93-0302_CC_Minutes_Regular Meeting249
MARCH 2, 1993
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California was called to order by Mayor Jones at 7:00
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Dan
Moncton of the Ocean Hills Community 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; Al King, Jr., Director
of Community Services; Ronald C. Sievers, Director of Public Lands
and Facilities; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Hausdorfer, seconded by Council
Member Vasquez, and unanimously carried that all Ordinances be read
by title only.
PRESENTATIONS AND COMMENDATIONS
1. RECOGNITION OF JOHN MIONE AND WALLY BUBLITZ (WEEKEND
VOLUNTEER PROGRAM) (610.40)
Written Communication:
Report dated March 2, 1993, from the Council Services Manager,
regarding the success of the Weekend Volunteer Program
coordinated by John Mione and Wally Bublitz. The program
involved the use of weekend volunteers in the maintenance of
the City's parks, restrooms, and other City -owned properties.
Mr. Sievers spoke regarding the success of the pilot program,
the voluntary efforts by Messrs. Mione and Bublitz in
overseeing the program.
Presentation of Plaques:
Mayor Jones presented City plaques to Messrs. Mione and
Bublitz in appreciation of their efforts in the Weekend
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Volunteer Program and encouraged residents to assist in the
expansion of the program.
2. PROCLAMATION DESIGNATING MARCH 12 THROUGH 20, 1993. AS
"FIESTA WEEK" (610.40)
Written Communication:
Report dated March 2, 1993, from the City Clerk, forwarding
the Proclamation in recognition of the events planned to
celebrate the return of the Swallows. The 35th annual
Swallows Day Parade will be held on March 20th.
The Proclamation was presented to Anita Adkisson, President
of the Fiesta Association, and Fiesta Week garters were
presented to the Council Members and City staff.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. SOUTH ORANGE COUNTY COMMUNITY THEATER (130.30)
B. J. Scott, President of the South Orange County Community
Theater, 31776 E1 Camino Real, noted their one-year
anniversary at their present location in the former PacBell
building and the various shows and special events hosted or
participated in by the theater. Jill Forbath, the theater's
new Artistic Director and Landscape Architect, expressed
appreciation to the City for their support and highlighted
upcoming events.
2. FORSTER RV STORAGE YARD/CUP 84-4 (460.70)
Larry Culbertson, 32882 Avenida del Rosal, spoke in opposition
to the application for a Conditional Use Permit to allow an
RV storage facility at the corner of Camino Del Avion and Del
Obispo Street. He noted that none of the surrounding cities
have allowed an RV storage facility in a residential area.
He stated that Section 9-3.304 of the Municipal Code was
modified several years ago adding RV storage uses to uses that
require a Conditional Use Permit. Since review of this item
was scheduled for the March 9, 1993, Planning Commission
meeting, he urged that the matter be tabled until staff has
reviewed this matter and considered rescinding the RV storage
clause in Section 9-3.304.
3. RECYCLING CONTAINERS/WEED ABATEMENT (810.60/540.70) -
Ron Manning, 29711 Monarch Drive, cited objections to being
charged for the green waste containers, which he stated he
does not need since he recycles all of his yard waste; the
City's inability to control the number and type of recycling
containers to be used at individual residences; and, the
City's weed abatement notification process. There was a
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consensus of Council that staff respond in writing to Mr.
Manning.
4. OPEN SPACE MASTER PLAN IMPLEMENTATION - FUND RAISING FOR
ADDITIONAL SOCCER FIELDS (530.40)
Jack Tarr, 27452 Calle Arroyo, concurred with the Council's
adoption of the Open Space Master Plan Implementation Report
at the February 2 meeting, which included the approval of
athletic fields and a community center. He noted that local
youth athletic organizations wish to raise funds during the
last weekend in March to share with the City in constructing
athletic fields in addition to those approved at the February
2 meeting. He requested that the City Council informally
approve this fund raising effort and authorize the matching
of funds, not to exceed $50,000. There was a consensus of
Council that Mr. Tarr meet with Al King and the City Manager
to formulate a formal recommendation to the City Council
regarding the matching of funds. Mayor Jones emphasized the
need to continue working with surrounding communities for
financing construction of additional fields.
LOS RIOS REVIEW COMMITTEE PRIORITIES (400.50)
Francie Kennedy-Perguson, 26652 Ramos Street, Chairman of the
Los Rios Review Committee, noted the following goals and
priorities for the Los Rios District that were established by
the Committee: a) completion of the railroad platform and
requested an update on the project status; b) retirement of
the CRA note for the Dunivin RV Storage due October 1994; and,
c) relocation of Solag Disposal from the Los Rios District.
