93-0216_CC_Minutes_Regular MeetingRE
FEBRUARY 16, 1993
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAMTRANO, 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 pm. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Pastor Paul Hall of the Capistrano Valley Baptist Church.
ROLL CALL PRESENT: Gil Jones, Mayor
Collene Campbell, Council Member
Gary L. Hausdorfer, Council Member
Carolyn Nash, Council Member
Jeff Vasquez, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson,
City Clerk; Cynthia L. Pendleton, Interim Director of Administrative Services; William M. Huber, Director of
Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; Nancy Bernardi,
Recording Secretary.
MOTION TO READ BY TTTLE ONLY
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried that
all Ordinances be read by title only.
ORAL-COMMSLNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
None
as n 0�.i87_f7
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by
the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
FEBRUARY 2. 1993
The Minutes of the Regular Meeting of February 2, 1993, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
REGULAR MEETING OF FEBRUARY 2. 1993
The Minutes of the Regular Meeting of February 2, 1993, were approved as submitted.
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240
3. RECEIVE AND FILE CASH BALANCES BY FUND FOR DECEMBER 1992 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month of December 1992 in the total
amount of $165,380.27 was received and filed.
4. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF
JANUARY 31. 1993 (350.30)
The City Treasurer's Report of Investments as of January 31, 1993, in the total amount of $17,600,789.05
was received and filed.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.601
The Report dated February 16, 1993, from the Director of Planning Services, regarding actions taken
at the meeting of January 26, 1993, was ordered received and filed.
6. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated February 16, 1993, from the Planning Director, regarding actions taken at the meeting
of February 3, 1993, was ordered received and filed.
7. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS (930.40)
The Report dated February 16,1993, from the Director of Community Services, regarding actions taken
at the meeting of January 11, 1993, was ordered received and filed.
8. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated February 16, 1993, from the Planning Director, regarding actions taken at the meeting
of January 28, 1993, was ordered received and filed.
9. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated February 16, 1993, from the Director of Community Services, regarding actions taken
at the meeting of January 18, 1993, was ordered received and filed.
10. RESOLUTION ESTABLISHING "NO SKATEBOARDING" AT SYCAMORE
BUSINESS PARK/PASEO ADELANTO (SPAULDING)_(590.10)
As set forth in the Report dated February 16, 1993, from the Director of Engineering and Building, the
following Resolution was adopted establishing "No skateboarding" for the Spaulding properties at 32232-
32244 Paseo Adelanto:
RESOLUTION NO, 93-2-16-1. ESTABLISHING "NO SKATEBOARDING" AREA- —
SYCAMORE BUSINESS PARK/PASEO ADELANTO (SPAULDING) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A 'NO SKATEBOARDING"
AREA AT 32232, 32234, 32236, 32238, 32240, 32242, AND 32244 PASEO
ADELANTO PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL
CODE (SYCAMORE BUSINESS PARK/SPAULDING)
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11. DENIAL OF APPLICATION TO PRESENT A LATE CLAIM
(THOMAS GRAYDEN/PHYLLIS SCHAUB) (170.10)
As set forth in the Report dated February 16, 1993, from the City Attorney, the application to Present
a Late Claim by Thomas J. Grayden and Phyllis Schaub for damage incurred from expansive soils in
1993 at 30672 Fox Run Lane, was denied.
The following item on the Consent Calendar was considered separately, as requested by George Dios.
RESOLUTION. ACCEPTING STREET MONUMENTATION AND AUTHORIZING RELEASE OF
MONUMENTATION BOND. TRACT 13026 (DIVIDEND DEVELOPMENT CO./REMINGTON) (600.30)
George Dios, president of the Hunters Creek Homeowners Association, requested that he be provided
with the names of the representatives from Dividend Development and Remington Properties who
requested the release of the monumentation bond. The Director of Engineering and Building will
respond to Mr. Dios.
