92-1117_CC_Minutes_Regular Meeting141
NOVEMBER 17, 1992
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 Bishop Scott Classon of the Church of Jesus Christ of Later Day Saints.
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; Cynthia L. Pendleton, Interim 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 Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that all
Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF LETTERS OF COMMENDATION FROM SHERIFF'S
DEPARTMENT TO FIRE DEPARTMENT PERSONNEL (610.40)
Written Communication:
Report dated November 17, 1992, from the Council Services Manager, regarding the presentation of
Letters of Commendation to four Fire Department employees for their aid during the commission of
a crime.
Lt. Dan Martini described the heroic efforts of one captain and four firefighters when they assisted a
robbery victim on August 27, 1992. Captain Don Hayden, Firefighter Dan Krane, and Firefighter
Ronald Nord accepted Letters of Commendation from Lt. Martini and Mayor Jones. Firefighter Adam
Robbins, who was also to receive a Letter of Commendation, was not present.
ORAL COMMUNICATIONS (= COUNCIL(COMMUNUY REDEVELOPMENT AGENCYI
1. COUNCIL COMMENDATION (610.40)
Colleen Campbell, 33552 Valle Road, and Thomas Merrell, 31081 Via Estenaga, expressed appreciation
to outgoing Councilmen Friess and Harris for their service on the Council, dedication to the City, and
integrity.
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2. CAMPAIGN SOLICITING (630.20)
Marge Madigan, 33831 Camino Capistrano, requested that the prohibition against soliciting in her
mobile home park, which is so posted, be observed during election campaigns to respect the residents'
privacy.
3. LOS RIOS ENTRY PLAZA (400.20)
Stephen Rios, 31781 Los Rios Street, requested Sheriffs assistance with traffic and parking problems
which are occurring at the Los Rios Entry Plaza area during peak Amtrak commuter times.
4. STREET SIGNAGE (820.90)
George Maverick, who stated he was not a resident of San Juan Capistrano, requested that the City
address the problem of inadequately marked street signs throughout the City, particularly at Ahpaz
Street and near the off -ramp of Ortega Highway. He felt that the difficulty in seeing signs is a danger
to motorists. Mr. Huber stated that the City responded to a letter sent by Mr. Maverick and explained
that it has been the City's unwritten policy to downplay street signs and internal illumination to avoid
a negative cluttered appearance. He noted that Paseo Adelanto is one of the few signs in the City which
is a reflector sign. Mayor Jones concurred with the complaints he has received regarding the inadequacy
of signs in the City and stated the City would be looking at that policy for safety reasons.
CONSENT CALENDAR
It was moved by Councilman Harris, 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. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF NOVEMBER 3.
1992
The Minutes of the Regular Meeting of November 3, 1992, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR
MEETING OF NOVEMBER 3. 1992
The Minutes of the Regular Meeting of November 3, 1992, were approved as submitted.
3. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF
OCTOBER 31. 1992 (350.30)
The City Treasurer's Report of Investments as of October 31, 1992, in the total amount of
$16,977,612.90 was received and filed.
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4. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated November 17, 1992, from the Director of Planning Services, regarding actions taken
at the meeting of October 27, 1992, was ordered received and filed.
5. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated November 17, 1992, from the Planning Director, regarding actions taken at the
meeting of November 4, 1992, was ordered received and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated November 17, 1992, from the Director of Planning Services, regarding actions taken
at the meetings of October 27 and November 10, 1992, were ordered received and filed.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated November 17,1992, from the Director of Engineering and Building, regarding actions
taken at the meetings of June 10, July 8, and August 12, 1992, was ordered received and filed.
8. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS -1993
WEED AND RUBBISH ABATEMENT PROGRAM (600.30)
As set forth in the Report dated November 17, 1992, from the Director of Public Lands and Facilities,
the specifications were approved for the 1993 Weed and Rubbish Abatement Program. Staff was
authorized to call for bids.
