93-1116_CC_Minutes_Regular MeetingNOVEMBER 16, 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 Council Member Gary L. Hausdorfer.
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, Director of Administrative Services; William M. Huber, Director of
Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; Ronald C. Sievers,
Director of Public Lands and Facilities; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that
' all Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
F
1. PROCLAMATION DECLARING THURSDAY. NOVEMBER 18. 1993. AS THE 17TH
ANNUAL GREAT AMERICAN SMOKEOUT (610.40)
Written Communication:
Report dated November 16, 1993, from the City Clerk, forwarding the Proclamation.
Approval and Presentation of Proclamation:
Mayor Jones read the Proclamation in full. It was moved by Council Member Vasquez, seconded by
Council Member Hausdorfer, and unanimously carried that November 18,1993, be proclaimed as Great
American Smokeout Day, in support of the American Cancer Society's 17th annual event.
ORAL COMMUNICATIONS (CITY COUNCIL/COMhWNITY REDEVELOPMENT AGENCYI
None.
CONSENT CALENDAR
It was moved by Council Member Nash, 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:
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147
199.1
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES -
REGULAR MEETING OF OCTOBER 19. 1993
The Minutes of the Regular Meeting of October 19, 1993, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
REGULAR MEETING OF OCTOBER 19, 1993
The Minutes of the Regular Meeting of October 19, 1993, were approved as submitted.
3. RECEIVE AND FILE CASH BALANCES BY FUND FOR AUGUST 1993 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month of August 1993 in the total amount
of $-377,866.89 was received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR SEPTEMBER 1993 50)
The City Treasurer's Report of Cash Fund Balances for the month of September 1993 in the total
amount of $-123,534.43 was received and filed.
5. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF
OCTOBER 31. 1993 (350.30)
The City Treasurer's Report of Investments as of October 31, 1993, in the total amount of
$16,442,136.63 was received and filed.
6. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated November 16, 1993, from the Planning Director, advising that five new development
applications were received by the City since the last report of October 19, 1993, was received and filed.
7. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO CALL
FOR BIDS -HILLTOP WAY SEWER RECONSTRUCTION AND CALLE ARROYO
SEWER REHABILITATION (600.30)
As set forth in the Report dated November 16, 1993, from the Director of Engineering and Building,
the plans and specifications were approved for the Hilltop Way Sewer Reconstruction and Calle Arroyo
Sewer Rehabilitation. Staff was authorized to call for bids to be received in spring 1994. Council
Member Hausdorfer abstained due to the proximity of his residence to this project.
8. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS -
1994 WEED AND RUBBISH ABATEMENT PROGRAM (600.30)
As set forth in the Report dated November 16, 1993, from the Director of Public Lands and Facilities,
the specifications were approved for the 1994 Weed and Rubbish Abatement Program. Staff was
authorized to call for bids.
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9. RESOLUTION SUPPORTING THE AMENDED HAZARDOUS MATERIALS AREA
' PLAN (530.20)
As set forth in the Report dated November 16, 1993, from the City Manager, the following Resolution
was adopted supporting the Orange County Hazardous Materials Area Plan dated November 1992 and
authorizing the Mayor to sign a Notice of Commitment to implement the provisions of the Plan:
RESOLUTION NO, 93-11-16.1.ORANGE COUNTY HAZARDOUS MATERIALS
AREA PLAN - NOTICE OF COMMITMENT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE MAYOR TO SIGN A NOTICE OF COMMITMENT TO
IMPLEMENT THE COUNTY OF ORANGE HAZARDOUS MATERIALS AREA
PLAN
10. DENIAL OF CLAIM - PERSONAL INJURY (COURTNEY RODRIGUEZ) (170.10)
The claim received by the City from Larry T. Pleiss, attorney on behalf of Courtney Rodriguez, a minor,
for an undetermined amount for personal injuries, was denied, as set forth in the Report dated
November 16, 1993, from the City Attorney.
11. DENIAL OF CLAIM - LOSS OF PROPERTY VALUE (SCOTT AND KATIE LAMMING)
(170,10)
The claim received by the City on October 13, 1993, from Scott and Katie Lamming in the amount of
$5,230,000 for loss of property value was denied, as set forth in the Report dated November 16, 1993,
from the City Attorney.
