91-1119_CC_Minutes_Regular Meetingr 65-R
NOVEMBER 19, 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 7:04
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 Clark,
City Attorney; Cheryl Johnson, City Clerk; George Scarborough,
Assistant City Manager; David Bentz, 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.
MINUTES
Regular Meeting of November 5. 1991:
It was moved by Councilman Buchheim, seconded by Councilman Jones,
that the Minutes of the Regular Meeting of November 5, 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.
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PRESENTATIONS AND COMMENDATIONS
Mayor Friess commended Sheriff's Deputies Vergo and Larsen for
their apprehension of a burglary suspect, and Deputies Wagner and
Hunt who apprehended one assailant and provided a description of
the second assailant after an armed robbery.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
STREET LIGHTING (1010.80)
David Swerdlin, 26172 Via de Toledo, on behalf of the
Downtown Merchants Association, encouraged public attendance
at the Christmas tree lighting ceremony in the downtown area
on December 6. He requested that additional lighting be in-
stalled prior to the event in the area of Ortega Highway and
Camino Capistrano south to Del Obispo Street and north to the
Great Stone Church, as well as on Verdugo Street to the
Depot.
Mr. Sievers explained the City's difficulty in complying with
such a request prior to the December 6 ceremony and
discussion ensued regarding lighting in the downtown area.
It was a consensus of the Council that staff be directed to
evaluate long-range solutions and costs regarding improving
the lighting in the downtown area, for discussion at a
Council meeting in December.
MEMORIAL DONATIONS (410.90)
Kathy Holmes, 31851 Paseo La Branza, expressed appreciation
to the City Council, Mr. Sievers and his department for their
assistance in the dedication of a tree to the memory of a
friend's son. She suggested that a program be initiated
whereby memorial trees could be donated and planted in an
appropriate location. Mr. Sievers indicated that he is
presently working with the City Manager's Office regarding
such a program. Ms. Holmes also expressed appreciation to
Councilman Buchheim for his service on the City Council.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by
that the staff recommendations be accepted for th
listed on the Consent Calendar. The motion
following vote:
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Councilman Jones,
e following items
carried by the
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AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
1. RECEIVE AND FILE CASH BALANCES BY FUND FOR OCTOBER 1991
(330.50)
The City Treasurer's Report of Cash Fund Balances for the
month of October 1991 in the total amount of $-636,037.10 was
received and filed.
2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF OCTOBER 31.
1991 (350.30)
The City Treasurer's Report of Investments as of October 31,
1991, in the total amount of $16,925,213.70 was received and
filed.
3. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated November 19, 1991, from the Director of
Planning Services, regarding actions taken at the meeting of
November 6, 1991, was ordered received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated November 19, 1991, from the Director of
Planning Services, regarding actions taken at the meeting of
November 12, 1991, was ordered received and filed.
5. RESOLUTION. NOTICE OF COMPLETION - TRACT 12827, AREA F.
MESA VISTA (GLENFED DEVELOPMENT) (600.30)
As set forth in the Report dated November 19, 1991, from the
Director of Engineering and Building, the following Resolu-
tion was adopted declaring the monumentation for Glenfed Area
F, Tract 12827 to be complete:
ESOLUTION NO. 91-11-19-1. COMPLETION OF PUBLIC
STREET MONUMENTATION - TRACT 12827 (GLENFED DEVEL-
OPMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE MONUMENTS OF PUBLIC STREETS IN TRACT 12827
(GLENFED DEVELOPMENT)
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The Resolution accepted the work as complete and authorized
the City Clerk to release Monumentation Bond No. 30072218 in
the amount of $2,873.
APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR
BIDS - 1992 WEED AND RUBBISH ABATEMENT PROGRAM (600.30)
As set forth in the Report dated November 19, 1991, from the
Director of Public Lands and Facilities, the specifications
were approved for the 1992 Weed and Rubbish Abatement Program
and staff was authorized to call for bids.
