93-0907_CC_Minutes_Regular Meeting067
SEPTEMBER 7, 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 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Monsignor Paul Martin of the Mission San Juan Capistrano.
ROLL CALL PRESENT: Gil Jones, Mayor
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; Dawn Schanderl,
Deputy City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. Huber, Director of
Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; Al King, Jr., Director of
Community Services; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried that
all Ordinances be read by title only.
' ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
Mayor Jones announced that the joint public hearing on the Lease Agreement for the Mission Texaco site would
be continued.
DIMENSION CABLE (1000.40)
Thomas Merrell, 31081 Via Estanaga, requested the Council's assistance to have Dimension Cable
reinstate their FM radio service to customers, which was replaced on August 1, 1993, with digital cable
radio for a cost of an additional $10 per month. He stated that residents will need to purchase roof -top
antennas in order to receive the same quality of FM reception. He explained that digital cable radio
is a multi -channel system that can only be obtained through cable and not from a roof -top antennae.
He noted that roof -top antennas are prohibited under City ordinance and felt that Dimension Cable
should include all services that would require a roof -top antennae in its line to customers. He suggested
that when the renewal contract with Dimension Cable comes before the Council, that the service be
revised to be consistent with the City's regulations with regard to aesthetics, e.g. roof -top antennas.
Council Member Vasquez suggested that the City obtain a written response from Dimension cable
regarding their reasons for discontinuing the FM radio service. Council Member Nash recommended
that the company be required to provide this service to its customers because of the problems that will
occur if roof -top antennas are installed throughout the City.
David Swerdlin, 26172 Via De Toledo, concurred with Mr. Merrell's comments. He also expressed
concern with the company's rate increase and rate structure and the monopoly it has in the City. He
' felt that the City should have some control over the rates charged for channels and suggested that a
committee be formed to study the regulation of cable service. He stated that the residents have no
choice because of the monopoly and the prohibition of roof -top antennas in the City.
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Council Member Nash stated that when the City renewed its contract with Dimension Cable, the City
was not made aware of the significant changes that would take place. She felt that staff should study
this issue.
Ms. Pendleton noted that when the franchise agreement comes up for renewal, the City intends to
address the issue of servicing the entire community.
2. SIGNAGE (410.40)
Christina Bruce, owner of Dana Party Supplies in the Price Club Plaza, spoke regarding the lack of
signage in the Price Club Plaza. She noted the high vacancy rate in the center and felt that proper
signage, including a monument sign, would assist the businesses. She felt that the Sign Ordinance was
too restrictive for a center that is located away from the downtown and has no freeway visibility. She
noted that many of her customers come from outside of San Juan Capistrano.
Mr. Tomlinson noted that although a monument sign was approved by the Planning Commission, it has
been the Price Club's policy not to proceed with the sign.
Council Member Campbell suggested that staff respond to Ms. Bruce's concerns in writing. Council
Member Vasquez added that the City should also advise the Price Club Plaza tenants of the City's
current consideration of a moratorium on portions of the Sign Ordinance dealing with banners and
business promotions. He recommended that Ms. Bruce communicate her ideas and concerns to the City
Manager.
CONSENT CALENDAR
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:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF AUGUST 3. 1993
The Minutes of the Regular Meeting of August 3, 1993, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
REGULAR MEETING OF AUGUST 3,199
The Minutes of the Regular Meeting of August 3, 1993, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF AUGUST 1993 (300.30)
The List of Demands for August 1993, in the total amount of $1,310,076.98 was received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR JULY 1993 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month of July 1993 in the total amount of
$-1,398,216.91 was received and filed.
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5. RESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT - 1993 WEED
' ABATEMENT PROGRAM (STEWART AND ASSOCIATESI (600.30)
As set forth in the Report dated September 7, 1993, from the Director of Public Lands and Facilities,
the following Resolution was adopted accepting the completion of the 1993 Weed Abatement Program
for the City:
RESOLUTION NO. 93-9-7-1. COMPLETION OF 1993 WEED ABATEMENT
PROGRAM (STEWART AND ASSOCIATES) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE 1993 WEED ABATEMENT PROGRAM (STEWART
AND ASSOCIATES)
The Resolution accepted the work as complete in the amount of $17,392.25 and directed the City Clerk
to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10%
retention in the amount of $1,739.22 thirty-five (35) days after recording the Notice of Completion.
6. APPROVAL OF FIVE-YEAR LEASE AGREEMENT- ORANGE COUNTY HEAD
START PROGRAM. 32502 PASEO ADELANTO (600.20)
As set forth in the Report dated September 7, 1993, from the Director of Administrative Services, a five-
year extension to the Lease Agreement between the City and Orange County Head Start, Inc. was
approved for the period ending August 15, 1998. The Lease Agreement calls for an annual rent of
$1.00, $100 per month for utilities, and liability insurance coverage of $1,000,000. The Mayor was
authorized to execute the Agreement on behalf of the City.