' PUBLIC HEARINGS
1. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - YEAR 20 (FISCAL
YEAR 199495) (480.20)
Proposal:
Consideration of the annual application for Community Development Block Grant (CDBG) funds to
receive Federal Housing and Urban Development funding through the County of Orange for the benefit
of low- and moderate -income persons.
Written Communication:
Report dated November 16, 1993, from the Planning Director, forwarding the recommendations of the
CDBG Citizen Participation Committee to apply for a total grant of $438,000, including the proposed
expenditure of program income accrued in Year 20.
Mr. Tomlinson made an oral presentation, advising that at its November 9th meeting the Planning
Commission had recommended that the application be approved as proposed. He noted that the issue
of pedestrian safety on Los Rios Street would be pursued and that staff would provide a cost estimate
before the project is submitted to the City Council for consideration.
Council Member Hausdorfer inquired how the public could obtain this funding. Mr. Tomlinson advised
that the City currently has 100 applicants on file and that applications forms were being developed for
availability by June 1994. He noted that the program will be widely publicized.
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Public Hearinf:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
person responded:
(1) Pauline Leonard, 27589 Brookside Lane, spoke in support of the staff recommendations,
particularly the scholarships for Community Services activities and agricultural housing projects.
She urged that the City allow the community to be more involved in the process prior to the
approval stage and that the City use an aggressive approach to inform the public of these funds
and consider their requests.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council/Staff Comments:
Council Members Nash and Hausdorfer commended staff in finding other programs that could benefit
from this funding. Mr. Tomlinson expressed appreciation to Mary Raskin, Assistant Planner, for
coordinating the City's program and working with other departments to identify the alternative
programs.
Approval of Year 20 CDBG Application:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following
Resolution be adopted:
RESOLUTION NO 93-11-16-2. APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION FOR YEAR 20 (FISCAL
YEAR 19941995) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION FOR YEAR 20 (FISCAL
YEAR 19941995) FOR TEN SEPARATE PROGRAMS WITH A TOTAL GRANT
REQUEST OF $438,000, INCLUDING THE PROPOSED EXPENDITURE OF
PROGRAM INCOME ACCRUED IN YEAR 20
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, and Nash
NOES: None
ABSTAIN: Council Member Vasquez and Mayor Jones
ABSENT: None
The application consists of the following ten programs proposals in the amount of $438,000:
(1)
Rehabilitation of Private Properties: Mobile Home Rehabilitation ................
$ 90,000
(2)
Rehabilitation of Private Properties: Citywide Private Property Rehabilitation .......
$ 30,000
(3)
Rehabilitation of Private Properties: HOME Program .........................
$ 80,000
(4)
Rehabilitation of Commercial Properties: Downtown Commercial
Rehabilitation Program ...............................................
$ 35,000
(5)
Public Services: Community Services Scholarship Program .....................
$ 10,000
(6)
Interim Assistance: Neighborhood Pride Clean Streets/NBHD Graffiti Removal
..... $ 26,000
(7)
New Rental Housing Development: Stabilization of the Joel Congdon House ........
$ 10,000
(8)
Public Services: Housing Assistance Brochure ...............................
$ 2,000
(9)
Public Facilities and Improvements: Street/Security Lighting Program .............
$ 80,000
(10)
Public Facilities and Improvements: Los Rios Entry Gate Construction ............
$ 10,000
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' Council recessed at 7:14 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:15 p.m.
CITY MANAGER
1. PROPOSED ORDINANCE AMENDING TITLE 5. CHAPTER 20 -
SMOKING IN PUBLIC PLACES (585.20)
Written Communication:
Report dated November 16, 1993, from Carole Jacklin, Council Services Manager, advising that current
smoking regulations require restaurants with 50 or more seats to set aside 75% of their seating for non-
smoking customers; bars and night club areas are currently exempt. The report submitted two proposals
for regulating smoking in the City's restaurants and bars: 1) 100% non-smoking areas in all restaurants,
including bars and nightclubs unless the smoking areas are physically separated or separately ventilated -
outdoor seating would be excluded; and, 2) 100% non-smoking areas in all restaurants, excluding bars
and nightclubs.
