91-1001_CC_Minutes_Regular Meeting007q9
OCTOBER 1, 1991
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 Friess at 7:07
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Mayor Friess.
ROLL CALL: PRESENT: Kenneth E. Friess, Mayor
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Gil Jones, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Thomas P. Clark,
Jr., City Attorney; George Scarborough, Assistant City Manager;
Cheryl Johnson, City Clerk; David Bentz, Director of
Administrative Services; William M. Huber, Director of Engineering
and Building; Thomas Tomlinson, Director of Planning; Al King,
Jr., Director of Community Services; Nancy Bernardi, Recording
Secretary.
MINUTES
Regular Meeting of August 20, 1991:
It was moved by Councilman Buchheim, seconded by Councilman
Vasquez, that the Minutes of the Regular Meeting of August 20,
1991, be approved, with the following modification requested by
TMC:
Page 12, first paragraph, second sentence should read, "The
applicant indicated a willingness to decrease the density of
the Window Hill development as compared to the existing
zoning for the property, CDP 81-01."
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: None
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! 1:
Regular Meeting of September 17, 1991:
It was moved by Councilman Buchheim, seconded by Councilman
Vasquez, that the Minutes of the Regular Meeting of September 17,
1991, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that all Ordinances be read by
title only.
PRESENTATIONS AND COMMENDATIONS
PROCLAMATION DESIGNATING OCTOBER 6 THROUGH 12, 1991, AS "FIRE
PREVENTION WEEK" (610.40)
Written Communication:
Report dated October 1, 1991, from the City Clerk, forwarding
the Proclamation.
Approval and Presentation of Proclamation:
Mayor Friess read the Proclamation in full. Battalion Chief
Dan Runnestrand accepted the Proclamation on behalf of the
Orange County Fire Department and invited the public to
attend the open house on Saturday, October 12.
2. TEEN EXPOFEST FESTIVAL (150.60)
Mr. King encouraged public attendance at the first annual
Teen Expofest on Saturday, October 5, 1991, from 11:00 a.m.
to 6:00 p.m. at the Capistrano Valley Community Park, Laguna
Niguel. The event focuses on teen concerns and interests.
Maricella Moreno of the Community Services Department was
commended for her involvement.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
SAN JUAN SALOON NEGOTIATIONS (600.40)
Richard Stein, 27677 Paseo Alondra, spoke in favor of
locating the South Orange County Community Theater in San
Juan Capistrano.
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CONSENT CALENDAR
' •
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The Lists of Demands dated August 30, 1991, and September 19,
1991, in the total amounts of $19,261.54 and $5,187,413.25,
respectively, were received and filed.
2. RECEIVE AND FILE CASH BALANCES BY FUND FOR AUGUST 1991
(330.50)
The City Treasurer's Report of Cash Fund Balances for the
month of August 1991 in the total amount of $-796,762.53 was
received and filed.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated October 1, 1991, from the Senior Management
Assistant, regarding actions taken at the meeting of
September 24, 1991, was ordered received and filed.
4. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated October 1, 1991, from the Director of
Planning Services, regarding actions taken at the meeting of
September 18, 1991, was ordered received and filed.
REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS
(930.40)
The Report dated October 1, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of September 9, 1991, was ordered received and filed.
6. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated October 1, 1991, from the Director of
Planning Services, regarding actions taken at the meeting of
September 26, 1991, was ordered received and filed.
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REPORT OF PARKS AND RECREATION COMMISSION ACTIONS
(920.20)
The Report dated October 1, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of September 16, 1991, was ordered received and filed.
8. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated October 1, 1991, from the Director of
Planning Services, regarding actions taken at the meeting of
September 24, 1991, was ordered received and filed.