I7. RESOLUTION ESTABLISHING "NO SKATEBOARDING" AT CAPISTRANO BUSINESS
CENTER (,590.10)
As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the
written request for no skateboarding was approved for the Capistrano Business Center (27126-27136
Paseo Espada and 27121-27131 Calle Arroyo), and the following Resolution was adopted establishing
"No Skateboarding" for the Capistrano Business Center:
RESOLUTION NO. 93-9-7-2. ESTABLISHING "NO SKATEBOARDING" AREA -
CAPISTRANO BUSINESS CENTER - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
A "NO SKATEBOARDING" AREA AT CAPISTRANO BUSINESS CENTER
PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE
8. RESOLUTIONS, APPROVAL OF ASSIGNMENTS OF SUBDIVISION IMPROVEMENT
AGREEMENTS AND SUBSTITUTION OF BONDS, TRACTS 12633 AND 13027
(DIVIDEND DEVELOPMENT CORPORATION/WARMINGTON SAN JUAN
ASSOCIATES) (600.30)
As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the
following Resolutions were adopted transferring the responsibilities for completion of the remaining
private improvements for Tracts 12633 and 13027 to Warmington San Juan Associates and approving
the substitution of the remaining Dividend Development Corporation bonds with equivalent sureties
from Warmington San Juan Associates:
1
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RESOLUTION NO. 93-9-7-3. APPROVAL OF ASSIGNMENT OF SUBDIVISION
IMPRO VEMENTAGREEMENTAND EOUI VALENT SURETYSUBSTITUTION
FOR TRACT 12633, DIVIDEND DEVELOPMENT CORPORATION AND
WARMINGTON SAN JUAN ASSOCIATES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE ASSIGNMENT OF SUBDIVISION IMPROVEMENT AND
THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES,
AND RIGHTS FROM DIVIDEND DEVELOPMENT CORPORATION TO
WARMINGTON SAN JUAN ASSOCIATES
RESOLUTION NO. 93-9-7-4. APPROVAL OF ASSIGNMENT OF SUBDIVISION
IMPRO VEMENTAGREEMENT AND EOUI VALENT SURETY SUBSTITUTION
FOR TRACT 13027, DIVIDEND DEVELOPMENT CORPORATION AND
WARMINGTON SAN JUAN ASSOCIATES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE ASSIGNMENT OF SUBDIVISION IMPROVEMENT AND
THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES,
AND RIGHTS FROM DIVIDEND DEVELOPMENT CORPORATION TO
WARMINGTON SAN JUAN ASSOCIATES
The Mayor was authorized to execute the Assignment Agreements on behalf of the City, and the City
Clerk was directed to forward the documents to the County Recorder.
9. RESOLUTION, APPROVAL OF APPLICATION FOR GRANT FUNDS - STONEHILL
DRIVE LANDSCAPING (TRANSPORTATION ENHANCEMENT ACTIVITIES
PROGRAM) (820.20)
As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the
following Resolution was adopted approving the application for Transportation Enhancement Activities
Program grant funds to complete the landscaping of the parkway and slopes for the Stonehill Drive
project and the slopes to the access road to the Lower Rosan Ranch property:
RESOLUTION NO. 93-9-7-5. APPROVAL OF APPLICATION FOR GRANT
FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES
PROGRAM FOR THE STONEHILL DRIVE LANDSCAPING PROJECT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR THE
TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
FOR THE STONEHILL DRIVE LANDSCAPING PROJECT
10. RESOLUTION. APPROVAL OF APPLICATION FOR GRANT FUNDS - NORTHWEST
SITE (TRANSPORTATION ENHANCEMENT PROGRAM) (530.40)
As set forth in the Report dated September 7, 1993, from the Director of Engineering and Building, the
following Resolutions were adopted approving the application for Transportation Enhancement Activities
Program grant funds for two projects at the Northwest Open Space Site: 1) to help offset acquisition
costs and 2) the enhancement of the view corridors along Camino Capistrano and the railroad:
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071
RESOLUTION NO. 93-9-7-6. APPROVAL OF APPLICATION_ FOR GRA
' FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES
PROGRAM FOR THE ACQUISITION OF SCENIC VIEW CORRIDOR
PROJECT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR
FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES
PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT OF 1991 FOR THE ACQUISITION OF SCENIC CORRIDOR
PROJECT
RESOLUTION NO. 93-9-7-7. APPROVAL OF APPLICATION FOR GRANT
FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES
PROGRAM FOR THE LANDSCAPE ENHANCEMENT FOR SCENIC VIEW
CORRIDOR PROJECT - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT
ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE LANDSCAPE
