91-0205_CC_Minutes_Regular Meeting021
FEBRUARY 5, 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 Camy Sullivan of
the Baha'i Faith/Local Spiritual Assembly of San Juan Capistrano.
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; John R. Shaw,
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; Ronald C. Sievers, Director of Public Lands and
Facilities; Thomas G. Merrell, Director of Planning Services; Al
King, Director of Community Services; Nancy Bernardi, Recording
Secretary.
DEDICATION OF MEETING
Mayor Friess dedicated the meeting to Rose Corrigan, F. E.
Birtcher, and Fred Sutherland, three long-time residents of San
Juan Capistrano who passed away recently.
CITY-WIDE BLOOD DRIVE
David Swerdlin, head of the City blood drive for the Red Cross,
stated that he needed more volunteers for the blood drive to be
held on Friday, February 22, 1991, from 2:00 p.m. to 7:00 p.m. at
the Samaritan Hospital in San Clemente.
MINUTES
Adjourned Regular Meeting of January 8. 1991:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, that the Minutes of the Adjourned Regular Meeting of
January 8, 1991, be approved as submitted. The motion carried by
the following vote:
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AYES: Councilmen Jones, Vasquez, and Mayor Friess
NOES: None
ABSTAIN: Councilmen Buchheim and Hausdorfer
ABSENT: None
Regular Meeting of January 15 1991:
Councilman Vasquez requested clarification as to the exact motion
made by the Council initiating a legal review of the City
Manager's contract. There was a consensus of the Council that the
Minutes of January 15, 1991, be returned for approval at the
meeting of February 19, 1991, for clarification of the motion.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried that all Ordinances be read
by title only.
COUNCILMANIC ITEMS
1. COUNCIL REVIEW OF SAN JOAQUUIN HILLS TRANSPORTATION CORRIDOR
(800.50)
Councilman Buchheim and Hausdorfer left the Chamber due to
conflicts of interest.
Written Communication:
(1) Report dated February 5, 1991, from the Director of
Planning, presenting a staff analysis of concerns
relating to the Draft Environmental Impact Report;
(2) Supplemental report dated February 5, 1991, reporting
on the Response to Comments received from the
Transportation Corridor Agency Board on February 4,
1991;
(3) Letter dated January 26, 1991, from Robert King, 29422
Spotted Bull Way, requesting that the City provide bus
transportation to the Transportation Corridor Agency
public hearings in Santa Ana.
Mayor Friess gave a brief summary of the public hearing
process to date.
Bill Ramsey, Senior Planning, reviewed the issues identified
by the Council: 1) Build vs. No Build, 2) the two
alternative routes, and 3) the Agency Board's Responses to
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Comments. Staff recommended that the Council forward a
recommendation not to certify the Draft Environmental Impact
Report (DEIR) for the corridor due to the Board's inadequate
responses with regard to issues of traffic and circulation,
noise, air quality, residential relocation, land use compati-
bility, and construction impacts. Mr. Ramsey noted that if
no corridor were constructed, Interstate 5 would probably be
widened and would require additional right-of-way.
Councilman Vasquez inquired if the overall County
transportation plans included a system for mass transit along
Interstate 5. Mr. Ramsey indicated that the Agency would
address mass transit more seriously if no corridor was
approved.
Mayor Friess noted that the Transportation Corridor Agency
Board had scheduled public hearings regarding certification
of the DEIR on February 14 and 28, 1991, and on March 14,
1991, for action on the DEIR and the two alternative align-
ments.
Public Comments:
(1) Mark Clancey, 31982 Via de Linda, representing Friends
of Historic San Juan, suggested that the Council
continue the item to the meeting of February 19, 1991.
He noted that he had not yet received any response from
the Agency Board to his written comments.
(2) Richard Hill Adams, a San Juan Capistrano resident,
spoke in favor of constructing the corridor as soon as
possible since a gasoline tax had been approved by the
voters to help pay for transportation improvements.
(3) Ray Peterson, 31121 Via Santo Tomas, president of
Capistrano Gardens Homeowners Association No. 2, spoke
in opposition to the DEIR, noting that the DEIR does not
address impacts to communities adjacent to the freeway.
