93-0420_CC_Minutes_Regular MeetingE. 1
APRIL 20, 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 Jim Tracy of the Capistrano Church of the Nazarene.
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
INTRODUCTION OF LEGAL ASSISTANT (700.10)
The City Attorney introduced Suzanne Ramsey, the new Legal Assistant, who began employment with
the City on April 12, 1993.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYI
1. SAN JUAN MARKET PLACE (1
Tricia Elflein, 31831 Via Puntero, announced the closure of the San Juan Market Place event. She
stated that although the goals of the Market Place --to create a positive image of the downtown area and
enhance and instill pride in the community --were attained, certain events forced the closure of the event.
She advised that certain individuals had threatened to close the Market Place down through use of
political pressure if the organizers did not meet their demands. She felt that problems and concerns
faced by the Market Place should be resolved by the event organizers without involvement by the City.
She noted that financial burdens continued to grow for the event, particularly the cost of insurance, and
the event organizers had worked without pay to make the event successful for everyone. She thanked
City staff, particularly At King, Jr. and Ronald Sievers, for thew support and assistance and submitted
a check to the City in the amount of $2,071.14 representing the balance currently owed to the City by
the Market Place. Council Member Hausdorfer stated he was saddened at the outcome of the hard
work, time and investment of Tricia Elflein and Mike Darnold, and expressed appreciation for their
initiative on behalf of the community. He noted the event's positive benefits to the community and
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304 10
expressed the hope that the Market Place may commence again in the future. Council Member
Campbell concurred.
2. SPECIAL ELECTION - APRIL 13. 1993 (630.20)
Al Simmons, 32302 Alipaz Street, expressed appreciation to City staff, the City Council, and residents
for their efforts in the passage of Measure A (Mobile Home Park Vacancy Control) on April 13, 1993.
He particularly thanked Council Members Nash and Vasquez for writing the argument in favor of the
measure and the rebuttal argument.
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: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF
MARCH 31. 1993 (350.30)
The City Treasurer's Report of Investments as of March 31, 1993, in the total amount of $17,250,789.05
was received and filed.
2. APPROVAL OF PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE
BIDS - TRAFFIC SIGNAL IMPROVEMENTS AT CAMINO CAPISTRANO/JUNIPERO
SERRA ROAD (600.30)
As set forth in the Report dated April 20, 1993, from the Director of Engineering and Building, the
plans and specifications were approved for the construction of the traffic signal at Camino
Capistrano/Junipero Serra Road. Staff was authorized to call for bids.
3. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS -
SANITARY SEWER LINE MAINTENANCE (600.30)
As set forth in the Report dated April 20, 1993, from the Director of Public Lands and Facilities, the
specifications were approved for the City Sanitary Sewer Line Maintenance. Staff was authorized to call
for bids on both a per -foot basis and an hourly basis for both routine and emergency work. The bids
will be analyzed to determine if an annual contract would be more economical than the current per -job
method of bidding.
The following items on the Consent Calendar were considered separately, as requested by Mayor Jones:
APPROVAL OF PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS -
TRAFFIC SIGNAL INTERCONNECT IMPROVEMENTS TO DEL OBISPO STREET
FROM ALIPAZ STREET TO PASEO MERCADO DE CAPISTRANO (600.30)
Mayor Jones advised that although he lived within 2,500 feet of this project, he would vote in this matter
because he felt the project would not have a significant impact on the value of his property and would,
therefore, not be a conflict of interest.
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305
As set forth in the Report dated April 20, 1993, from the Director of Engineering and Building, it was
moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously
carried that the plans and specifications be approved for the construction of traffic signal interconnect
improvements to Del Obispo Street from Alipaz Street to Paseo Mercado de Capistrano. Staff was
authorized to call for bids.
INITIATION OF A GENERAL PLAN AMENDMENT TO EVALUATE ALTERNATIVE SITES
FOR THE POTENTIAL RELOCATION OF SOLAG WASTE DISPOSAL COMPANY.
