92-1006_CC_Minutes_Regular Meeting109
OCTOBER 6, 1992
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN C"WrRANO, CAUWORNLA
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 Pastor Arch Rutherford of the Coast Bible Church.
ROLL CALL PRESENT: Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson,
City Clerk; David Bentz, Director of Administrative Services; William M. Huber, Director of Engineering and
Building Services; Dick Bobertz, Land Use Manager; Al King, Jr., Director of Community Services; Nancy
Bernardi, Recording Secretary.
MOTION TO READ BY TTTL.E ONLY
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that all
Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION DESIGNATING OCTOBER 410.1992 AS "FIRE PREVENTION WEEK" (610.401
Written Communication:
Report dated October 6, 1991, from the City Clerk, forwarding the Proclamation.
A1211roval and Presentation of Proclamation:
Mayor Jones read the Proclamation in full. Battalion Chief Stan Matthews accepted the Proclamation on
behalf of the Orange County Fire Department and encouraged public attendance at the open house on
Saturday, October 10.
... __. I M alp: y k1l' • : Yh J 1
Written Communication
Report dated October 6, 1992, from the City Manager, noting the City s receipt of a plaque from the
Government Finance Officers Association of the United States and Canada for the City's achievement of
the highest standards in government accounting and financial reporting.
Receipt of Award:
Mayor Jones accepted the plaque on behalf of the City from Cindy Pendleton, Accounting Officer.
-1-
10/6/92
own
Do ' 1• 1 J►l . • ._• ._• � •
DAY LABORERS (585.10)
Jeanne Gross, 31952 Del Obispo Street (Alipaz Plaza), expressed concern regarding the ongoing problem
with day laborers loitering in Alipaz Plaza and their negative impact on the businesses at this location.
Mr. Scarborough indicated that City staff is currently communicating with representatives of the day
laborers and is researching how to resolve the problem. Councilman Hausdorfer suggested that staff
contact the staff of the Cities of Dana Point, San Clemente, Mission Viejo, and Laguna Niguel to learn
how those cities are dealing with this issue and requested that this matter be given a high priority by the
City.
2. 73RD ASSEMBLY DISTRICT CANDIDATE (630.30)
Lee Walker, introduced himself as a candidate for the 73rd Assembly District and explained his platform.
• ►I •'14•Z�7: • • • : 111 1 .,1
Dennis Boche, Vice Principal of Stoneybrooke School, requested that the school be advised by the City
of the type of escrow account and interest for the $10,000 to be deposited by January 1993.
Mr. Scarborough indicated Mr. Boche would be contacted regarding this matter on October 7.
4. SEVERANCE PAY - CITY MANAGER (600.30)
Carlos Negrete, 27422 Calle Arroyo, noted the recent termination of Stephen Julian and the accompanying
severance benefits. Mr. Negrete stated he was making a formal demand that Mr. Julian not be paid since
the Judgment had not been signed in the Superior Court of Orange County. He further stated that if the
Judgment had been signed he would appeal and Council had a duty to withhold monies at least until the
appeal is heard.
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the staff recommendations be
accepted for the following items listed on the Consent Calendar. The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
' • • � • �� • 1 ull►f �_
a. Regular Meeting of September L 1992
The Minutes of the Regular Meeting of September 1, 1992, were approved as submitted.
b. Regular Meeting of Seplember 15, 1992
The Minutes of the Regular Meeting of September 15, 1992 were approved as submitted.
-2-
10/6/92
111
The Minutes of the Special Meeting of September 28, 1992, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES
a. Regular Meeting of September 1. 1992
The Minutes of the Regular Meeting of September 1, 1992, were approved as submitted.
b. Reaular Meeting of September 15, 1992
The Minutes of the Regular Meeting of September 15, 1992, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF SEPTEMBER 2 AND OCTOBER 1 1992 (30030)
The Lists of Demands dated September 2, 1992, in the total amount of $1,284.84, and October 1, 1992,
in the total amount of $2,942,853.37 were received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR AUGUST 1992 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month of August 1992 in the total amount of
$-398,714.69 was received and filed.
The Report dated October 6, 1992, from the Director of Planning Services, regarding actions taken at the
meeting of September 22, 1992, was ordered received and filed.