9. ADOPTION OF RESOLUTION CERTIFYING THAT NO ASSISTED UNITS ARE AT
RFK OF CONVERTING TO NON -LOW-INCOME USES, AS DEFINED BY CHAPTER
1451. STATUES OF 1989 (HOUSING ELEMENTI 430,301
As set forth in the Report dated November 17, 1992, from the Planning Director, the following
Resolution was adopted certifying that there are no assisted units at risk of conversion to non -low-
income uses in the City, as required by Government Code Section 65583(A)(8):
RESOLUTION NO, 92-11-17-1. CERTIFYING CHECKLIST CONFIRMING LACK
OF LOW-INCOME PROJECTS AT RISK OF CONVERTING TO NON -LOW-
INCOME USES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE CHECKLIST
WHICH CONFIRMS THAT THERE ARE NO LOW-INCOME PROJECTS IN
THE CITY AT RISK OF CONVERTING TO NON -LOW-INCOME USES, AS
DEFINED BY CHAPTER 1451, STATUES 1989 (HOUSING ELEMENT)
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PUBLIC HEARINGS
1. CONFIRMATION OF REVISION TO PLANNING DIRECTOR'S DETERMINATION OF
GENERAL. PLAN DESIGNATION OF SPECIAL STUDY AREA FOR THE LOWER
ROSAN RANCH SITUATED BETWEEN THE SAN JUAN CREEK FLOOD CONTROL
CHANNEL AND THE AT&SF RAILROAD AND DIRECTLY SOUTH OF THE
CAPISTRANO VALLEY MOBILE ESTATES TENTATIVE PARCEL MAP 90-403
(COMMUNITY REDEVELOPMENT AGENCY) (420.70)
Pr :
Consideration of revisions to the original confirmation Resolution adopted by the City Council on July 7,
1992, which designated the Lower Rosan Ranch property as a Special Study area on the General Plan.
At that meeting the City Council confirmed the Planning Director's determination of a Special Study
Area and directed that specific criteria be brought back to Council to assure adequate buffering of the
adjacent Capistrano Valley Mobile Estates.
Applicant/Property Owner:
Community Redevelopment Agency
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated November 17, 1992, from the Planning Director, recommending that a revision
to his determination of General Plan Designation of Special Study Area for the Lower Rosan
Ranch be confirmed to include planning criteria to ensure that an adequate landscape buffer
and a 200 -foot use restriction buffer between the Capistrano Valley Mobile Estates and future
development of the Lower Rosan Ranch are incorporated into any planning process for the
area.
(2) Letter dated November 14,1992, from Hazel and Maxine Bowman, 26000 Avenida Aeropuerto,
Space 71, in opposition to the relocation of Solag Disposal to the Lower Rosan Ranch.
(3) Letter dated November 12, 1992, from Mr. and Mrs. John H. McWilliams, 26000 Aeropuerto,
Space 84, in favor of the proposed revision to the Director's determination.
Exhibits were on display. Mr. Tomlinson made an oral presentation, noting that there were currently
no proposals for the development of this property.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Patricia Grinnell, 26000 Avenida Aeropuerto, Space 24, felt that the property should not be split
and preferred that the property be developed with a residential, apartment, or hotel use. She
opposed the relocation of Solag to the lower Rosan Ranch site.
(2) Otto Yearick, 26000 Avenida Aeropuerto, Space 98, opposed the relocation of Solag to this site
because he felt that a buffer zone would not adequately mitigate any negative impacts to nearby
residents.
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Councilman Friess noted that approval of the proposed modifications would not infer an approval of
any specific use for the property, such as Solag, but would provide more specific direction with regard
to any future development of the property.
Councilman Harris stated that another possible relocation site for Solag was currently being studied by
the City. The City Manager advised that the site, which is located off La Pata, is currently owned by
the City. The site has certain obstacles, such as funding and access, which must be overcome before
the relocation of Solag could be accomplished. Councilman Friess noted the advantages of the site, e.g.
located away from any residential areas and the offer by the City of Dana Point to assist San Juan
Capistrano in relocating Solag to a site other than the Lower Rosan Ranch.
(3) Jack Heath, 26000 Avenida Aeropuerto, opposed the relocation of Solag to the Lower Rosan
Ranch site.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Resolution Confirming Revision to Director's Determination:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution
be adopted:
RESOLUTION NO. 92-11-17.Z CONFIRMING DETERMINATION OF SPECIAL
STUDY GENERAL PLAN DESIGNATION. TENTATIVE PARCEL MAP 90-403,
AND REPEALING RESOLUTION NO, 92-7-7-4 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING THE PLANNING DIRECTOR'S DETERMINATION OF SPECIAL
STUDY GENERAL PLAN DESIGNATION FOR THE PROPERTY LOCATED
EAST OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL, WEST OF
THE AT&SF RAILROAD TRACKS, AND DIRECTLY SOUTH OF THE
CAPISTRANO VALLEY MOBILE HOME ESTATES (SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY/TENTATIVE PARCEL MAP 90-
403) AND REPEALING RESOLUTION NO. 92-7-7-4
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. REQUEST TO SUBDIVIDE PROPERTY LOCATED ON LOS RIOS STREET.