PUBLIC HEARINGS
1. REQUEST FOR RIDGELINE EXCEPTION 91-01 TO PERMIT
CONSTRUCTION OF AN ACCESS ROAD AT PROPERTY LOCATED
SOUTHEAST OF SAN JUAN CREEK ROAD AND NORTH OF HIDDEN
MOUNTAIN RESIDENTIAL DEVELOPMENT - LOT 13, TRACT 13823
(CONTINUED FROM NOVEMBER 5. 1991) (DIFFLEY)
(410.80/420.40)
Mayor Friess left the Council Chamber due to a conflict of
interest, and Mayor pro tem Buchheim presided.
Proposal•
Consideration of a Ridgeline Exception request for a private
access road, to be located 120 feet from a General Plan
Ridgeline, for a single-family residential building site
generally located southeast of San Juan Creek Road and north
of Hidden Mountain on Lot 13 of Tract 13823. At the meeting
of November 5, 1991, staff was directed to make additional
requests of SDG&E, with Councilman Hausdorfer's assistance,
for the use of their easement which traverses the applicant's
property.
Applicant/Property Owner:
David Diffley
1 San Mateo Way
Corona del Mar, CA 92625
Written Communications:
Report dated November 19, 1991, from the Department of
Planning Services, stating that a letter was sent by the City
Manager to the President and Chief Executive Officer of SDG&E
regarding the use of their easement, and efforts had been
made to meet with adjacent property owners. The results
would be reported at the meeting. The report included the
agenda item from November 5, 1991.
Mr. Tomlinson stated that he and the City Manager met with
representatives of SDG&E this date, who agreed to enter into
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s9
a License Agreement with the applicant for an access road
across SDG&E's transmission easement. However, SDG&E wished
to add several conditions to the Agreement which would
protect the company from potential liability:
(1) Construction of a 22 -foot -wide road instead of 16 feet
as recommended by staff.
(2) Technical design considerations.
(3) Addition of a termination clause per Public Utilities
Commission requirements. Should the access road
conflict with SDG&E's need to provide additional
facilities for the public benefit the License Agreement
would be terminated.
(4) Require that the applicant provide two bonds: one to
cover maintenance costs for the road should damage occur
from SDG&E vehicles and the other in the amount of
$75,000 to ensure the ultimate construction of an
alternate access road by the applicant should the
License Agreement be terminated.
Mr. Tomlinson recommended that the Ridgeline Exception be
approved, but only be activated upon termination of the
License Agreement. Mr. Tomlinson stated that all provisions
of the License Agreement would be incorporated in the
project's Development Agreement to bring to closure Condition
19 of Resolution No. 90-6-19-2; including the other
conditions which were previously recommended by staff.
Mr. Tomlinson reported on a meeting held on Friday,
November 15, with residents who live adjacent to the subject
property. The residents expressed concerns regarding
placement of the building pad, grading, and potential for
building mass overpowering the residences below. He had
advised residents that their concerns would be heard during
the Development Agreement process and noted a commitment to
assure notification to area residents.
In response to an inquiry by Councilman Vasquez,
Mr. Tomlinson explained that approval of the Ridgeline Excep-
tion at this time would assure access to the lot in the event
the License Agreement is terminated and would reserve the
right of the property owner to provide an exception for an
alternate access. He advised that staff felt that the
Ridgeline Exception alternative was superior to an access
road outside of the ridgeline buffer zone because of its
limited grading and visual impacts along with providing a
better drainage situation.
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Public Hearing:
Notice having been given as required by law, Mayor pro tem
Buchheim opened the Public Hearing, and the following persons
responded:
(1) The applicant, David Diffley, requested approval of the
Ridgeline Exception, the elimination of Condition lA
which required a 16 -foot -wide road rather than a 22 -
foot -wide road and stated that the $75,000 bond
requested by SDG&E is actually a financial deposit to
be held in perpetuity, which financial commitment he
would be unable to meet at this time.
(2) Larry Hines, 31511 Paseo Christina, submitted a letter
dated November 19, 1991, in opposition to the proposed
grading behind his property and expressed concerns
regarding the stability of utility vehicles on the road,
potential drainage problems, and visual impacts. He
requested that the item be returned to staff and
addressed concurrently.
