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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. -1- 11/19/91 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: -2- Councilman Jones, e following items carried by the 11/19/91 r`67 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) -3- 11/19/91 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 -4- 11/19/91 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. -5- 11/19/91 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. -6- 11/19/91 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. -7- 11/19/91 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 -8- 11/19/91 `` f3 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 -9- 11/19/91 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. -10- 11/19/91 i� , 75 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 -11- 11/19/91 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 -12- 11/19/91 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. -13- 11/19/91 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. -14- 11/19/91 x-,19 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 -15- 11/19/91 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. -16- 11/19/91 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 -17- 11/19/91 821 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. -18- 11/19/91 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 -19- 11/19/91