Carole Jacklin, Council Services Manager, gave an oral presentation. She noted that a survey conducted
of members of the Chamber of Commerce showed support for a 100% ban on smoking except for bars
and outdoor areas. She referred to documents regarding smoking regulations in other Southern
California cities, including the California "Smoke Free" project and articles in the San Diego Union
Tribune and The Orange County Register, which indicate a trend for a 100% ban on smoking in
' restaurants and evidence showing no adverse economic impact from the regulations. She noted that
petition drives to repeal the bans on smoking in restaurants in the City of Los Angeles and Laguna
Beach had been unsuccessful because petitioners had been unable to collect enough signatures.
Council Comments:
Council Member Hausdorfer felt that prohibiting smoking in bars and outdoor areas would be too
difficult to enforce and could prove costly to obtain compliance from certain establishments. He noted
that evidence has shown second-hand tobacco smoke to be very dangerous to health and that the
smoking ordinances have not proven to have an adverse economic impact on restaurants. Mayor Jones
inquired how the City would respond in the event of a complaint of smoke intrusion into a dining area.
Ms. Jacklin advised that the City would try to obtain voluntary compliance from the restaurant owner.
Introduction of Ordinance Rcoulatine Smokine in Eatine Establishments Onlv:
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 introduced designating all eating establishments in the
City to be 100% "no smoking," with the exclusion of outdoor seating areas (bars and nightclubs continue
to remain exempt):
AMENDING TITLE 5 OF THE MUNICIPAL CODE - SMOKING IN PUBLIC
PLACES TO DESIGNATE EATING ESTABLISHMENTS AS 100 PERCENT NO
SMOKING AREAS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 5, CHAPTER 20 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE ENTITLED "SMOKING IN PUBLIC
PLACES"
City Council Minutes 5- 11/16/93
152
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. INITIATION OF GENERAL PLAN AMENDMENT TO DESIGNATE THE EXISTING
SITE AS AN INTERIM LANDFILL FACILITY - PRIMA DESHECHA LANDFILL (440.25)
Written Communication:
Report dated November 16, 1993, from the Planning Director, recommending that a General Plan
Amendment be initiated to add specific policies and recommendations to the Land Use Element, and
possibly the Circulation Element, of the General Plan to ensure conformity with the County's design and
operation of the Prima Deshecha Landfill.
Mr. Tomlinson explained that the County was unable to renew their state permit for the landfill because
of a lack of consistency with the City's General Plan. He noted that all costs associated with the General
Plan Amendment would be borne by the County.
Council Member Hausdorfer commended staff on this initiative and emphasized the importance of the
City participating aggressively in this matter. Council Member Nash desired an agreement between the
City and the County for a park at the landfill site in the future. Council Member Vasquez noted that _
the amendments would allow the City to dispose of sludge at the Prima Deshecha site instead of an
Indian reservation. Mayor Jones urged the City to work diligently with the County through this process
to relocate the Solag disposal trucks out of the Los Rios Historic District.
Adoption of Resolution Initiating General Plan Amendment 93-06 for the Prima Deshecha
Landfill:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO 93-11-16-3 INITIATION OF GENERAL PLAN AMENDMENT
93-6. PRIMA DESHECHA LANDFILL - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING CONSIDERATION OF GENERAL PLAN AMENDMENT 93-6,
PRIMA DESHECHA LANDFILL TO ESTABLISH SPECIFIC POLICIES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
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CONCURRENCE1. I IMPROVEMENTS PROPOSAL (800.50)
ORTEGA HIGHWAY
Written Communication:
Report dated November 16, 1993, from the Director of Engineering and Building, advising of Caltrans'
proposal to activate ramp meters at all northbound I-5 on -ramps throughout the City and to provide a
third westbound right -turn lane on Ortega Highway from Rancho Viejo Road to the northbound on-
ramp. The Report noted that Caltrans plans to activate the meters on November 22, 1993, and begin
construction of the Ortega Highway improvements in fiscal year 1995-96.
Council Member Hausdorfer noted that he has had concerns regarding the metering, which will be
operating in the mornings only, and expressed appreciation to Caltrans for their patience. He stated that
the City would benefit by $2 million worth of improvements to Ortega Highway that are needed because
of the potential for stacking due to the metering. He suggested that the City and Caltrans fmalize
Caltrans' commitment to the City and determine exactly which improvements will be performed and
when. Mayor Jones requested that the issue with trucks and the meters be addressed. Council Member
Nash requested that the time frame for the right -turn improvements be accelerated.
