PRICE CLUB/WESELOH)
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054
The motion carried by the following roll call vote:
AYES: Council Member Hausdorfer and Mayor Jones
NOES: Council Member Vasquez
ABSTAIN: Council Member Campbell
ABSENT: Council Member Nash
2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - SECOND
AMENDMENT TO LEASE AGREEMENT FOR PROPERTY LOCATED AT 26874 ORTEGA
HIGHWAY. TEXACO REFINING AND MARKETING. INC. (MISSION TEXACO STATION)
r i ti l
ProWsal:
Consideration of a Second Amendment to the Lease Agreement with Texaco for the use of alternative
parking at the Mission Texaco site to accommodate approximately 50 temporary parking spaces while still
maintaining station operations during the construction of the Multi -Modal Parking Deck. The parking lot
improvements proposed did not include landscaping because of costs and the temporary nature of the
parking use. The Second Amendment would extend the existing lease for a minimum of two years and
would then become a month-to-month lease until the Agency needed the property for the Historic Town
Center or the Ortega Highway realignment projects.
Written Communications:
(1) Report dated August 17, 1993, from Douglas Dumhart, Management Assistant, summarizing the
terms of the lease and proposed improvements.
(2) Memorandum dated August 17, 1993, from Mr. Dumhart, recommending that the public hearing be
continued to the meeting of September 7, 1993, so that final revisions could be made to the Second
Amendment to the existing Lease Agreement.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there was no
response.
Continuation of Public Hearin:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the public hearing be continued to the meeting of September 7, 1993.
Council Member Vasquez requested that staff provide information regarding the market value of the
Texaco property and what the rents would be in a similar situation if the property were leased out to a
tenant. Mr. Scarborough indicated that a memo would be provided in Council slots prior to the
September 7 meeting.
RECESS AND RECONVENE
Council recessed at 7:52 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:53 p.m.
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055
' ADMINISTRATIVE ITEMS
CITY MANAGER
1. EIGHTH AMENDMENT TO FIVE-YEAR LAW ENFORCEMENT SERVICES AGREEMENT FOR
FISCAL YEAR 1993-94 (600.50)
Written Communication:
Report dated August 17, 1993, from the City Manager, recommending that the City's Agreement with the
Sheriff's Department be amended to include the two -deputy Special Enforcement Unit that was previously
approved for the 1993-94 budget. The Report noted that the majority of the unit's work would focus on
priorities identified by the City.
Approval of Eighth Amendment to Agreement with Sheriffs Department:
It was moved by Council Member Vasquez, seconded by Council Member Campbell, and unanimously
carried that the Eighth Amendment to the Five -Year Law Enforcement Services Agreement with the City
for fiscal year 1993-94 be approved to include the two -deputy Special Enforcement Unit, at an additional
cost of $166,736. The Mayor was authorized to execute the Agreement on behalf of the City.
2. PRIVATIZATION OF CROSSING GUARDS (ALL CITY MANAGEMENT SERVICES. INC.) (600.30)
Written Communication:
Report dated August 17, 1993, from Lt. Dan Martini of the Sheriffs Department, recommending that the
City contract with a private company, All City Management Services, Inc., to provide two crossing guards,
one at Del Obispo Elementary School and the other at Ambuehl School, at a cost of $13.67 per hour. This
contract would replace the services that are now provided by the Sheriffs Department.
Mr. Scarborough made an oral presentation.
Approval of Aareement Between Citv and All Citv Management Services. Inc.:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously
carried that the Agreement Between the City and All City Management Services, Inc. be approved for the
one-year period ending June 30, 1994, to provide the City with two crossing guards, at a cost of $13.67 per
hour, not to exceed a total of $19,794. The Mayor was authorized to execute the Agreement on behalf
of the City.
At the suggestion of Mayor Jones, it was a consensus of the Council that staff be directed to provide a
report by the meeting of September 21 regarding the feasibility of adding another crossing guard on EI
Camino Real in front of San Juan School.
1110AStkei ; • - t t lj� L► y
1. RESOLUTION SETTING THE PROPERTY TAX RATE FOR FISCAL YEAR 1993-94 ON THE
GENERAL OBLIGATION BONDS (390.80)
Written Communication:
Report dated August 17, 1993, from the Director of Administrative Services, recommending that the tax
rate be set at $0.0684 per $100 of assessed value following the three issuances of bonds for the acquisition
of open space properties by the City (Open Space General Obligation Bond Measure).