There being no further input, the hearing was declared
closed.
In response to Mr. Hines' concerns, Mr. Tomlinson explained
that the purpose of a Development Agreement and stated his
intent that the Development Agreement contain language which
would not approve the concept grading as shown on the plan
but generally show the location of a proposed residence and
then establish a procedure for ultimate review of a complete
development application package. He again cited the
notification procedures followed by staff.
In response to Councilman Hausdorfer, the City Attorney
advised that a Development Agreement is not mandated by state
law but is permitted by cities through the planning process
and is not required under these circumstances. Mr. Tomlinson
noted the Development Agreement had been required as a
condition of approval placed upon the tentative tract map by
City Council Resolution.
Mark Gaughan, Senior Government Affairs Representative for
SDG&E, explained SDG&E's request for the applicant to provide
an alternate access road should additional utilities be
required, making the present access to SDG&E's easement
unavailable. Councilman Jones expressed concerns that the
bonding requirement was hindering the process.
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4'71
Approval of Ridgeline Exception 91-01:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted with the
following amendments:
(1) The SDG&E easement shall be the primary access road to
the subject property; the Ridgeline Exception would be
activated only in the event the SDG&E easement becomes
unavailable.
(3) City staff and the applicant shall meet with SDG&E to
resolve the issue of the $75,000 cash deposit
requirement.
(3) The Development Agreement shall be reviewed by adjacent
property owners prior to consideration by the City
Council.
At the request of Councilman Jones and with the concurrence
of the maker of the motion, the motion was amended to add the
requirement that the access road be constructed 22 -feet -wide.
RESOLUTION NO. 91-11-19-2. APPROVING RIDGELINE
EXCEPTION 91-01. LOT 13. TRACT 13823 (DIFFLEY)_ -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING RIDGELINE
EXCEPTION 91-01 FOR LOT 13 OF TENTATIVE TRACT
13823, KNOWN AS ASSESSOR'S PARCEL NO. 124-223-71,
LOCATED SOUTHEAST OF SAN JUAN CREEK ROAD AND NORTH
OF HIDDEN MOUNTAIN (DIFFLEY)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Vasquez,
and Mayor pro tem Buchheim
NOES: None
ABSTAIN: None
ABSENT: Mayor Friess
Mayor Friess returned to the Council Chamber and presided.
RECESS AND RECONVENE
Council recessed at 8:00 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:03 p.m.
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72'
ADMINISTRATIVE ITEMS
CITY MANAGER
SWANNER PROPERTY ACQUISITION - OFF -AGENDA ITEM
The City Manager advised that documents regarding the
acquisition of the Swanner Residence, Ranch and Tree Farm
property had been received subsequent to posting of the
Agenda and a joint legal discussion with the Community
Redevelopment Agency was necessary. The property is in the
area the Agency and City wish to acquire for open space
purposes under the Open Space Bond Measure.
It was moved by Mayor Friess, seconded by Councilman
Hausdorfer, and unanimously carried to find that this item
was not available prior to publication of the Agency agenda
and consideration was necessary at this time. The matter
will be discussed jointly with the Agency Board of Directors
in a Closed Session.
1. ANNUAL RENEWAL OF _LEASE -
Written Communication:
Report dated November 19, 1991, from the Senior Management
Assistant, recommending that the lease for the operation and
maintenance of the Harrison Farm House and Parra Adobe be
extended for a one-year period.
Approval of Lease Extension:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the lease agreement with
the Capistrano Indian Council be extended for one year (from
December 1, 1991, through December 1, 1992) for the operation
and maintenance of the Harrison Farm House and Parra Adobe,
at a $1.00 per year lease payment. The Mayor was authorized
to execute the agreement on behalf of the City.
RESOLUTION AMENDING BAIL SCHEDULE - PARKING VIOLATIONS
Written Communication:
Report dated November 19, 1991, from the Assistant City
Manager, forwarding a resolution which would incorporate the
State -required $2.00 surcharge for each parking violation
committed in the City and would increase the fines for
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unauthorized parking in handicapped zones to provide
consistency with State law.