As set forth in the Report dated February 16, 1993, from the Director of Engineering and Building, it
was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted declaring the street monumentation for Tract 13025 by Dividend Development
Corporation to be complete and releasing corresponding monumentation bond:
RESOLUTION NO, 93-2-16-2. COMPLETION OF PUBLIC IMPROVEMENTS
AND RELEASE OF MONUMENTATION BOND - TRACT 13025 (DIVIDEND
DEVELOPMENT/ REMINGTON PROPERTIES) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE SURVEY MONUMENTATION FOR TRACT 13025
(DIVIDEND DEVELOPMENT/REMINGTON PROPERTIES)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution accepted the work as complete and authorized the release of the corresponding
Monumentation Bond No. 9440125 in the amount of $7,000. The City Clerk was directed to forward
a Notice of Completion to the County Recorder.
PUBLIC HEARINGS
1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
PROPERTY LOCATED AT 33949 DOHENY PARK ROAD. #6 (COMMUNITY
REDEVELOPMENTAGENCY/PRICECOMPANY/WFSELOHM VESTMENTS)(400.2
(CONTINUED FROM FEBRUARY 2- 1993)
Proposal:
Consideration of.-
a)
f
a) The second amendment to the Disposition and Development Agreement and Promissory Note
to provide for car dealerships as a permitted use at Building #6 of the Price Club Plaza;
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b) A Master Lease Agreement between the Community Redevelopment Agency and the Price
Company, with an initial term of 10 years, 180 days, for the use of the premises, in which the
Community Redevelopment Agency would pay to the Price Company a base rent of $300,000
annually, a Common Area Rent of $3,000 annually, and a Sales Tax Rent equal to 221/2% of the
tax revenues collected by the City from the business; and
c) A Sublease Agreement between the Community Redevelopment Agency and Weseloh
Investments, with an initial term of 10 years, 179 days, for the use of the premises, in which the
Weseloh Investments would pay to the Price Company a base rent, a Common Area Rent, and
a Sales Tax Rent equal to 471/2% of the tax revenues collected by the City from the business.
Written Communication:
Report dated February 16, 1993, from the City Manager, noting that the Price Company had requested
a continuance of the Hearing due to unresolved issues.
Mr. Scarborough noted that staff concurred with the Price Company's request to continue the hearing
to address concerns with conditions recommended by staff for a proposed off-site sign.
Continuation of Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing. There being no
response, it was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and
unanimously carried that the hearing be continued to the meeting of March 2, 1993.
RECESS AND RECONVENE
Council recessed at 7:07 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:08 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AMENDMENT TO THE COMPENSATION ANDLA TION PLAN ADDING
A NEW POSITION - LEGAL ASSISTANT _ (700. 20
Written Communication:
Report dated February 16, 1993, from the City Manager, advising that in April, 1993, the Administrative
Secretary II in the City Attorney's office will be retiring. The report recommended creation of a Legal
Assistant position to assist the City Attorney in the performance of routine and basic service demands.
This position would combine the duties of a legal secretary with paralegal knowledge and experience,
and replace the current Administrative Secretary II position. The proposed salary range is $2,693 to
$3,367 per month.
Resolution Creating New Position. Legal Assistant:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO, 93-2-16-3. AMENDING RESOLUTION NO, 91-9-17-7. THE
CITY'S PERSONNEL CLASSIFICATIONANDCOMPENSATIONPLAN (LEGAL
ASSISTANT) - 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 (LEGAL ASSISTANT)
The motion carried by the following vote:
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AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF PLANNING SERVICES
1. AUTHORIZATION TO EXECUTE AGREEMENT FOR CONSULTANT SERVICES -
LAND ECONOMIST. HISTORIC TOWN CENTER (KEYSER-MARSTON ASSOCIATES.
INC.) (600.30) (CONTINUED FROM FEBRUARY 2. 1993)
Mayor Jones left the podium due to a potential conflict of interest. Mayor pro tem Campbell presided.