ENHANCEMENT FOR SCENIC VIEW CORRIDOR PROJECT
11. RESOLUTION ESTABLISHING 1993-94 APPROPRIATION LIMITATION (330.20)
As set forth in the Report dated September 7, 1993, from the Director of Administrative Services, the
following Resolution was adopted establishing the 1993-94 fiscal year appropriation limits in the amount
of $22,952,577:
' RESOLUTION NO. 93-9-7-8, ESTABLISHING APPROPRIATION LIMITS, 1993-94
FISCAL YEAR - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE XIIIB
APPROPRIATION LIMITS (GANN LIMIT) FOR THE 1993-94 FISCAL YEAR
12. INITIATION OF GENERAL PLAN AMENDMENT - FIVE-YEAR HOUSING ELEMENT
UPDATE, GENERAL PLAN AMENDMENT 93-2 (440.25)
As set forth in the Report dated September 7, 1993, from the Planning Director, the following
Resolution was adopted initiating the preparation of a General Plan Amendment to revise and update
the five-year Housing Element Update, as required by State law:
RESOLUTION NO. 93-9-7-9. INITIATION OF AMENDMENT TO THE
GENERAL PLAN - HOUSING ELEMENT FIVE-YEAR UPDATE. GENERAL
PLAN AMENDMENT 93-2 -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING THE
PREPARATION OF DRAFT AMENDMENT TO THE GENERAL PLAN,
HOUSING ELEMENT FOR THE CITY OF SAN JUAN CAPISTRANO,
GENERAL PLAN AMENDMENT 93-2
13. RESOLUTION RATIFYING THE AUGUST 17. 1993, APPROVAL OF APPEAL -
DEMOLITION PERMIT. HANKEY-ROWSE COTTAGE. 28232 ORTEGA HIGHWAY.
TENTATIVE PARCEL MAP 92-107 (420.70)
As set forth in the Report dated September 7, 1993, from the Planning Director, the following
' Resolution was adopted ratifying the City Council action of August 17, 1993, approving the applicants'
request to either demolish or relocate the Hankey/Rowse cottage located at 28232 Ortega Highway,
including a condition requiring the preparation and submittal of an Historical American Building Survey
(HABS) and a biography of the Hankey family prior to demolition or relocation:
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072
RESOLUTION NO. 93-9-7-10, DEMOLITION PERMIT REQUEST - HANKEY
COTTAGE. 28232 ORTEGA HIGHWAY - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING A REQUEST FOR DEMOLITION OR
RELOCATION OF THE HANKEY COTTAGE LOCATED AT 28232 ORTEGA
HIGHWAY (HANKEY)
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION ACTION OF JULY 29.1993. ARCHITECTURAL
CONTROL MODIFICATION TO ALLOW A 600-SOUARE FOOT BUILDING ADDITION
SUBJECT TO CONDITIONS FOR EL MAGUEY RESTAURANT, 31481 CAMINO
CAPISTRANO. ARCHITECTURAL CONTROL 74-5 (ZONE VARIANCE 93-1) (410.60)
Proposal:
Consideration of an appeal of three conditions imposed by the Planning Commission on July 29, 1993,
in approving Architectural Control 74-5 (Modification) and Zone Variance 93-01: 1) limiting the
addition for storage use only; 2) requiring reciprocal access/parking easements; and 3) requiring
additional Planning Commission review of the satellite dish antenna.
Property Owner:
Desmond Fitzsimmons
P.O. Box 1538
San Juan Capistrano, CA 92675
Applicant /AQpellant:
Enrique Garcia
31481 Camino Capistrano
San Juan Capistrano, CA 92675
Written Communication:
Report dated September 7, 1993, from the Planning Director, recommending that the appeal be upheld
to allow approximately 250 square feet of the proposed 600 -square -foot addition to be used as dining
area based on the finding that the project area meets the definition of a shopping center and that
adequate parking would be available based on Municipal Code requirements and the parking analysis
provided. This approval would be subject to a condition requiring the applicant to record a Reciprocal
Access/Parking Agreement to eliminate separate parcel lines.
Exhibits were on display, and Mr. Tomlinson made an oral presentation. He noted that the satellite dish
portion of the appeal had been deleted since the distribution of the Council packets. He explained that
an exception to the Land Use Code requirements for ground -mounted satellite dishes was approved by
the Planning Commission at its meeting of August 24, 1993, to allow an existing pole -mounted, roof -
mounted satellite dish, subject to a condition requiring the applicant to submit a terra cotta color sample
for the antenna to the Planning Department prior to the issuance of a Building Permit. He also noted
that the draft Resolution had been revised to clarify language and was approved by the applicant.
Council Questions to Staff:
Council Member Hausdorfer inquired about the ownership of the three parcels in question.
