92-0107_CC_Minutes_Regular MeetingJANUARY 7, 1992
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California was called to order by Mayor Jones at 7:00
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Arch
Rutherford of the Coast Bible Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Jeff Vasquez, Councilman
ABSENT: Gary L. Hausdorfer, Councilman
(arrived at 7:12 P.M.)
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 December 3, 1991:
It was moved by Councilman Friess, seconded by Councilman Vasquez,
that the Minutes of the Regular Meeting of December 3, 1991, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Vasquez, and Mayor Jones
NOES: None
ABSTAIN: Councilman Harris
ABSENT: Councilman Hausdorfer
Adjourned Regular Meeting of December 10, 1991:
It was moved by Councilman Friess, seconded by Councilman Vasquez,
that the Minutes of the Adjourned Regular Meeting of December 10,
1991, be approved as submitted. The motion carried by the
following vote:
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AYES: Councilmen Friess, Harris,
Vasquez, and Mayor Jones
NOES: None
ABSENT: Councilman Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman Vasquez,
and carried with Councilman Hausdorfer absent that all Ordinances
be read by title only.
Councilman Hausdorfer arrived at 7:12 p.m.
ORAL COMMUNICATIONS (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY)
1. SOUTH ORANGE COUNTY COMMUNITY THEATER (130.80)
Ms. B. J. Scott, 26422 Brookfield, San Juan Capistrano,
president of the South Orange County Community Theater,
requested permission to temporarily house a small, 100 -seat
theater in the old Pacific Telephone building located on E1
Camino Real, noting their desire to make a presentation there
in March for the Heritage Week festivities. Mr. Julian felt
that the use would be acceptable but expressed concern
regarding the future disposition of the building. The
Council/Board of Directors generally agreed that this use of
the building was suitable, and Staff was directed to provide
a report to the Redevelopment Agency Board at the January 21,
1992, meeting. The theater group was encouraged to
participate in the Historic Downtown Center process in order
to find a permanent home in San Juan Capistrano.
2. CHRISTMAS ACTIVITIES (530.60)
Mike Darnold, 26832 Ortega Highway, and on behalf of E1 Peon,
expressed appreciation to the Council for their support and
assistance with the tree lighting and downtown Christmas
activities in December 1991.
DISPLAY AND ACCESSIBILITY OF ADULT MATERIALS (585.301
Robin Griffin, 31341 Andres Pico Road, and Rita Skora, 31942
Paseo de Elena, presented a letter dated January 6, 1992
requesting stricter controls and store supervision over
pornographic materials and their accessibility to minors.
The letter included a copy of the ordinance adopted by the
City of Mission Viejo. Ms. Skora also requested that videos
labeled with the new "NC -17" rating be moved out of the
"Family" video section of the video stores and into the adult
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section. The City Attorney was directed to review the
Mission Viejo ordinance dealing with this issue that had been
presented in terms of strengthening the City's regulations.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated December 26, 1991, in the total
amount of $4,446,932.31 was received and filed.
2. RECEIVE AND FILE CASH BALANCES BY FUND FOR NOVEMBER 1991
(330.50)
The City Treasurer's Report of Cash Fund Balances for the
month of November 1991 in the total amount of $-334,972.58
was received and filed.
3. CITY TREASURER'S REPORT OF INVESTMENTS AS OF
NOVEMBER 30. 1991 (350.30)
The City Treasurer's Report of Investments as of November 30,
1991, in the total amount of $16,475,213.70 was received and
filed.
4. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated January 7, 1992, from the Senior Management
Assistant, regarding actions taken at the meeting of December
10, 1991, was ordered received and filed.
5. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated January 7, 1992, from the Director of
Planning Services, regarding actions taken at the meetings
of December 4 and 18, 1991, was ordered received and filed.
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6.
The Report dated January 7, 1992, from the Director of
Community Services, regarding actions taken at the meeting
of December 9, 1991, was ordered received and filed.
REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.501
The Report dated January 7, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
December 11, 1991, was ordered received and filed.
8. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS
(920.20)
The Report dated January 7, 1992, from the Director of
Community Services, regarding actions taken at the meeting
of December 16, 1991, was ordered received and filed.
9. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated January 7, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
December 10, 1991, was ordered received and filed.
10. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20
The Report dated January 7, 1992, from the Director of
Engineering and Building, regarding actions taken at the
meetings of October 9, October 23, and November 23, 1991, was
ordered received and filed.
11. STATUS REPORT HISTORIC DEPICTION PROGRAM
ARCHITECTURAL CONTROL 88-09 (DOLLEY) (610.30)
The Report dated January 7, 1992, from the Director of
Planning Services, regarding approval by the Cultural
Heritage Commission at its meeting of December 10, 1991, of
the Final Working Drawings for the Historic Depiction Program
for Seaside Ranchos Development within Plaza Del Obispo, was
ordered received and filed.
12. DENIAL OF CLAIM - PERSONAL INJURY (CASIMIR A.
GRZEGORCZYK) (170.10)
The claim received by the City on December 6, 1991, from
Jeffrey S. Schwartz, attorney on behalf of Casimir A.
Grzegorczyk, for an unknown amount for bodily injuries, was
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denied, as set forth in the Report dated January 7, 1992,
from the City Attorney.
13. RESOLUTION APPROVING ADMISSION OF THE CITY OF DANA POINT
TO THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY
(600.50/ 800.501
As set forth in the Report dated January 7, 1992, from the
Assistant City Manager, the following Resolution was adopted
agreeing to admit the City of Dana Point as a member of the
Foothill/ Eastern Transportation Corridor Agency and approv-
ing Amendment No. 2 to the First Amended and Restated Joint
Exercise of Powers Agreement:
RESOLUTION NO. 92-1-7-1. APPROVING ADDITION OF CITY
OF DANA POINT TO FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR AGENCY - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE ADDITION OF THE CITY OF DANA POINT
AS PART OF THE FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR AGENCY
The following item on the Consent Calendar was considered
separately, as requested by Councilman Friess:
DENIAL OF CLAIM - EMOTIONAL STRESS (CARLOS F. NEGRETE) (170.10)
Councilman Friess stated that although Mr. Negrete has the
right to file this claim, the filing of the claim alone will
cost the City $5,000-$8,000.
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that the claim received
by the City on November 25, 1991, from Carlos F. Negrete
against City Manager Stephen Julian in the amount of
$10,000,000 for interference with freedom of speech, emo-
tional stress, trauma, and anxiety, be denied, as set forth
in the Report dated January 7, 1992, from the Assistant City
Manager.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 91-02 - ADDING FLOODPLAIN ELEMENT
TO GENERAL PLAN AND AMENDING GENERAL PLAN BIKEWAY SYSTEM
MAP TO ADD BIKEWAYS ALONG OSO AND TRABUCO CREEKS
(440.25)
Proposal•
Consideration of a the addition of a Floodplain Element to
the General Plan. The Element would establish specific goals
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and policies for the protection of life and property,
preservation and enhancement of natural creek environments,
and preservation and expansion of recreational opportunities
for the floodplain areas associated with the San Juan,
Trabuco, Oso, and E1 Horno Creeks. The proposed Amendment
included the addition of bikeways along Oso and Trabuco
Creeks to ensure consistency with the new Floodplain Element
and the County's Master Plan of County -wide Bikeways.
Written Communication:
Report dated January 7, 1992, from the Director of Planning
Services, forwarding the draft Floodplain Element for review
and outlining the Element's goals and implementation
measures.
Exhibits were on display, and Larry Lawrence, Planning
Consultant, noted that the Element assumes a proactive rather
than a reactive approach to floodplain management.
Councilman Friess noted that there would be a team approach
with the County, Flood Control and upstream cities for
construction costs. Mr. Huber indicated that discussions
are ongoing with the County and local Public Works Directors
to acquire funding assistance for the City for flood improve-
ments necessary because of impacts from upstream development.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and there being no response,
closed the hearing.
Adoption of Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Negative Declaration
be adopted on the basis of the Initial Study and comments
received that there is no substantial evidence that the new
Element will have a significant effect on the environment.