•• • •
•ZIGIO Am V cous1.• • 1 1
The Report dated October 6, 1992, from the Director of Community Services, regarding actions taken at
the meeting of September 14, 1992, was ordered received and filed.
���tZi7•.Ti11<�73•C•b • • �lltl! •itL • • 1.1 .1
The Report dated October 6, 1992, from the Director of Planning Services, regarding actions taken at the
meeting of September 24, 1992, was ordered received and filed.
The Report dated October 6, 1992, from the Director of Community Services, regarding actions taken at
the meeting of September 21, 1992, was ordered received and filed.
4Z161W. t1us);&lg 1 910—N iiii(IIII Nivel• : l4: Lem_roil 1!0112§011111U, kill• : ; 1• • . .
As set forth in the Report dated October 6, 1992, from the Director of Public Lands and Facilities, the
specification package for the long-term maintenance of City buildings and facilities was approved. Staff
was authorized to advertise for bids.
-3.
10/6/92
W. D OF CONTRACT• • •
(600,30)
As set forth in the Report dated October 6, 1992, from the Director of Engineering and Building, the
contract for the Sacarama Area Storm Drain was awarded to the lowest responsible bidder, Seven C's
Construction, in the amount of $94,415. The minor bid irregularity was waived, and all other bids were
rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City.
11. APPROVAL OF CONSULTANT SERVICES AGREEMENT -CUSTOM PROGRAMMING HOURS
(MMI FINANCE SYSTEM) (600.30)
As set forth in the Report dated October 6, 1992, from the Director of Administrative Services, the
Consulting Agreement with MMI, Inc. for 101 custom programming hours for ongoing alterations and
upgrades to finance, budget, and business license computer functions was approved for a not -to -exceed
amount of $7,575. The Mayor was authorized to execute the Agreement on behalf of the City.
12. DENIAL OF CLAIM - PROPERTY DAMAGE (MARIE TONIND (170.10)
The claim received by the City on September 9, 1992, from Marie Tonini in the amount of $118.53 for
property damage, was denied, as set forth in the Report dated October 6, 1992, from the City Attorney.
13. RESOLUTION RATIFYING TERMINATION OF STEPHEN B. JULIAN (740.10)
As set forth in the Report dated October 6, 1992, from the City Attorney, the following Resolution was
adopted ratifying the termination of Stephen B. Julian effective October 15, 1992:
RESOLUTION NO. 92-10-6-1. RATIFYING TERMINATION OF STEPHEN B. JULIAN -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RATIFYING TERMINATION OF CONTRACT WITH
CITY MANAGER STEPHEN B. JULIAN
PUBLIC HEARINGS
• • • O ; gel . _1 1 iL •Klima
• � � Y � • Jll; • �;y
t t .t t t _3
Councilman Vasquez advised he would abstain from voting on this item.
Proposal:
Consideration of modifications to the City Council's August 18, 1992, approvals for Plaza de las
Golondrinas for General Plan Amendment 92-02, Rezone 91-04, and Tentative Parcel Map 92-125.
Applicant/Procerty Owner:
Equirust
400 Benninghoff Law Building
31411 Camino Capistrano
San Juan Capistrano, CA 92675
-4-
10/6/92
Written Communication:
Report dated October 6, 1992, from the Director of Planning Services, recommending that the precious
City Council Resolution Nos. 92-8-18-4 and 92-8-18-5, which approved General Plan Amendment 92-02
and Tentative Parcel Map 92-125, respectively, be amended and a draft Ordinance be introduced appro%ing
Rezone 91-04. The modifications include the following:
(1) Increasing the maximum size of a restaurant, including outdoor dining, from 4,500 square feet to
5,500 square feet.
(2) Deleting the 1,600 -square -foot limitation on retail uses.
(3) Deleting the limitations on the size of individual medical uses and setting a maximum cumulative
square footage for medical uses at 17,000 square feet.
(4) Including findings pertaining to the City's requirement of the applicant's Fair Share fees (CC
Resolution No. 92-8-18.5).
Mr. Bobertz's report focused on land use issues and shared parking as a result of the modifications
proposed by the applicant. He stated staff agreed with the applicant's request with the exception of the
medical uses, which have a higher parking demand. Therefore, staff recommended a 17,000 -square -foot
cap on medical uses only, with any medical uses over that requiring a Conditional Use Permit. Mr. Huber
explained that the bond for left -turn improvements was only for $5,000, the estimated cost of those
improvements. He stated the developer had requested the bond be reduced to a two-year period and staff
felt that was insufficient; that a fifteen -year period was necessary to ensure the total buildout of the area.
