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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. 1- 11/17/92 1. 42 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. -2- 11/17/92 143 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) -3- 11/17/92 4_ Z_ 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. -4- 11/17/92 145 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, -5- 11/17/92 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 0 11/17/92 147 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) 7- 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: -8- 11/17/92 AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None =119116Y3O UT18WIYIV= 0Wi:3101:13 1 :iL& 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. -9- 11/17/92 150 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. -10- 11/17/92 151 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: -11- 11/17/92 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. -12- 11/17/92 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 13- 11/17/92 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. -14- 11/17/92 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. -15- 11/17/92 156 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 -16- 11/17/92