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that the Report be received and filed.
1. AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - ADDING CHAPTER 12
RELATING TO PROPERTY MAINTENANCE (4$0,30) (ADOPTION)
Written Communication:
Report dated November 16, 1993, from the City Clerk, advising that the Ordinance was introduced at
the meeting of November 2, 1993, and was scheduled for adoption.
Daniel Poppa, 26552 Calle Santa Barbara, spoke in favor of the Ordinance because it would require
property owners to be held accountable for reasonable maintenance on their properties and would allow
the City to intervene before a situation worsened. He noted that he has heard no opposition to this
Ordinance.
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. 740, AMENDMENT TO TITLE 8 OF THE MUNICIPAL
CODE - ADDING CHAPTER 12 RELATING TO PROPERTY MAINTENANCE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING CHAPTER 12 TO TITLE 8 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE TO ESTABLISH PROPERTY MAINTENANCE
REGULATIONS
The motion carried by the following vote:
City Council Minutes -7- 11/16/93
154
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - REGULATING TOW AWAY
IN RESTRICTED AND "NO PARKING" ZONES (570.30) (ADOPTION)
Written Communication:
Report dated November 16, 1993, from the City Clerk, advising that the Ordinance was introduced at
the meeting of November 2, 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. 741, AMENDING TITLE 4 OF THE MUNICIPAL CODE -
PARKING REGULATIONS FOR PROHIBITED AND RESTRICTED ZONES AND
TOW -AWAY ZONES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 4-6.302,4-6.303(a), AND
4-6.309 OF THE MUNICIPAL CODE RELATING TO PARKING REGULATIONS
FOR PROHIBITED, RESTRICTED, AND TOW -AWAY ZONES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
3. AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE - ADDING CHAPTER 25
RELATING TO ABANDONMENT OF SHOPPING CARTS (585.10) (ADOPTION)
Written Communication:
Report dated November 16, 1993, from the City Clerk, advising that the Ordinance was introduced at
the meeting of October 5, 1993, reintroduced at the meeting of November 2 adding language authorizing
the City Manager to approve certain exemptions, and was scheduled for adoption.
Daniel Poppa, 26552 Calle Santa Barbara, spoke in favor of the Ordinance, particularly because there
would be no economic impact to the City or the store owners. He felt that the Ordinance, although not
yet adopted, already has proven to be successful because of merchants' compliance.
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 Nash, seconded by Council
Member Vasquez, that the following Ordinance be adopted:
City Council Minutes -8- 11/16/93
155
ORDINANCE NO. 742. AMENDING TITLE 5 OF THE MUNICIPAL CODE -
' ADDING CHAPTER 25 RELATING TO ABANDONMENT OF SHOPPING
CARTS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 25, "ABANDONMENT OF SHOPPING
CARTS," TO TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
fl
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. SELECTION OF MAYOR AND MAYOR PRO TEMPORE (610.80)
Election of Maya:
The City Clerk opened nominations for the Office of Mayor. Mayor Jones nominated Council Member
Campbell for the Office of Mayor; Council Member Hausdorfer seconded the nomination. There being
no further nominations, nominations were closed. It was moved by Mayor Jones, seconded by Council
Member Hausdorfer, that Collett Campbell be elected as Mayor for a one-year term ending
December 6, 1994. 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 stated he voted in opposition to Council Member Campbell's appointment
to Mayor because her opinion has differed from his on issues important to him and he felt she would
not represent the City as he would.
Election of Mayor Pro Tempore:
Mayor Jones opened nominations for the Office of Mayor Pro Tem. Council Member Hausdorfer
nominated Council Member Nash for the Office of Mayor Pro Tem; Council Member Vasquez seconded
the nomination. There being no further nominations, nominations were closed. It was moved by
Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that
Carolyn Nash be elected as Mayor Pro Tem for a one-year term ending December 6, 1994. The motion
was carried by the following vote:
AYES:
NOES:
ABSENT:
City Council Minutes
Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
None
None
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156
2. SELECTION OF CHAIRMAN AND VICE CHAIRMAN (400.10)
Election of Chairman:
Nominations were nominations for Chairman of the Community Redevelopment Agency. Director
Campbell nominated Director Nash for Chairman; Director Hausdorfer seconded the nomination.