He noted that the fair share allocation recommended by staff for future off-site improvements was required
of all developments in the City and was an equitable distribution of costs.
Mr. Bobertz inquired whether the Council's decision to waive the fees to the applicant included fees for
the initial processing of the application or only for processing the second public hearing. Mayor Jones
clarified that the Council only waived the $3,200 in fees for processing the second public hearing.
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) The applicant, Charles F. Benninghoff III, 31411 Camino Capistrano, stated he did not receive the
information packet on this item in a timely manner before the hearing date. He felt the wording
in the proposed Resolution gave the impression that only 5,500 square feet were allowed for all
restaurant uses on the site and restricted the use to only one restaurant. He stated that his request
to reduce the bond was for three years and not two and felt that $5,000 was much lower than the
actual costs for left -turn improvements would be. He opposed the condition requiring the fair share
allocation, particularly since there was no connection between his property and the Honeyman
property to the west; further, that in comparison with the distant widening of Ortega Highway he
was promising to landscape the walls and that gave Council the basis for the decision. He noted that
95 letters were received to date in full support of his project. He urged that the Council adopt the
Resolutions prepared by him and submitted to the Council at the meeting of September 15, 1992.
He discussed the parking issue and stated staff had concluded that the project had excess parking
and based on the time to resolve the parking space issue he requested that the $1,100 overage be
waived.
-5-
10/61/92
114'
Councilman Friess noted that Exhibit B of the proposed Resolution permitted small-scale, take-out
restaurants for the project and that the Resolutions did not limit the total restaurant uses to 5,500 square
feet. He inquired how staff calculated the applicant's fair share allocation and wondered whether outside
funding could be acquired to offset the costs. Mr. Huber explained that the $73,000 figure was based on
the applicant's percentage share of the total cost of the project as related to traffic on Ortega Highway and
did not include any of the City's costs; further that his statement that the applicant desired a 2 -year bond
was based on a written communication received from Mr. Benninghoff. Mr. Scarborough noted that none
of the improvements to Ortega Highway have ever been paid for with state funds.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion
Councilman Friess expressed concern with deleting the condition for the fair share allocation because it
could set a precedent for other developments. Councilman Hausdorfer suggested that it may be possible
for Measure M funds or some combination of funding might to be used for the improvements and the
language in the condition should indicate that payment of the Fair Share funds would only be in the event
outside funding could not be obtained. Mayor Jones concurred and suggested that the applicant be
allowed to pay his fair share allocation in increments so that the project could get started. Councilman
Friess suggested that the left -turn bonding requirement be limited to 3 years.
Anoroval of General Plan Amendment 92-2 and Amending Resolution No 92-8-18-4•
It was moved by Councilman Friess, seconded by Councilman Harris, that the following Resolution be
adopted, with the follo—ing modification:
Exhibit A, Plaza de las Golondrinas Special District Uses, Retail Uses, restaurant uses shall be not
be specifically limited to a single restaurant.
RESOLUTION NO, 92-10.6-2. APPROVING GENERAL PLAN AMENDMENT 92-2 -
PLAZA DE LAS GOLONDRINAS AND AMENDING RESOLUTION NO. 924-18-4
(EOUITRUST) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT
92-2 FOR A 2.37 -ACRE SITE ON THE NORTHEAST CORNER OF ORTEGA
HIGHWAY AND RANCHO VIEJO ROAD AND AMENDING RESOLUTION NO.
92-8-18-4 (PLAZA DE LAS GOLONDRINAS/EQUITRUST)
The motion carried by the following roll call vote:
AYES:
Councilmen Friess, Harris, and Mayor Jones
NOES:
Councilman Hausdorfer
ABSTAIN:
Councilman Vasquez
ABSENT:
None
Approval of Tentative Parcel Map 92-125 and Amending Resolution No. 92-8-18-5:
It was moved by Councilman Friess, seconded by Councilman Harris, that the following Resolution be
adopted, with the following modifications:
(1) Condition No. 2: The bond for left -turn improvements shall be limited to three years, with left turns
permitted.