She noted that two of the three members of the Solag
Relocation Committee were no longer on the City Council and
recommended that the committee be reactivated, with the
possibility of including one member from the Los Rios Review
Committee. There was a consensus of the Council that staff
respond to Ms. Kennedy-Perguson on items (a) and (b) and that
the matter of reactivating the Solag Relocation Committee be
agendized for Council consideration.
CONSENT CALENDAR
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:
NOES:
ABSENT:
City Council Minutes
Council Members Campbell, Hausdorfer, Nash,
Vasquez, and Mayor Jones
None
None
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1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
FEBRUARY 16, 1993
The Minutes of the Regular Meeting of February 16, 1993, were
approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - _
REGULAR MEETING OF FEBRUARY 16, 1993
The Minutes of the Regular Meeting of February 16, 1993, were
approved as submitted.
3. RECEIVE AND FILE WARRANTS OCTOBER FEBRUARY 19, 1993 (300.30)
The List of Demands dated January 31, 1993, in the total
amount of $514,163.24, and the List of Demands dated
February 19, 1993, in the total amount of $964,025.28 were
received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated March 2, 1993, from the Director of Community
Services, regarding actions taken at the meeting of
February 16, 1993, was ordered received and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated March 2, 1993, from the Director of Planning
Services, regarding actions taken at the meeting of
February 9, 1993, was ordered received and filed.
6. REPORT OF SERRA BOARD ACTIONS (440.40)
The Report dated March 2, 1993, from the Director of
Engineering and Building, regarding actions taken at the
meeting of January 12, 1993, was ordered received and filed.
PUBLIC HEARINGS
1. CONSIDERATION OF GENERAL PLAN AMENDMENT 91-03, REZONE 91-
02, TENTATIVE TRACT MAP 14398, GROWTH MANAGEMENT 91-01,
HILLSIDE MANAGEMENT 91-7. AND CERTIFICATION OF SUBSEQUENT
Proposal:
Consideration of a proposal to develop custom residential lots
on 99 acres located at the eastern terminus of Camino Las
Ramblas. The site is characterized by very steep topography
and includes a General Plan -designated ridgeline along the
project's southeastern boundary and two prominent knolls.
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Applicant:
Concorde Development
19752 MacArthur Blvd., Suite 240
Irvine, CA 92714
Written Communication:
(1) Report dated March 2, 1993, from the Planning Director,
recommending that all applications proposed by the
applicant be denied to avoid the alteration of a major
designated ridgeline which defines the signature physical
characteristics of both the Cities of San Juan Capistrano
and the Forster Ranch area of San Clemente. The staff
analysis included a review of various alternative site
designs that were explored in an effort to identify a
design that could meet the objectives of both the City
and the applicant. Staff recommended that a 74 -lot
alternative plan prepared by staff be adopted because of
its preservation of ridgelines and spur ridges, more
natural -appearing grading, and less disturbance of the
entire site. A Memorandum dated February 24, 1993, was
added to the Report which noted that the applicant had
proposed another alternative design (the "February 24
alternative"), which was submitted too late for inclusion
in the Report.
(2) Memorandum dated March 1, 1993, from the Planning
Director, citing the advantages and disadvantages of the
applicant's February 24 alternative and recommending that
the public hearing be continued to March 16 to allow
staff to prepare the appropriate Resolutions of approval
for the February 24 alternative.
(3) Alternative Motions suggested by staff with regard to the
applicant's February 24 alternative.
Exhibits were on display, and Dick Bobertz, Planning Manager,
made an oral presentation and explained the physical
constraints of the site. Slide and overhead presentations
were used to depict topography of the site, prominent knolls
and ridgelines, and alternative plans in relation to the
topography. Mr. Tomlinson summarized the applicant's
February 24th alternative, noting that staff felt that
alternative was superior to the alternative developed by
staff. Since the February 24 alternative proposed grading to
occur right up to the ridgeline, the project would still
require a Ridgeline Exception. Although two homes would be
located within the 200 -foot buffer area, no structures would
be silhouetted against the ridgeline, and the ridgeline would
not be lowered as viewed from either San Juan Capistrano or
San Clemente. The residential development in this alternative
was shifted to the eastern half of the site, and grading was
City Council Minutes -5- 3/2/93
eliminated adjacent to Kinkerry. Only 35% of the site would
be developed, with 65% left as open space. He recommended
that the City Council conceptually approve the February 24
alternative and refer it back to the Planning Commission for
review and formal recommendation to the Council.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following persons
responded:
(1) Dennis Gage, Managing Partner for Concorde Development,
submitted a written comparison of the applicant's latest
two plans and the alternative developed by staff. He
concurred with the staff recommendation to conceptually
approve the February 24 alternative and refer it back to
the Planning Commission for review and recommendation.