There being no further nominations, nominations were closed. It was moved by Director Campbell,
seconded by Director Hausdorfer, and unanimously carried that Carolyn Nash be elected as Chairman
for a one-year term ending December 6, 1994.
Election of Vice Chairman:
Chairman Nash opened nominations for Vice Chairman and nominated Director Campbell for Vice
Chairman; Chairman Hausdorfer seconded the nomination. There being no further nominations,
nominations were closed. It was moved by Chairman Nash, seconded by Director Hausdorfer, and
unanimously carried that Collene Campbell be elected as Vice Chairman for a one-year term ending
December 6, 1994.
3. RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF CITY FUNDS (320.10)
Written Communication:
Report dated December November 16,1993, from the City Clerk, forwarding the Resolution authorizing
the signatures of the newly elected Mayor or Mayor Pro Tem and the City Treasurer/Director of
Administrative Services or Deputy City Treasurer.
Authorization of Signatures:
It was moved by Council Member Campbell, seconded by Council Member Nash, that the following
Resolution be adopted: _
RESOLUTION NO, 93-11-16-4. DEPOSIT AND INVESTMENT OF CITY FUNDS
AND AUTHORIZING SIGNATURES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY
FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING
SIGNATURES AND REPEALING RESOLUTION NO. 92-12-1-2
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
4. RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF AGENCY FUNDS (320.10)
Written Communication:
Report dated November 16, 1993, from the Agency Secretary, forwarding the Resolution which
authorizes the signatures of the newly elected Chairman, Vice Chairman, Executive Director, Agency
Secretary, and Agency Finance Officer on the Agency accounts.
Authorization of Signatures:
It was moved by Director Hausdorfer, seconded by Chairman Nash, that the following Resolution be
adopted:
City Council Minutes -10- 11/16/93
157
RESOLUTION NO. CRA 93-11-16-1. DEPOSIT AND INVESTMENT OF AGENCY
' FUNDS AND AUTHORIZING SIGNATURES - A RESOLUTION OF THE SAN
JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY,
DELEGATING TO THE AGENCY FINANCE OFFICER AUTHORITY TO
DEPOSIT AGENCY FUNDS AND TO INVEST AND REINVEST AGENCY
FUNDS, AUTHORIZING SIGNATURES, AND REPEALING RESOLUTION NO.
CRA 92-12-1-1
The motion carried by the following vote:
AYES: Directors Campbell, Hausdorfer, Jones, Vasquez, and Chairman Nash
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Lcague of California Cities (140.20)
Council Member Hausdorfer advised there were no more meetings through the end of the year.
He noted that Hank Wedaa had been reaffirmed to serve the remainder of his term as the
Orange County representative to the South Coast Air Quality Management District Board. He
stated that Mr. Wedaa is considered a moderate and is opposed to federal government imposing
air quality regulations to the state, counties, and cities.
b. Southeast Regional Reclamation Authority (SERRA) (1040.60)
Council Member Vasquez advised that bidding has begun on construction of the proposed
administration building in Dana Point. He noted that a new engineer was hired.
1. SELECTION OF MAYOR (610.80)
Council Member Hausdorfer expressed appreciation to outgoing Mayor Jones and his family for his
service to the City, adding that Mayor Jones is a true gentleman and exemplifies friendliness and
integrity of the City. He congratulated Mayor -elect Campbell on her appointment. Mayor -elect
Campbell expressed appreciation to the other Council Members for her appointment and stated she
would represent the people of the community to the best of her ability.
2. APPEAL OF PLANNING COMMISSION ACTION - McDONALD'S PLAYGROUND.
ARCHITECTURAL CONTROL MODIFICATION (410.60)
Council Member Nash requested that the City Council appeal the Planning Commission's approval of
AC 73-1006 (Modification), for a McDonald's playland at the restaurant located at 31822 Del Obispo
Street, in order to review the application. It was moved by Council Member Nash, seconded by Council
Member Campbell, and unanimously carried that the November 9, 1993, Planning Commission action
on this matter be appealed.