(4) Carlos Negrete, 27422 Calle Arroyo, inquired about
Councilman Hausdorfer's abstension in this matter. The
City Attorney explained that Councilman Hausdorfer's
wife is an employee of the Keith Company, a firm that
may perform construction work involved with the corri-
dor. He noted, however, that the firm was not on the
Agency Board's bid list and that the City was awaiting
a formal opinion from the Fair Political Practices
Commission.
(5) Ed Connor, 30651 Steeplechase Drive, spoke in favor of
the corridor and certifying the DEIR because the
corridor would alleviate traffic problems in the City.
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024
(6) Bob Davies, 27393 Paseo Ravenna, stated that it was
important that the Agency Board consider the comments
made by the Environmental Protection Agency. He felt
that the DEIR should not be certified because it did not
address the issue of water conservation and the fact
that the corridor would use a large amount of water to
compact soil and make concrete.
(7) Luvena Hayton, resident of Corona del Mar, spoke in
favor of the corridor because it would alleviate traffic
congestion on Pacific Coast Highway in Corona del Mar.
(8) Ron Greek, 32081 Via Buho, Trabuco Canyon, President of
the Saddleback Coordinating Council, expressed the
unanimous support by the Council's board of directors
for the corridor due to the need for a regional
transportation system.
(9) Bob Sweeney, 26442 Woodcrest Lane, felt that the DEIR
should not be certified because it would encouraged
growth in outlying areas and the economic benefits do
not outweigh the environmental impacts.
(10) Marsha Rudolph, 24312 Blue Ridge, E1 Toro, spoke in
favor of the confluence Alternative No. 2 for the
corridor and cited environmental impacts in her area due
to the current traffic congestion.
(11) Pamela Toomey, 29331 Applewood Court, spoke in opposi-
tion to the corridor because the increase in traffic
would continue the U.S.'s dependence on foreign oil.
Instead, she suggested that a light rail system be
considered as the first priority in improving the County
transportation system.
(12) Reed Royalty, 30205 Hillside Terrace, spoke in favor of
certifying the DEIR so that construction of the corridor
can move forward quicklty to remedy current traffic
problems.
(13) Randy Clark, 29341 Spotted Bull Way, felt that the DEIR
should not be certified because of its major impact upon
the environment and because it did not address time-
frames for construction of carpool lanes and rapid
transit.
(14) Nancy King, 29422 Spotted Bull Way, spoke in opposition
to the corridor and certification of the DEIR because
of its adverse impact upon the open space areas, the
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exclusion of biking or equestrian trails, and noise
pollution.
(15) Russell Burkett, 29520 Spotted Bull Lane, submitted
documents from a previous environmental impact reports
indicating that widening the present freeway to eight
lanes on each side would not sufficiently alleviate the
traffic problems; that goal for the corridor in 1988 was
to accommodate planned development and minimize regional
traffic; and, that current goal is to alleviate present
traffic in I-5.
(16) Tom Ahern, 26901 Canyon Crest Road, stated strong
concerns regarding the February 4, 1991, decision of
Laguna Niguel to unanimously support the confluence
Alternative No. 1. He felt that the connection of this
corridor to the proposed Foothill Corridor needed to be
addressed now.
(17) Frank Sindoni, 29982 Saddleridge, voiced opposition to
the corridor and stated concern that serious
consideration had not been given to a previous
recommendation that the tollway cross over the I-5
freeway and connect with the Foothill Corridor in the
back country.
(18) Bob King, 29422 Spotted Bull Way, submitted a letter
dated February 4, 1991, from Dean Steinke of the Village
San Juan Homeowners Association in opposition to the
corridor. He also submitted a petition with 3,008
signatures requesting that the Council oppose the
corridor because the DEIR cannot be justified, the
corridor would encourage new development, and would
create adverse impacts to the environment and quality
of life. He encouraged that alternative solutions be
sought. If the DEIR was certified, he suggested that
the City file a lawsuit to challenge the validity of the
EIR.
Council Comments:
Mayor Friess requested that the DEIR's statement regarding
an additional 45,000 cars on Interstate 5 resulting from the
new corridor be clarified by the March 14, 1991,
Transportation Corridor meeting.
Councilman Jones felt that the corridor would be growth
inducing and suggested that the City take the initiative in
recommending to the Agency Board that alternative transporta-
tion systems be studied.
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Councilman Vasquez felt there would be no long-term benefits
to the City from the construction of the corridor and that
its adverse impacts to air quality and the quality of life
would be significant. He felt that the confluence
Alternative No. 2 would be financially unfeasible and -�
stressed the need for a mass -transit system.