9. RESOLUTION QUITCLAIMING IRREVOCABLE OFFER FOR
EQUESTRIAN/ HIKING TRAIL PURPOSES WITHIN TRACT 9299
(VIA OUEBRADA/PASEO MINERO AND DEL OBISPO/AGUACATE
ROAD) (RANCHO SAN JUAN ESTATES) (670.50)
As set forth in the Report dated October 1, 1991, from the
Director of Engineering and Building, the following Resolu-
tion was adopted quitclaiming the Irrevocable Offer for
equestrian/ hiking trail purposes for Lots 2, 3, 4, 5, 7, 8,
9, 10, and 11 of Tract 9299:
RESOLUTION NO. 91-10-1-1, OUITCLAIM OF IRREVOCABLE
OFFER FOR HIKING/EQUESTRIAN TRAIL PURPOSES, LOTS
2. 3, 4, 5, 7, 8, 9. 10, AND 11, TRACT 9299 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, QUITCLAIMING IRREVO-
CABLE OFFER FOR HIKING/EQUESTRIAN TRAIL PURPOSES
WITHIN LOTS 2, 3, 4, 5, 7, 8, 9, 10, AND 11 OF
TRACT 9299
The Mayor and City Clerk were authorized to execute the deed,
and the City Clerk was directed to forward the document to
the Orange County Recorder.
10. DENIAL OF CLAIM - BODILY INJURY
(JEANNE POWELL-WRIGHT) (170.10)
The claim received by the City
Jeanne Powell -Wright for bodily
forth in the report dated October
City Manager.
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on September 3, 1991, from
injuries was denied, as set
1, 1991, from the Assistant
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PUBLIC HEARINGS
1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - PROPOSED AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT AND PROMISSORY NOTE
(PRICE CLUB) (400.2)
This hearing was conducted jointly with the Community
Redevelopment Agency.
Proposal•
Hearing held pursuant to Health and Safety Code Section
33000, et seq., to consider a request from the Price Company
to accommodate construction of a Price Club in Irvine in an
area within a 10 -mile radius of the City limits. The
proposed amendment to the existing Disposition and
Development Agreement between the Price Company and the
Agency would: a) provide the Agency with an additional
$50,000 in sales tax in the event that a Price Club opens in
the City of Irvine, which is within 10 miles of the
incorporated boundaries of San Juan Capistrano; and, b) waive
the right of the Agency to discharge the Promissory Note.
Written Communication:
Report dated October 1, 1991, from the City Manager,
forwarding the proposed agreement for the Price Company to
construct another Price Club within 10 miles of the City
boundaries at the Irvine site only.
Mr. Julian made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and there being no response,
closed the hearing.
Approval of Amendment to Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted:
RESOLUTION NO. 91-10-1-2. AMENDING PRICE COMPANY
DISPOSITION AND DEVELOPMENT AGREEMENT - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, APPROVING AN AMENDMENT TO THE DISPO-
SITION AND DEVELOPMENT AGREEMENT AND PROMISSORY
NOTE WITH THE PRICE COMPANY
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The motion carried by the following vote:
AYES: Councilman Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:22 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:03 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. OMMUNITY SERVICE PROGRAMS INC. GANG PREVENTION _PROGRAM
(600.30)
Written Communication:
Report dated October 1, 1991, from the Assistant City
Manager, recommending that the City enter into a Tri -City
agreement with Community Service Programs, Inc. (CSP) and the
Cities of San Clemente and Dana Point to participate in a
Gang Prevention and Intervention Program.
Authorization to Enter into Negotiations:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that staff be authorized to
enter into negotiations with CSP, Inc. and the Cities of Dana
Point and San Clemente to develop a tri -city Gang Prevention
and Intervention Program. Funds were authorized from the
Regional Narcotics Suppression Program forfeiture funds.
2. RESOLUTION IMPLEMENTING EMERGENCY RESPONSE COST
RECOVERY PROGRAM RELATING TO NEGLIGENT DRIVING
UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
AND INTENTIONALLY WRONGFUL CONDUCT (585.15)
Written Communication:
Report dated October 1, 1991, from the Assistant City
Manager, recommending that in accordance with California
Government Code Section 53150, the City implement a program
to recover the costs of emergency responses involving persons
driving under the influence of alcohol and/or drugs.