Adoption of General Plan Amendment 91-02:
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, that the following Resolution be adopted:
RESOLUTION NO 92-1-7-2. GENERAL PLAN AMENDMENT
91-02 (FLOODPLAIN ELEMENT/BIKEWAY SYSTEM) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING GENERAL PLAN
AMENDMENT 91-02, THE FLOODPLAIN ELEMENT/BIKEWAY
SYSTEM
1/7/92
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. APPROVAL OF A REQUEST TO DIVIDE A 5.2 -ACRE PARCEL INTO
SIX PARCELS AT PROPERTY LOCATED ON THE WEST SIDE OF DEL
OBISPO STREET FROM ORTEGA HIGHWAY TO FORSTER LANE -
TENTATIVE PARCEL MAP 91-143 (STROSCHER) (420.70)
Proposal:
Consideration of a request to subdivide a 5.2 -acre parcel
into six parcels, four of which are presently developed and
the remaining two consisting of portions of Del Obispo and
Forster Streets for which an easement will be granted to the
City for public right-of-way purposes.
Applicant/Property Owner:
Stroscher Properties
31882 Del Obispo Street
San Juan Capistrano, CA 92675
Written Communication:
Report dated January 7, 1992, from the Director of Planning
Services, recommending approval of the subdivision, subject
to the required dedication of an access easement for the
Historic Depiction Program site on the Sizzler property and
dedication of Parcels 5 and 6 to the City for public street
uses.
Mr. Tomlinson noted the Planning Commission concern relative
to the retaining wall between Parcels 2 and 3 which resulted
in Condition No. 3 of the Resolution of approval. He advised
that plans had been submitted this date showing the wall on
Parcel 2 and therefore, Condition No. 3 had been satisfied.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and there being no response,
closed the hearing.
Approval of Tentative Parcel Map 91-143:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
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RESOLUTION NO 92-1-7-3 APPROVAL OF PARCEL MAP
91-143 (STROSCHER) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING PARCEL MAP 91-143 FOR THE
PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF _
DEL OBISPO STREET AND ORTEGA HIGHWAY - ASSESSOR'S
PARCEL NOS. 668-242-11, 668-242-12, 124-160-49,
124-160-53, AND 124-160-54 (STROSCHER)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:50 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:53 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. IMPLEMENTATION PLAN FOR SAN JUAN CAPISTRANO'S MUNICIPAL
TO SOLID WASTE COLLECTION AGREEMENT WITH SOLAG DISPOSAL
TO PROVIDE EXCLUSIVE SOLID WASTE HANDLING SERVICES
(600.30/810.80)
Written Communication:
Report dated January 7, 1992, from the Management Assistant
I, recommending amendments to the City's Solid Waste Collec-
tion Agreement to reflect the modifications made to the
City's Municipal Solid Waste Collection Law which was adopted
on October 1, 1991 by Ordinance No. 695 and was effective
December 30, 1991. The report advised that rather than an
a new agreement, an amendment to the existing Solid Waste
Collection Agreement had been prepared because staff felt a
completely new state-of-the-art franchise agreement would be
negotiated with the expansion of the City-wide recycling
program. Until that time, amendments to the agreement would
facilitate enforcement of the new law.
Douglas Dumhart, Management Assistant I, advised that notice
of the new provisions and exemption process will be given to
residents and users of the drop -off -box service. In addition
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to mandatory subscription to the trash service, Solag's
exclusive rights pertain to drop-off boxes since the State
mandates that cities must account for the removal of all
waste in their communities.
Councilman Vasquez initiated discussion with regard to
addressing individual waste haulers in the agreement and
putting the contract out for bid. Councilman Harris
suggested that an ongoing audit be negotiated as part of the
agreement with Solag and in future recycling agreements.
Approval of Second Amendment to Solid Waste Collection
Agreement:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, to:
(1) Approve the Second Amendment to the Solid Waste
Collection Agreement establishing the rate structure for
drop-off boxes, flow control for waste stream, and
mandatory collection; and
(2) Concur with the implementation plan for Ordinance No.
695.
The motion carried with Councilman Vasquez voting in
opposition. Councilman Vasquez cited concerns that a
monopoly was being created and felt that hauling of drop-off
boxes should be sent out for bid to establish a competitive
price.
2. RESOLUTION SUPPORTING AGREEMENT FOR PARTICIPATION IN THE
FORMATION OF THE ORANGE COUNTY FIRE PROTECTION DISTRICT
(540 .80)
Written Communication:
Report dated January 7, 1992, from the Assistant City
Manager, recommending that San Juan Capistrano, as one of the
16 cities served by the Orange County Fire Department, commit
to participating in the development of an application to the
Local Agency Formation Commission for establishment of a Fire
Protection District. Participation will ensure that the City
remains actively involved in service level and policy and
budget decisions.
