92-0121_CC_Minutes_Regular MeetingJANUARY 21, 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 Reverend Ronald
Bauer of St. Margaret of Scotland Episcopal Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Thomas Clark,
City Attorney (arrived at 8:25 p.m.); Barbara Zeid, Deputy City
Attorney; Cheryl Johnson, City Clerk; 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 January 7, 1992:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the Minutes of the Regular Meeting of January 7,
1992, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that all Ordinances be read by
title only.
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RESOLUTION NAMING RED STEAGALL AS SAN JUAN CAPISTRANO'S
OFFICIAL "COWBOY POET" (120.20)
Written Communications:
Report dated January 21, 1992, from the City Manager,
forwarding a resolution naming Mr. Steagall as the "Cowboy
Poet Laureate" of San Juan Capistrano, as requested by the
City Council.
Naming "Cowboy Poet":
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
RESOLUTION NO 92-1-21-1, COWBOY POET LAUREATE OF
SAN JUAN CAPISTRANO - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFERRING UPON RED STEAGALL THE TITLE
OF COWBOY POET LAUREATE OF THE CITY OF SAN JUAN
CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Mr. Steagall will be presented with a formal Proclamation
during the Heritage Festival in March. Mr. Steagall will
also ride in the Swallows Day Parade and entertain with music
and poetry at the E1 Adobe restaurant on Friday evening,
March 21.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. LOW-INCOME HOUSING/COUNTY HOUSING TASK FORCE (430.50)
Pauline Leonard, 27589 Brookside Lane, encouraged attendance
at a workshop scheduled for Wednesday morning, January 29,
1992, sponsored by the League of Women Voters. The meeting
will be held at the Crown Valley Park Community Room to
discuss the issue of low-income housing.
Councilman Friess stated that he had received a request from
Roger Stanton, Chairman of the County Board of Supervisors,
to appoint a representative from the City to participate in
the County Housing Task Force to address the issue of
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135
affordable housing. The first meeting of the Task Force is
scheduled for Wednesday, January 29, at 3:00 p.m. in Santa
Ana.
Finding for Consideration of Off -Agenda Item:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried to find that this item was
not available prior to publication of the Council agenda and
consideration was necessary at this time.
Appointment of Councilman Friess as City Representative:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that Councilman Friess be
appointed to represent the City at both the County Housing
Task Force and League of Women Voters meetings on January 29,
1992.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, 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
CITY TREASURER'S REPORT OF INVESTMENTS AS OF
DECEMBER 31. 1991 (350.30)
The City Treasurer's Report of Investments as of December 31,
1991, in the total amount of $18,475,213.70 was received and
filed.
REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated January 21, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
January 6, 1992, was ordered received and filed.
3. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated January 21, 1992, from the Director of
Planning Services, regarding actions taken at the meeting of
January 14, 1992, was ordered received and filed.
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4. RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS -
STONEHILL DRIVE LANDSCAPING, ASSEMBLY BILL 471 (KATZ)
(820.20)
As set forth in the Report dated January 21, 1992, from the
Director of Engineering and Building, the following
Resolution was adopted approving the application for state
grant funds in the amount of $79,300 for the Environmental
Enhancement and Mitigation Program for the Stonehill Drive
Landscaping:
RESOLUTION NO. 92-1-21-2, APPROVAL OF APPLICATION
FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT
AND MITIGATION PROGRAM FOR THE STONEHILL DRIVE
LANDSCAPING PROJECT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND
MITIGATION PROGRAM UNDER SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE 1989 FOR THE STONEHILL
DRIVE LANDSCAPING PROJECT
The Resolution appointed the Director of Engineering and
Building as the City's agent to conduct all negotiations and
to execute and submit all necessary documents.
5. APPROVAL OF CONTRACT FOR ONE YEAR OF STREET MARKINGS
(ORANGE COUNTY STRIPING SERVICE. INC.) (600.30)
As set forth in the Report dated January 21, 1992, from the
Director of Engineering and Building, a one-year contract
with Orange County Striping Services, Inc. was approved in
the amount of $45,000, for the period beginning July 1, 1991,
and ending June 30, 1992. Funds were budgeted in Account No.