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It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted:
RESOLUTION NO. 91-10-1-3. ADOPTING PROCEDURES FOR
IMPLEMENTING THE EMERGENCY RESPONSE COST RECOVERY
PROGRAM RELATING TO NEGLIGENT DRIVING UNDER THE
INFLUENCE AND INTENTIONALLY WRONGFUL CONDUCT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, FORMALLY ADOPTING
PROCEDURES FOR THE IMPLEMENTATION OF THE EMERGENCY
RESPONSE COST RECOVERY PROGRAM RELATING TO NEGLI-
GENT DRIVING UNDER THE INFLUENCE AND INTENTIONALLY
WRONGFUL CONDUCT
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
3. RESOLUTION OF PARTICIPATION IN ORANGE COUNTY SERVICE
AUTHORITY FOR ABANDONED VEHICLES (570.30)
Written Communication:
Report dated October 1, 1991, from the Assistant City
Manager, recommending that the City participate in a proposed
Orange County Service Authority for Abandoned Vehicles which
would fund the cost of removal of vehicles abandoned on
public and private property in the City. The Authority would
be funded by a $1.00 per vehicle registration fee to be
collected by the Department of Motor Vehicles and distributed
to individual jurisdictions based on population.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 91-10-1-4. ESTABLISHING SERVICE
AUTHORITY FOR ABANDONED VEHICLE ABATEMENT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING SERVICE
AUTHORITY FOR ABANDONED VEHICLE ABATEMENT
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The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
AUTHORIZATION TO PARTICIPATE IN A GENERAL AUDIT OF THE
CITY'S SOLID WASTE COLLECTION CONTRACTOR (SOLAG
DISPOSAL, INC.) (600.30)
Written Communication:
Report dated October 1, 1991, from the Management Assistant
I, recommending that the City participate with the Cities of
Dana Point and Laguna Niguel in retaining the accounting firm
of Peat Marwich to perform a general audit of Solag Disposal,
Inc., the City's franchise waste hauler. With all three
cities participating, San Juan Capistrano's cost would be
$7,333.
Authorization to Participate in General Audit:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried that staff be authorized
to participate in the general audit of Solag Disposal, Inc.,
with costs to be funded from the recycling expansion program
budget.
5. EXTENSION OF AGREEMENT FOR INTERIM CITY ATTORNEY
SERVICES (STRADLING YOCCA. CARLSON & RAUTH) (600.30)
Written Communication:
Report dated October 1, 1991, from the Assistant City
Manager, recommending that the contract with Stradling,
Yocca, Carlson & Rauth for interim City Attorney services be
extended while the City continues the process for hiring a
new in-house City Attorney.
Approval of Agreement Extension:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried that the First Amendment
to Agreement of City Attorney Services be approved extending
the existing contract with Stradling, Yocca, Carlson & Rauth
to February 23, 1992.
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6. REQUEST FROM FAIRWAY PROPERTIES COMPANY CONCERNING
EXTENSION OF UTILITIES TO HELICOPTER HILL, TRACT
12954 (MARBELLA COUNTRY CLUB) (600.30)
Written Communication:
Report dated October 1, 1991, from the Assistant City
Manager, forwarding a request from Fairway Properties Company
to require only water and electrical utilities to Helicopter
Hill and to exclude sewer services because of the difficulty
and expense in extending a sewer line to the area.
Mr. Scarborough made an oral presentation.
Councilman Buchheim suggested that should a facility be
needed at Helicopter Hill in the future, consideration be
given to installing a septic tank or portable toilets for
daytime use only.
Determination of Utilities to Helicopter Hill:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the utilities required
to be extended to the Helicopter Hill plateau shall consist
of water and electricity only and shall exclude sewer
service.
7. RESOLUTION REQUESTING THAT THE SOUTHERN CALIFORNIA
REGIONAL AIRPORT AUTHORITY NOT ACCEPT THE ORANGE
COUNTY CITIES AIRPORT AUTHORITY AS THE ORANGE
COUNTY REPRESENTATIVE ON THE SOUTHERN CALIFORNIA
REGIONAL AIRPORT AUTHORITY BOARD OF DIRECTORS
(940.30)
Written Communication:
Report dated October 1, 1991, from the Assistant City
Manager, recommending that the Southern California Regional
Airport Authority not accept the Orange County Cities Airport
Authority as the Orange County representative on the Southern
California Regional Airport Authority Board of Directors
since the Orange County Cities Airport Authority represents
only five Orange County cities and is a strong proponent of
the conversion of the U.S. Marine Corps Air Station E1 Toro
into a commercial airport.