Resolution Setting the Ad Valorem Tax Rate:
It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, that the following
Resolution be adopted setting the property tax rate at $0.0684 per $100 of assessed valuation:
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056
RESOLUTION NO, 93-8-17-4. SETTING AD VALOREM TAX RATE - FISCAL YEAR
1993-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTIMATING THE AMOUNT OF MONEY TO BE
RAISED BY AD VALOREM TAXATION IN THE CITY OF SAN JUAN CAPISTRANO
DURING THE FISCAL YEAR 1993-94 FOR DEBT SERVICE AND REQUESTING THE
LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: Council Member Nash
The City Clerk was directed to forward a certified copy of the Resolution to the County Auditor/
Controller Office.
1. APPEAL OF CULTURAL HERITAGE COMMISSION ACTION OF JUNE 22. 1993 - DENIAL OF
DEMOLITION PERMIT, HANKEY COTTAGE. LOCATED AT 28232 ORTEGA HIGHWAY.
TENTATIVE PARCEL MAP 92-107 (420.70)
Written Communication: —
Report dated August 17, 1993, from the Planning Director, recommending that the Cultural Heritage
Commission's denial on June 22, 1993, of a Demolition Permit for the historic Hankey/Rowse Cottage,
located at 28232 Ortega Highway, be upheld. The cottage is listed on the City's Inventory of Historic and
Cultural Landmarks and is potentially eligible for inclusion on the National Register of Historic Places.
The Commission based its denial on the historical significance of the structure and the desire for the
applicants to consider alternatives to demolition. The applicants, Lorna Ross and John Hankey, requested
the Demolition permit as part of a Tentative Parcel Map to subdivide the parcel into four separate parcels.
Their appeal is based on their contention that a lesser profit would be derived from the sale of the four
lots if one of the lots still contained the Hankey/Rowse Cottage.
Mr. Bobertz made an oral presentation and noted that the staffs recommendation was for denial of the
Demolition Permit. Should the Council decide to approve the Demolition Permit, he recommended that
a condition be imposed requiring the applicant to prepare a Historical American Building Survey on the
residence.
Frances Kennedy-Perguson, 26632 Ramos Street, noted that in 1975 some of the City's historic landmarks,
such as the Oliveras House and the Rios Adobe, had the potential for demolition but were preserved. She
felt that if a Demolition Permit were approved for this application, many owners of historic properties
would request the same instead of rehabilitating the structures. She noted an article which appeared in
the Orange County Register regarding the City's efforts to rehabilitate homes in the Little Hollywood area.
She felt that if this City landmark was not preserved as a link to the City's history, the property would
become another sterile Orange County subdivision.
Attorney Marjorie Mize Le Gaye, representing the Hankey family, stated that the major point of the
appeal was that the initial application was not addressed throughout the process and particularly by the
Cultural Heritage Commission at their meeting of June 22, 1993. She explained that the application was
filed with the alternative (requesting demolition or donation of the house to the City) in May 1992 as a
total package for evaluation in conjunction with the Tentative Parcel Map. At the Cultural Heritage
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057
Commission meeting of June 22, she discussed a possible proposal by Michael Palmer to relocate the
Hankey house to the Los Rios District as a residence for his grandparents. She had explained that the
Hankeys would pay for the costs for relocation, and the Palmers would pay for the costs of installation,
with no costs incurred by the City. She felt that the recommendations included in the proposed Resolution
were vague and that the continuity and historic value of the house would diminish if it remained in its
present location. She noted that in order for the house to be placed on the National Register of Historic
Places, it would require the consent of the property owners. She requested that the appellants be allowed
to relocate the house to an appropriate site at no cost to the City.
Commission Comments:
Council Member Vasquez advised that because the proposed Resolution specifically addressed the denial
of the Demolition Permit, he would participate in this matter without a conflict of interest.
Council Member Hausdorfer noted the large amount of costs already expended by the appellants in this
process and felt that the property owners should be allowed to do what they want with their property. He
noted that he has consistently supported the preservation of the City's historic buildings in the past, and
felt that if the house could be relocated and preserved at no cost to the City, he would support it.
However, he expressed concern with relocating it to the Los Rios District. He felt that it had been a
mistake for the City to purchase the Rosenbaum house, which was located on the corner of Avenida Siega
and Ortega Highway, because it was just dismantled and stored, with no potential funds to restore it. He
recommended that the Council grant the appellants the option to demolish or relocate the house to a
feasible and appropriate site at no cost to the City. He noted that the Hankey family has made valuable
contributions to the City and felt that requiring the appellants to preserve the house on site could impose
a financial hardship on them.