TENTATIVE PARCEL MAP 92-123 (T UR LIS) (420.70)
Mayor Jones left the Council Chamber due to a potential conflict of interest. Mayor pro tem Friess
presided.
Proposal:
Consideration of a tentative parcel map to create four lots from an existing 2.57 -acre parcel. The
proposed Parcel 4 is currently the site of the storage and maintenance yard for Solag Disposal. The
applicant has agreed to trade Parcel 4 for an alternate site owned by the Community Redevelopment
Agency for the purpose of relocating the disposal company. Parcel 4 will be improved as a park,
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M �:4 1,
consistent with the Los Rios Precise Plan. The historic Rodman House is located on Parcel 1. Parcel
2 contains a small parking lot which is leased to the City for public parking for the Los Rios District.
No development is currently proposed for Parcels 2 or 3.
Applicant:
Thomas Trulis
32141 Cook Lane
San Juan Capistrano, CA 92675
Written Communication:
Report dated November 17, 1992, from the Planning Director, providing a staff analysis of the
recommendations forwarded by the Planning Commission at its meeting of October 13, 1992. The
Planning Commission recommended that the property be subdivided into only two parcels instead of
four to ensure compliance with the conditions of the Exchange Agreement between the CRA and Mr.
Trulis and because of concerns with the proposed res: , _atial lots' consistency with the Los Rios Precise
Plan. Staff recommended that the Council confirm the required findings and approve a four -lot
subdivision since 1) the Exchange Agreement constituted a separate legal contractual obligation between
the applicant and the CRA, and 2) future residential development would be subject to review by the Los
Rios Review Committee and must conform to the strict standards of the Los Rios Precise Plan.
Exhibits were on display, and C. J. Amstrup, Assistant Planner, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following
persons responded:
(1) Bill Hardy, 26523 Calle Lorenzo, on behalf of the Los Rios Review Committee, stated that the
Committee thoroughly reviewed this proposal with staff and unanimously concurred with the
staff recommendation to approve a four -parcel subdivision.
(2) David Chorak, Los Rios Street, opposed the proposed parcelization because it would have a
negative impact on the historical character of the neighborhood. He felt that the possible trade
of Mr. Trulis' 2 acres for the City's 6 acres was dishonest and that the City has allowed Solag
to remain in the Los Rios District for too long.
(3) Stephen Rios, 31781 Los Rios Street, opposed the proposed parcelization because of the
potential for increased density from future development of the parcels. He requested that any
development of the property be conditioned to have minimal impact on density and that the
Council address the impact of losing its lease for public parking in the area and environmental
issues.
(4) The applicant, Thomas Trulis, stated that the proposed parcelization would allow for the
rehabilitation of the historic Rodman House by another property owner and that any
development on the remaining lots would be governed by the Los Rios Precise Plan.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Comments:
Councilman Vasquez felt that the proposed parcelization was premature until the site has been properly
cleaned up and certified by the appropriate agencies to ensure that it was environmentally safe.
Mr. Tomlinson noted that the preliminary environmental assessment of the site was completed, which
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147
concluded there was no contamination of groundwater or soil. However, once Solag is relocated, a
certain amount of topsoil will be removed from the site, and the concrete slab for the maintenance
facility and the area of the diesel tanks will be tested to ensure there is no contamination. He noted
that the agreement between the City and Solag requires specific mitigation measures at the conclusion
of the environmental assessments.
Councilman Vasquez inquired what would happen with the parking lot lease once Solag was relocated
to another site. Mr. Scarborough indicated that separate arrangements for parking would have to be
made as it was unrelated to the relocation issue. Mr. Denhalter advised that the donation of the parking
lot to the City would require that the lot be related to the impact of the subdivision of the property,
otherwise, it would constitute a "taking" of the property by regulation.