Mayor Friess stated that there are many problems with the
DEIR as it currently exists and that the EIR should address,
as another alternative, the integration of a light rail
system within the existing right-of-way.
Mayor Friess noted the receipt of a letter dated January 26,
1991, from Robert King, requesting that the City provide five
full-size buses for round-trip transportation for City
residents to the Transportation Corridor Agency public
hearings in Santa Ana.
Recommending DEIR Not Be Certified:
It was moved by Councilman Jones and seconded by Councilman
Vasquez that the following Resolution be adopted recommending
that the Transportation Corridor Agency Executive Board not
certify the Draft Environmental Impact Report for the
proposed San Joaquin Hills Transportation Corridor:
RESOLUTION NO 91-2-5-1 CONSIDERATION OF THE DRAFT
ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SAN
JOAQUIN HILLS TRANSPORTATION CORRIDOR - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE
TRANSPORTATION CORRIDOR AGENCY EXECUTIVE BOARD NOT
CERTIFY THE DRAFT ENVIRONMENTAL IMPACT REPORT.
The motion carried by the following vote:
AYES: Councilmen Jones, Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
Approval of Bus Transportation:
It was moved by Councilman Vasquez, seconded by Councilman
Jones, and carried with Councilmen Buchheim and Hausdorfer
absent, to provide up to five busses to San Juan Capistrano
residents interested in attending the February 14, 1991,
public hearing in Santa Ana; the number of busses provided
to be based on sign ups received at the City Clerk's office
by February 12, 1991.
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Policy Statement:
It was moved by Councilman Vasquez that the City Council
adopt a policy opposing the construction of the corridor as
proposed and that a citizens committee be appointed to assist
the Council in the development of such policy. The motion
died due to a lack of a second. Councilman Jones stated he
felt the DEIR hearing process should be completed prior to
such an action.
RECESS AND RECONVENE
Council recessed at 9:09 p.m. and reconvened at 9:29 p.m. with all
Council Members present.
PRESENTATIONS AND COMMENDATIONS
RECOGNITION OF LONG-TERM EMPLOYEES (730.90
Written Communication:
Report dated February 5, 1991, from the Assistant City
Manager, forwarding the list of employees who have served the
City for 10 and 15 years.
Mayor Friess introduced Fico Aguilera, Senior Construction
Inspector (10 years), and George Arreola, Equipment Mainten-
ance Worker (15 years), and presented them with plaques
commemorating their years of service.
PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 11-15, 1991,
AS "MISS SAN JUAN CAPISTRANO WEEK" (610.40)
Written Communication:
Report dated February 5, 1991, from the City Clerk, forward-
ing the Proclamation.
Ms. Tamara Davis, Chairperson for the 1991 Miss San Juan
Capistrano Contest, noted the upcoming Contest to be held on
February 15, 1991, at 7:00 p.m. at the Capistrano Valley
Church. Fifteen of the seventeen contestants were present
and introduced themselves.
Presentation of Proclamation:
Mayor Friess read the Proclamation in full and presented the
Proclamation to Laurie Lawson, Miss San Juan 1990.
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ORAL COMMUNICATIONS
1. APPEAL OF PLANNING COMMISSION ACTION - PLAZA DEL OBISPO
(410.60)
Mark Clancey, 31892 Via de Linda, received clarification
regarding the right to address items under the appeal that
were not specifically listed in the letter of appeal.
2. LOW-COST HOUSING (430.50)
Pauline Leonard, representing the Mary Erickson Foundation,
a non-profit organization, requested a meeting with the City
Council and/or staff to study the possibility and selection
of a suitable site for construction of low-cost rental
housing, noting that many families can no longer afford to
purchase a home. Mayor Friess and Councilman Jones offered
to meet with Mrs. Leonard on behalf of the City Council.
3. AUDIT OF CITY MANAGER CONTRACTS/LOANS (600.30)
Carlos Negrete, 27422 Calle Arroyo, noted that on January 15
Council had voted to employ an outside law firm for
preparation of an opinion regarding the loans to the City
Manager and inquired if the report had been completed. Mayor
Friess advised that the subcommittee had not reached a
decision on a firm. Councilman Jones stated that he had
requested staff to contact more firms for an interview
because he did not feel comfortable with the ones that had
been interviewed. He stated a report will be forthcoming
once the right firm had been selected. He further stated a
need to be prudent in the approach to the financial aspects
of this and to be sure the publics' concerns can be
satisfied. Councilman Jones noted the firms interviewed had
varied in the time needed to prepare a report from two weeks
to 30 days and noted he was uncomfortable with a two week
time frame because he felt a thorough job could not be done.