01-6213-4420-613 for this purpose.
6. RESOLUTION ACCEPTING REVISED STORM DRAIN EASEMENT AND
As set forth in the Report dated January 21, 1992, from the
Director of Engineering and Building, the following -
Resolution was adopted accepting the revised storm drain
easement adjacent to the west and south boundary of Lot 104,
Tract 12954 due to problems with maintenance access to the
storm drain inlet:
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137
RESOLUTION NO. 92-1-21-3. ACCEPTING NEW STORM DRAIN
EASEMENT AND QUITCLAIMING EXISTING STORM DRAIN
EASEMENT WITHIN LOT 104 TRACT 12954 - MARBELLA
GOLF AND COUNTRY CLUB (TORKI) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING A STORM DRAIN EASEMENT WITHIN
LOT 104, TRACT 12954 AND QUITCLAIMING AN EXISTING
STORM DRAIN EASEMENT WITHIN LAT 104, TRACT 12954
(30481 MARBELLA VISTA, ASSESSOR PARCEL NO. 650-603-
02) (TORKI)
The Mayor and City Clerk were authorized to execute the
quitclaim, and the City Clerk was directed to forward both
documents to the County Recorder.
RESOLUTION ACCEPTING REVISED STORM DRAIN EASEMENT WITHIN
MARBELLA PLAZA FROM MARBELLA PLAZA PARTNERS FOR
ARCHITECTURAL CONTROL 89-08, AND QUITCLAIMING TO
MARBELLA DEVELOPMENT AN EXISTING STORM DRAIN EASEMENT
WITHIN MARBELLA GOLF AND COUNTRY CLUB ON RANCHO VIEJO
ROAD AT GOLF CLUB DRIVE (670.50)
As set forth in the Report dated January 21, 1992, from the
Director of Engineering and Building, the following
Resolution was adopted accepting the revised storm drain
easement within Lot 216 of Tract 12954, AC 89-08, Marbella
Plaza, and quitclaiming the storm drain easement within Lots
Z and 218 of Tract 12954, Marbella Golf and Country Club:
RESOLUTION NO. 92-1-21-4. ACCEPTING STORM DRAIN
EASEMENT OVER LOT 216 OF TRACT 12954 FROM MARBELLA
PLAZA PARTNERS AND QUITCLAIMING TO MARBELLA GOLF
AND COUNTRY CLUB AN EXISTING EASEMENT OVER LOTS Z
AND 218 OF TRACT 12954 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING FROM MARBELLA PLAZA PARTNERS
A STORM DRAIN EASEMENT WITHIN ARCHITECTURAL CONTROL
89-08 OVER LOT 216, TRACT 12954 (31101 RANCHO VIEJO
ROAD, ASSESSOR PARCEL NO. 650-592-03), AND
QUITCLAIMING TO MARBELLA GOLF AND COUNTRY CLUB AN
EXISTING STORM DRAIN EASEMENT WITHIN LOTS Z
(ASSESSOR PARCEL NO. 650-591-13) AND 218 OF TRACT
12954 (ASSESSOR PARCEL NO. 650-591-12)
The Mayor and City Clerk were
quitclaim, and the City Clerk wa
documents to the County Recorder.
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authorized to execute the
s directed to forward both
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8. DENIAL OF CLAIM - BODILY INJURY (AIMEE BELIER) (170.10)
The claim received by the City on December 20, 1991, from
Kenneth G. Belier, Jr. on behalf of Aimee Belier, for bodily
injuries, was denied, as set forth in the Report dated
January 21, 1992, from the City Attorney.