0
10/6/92
(2) Condition No. 3: The applicant's fair share allocation for the costs of improvements to Ortega
Highway may be totally or partially offset by the use of Measure M funds, County turn -back funds,
or other similar outside funding. However, in the event such outside funding is not available, the
applicant shall deposit a percentage of the total costs ($73,260) based on square footage prior to the
issuance of Certificates of Occupancy.
RESOLUTION NO, 92-10-6-3. APPROVING TENTATIVE PARCEL MAP 92-125 AND
AMENDING RESOLUTION NO. 92-8-18-5 - PLAZA DE LAS GOLONDRINAS
(EOUITRUST) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 92-125
FOR A 2.37 -ACRE SITE ON THE NORTHEAST CORNER OF ORTEGA HIGHWAY
AND RANCHO VIEJO ROAD AND AMENDING RESOLUTION NO. 92-8-18-5 (PLAZA
DE LAS GOLONDRINAS/EQUITRUST)
The motion carried by the following roll call vote:
AYES: Councilmen Friess, Harris, and Mayor Jones
NOES: Councilman Hausdorfer
ABSTAIN: Councilman Vasquez
ABSENT: None
Introduction of Ordinance ApQroving Rezone 91-04:
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 Councilman Hausdorfer, seconded by Councilman Friess,
that the following Ordinance be introduced, with the following modification:
Exhibit B, Plaza de las Golondrinas Special District Uses, Retail Uses, restaurant uses shall be not
be specifically limited to a single restaurant.
VINE REZONE 914 - PLAZA DE LAS GOLONDRINAS (EOUITRUST) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A ZONE CHANGE FROM OFFICE COMMERCIAL (CO) TO PRECISE
PLAN (SP) FOR A 2.37 -ACRE SITE ON THE NORTHEAST CORNER OF ORTEGA
HIGHWAY AND RANCHO VIEJO ROAD (PLAZA DE LAS GOLONDRINAS/
EQUITRUST)
The motion carried by the following roll call vote:
AYES:
Councilmen Friess, Harris, and Mayor Jones
NOES:
Councilman Hausdorfer
ABSTAIN:
Councilman Vasquez
ABSENT:
None
Mr. Benninghoff requested that he be informed by the City within 30 days of the possibility of obtaining
outside funding for the future improvements to Ortega Highway so that he had a finite planning number.
-7-
10/6/92
Councilman Friess stated that the motion held Mr. Benninghoff responsible for the $73,000 at the time
of occupancy if the City was unable to acquire other funding.
RECESS AND RECONVENE
Council recessed at 7:50 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:52 p.m.
ADMWISTRATIVE ITEMS
CITY MANAGER
1. RESOLUTION APPROVING CANCELLATION OF DISPOSITION AND DEVELOPMENT
AGREEMENT FOR THE PROPERTY LOCATED AT 31782-86 CAMINO CAPISTRANO
(SWALLOW INN(FURRA) (400.20)
Written Communication:
Report dated October 6, 1992, from Julia M. Kimminau, Management Assistant, recommending that the
Disposition and Development Agreement between the City and Ralph A. Furra for the purchase of the
Swallows Inn property be canceled at the request of Mr. Furra and that the Good Faith Deposit in the
amount of $50,000 be returned. Mr. Furra was unable to reach an agreement with Ms. Tacy Lee because
of her difficulty in securing her partner's approval of the proposed sale.
Resolution Canceling the Disposition and Development Agreement with Ralph A. Furra:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution
be adopted:
RESOLUTION NO. 92-10-6-4. APPROVING CANCELLATION OF DISPOSITION AND
DEVELOPMENT AGREEMENT FOR THE SALE OF PROPERTY LOCATED AT 31782-
31786 CAMINO CAPISTRANO TO RALPH A. FUR RA - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE CANCELLATION OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT FOR CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO RALPH A. FURRA
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Gy r r•/:V r i•1•a;1�1
i • • • • ut_ s N 515 is) U• •
• ' • t •1• alt - 9�5
Written Communications:
(1) Report dated October 6,1992, from the City Attorney, recommending that an ordinance be adopted
amending Title 2, Article 9 of the Municipal Code limiting rent increases on mobile home vacancies
H
10/6/92
117
to no more than the percentage increase allowed once during any 12 -month period. The Mobile
Home Park Review Committee reviewed the draft Ordinance at its regular meeting on September
8, 1992, and recommended that it be forwarded to the City Council for adoption.