Approval of Revised Bail Schedule:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted:
RESOLUTION NO. 91-11-19-3. AMENDMENT TO BAIL
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING
THE BAIL SCHEDULE FOR VIOLATIONS SET FORTH IN
SECTION 1-2.08 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE TO ADD THE STATE -REQUIRED $2.00 SURCHARGE FEE
AND TO AMEND THE BAIL FOR UNAUTHORIZED PARKING IN
HANDICAPPED ZONES
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
APPOINTMENT PROCESS FOR VACATED CITY COUNCIL POSITION
(610.15
Written Communication:
Report dated November 19, 1991, from the Assistant City
Manager, providing an update on the appointment for the
vacancy on the City Council and the applications received to
date. Staff suggested that individual Councilmen interview
the applicants prior to the meeting of December 3 and that
the newly appointed Council Member be sworn in at an
adjourned meeting to be held December 10, 1991.
Approval of Appointment Process and Date for Swearing -
In Ceremony:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried to approve scheduling of the
appointment for December 3, 1991, and to schedule an
adjourned meeting on December 10, 1991, to administer the
oath of office.
4. RESOLUTION AMENDING CLASSIFICATION AND COMPENSATION
PLAN, DEPUTY CITY CLERK POSITION (700.20)
Written Communication:
Report dated November 19, 1991, from the Assistant City
Manager, recommending that the position of Records
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Coordinator in the City Clerk's Office be reclassified to the
position of Deputy City Clerk.
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted:
RESOLUTION NO 91-11-19-4 AMENDING RESOLUTION NO,
89-10-17-3, THE CITY'S PERSONNEL CLASSIFICATION
AND COMPENSATION PLAN (DEPUTY CITY CLERK POSITION)
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 89-10-17-3, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN (DEPUTY CITY
CLERK POSITION)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
The Resolution: 1) reclassified the position of Records
Coordinator in the City Clerk's Office to Deputy City Clerk,
2) changed the position of Deputy City Clerk from a Manage-
ment position to a Classified (non -management) position, 3)
adjusted the salary range for Deputy City Clerk to $2,640-
$3,301 per month, 4) approved the reclassification retroac-
tive to July 1, 1991, and 5) transferred funds in the amount
of $2,570 from account 6217 to accounts 6111 ($2,208) and
6124 ($362).
5. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO RECEIVE BIDS - LOS RIOS ENTRY PLAZA (600.30)
Written Communication:
Report dated November 19, 1991, from the Community Develop-
ment Assistant, requesting approval of plans and specifica-
tions and authorization to receive bids for the construction
of the Los Rios Entry Plaza.
The City Attorney stated that Councilmen Jones and Vasquez
would be disqualified from participation on this item due to
the proximity of their business interests and residences in
the Los Rios area.
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Julia Kimminau, Community Development Assistant, made an oral
presentation.
Approval of Plans and Specifications and Authorization
to Receive Bids:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and carried with Councilmen Jones and Vasquez
abstaining, that the plans and specifications be approved for
the construction of the Los Rios Entry Plaza. Staff was
authorized to receive bids.
Councilman Vasquez was appointed to work with staff and the
representative from the Historical Society to clarify the
wording in the plaque for the Entry Plaza.
DIRECTOR OF PLANNING SERVICES
CONSULTANT SELECTION FOR PREPARATION OF THE OPEN SPACE
MASTER PLAN ENVIRONMENTAL IMPACT REPORT (600.30)
Written Communication:
Report dated November 19, 1991, from the Director of Planning
Services, reporting on the proposals solicited for the
preparation of the Open Space Master Plan (OSMP) Environmen-
tal Impact Report (EIR) and recommending that the City enter
into a contract with the firm of Ed Almanza and Associates
for the preparation of the EIR.
William Ramsey, Senior Planner, made an oral presentation.
Councilman Jones expressed concern with contracts which
include a not -to -exceed amount. Councilman Vasquez felt that
it would be premature to prepare an EIR on the open space
study area at this time since not all of the open space land
has been purchased by the City. Mr. Julian explained that
the EIR would address environmental concerns regarding all
potential purchases of certain open space properties and
would not preclude the City from deciding against the
purchase of any particular property. Councilman Jones added
that it would be cost effective to study all areas at the
same time and that the EIR may reveal that a particular open
space area would be infeasible for the City.