(2) Betty Roberts, 1229 Liano, San Clemente, recommended that
native plants with deep roots be planted after grading
to control erosion.
(3) Charles Schwab, 33741 Shannon Lane, Vice President of the
Connemara Homeowners Association, felt there had been
insufficient time for interested persons to review the
applicant's February 24 alternative and opposed the
Council approving this plan in concept out of order from
the normal planning process.
(4) Ken Combs, 27662 Dungarvin Lane, requested that the
former alternative submitted by the applicant be denied
and that the February 24 alternative be referred back to
staff and processed through the normal planning process.
(5) Mark Clancey, 31982 Via de Linda, representing Friends
of Historic San Juan Capistrano, concurred with the
comments made by Messrs. Schwab and Combs. In addition,
he requested that the Subsequent EIR not be certified
since it did not address potential environmental impacts
specific to the applicant's February 24 alternative.
(6) Ernie Barnett, 27672 Dungarvin Lane, noted that the
project borders on two sides of his property and
expressed concerns with potential view impacts and
erosion problems as a result of grading. He concurred
with the comments made by Messrs. Schwab and Combs.
(7) Stuart Glass, 27301 Paseo Peregrino, stated that the
processing of the project constituted government gridlock
at its best.
City Council Minutes -6- 3/2/93
255
(8) Jim Barnes, City Planner for the City of San Clemente,
noted two letters from the San Clemente City Council
dated December 3, 1992, and February 18, 1993, which
emphasized San Clemente's opposition to any alteration
of the ridgeline as viewed from San Clemente. He
supported the staff recommendation to conceptually
approve the February 24 alternative and refer it back to
the Planning Commission.
(9) Thomas Merrell, Principle of Civic Solutions, 31726
Rancho Viejo Road, Suite 223, representing the Forster
Ranch Master Association, spoke in support of
conceptually approving the February 24 alternative since
the original concerns of the association had been
addressed with regard to preservation of the ridgeline
as viewed from San Clemente.
(10) Dennis Nelson, Planning Director for Concorde
Development, felt that the February 24 alternative would
be more sensitive to Connemara residents since the impact
from development would not occur directly opposite
Connemara, as did the plan developed by staff. He noted
that should the Council approve the plan conceptually and
refer it back to the Planning Commission, the public
would still be able to continue to participate in the
planning process.
There was no further response, Mayor Jones closed the public
hearing with the right to reopen at any time.
In response to Council Member Hausdorfer, Mr. Tomlinson
recommended that certification of the Subsequent EIR be
withheld at this time because of the applicant's new
February 24 alternative.
Council Discussion:
Council Member Nash emphasized that the intent of the City
Council, if it were to conceptually approve the February 24
alternative and refer it to the Planning Commission, was not
to subvert the normal planning process in any way. She noted
that she had reviewed the applicant's original proposal when
she was a Planning Commissioner and felt that the February 24
alternative was the type of plan the City had desired for the
site. She noted that she was assured by staff that this
alternative was financially feasible.
In response to Mayor Jones, Mr. Denhalter advised that denial
of the General Plan Amendment application was required to
ensure denial of the former 87 -lot plan.
City Council Minutes -7- 3/2/93
Resolution Denying General Plan Amendment 91-03:
It was moved by Council Member Nash, seconded by Council
Member Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 93-3-2-1. DENYING GENERAL PLAN
AMENDMENT 91-03 (CONCORDE DEVELOPMENT! - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING GENERAL PLAN
AMENDMENT 91-03, A PROPOSAL TO RELOCATE
APPROXIMATELY 1,200 FEET OF A GENERAL PLAN MAJOR
RIDGELINE WITHIN A PARCEL LOCATED AT THE NORTHERLY
TERMINUS OF CAMINO LAS RAMBLAS (CONCORDE)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Mayor Jones requested assurance that any grading would remain
within the envelope and urged staff to review the latest
alternative very closely. Council Member Vasquez cited
concerns with using the wording "approved in concept," since
it could be interpreted as meaning more than it is. He also
suggested that a visual analysis be performed on the new plan.