Mr. Tomlinson advised that there was one common property owner for all three parcels. He explained
that the reason for conditioning the project to have a reciprocal access/parking agreement was to ensure
that the restaurant would continue to have sufficient parking if one or more of the parcels were sold.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
person responded:
(1) Kenneth Friess, agent for the property owner and tenant, submitted a handout on the
restaurant. He explained that the applicant has a ten-year lease on the northern two parcels,
and the remaining parcel is leased by a real estate company. He stated that the applicant
concurred with the staff recommendations and noted that the applicant has spent $6,000 to date
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07°
on planning fees for this project. He stated that when the applicant purchased the restaurant,
' he was informed by the State Health Department that the kitchen was too small. The applicant
then decided to build an addition to the back of his property to create additional storage so that
the kitchen could be enlarged. After considering costs, Mr. Garcia decided to enlarge his
dining area. Mr. Friess noted that Mr. Jimenez, the previous owner, indicated to him that the
patio existed when he purchased the property in 1968; however, no records are available of the
original construction.
Council Member Vasquez inquired whether the satellite dish could be seen from Camino Capistrano.
Mr. Friess indicated it could not and explained the conditions of approval imposed by the Planning
Commission on the dish. He noted there are businesses in the City which have much difficulty in
completing the planning process for small projects because of costs and the length of processing time.
There being no further input, the hearing was declared closed with the right to reopen at any time
Council Discussion:
Council Member Hausdorfer suggested that the Council form a working group of business people to
address the problems of processing small projects for businesses in the City in order to streamline the
process and minimize costs. He felt that the City should encourage the businesses that help to maintain
the City's character. Council Member Nash noted that the City was currently in the process of reviewing
City regulations to help businesses in the City and that a report would be available in approximately
three weeks. Council Member Vasquez suggested that the fee schedule for processing small
development applications be revised so that fees are based on a project's value. Council Member
Campbell noted that the Council was currently working diligently to remove much of the red tape for
small projects.
' Adoption of Resolution Upholding_ Appeal of Architectural Control 74-5 (Mod) and
Zone Variance 93-1:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO. 93-9-7-11. UPHOLDING APPLICANT'S APPEAL WITH
CONDITIONS - ARCHITECTURAL CONTROL 74-5 (MODIFICATION) AND
ZONE VARIANCE 93-5 (EL MAGUEY) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
UPHOLDING THE APPLICANT'S APPEAL OF ARCHITECTURAL CONTROL
74-5 (MODIFICATION) AND ZONE VARIANCE 93-1; A REQUEST FOR A
BUILDING ADDITION IN THE REQUIRED REAR YARD SETBACK FOR AN
EXISTING RESTAURANT LOCATED AT 31481 CAMINO CAPISTRANO,
SUBJECT TO THE CONDITION THAT THE ADDITION BE LIMITED TO
STORAGE PURPOSES ONLY AND THE REQUIREMENT FOR A
RECIPROCAL ACCESS/PARKING AGREEMENT (EL MAGUEY)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
' It was a consensus of he Council that staff provide an accounting of the 56,000 spent by the applicant
to date and that Council reserve the right to address this issue in the future.
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2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
SECOND AMENDMENT TO LEASE AGREEMENT FOR PROPERTY LOCATED AT
226874 ORTEGA HIGHWAY. TEXACO REFINING AND MARKETING. INC. (MISSION
TEXACO STATION) (400.20) (CONTINUED FROM AUGUST 17. 1993)
Proposal:
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
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. The hearing was continued from the meeting of August 17, 1993,
so that final revisions could be made to the Second Amendment to the existing Lease Agreement.
Written Communication:
Report dated August 17, 1993, from Douglas Dumhart, Management Assistant, summarizing the terms
of the lease and proposed improvements.
Mayor Jones announced that the hearing on this item would be continued at the request of staff.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Kenneth Friess, 31506 Paseo Christina, representing both Mission Texaco and Texaco Refining
and Marketing, Inc., stated that the applicants were not made aware of the continuance and
were in attendance. _
Mr. Scarborough explained that the continuance was requested by staff to respond to issues regarding
market rent and modifications to the landscaping plan. Mayor Jones and Council Member Campbell
expressed concern that the applicants were not notified earlier of the need to continue the item.
Mr. Scarborough noted that the Texaco station use would continue until this item was completed and
the use was removed.
Mr. Denhalter advised the Council that it would be unwise to take action on this item at this meeting,
despite the presence of the applicants' representatives, since the Mayor announced at the beginning of
the meeting that this item would be continued. Mr. Friess indicated that the applicants would agree to
the continuance and would be present at the next public hearing on this item.