GENERAL PLAN AMENDMENT 93-01 (SOLAG RELOCATION) (440.25)
Mayor Jones stated that he would abstain in this matter because of the proximity of the project to his
residence/business.
As set forth in the Report dated April 20, 1993, from the Planning Director, it was moved by Council
Member Campbell, seconded by Council Member Vasquez, that the following Resolution be adopted
initiating a General Plan Amendment to evaluate alternative sites for the potential relocation of Solag
Waste Disposal Company from its present site in the Los Rios Historic District, including specific
recommendations for potential amendments to the Land Use Element of the General Plan:
RESOLUTION NO. 93-4-20-1. INITIATION OF GENERAL PLAN AMENDMENT
93-1- SOLAG DISPOSAL COMPANY RELOCATION -A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING CONSIDERATION OF GENERAL PLAN AMENDMENT 93-1, FOR
IDENTIFICATION OF ALTERNATIVE SITES FOR THE RELOCATION OF
SOLAG DISPOSAL COMPANY FROM ITS PRESENT LOCATION ON LOS RIOS
STREET
The motion was carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, and Vasquez
NOES: None
ABSTAIN: Mayor Jones
ABSENT: None
DENIAL OF CLAIM (CARLOS F. NEGRETE) (170.10)
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried to find that this item was not available prior to posting of the Council agenda and
consideration was necessary at this time.
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that the claim received by the City/Community Redevelopment Agency on
March 8, 1993, from Carlos F. Negrete in the amount of $10 million, be denied, as set forth in the
Report dated April 20, 1993, from the City Attorney.
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306
PUBLIC HEARINGS
1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE ADDING CHAPTER 10
ENTITLED "HISTORIC PRESERVATION" (CONTINUED FROM MARCH 16. 19933)
(420,30)
Proposal:
Consideration of an amendment to Title 9 of the Municipal Code to add Historic Preservation
regulations. The public hearing was continued from the meeting of March 16, 1993, to allow staff
additional time to prepare this item.
A li n :
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated April 20, 1993, from the Planning Director, recommending that the public hearing be
opened, closed, and re -advertised once a response has been received from the State Office of Historic
Preservation, which is reviewing the City's draft Ordinance.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, closed the hearing.
Authorization to Re -advertise Public Hearine:
It was moved by Council Member Nash, seconded by Council Member Vasquez, and unanimously
carried that the public hearing be re -advertised upon completion of review and receipt of comments
from the State Office of Historic Preservation regarding the City's draft Ordinance.
2. REQUEST TO REZONE A.6 -ACRE SITE LOCATED AT THE NORTHWEST CORNER
OF THE INTERSECTION OF JUNIPERO SERRA AND RANCHO VIEJO ROAD
(CALTRANS PARK AND RIDE) (460.20)
Proposal:
Consideration of a request by the California Department of Transportation (Caltrans) to rezone the .6 -
acre site located at the northwest corner of Junipero Serra Road and Rancho Viejo Road from Growth
Management (GM) to Public Institutional (IP) to allow the development of a 48 -space park-and-ride
lot.
Applicant/Prooerty Owner:
California Department of Transportation
15500 Rockfield Avenue, Suite B
Irvine, CA 92718
Written Communication:
Report dated April 20, 1993, from the Planning Department, recommending that the proposed
Ordinance to rezone this site be introduced for adoption at the May 4, 1993, City Council meeting.
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.
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307
Introduction of Ordinance Approving Rezone 93-2:
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 Hausdorfer, that the following Ordinance be introduced:
APPROVING REZONE 93-02 (CALTRANS) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 93-02,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY, FOR A 0.60 -ACRE
PARCEL AT THE NORTHWEST CORNER OF JUNIPERO SERRA AND
RANCHO VIEJO ROADS FROM GROWTH MANAGEMENT (GM) TO PUBLIC
INSTITUTIONAL (IP)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:06 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:07 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVISED 1992-93 CAPITAL IMPROVEMENT BUDGET (330.20/330.401
Written Communication:
Report dated April 20, 1993, from the Director of Engineering and Building, forwarding a mid -year
review of the 1992-93 Capital Improvement Program and summarizing the revised revenues and project
changes to accommodate the reduction in revenues.