(2) Communication received from Jim Nanzi& 32802 Valle Road, #17, on October 6, 1992,
recommending that all space rents be rolled back prior to the date of the first vacancy rent increase.
(3) Letter dated October 6, 1992, from Vickie Talley, Executive Director of Manufactured Housing
Educational Trust, in opposition to the proposed amendment.
(4) Letter dated October 2, 1992, from Jeffrey T. Thomas of Gibson, Dunn & Crutcher, attorneys on
behalf of San Juan Investors, Ltd. (owner of San Juan Mobile Estates), in opposition to the proposed
amendment.
Mr. Denhalter made an oral presentation.
Public Input:
Jim Nanzig, 32802 Valle Road, #17 (Capistrano Terrace Mobile Home Park), recommended that all space
rents be rolled back prior to the date of the first vacancy rent increase to create better equity between
those paying the highest rents and those paying the lowest.
Introduction of Ordinance Amending Title 2. Article 9 of the Municipal Code:
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 Councilman Friess, seconded by Councilman Harris, that
the following Ordinance be introduced:
AMENDMENT TO TITLE 2, ARTICLE 9 OF THE MUNICIPAL CODE - MOBILE
HOME PARK REVIEW COMMITTEE (VACANCY CONTROL) - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 9,
MOBILE HOME PARK REVIEW COMMITTEE, TITLE 2, ADMINISTRATION, OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following roll call vote:
AYES: Councilmen Friess, Harris, Vasquez, and Mayor Jones
NOES: Councilman Hausdorfer
ABSENT: None
Councilman Friess noted that several other cities are currently dealing with the issue of rolling back rents
in mobile home parks and expressed concern with further modifying the City's existing ordinance. It was
a consensus of the Council that the City Attorney be directed to submit an evaluation within 30 days of
the three different approaches being used by other cities with regard to rolling back rents (roll backs,
freeze provisions, and a variation of the fust two methods).
-9-
10/6/92
1. INITIATION OF AMENDMENT TO TITLE 9. SECTION 9-3.608 OF THE MUNICIPAL CODE -
TEMPORARY USES AND STRUCTURES (420.30)
Written Communication:
Report dated October 6, 1992, from the Director of Planning Services, recommending that a Code
Amendment be initiated to determine whether the Temporary Use Permit section of the Code should be
revised to respond to concerns expressed by the Planning Commission. The Planning Commission felt that
administrative approval of a temporary use could result in giving the impression of confirming the validity
of the use prior to entering into the public process for approval of a permanent use.
Resolution Initiating Code Amendment Ski y
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution
be adopted:
RESOLUTION NO, 92-10-6-5. INITIATING AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - MODIFYING ADMINISTRATIVE APPROVAL PROCESS FOR
TEMPORARY USE PERMITS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PREPARATION OF
AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE TO MODIFY THE
ADMINISTRATIVE APPROVAL PROCESS FOR TEMPORARY USE PERMITS
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. INITIATION OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE TO ADD WATER
CONSERVATION LANDSCAPE STANDARDS(420,30)
Written Communication:
Report dated October 6, 1992, from the Director of Planning Services, recommending that a Code
Amendment be initiated to establish water conservation landscape standards in compliance with State
Assembly Bill 325.
Resolution InitiLdn¢ Code Amendment Study
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following Resolution
be adopted:
PRO l JO Eel IWO 91twel•i MN -3 kul I M I ISCIEW04 NOZORMIM, • U•
REGULATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 9 OF
THE MUNICIPAL CODE TO PREPARE WATER CONSERVATION LANDSCAPE
REGULATIONS IN COMPLIANCE WITH ASSEMBLY BILL 325
The motion carried by the following vote:
-lo-
10/6/92
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor !ones
NOES: None
ABSENT: None
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. APPROVAL OF CONSULTANT AGREEMENTS - PLAN CHECK TEAM (600,301
Written Communication:
Report dated October 6, 1992, from the Director of Engineering and Building, recommending that a plan
check team consisting of 21 funis with varying expertise in building design, infrastructure design,
geotechnical, traffic, and map checking be approved. Each agreement would be for a four-year period at
a maximum of $25,000 per year, with annual review and renewal by the Director of Engineering and
Building.