Council Member Hausdorfer felt it was important to approve the
plan in concept so that the Planning Commission would
understand what they were to evaluate. He cited his strong
belief that the February 24 alternative was far superior to
any plan reviewed to date; that he wished his opinion
reflected to the Planning Commission that he supported that
concept unless staff and the Planning Commission developed a
better plan; and, that Council wished the development envelope
to reflect the kinds of development shown on Alternate 2. He
emphasized that the applicant has entitlement to develop the
property. Council Member Campbell concurred. Mayor Jones
expressed concern that problems with the site's topography not
be the result of improper planning of the project and
requested that staff consider the ramifications to the City
and its infrastructure with regard to the potential impacts
of the project.
It was then moved by Council Member Nash, seconded by Council
Member Hausdorfer, and unanimously carried that the public
hearing be continued to the meeting of April 6, 1993. The
February 24 alternative, which the Council felt was the
City Council Minutes -8- 3/2/93
257
preferred and superior alternative, was referred to the
Planning Commission for review and to provide recommendations
to the Council in time for consideration at the April 6 City
Council meeting. The Planning Commission shall consider the
following in its review of the February 24 alternative:
(1) The alternative which preserves the ridgeline and
encompasses the two knolls and canyon areas along Camino
Las Ramblas.
(2) A Ridgeline Exception and conditions to require Planning
Commission and City Council review and approval of
precise grading.
(3) A condition to require sufficient bonding to ensure
project completion in all respects, funding of continuous
monitoring by a City -employed special grading inspector,
and review of final soils and geology reports by an
independent consultant retained by the City prior to
approval of a final map.
2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - PROPERTY LOCATED AT 33949 DOHENY PARK ROAD, #6
(COMMUNITY REDEVELOPMENT AGENCY/PRICE COMPANY/WESELOH
INVESTMENTS) (400.10) (CONTINUED FROM FEBRUARY 16, 1993)
This item was continued from the meeting of February 16, 1993.
Written Communications:
Report dated March 2, 1993, from the City Manager,
recommending that the City Council take no further action on
this item until issues with signage have been resolved with
the applicant.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and there being no response, closed
the hearing.
Council Member Hausdorfer urged the applicant and staff to
resolve the issues with signage and requested that staff
respond to the letter dated March 1, 1993, from C. B. Weseloh
of Weseloh Chevrolet Co., explaining the importance of a
proposed freeway -oriented sign and urging its approval; and,
the letter dated March 1, 1993, from Dale McAtee of Weseloh
Honda, requesting support for signage at the rear of the
building, which was deleted by the Design Review Commission
on February 3, 1993. He felt this was an important issue for
the applicant since the business would be situated in a
location that is difficult for freeway drivers to see.
City Council Minutes -9- 3/2/93
258
Motion that Item be Rescheduled Upon Resolution of Sian Issue:
It was moved by Council Member Campbell, seconded by Council
Member Hausdorfer, and unanimously carried that no further
action be taken on this item until issues with signage have
been resolved.
RECESS AND RECONVENE
Council recessed at 8:45 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:47 p.m.
CITY MANAGER
1. APPROVAL OF SIXTH AMENDMENT TO LAW ENFORCEMENT SERVICES
AGREEMENT (COUNTY OF ORANGE) (600.50)
Written Communication:
Report dated March 2, 1993, from the Senior Management
Assistant, recommending approval of a Sixth Amendment to the
Law Enforcement Services Agreement with the Sheriff's
Department to provide a mechanism for allowing the Sheriff's
Department to provide services for non -routine special events
which are above and beyond the scope of the basic agreement.
Approval of Amendment:
It was moved by Council Member Campbell, seconded by Council
Member Vasquez, and unanimously carried that the Sixth
Amendment to Agreement between the City of San Juan Capistrano
and the County of Orange be approved for non -routine special
activities or events beyond those provided in the basic
agreement.
2. RENEWAL OF AGREEMENT FOR SOUTH COUNTY GANG SUPPRESSION
SERVICES (COUNTY PROBATION DEPARTMENT) (600.50)
Written Communication:
Report dated March 2, 1993, from the City Manager,
recommending approval of a new agreement for gang suppression
services by the County Probation Department and the Sheriff's
Department in South County cities. The new term would run
from March 1, 1993, through June 30, 1994, and the City's
share of the program for this period is estimated to be
$24,196.
Approval of Agreement:
It was moved by Council Member Campbell, seconded by Council
Member Vasquez, and unanimously carried that the Agreement for
Provision of Gang Prevention and Suppression Services between
the County of Orange and the Cities of Dana Point, Laguna
Hills, Laguna Niguel, and San Juan Capistrano be approved in
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Z -'-45V-9
the total amount of $96,783, for the term beginning March 1,
1993, and ending June 30, 1994.