Motion to Approve a Two -Lot Subdivision:
It was moved by Councilman Hausdorfer, seconded by Councilman Vasquez, that the Planning
Commission recommendation to approve Tentative Parcel Map 92-123 be approved for a 2 -lot
subdivision. The motion failed by the following vote:
AYES: Councilmen Hausdorfer and Vasquez
NOES: Councilman Harris and Mayor pro tem Friess
ABSENT: Mayor Jones
Councilman Harris felt that the proposed parcelization would result in development that was consistent
with other lots in the area and noted the recommendation of approval by the Los Rios Review
Committee. Mayor pro tem Friess suggested that the project be conditioned to require that the final
parcel map could not be recorded until Solag was relocated. Councilman Hausdorfer cited concerns
with the physical characteristics of the property, lack of future plans for the site, and potential increase
in density. He requested assurance that the park site use would remain with Parcel 4. Mr. Tomlinson
explained that the proposed four -lot parcelization would allow the City to more easily negotiate for
parking spaces, if so desired in the future. It would also provide the financial incentive for an outside
buyer to purchase and rehabilitate the Rodman parcel. He noted that only two residential structures
could be constructed on the remaining two parcels, which development must adhere to spec design
standards of the General Plan and the Los Rios Precise Plan relating to floor -to -area ratios for
residential structures. He emphasized that Parcel 4 has already been officially zoned for the Los Rios
Park site.
Resolution Approving Tentative Parcel Man 92-123:
It was moved by Councilman Harris, seconded by Councilman Friess, that the following Resolution be
adopted approving Tentative Parcel Map 92-123 as a four -lot subdivision, with the proviso that the
finalizing of the Final Map would occur simultaneously with the relocation of Solag and that the public
park parcel is zoned and identified for public park uses.
RESOLUTION NO. 92-11-17-3. APPROVING TENTATIVE PARCEL MAP 92-123
TR LIS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
92-123, A FOUR -LOT PARCELIZATION OF 2.57 ACRES LOCATED WITHIN
THE LOS RIOS HISTORIC DISTRICT, APPROXIMATELY 200 FEET NORTH
OF THE LOS RIOS ENTRY PLAZA, ASSESSOR PARCEL NOS. 121-143-06 AND
121-143-09 (TRULIS)
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11/17/92
The motion carried by the following vote:
AYES: Councilmen Harris, Hausdorfeq Vasquez and Mayor pro tem Friess
NOES: None
ABSENT: Mayor Jones
Mayor Jones returned to the Council Chamber and presided.
3. APPROVING REZONE 92-03 AND AMENDMENT TO THE COMPREHENSIVE
DEVELOPMENT PLAN 78-1 FOR PROPERTY LOCATED AT 27184 ORTEGA
HIGHWAY (CAPISTRANO COLLECTION) (,460,20)
Pr :
Consideration of a rezone to amend Comprehensive Development Plan 78-1, Planning Sector A-1, to
include medical, dental, and professional offices uses for the neighborhood commercial center located
at 27184 Ortega Highway.
Applicant /Property Owner:
Wellman, Bazyler & Bazyler
Attn: Dick Carlson
1400 Quail Street, Suite 270
Newport Beach, CA 92660
Written Communication:
Report dated November 17, 1992, from the Planning Director, recommending that the proposed
amendment be approved based on consistency with the General Plan and sufficiency of parking on site.
Exhibits were on display, and Mechelle Lawrence, Assistant Planner, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, closed the hearing with the right to reopen at any time.
Introduction of Ordinance Approving Amendment to CDP 78-1. Planning Sector A-1:
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:
APPROVING REZONE 92-3. AN AMENDMENT TO COMPREHENSIVE
DEVELOPMENT PLAN 78-1. THE ORTEGA PLANNED COMMUNITY
COMPREHENSIVE DEVELOPMENT PLAN (CAPISTRANO COLLECTION) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING REZONE 92-3, AN AMENDMENT TO COMPREHENSIVE
DEVELOPMENT PLAN 78-1, PLANNING SECTOR A-1, TO INCLUDE
MEDICAL, DENTAL, AND PROFESSIONAL OFFICE USES FOR A
NEIGHBORHOOD COMMERCIAL CENTER LOCATED AT 27184 ORTEGA
HIGHWAY (ARCHITECTURAL CONTROL89-2/CAPISTRANO COLLECTION)
The motion carried by the following vote:
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AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
=119116Y3O UT18WIYIV= 0Wi:3101:13 1
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Proposal:
Consideration of the annual application for Community Development Block Grant (CDBG) funds
through the City of Orange for the benefit of low- and moderate -income persons.