Mr. Ramsey noted that the draft open Space Master Plan and
the EIR would be reviewed concurrently, with presentation to
the City Council tentatively scheduled for March or April of
1992.
Approval of Agreement for Preparation of EIR:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that staff be authorized to
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negotiate an agreement for consulting services with Ed
Almanza and Associates, at a total project cost not to exceed
$90,000, for the preparation of the Open Space Master Plan
EIR.
AMENDMENT TO TITLE 3 CHAPTER 2 OF THE MUNICIPAL CODE,
MOBILE SOURCE EMISSIONS REDUCTION - AN ORDINANCE
ESTABLISHING ADMINISTRATIVE PROCEDURES FOR VEHICLE
REGISTRATION FEES SUBVENED TO THE CITY BY THE SOUTH
COAST AIR QUALITY MANAGEMENT DISTRICT (530.50)
Written Communication:
Report dated November 19, 1991, from the Director of Planning
Services, advising that Assembly Bill 2766 provided for
funding of various emission reduction programs through the
imposition of an additional motor vehicle registration fee
and recommending that an Ordinance be introduced establishing
the City's eligibility to receive "excess" vehicle
registration fees from the Air Quality Management District.
The report advised the City would be eligible to receive
approximately $20,966 in Fiscal Year 1991 and $41,932
annually thereafter.
William Ramsey, Senior Planner, made an oral presentation.
Introduction 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 introduced:
AMENDMENT TO TITLE 3, CHAPTER 2 OF THE MUNICIPAL
CODE - MOBILE SOURCE EMISSIONS REDUCTION - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 3, CHAPTER 2 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE TO ADD SECTION
3-2.300, ET SEQ., ESTABLISHING A MOBILE SOURCE
EMISSIONS REDUCTION ORDINANCE
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
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77
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. REQUEST FOR DEFERRAL OF PARK AND RECREATION AND SEWER
CAPACITY FEES, AND APPROVAL OF SUBDIVISION IMPROVEMENT
AGREEMENT AND FINAL MAP - PARCEL MAP 88-396, PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF SAN JUAN CREEK
ROAD/PASEO CHRISTINA (STANBRIDGE) (600.30/420.70)
Written Communication:
Report dated November 19, 1991, from the Director of Engin-
eering and Building, recommending that the Park and Recrea-
tion and Sewer Capacity Fees not be deferred and that the
Subdivision Improvement Agreement for the widening of San
Juan Creek Road and Final Map 88-396 be approved for the
subdivision of a 9.09 -acre site into three residential
parcels.
Mr. Huber made an oral presentation,, noting that the City's
fiscal situation did not warrant deferral of the fees and
stating that the applicant had not identified unique and
extraordinary circumstances to place the costs of subdividing
the property onto future building permit applicants.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that:
(1) Payment of Park and Recreation and Sewer Capacity Fees
be deferred until the issuance of grading permits, with
an instrument to be recorded noting that these fees will
run with the property and are to be paid at the time of
grading permit issuance;
(2) The Subdivision Improvement Agreement for the widening
of San Juan Creek Road and adjacent landscaping be
approved; and
(3) Final Map 88-396 be approved, based on the finding that
the Final Map is in conformance with the Subdivision Map
Act and conditions set forth in Resolution 90-8-7-3.
The Mayor and City Clerk were authorized to execute the
Agreement. The City Engineer and City Clerk were authorized
to the execute the Final Map, and the City Clerk was
authorized to record the documents with the County Recorder's
Office.
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DIRECTOR OF COMMUNITY SERVICES
1.
Written Communication:
Report dated November 19, 1991, from the Director of Commun-
ity Services, recommending approval of a five-year lease with
Mission Trails Stables and the setting of the monthly
boarding fees to be charged by the stables.