3. RESOLUTIONS UNILATERALLY IMPLEMENTING TERMS AND
CONDITIONS OF EMPLOYMENT FOR CLASSIFIED EMPLOYEES AND
AMENDING PERSONNEL RULES AND REGULATIONS (FISCAL YEAR
1992-931 (730.30)
Written Communication:
Report dated March 2, 1993, from the City Manager,
recommending that the terms and conditions of employment for
Classified Employees for fiscal year 1992-93 be unilaterally
implemented since the City and the Association have not
reached agreement about salary issues and are at impasse. The
report advised the Association had requested implementation
of the items where tentative agreement had been reached. The
basic benefits such as salaries, health insurance, and
retirement costs will be held at the level approved in fiscal
year 1991-92.
Resolution Unilaterally Implementing Terms and Conditions of
Employment•
It was moved by Council Member Hausdorfer, seconded by Council
Member Vasquez, that the following Resolution be adopted:
RESOLUTION NO. 93-3-2-2. UNILATERALLY IMPLEMENTING
TERMS AND CONDITIONS OF EMPLOYMENT FOR CLASSIFIED
EMPLOYEES (1992-93 FISCAL YEAR) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, UNILATERALLY IMPLEMENTING TERMS AND
CONDITIONS OF EMPLOYMENT FOR CLASSIFIED EMPLOYEES
(1992-93 FISCAL YEAR)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Resolution Amending the Personnel Rules and Regulations:
It was moved by Council Member Hausdorfer, seconded by Council
Member Vasquez, that the following Resolution be adopted:
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260
RESOLUTION NO. 93-3-2-3. AMENDING THE PERSONNEL
RULES AND REGULATIONS PERTAINING TO UNILATERAL
IMPLEMENTATION OF TERMS AND CONDITIONS OF EMPLOYMENT
(FISCAL YEAR 1992-93/CLASSIFIED EMPLOYEES) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO.
92-3-17-2 PROVIDING FOR REVISIONS TO THE PERSONNEL
RULES AND REGULATIONS PERTAINING TO UNILATERAL
IMPLEMENTATION OF TERMS AND CONDITIONS OF EMPLOYMENT
(FISCAL YEAR 1992-93/CLASSIFIED EMPLOYEES)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
4. MULTI -MODAL SINGLE PARKING DECK - CAPISTRANO DEPOT
PARKING LOT (940.55)
Mayor Jones left the podium due to a potential conflict of
interest, and Mayor pro tem Campbell presided.
Written Communications:
(1) Report dated March 2, 1993, from Douglas Dumhart,
Management Assistant, recommending conceptual approval
of a 71 -space, single -level parking deck above the
existing Capistrano Depot parking lot. The Report noted
that the access ramp for the parking deck would improve
traffic circulation in the area, relieve mounting
congestion on Verdugo Street, and increase the number of
available off-street parking spaces in the downtown area.
Funding has been secured for this project through the
State's Transportation Capital Improvement Program.
(2) Letter dated March 2, 1993, from Paul L. Farber of
Franciscan Plaza, in support of the parking deck and
recommending that paid parking be considered for the
downtown area.
Douglas Dumhart, Management Assistant, made an oral
presentation. A view analysis was on display, and a slide -
presentation was given showing enlargements of the view
analysis.
Conceptual Approval of a Single -Level Parking Deck:
It was moved by Council Member Hausdorfer, seconded by Council
Member Nash, that the concept of a single -level parking deck
above the existing Capistrano Depot parking be approved.
City Council Minutes -12- 3/2/93
261
Staff was authorized to process an Architectural Control
application for this project. The motion carried with Mayor
Jones absent.
It was a consensus of the Council that the following
suggestions be considered by staff, the Design Review
Commission, and the Planning Commission in their review of the
parking deck:
(1) The architecture of the parking deck should be similar
to the Depot rather than the Franciscan Plaza to be more
compatible with the historic nature of the area.
(2) The Design Review Commission and the Planning Commission,
in reviewing the proposed lighting, should consider
lowering the lighting proposed for the top of the
structure, even if additional fixtures are required. In
addition, interior lighting should not be visible from
the outside. It was noted that concerns of the Sheriff's
Department need to be kept in mind and that lighting
needs to be improved in the Depot area; however, lighting
should remain sensitive to the surrounding area.
(3) More landscaping should be considered along the sides of
the structure.
(3) The view analysis should include a view of the structure
as seen from the Depot, such as the bar area.
(4) To provide better views, consideration should be given
to eliminating the elevator by relocating the handicap
parking.
(5) Consideration should be given to adding an attractive
amenity such as a drinking fountain or table at the edge
of the deck.