Written Communication:
Report dated November 17, 1992, from Julia M. Kimminau, Management Assistant, forwarding the
recommendation of the Community Development Block Grant Advisory Committee to apply for a total
of $598,000 in funds for various City projects.
Julia M. Kimminau, Management Assistant, made an oral presentation.
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, closed the hearing with the right to reopen at any time.
Mr. Denhalter advised that Mayor Jones would have no conflict of interest in the matter since it involves
an application for funding only, with no benefit to surrounding property at this time.
ApRroval of Year 19 CDBG Application:
It was moved by Councilman Harris, seconded by Councilman Friess, and unanimously carried that the
Year 19 Application for CDBG funding be approved as follows:
1.
Mobile home rehabilitation ............................
$100,000
2.
City-wide private property rehabilitation ....................
50,000
3.
South County Senior Services ............................
15,000
4.
Mary Erickson Foundation (San Juan
Affordable Housing Advocacy Committee) .................
10,000
5.
Los Rios Street reconstruction ...........................
190,000
6.
Lacouague building renovation ...........................
100,000
7.
Scout Hut renovation ..................................
8,000
8.
Drainage design - El Homo Creek Flood Control .............
125,000
5. ADOPTION
OF GENERAL PLAN AMENDMENT 91-03 GROWTH
MANAGEMENT
ELEMENT OF THE GENERAL PLAN (440,25)
Proposal:
Consideration of a Growth Management Element to the General Plan, as mandated by Measure M
approved
in June 1990.
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150
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated November 17, 1992, from the City Manager, analyzing the components of the draft Growth
Management Element and recommending adoption.
Bill Ramsey, Senior Planner, made an oral presentation. He noted that the Orange County Local
Transportation Authority adopted a resolution conditionally accepting the City's eligibility package. He
explained that water and sewer standards are not included in this Element because of master plans
which provided for those services. Staff intends to submit an amendment to the Zoning Ordinance at
a later date to bring it into consistency with the General Plan.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, closed the hearing with the right to reopen at any time.
Resolution Adoptine the General Plan Growth Manazement Element:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution
be adopted:
RESOLUTION NO, 92-11-17-4. ADOPTING GENERAL PLAN AMENDMENT
91-3. GROWTH MANAGEMENT ELEMENT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A GROWTH MANAGEMENT ELEMENT TO THE GENERAL
PLAN CONSISTENT WITH THE PROVISIONS OF MEASURE "M," THE
GROWTH MANAGEMENT AND TRANSPORTATION PLANNING
INITIATIVE - GENERAL PLAN AMENDMENT 91-3
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
/LI`I�` I .
Council recessed at 8:45 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 8:46 p.m.
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CITY MANAGER
1. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR HUMAN RELATIONS
PROGRAM ASSISTANCE (NIBARDO GOMEZ, JR,) (600,30)
Written Communication:
Report dated November 17, 1992, from the Senior Management Assistant, recommending that a new
contract between the City and Nibardo Gomez, Jr. be approved for the provision of human relations
and housing inspection assistance. The new contract would not include housing and code inspection
tasks, which services will be provided by a future Housing Specialist position. The proposed term of
the contract would run from November 17,1992, through June 30, 1993, at a salary of $3,200 per month.
Larry Culbertson, 32882 Avenida del Rosal, stated that the program should target San Juan Capistrano
residents and not non -citizens. He felt that programs such as the Employment Opportunity Program
promote the violation of human rights (minimum wages, hiring of illegal aliens) which results in
overcrowding. Mr. Scarborough stated the reality was people standing on street comers waiting for jobs
and the City needed to facilitate better ways to assist those people. Councilman Harris suggested that
consideration be given in the future to providing more specific job descriptions in human relations.
Apyroval of Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that
the Independent Contractor Agreement for Human Relations Services be approved between the City
and Nibardo Gomez, Jr., for a not -to -exceed amount of $3,200 per month, for the period beginning
November 17, 1992, and ending June 30, 1993.
• • • • • •� •
Written Communication:
Report dated November 17,1992, from the City Manager, forwarding a draft Ordinance for introduction
to prohibit skateboarding on Council -designated properties within business districts and designated
public properties. The Ordinance would require the posting of signs notifying the public of the
prohibition prior to enforcement.