Written Communication:
Report dated February 16, 1993, from the Planning Director, forwarding a Consulting Services
Agreement, in an amount not to exceed of $42,045, with Keyser -Marston Associates, Inc., to provide
financial specialist services in the preparation of the Historic Town Center Master Plan. This item was
continued from the meeting of February 2 for staff to provide additional detailed information regarding
the hiring the economist at this time in the process. The Report indicated that at the third workshop,
the economist would evaluate various land use scenarios developed through the workshop process and
discuss the various financial options available and potential funding sources for historic preservation.
The economist would then evaluate alternative plans after the sixth workshop for economic viability for
consideration at the seventh workshop, and would later provide advice on negotiations with potential
developers for the ultimate development of the Historic Town Center.
Mr. Tomlinson made an oral presentation.
Council Comments:
Council Member Hausdorfer stated he would not support the proposed contract because he felt the
information could be obtained without spending the money for a land economist, particularly in light
of the difficult economic times. The funds not expended for this purpose could be used for other
priorities. He felt there might be residents willing to volunteer their time toward in this aspect of the
workshops. Council Member Vasquez concurred and stated that a consensus was needed first on plans
for the Historic Town Center. He felt that the City Council should become involved in the Historic
Town Center workshop process, particularly before a consultant is hired.
Mr. Scarborough stressed the need for the land economist to address potential land uses and the
strengths of those uses to ensure the success of the Historic Town Center. Council Member Nash felt
it was essential that the land economist be hired to evaluate the various plans developed through the
workshops. As a compromise, she suggested that the economist be hired at another time at less salary.
Mr. Tomlinson explained that the economist would bill for time and materials only, not to exceed
$42,000.
Council Member Campbell concurred with Council Member Hausdorfer and felt that staff had the
expertise to provide the necessary information to the workshop participants. Council Member
Hausdorfer suggested that the matter be tabled indefinitely so that the City Council could set its
priorities for the Historic Town Center, to include consideration of funding in the 1993-94 budget, and
that the consultant to be hired at a later time in the process, if necessary.
approval to Table Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the
Agreement for Consulting Services between the City and Keyser Marston Associates, Inc., as a land
economist to assist with the preparation of the Historic Town Center Master Plan, be tabled indefinitely.
The motion carried with Council Member Nash voting in opposition and Mayor Jones absent.
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244
Mayor Jones returned to the podium and presided. He noted that the workshops would continue as
scheduled and inquired whether he and Council Member Vasquez could participate in the process as
citizens and not members of the City Council. Mr. Denhalter stated that they could participate as
members of the audience, but must clarify they were speaking as private citizens. Mr. Tomlinson noted
that staff intended to update the City Council in May 1993 on the workshop process.
2. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated February 16, 1993, from the Planning Director, advising that no new development
applications were received by the City since the last report of January 19, 1993.
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the Report be received and filed.
lei 15
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1. APPROVAL OF CONSULTING SERVICES AGREEMENT FOR CAPITAL
IMPROVEMENT PROJECTS. 1992-93 (ADAMS STREETER) (600.30)
Written Communication:
Report dated February 16, 1993, from the Director of Engineering and Building, recommending that
the City enter into an Consulting Services Agreement with Adams Streeter in the amount of $128,900
for the design of seven Capital Improvement Projects in the 1992-93 City budget.
Mr. Huber noted that the projects were combined into one package to minimize administrative time and
costs and explained the proposal process.
Approval of Consultine Services Agreement:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the Consulting
Services Agreement be approved between the City and Adams Streeter in the not -to -exceed amount of
$128,900 for the design of the following seven Capital Improvement Projects in the 1992-93 City budget:
Project
Fee
1. San Juan Creek Road Sidewalk at I-5 ........... $12,150
2. Los Rios Street Sewer ....................... 8,750
3. Los Rios Street and Drainage ................. 13,950
4. Hilltop Way Sewer .......................... 4,050
5. Calle Arroyo Sewer .......................... 3,900
6. Rosenbaum Pump Station .................... 28,950
7. Marbella Pump Station ...................... 57,150
The motion carried with Council Member Vasquez and Mayor Jones abstaining due to the proximity
of two of the projects to their residences.