(6) Consideration should be given to adding an architectural
detail such as a planter, lattice, etc. to screen of view
of parked vehicles from Camino Capistrano.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. CONSIDERATION OF INSURANCE WAIVER FOR PRODUCT LIABILITY
(SAN JUAN MARKET PLACE) (150.60)
Mayor Jones remained absent from the podium due to a conflict of
interest.
Written Communication:
Report dated March 2, 1993, from the Interim Director of
Administrative Services, recommending that product liability
City Council Minutes -13- 3/2/93
insurance be required for all vendors participating in the
monthly San Juan Market Place events to protect the City
should any Market Place visitor be injured by a vendor's
product. Coordinators of the Market Place requested that
product liability insurance be waived for the non-food vendors
in an effort to reduce vendor and organizer costs.
Ms. Pendleton made an oral presentation. In response to an
inquiry by Council Member Campbell, Mr. Denhalter advised that
the City's insurance is a joint powers program and only covers
official activities of the City, such as fairs; that the City
frequently requires a special policy to cover every activity
that occurs at City -sponsored events. Since the San Juan
Market Place is a private activity held on public streets with
the permission of the City, the City's insurance would
probably not cover product liability type claims. Ms.
Pendleton noted that the Market Place had purchased insurance
under the City's insurance program; however it was not geared
for an event of the magnitude of the Market Place and the
Market Place could acquire better coverage at a lower cost
through an outside agency.
Approval to Require All Market Place Vendors Maintain
Product Liability Insurance:
It was moved by Council Member Hausdorfer, seconded by Council
Member Nash, that all San Juan Market Place vendors be
required to maintain product liability insurance, either
through a private insurance policy or under the Market Place
policy. The motion carried with Mayor Jones absent.
Mayor Jones returned to the podium and resumed his duties.
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT - SPHERES OF INFLUENCE DEVELOPMENT STANDARDS
WORKING GROUP (620.70)
Written Communication:
Report dated March 2, 1993, from the Planning Director,
providing a progress report regarding the City's efforts to
pass legislation, in cooperation with the Orange County
Division of the League of California Cities, requiring the
County to apply development standards of adjacent
municipalities when processing urban land use approvals in
areas adjacent to those municipalities. Staff recommended
that the League be requested to reconsider the Council's
original Resolution adopted in July 1992 and that staff be
authorized to negotiate directly with property owners to
develop Memorandums of Understanding concerning future
development standards. Because of the staff time involved for
negotiation, staff recommended that funding for this be
considered during the 1993-94 budget work sessions.
City Council Minutes -14- 3/2/93
263
Dick Bobertz, Planning Manager, made an oral presentation.
Mr. Tomlinson noted that the Rancho Mission Viejo property is
not legally located with the City's sphere of influence.
Council Comments:
Council Member Hausdorfer felt that it was in the City's best
interest to have the Rancho Mission Viejo property within the
City's sphere of influence; that it would be more productive
to negotiate with The Ranch as friends and neighbors. He
stated that attempts to get legislation passed would be
unsuccessful and pursuing this was a waste of staff time.
Council Member Campbell and Mayor Jones concurred. Council
Member Vasquez felt that the legislation would be helpful so
that the City could have some input on the remaining
development of the Schuller property, particularly since it
was a gateway to the City. Council Member Hausdorfer stated
that the City had never been left out of the planning process
for the Schuller property since the City has provided input
over the years. Mr. Tomlinson advised that the City's
position in these matters has always been advisory and that
it has been difficult to get sphere -of -influence projects to
conform to City standards. In response to Council, Mr.
Denhalter cited his past experience that LAFCO seldom over-
rules the wishes of the property owner. Council Member Nash
felt that the legislation would eliminate arguments and allow
the City's standards to prevail.
Direction to Staff:
It was moved by Council Member Hausdorfer, seconded by Council
Member Campbell, that staff discontinue consideration of this
item. The motion was carried by the following roll call vote:
AYES: Council Members Campbell, Hausdorfer,
and Mayor Jones
NOES: Council Members Nash and Vasquez
ABSENT: None
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. AWARD OF CONTRACT AND APPROVAL OF BUDGET AMENDMENT -
PREVENTATIVE STREET MAINTENANCE 1992-93, DEL OBISPO
STREET FROM CAMINO DEL AVION TO PASEO DE LA PAZ (ALL
AMERICAN ASPHALT) (600.30)
Written Communication:
Report dated March 2, 1993, from the Director of Engineering
and Building, recommending that the contract for the asphalt
concrete overlay of Del Obispo Street from Camino Del Avion
City Council Minutes -15- 3/2/93
to Paseo de la Paz be awarded to the lowest responsible
bidder, All American Asphalt, in the amount of $86,145.10.