PUBLIC HEARINGS
REQUEST FOR TEMPORARY STREET CLOSURES - ANNUAL SWALLOWS
DAY PARADE SATURDAY MARCH 21. 1992 (FIESTA
ASSOCIATION) (150.60)
Proposal:
Consideration of a request for temporary street closures and
application for a parade permit for the Fiesta de las
Golondrinas Parade scheduled for Saturday, March 21, 1992,
at 11:00 a.m. Funds for providing necessary traffic control
service and sanitary facilities, which funds were allocated
in the 1991-92 Public Lands and Facilities and Engineering
and Building budgets.
Written Communication:
Report dated January 21, 1992, from the Director of
Engineering and Building, detailing the parade route and
temporary street closures.
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 Street Closures and Parade Permit:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried to approve the temporary
street closures for the Fiesta de las Golondrinas Parade on
Saturday, March 21, 1992, and the issuance of a parade permit
to the San Juan Capistrano Fiesta Association.
2. ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDAR YEARS
1993-95 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM) (440.50)
Proposal:
Hearing held in accordance with Section 9-7.09(b) of the
Municipal Code to set the numerical limit on the number of
residential building permits that may be issued for each of
the three subsequent calendar years. The numerical limits
provide for residential growth of not more than 400 units per
year for non-exempt projects.
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Written Communication:
Report dated January 21, 1992, from the Director of Planning
Services, recommending that the numerical limit be set at 400
units per year.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and there being no response,
closed the hearing.
Establishment of Numerical Limits:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted establishing
the numerical limits for calendar years 1993-95 at 400 units
per year:
RESOLUTION NO. 92-1-21-5. ESTABLISHMENT OF NUMERI-
CAL LIMITS - 1993. 1994 AND 1995 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SETTING NUMERICAL LIMITS
PER TITLE 9, CHAPTER 7, SECTION 9-7.08(b) OF THE
MUNICIPAL CODE, FOR RESIDENTIAL DWELLING UNIT
BUILDING PERMITS TO BE ALLOCATED FOR THE CALENDAR
YEARS 1993, 1994, AND 1995
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT -
VAQUERO WEST MERCANTILE (SAN JUAN SALOON) (400.20)
Proposal:
Hearing conducted jointly with the Community Redevelopment
Agency to consider a proposed lease agreement with Vaquero
West Mercantile for the San Juan Saloon property.
Written Communication:
Report dated January 21, 1992, from the Community Development
Manager, recommending that the public hearing be continued
to the meeting of February 4, 1992, to allow additional time
for the receipt of information regarding necessary structural
repairs to the building and an analysis of the need for
asbestos encapsulation in the building.
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GUM
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and there being no response, it
was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the public hearing be
continued to the meeting of February 4, 1992.
RECESS AND RECONVENE
Council recessed at 7:15 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:17 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APPROVAL OF CONCEPT TO FORM JOINT POWERS AUTHORITY FOR
MUNICIPAL SOLID WASTE MANAGEMENT (600.50)
Written Communication:
Report dated January 21, 1992, from the Management Assistant
I, recommending that the City approve the concept of forming
a Joint Power Authority for Municipal Solid Waste Management
to facilitate compliance with Assembly Bill 939, which
mandates that the City reduce 25% of its solid waste stream
by 1995, and 50% by the year 2000. Since the City shared
common solid waste management interest and demographics that
could be addressed jointly, staff from the cities of Dana
Point, Laguna Niguel, San Clemente, and San Juan Capistrano
had worked to develop the concept for the formation of the
Joint Powers Authority.
Mayor Jones expressed concern that the City bears the burden
of waste hauling for other cities. Councilman Hausdorfer
noted the Council's sensitivity to the issues involved and
there was a general consensus that Mayor pro tem Friess
prepare a letter to surrounding cities setting forth the
City's position.
Approval of JPA Concent:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the concept of forming
the Joint Powers Authority for Municipal Solid Waste Manage-
ment be approved. Staff was directed to prepare a final
agreement for Council approval.