Approval of Revised 1992-93 Capital Improvement Budget:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the Proposed 1992-93 Mid -Year Capital Improvement Program be approved.
2. RESOLUTION ENDORSING THE FORMATION OF THE ORANGE COUNTY FIRE
PROTECTION DISTRICT (540,
Written Communication:
Report dated April 20, 1993, from the City Manager, recommending that the proposed Resolution be
adopted initiating proceedings to form an Orange County Fire Protection District effective January 1,
1994. The District would replace the current Orange County Fire Department and would allow contract
cities to have more impact on financing and service level decisions within their communities. A Board
of Directors comprised of six City representatives and one County representative would replace the
County Board of Supervisors as the governing body for the District. The delivery of fire services would
continue to be provided by the same personnel, with the same equipment, and from the same fire
stations as currently used. The City's prorated cost for consultant services to pursue the formation of
the District through implementation was estimated to be $6,000.
City Council Minutes -5- 4/20/93
Mr. Scarborough made an oral presentation.
Council Member Vasquez inquired what the benefits would be to the City with the formation of the Fire
Protection District since existing fire services by the County were adequate. Mr. Scarborough explained
that the District would allow regional fire services to remain together and individual cities to have more
representation on the proposed board of directors. He noted that the County was also in favor of the
plan. Council Member Hausdorfer stated that because more cities are now incorporated, they wish to
have more of a voice regarding their services, and that the only change would be the formation of the
board of directors as the governing body instead of the Board of Supervisors.
Adoption of Resolution Endorsing the Formation of the Orange County Fire Protection District:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 93-4-20-2. ENDORSEMENT OF PROCEEDINGS TO FORM
THE ORANGE COUNTY FIRE PROTECTION DISTRICT - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ENDORSING PROCEEDINGS TO FORM THE ORANGE
COUNTY FIRE PROTECTION DISTRICT AND AGREEING TO PARTICIPATE
IN ACTIVITIES THAT SUPPORT DISTRICT FORMATION
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
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The Resolution endorsed a City/County agreement on the formation of the District and requested that
the Orange County Local Agency Formation Commission (LAFCO) initiate proceedings to form the
District pursuant to the California Government Code and the provisions of special State legislation.
3. REQUEST FOR FINANCIALASSISTANCE -SWALLOWS FOUNDATION (THE COMBS'
HOUSE) (910.50)
Mayor Jones left the Chamber due to a potential conflict of interest due to the proximity of his
residence/business to this project. Mayor pro tem Campbell presided.
Written Communication:
Report dated April 20, 1993, from the City Manager, recommending that the request by the Swallow's
Foundation for a one-year, interest-free loan of $35,000, to assist the Foundation in rehabilitating the
Combs' House, located at 26711 Verdugo Street in the Los Rios Historic District, for use as a visitor's
center, be denied. Instead, staff recommended that a $35,000 five-year loan with interest be considered,
with terms to protect the City in the event the City enters into an investment partnership with other
private investors at the request of the Foundation. In addition, the City would require that the appraised
value of the property be at least equal to the total of the fust and second Deeds of Trust.
Mr. Scarborough made an oral presentation.