' Council Member Campbell felt that since the City is unable to pay the costs for rehabilitation or
relocation, the property owners should not be required to maintain it. However, she preferred that the
house not be destroyed and encouraged the property owners to work things out.
Council Member Vasquez expressed concern that giving the property owners the options to either demolish
the house or relocate it, demolition would probably be the choice since it would be easier and less
expensive. He commended staff on providing alternatives to demolition that would increase the value of
the overall project by allowing an additional lot and add charm to the City by preserving an historic
residence. He stated he could not support a recommendation for demolition and voiced his support for
the staff recommendation as a fair compromise. He preferred that a specific plan for relocation be
considered.
Mayor Jones concurred with the statements made by Council Members Hausdorfer and Campbell. He
felt that the City should not burden the property owners with having to restore and maintain an old home,
which they may not be able to afford to do. He noted that property owners in the Los Rios District were
aware in advance of the purchase of their homes what would be required of them, and that the Hankeys
inherited their home. He noted that the City lacks the funds to restore the historic homes that it has
already purchased. He also noted that the house, if preserved on site, would not be able to be viewed by
the public and would not be compatible with the existing neighborhood. He recommended that the house
be documented thoroughly, perhaps in cooperation with the City's Historical Society.
Council Member Campbell inquired what would determine whether the house was demolished or
relocated. Mr. Scarborough stated it would be left to the discretion of the property owners.
' Approval of Request for Demolition or Relocation of the Hankev/Rowse Cotta":
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
application by the Hankey family for demolition or relocation at the option of the property owner of the
historic Hankey/Rowse Cottage to a feasible and appropriate site, at no cost to the City, be approved,
City Council Minutes -9- 8/17/93
058
subject to a condition requiring the applicants to prepare a Historical American Building Survey on the
house and a biography of the Hankey family for the City's archives. The motion was carried by the
following roll call vote:
AYES: Council Members Campbell, Hausdorfer, and Mayor Jones
NOES: Council Member Vasquez
ABSENT: Council Member Nash
It was a consensus of the Council that staff provide clarification at a future meeting regarding the
guidelines for demolition and preservation of historic structures, with consideration to whether placing a
structure on the City's list of historic structures places undo burden on property owners. Council Member
Vasquez agreed that the processing costs have been high for the applicants and encouraged the City to
address these matters sooner in the process to reduce costs for property owners. Council Member
Hausdorfer concurred.
2. WAIVER OF PROCESSING FOR TENTATIVE PARCEL MAP FOR PROPERTY LOCATED AT
33375 CAMINO CAPISTRANO. TENTATIVE PARCEL MAP 93-173 (BARWICK NISSAN) (420.70)
Written Communication:
Report dated August 17, 1993, from the Planning Director, recommending that the request by Barwick
Nissan be approved to waive processing for Tentative Parcel Map 93-173 to create two lots from an
existing 4.206 -acre parcel, subject to a condition requiring a joint access easement between the parcels and
relocation of the northerly entrance in conjunction with the development of Parcel 2. The waiver of
processing would allow the applicant to proceed with submission of a Final Parcel Map.
Adoption of Resolution Granting a Waiver of Processing for Tentative Parcel Map 93-173:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the following
Resolution be adopted:
RESOLUTION NO, 93-8-17-5. GRANTING WAIVER OF TENTATIVE PARCEL MAP
PROCESSING - TENTATIVE PARCEL MAP 93-173 (BARWICK NISSAN2 - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, GRANTING A WAIVER OF TENTATIVE PARCEL MAP PROCESSING
FOR TENTATIVE PARCEL MAP 93-173 TO CREATE TWO LOTS LOCATED AT 33375
CAMINO CAPISTRANO (BARWICK NISSAN)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: Council Member Nash
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. AWARD OF CONTRACT
- SAN JUAN CAPISTRANO
RAILROAD PASSENGER LOADING
AND
WAITING PLATFORM. SOUTH
(ARA ENGINEERING
CONTRACTOR) (600.30)
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8/17/93
059
' Written Communication:
Report dated August 17, 1993, from the Director of Engineering and Building, recommending that the
contract for the construction of the Railroad Passenger Loading and Waiting Platform, South be awarded
to the lowest responsible bidder, ARA Engineering Contractor, in the amount of $314,900. The Report
also recommended that discussion of the platform's landscape design issues, as previously discussed at the
July 20, 1993, meeting, be continued to the meeting of September 7, 1993, so that impacts to the ground
cover and shrubbery areas could be addressed.