Mayor Friess responded to Mr. Negrete that the soonest an
action could be taken would be February 19 and the item would
be on that agenda if a decision had been reached by the
subcommittee.
Councilman Hausdorfer stated that the subcommittee should not
be given any other options but to have a recommendation ready
for the February 19 meeting; that this matter had drug on
much too long, creating doubts in peoples' minds. He asked
for a consensus that this item be agendized for the next
meeting and that action be taken no later than February 19.
He stated it was incumbent on Council to address the issue
as soon as possible. There was a consensus of Council that
the matter be agendized for the February 19, 1991, meeting.
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Councilman Vasquez requested that the issue of the contract
amounts be discussed in Closed Session, possibly coming up
with an agreement tonight that would be acceptable. The City
Attorney advised that the issue of retaining an outside
consultant in a matter like this would not qualify as either
a personnel or legal session and would not be permitted for
discussion in Closed Session under the Brown Act regulations;
any discussion would have to take place in public.
Councilman Vasquez stated he had some thoughts about the
process he would like to share.
Finding for Consideration of Off -Agenda Item:
Since the need to take action on the selection of a
legal/auditing firm arose subsequent to posting of the
Council agenda, it was moved by Councilman Vasquez, seconded
by Councilman Hausdorfer and carried with Councilman Jones
voting in the negative to discuss the item tonight.
Councilman Hausdorfer stated that this motion was the
required 4/5 vote to discuss the matter later in the meeting
and Mayor Friess stated it would be discussed following
conclusion of business listed on the printed agenda.
Susan B. Craft, 28181 Calle San Remo, noted a letter in the
Los Angeles times regarding use of the District Attorney's
Office for the legal review of the City Manager's contracts
and inquired if that was under consideration. Mayor Friess
advised the matter would be discussed later in the meeting.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated January 24, 1991, in the total
amount of $1,692,664.77, was approved as submitted.
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REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated February 5, 1991, from the Director of
Planning, regarding actions taken at the meeting of
January 16, 1991, was ordered received and filed.
3. REPORT OF EQUESTRIAN AND TRAILS COMMISSION ACTIONS (930.40)
The Report dated February 5, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of January 14, 1991, was ordered received and filed.
REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated February 5, 1991, from the Director of
Planning, regarding actions taken at the meeting of
January 24, 1991, was ordered received and filed.
5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated February 5, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of January 21, 1991, was ordered received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated February 5, 1991, from the Director of
Planning, regarding actions taken at the meeting of
January 22, 1991, was ordered received and filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated February 5, 1991, from the Director of
Engineering and Building, regarding actions taken at the
meeting of January 9, 1991, was ordered received and filed.
8. RELEASE OF FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF $44,000
FOR SUBDIVISION MONUMENTS TRACT 12954 (MARBELLA) (600.30)
As set forth in the Report dated February 5, 1991, from the
Director of Engineering and Building, obligation bond No. NA
100643 in the amount of $44,000, National Indemnity Company, ,
for Tract 12954 (Marbella), for the installation of center-
line monuments was released, based upon the work being
completed, inspected, and documented.
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RESOLUTION. QUITCLAIM OF UNACCEPTED IRREVOCABLE OFFER -
AGUACATE LANE (670.50)
As set forth in the Report dated February 5, 1991, from the
Director of Engineering and Building, the following Resolu-
tion was adopted quitclaiming the unused Irrevocable Offers
adjacent to Aguacate Lane, as requested by the affected
property owners:
649-101-01. -02, -03. -04, AND 649-311-15 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ORDERING THE QUITCLAIM
OF UNACCEPTED IRREVOCABLE OFFERS FOR ROAD RIGHT-
OF-WAY (AGUACATE LANE) WITHIN ASSESSOR'S PARCELS
NOS. 649-101-01, -02, -03, -04, AND 649-311-15.
The Mayor and City Clerk were authorized to execute the deed
for forwarding to the Orange County Recorder.