Public Inyut:
Francie Kennedy-Perguson, 26652 Ramos Street, emphasized the importance of retaining the unique
character and primary residential use of the neighborhood in which the Combs House is located. She
requested that the residential use remain as a primary use, with the business use secondary, as required
City Council Minutes -6- 4/20/93
309
in the Los Rios Precise Plan. She expressed concern that allowing a business as a primary use in the
structure would set an unwanted precedent for the Los Rios District. Although she was not opposed
to having the visitor's center as a use at this location, she emphasized that the visitor's center should be
accommodated only as a secondary use to the primary residential use, with 50% open space as required
by the Los Rios Precise Plan. Issues of concern include definition of secondary dwelling unit and
caretaker's cottage, traffic, and use intensity. In addition, she recommended that staff ascertain which
development fees are to be paid by the applicant and which are to be waived.
Don Frey, 27672 Paseo Barona, Chairman of the Swallows Foundation, emphasized the need for a
hospitality/visitor's center in the City. He felt that the location of this house in the downtown area and
adjacent to the railroad depot was excellent for this use. He stated he was willing to work within the
guidelines of the Los Rios Precise Plan and City standards and that the use was not meant to be
commercial or to create traffic. The underlying goal was to provide a forum to benefit the City. He
noted that the purchase price of the residence is $215,000.
Council Member Nash commended the Swallows Foundation for preserving the residence with this use.
She felt that the City should assist in the purchase of the residence and that the applicant should comply
with provisions in the Los Rios Precise Plan. Council Member Hausdorfer emphasized that the
residential character of the neighborhood must be maintained and expressed concern with setting a
precedent with this use. To minimize any risks to the City, he recommended that the City be in sole
first possession in the title for protection in the event of foreclosure, and that the appraised value of the
property must be at least $215,000.
Denial of Reguest for One -Year. Interest -Free Loan and Authorization to Prepare Documents
for a Five -Year Loan:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the request by
the Swallow's Foundation for a one-year, interest-free loan of $35,000 to assist the Foundation in
rehabilitating the Combs' House be denied. Staff was authorized to prepare appropriate documents for
City Council approval of the $35,000 loan, subject to the '"Terms of City Participation" outlined in the
Report. Staff was also authorized to appropriate $35,000 from unallocated General Fund reserves for
this purpose. The motion carried, with Mayor Jones absent and Council Member Vasquez abstaining
because of a potential conflict of interest.
Mayor Jones returned to the Chamber and resumed his duties.
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated April 20, 1993, from the Planning Director, advising that two new Architectural Control
applications were received by the City since the last report of March 16, 1993.
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that the Report be received and filed.
2. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - ADMINISTRATION OF
YEAR 18 CONTRACT (FISCAL YEAR 1992-93)(600_50)
Written Communication:
Report dated April 20, 1993, from the Planning Director, recommending that the $75,000 in CDBG
funds allocated for fiscal year 1992-93 be used to provide grants for the rehabilitation of qualifying
mobile homes ($50,000) and the rehabilitation of private properties for low- and moderate -income
residents ($25,000).
City Council Minutes -7- 4/20/93
Approval of Year 18 CDBG Operating Agreements:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the Year 18 CDBG Operating Agreements in the amount of $75,000 in funding be approved
for the rehabilitation of mobile homes ($50,000) and the rehabilitation of private properties for low- and
moderate -income residents ($25,000). The Mayor was authorized to execute the Agreements on behalf
of the City.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. ASSIGNMENT OF IMPROVEMENT AGREEMENTS - TRACTS 12262 AND 12423. GLENFED
DEVELOPMENT CORPORATION AND CCL REALTY LTD. (600.30)
Written Communication:
Report dated April 20, 1993, from the Director of Engineering and Building, recommending that
Assignment Agreements be approved with Glenfed and CCL Realty to transfer the responsibilities for
completion of the remaining public and private improvement work required by the tracts' Improvement
Agreements from Glenfed to CCL Realty. Staff based its recommendation on the fact that the majority
of the private and public improvements had already been completed by Glenfed, with the remaining
work to be completed by the new builder prior to the issuance of Certificates of Occupancy.
Adoption of Resolution Approving Assignment of Improvement Agreement for Tract 12262:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTIONNO.93-4-20-3. ASSIGNMENT OFIMPRO VEMENTAGREEMENT
FROM GLENFED DEVELOPMENT CORPORATION TO CCL REALTY LTD.