Mayor Jones and Council Member Vasquez indicated they had potential conflicts of interest in this matter
and would not participate. Mayor pro tem Campbell presided. Mr. Denhalter recommended that the item
be continued to a meeting where at least three Council Members could vote. He noted that a "straw vote"
did not apply in this case since a disqualified member would not be able to participate in a Rule of
Necessity under FPPC rules. Only if Council Member Nash was disqualified would a straw vote be
necessary.
Mr. Scarborough noted that the timing for this project was tight to conform with the OCTA's schedule
to begin running additional trains by December 9, 1993. He stated he would discuss with OCTA the
Council's two-week delay of approving this contract.
Continuation of Item:
It was moved by Council Member Hausdorfer, seconded by Mayor pro tem Campbell, that this item be
continued to the meeting of September 7, 1993. The motion was carried by a 2-0-2 vote, with Council
Member Vasquez and Mayor Jones abstaining and Council Member Nash absent. Mayor Jones resumed
his duties.
' ORDINANCES
1. AMENDMENT TO TITLE 8. CHAPTER 9 OF THE MUNICIPAL CODE - HOME WARRANTY
PROGRAM (ADOPTION) (450.80)
Written Communication:
Report dated August 17, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of August 3, 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 Vasquez, that the following Ordinance be adopted:
ORDINANCE NO, 734. AMENDMENT TO TITLE 8. CHAPTER 9 OF THE MUNICIPAL
CODE - HOME WARRANTY PROGRAM - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 8, CHAPTER 9 OF THE
MUNICIPAL CODE - HOME WARRANTY PROGRAM
The motion carried by the following vote:
AYES:
NOES:
' ABSENT:
Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones
None
Council Member Nash
City Council Minutes -11- 8/17/93
060
1. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE) (140.20)
Written Communication:
Report dated August 17, 1993, from the City Clerk, requesting that a voting delegate and alternate be
selected to attend the League of California Cities Annual Conference on behalf of the City on
October 16-19, 1992, in San Francisco.
Continuation of Item:
It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, and unanimously
carried that this item be continued to the meeting of September 7, 1993, for a full quorum.
2. RECOMMENDATIONS FROM SUBCOMMITTEE - COMMUNITY ORGANIZATION FUNDING
Written Communication:
Report dated August 17, 1993, from the City Council Subcommittee (consisting of Council Members
Vasquez and Campbell) for Community Promotion Funding, recommending allocations of Community
Promotion funding to eight organizations, totaling $47,000.
Council Member Vasquez made an oral presentation and encouraged other organizations to request
funding in the future if additional funds become available from the City.
Approval of Community Promotion Funding Allocations:
It was moved by Council Member Vasquez, seconded by Council Member Hausdorfer, and unanimously
carried that the following organizations be allocated Community Promotion Funding, and that $6,000 be
appropriated from General Fund Reserves to Account No. 01-62538-4123:
San Clemente Seniors
$ 4,000
Boys and Girls Club
$ 2,500
Capistrano Indian Council
$ 1,500
Community Counseling Center
$12,500
San Juan Task Force
$ 4,500
South County Community Clinic
$20,000
SOC Community Services Council
$ 2,000
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Reponal Reclamation Authority (SERRA)_(1040.60)
Council Member Vasquez advised that SERRA was currently reviewing unanticipated construction
costs for the new facility and treatment plant. He noted that at a joint meeting of SERRA, the
South Orange County Reclamation Authority, and the Aliso Waste Management Authority,
guidelines were established regarding travel, food, and entertainment expenses.
1. COUNCIL PORTRAITS (150.25) —
Council Member Vasquez noted that Council Members Campbell and Nash had not yet had their official
Council portraits taken.
City Council Minutes -12- 8/17/93
061
' CLOSED SESSION
Council recessed to a Closed Session at 8:52 p.m. for discussion of Litigation per Government Code Section
54956.9(a) (Committee v. City, Negmte v. City ! and // and related claims), Labor Negotiations per Government
Code Section 54957.6, and Real Property Negotiations per Government Code Section 54956.8 (Pearl Williams
Estate at Junipero Serra Road/Camino Capistrano), the City Clerk being excused therefrom, and reconvened
at 10:00 p.m.
There being no further business before the Council, the meeting was adjourned at 10:00 p.m. to the next regular
meeting date of Tuesday, September 7, 1993, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CH !RYL-JU 0F5-,Nf-1'ITY CLERK
ATTEST:
GILIL JO NFS J�
MAYOR
City Council Minutes -13- 8/17/93