Mr. Huber explained that the $25,000 maximum for each contract does not constitute a guaranteed amount
to each consultant. He recommended that the agreements be approved subject to final review by the City
Attorney. In response to inquiries by Councilman Vasquez, Mr. Huber advised that each consultant would
be compensated based on a percentage of the City's ordinances; the fees would change only if the City's
fees were modified.
Approval of Consulting Agreements:
It was moved by Councilman Friess, seconded by Councilman Harris, that the 21 consultant agreements
be approved for the development of a Plan Check Team for the Department of Engineering and Building,
subject to final review by the City Attorney. The Mayor and City Clerk were authorized to execute the
agreements on behalf of the City. The motion was carried with Councilman Vasquez voting in opposition
and Councilman Hausdorfer abstaining per Government Code Section 87100. Councilman Vasquez voted
in opposition stating the four-year terms of the agreements discouraged competitiveness.
• : • : tt :.• :.0 :_ • lt: .d_ s ..t t •y� . •
Written Communication
Report dated October 6, 1992, from the City Clerk, advising that the Ordinance was introduced at the
meeting of September 15, 1992, 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 Councilman Friess, seconded by Councilman Hausdorfer,
that the following Ordinance be adopted:
ORDINANCE NO, 714. MODIFYING HOUSEHOLD SIZE FOR DETERMINING
PARKLAND REQUIREMENTS FOR RESIDENTIAL SUBDIVISION - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9,
CHAPTER 4, SECTION 9-4.303(6) OF THE MUNICIPAL CODE TO MODIFY
HOUSEHOLD SIZE FOR DETERMINING PARKLAND REQUIREMENTS FOR
RESIDENTIAL SUBDIVISION
-11-
10/6/92
120x.
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPOINTMENT OF ONE MEMBER TO THE DESIGN REVIEW COMMISSION (110.20)
Written Communication:
Report dated October 6, 1992, from the Council Services Manager, noting that the vacancy had been
advertised and seven applications were received.
Annointment of Member:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that
Tricia Eltlein be appointed to the vacancy on the Design Review Commission.
O -P. ORAL REPORTSOF OUTSIDE AGENCIES
COUNCEL 1-6-11*1411�UF
1. CITIZEN PRIDE AWARD (610.30)
Councilman Hausdorfer clarified that his recommendation to start a Citizen Pride Award was to honor
individuals or community organizations for their specific contributions to the City, and not necessarily long-
term recognition as with the John R. Williams Public Service Award.
2. RESIGNATION OF DAVID BENTZ (750.10)
The Council members expressed their appreciation to David Bentz for his service as Director of
Administrative Services, who has accepted a position at the City of Ontario. Mr. Bentz expressed
appreciation to the City Council for their support and commended the City's excellent staff and Open
Space program.
3. CITY MANAGER SEVERANCE PAY (600.30)
Councilman Vasquez inquired whether, in light of Mr. Negrete's comments, it was premature to act on
Mr. Julian's severance pay. Mr. Denhalter advised that no action in the lawsuit against the City and
Mr. Julian would prevent the City Council from acting in full confidence on the contract and that the
validity of the contracts had been upheld by the court.
Mayor Jones noted that Mr. Scarborough was appointed as acting City Manager.
.12.
10/6/92
1`2i
Councilman Harris inquired about the status of reaching a community consensus regarding the Historic
Town Center plan. Mr. Scarborough indicated that a proposal for a process involving the community was
scheduled for presentation at the October 20 Council meeting. The proposal would include a
recommendation for a Request for Proposal for a financial specialist to analyze the financial potential of
the development. He estimated that the process would take nine months to complete.
CLOSED SESSION
Council recessed to a Closed Session at 8:20 p.m. for discussion of personnel matters per Government Code
Section 54957, labor negotiations per Government Code Section 54957.6, and request by the League of California
Cities for participation in a brief in City of San Jose v. Superior Chart per Government Code Section 54956.9(a),
the City Clerk being excused therefrom, and reconvened at 9:08 p.m.
There being no further business before the Council, the meeting was adjourned at 9:08 p.m. to the next regular
meeting date of Tuesday, October 20, 1992, at 7:00 p.m. in the City Council Chamber.
ATTEST:
Respectfully submitted,
-0-
10/6/92