10. DENIAL OF CLAIM - SOIL SUBSIDENCE (JAMES AND DONNA RONIS)
(170.10)
The claim received by the City on January 2, 1991, from
Paula E. Meyer, attorney for James G. and Donna Ronis, in the
amount of $822,239.62 for soil subsidence at 30631 Steeple-
chase Drive, was denied, as set forth in the Report dated
February 5, 1991, from the City Attorney.
PUBLIC HEARINGS
1. PROPOSED REZONE NO. 89-05, SPECIFIC DEVELOPMENT PLAN NO.
90-01, GROWTH MANAGEMENT PLAN NO. 89-01, RIDGELINE EXCEPTION
NO. 90-01, AND ENVIRONMENTAL IMPACT REPORT NO. 90-02
(CONCORDE DEVELOPMENT) (CONTINUED) (460.20/410.50/440.50[
420.30)
Proposal:
Continuation of the public hearings of January 8, 1991, and
November 20, 1990, to allow Planning Commission and Traffic
and Transportation Commission review of the issue of the
extension and ultimate configuration of Camino Las Ramblas.
Project Applicant:
Concorde Development
19752 MacArthur Blvd., Suite 240
Irvine, CA 92715
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Property Owner
Mr. Morris Misbin
33901 Calle Borrego
San Juan Cap. 92675
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Written Communication:
(1) Report dated February 5, 1991, from the Director of
Planning, summarizing the analyses and recommendation
by the Traffic and Transportation Commission and the
Planning Commission regarding the extension and ultimate
configuration of Camino Las Ramblas.
(2) Letter dated February 4, 1991, from Dennis Nelson,
Concorde Development, requesting that the item be
continued to the meeting of February 19, 1991.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing. There being no response, it was
moved by Councilman Hausdorfer, seconded by Councilman Jones,
and unanimously carried that the public heari , be continued
to the meeting of February 19, 1991.
RECESS AND RECONVENE
Council recessed at 10:00 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 10:01 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CONSIDERATION OF EXECUTION OF AGREEMENT WITH COUNTY OF ORANGE
Written Communication:
Report dated February 5, 1991, from the Assistant City
Manager, forwarding the Agreement for Provision of Gang
Prevention and Suppression Services between the County of
Orange and the Cities of Dana Point, Laguna Niguel, and San
Juan Capistrano.
Mr. Julian gave an oral presentation, noting that the program
targets identified gang members who are on probation.
Certain police services within the City will be reduced to
cover the costs of this program. Mr. Julian recommended that
the City, in addition to the County program, develop an
appropriate contract with the City of San Clemente and
Community Service Programs, Inc. (CSP) for prevention
programs for non -gang members.
Authorization of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the Agreement for
Provision of Gang Prevention and Suppression Services between
the County of Orange and the Cities of Dana Point, Laguna
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033
Niguel, and San Juan Capistrano be authorized for a one-year
period. Staff was directed to initiate reduction of Parking
Control Officer hours from 56 to 40.
It was a consensus of the Council that staff work with the
City of San Clemente and CSP to develop a mutual prevention
program.
RESOLUTIONS SPECIFYING THE PROCESS FOR PERMITTING AND SITING
OF SOLID WASTE FACILITIES RECYCLING LESS THAN 15% OF MATERIAL
RECEIVED (ASSEMBLY BILL 2296) (810.60)
Written Communication:
Report dated February 5, 1991, from the Assistant City
Manager, forwarding two Resolutions addressing the process
in which solid waste processing facilities are approved and
sited. The action was necessary due to Assembly Bill 2296
requirements that each City approve procedures for handling
wastefacilities until the new County Integrated Waste
Management Plan is completed and approved.