2. AGREEMENT TO FUND PURCHASE OF SOUTH EAST REGIONAL RECLAMATION
AUTHORITY ADMINISTRATION BUILDING (600.50)
Written Communication:
Report dated February 16, 1993, from the Director of Engineering and Building, forwarding an
agreement between the South East Regional Reclamation Authority and the member agencies to
provide for long-term financing to repay the reserve funds used to facilitate the purchase of an
administration and operations building, to be located on Rancho Viejo Road near Junipero Serra Road.
A budget revision for the building purchase had been approved by Council on July 7, 1992.
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245.
Approval of Agreement:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the Agreement between SERRA and the Members of Project Committee No. 2 of SERRA
be approved granting SERRA the authority to enter into long-term financing of an administration and
operations building. The City's share of the annual cost of the debt financing totaling $97,797 shall be
funded from sewer revenues over a 20 -year period. The Mayor was authorized to execute the
agreement on behalf of the City.
1. APPROVAL OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
MODIFYING ADMINISTRATIVE APPROVAL PROCESS FOR TEMPORARY
PERMITS AND ADDING SPECIFIED USES REQUIRING CONDITIONAL
USE PERMITS TO SECTION 9-3.304 (42030) (ADOPTIONI
Written Communication:
Report dated February 16, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of February 2, 1993, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had
been waived earlier in the meeting. It was moved by Council Member Vasquez, seconded by Council
Member Campbell, that the following Ordinance be adopted:
ORDINANCE NO. 725, MODIFYING THE ADMINISTRATIVE APPROVAL
PROCESS FOR TEMPORARY USE PERMITS AND TRANSFERRING
RELIGIOUS. FRATERNAL. AND SERVICE ORGANIZATION USES FROM
THE CLASSIFICATION OF TEMPORARY USES TO CONDITIONAL USES -AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9, CHAPTER 2, SECTION 9-2312 OF THE MUNICIPAL
CODE TO MODIFY THE ADMINISTRATIVE APPROVAL PROCESS FOR
TEMPORARY USE PERMITS, AND AMENDING TITLE 9, CHAPTER 3,
SECTIONS 9-3304 AND 9-3.608 TO DELETE RELIGIOUS, FRATERNAL, AND
SERVICE ORGANIZATIONS AND TEMPORARY USES AND ADD AS
CONDITIONAL USES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. APPROVAL OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE
REQUIRING CONDITIONAL USE PERMITS AND ESTABLISHING STANDARDS -
BED AND BREAKFAST ESTABLISHMENTS (420.a (ADOPTIOND
Written Communication:
Report dated February 16, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of February 2, 1993, and was scheduled for adoption.
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246
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had
been waived earlier in the meeting, It was moved by Council Member Nash, seconded by Council
Member Vasquez, that the following Ordinance be adopted:
ORDINANCE NO, 726. AMENDMENT TO TITLE 9 OF THE MUNICIPAL
CODE - BED AND BREAKFAST ESTABLISHMENTS - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION
9-3304 AND ADDING SECTION 9-3.630, BED AND BREAKFAST
ESTABLISHMENTS, TO THE MUNICIPAL CODE AND ESTABLISHING
STANDARDS FOR SUCH STRUCTURES AND USES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. REPORT FROM CITY COUNCIL SUBCOMMITTEE ON FUNDING OF
COMMUNITY ORGANIZATIONS (3 .20)
Written Communication:
Report dated February 16, 1993, from the Council Subcommittee for Community Promotion Funding
forwarding recommendations for the distribution of $41,000 in funding to five community organizations
based on its review of the requests for Community Promotion Funding for the 1992-93 fiscal year.