(2) David Swerdlin of Mission Photography, 31762 Camino Capistrano, expressed concern that the
relocation of the on -street parking spaces in front of the EI Peon complex to the Texaco site
had not been discussed with the tenants prior to the meeting. He emphasized the need of the
tenants to use those spaces for deliveries, etc. He suggested that staff consider an alternative
plan to retain the 17 parking spaces for the EI Peon tenants. Mr. Scarborough indicated that
a separate report on this issue would be provided for the next meeting.
Continuation of Public Hearing:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the public hearing be continued to the meeting of September 21, 1993.
RECESS AND RECONVENE
Council recessed at 7:50 p.m, to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:55 p.m.
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075
ADMINISTRATIVE ITEMS
' CITY MANAGER
1. CONSIDERATION OF CHANGE OF LAW ENFORCEMENT STAFFING TO PROVIDE
FOR A FULL-TIME LIEUTENANT/CHIEF OF POLICE SERVICES (600.50)
Written Communication:
Report dated September 7, 1993, from the City Manager, recommending that a full-time Lieuten-
ant/Chief of Police be retained with the Orange County Sheriffs Department due to the City of Dana
Point's recent decision to contract a full-time Lieutenant/Chief of Police (instead of sharing with San
Juan Capistrano) and the City's increasing demands for law enforcement management services.
Mr. Scarborough made an oral presentation.
Council Comments:
Council Member Campbell felt that this was a very important expenditure for the City and would be
of great value to the community. It was a consensus of the Council that a letter be sent to the Sheriffs
Department in support of Lt. Dan Martini for the new position. Council Member Vasquez suggested
that the City also address other prevention methods and resources such as intervention programs to
determine where problems are and how to address problems with youth and gangs in the community.
Authorization of Amendment to the Law Enforcement Services AareemenC
It was moved by Council Member Campbell, seconded by Mayor Jones, and unanimously carried that
an amendment to the Law Enforcement Services Agreement with the County of Orange be authorized
to provide for full-time Lieutenant/Chief of Police services, for a total annual cost of $116,704. The
additional cost for the balance of the 1993-94 fiscal year is $43,764.
2. CONSIDERATION OF AN ORDINANCE PROHIBITING SOLICITATION IN CERTAIN
DESIGNATED AREAS (585.10)
Written Communication:
Report dated September 7, 1993, from the Assistant to the City Manager, forwarding a draft Ordinance
for introduction prohibiting solicitation in designated areas, including solicitation of employment and
contributions. Areas so posted would be at the request of property owners, similar to the City's
Skateboarding Ordinance.
Jennifer Murray, Assistant to the City Manager, gave an oral presentation. She noted that upon
adoption of the Ordinance, a Resolution would be presented to the Council at a future meeting
establishing fees for processing applications and petitions for "No Soliciting" areas and for the posting
of appropriate bilingual signs.
Council Member Hausdorfer inquired whether the City reviewed similar Ordinances in other cities that
allocated a certain area for day workers to congregate. Ms. Murray indicated that other cities were
surveyed, and the response was generally that the set-aside areas for day workers were not very
successful since the areas were not located in places where the day workers congregated. In addition,
City staff felt that the problem in San Juan Capistrano was not large enough to warrant a "hiring hall"
and that the draft Ordinance was intended to resolve problems at Alipaz Plaza. Mayor Jones noted that
the hiring hall in Dana Point had been successful in the beginning but was not at this time.
Introduction of Ordinance Relatin¢ to Solicitation of Emolovment/Contribution
' The Deputy 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 Hausdorfer, that the following Ordinance be introduced:
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076
AMENDING TITLE 5 OF THE MUNICIPAL CODE - ADDING CHAPTER 24,
SOLICITATION OF EMPLOYMENT. CONTRIBUTIONS, OR BUSINESS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING CHAPTER 24, "SOLICITATION PROHIBITED IN CERTAIN
DESIGNATED AREAS," TO TITLE 5 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF PLANNING SERVICES
1. CONSIDERATION OF PROVISIONS TO CITY COUNCIL POLICY NO. 112,
CONSULTANT SELECTION PROCEDURES FOR ENVIRONMENTAL
DOCUMENTATION (610.30)
Written Communications:
(1) Report dated September 7, 1993, from the Planning Director, recommending that the City's
consultant selection procedures be modified for environmental documentation to provide the
option of selecting an environmental consultant from a list of pre -qualified environmental
consultants for the preparation of environmental documents and expediting the consultant
selection process. _
(2) Draft revision to City Council Policy 112.
Mr. Tomlinson made an oral presentation. He explained that if an applicant so desired, staff could
obtain bid estimates within the applicant's budget. Processing would take only one to two weeks
compared with six to eights weeks for the current processing.