2. CONSIDERATION OF ORDINANCE PROHIBITING GASOLINE -POWERED
LEAF AND DEBRIS BLOWERS (530.10)
Written Communication:
Report dated January 21, 1992, from the Assistant City
Manager, stating that a petition had been submitted to the
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Council requesting that gasoline -powered leaf blowers be
banned in the City due to noise and air pollution. Staff
recommended that instead of prohibiting the blowers,
homeowners associations be encouraged to enact restrictions
on their use. The report advised that the League of
California Cities was instituting an effort at the State
level to address the issue and addressed issued regarding
enforcement of a ban on the equipment in the City.
Motion to Decline Introduction of Ordinance:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the introduction of an
ordinance to prohibit gasoline -powered leaf and debris
blowers be declined and that homeowners associations be
encouraged to enact restrictions, if so desired, regarding
the use of these machines.
3. ESTABLISHING REVISED SALARY RANGES FOR RECREATION AIDES
(AFTER-SCHOOL AND MOBILE RECREATION PROGRAMS) (700.20)
Written Communication:
Report dated January 21, 1992, from the Assistant City
Manager, recommending that the minimum wage of $4.25 be added
to the existing Recreation Aide pay scale to include two
additional steps. The action will decrease salary expenses.
Mr. Julian made a brief oral presentation and noted that 16 -
year -old persons will be eligible for employment in the
programs.
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 92-1-21-6, AMENDING RESOLUTION NO.
89-10-17-3. THE CITY'S PERSONNEL CLASSIFICATION
AND COMPENSATION PLAN (RECREATION AIDE AND
RECREATION LEADER POSITIONS) - 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 (RECREATION AIDE AND RECREATION
LEADER POSITION)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
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The Resolution set the following pay range:
Written Communication:
Report dated January 21, 1992, from the City Manager,
recommending that the City participate with the Cities of
Mission Viejo, Dana Point, Laguna Hills, Laguna Niguel, and
Lake Forest in the employment of Hughes, Heiss & Associates
to prepare a report evaluating the costs and benefits of
alternative systems for delivering law enforcement services
within South Orange County. Full cost of the study is
$69,000, and will be funded by the cities involved on a per
capita basis.
Authorization to Participate in Study:
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, and unanimously carried that:
(1) The City participate with the Cities of Mission Viejo,
Dana Point, Laguna Hills, Laguna Niguel, and Lake Forest
in the employment of Hughes, Heiss & Associates to
prepare a report and recommendations relating to law
enforcement services within South Orange County; and
(2) Funds be appropriated in the amount of $6,992 from
uncommitted reserves as the City's share in the study.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. RESOLUTION AWARDING SERIES A OF 1992 GENERAL OBLIGATION
BONDS IN THE PRINCIPAL AMOUNT OF $6,955,000 (OPEN SPACE
BONDS) (BANK OF AMERICA) (340.20)
Written Communication:
Report dated January 21, 1992, from the Director of
Administrative Services, recommending that Series A of the
1992 General Obligation Bonds in the amount of $6,955,000 be
awarded to the best bidder.
Mr. Bentz announced that out of 19 major bids received, Bank
of America was the successful bidder. He also noted the
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Step 1
Step 2
Sten 3
Sten 4
Sten 5
Recreation Aide:
$4.25
$4.46
$4.68
$4.91
$5.16 _
Recreation Leader:
6.16
6.47
6.79
7.13
7.49
Sr. Rec. Leader:
8.18
8.61
9.05
9.51
9.99
PARTICIPATION WITH
THE CITIES OF
MISSION
VIEJO,
LAGUNA
Written Communication:
Report dated January 21, 1992, from the City Manager,
recommending that the City participate with the Cities of
Mission Viejo, Dana Point, Laguna Hills, Laguna Niguel, and
Lake Forest in the employment of Hughes, Heiss & Associates
to prepare a report evaluating the costs and benefits of
alternative systems for delivering law enforcement services
within South Orange County. Full cost of the study is
$69,000, and will be funded by the cities involved on a per
capita basis.