Mr. Scarborough made an oral presentation. Council Member Vasquez stated that he and Council
Member Campbell reviewed the requests in detail and felt that the proposed funding allocations had
the highest priority. Council Member Campbell noted that they focused on organizations that benefitted
the health and safety of the community. Council Member Nash requested that the San Juan Research
Institute be removed from Attachment A for separate consideration.
Approval of Funding for Community Organizations. 1992-93:
It was moved by Council Member Campbell, seconded by Council Member Nash, and unanimously
carried that $41,000 in funding be approved for distribution to the following community organizations
for fiscal year 1992-93:
mmunitv Organization Funding Aonroved
1. South Orange County Senior ServiceE ................ $2,000 _.
2. Community Counseling Center ..................... 15,000
3. South County Community Clinic .................... 20,000
4. SOC Community Services Council .................... 2,000
5. Capistrano Indian Council .......................... 2,000
Approval of Non -Allocation for San Juan Research Institute:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that funding
for rental assistance beyond February 1993 not be allocated for the San Juan Research Institute. The
motion carried with Council Member Nash abstaining due to a potential conflict of interest.
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2. ORAL • s OF OUTSIDE
a. Foothill/Eastern Trans2grtation Corridor (800,50)
Council Member Nash noted her attendance at meetings and requested assurance that she is being
provided with all staff reports as well as agendas.
. • - .� :JJ
Council Member Campbell concurred with Council Member Nash's comment and noted the
difficulties they face in acquiring the understanding necessary to represent the City at the Corridor
meetings, having had no prior involvement in the Corridor process.
1. SERRA BOARD MEMBERSHIP (1040.60
Council Member Vasquez suggested that consideration of reappointing a City Council member to the
SERRA Board be agendized for a future meeting. Council Member Hausdorfer cited the importance of
the Citys responsibility in continuing to serve on regional boards, despite the enormous time and
commitment necessary. Council Member Campbell spoke regarding the advantages of former City Council
Member Buchheim's long-term experience with the Board. It was a consensus of the Council that the
matter be agendized for the meeting of March 2, 1993. Mayor Jones requested that Mr. Buchheim be
notified of the meeting.
2. CRA LEGAL COUNSEL (400.20)
Council Member Nash suggested that the City Attorney be appointed as the CRA's Legal Counsel to
provide in-house legal services and administration of legal work performed by an outside attorney. It was
a consensus of the Council that the matter be agendized for the meeting of March 2, 1993.
3. NO SMOKING REGULATIONS (585.20)
Mayor Jones spoke regarding recent press reports regarding the adverse health impacts of second-hand
smoke and suggested that the City consider adopting a 100% no -smoking ordinance for restaurants in the
City. He noted that since the adoption of the smoking ordinance two years ago, some businesses are not
complying with the regulations. He stated that the City of San Luis Obispo has received minimal
complaints since the adoption of their no -smoking ordinance and that some of their establishments
voluntarily instituted 100% no smoking. Council Member Hausdorfer noted that some restaurant owners
have requested that the City adopt a 100% no -smoking ordinance for easier administration. It was a
consensus of the Council that the matter be placed on a future agenda for consideration.
Council recessed to a Closed Session at 8:02 p.m. for discussion of personnel matters per Government Code
Section 54957 and labor relations per Government Code Section 54957.6, the City Clerk being excused therefrom,
and reconvened at 9:40 p.m.
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APPOINTMENT1. OF :• • (600-N)
It was a consensus of the Council that George Scarborough be appointed as the City Manager. A formal
Resolution confirming the appointment and setting compensation will be agendized for the meeting of
March 2, 1993.
City Council Minutes -9- 2/16/93
There being no further business before the Council, the meeting was adjourned at 9:40 p.m. to the next regular
meeting date of Tuesday, March 2, 1993, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOHIRSONICITY CLERK
OMIA-v In
GIL OR
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