Approval of Revisions to Council Policy No. 112:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the proposed
revisions to Council Policy No. 112, "Professional Consultant Selection Guidelines," be approved to
provide an alternative consultant selection process for the preparation of environmental documents. The
motion was carried by the following roll call vote:
AYES: Council Members Campbell, Hausdorfer, Nash, and Mayor Jones
NOES: Council Member Vasquez
ABSENT: None
Council Member Vasquez indicated that he voted in opposition because he felt the consultant list would
short circuit the competitive process and that staff should always strive to "get the best deal" in each
case. Mr. Tomlinson felt that Council Member Vasquez's concerns were addressed in the revised policy
since the list of consultants could continue to be revised and added to. He noted that an initial list
would be provided to the Council for approval.
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DIRECTOR OF ENGINEERING AND BUILDING SERVICES
' 1. RECONSIDERATION OF LANDSCAPE DESIGN - SAN JUAN CAPISTRANO
RAILROAD PASSENGER LOADING AND WAITING PLATFORM. SOUTH (600.30)
Mayor Jones and Council Member Vasquez indicated they had a potential conflict of interest in this
matter because of the proximity of their residences/businesses to this project. Council Member Vasquez
left the Council Chamber, and Mayor pro tem Campbell presided.
Written Communication:
Report dated September 7, 1993, from the Director of Engineering and Building, requesting that the
landscape plan for the railroad platform be modified to substitute Brisbane Box and/or Sweet Bay
Laurel for the Podocarpus Gracilior and to modify the shrubbery and ground cover planting as
appropriate. This item was in response to the project architect's concerns with the action taken by the
Council on June 15, 1993, in which Podocarpus Gracilior was approved for the front of the Franciscan
Plaza parking structure.
Approval of Modifications to Landscape Plan for Railroad Platform:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the landscape
design for the front of the Franciscan Plaza parking structure be modified to substitute Brisbane Box
for the Podocarpus Gracilior. The motion was carried by a 3-0-2 vote, with Mayor Jones abstaining and
Council Member Vasquez absent.
Mayor Jones resumed his duties, and Council Member Vasquez returned to the Council Chamber.
2. SAN JUAN CREEK RAILROAD BRIDGE RECONSTRUCTION - ARCHITECTURAL
TREATMENT (820.45)
' Written Communication:
Report dated September 7, 1993, from the Director of Engineering and Building, forwarding the plans
for the architectural treatment of the San Juan Creek Railroad Bridge and recommending approval.
Mr. Huber made an oral presentation. He noted that construction was expected to begin in May 1994
and discussed the suggestions made by the Design Review Commission in its review of this project.
Council Comments:
Council Member Campbell felt that there should be more of an arch to the arches across the bridge.
Mayor Jones expressed dissatisfaction with the design because of its extreme contemporary appearance.
Continuation of Item with Modifications to Design:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously
carried that this item be continued to review alternative designs with a facade that would be more
traditional in appearance and more in character with San Juan Capistrano, such as steel sides, diagonal
ties, techniques using paint on the concrete, etc.
Mr. Huber advised that he would present the alternative designs to the Flood Plain Committee for
review prior to being resubmitted to the Council.
3. INSTALLATION OF SPEED HUMPS ON LOS RIOS STREET - DEL OBISPO STREET
TO MISSION STREET AND IN THE CAPISTRANO VILLAS NEIGHBORHOOD (590,50)
Mayor Jones and Council Member Vasquez indicated they had a potential conflict of interest in this
' matter because of the proximity of their residences/businesses to this project. Council Member Vasquez
left the Council Chamber, and Mayor pro tem Campbell presided.
City Council Minutes -11- 9/7/93
078
Written Communications:
(1) Report dated September 7, 1993, from the Director of Engineering and Building, _
recommending that speed humps be installed on Los Rios Street between Del Obispo Street
and Mission Street and in the Capistrano Villas neighborhood as demonstration projects, as
requested by residents in both neighborhoods.
(2) Letter dated September 6, 1993, from Bill and Denise Caras, 31712 Los Rios Street, in favor
of the speed humps.
Mr. Huber made an oral presentation.
Council Member Campbell expressed concern that speed humps could present a hazard to seniors and
could create a liability problem for the City. She recommended that the locations of the speed humps
be clearly marked. Council Member Nash recommended that the signs have more character and be
lower in height than standard engineering signs to be more compatible with the Los Rios neighborhood.
She noted similar signs located in Coto de Caza on the main street near the guard gate.
Adoption of Resolutions Establishing Speeds Humps on Los Rios Street and in the Capistrano Villas
Neighborhood:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolutions be adopted, subject to the following conditions:
(1) The speed humps shall be clearly marked.
(2) The design of the signs shall have more character and shall be installed lower in height than
standard engineering signs to be more compatible with the Los Rios neighborhood.