Mr. Scarborough noted that the District's governing board
will consist of an appointed representative from each of the
participating cities and one from the County Board of
Supervisors to ensure equal representation.
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It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION No. 92-1-7-4. AGREEMENT FOR
ORGANIZATION - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING AND AGREEING TO PARTICIPATE IN THE
FORMATION OF AN ORANGE COUNTY FIRE PROTECTION
DISTRICT AND RESOLUTION OF APPLICATION FOR THAT
CHANGE OF ORGANIZATION
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
and Mayor Jones
NOES: Councilman Vasquez
ABSENT: None
Approval of Appropriation and Direction to Staff:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that:
(1) $6,000 be appropriated from unappropriated reserve funds
for consultant services to pursue the formation of the
fire district; and
(2) City staff be directed to report the results of the
City's negotiations with the County and fiscal impacts
on the City prior to the processing of the Local Agency
Formation Commission application for the formation of
the fire district.
The motion carried with Councilman Vasquez voting in
opposition. Councilman Vasquez felt that the fire service
currently provided by the County was satisfactory and cited
opposition to creating another bureaucratic organization to
benefit the City of Irvine.
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DIRECTOR OF ADMINISTRATIVE SERVICES
1. RETIREMENT PLAN COVERAGE FOR PART-TIME. TEMPORARY, AND
SEASONAL (PTS) EMPLOYEES - OMNIBUS RECONCILIATION ACT
OF 1990 (OBRA) (720.30
Written Communication:
Report dated January 7, 1992, from the Director of Adminis-
trative Services, recommending the adoption of a deferred
compensation program, administered by ICMA Retirement
Corporation, for part-time, temporary and seasonal employees
to comply with the Omnibus Reconciliation Act of 1990. Funds
in the amount of $6,900 were budgeted to cover costs.
Establishment of a PTS Deferred Compensation Program:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 92-1-7-5. ADOPTION OF A DEFERRED
COMPENSATION PLAN FOR PART-TIME. TEMPORARY. AND
SEASONAL (PTS) EMPLOYEES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE DEFERRED COMPENSATION PLAN
FOR PART-TIME, TEMPORARY, AND SEASONAL (PTS)
EMPLOYEES
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. ACCEPTANCE OF 1990-91 AUDIT AND FINANCIAL REPORT
(310.30)
Written Communication:
Report dated January 7, 1992, from the Director of Adminis-
trative Services, forwarding the Comprehensive Annual
Financial Report for the period ending June 30, 1991, for
acceptance.
Acceptance of 1990-91 Audit and Financial Report:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the Comprehensive Annual
Financial Report for the period ending June 30, 1991, and the
examination by the City's independent auditors, Moreland and
Associates, be accepted.
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DIRECTOR OF PLANNING SERVICES
1. ALIPAZ/TRABUCO CIRCULATION AND LAND USE STUDY (590.60)
Written Communication:
Report dated January 7, 1992, from the Director of Planning
Services, forwarding the Alipaz-Trabuco General Plan
Circulation and Land Use Study and recommending that the
Council defer further work on the Alipaz/Trabuco Circulation
and Land Use Study until the Measure "M" planning process has
been completed in order to avoid duplicating staff's efforts.
Motion to Receive and File Study:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Alipaz/Trabuco
General Plan Circulation and Land Use Study be received and
filed. Staff was directed to further evaluate the Alipaz
North extension in conjunction with the development of the
City's required Growth Management Element.
2. INITIATION OF GENERAL PLAN AMENDMENT, SAN JUAN CREEK
ASSOCIATES - A PROPOSED CHANGE TO THE LAND USE ELEMENT
AND THE PUBLIC FACILITIES ELEMENT RELATING TO PUBLIC AND
Written Communication:
Report dated January 7, 1992, from the Director of Planning
Services, recommending that a General Plan Amendment be
initiated, at the request of the applicant (San Juan Creek
Associates, Ltd.). The proposed amendment would delete Land
Use Element language requiring public site dedication and
which would add language granting the City Council discretion
to determine appropriate public and institutional uses for
an 8 -acre public facility site.
Mr. Tomlinson made an oral presentation, noting that the
initiation of the amendment did not indicate an intent to
approve the proposal.