(TRACT 12262) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF
IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS, DUTIES,
AND RIGHTS FROM GLENFED DEVELOPMENT CORPORATION, A
CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD.
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Adoption of Resolution AR roving Assignment of Improvement Agreement for Tract 12423:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTIONNO.93-4-20-4.ASSIGNMENT OF IMPRO VEMENTAGREEMENT
FROM GLENFED DEVELOPMENT CORPORATION TO CCL REALTY LTD.
(TRACT 12423) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF
IMPROVEMENT AGREEMENT TO TRANSFER ALL OBLIGATIONS, DUTIES,
AND RIGHTS FROM GLENFED DEVELOPMENT CORPORATION, A
CALIFORNIA CORPORATION, TO CCL REALTY (CALIFORNIA) LTD.
The motion carried by the following vote:
City Council Minutes -8- 4/20/93
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. STATUS REPORT ON PROPOSED RESIDENTIAL INSPECTION ORDINANCE,
AUTHORIZATION TO PROCEED WITH ALTERNATIVE PROGRAM (585.10)
Written Communications:
(1) Report dated April 20, 1993, from the Director of Engineering and Building, recommending
that the proposed Residential Rental Inspection Ordinance be modified to become a Property
Maintenance Ordinance, which would retain the health and safety elements of the Residential
Rental Inspection Ordinance but eliminate the annual inspection program. Staff also
recommended that representatives of homeowners associations be encouraged to augment and
expand their property management functions to aggressively and effectively enforce their
CC&R's and to provide more direct management and enforcement of occupancy and use
regulations within their communities.
(2) Letter dated April 20, 1993, from Karen Jackie of Paul Jackie & Associates, 18652 Florida
Street, Suite 360, Huntington Beach, in support of the staff recommendations and offering
suggestions regarding enforcement and consideration of alternatives.
(3) Letter dated April 16, 1993, from Blanche Chestek, 26438 Paseo Carmel, requesting the City's
assistance in resolving problems at the Capistrano Villas.
Mr. Huber made an oral presentation. He noted that the proposed Property Maintenance Ordinance
would be enforced on a complaint basis by the City's Code Enforcement Officer and would apply City-
wide to all residential property.
Council Comments:
Council Member Campbell expressed concern whether the proposed Ordinance would be strong enough
to address existing problems in certain areas of the City. Mr. Huber felt it would be a good start in that
direction with staff monitoring its effectiveness before recommending any stronger enforcement. In
addition, staff would continue to work with the homeowners associations through the Neighborhood
Preservation Program regarding how the associations could better approach the problems. Council
Member Campbell stated that many homeowners associations lack effective management. She advised
that she has been contacted by residents who are frustrated with problems occurring in their
development and who lack an understanding of the CC&R's and how to get problems resolved. Mr.
Scarborough noted that in many cases, a development's CC&R's are more strict and more enforceable
than City law, and that homeowners associations must be urged to exert their own authority to resolve
these problems. Individual complaints can be handled on a case-by-case basis by contacting the Code
Enforcement Officer, the City Manager's Office, or the Sheriffs Department. Mayor Jones
recommended that tenants be provided with a list of the names and phone numbers of their
homeowners association board members. Council Member Vasquez suggested that homeowners
association be requested to publish information about the City s program in their newsletter to
encourage more tenant participation.
Public Comments:
(1) Erica C. Pierce, representing the Apartment Association of Orange County, 12822 Garden
Grove Blvd., Suite D, Garden Grove, spoke in support of the staff recommendation. She noted
the Association's letter dated April 14, 1993, in opposition to the City previously proposed
Rental Inspection Ordinance. She stated that homeowners associations have more control over
City Council Minutes -9- 4/20/93
these types of issues than the City does and that homeowners associations should work on
enforcing their own CC&R's. She indicated the Apartment Association's willingness to work
with the City and homeowners associations in providing education regarding rights and
responsibilities in enforcing bylaws.