Authorization to Participate in Study:
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, and unanimously carried that:
(1) The City participate with the Cities of Mission Viejo,
Dana Point, Laguna Hills, Laguna Niguel, and Lake Forest
in the employment of Hughes, Heiss & Associates to
prepare a report and recommendations relating to law
enforcement services within South Orange County; and
(2) Funds be appropriated in the amount of $6,992 from
uncommitted reserves as the City's share in the study.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. RESOLUTION AWARDING SERIES A OF 1992 GENERAL OBLIGATION
BONDS IN THE PRINCIPAL AMOUNT OF $6,955,000 (OPEN SPACE
BONDS) (BANK OF AMERICA) (340.20)
Written Communication:
Report dated January 21, 1992, from the Director of
Administrative Services, recommending that Series A of the
1992 General Obligation Bonds in the amount of $6,955,000 be
awarded to the best bidder.
Mr. Bentz announced that out of 19 major bids received, Bank
of America was the successful bidder. He also noted the
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City's excellent Standard & Poor's rating, allowing the City
to receive a favorable interest rate of 6.1999% for the
bonds.
Award of General Obligation Bonds:
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, that the following Resolution be adopted awarding
Series A 1992 General Obligation Bonds in the amount of
$6,955,000 to Bank of America:
RESOLUTION NO. 92-1-21-7, AWARDING SERIES A OF 1992
GENERAL OBLIGATION BONDS (OPEN SPACE PROGRAM - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AWARDING SERIES A OF
1992 GENERAL OBLIGATION BONDS IN THE PRINCIPAL
AMOUNT OF $6,955,000 TO THE BEST BIDDER AND RE-
JECTING ALL OTHER BIDS AND RATIFYING ALL ACTIONS
OF STAFF HERETOFORE TAKEN
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF PLANNING SERVICES
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated January 21, 1992,
Services, advising that four
were received by the City
December 3, 1991.
from the Director of Planning
new development applications
since the last report of
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris and unanimously carried to receive and file the
report.
CONSIDERATION OF APPROVAL OF CALTRANS COOPERATIVE
AGREEMENT TO EXPAND THE JUNIPERO SERRA PARK AND RIDE
FACILITY (600.50)
Written Communication:
Report dated January 21, 1992, from the Director of Planning
Services, recommending that the request from CalTrans for the
City to enter into an agreement with CalTrans and the Orange
County Transportation Authority (OCTA) be conditionally
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approved for the expansion of the existing Park -and -Ride
facility located at Interstate 5 and Junipero Serra. The
agreement stipulates that the OCTA will provide funding in
the amount of $150,000, CalTrans will design and build the
project, and the City will donate a small parcel of land
within the project area.
Approval of Cooperative Agreement:
It was moved by Councilman Harris, seconded by Councilman
Friess, that the following Resolution be adopted approving
the Cooperative Agreement:
RESOLUTION NO 92-1-21-8, AUTHORIZING COOPERATIVE
AGREEMENT TO EXPAND THE PARK AND RIDE FACILITY AT
THE I-5 FREEWAY AND JUNIPERO SERRA ROAD - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR
TO SIGN A COOPERATIVE AGREEMENT BETWEEN THE CITY,
STATE OF CALIFORNIA, AND THE ORANGE COUNTRY
TRANSPORTATION AUTHORITY TO EXPAND THE PARK-AND-
RIDE FACILITY AT I-5 AND JUNIPERO SERRA
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. APPROVAL OF SELECTION PROCESS FOR CONSULTANT ENGINEERING
DESIGN SERVICES (600.10)
Written Communication:
Report dated January 21, 1992, from the Director of
Engineering and Building, advising that hiring a plan check
team of consultants under long-term contracts rather than
soliciting proposals on a case-by-case basis would be more
cost effective and improve staff efficiency.
Mr. Huber noted that revisions to contractors' rates could
be negotiated by the Director of Engineering and Building
annually and that the contracted work would expedite the
Engineering staff's workload.
Councilman Vasquez expressed concern that 4 -year contracts
would be detrimental to new contractors in the City and
suggested that bids be solicited annually and reviewed by the
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Council. Mr. Huber explained that if a contracted consultant
went out of business or relocated, new bids for the number
of consultant vacancies would be solicited; to renegotiate
new contracts annually would be difficult and time consuming
to administer.