Introduction of Ordinance Adding Chanter 23 to 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
Hausdorfer, that the following Ordinance be introduced:
AMENDING TITLE 5 OF THE MUNICIPAL CODE - ADDING CHAPTER 23.
SKATEBOARD REGULATIONS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 23,
"SKATEBOARDING PROHIBITED IN CERTAIN DESIGNATED AREAS," TO
TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following roll call vote:
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AYES: Councilmen Friess, Harris, Hausdorfer, and Mayor Jones
NOES: Councilman Vasquez
ABSENT: None
3. AMENDMENT TO THE CLASSIFICATION AND COMPENSATION PLAN ADDING
PART-TIME POSITION (BILINGUAL CLERK TYPIST) (700,20)
Written Communication:
Report dated November 17,1992, from the Senior Management Assistant, recommending that a position
of Bilingual Clerk Typist be created to provide clerical support to Nibardo Gomez, Jr. of the Citys
Human Relations Program on a temporary, part-time basis (30 hours per week), in the range of $10.18
to $12.72 per hour. At the end of the 1992-93 fiscal year, the position would be re-evaluated as it
related to the City's Human Relations Programs and the overall Neighborhood Preservation Program.
Resolution Creating the Position of Bilingual Clerk Typist (Part Time):
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following Resolution
be adopted:
RESOLUTION NO, 92-11-17-5. AMENDING RESOLUTION NO. 91-9-17-7. THE
CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 91-9-17-7, THE
CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN,
CREATING ONE POSITION (BILINGUAL CLERK TYPIST)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
4. CHARTER AGREEMENT BETWEEN DECORATIVE ARTS STUDY CENTER AND
CITY OF SAN JUAN CAPISTRANO (LIBROS Y ARTES DE SAN JUAN CAPISTRANO)
(600,30)
Written Communication:
Report dated November 17, 1992, from the City Manager, forwarding a Charter Agreement between
the City and the Libros y Artes de San Juan Capistrano to ensure the continued operation of the
Decorative Arts Center and to establish the Center as a nationally recognized institution of learning and
the study of the decorative arts. No financial commitment on the part of the City is made or implied
by the Charter, and the Charter would not involve the CRA's lease of a building to Libros for the
operation of the Center.
Councilman Friess suggested that a similar charter be considered in the future for the San Juan
Institute.
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Resolution Granting Charter to Libros yArtes de San Juan Capistrano:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution
be adopted:
RESOLUTION NO. 92-11-17-6. GRANTING CHARTER TO LIBROS Y ARTES
DE SAN JUAN CAPISTRANO - DECORATIVE ARTS STUDY CENTER - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, GRANTING A CHARTER TO LIBROS Y ARTES
DE SAN JUAN CAPISTRANO FOR THE DEVELOPMENT AND
ESTABLISHMENT OF A CENTER FOR THE STUDY OF THE DECORATIVE
ARTS IN THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF ADMINISTRATIVE SERVICES
1. AMENDMENT TO TITLE 3. CHAPTER 3. ARTICLE 6 OF THE MUNICIPAL CODE -
TRANSIENT OCCUPANCY TAXES (M.50)
Written Communication:
Report dated November 17, 1992, from the Interim Director of Administrative Services, recommending
that the draft Ordinance be introduced amending the portion of the Municipal Code relating to transient
occupancy tax to increase the percentage of tax from 8% to 10% of the rent charged by a hotel
operator.
Jeff Grether, 27174 Ortega Highway, owner of Capistrano Inn, spoke in opposition to the proposed
increase because of the difficulty in competing with businesses located in cities near the ocean. As an
alternative, he suggested that the City annex the Travel Lodge property on Avery Parkway and tax the
65 -unit hotel on the Schuller Ranch property. He stated that the City would remain more competitive
if the rate remained at the present 8%.
Councilman Harris stated he would oppose the increase because of the businesses struggling during this
difficult economic period.