(2) Daniel Poppa, Jr., 26552 Calle Santa Barbara (Capistrano Villas No. 3), spoke in favor of the
staff recommendations.
(3) Joe Homs, P.O. Box 2761, Mission Viejo, stated that he owns several units in the Capistrano
Villas and spoke in favor of the staff recommendations.
Authorization to Prepare a Property Maintenance Ordinance and Director to Homeowners Associations:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that staff be directed to:
(a) Prepare a Property Maintenance Ordinance, incorporating the health and safety elements of
the proposed Residential Rental Inspection Ordinance, and to proceed with public hearings for
the adoption of the Ordinance; and
(b) Encourage homeowners associations, through the Neighborhood Preservation Program, to
expand their property management roles, provide a more direct and effective involvement in
the enforcement of their CC&R's, and use regulations within their communities.
3. PROCESS AND SCHEDULE FOR RANCHO VIEJO ROAD REALIGNMENT (820.20)
Mayor Jones advised that although he owns property that is located within 2,500 feet of this project, he
would vote in this matter because he felt the project would not have a significant impact on the value
of his property and would, therefore, not be a conflict of interest.
Written Communication:
Report dated April 20, 1993, from the Director of Engineering and Building, recommending that the
proposed process and schedule for the easterly realignment of Rancho Viejo Road from Village Road
to Via Escolar be approved in conjunction with the San Joaquin Hills Transportation Corridor.
Council Member Hausdorfer urged the press to publish the schedule for this project as much as possible
to keep residents informed.
Mr. Huber made an oral presentation. He noted that community meetings on this project must be
completed by June 15, 1993. Council Member Hausdorfer felt that the project should not be pushed
ahead at the expense of informing residents. Council Member Nash emphasized the importance of
deciding what this area will look like before any plans are approved.
ADnroval of Process and Schedule for the Rancho Vieio Road Realienment Proiect:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the proposed process and schedule for the easterly realignment of Rancho Viejo Road from
Village Road to Via Escolar be approved in conjunction with the San Joaquin Hills Transportation
Corridor.
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813
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Written Communication:
Report dated April 20, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of April 6, 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 Hausdorfer, seconded by Council
Member Nash, that the following Ordinance be adopted:
ORDINANCE NO. 728. APPROVING REZONE 91-02 (CONCORDE
DEVELOPMENT) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE 91-02 FROM GROWTH
MANAGEMENT (GM) TO SINGLE-FAMILY DISTRICT (RS) AND OPEN
SPACE PRESERVATION DISTRICT (OS) (CONCORDE DEVELOPMENT)
The motion carried by the following roll call vote:
AYES: Council Members Campbell; Hausdorfer, Nash, and Mayor Jones
NOES: Council Member Vasquez
ABSENT: None
1. RESOLUTION OPPOSING THE CLOSURE OF EL TORO MARINE CORPS AIR
STATION (585.10)
Written Communication:
Report dated April 20, 1993, from the Council Services Manager, forwarding a request by the County
Board of Supervisors for cities to oppose the proposed closure of the EI Toro Marine Corps Air Station
by the Federal government.
Council Member Hausdorfer stated that he asked for this item to be agendized. He noted that a group
opposing the closure of El Toro Marine Corps Air Station was formed and recommended that the
Mayor and City Manager attend the group's meetings to represent the City in this matter. He noted
the City had historically taken a position in opposition to an airport in South Orange County and the
City should register its opposition to the commercialization of the base in the event it is closed.
Council Member Vasquez stated he would not support any opposition to the closure because he felt the
government's proposed reduction in overhead was justified.