Following discussion, the Council generally felt that the
contract term should be for four years and that the Director
of Engineering and Building be allowed to use his discretion
in reviewing the consultant list on an annual basis.
Approval of Consultant Plan Check Team Process and
Request for Proposal and Consultant List:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that:
(1) The consultant plan check team process, as outlined in
the Staff Report, be approved;
(2) The Request for Proposal and Consultant List be
approved; and
(3) The Director of Engineering and Building be authorized
to solicit proposals.
DIRECTOR OF COMMUNITY BERVICEB
STATUS REPORT - PARK NAMING PROCESS FOR NEWLY DEVELOPED
PARK AT ALIPAZ STREET AND CALLE LUCANA (920.40)
Written Communication:
Report dated January 21, 1992, from the Director of Community
Services, advising that the naming of this park did not fit
the established public park naming policy and the Parks and
Recreation Commission had invited public participation in the
naming process for the newly developed park at Alipaz Street
and Calle Lucana. Deadline for submissions to the Community
Services Department was Friday, January 24, 1992; a
recommendation is to be forwarded to Council at its meeting
of February 18; and a dedication ceremony for the park was
tentatively scheduled for Saturday, March 28.
With the concurrence of Council, Mayor Jones ordered the
Report received and filed.
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6!
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE DESIGN REVIEW
COMMISSION (TOM BREEN) (410.60)
Written Communication:
Report dated January 21, 1992, from the Council Services
Manager, noting that the vacancy had been advertised and four
applications were received.
Appointment of Member:
It was moved by Councilman Harris, seconded by Councilman
Hausdorfer, and unanimously carried that Tom Breen be
appointed to the vacancy on the Design Review Commission.
ORAL REPORTS OF OUTSIDE AGENCIES
a. League of California Cities (140.20)
Councilman Hausdorfer noted
uled for Friday, January 24
of Orange Council Chambers
the Air Quality Management
which Councilman Hausdorfer
Wedaa, as directed by the
January 2, 1992.
COUNCIL COMMENTS
1. CITY INVESTMENTS (350.30)
the special meeting sched-
4, at 7:30 a.m. in the City
regarding the selection of
District representative, at
will support incumbent Hank
Council at the meeting of
Councilman Hausdorfer inquired regarding the involvement of
outside advisors with the investment of City funds.
Mr. Bentz explained that only he decides how the City's funds
should be invested, as determined by the daily cash position,
and that no brokerage houses are used. Currently none of the
City's investments exceed one year, and 90% are in local
agency investment funds. There are some short-term
Certificate of Deposits to meet cash flow needs.
2. TRAFFIC SIGNAL AT VILLAGE ROAD/RANCHO VIEJO ROAD (VILLAGE SAN
JUAN) (590.50)
Councilman Friess requested an update regarding the installa-
tion of a traffic signal at the intersection of Village Road
and Rancho Viejo Road. Mr. Huber explained that the funding
for this signal is dependent upon receipt of Measure M funds
and meeting certain requirements such as the completion of
a Pavement Management Program and a Growth Management Element
to the General Plan. Additionally, since Measure M has been
challenged in the courts, there will be no release of funds
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until the case is resolved sometime in May or June 1992.
Concept plans have already been funded and are currently
being finalized, with the design phase to follow upon receipt
of Measure M funding. Councilman Friess suggested that staff
remain in contact with the Village San Juan Homeowners
Association to apprise them of the project's progress and to
request that they remain conscious of the hazardous condi-
tion.
It was a consensus of the Council that staff investigate what
temporary measures could be taken to alleviate the problems
at this intersection.
RANCHO CAPISTRANO COMMUNITY CHURCH USE PERMIT 91-13,
VARIANCE 91-7, SITE PLAN 91-26 (CRYSTAL CATHEDRAL
MINISTRIES/SCHULLER) (440.40)
Councilman Friess advised he had learned of the Orange County
Planning Commission action on the Rancho Capistrano Community
Church Continuing Care Community too late for inclusion on
the published Agenda and requested Council discussion of that
action in terms of a possible appeal. He stated the
discussion was necessary at this time because the appeal
period will end Friday, January 24.