Approval to Initiate Consideration of a General Plan
Amendment:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
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RESOLUTION NO. 92-1-7-6. INITIATION OF A GENERAL
PLAN AMENDMENT TO THE LAND USE ELEMENT AND PUBLIC
FACILITY ELEMENT OF THE FORSTER CANYON PLANNED
COMMUNITY PUBLIC AND INSTITUTIONAL SITE
DEDICATION (SAN JUAN CREEK ASSOCIATES/SAN JUAN
MEADOWS) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING
CONSIDERATION OF A GENERAL PLAN AMENDMENT TO THE
LAND USE AND PUBLIC FACILITY ELEMENTS REGARDING
PUBLIC AND INSTITUTIONAL SITE DEDICATION
REQUIREMENTS FOR FORSTER CANYON PLANNED COMMUNITY
(SAN JUAN CREEK ASSOCIATES/SAN JUAN MEADOWS)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. APPOINTMENT OF BOARD MEMBER AND ALTERNATE TO THE
CAPISTRANO VALLEY WASTEWATER AUTHORITY (1040.60)
written Communication:
Report dated January 7, 1992, from the Director of Engineer-
ing and Building, citing the need to appoint one Council
member to fill former Council Member Anthony Bland's position
on the Capistrano Valley Wastewater Authority Board of
Directors. Former Council Member Lawrence Buchheim will
remain as a Board Member representing the City.
Appointment of Board Member and Alternate:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that Councilman Vasquez be
appointed to represent the City on the Authority Board of
Directors, and that the Director of Engineering and Building
be appointed as an alternate to both Councilman Vasquez and
Lawrence Buchheim.
2. APPROVAL OF CAPISTRANO VALLEY WASTEWATER AUTHORITY
RESOLUTION MODIFYING FREQUENCY OF AUTHORITY AUDITS AND
FINANCIAL STATEMENTS (1040.60)
Written Communication:
Report dated January 7, 1992, from the Director of Engineer-
ing and Building, recommending approval of the Authority's
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Resolution No. 91-1, which requires audits and financial
statements to be provided once every two years.
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that Capistrano Valley
Wastewater Authority Resolution No. 91-1 be approved
modifying the frequency of Authority audits and financial
statements.
3. ACCEPTANCE OF IMPROVEMENTS RELEASE OF IMPROVEMENT
BONDS APPROVAL OF MONUMENT BOND, AND AMENDED
YMnn^17 MVVhnVVA'T VMM - munOm 11ASF. /HTnnr..N MOUNTATN.
Written Communication:
(1) Report dated January 7, 1992, from the Director of
Engineering and Building, recommending that the
completion of private street improvements and
subdivision monuments for Tract 11826 be accepted and
that a settlement agreement be approved with Sheraton
Intercontinental for posting of a $49,000 bond to cover
any repairs due to settlement for a two-year period and
installation of tract monuments.
(2) Revised recommendations to include release of the
Improvement Bonds subject to the establishment of an
acceptable cash bond and resolution of the notice of
levy.
Acceptance of Private Improvements and Release of Sureties:
It was moved by Councilman Friess, seconded by Councilman
Vasquez, that the following Resolution be adopted accepting
the private street improvements and subdivision monuments for
Tract 11826:
RESOLUTION NO 92-1-7-7 COMPLETION OF PRIVATE
IMPROVEMENTS AND RELEASE OF SURETIES. TRACT 11826
(SHERATON INTERCONTINENTAL) - 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 CONSTRUCTION OF -
PRIVATE STREET IMPROVEMENTS AND SUBDIVISION MONU-
MENTS - TRACT 11826 (SHERATON INTERCONTINENTAL)
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The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution directed the City Clerk to file the Notice of
Completion with the County Recorder and authorized release
of the Faithful Performance Bond No. 12217 in the amount of
$233,000 and Subdivision Monument Bond No. 12216 in the
amount of $10,000.
Authorization to Execute Amended Improvement Agreement
and Release of Improvement Bonds:
It was moved by Councilman Friess, seconded by Councilman
Vasquez, and unanimously carried that:
(1) The Mayor be authorized to execute the amended Improve-
ment Agreement for Tract 11826 to require Sheraton to
provide a $49,000 performance bond for the installation
and completion of entry monument, landscaping, related
street improvements, and subdivision monuments; and
(2) The Improvement Bonds be released subject to the
establishment of an acceptable cash bond and resolution
of the notice of levy, to be approved by the City
Attorney.