Opposition to Orange County Cities Airport
Authority Appointment to Southern California
Regional Airport Authority:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
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RESOLUTION NO 91-10-1-5 REQUESTING THAT ORANGE
COUNTY CITIES AIRPORT AUTHORITY NOT BE ACCEPTED AS
ORANGE COUNTY REPRESENTATIVE ON THE SOUTHERN
CALIFORNIA REGIONAL AIRPORT AUTHORITY BOARD OF
DIRECTORS - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING THAT THE SOUTHERN CALIFORNIA REGIONAL
AIRPORT AUTHORITY (SCRAA) NOT ACCEPT THE ORANGE
COUNTY CITIES AIRPORT AUTHORITY (OCCAA) AS THE
ORANGE COUNTY REPRESENTATIVE ON THE SOUTHERN
CALIFORNIA REGIONAL AIRPORT AUTHORITY
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
DIRECTOR OF PLANNING SERVICES
1. APPEAL OF PLANNING COMMISSION ACTION REGARDING GRADING
PLANS FOR LOTS 36 AND 37 TRACT 11743 (EMERY/HUNT
CLUB II) (420.40)
Written Communication:
Report dated October 1, 1991, from the Director of Planning
Services, recommending upholding the Planning Commission's
denial of a Hillside Management Application and modification
of a tract map condition establishing maximum finished grades
of 2:1. The report advised that the Commission's findings
are consistent with provisions of the Hillside Management
District, Section 9-3.505 of the Municipal Code.
William Ramsey, Senior Planner, made an oral presentation
noting that the project did not comply with 5 of the 11
Hillside Management regulations. Exhibits were on display,
and Mr. Ramsey noted the extensive amount of pad grading and
cut -and -fill with 1:1 manufactured slopes.
The Council inquired about the sequence of reviews by various -
departments which led the applicants to believe their
proposal was ready for permit. Mr. Ramsey explained that the
grading plan had not been routed to the Planning Department
for formal review and processing.
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Applicant Comments:
Bill Emery, 30986 Steeplechase Drive, advised he was present
to answer questions and introduced his geotechnical
consultant.
Henry Kling, geotechnical consultant for the project,
submitted samples of the geogrid reinforcing materials
proposed to hold the 1:1 slopes and indicated that the slopes
could be landscaped.
Councilman Hausdorfer stated that the appeal should be upheld
since the applicant believed he had gone through the planning
process and, because of staff error, would incur financial
hardship. He felt that the finished product would be
attractive to the area and noted there was no opposition to
the proposal by surrounding neighbors. Councilman Buchheim
and Mayor Friess concurred.
Councilman Vasquez stated he would support the appeal
although he was opposed to the proposed grading plan.
Approval of Appeal:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, that the following Resolution be adopted
upholding the appeal:
RESOLUTION NO. 91-10-1-6. UPHOLDING APPEAL OF THE
PLANNING COMMISSION DENIAL OF HILLSIDE MANAGEMENT
91-5, FOR LOTS 36 AND 37. TRACT 11753/HUNT CLUB
(EMERY) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING
AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF
HILLSIDE MANAGEMENT 91-5, A PROPOSED GRADING PLAN
FOR LOTS 36 AND 37 OF THE HUNT CLUB II SUBDIVISION,
TRACT 11753 (EMERY)
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
The resolution
and objectives
the intent of
Municipal Code
foot -high 1:1
Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
Htvm
None
found the project consistent with the policies
of the San Juan Capistrano General Plan and
Section 9-3.505 and granted an exception to
Section 9-4.112(2) to allow an approximate 50 -
fill slope on Lot 37.