Process for Facilities Serving More Than One Jurisdiction:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted:
RESOLUTION NO. 91-2-5-3, SPECIFYING PROCESS FOR
ORANGE COUNTY SOLID WASTE FACILITIES SERVING MORE
THAN ONE JURISDICTION (ASSEMBLY BILL 2296) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, SPECIFYING THE PROCESS
FOR APPROVING AND SITING IN ORANGE COUNTY SOLID
WASTE FACILITIES REUSING OR RECYCLING LESS THAN 15%
OF MATERIAL RECEIVED AND SERVING MORE THAN ONE
JURISDICTION
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez and Mayor Friess
NOES: None
ABSENT: None
Process for Facilities Serving Only One Jurisdiction:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted:
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2/5/91
RESOLUTION NO 91-2-5-4 SPECIFYING PROCESS FOR
ONE JURISDICTION (ASSEMBLY BILL 2296) - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SPECIFYING THE PROCESS FOR
APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE
FACILITIES REUSING OR RECYCLING LESS THAN 15% OF
MATERIAL RECEIVED AND SERVING ONLY ONE JURISDICTION
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
REQUEST FOR APPROVAL To AMEND AGREEMENT FOR REVISIONS TO SAN
.n.Ori+aP n,%TcnxmTATn CMAMTAMIR fgnVaAl EMERGENCY
Written Communication:
Report dated February 5, 1991, from the Assistant City
Manager, forwarding amended contract estimates with
Scientific Ecology Group, Inc. for additional services,
including incorporating recent organizational changes within
the City, changes within the County's plans, and incorporat-
ing new City staff members.
Approval of Amended Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried that the Emergency
Response Plan contractual amount with Scientific Ecology
Group, Inc. be amended, increasing costs from $9,950 to
$14,750.
CITY ATTORNEY
1. RESOLUTION APPROVING APPLICANT'S APPEAL OF PLANNING DECISION
REGARDING PROPOSED BARN LOT 67 TRACT 9382 (MAURER) (420.40)
Written Communication:
(1) Report dated February 5, 1991, from the City Attorney,
forwarding the Resolution upholding the Coral Properties
appeal, as directed by the City Council at its meeting
of January 15, 1991.
(2) Letter dated February 4, 1991, from Leonard Hampel with
the law firm of Rutan & Tucker, 611 Anton, Costa Mesa,
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035
requesting modification to the resolution submitted by
the City Attorney.
(3) Letter dated February 4, 1991, from Leonard Hampel with
the law firm of Rutan & Tucker, stating that the new
fees approved by Resolution No. 90-11-6-1 and the new
development review procedures approved by Ordinance No.
670 should not be applied to Mr. Maurer's proposed
multi -use structure.
The City Attorney advised he had not had time to review the
appellant's request and suggested the item be continued.
Mark Maurer of Coral Properties stated that if the item were
continued, the Environmental Review Board hearing on this
matter scheduled for February 13, 1991, would have to be
canceled. He expressed concern that the proposed Resolution,
as presently worded, would be detrimental to the future of
his project and recommended that the resolution written by
his attorney be accepted. The Director of Planning stated
he had no objection to proceeding with the Environmental
Review Board hearing, since the directio of Council had been
clear.
Patrick Munoz, attorney at Rutan & Tucker, representing the
applicant, felt that the Resolution written by the City
Attorney expanded upon and broadened the decision made by the
City Council.
Following discussion, Mr. Shaw and Mr. Munoz concurred that
they would be willing to work together to develop language
acceptable to both parties.
Continuation of Item:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the item be continued
to the meeting of February 19, 1991, for the attorneys to
agree on mutually acceptable language. Mayor Friess
indicated that although adoption of the Resolution would be
delayed to the Council meeting of February 19, the applicant
would not be prejudiced at the ERB hearing on February 13.
DIRECTOR OF PLANNING
1. SET _APPEAL DATE PLANNING COMMISSION DECISION OF
DECEMBER 18. 1990 - ARCHITECTURAL CONTROL 90-7. TINY'S
RESTAURANT/PLAZA DEL ORTEGA (S. ALAN SCHWARTZ & ASSOCIATES)
(410.60)
Written Communication:
(1) Report dated February 5, 1991, from the Director of
Planning, recommending that a hearing be scheduled for
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the City Council meeting of February 19, 1991, relative
to the appeal by Mark Clancey of the Planning
Commission's decision on Plaza del Ortega.
Appeal Hearing Scheduled:
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, and unanimously carried that consideration of the
appeal by Mark Clancey of the Planning Commission action of
December 18, 1990, which conditionally approved AC 90-07
(Plaza Del Ortega), be scheduled for the meeting of
February 19, 1991.
APPEAL OF DESIGN REVIEW COMMISSION ACTION OF DECEMBER 18.