Approval of Lease Agreement:
It was moved by Councilman Jones, seconded by Councilman
Buchheim, and unanimously carried that the Lease Agreement
with Mission Trails Stables be approved for the five-year
period ending November 19, 1996. The Lessor was provided an
additional 30 days, until December 19, 1991, to submit the
Inventory of Property, Exhibit A to the Lease.
Establishment of Monthly Boarding Fees:
It was moved by Councilman Jones, seconded by Councilman
Buchheim, that the following Resolution be adopted establish-
ing the monthly boarding fees to be charged by Mission Trails
Stables at $140.
RESOLUTION NO 91-11-19-5. ESTABLISHING MONTHLY
BOARDING FEE CHARGED BY MISSION TRAILS STABLES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING MONTHLY
BOARDING FEES TO BE CHARGED BY MISSION TRAILS
STABLES.
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
REQUEST FOR WAIVER OF CONCESSION STAND FEE (BOBBY SOX)
( 420.20 )
Written Communication:
Report dated November 19, 1991, from the Director of
Community Services, recommending that the request from the
Capistrano Valley Bobby Sox to waive all City permit fees
(approximately $470) for the proposed construction of a
concession stand at the Cook Park Athletic Fields be
approved.
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Approval of Waiver:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the application process-
ing fees be waived for the proposed construction of a
concession stand at the Cook Park Athletic Fields by the
Capistrano Valley Bobby Sox, based on the finding that the
proposed improvements will benefit the community. However,
the waiver shall not be construed as being favorable toward
the proposed project itself.
ORDINANCE APPROVING AMENDMENT TO TITLE 1, CHAPTER 5.
ADDING SECTION 9-3.603(n) TO THE MUNICIPAL CODE RELATING
TO THE ENFORCEMENT OF SIGN REGULATIONS (ADOPTION)
(410.40)
Written Communication:
Report dated November 19, 1991, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
November 5, 1991, and was scheduled for adoption.
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 Buchheim, that the
following Ordinance be adopted:
ORDINANCE NO. 697, AUTHORIZING ENFORCEMENT OF CITY'S
SIGN REGULATIONS BY CODE ENFORCEMENT OFFICIALS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL
CODE BY REVISING TITLE 1, CHAPTER 5 AND ADDING NEW
SECTION 9-3.603(n) RELATING TO THE ENFORCEMENT OF SIGN
REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
and Mayor Friess
NOES: Councilman Vasquez
ABSENT: None
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2. ORDINANCE APPROVING AMENDMENT TO SECTION 7-3.06 AND
SECTION 7-6.07 OF THE MUNICIPAL CODE ENTITLED "PERMIT:
ISSUANCE• FEES" (ADOPTION) (420.201
Written Communication:
Report dated November 19, 1991, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
November 5, 1991, and was scheduled for adoption.
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,
seconded by Councilman Hausdorfer, that the following
Ordinance be adopted:
ORDINANCE NO 698 AMENDING TITLE 7 OF THE MUNICI-
PAL CODE, PERMIT ISSUANCE FEES - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 7-3.06 AND SECTION 7-6.06 OF THE
MUNICIPAL CODE ENTITLED "PERMIT: ISSUANCE: FEES."
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. APPOINTMENT OF REPRESENTATIVE AND ALTERNATE - FOOTHILL/
EASTERN TRANSPORTATION CORRIDOR (800.50)
Written Communication:
Report dated November 19, 1991, from the Assistant City
Manager.
Appointment of Representative and Alternate:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that Mayor Friess be appointed
as the City's Representative and Councilman Hausdorfer as the
City's Alternate to the Foothill/Eastern Transportation
Corridor Agency.
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M
APPOINTMENTS TO POSITIONS VACATED BY RESIGNATION OF
COUNCILMAN (LAWRENCE F. BUCHHEIM) (610.60)
Written Communication:
Report dated November 19, 1991, from the Council Services
Manager, providing a current list of the positions held by
outgoing Councilman Buchheim as the City's representative on
various City and County agencies.