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2. INITIATION OF PROPOSED AMENDMENT TO SECTIONS 9-3.418
AND 9-3.424 OF THE MUNICIPAL CODE TO REDUCE REQUIRED
OPEN SPACE FOR RELIGIOUS INSTITUTIONS AND SIMILAR
ASSEMBLY USES WITHIN THE PUBLIC INSTITUTIONAL ZONE
DISTRICT (460.30)
Written Communication:
Report dated October 1, 1991, from the Director of Planning
Services, advising that the Planning Commission had
petitioned the City Council to initiate consideration of an
amendment to the Municipal Code to reduce the 40% open space
standard in the Public and Institutional Zone District for
religious institutions and similar assembly uses.
Authorization to Initiate Amendment:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO 91-10-1-7. INITIATING AMENDMENT
TO TITLE 9 OF THE MUNICIPAL CODE - PROPOSED
REDUCTION OF OPEN SPACE REQUIREMENTS FOR
RELIGIOUS INSTITUTIONS AND SIMILAR ASSEMBLY
USES - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING AN AMENDMENT TO SECTIONS 9-3.418 AND
9-3.424 OF THE MUNICIPAL CODE - REDUCTION OF
REQUIRED OPEN SPACE FOR RELIGIOUS INSTITUTIONS
AND SIMILAR ASSEMBLY USES WITHIN THE PUBLIC
INSTITUTIONAL ZONE DISTRICT
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
3. REQUEST TO AMEND FEE SCHEDULE FOR ARCHITECTURAL
DESIGN GUIDELINES (180.20)
Written Communication:
Report dated October 1, 1991, from the Director of Planning
Services, recommending that the Fee Resolution be amended to
increase the fee charged for copies of the new Architectural
Design Guidelines from $6.00 to $13.50 to cover the actual
costs of printing.
Adoption of New Fee Schedule:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the following Resolution be adopted:
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RESOLUTION NO. 91-10-1-8. AMENDING FEE FOR
ARCHITECTURAL DESIGN GUIDELINES - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION
NO. 90-11-20-4 TO ESTABLISH NEW FEE FOR
ARCHITECTURAL DESIGN GUIDELINES
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
ORDINANCES
1. ORDINANCE AMENDING TITLE 5, CHAPTER 20 OF THE MUNICIPAL
CODE - "SMOKING IN PUBLIC PLACES" (ADOPTION) (585.20)
Written Communication:
Report dated October 1, 1991, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
September 17, 1991, with amendments relating to non-smoking
areas in restaurants and in certain areas of retail stored.
The Ordinance was scheduled for adoption.
Dan Hicks, 32552 Alipaz Street, #5B, spoke in favor of the
smoking regulations and submitted a tobacco smoke emissions
fact sheet to the Council for their information.
Adoption of Ordinance:
The City Manager read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Jones, that the following
Ordinance be adopted:
ORDINANCE NO. 694, AMENDING TITLE 5. CHAPTER 20
OF THE MUNICIPAL CODE SMOKING IN PUBLIC
PLACES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 5, CHAPTER
20, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
ENTITLED "SMOKING IN PUBLIC PLACES"
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"20'm,
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
The new regulations are effective October 31, 1991.
2. ORDINANCE AMENDING TITLE 6 CHAPTER 3 OF THE MUNICIPAL
CODE MUNICIPAL SOLID WASTE COLLECTION LAW (ADOPTION)
(810.10)
Written Communication:
Report dated October 1, 1991, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
September 17, 1991, with an amendment to allow independent
cleanup haulers to continue doing business in the City. The
ordinance was scheduled for adoption.
Bill Hardy, 26523 Calle Lorenzo, received confirmation that
the modifications requested by the Council at its
September 17 meeting were incorporated into the final
Ordinance document as read into the record by the Assistant
City Manager, and that the exception clause would handle
special circumstances regarding individual waste hauling
within the Los Rios District.
In response to an inquiry by Councilman Hausdorfer,
Mr. Scarborough advised that the billing for waste hauling
was not incorporated into the Ordinance and would be
addressed separately by the City Council at a later date.
Councilman Jones requested that the process for requesting
exemptions be made simple and easy to understand for
residents. Mr. Scarborough concurred and indicated that the
procedure would be handled administratively.