Introduction of Ordinance Amending the Municipal Code Re: Transient Occupancy Tax
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 introduced:
AAMENDING TITLE 3 OF THE MUNICIPAL CODE - LEVY AND
COLLECTION OF TRANSIENT OCCUPANCY TAX - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE
3, CHAPTER 3, ARTICLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE RELATING TO TRANSIENT OCCUPANCY TAX
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The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and Vasquez
NOES: Councilman Harris and Mayor Jones
ABSENT: None
1. AMENDMENT TO TITLE 3. CHAPTER 1. ARTICLE 2 OF THE MUNICIPAL CODE -
BUSINESS LICENSE (390.60)
Written Communication:
Report dated November 17, 1992, from the Interim Director of Administrative Services, recommending
that the draft Ordinance be introduced amending the portion of the Municipal Code relating to business
license tax to remove the maximum annual tax of $125 without changing the rate of $5 per non-
professional employee and $25 per professional employee after the first employee. The proposed
Ordinance would also remove the annual maximum tax on apartment houses, mobile home parks,
recreational vehicle parks, storage facilities, motels, and hotels.
Introduction of Ordinance Amending the Municipal Code Re: Business License Tax:
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 introduced:
AMENDMENT TO TITLE 3 OF THE MUNICIPAL CODE - BUSINESS
LICENSE REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 3, FINANCE, CHAPTER 1,
BUSINESS LICENSE, ARTICLE 2, TAXES, SECTIONS 3-1.201, 3-1.202, AND
3-1.204
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIIIECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated November 17, 1992, from the Director of Planning Services, advising that no new
development applications were received by the City since the last report of October 20, 1992.
With the consensus of the Council, Mayor Jones ordered the Report received and filed.
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2. REQUEST FOR WAIVER OF FEE FOR PROCESSING EXCEPTION TO SIG
Written Communications:
(1) Report dated November 17, 1992, from the Planning Director, recommending that the
applicant's request to waive the application processing deposit for a sign exception be denied
based upon the finding that the applicant did not submit information proving that the deposit
would create an undue financial burden upon the project, as claimed by the applicant.
(2) Letter dated November 13, 1992, from the applicant, requesting that the item be removed
from the agenda.
Removal of Item from the Agenda:
The item was removed from the agenda as requested by the applicant.
1. ORAL REPORTS OF OUTSIDE AGENCIES
Councilman Friess noted that the Coastal Commission hearing on the final coastal permit was
scheduled for November 18, 1992.
b. )ague of California Cities (140.20)
Councilman Hausdorfer suggested that the new Council members attend the next meeting
scheduled in January.
Councilman Friess requested that the Mayor award Certificates of Commendation to Winnie Pumphrey
and Nida Blackwell for their work with students at the San Juan Elementary School. Mayor Jones
concurred.
2. CONFLICT OF INTEREST (640.50)
Mayor Jones explained that he abstains on certain issues because he lives in the Los Rios District.
However, he disagrees with the conclusions of the appraisal performed on his property which indicated
that he could directly benefit from decisions made on the Historic Town Center project and the
relocation of Solag Disposal. Although he felt it was inappropriate for him not to participate in
important issues to the City, he did not wish to jeopardize the City's position on any of these matters
and he reluctantly agreed to abstain.
• •
Councilman Harris requested assistance with apparent gang activity and loitering on La Zanja where
pedestrians are being intimidated.
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4. PARKING/TRAFFIC CONCERNS - LA ZANJA (570.70)
Councilman Harris requested enforcement with double parking occurring frequently on La Zanja and
vehicles passing over a solid double yellow line.
CLOSED SESSION
Council recessed to a Closed Session at 9:15 p.m. for discussion of litigation matters per Government Code
Section 54956.9(a) (Committee to Restore Integrity v. City) and personnel matters per Government Code
Sections 54957, 54957.6 and 54956.9(b), the City Clerk being excused therefrom, and reconvened at 10:05 p.m.
COUNCIL ACTION
1. APPROVAL OF SETTLEMENT AGREEMENT (JUL (600.30)
It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried to
find that this item was not available prior to publication of the Agenda and actions was necessary at this
time.
Approval of Settlement Agreement and Payment:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried to
approve the Settlement Agreement and payment to former City Manager Stephen Julian. The
documents were signed in public, and the check was transferred to Ken Julian, who was authorized to
receive the documents. Councilman Vasquez stated he approved of the settlement and payment because
the Council had an obligation to approve them.
There being no further business before the Council, the meeting was adjourned at 10:05 p.m. to the next regular
meeting date of Tuesday, December 1, 1992, at 7:00 p.m. in the City Council Chamber.
ATTEST:
s
1 Jones
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
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