RESOLUTION NO. 93-9-7-12. ESTABLISHMENT OF SPEED HUMPS ON
PUBLIC STREETS. LOS RIOS - DEL OBISPO TO MISSION STREET - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DIRECTING THE INSTALLATION OF SPEED
HUMPS AS A DEMONSTRATION PROJECT ON OLD RIOS BETWEEN DEL
OBISPO STREET AND MISSION STREET
RESOLUTION NO. 93-9-7-13, ESTABLISHMENT OF SPEED HUMPS ON
PUBLIC STREETS. CAPISTRANO VILLAS NEIGHBORHOOD - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DIRECTING THE INSTALLATION OF SPEED HUMPS AS A
DEMONSTRATION PROJECT IN THE CAPISTRANO VILLAS
NEIGHBORHOOD
The motion carried by the following vote
AYES:
Council Members Campbell, Hausdorfer, and Nash
NOES:
None
ABSTAIN:
Mayor Jones
ABSENT:
Council Member Vasquez
Mayor Jones resumed his duties, and Council Member Vasquez returned to the Council Chamber.
City Council Minutes -12- 9/7/93
079
COUNCELMANIC ITEMS
1. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE BUSINESS MEETING) (140.20) (CONTINUED FROM
AUGUST 17, 1993)
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, 1993, in San Francisco.
Appointment of Voting Delegate and Alternate:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that Council Member Campbell serve as the City's voting delegate, and a staff member, to be
selected by the City Manager, serve as the alternate at the League's Annual Conference on
October 16-19, 1993.
Mayor Jones suggested that Council Member Campbell vote by proxy if she is unable to attend the
conference.
2. RECOMMENDATIONS FROM COUNCIL SUBCOMMITTEE ON COMMISSION/BOARD
STRUCTURES (110.10)
Written Communication:
Report dated September 7, 1993, from the Council Subcommittee on Commission/Board Structure,
forwarding their recommendations on restructuring the City's commissions and boards. The
Subcommittee proposed combining the Planning Commission and Design Review Commission and
' adding two additional members, combining duties of the Parks and Recreation Commission with the
Equestrian and Recreation Trails Commission, and revising the responsibilities of the Los Rios Review
Committee to act as an advisory board only. No changes were proposed for the Cultural Heritage
Commission or the Mobile Home Park Review Committee.
Mr. Scarborough made an oral presentation.
Carol Shapiro, 26926 Goya Circle, Mission Viejo, stated that she boards a horse in San Juan Capistrano,
is president of Equestrian Trails, Inc., Corral 59, and was representing Sycamore Trails stables. She
expressed concern that equestrian issues would not be adequately addressed without a separate
Equestrian and Recreational Trails Commission and that there may be a potential for losing more trails
and equestrian facilities in San Juan Capistrano. She suggested that there be equal representation, with
three members from the Equestrian and Recreational Trails Commission and three members from the
Parks and Recreation Commission. She also recommended that a working trails committee be formed
to address equestrian trails issues only.
Council Comments:
Council Member Campbell stated she supported the restructing of the Commissions; however, she
expressed concern with the proposal that two members of the newly combined Planning
Commission/Design Review Commission must have professional degrees in architecture or planning
because she felt it would limit the selection process. She also felt that a seven -member Planning
Commission would be cumbersome. She also expressed concern with having two members from the
Equestrian and Recreational Trails Commission on the Parks and Recreation Commission because of
the need to address numerous other important issues in their capacity. She preferred that appointed
members have a total scope of all facets of recreation in the community, including youths and seniors.
Council Member Vasquez questioned whether a degree was necessary to be a member on the Planning
Commission. He suggested that a Council Policy be considered allowing Council Members to nominate
City Council Minutes -13- 9/7/93
ME
their choices for commission appointments until one candidate is acceptable to the majority of the
Council. He felt having a representative for each Council Member on the City's commissions would
improve communication between the Council and the commissions. He expressed concern that persons
he has presented for nomination in the past have not been supported by the Council majority. He felt
that the present system of nominating persons for commissions draws from the same group and does
not offer diversity or fresh representation. Council Member Nash concurred and stated that Council
Members who are "with the majority of the Council" can get nominees confirmed easily.
Council Member Hausdorfer opposed Council Member Vasquez's suggestion because it would hold up
the process of nomination until a person acceptable to the majority of the Council is nominated by a
particular Council Member and the delays may damage the orderly business of the City.
Failure of Motion to Consider New Council Policy Re: Nomination Process for Commissions/Boards:
It was moved by Council Member Vasquez, seconded by Council Member Nash, that a Council Policy
be considered allowing Council Members to nominate their choices for commission appointments until
one candidate is acceptable to the majority of the Council. The motion failed by the following roll call
vote:
AYES: Council Members Nash and Vasquez
NOES: Council Members Campbell and Hausdorfer and Mayor Jones
ABSENT: None
Acceptance of Recommendations by Council Subcommittee on Commission/Board Structure:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that:
(1) The recommendations and schedule of the Council Subcommittee on Commission/Board
Structure be accepted;
(2) Code Amendment 93-6 be initiated to consider changes to the City's boards and commissions;
and
(3) Code Amendment 93-7 be initiated modifying Title 9 of the Municipal Code regarding changes
in the Development Review Process and regulations related to the revised duties and
responsibilities of the City's commissions to ensure the incorporation of these duties in the
Land Use Code.