Award of Contract:
It was moved by Council Member Hausdorfer, seconded by Council
Member Vasquez, that the contract for Preventative Street
Maintenance 1992-93, consisting of the asphalt concrete
overlay of Del Obispo Street from Camino Del Avion to Paseo
de la Paz, be awarded to the lowest responsible bidder, All
American Asphalt, in the amount of $86,145.10. The bid
irregularity was waived, and all other bids were rejected.
The Mayor and City Clerk were authorized to execute the
contract on behalf of the City. The transfer of funds in the
amount of $30,000 was authorized from the Gas Tax Fund Reserve
to Account No. 12-63500-4710-119 to cover the shortfall. The
motion carried with Council Member Nash abstaining due to the
proximity of her residence to the project.
DIRECTOR OF PUBLIC LANDS AND FACILITIES
1. APPROVAL OF FUNDING - DRINKING FOUNTAIN INSTALLATION
(SERRA HIGH SCHOOL BASKETBALL COURTS) (515.10)
Written Communicat`on:
Report dated March z, 1993, from the Director of Public Lands
and Facilities, recommending that $3,000 be appropriated from
City reserve funds for the installation of a drinking fountain
at the basketball courts located at the Old High School on
Camino Capistrano.
Approval of Drinking Fountain and Authorization of Funding:
It was moved by Council Member Nash, seconded by Council
Member Hausdorfer, and unanimously carried that the
installation of a drinking fountain at the basketball courts
at the Old High School on Camino Capistrano be approved. The
transfer of funds in the amount of $3,000 was authorized from
City reserve funds to Public Lands and Facilities Account No.
01-62419-4431.
COUNCILMANIC ITEMS
RESOLUTION RATIFYING APPOINTMENT OF CITY MANAGER AND
SETTING COMPENSATION (GEORGE SCARBOROUGH) (600.30)
Written Communication:
Report dated March 2, 1993, from the City Clerk, forwarding
a Resolution confirming the appointment of George Scarborough
as City Manager, effective February 16, 1993.
Council Member Vasquez stated that although he was supportive
of Mr. Scarborough's appointment, he felt that all Resolutions
regarding salary compensation should specify direct financial
City Council Minutes -16- 3/2/93
26;
costs to the City; he also felt that auto expenses should be
reimbursed on a per -mile basis rather than paying a monthly
allowance.
It was moved by Council Member Hausdorfer, seconded by Council
Member Campbell, that the following Resolution be adopted:
RESOLUTION NO. 93-3-2-4. CONFIRMING APPOINTMENT OF
CITY MANAGER AND ESTABLISHING COMPENSATION AND
AUTOMOBILE ALLOWANCE (GEORGE SCARBOROUGH) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE APPOINT-
MENT OF GEORGE SCARBOROUGH AS CITY MANAGER AND
ESTABLISHING THE COMPENSATION AND AN AUTOMOBILE
ALLOWANCE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
APPOINTMENT OF COUNCIL MEMBER TO SERRA BOARD (1040.60)
Written Communication:
Report dated March 2, 1993, from the Director of Engineering
and Building, noting that the City's current members on the
Board are Larry Buchheim, Representative, and Council Member
Vasquez, Alternate.
Council Member Vasquez felt that it was important to have a
City Council Member as a Director on the Board in order to
keep the Council fully apprised of SERRA activities each
month. Council Member Nash requested that Mr. Buchheim
provide a written report on the topics discussed at the Board
meetings.
Appointment of Members to SERRA Board:
It was moved by Council Member Hausdorfer, seconded by Council
Member Nash, and unanimously carried that Council Member
Vasquez be appointed as a Director and Larry Buchheim as the
Alternate to represent the City on the SERRA Board, effective
July 1, 1993. Staff was directed to ensure that both the
Director and Alternate receive all agendas and materials
regarding the Board to make a smooth transition. Staff was
also directed to prepare a letter to Mr. Buchheim expressing
City Council Minutes -17- 3/2/93
266
appreciation for his service on the Board on behalf of the
City.
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaquin Hills Transportation Corridor (800.50)
Council Member Campbell noted that the bonds for this
corridor would go on sale March 3, 1993.
b. League of California Cities (140.20)
Council Member Hausdorfer noted that the next meeting is
scheduled for March 11.
COUNCIL COMMENTS
GRAFFITI/TAGGERS (530.60
Council Member Hausdorfer inquired whether the City had a
separate ordinance prohibiting graffiti. Mr. Denhalter
advised that Section 5-13.02 of the Municipal Code prohibited
the printing of graffiti, but there was no separate ordinance.