Councilman Vasquez felt that the Ordinance would create a
monopoly of the franchise for Solag Disposal and suggested
that if the County could perform the record-keeping duties
for the waste hauler, other waste haulers could handle the
waste hauling for debris boxes in the City.
Adoption of Ordinance:
The City Manager read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim,
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seconded by Councilman Jones, that the following Ordinance
be adopted:
ORDINANCE NO. 695, AMENDMENT TO TITLE 6 OF THE
MUNICIPAL CODE - MUNICIPAL SOLID WASTE COLLECTION
LAW - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 6, CHAPTER
3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO
ESTABLISH REGULATIONS FOR THE COLLECTION OF SOLID
WASTE (MUNICIPAL SOLID WASTE COLLECTION LAW)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
The Ordinance will take effect December 30, 1991.
3. ORDINANCE APPROVING AMENDMENT TO FORSTER CANYON
PLANNED COMMUNITY, COMPREHENSIVE DEVELOPMENT PLAN FOR
REZONE 89-07 (PACIFIC POINT/TMC COMMUNITIES)
(REINTRODUCTION) (460.20
Due to his absence during the public hearing and introduction of
this item and a possible conflict of interest, Councilman
Hausdorfer left the Council Chamber.
Written Communications:
(1) Report dated October 1, 1991, from the Director of
Planning Services, forwarding the Ordinance for reintro-
duction to amend the Comprehensive Development Plan for
the Forster Canyon Planned Community, with modifications
to mitigate the visual impacts to the Vista Residential
and Country Residential portions of the project.
However, instead of limiting the ground floor area to
no more than 20% of the overall lot area, as requested
by the City Council at its meeting of August 20, 1991,
staff recommended that variations in building design,
mass, and building height separations between buildings
be created and minimum open space increased as part of
the Landform Control District Regulations.
(2) Report dated September 30, 1991, from the Director of
Planning Services, recommending additional changes to
the Comprehensive Development Plan regarding minimum pad
area per unit and the grading concept for Window Hill.
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(3) Letter dated October 1, 1991, from Jim Bochniarz, 33522
Avenida Calita, in favor of the modifications recommen-
ded by staff.
Mr. Tomlinson made an oral presentation and reviewed the
proposed modifications. He noted an additional amendment
adding language to the introduction of the Landform Control
District Regulations stating that the Landform Control
District development standards would be the governing
district, notwithstanding specific design standards of
underlying districts contained within the Comprehensive
Development Plan. He further noted that although this was
not a noticed public hearing, those persons who spoke at
previous public hearings on this item were notified of the
meeting and the proposed modifications.
Council Discussion:
Councilman Jones stated that it should be clarified in the
documents that the pad area does not include the slopes.
Councilman Vasquez expressed concern that the builder was
being given an incentive to create smaller lots whereas the
original intent was to encourage larger lot sizes. He noted
his intent had not been to include the garage area in the
living space; however, he felt the 20% ground floor area
ratio was a good standard and would be easier to understand
and more aesthetically pleasing. He stated that the
recommendation for increasing open space requirements was
ambiguous and promoted maximum -size houses on small lots.
Mr. Tomlinson clarified that the minimum lot sizes for the
Window Hill area were increased, with no changes to the
minimum lots sizes for the Country Residential area.
Mayor Friess cited concern that the City not get into a
situation where entitlements obstruct the City's ability to
enforce the document at a later date.
David Chaffey, 33511 Avenida Calita, spoke in favor of
staff's proposed modifications. He expressed concern with
the 20% ground floor area ratio in that the houses would
appear boxy and felt that the language regarding the rear
yard setbacks was ambiguous and should be clarified.
Mike Schlesinger, Project Director for TMC, expressed concern
about the Landform Control District Regulations being the
controlling document for the project but spoke in favor of
staff's proposed modifications.
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The City Manager read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim,
seconded by Councilman Jones, that the following Ordinance
be reintroduced, incorporating the amended language outlined
in the Staff Reports dated October 1 and September 30, 1991,
and adding the following language to the Introduction of the
Landform Control District Regulations:
The Landform Control District development standards
shall be the governing district, notwithstanding
specific design standards of underlying districts
contained within this Comprehensive Development
Plan.