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3. INTERIM USE OF NORTHWEST OPEN SPACE SUE (�400.20)
Council Member Vasquez requested the City Council's support in directing the City Attorney to conduct
research on the legality of allowing a for-profit business to operate on public lands, in particular the
proposal by Jerry Harris to operate an equestrian center at the Northwest Open Space site. He noted
that he had requested the City Attorney to perform this research and was advised by the City Attorney
that the research must be approved by a consensus of the Council. Council Member Vasquez felt that
other interested persons should be given the opportunity to bid for use of the site.
Mayor Jones and Council Member Hausdorfer felt that Council Member Vasquez' public request for
this research was unnecessary. Mr. Scarborough stated that it had been the intent of City staff to pursue
the interim use of the Kinoshita Farm and the Northwest Open Space sites in the same manner, in that
in both cases proposals were unsoficited, and staff had provided a recommendation to the Council. He
added that staff, as directed by the Council, had not recruited for interim uses at either of the Open
Space sites in order to minimize staff and economic resources. In response to questions from Council
Member Hausdorfer, he stated that no Requests for Proposal had been issued for the Kinoshita Farm
site; that the operator of the farm was making some profit from the interim use where playing fields
would ultimately be constructed; and, that no contributions were made by the City in terms of capital
improvements. Council Member Hausdorfer emphasized that the process used for the Kinoshita Farm
site was exactly the same as that used for the Northwest site; that the proposal for the Northwest site
would provide an interim use of the Open Space lands that would be accessible to the public.
Mr. Denhalter explained that he requested a consensus of the Council to conduct the legal research
because the Council was divided in this matter and he had not been involved in this matter until the
request was made by Council Member Vasquez. He noted he has no opinion in this matter at this time
and that this issue has no statute. He added that the City has no obligation to conduct a Request for
Proposal process because of the interim nature of the uses.
Mayor Jones felt that Council Member Vasquez should have stated his position and concerns in this
matter long before this date, as Council Member Vasquez was a member of the Council Ad Hoc
Committee that conducted the interviews for an interim use at the Northwest site. He emphasized that
the Council was aware of what the citizens wanted in the Open Space sites, and the purpose for the
interim use was to relieve some of the financial burden on the City. He stated that an agreement with
Mr. Harris has not been approved. Council Member Campbell noted that the full Council was
uninformed that the responsible Ad Hoc Committee failed to fully review and consider all of the
proposals for the use of the Northwest site and also were unaware that the staff did not have the
opportunity to consider recommendations from the committee. She noted problems with vandalism and
lack of maintenance at the Northwest site, which could prove to be expensive for the City. She
emphasized that Mr. Harris' proposal to open a park -like facility to the public was only in the
negotiation stages.
It was a consensus of the Council that the City Attorney be directed to conduct research on the legality
of allowing a for-profit business to operate on public lands. Mr. Scarborough indicated that if after
discussion between Mr. Harris and staff, an agreement with Mr. Harris could be formulated, staff would
return to City Council with an agreement to consider and would provide a report with alternatives,
including the costs to conduct a full Request for Proposal process and an evaluation by the City Attorney
of processes used in the past.
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159
ADDITIONAL AGENDA ITEM
' 1. REAPPOINTMENT TO LOS RIOS REVIEW COMMITTEE (400.20)
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, 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.
Written Communication:
Report dated November 16, 1993, from the Carole Jacklin, Council Services Manager, forwarding the
request by Atsuo Ito to be reappointed to the Los Rios Review Committee.
Reappointment of Atsuo Ito:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that Atsuo Ito be reappointed to the Los Rios Review Committee for the period
of November 19, 1993, through March 31, 1995.
Council recessed to a Closed Session at 8:25 p.m. for discussion of real property matters per Government Code
Section 54956.8 (AP 121-240-19, -24, -25 (Toyota) and 26832 Ortega Highway (Darnold)), litigation per
Government Code Section 54956.9(a) (Negrete v. City and related litigation items), and exposure to litigation per
Government Code Section 54956.9(b) (two items), the City Clerk being excused therefrom, and reconvened at
9:45 p.m.
' ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:45 p.m. to the next regular
meeting date of Tuesday, December 7, 1993, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
City Council Minutes -13- 11/16/93