He noted that the City of Fullerton had a separate ordinance
which contained stricter enforcement provisions and that he
was in the process of reviewing other cities' similar
ordinances with the City Manager to see which provisions would
be applicable for San Juan Capistrano. Council Member
Hausdorfer recommended that staff and the Council view a Gang
Suppression Task Force special video regarding graffiti and
tagging. Mayor Jones expressed appreciation for the quick
abatement of graffiti in the City and noted the need to
strengthen existing laws.
CAPISTRANO VILLAS HOMEOWNERS ASSOCIATION (130.70)
Council Member Hausdorfer noted letters received from Gillian
Cannon and Cheryl Larrson expressing appreciation to the City
Manager and Jennifer Murray for the recent Capistrano Villas
Homeowners Association meeting regarding problems at the
Capistrano Villas.
3. APPROVAL OF "NO SKATEBOARD AREA" - SPAULDING BUSINESS COMPLEX
(590.10)
Council Member Campbell advised that she is a member of the
Board of Directors of an Ohio company which has a business in
the Spaulding Business Complex and she should have abstained
from voting on the February 16, 1993, request from Mr.
Spaulding for establishment of a "No skateboarding" area at
Spaulding Business Complex.
City Council Minutes -18- 3/2/93
4.
5.
Gil
7.
8.
2.67
COUNCIL PRIORITY -SETTING SESSION (610.70)
Council Member Campbell recommended that the Council hold a
brainstorming session prior to the workshop to be held with
the Council, staff, and commission/board members to establish
goals and priorities. To avoid violating the Brown Act, Mr.
Denhalter advised that the session would have to be noticed
as a public meeting. It was a consensus of the Council that
the date for the session be set following the Regular
Adjourned Meeting on March 4, 1993.
VALLE ROAD/CAPISTRANO TERRACE MOBILE HOME PARK (430.70)
Council Member Campbell noted the trash and orange sand bags
at the area just off the freeway at Valle Road and the large
amount of dirt stockpiled at the entrance to the Capistrano
Terrace Mobile Home Park. She was advised that the dirt had
been delivered for restoration work at the park, which had
not been accomplished because of the heavy rains. Mr.
Scarborough indicated that a letter would be sent to the
mobile home park regarding the City's expectation that the
restoration work would commence in the near future.
SLOPE SLIPPAGE (410.80)
Council Member Vasquez suggested that the slope slippage at
Dana Mesa and Calle Lucana could be repaired as a Community
Redevelopment Agency project.
WARRANT LIST/LEGAL BILLS (300.30)
Council Member Vasquez recommended that a policy be
established to require outside legal firms to bill the City
on a monthly basis.
HISTORIC TOWN CENTER WORKSHOPS (400.20)
Council Member Vasquez suggested that at least one Council
member attend each of the Historic Town Center workshops to
welcome participants, and he volunteered to assume that
responsibility at one of the workshops.
9. CUP 84-04�_FORSTER RV STORAGE (460.70
Council Member Nash noted the comments by Larry Culbertson
during Oral Communications regarding a proposed RV storage
facility at Del Avion and Del Obispo Street and requested that
background information be provided to the Council. Mr.
Tomlinson indicated that staff would respond to Mr. Culbertson
in writing.
City Council Minutes -19- 3/2/93
LAMLWU6�'
10. RECYCLING CONTAINERS (810.60)
Council Member Nash requested that staff provide a memo to
Council slots summarizing problems identified following
initiation of the recycling program. Mr. Scarborough stated
that staff would respond and intended to provide the Council
with a status report on this item within 45-60 days from the
implementation of the program, including recommendations for
exceptions and modifications to the program.
11. SAN JUAN MARKET PLACE (150.60)
Mayor Jones noted the next San Juan Market Place event
scheduled for Thursday, March 4, 1993.
CLOSED SESSION
Council recessed to a Closed Session at 10:05 p.m. for discussion
of litigation per Government Code Section 54956.9(a) (Committee to
Restore Integrity v. City, City of San Diego v. U.S. Gypsum, and
Hyland v. Wonder), exposure to litigation per Government Code
Section 54956.9(b), and personnel matters per Government Code
Section 54957, the City Clerk being excused therefrom, and
reconvened at 11:30 p.m.
There being no further business before the Council, the meeting was
adjourned at 11:30 p.m. to Thursday, March 4, 1993, at 4:00 p.m.
in the City Council Chamber to convene a Closed Session to discuss
personnel matters.
ATTEST
I
op
City Council Minutes
Respectfully submitted,
i
CHERYL JOHNSON,6,CITY CLERK
O%Im
3/2/93