DIRECTOR OF COMMUNITY SERVICES
1. AUTHORIZATION TO PURCHASE MERCHANDISE - HERITAGE
FESTIVAL (150.60)
Written Communication:
Report dated January 7, 1992, from the Director of Community
Services, reporting on the bids received for purchase of the
1992 Follow the Swallow Run merchandise and recommending that
the merchandise be purchased from Spacific Impressions in the
amount of $11,384.95.
Authorization to Purchase Heritaae Festival Merchandise:
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, and unanimously carried that the purchase of the
1992 Follow the Swallow Run T-shirts, sweatshirts, and hats
be authorized from Spacific Impressions in the amount of
$11,384.95.
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COUNCILMANIC ITEMS
RECOMMENDATION FOR APPOINTMENT TO ORANGE COUNTY HUMAN
RELATIONS COMMISSION (SONIA ADELMAN) (858.50)
Written Communication:
Report dated January 7, 1992, from the Council Services
Manager, recommending that the application of Sonia Adelman
be endorsed to represent the 5th District on the Orange
County Human Relations Commission.
Endorsement of Sonia Adelman:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the application of Sonia
Adelman be endorsed to represent the 5th District on the
Orange County Human Relations Commission. The Mayor was
authorized to notify the League of California Cities of
Ms. Adelman's endorsement by the City.
It was a consensus of the Council that Councilman Hausdorfer
continue to represent the City on the League of California
Cities City Selection Committee.
2. ORAL PRESENTATION - STATUS OF THE FORMATION OF THE
UNIVERSITY OF SAN JUAN CAPISTRANO (515.101
Councilman Friess made an oral presentation regarding the
desire of Father Ernest Sillers to establish an independent,
licensed, and accredited university of about 2,000-3,000
students in San Juan Capistrano. Father Sillers was
responsible for construction of St. Margaret's School in San
Juan Capistrano. Father Sillers envisioned the university
including an undergraduate program encompassing the San Juan
Institute, the Decorative Arts Center, a law school, and
medical school specializing in geriatrics. A non-profit
corporation was being formed for this purpose, and potential
sites in the City were being investigated. Funds are needed
in the amount of $15 million to acquire the property and to
proceed with construction.
Father Sillers had requested a formal endorsement by the City
Council and their opinion of use of the name "San Juan
Capistrano" in the university's name. No financial support
will be requested from the City, as the university will rely
on private donations and other funding.
It was a consensus of the Council that the university would
be a benefit to the City and that Father Sillers be informed
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of the Council's endorsement and support of the university
and the use of the City's name in the university's name.
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Councilman Friess noted that there are no meetings
scheduled for January.
b. San Joacruin Hills Transportation Corridor (800.50)
Councilman Friess noted that the Corridor Agency voted
at its meeting in December to reaffirm the project's EIR
and to accept the new studies required by the court.
Issues will be addressed by the court in February 1992.
C. League of California Cities (140.20)
Councilman Hausdorfer noted the first meeting of the
League of California Cities scheduled for January 9 and
a special meeting of the City Selection Committee on
January 24 to vote on the appointment to the Air Quality
Management District. It was a consensus of the Council
that Councilman Hausdorfer continue to support incumbent
Hank Wedaa.
COUNCIL COMMENTS
1. DESIGN REVIEW COMMISSION APPOINTMENT (410.60)
Councilman Harris and Mayor Jones were selected to interview
candidates for the vacancy on the Design Review Commission.
2. DESIGNATION OF OFFICIAL CITY "COWBOY POET" (610.40)
Councilman Hausdorfer requested that the City consider
designating Red Steagal of Texas, who is known for his
storytelling, as the City's Official "Cowboy Poet". Mr.
Steagal will be present during the Heritage Festival
celebration in March. It was a consensus of the Council that
a Proclamation be prepared for the meeting of January 21,
1992, designating Red Steagal as the City's Official "Cowboy
Poet"; the formal proclamation will be presented during the
Heritage Festival activities.
CLOSED SESSION
None.
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There being no further business before the Council, the meeting
was adjourned at 8:50 p.m. to the next regular meeting date of
Tuesday, January 21, 1992, at 7:00 p.m. in the City Council
Chamber.
Respectfully submitted,
CITEAYL sa f CITY CLERK
ATTEST:
GIL JONES, MAYOR
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