Finding for Consideration of Off -Agenda Item:
It was moved by Councilman Friess, seconded by Mayor Jones,
and unanimously carried to find that this item was not
available prior to publication of the Council agenda and
consideration was necessary at this time.
Mr. Julian discussed the action taken by the County Planning
Commission regarding the Rancho Capistrano Community Church
Continuing Care Community, which is located within the City's
Sphere of Influence along Camino Capistrano at the northern
City limits. Consideration has been given to annexing the
property to the City of San Juan Capistrano. The Council was
provided with a letter dated January S, 1992, to the County
Environmental Management Agency from the City's Director of
Planning Services, which forwarded the recommendations of the
two Commissions. Mr. Julian noted the sensitivity of the
issue, as well as the applicant's options to request a change
in the property's Sphere of Influence from San Juan
Capistrano to Laguna Niguel and subsequently annex into
Laguna Niguel.
Mr. Tomlinson noted that the County Planning Commission voted
to condition the project as recommended by the City's
Planning Commission and Design Review Commission with two
exceptions, one being the Design Review Commission request
to reduce the independent living facility to two stories and
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the other being that the 3 -foot height variance not be
approved. Mr. Tomlinson discussed recommendations made by
the City's Planning Commission, focusing on building mass,
and the Design Review Commission, focusing on architectural
modifications to mitigate the impacts from building mass.
He advised that the applicant concurred with the decision of
the County Planning Commission and had indicated a
willingness to work with City staff regarding the
architectural design elements for the project.
Councilman Friess expressed concern that wording in the
letter of January 8 relating to the Design Review commis-
sion's authority could have been discounted by the County
Planning Commission. Mayor Jones concurred but felt that an
appeal of the decision would be counter-productive for the
City with regard to future annexation.
Councilman Vasquez voiced support of the recommendations made
by the Design Review Commission due to their reflection of
the City's development standards and the project's highly
visible "entrance" location to the City. He felt that an
appeal of the County's decision would be appropriate in order
to communicate the importance of City standards to the County
Planning Commission.
Councilman Hausdorfer felt that an appeal would be unsuccess-
ful and noted that the majority of the City Commissions'
recommendations prevailed. He suggested that the project's
annexation into the City be encouraged and that staff and
elected City officials work with the applicant to modify the
negative impacts of the project.
Councilman Harris stated that the Design Review Commission
was aware of its authority with regard to massing. He
suggested that the Design Review Commission's desire to have
more authority in that area be reviewed by the Council at a
future meeting.
Following Council discussion, Councilman Friess concurred
that an appeal would not be worth the effort and may
ultimately be detrimental to the City. He requested that in
the future, before letters forwarding recommendations from
the City are sent they be reviewed by the City Council or -
Mayor.
It was a consensus of the Council that the City not appeal
the County Planning Commission's decision on this matter.
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CLOSED SESSION
Council recessed to a Closed Session at 8:50 p.m. for discussion
of legal matters per Government Code Section 54956.9(a)(1)
(Maurer/Coral Properties v. City), the City Clerk being excused
therefrom, and reconvened at 9:30 p.m.
COUNCIL ACTIONS
1. SETTLEMENT OF MAURER/CORAL PROPERTIES LITIGATION (640.30)
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the City Attorney be directed to execute the
Stipulation for Judgment in the matter of Maurer/Coral
Properties v. City. The motion carried, with Councilmen
Friess and Vasquez voting in opposition.
There being no further business before the Council, the meeting
was adjourned at 9:30 p.m. to Wednesday, January 22, 1992, at 2:00
p.m. in the City Council Chamber to conduct interviews of
candidates for the City Attorney position.
ATTEST:
a-I1,-JOl MAYOR
Respectfully submitted,
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I, •