AMENDMENT TO FORSTER CANYON PLANNED COMMUNITY
(PACIFIC POINT/TMC COMMUNITIES) - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE FORSTER CANYON PLANNED COMMUNITY
ADOPTED BY ORDINANCE NO. 418 (PACIFIC POINT/TMC
COMMUNITIES)
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim, and Mayor Friess
NOES: Councilman Vasquez
ABSENT: Councilman Hausdorfer
Councilman Jones cited concerns that landscaping and tree
planing locations are addressed to avoid a situation where
trees are removed to obtain the view; landscaping should not
be relied on as a buffer for the architectural design.
Councilman Hausdorfer returned to the Council Chamber.
WORK SESSION - REVIEW OF A PROPOSED COMBINED
RESIDENTIAL/GOLF COURSE DEVELOPMENT ON APPROXIMATELY
148 ACRES LOCATED ADJACENT TO LA NOVIA AVENUE AND
EASTERLY OF VALLE ROAD, TENTATIVE TRACT 14343
(SAN JUAN MEADOWS) (420.401
This item was taken out of order on the agenda.
Proposal:
A work session for a proposed project consisting of 209
single-family detached homes, 168 attached housing units, 180
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senior housing units, a nine -hole executive golf course, a
golf course driving range and clubhouse. The golf course
will be constructed over the old Forster Canyon Landfill.
Prior to construction, the landfill must receive official
certification of its closure.
Applicant:
Al Brende and Ray Poulter
San Juan Creek Associates, Ltd.
324 West Fourth Street, 2nd Floor
Santa Ana, CA 92701
written Communication:
Report dated October 1, 1991, from the Director of Planning
Services, summarizing the proposed project and policy issues
regarding density, proposed land uses and locations,
subdivision design, lot coverage and development intensity,
landfill closure, vacation of the stockpile easement, and
project financial assistance.
Phil Schwartze, representing the applicant, San Juan Creek
Associates, stated that due to the lateness of the hour he
would concur with continuing the work session to October 8.
He requested that the representative of Phoenix Cross from
Phoenix, Arizona be allowed to give a brief presentation on
the 9 -hole executive golf course and driving range and the
proposed relationship between the City and the golf course.
Don Schlander, Senior Vice President of Marketing for the
Phoenix Group, discussed the benefits and conditions
contained in the proposed golf course and stated that the
developer would bring financing, construction and management
expertise to the project and enter into a partnership with
the City. The golf course and driving range would be a
lease -purchase option for the City. Developer funds would
be amortized over a certain lease term, with the golf course
turned over to the City for $1.00 at the end of the term.
The City would retain title to the facility during the lease
term. He further noted that the Phoenix Group would provide
$3 million toward the official closure of the landfill. He
discussed the "non -appropriation" clause that would be
contained in their contract to address the question of
liability. Mr. Schwartze reiterated that even through the -
golf course was over a landfill, the City would not have any
liability since it would be structured on a lease
arrangement.
Rescheduling of Worksession:
It was the consensus of the Council that the worksession be
rescheduled to an adjourned meeting of the Council on
Tuesday, October 8, in the City Council Chamber.
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COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Mayor Friess noted his attendance at the hearing held
by the Transportation Corridor Agency on Thursday,
September 19, at the Capistrano Valley High School, to
receive public comment regarding the Corridor's EIR.
b. League of California Cities (140.20)
Mayor Friess noted the annual meeting to be held in San
Francisco October 13 through 16, 1991.
COUNCIL COMMENTS
1. PEDESTRIAN/BIKE TRAIL - HOFFMAN PROPERTY (930.50)
Ed Green and the City crews were commended for their
expeditious installation of the pedestrian/bike trail through
the Hoffman property.
There being no further business before the Council, the meeting
was adjourned at 10:15 p.m. to Tuesday, October 8, 1991, at 7:00
p.m. in the City Council Chamber to conduct the San Juan Meadows
Worksession.
ATTEST:
KE NETH E. FRIV3S, MAY R
Respectfully submitted,
CHERYL JOH ON CITY CLERK
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