Reaffirmation of Appointments:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried that Lawrence Buchheim's
appointments be reaffirmed as the City's at -large representa-
tive, effective on his official resignation date of
December 2, 1991, on the SouthEast Regional Reclamation
Authority (SERRA), Capistrano Valley Wastewater Authority,
San Juan Basin Authority, South Orange County Reclamation
Authority, and Flood Plain Management Committee. Councilman
Vasquez was appointed to serve in an alternate capacity.
ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted that the agency had authorized
the drawing of engineering design for flow meters for
various contracting agencies and the design for an
outfall pump.
b. San Juan Basin Authority (1050.60)
Councilman Buchheim noted that the agency was conducting
a general survey of potential water reclamation sites.
C. Foothill/Eastern Transportation Corridor (800.501
Mayor Friess noted the public hearing scheduled for
Thursday, December 12, at 7:00 p.m. at Irvine City Hall
regarding the EIR on the eastern leg.
d. San Joaquin Hills Transportation Corridor (800.50)
Mayor Friess noted the public hearing scheduled for
Wednesday, December 18, at 9:30 a.m. at Santa Ana City
Hall regarding the two remaining issues mandated by the
Superior Court regarding the EIR.
e. Lague of California Cities (140.20)
Councilman Hausdorfer noted the OCTA's new First
District representative, Mayor Chuck Smith of
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Westminster. Councilman Vasquez reported on his
attendance at the League's Annual Conference in October.
COUNCIL COMMENTS
LIGHTING IN THE LOS RIOS DISTRICT (1010.80/400.50)
Councilman Vasquez expressed concerns regarding safety and
the potential for crime along Los Rios Street because of
insufficient lighting and increased traffic and suggested two
locations where cobra lights could be installed.
Mayor Friess suggested that Councilmen Jones and Vasquez, who
are residents of the Los Rios area, discuss the lighting
situation and alternatives with residents. The Los Rios
Review Committee is to review any proposed changes.
2. COUNCIL PRESENTATIONS (610.25)
Mayor Friess stated that Councilman Buchheim will be present
at the meeting on December 3, 1991, to receive presentations
and recognition for his service on the City Council.
Carlos Romer expressed appreciation to Councilman Buchheim
for his years of service on the City Council.
3. LETTER OF APPRECIATION (610.40)
Councilman Hausdorfer suggested that the City send a letter
to Mark Gaughan, Senior Government Affairs Representative,
and the president of SDG&E expressing appreciation for their
cooperation regarding the Diffley matter.
4. SOLAG DISPOSAL RELOCATION (400.201
Mayor Friess noted the possibility of implementing recycling
and composting sites on the UC property adjacent to the Prima
Deschecha Landfill. Mayor Friess and Councilman Jones
volunteered to serve on an ad hoc committee to meet with
staff on a regular basis to expedite the relocation of Solag.
CODE ENFORCEMENT (460.40)
Mayor Friess requested that Code Enforcement investigate the
report of transients hooking up a television and lighting to
outside lights at the old Pacific Bell Telephone on E1 Camino
Real.
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CLOSED SESSION
Council recessed to a Closed Session at 8:55 p.m. for discussion
of property acquisition matters per Government Code Section
54956.8 (Swanner Ranch for Open Space Bond Issue) and pending
' litigation per Government Code Section 54956.9(a)(1) (Maurer v.
city), the City Clerk being excused therefrom, and reconvened at
9:20 p.m.
COUNCIL ACTIO
ACQUISITION OF SWANNER RANCH, RESIDENCE. AND TREE FARM
(670.20/600.40)
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the purchase agreement
and escrow instructions with Swanner & Swanner, and the
purchase agreement and escrow instructions with Swanner,
Swanner, Giese & Stanley be approved. The Executive Director
and Chairman of the Community Redevelopment Agency were
authorized to execute the documents.
There being no further business before the Council, the meeting
was adjourned at 9:20 p.m. to Tuesday, November 26, 1991, at 12:00
p.m. in the City Council Chamber to convene a Closed Session to
discuss pending litigation per Government Code Section
94956.9(a)(1) (Maurer).
ATTEST:
�r
ENNE H E. FRIESS, MAYOR
Res ectfully submitted,
CHERYL JO SO CITY CLERK
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