Adoption of Resolution Opposing the Closure of the EI Toro Marine Corps Air Station:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO. 93-4-20-5 - OPPOSING CLOSURE OF EL TORO MARINE
CORPS AIR STATION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING THE CLOSURE
OF THE EL TORO MARINE CORPS AIR STATION
City Council Minutes -11- 4/20/93
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Hausdorfer, Nash, and Mayor Jones
NOES: Council Member Vasquez
ABSENT: None
2. AUTHORIZATION TO ADVERTISE VACANCY - PLANNING COMMISSION (110.20)
Written Communication:
Report dated April 20, 1993, from the Council Services Manager, noting that the vacancy on the
Planning Commission had been declared at the March 16, 1993, meeting and forwarding a report
regarding revised Commission duties under separate cover, as requested by Council.
Approval to Hold Matter:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the matter be held over pending further discussion of commission and board responsibilities.
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaguin Hills Transportation Corridor (800.50)
Council Member Campbell noted the Agency's cooperativeness in working with the City.
b. League of California Cities (140.20)
Council Member Hausdorfer noted that Council Member Campbell had expressed an interest
in being appointed to serve on the Legal Judicial Systems Committee of the Orange County
Division of the League of California Cities. The application and Council endorsement were due
to the League by April 22, 1993.
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and
unanimously carried to find that this item was not available prior to posting of the Council
agenda and consideration was necessary at this time.
Annointment of Council Member Campbell to League's Legal Judicial Svstems Committee:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and
unanimously carried that the City endorse Collene Campbell's application for appointment to
the Orange County Division of the League of California Cities' Legal Judicial Systems
Committee.
C. Southeast Regional Reclamation Authority (SERRA) (1040.60)
Council Member Vasquez noted productive budget meetings and need for SERRA to enact
additional policies to define reimbursement of expenses.
[1641IR AI 196011y,1„1 V
1. PRIMA DESHECHA LANDFILL (810.50)
Mayor Jones noted that City representatives were scheduled to meet with Supervisor Riley on April 22,
1993, regarding the City's opposition to the County plan to import trash from Los Angeles and San
City Council Minutes -12- 4/20/93
815.
Diego Counties to the Prima Deshecha Landfill. Mayor Jones stated that the City's recycling program
could be jeopardized with the implementation of this plan. He urged residents to become aware and
informed regarding this matter that could result in 250 trucks per day impacting the City's surface streets
and Ortega Highway. He noted that the Solid Waste Management Commission voted to continue the
matter until August 1993. In the meantime, the County will send out Requests for Proposal to Los
Angeles and San Diego Counties; from that, a plan will be developed for review during workshops in
June 1993. He further cited the City's opposition to the County's proposal to close all County landfills
to public use except Prima Deshecha. Council Member Hausdorfer noted that since the State mandated
recycling for counties and cities without providing any funding, the City had to impose fees on the
residents to pay for the program. Because of State budget cutbacks, cities/counties are being forced
to import trash, which is in direct conflict with the State recycling mandate.
2. SPECIAL ELECTION - APRIL 13. 1993 (630.20)
Council Member Nash expressed appreciation to Al Simmons and Jack Heath for their efforts in getting
Measure A (Mobile Home Park Vacancy Control) passed on April 13, 1993. Mayor Jones thanked
Council Members Nash and Vasquez for writing the argument in favor of the measure and the rebuttal
argument.
CLOSED SESSION
Council recessed to a Closed Session at 9:00 p.m. for discussion of litigation matters per Government Code
Section 54956.9(a) (Npyretg v. Friess), decision regarding initiation of litigation per Government Code Section
54956.9(c), and instructions to City Manager regarding property at 26832 Ortega Highway (Darnold) per
Government Code Section 54956.8, the City Clerk being excused therefrom, and reconvened at 10:40 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:40 p.m. to the next meeting
date of Tuesday, May 4, 1993, at 2:30 p.m. in the City Council Chamber for a priority setting work session and
an update of the Historic Town Center project.
Respectfully submitted,
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ATTEST:
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City Council Minutes -13- 4/20/93