The motion was carried by the following roll call vote:
AYES: Council Members Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: Council Member Campbell
ABSENT: None
3. INITIATION OF AMENDMENT TO LOS RIOS PRECISE PLAN - ADMINISTRATIVE
PROCEDURES (400.40)
Mayor Jones and Council Member Vasquez indicated they had a potential conflict of interest in this
matter because of the proximity of their residences/businesses to this project. Mayor pro tem Campbell
presided.
City Council Minutes -14- 9/7/93
Written Communication:
Report dated September 7, 1993,
initiated to the Los Rios Precise
advisory -only capacity of the Los
interest for Committee members.
from the Planning Director, recommending that an amendment be
Plan, Administrative Procedures, to clarify language regarding the
Rios Review Committee to remove the potential for conflicts of
Approval to Initiate Amendment to Los Rios Precise Plan:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that consideration
of an amendment to the Los Rios Precise Plan be initiated to remove the potential for creating conflicts
of interest for appointed Committee members. The motion was carried with Council Member Vasquez
and Mayor Jones abstaining.
Mayor Jones resumed his duties.
4. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Council Member Nash noted that the Agency Board of Directors would be considering
modifying the architecture on the toll booths in all of the areas of the Corridor.
b. San Joaquin Hills Transportation Corridor (800.50)
Mr. Denhalter summarized the ruling made in the Federal District Court this date on the case
of Laguna Greenbelt v. San Joaquin Hills Transportation Corridor, et al: The judge divided the
Corridor into three segments. The southern and northern sections have been released from
' any injunctive activity and can begin construction immediately. The central section has not had
any disturbance of natural terrain, and a complete injunction was imposed until a series of
summary judgement motions and briefings have been filed, probably in January 1994, by both
the plaintiffs and the defendants in this matter to determine if each agency has satisfied all
requirements. The judge stated that access to freeways would be allowed at both ends of the
Corridor despite the injunction on the central section. He noted that the judge wants both
parties to act quickly on their briefings so that hearings may be scheduled as soon as both
parties are ready. No trial has been set.
Council Member Vasquez inquired whether the City could become involved in this issue.
Mr. Denhalter noted that the judge did not allow anyone at the hearing to participate. He
stated that the City would have to work through the ebsting litigants to have any input in the
process.
Mr. Scarborough noted that the Corridor Agency has indicated its commitment to the City not
to begin construction until July 1994 and not to begin construction south of Greenfield until an
alternative has been considered.
C. Leave of California Cities (140.20)
Council Member Hausdorfer noted the meeting scheduled for Thursday, September 9 at
Anaheim Stadium to discuss the State budget.
d. Southeast Regional Reclamation Authority„ (SERRA) (1040.60)
Council Member Vasquez noted that the construction of the administration building was put
on hold until spring 1994 due to underestimation of construction costs. He stated that if the
project could not be bid for the budgeted amount, funding may be requested from the City.
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082
1.
Council Member Vasquez requested the Council's support for his attendance at the National
Congressional Hispanic Caucus Institute in Washington, D.C. in September 1993. He noted that he
would pay his own airfare and conference fees and requested reimbursement for hotel and other
expenses. It was a consensus of the Council to support Council Member Vasquez's attendance at the
conference.
2. CONFLICT IN SCHEDULE OF EVENTS
Council Member Hausdorfer noted the receipt of a letter from Carol Wilson regarding scheduling
conflicts between the City's flea market and Rancho Days. He concurred with her comments and
suggested that the Director of Community Services take her comments into consideration.
Council recessed to a Closed Session at 9:25 p.m. for discussion of litigation per Government Code Section
54956.9(a) (Swerdlin v. CRA, Laguna Greenbelt, Inc. v. San Joaquin Hills Transportation Corridor, et al and
Negrete v. City of San Juan Capistrano II), labor negotiations per Government Code Section 54957.6, property
matters per Government Code Section 54956.8 (26832 Ortega Highway, Steelman, et al; 31431 Camino
Capistrano, Decorative Arts Center, and Parcel No. 664-172-01, Solag), the Deputy City Clerk being excused
therefrom, and reconvened at 11:15 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:15 p.m. to the next regular
meeting date of Tuesday, September 21, 1993, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
B• r
ATTEST:
CyL JONES, MAYOR
City Council Minutes -16- 9/7/93