_1990 SIGN PROGRAM ARCHITECTURAL CONTROL 88-4 31888 PASEO
MERCADO DE CAPISTRANO (PAYLESS SHOESOURCEI (410.60)
Written Communication:
(1) Report dated February 5, 1991, from the Director of
Planning, recommending that the Design Review
Commission's action to deny the use of Payless
ShoeSource's trademark colors of yellow and orange for
their tenant sign be affirmed;
(2) Letter dated February 4, 1991, from the appellant
requesting that the appeal be continued to February 19,
1991.
Contination of Appeal:
It was a consensus of the Council that the appeal be contin-
ued to the meeting of February 19, 1991, at the request of
the appellant.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1.
written Communication:
Report dated February 5, 1991, from the Director of Engineer-
ing and Building, recommending that the signal be reconsid-
ered by the Traffic and Transportation Commission as a
Capital Improvement Project since the intersection does not
presently meet minimum warrant criteria for installation of
a traffic signal.
Referral to Traffic and Transportation Commission:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the item be returned
to the Traffic and Transportation Commission when they
consider and prioritize Capital Improvement Projects for
recommendation into the 1991-92 budget to the City Council
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and that the signal at Las Golonodrinas be installed and its
impact evaluated prior to the installation of the signal at
Avenida Padre.
ORDINANCES
' 1. ORDINANCE ESTABLISHING SECTION 9-3.628, VEGETATION FUEL
MODIFICATION. TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING
DESIGN STANDARDS AND MAINTENANCE REGULATIONS TO CREATE FIRE
RETARDANT VEGETATION BUFFERS (ADOPTION) (420.30)
Written Communication:
Report dated February 5, 1991, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
January 15, 1991, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim,
seconded by Councilman Jones, that the following Ordinance
be adopted:
ORDINANCE NO. 682. ORDINANCE ESTABLISHING VEGETA-
TION FUEL MODIFICATION REGULATIONS - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING SECTION 9-3.628, ENTITLED "VEGETATION FUEL
MODIFICATION" TO TITLE 9 "LAND USE" OF THE MUNICI-
PAL CODE.
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
COUNCILMANIC ITEMS (CONTINUED)
1. APPOINTMENT OF ONE AT -LARGE MEMBER AND ONE ALTERNATE AT -LARGE
MEMBER TO THE MOBILE HOME PARK REVIEW COMMITTEE (110.20)
Written Communication:
Report dated February 5, 1991, from the Council Services
Manager, noting that two applications were received for
consideration.
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It was a consensus of the Council that appointments of
members to this committee be continued in order to receive
additional applications.
2. APPOINTMENT OF ONE MEMBER TO THE LOS RIOS REVIEW COMMITTEE
(110.203
Written Communication:
Report dated February 5, 1991, from the Council Services
Manager, noting that one application was received for
consideration.
Appointment to Committee:
Councilman Jones nominated John Taylor. There being no
further nominations, nominations were closed and it was moved
by Councilme Jones, seconded by Councilman Buchheim, and
unanimously tried that John Taylor be appointed to the Los
Rios Review . mmittee.
APPOINTMENT OF ONE MEMBER TO THE PLANNING COMMISSION (110.20
Written Communication:
Report dated February 5, 1991, from the Council Services
Manager, noting that the ad hoc committee consisting of
Councilmen Jones and Vasquez interviewed twenty-seven
applicants for the vacancy on the Planning Commission.
Councilman Jones nominated John Greiner, and Councilman
Vasquez nominated Nancy Ferruzzo for appointment. There
being no further nominations, nominations were closed.
Appointment to Committee:
it was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried that John Greiner be
appointed to the Planning Commission.
Councilman Jones inquired about retention of the applications
on file for this Commission. There was a consensus of the
Council that Councilmen Jones and Vasquez submit the names
of their top seven candidates for combination into a list to
remain on file.
ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY
(MARGUERITE KENNEDY LOS RIOS REVIEW COMMITTEE (110.20)
Written Communication:
Report dated February 5, 1991, from the Council Services
Manager, forwarding the letter of resignation.
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Acceptance of Resignation/Declaration of Vacancy:
It was a consensus of the Council that the resignation of
Marguerite Kennedy from the Los Rios Review Committee be
accepted and that the position be declared vacant. Staff was
directed to prepare appropriate documents to commend
Ms. Kennedy for her community service. The City Clerk was
directed to post notices of the vacancy and to advertise for
applications for the position.
5. COMMISSION STANDARDS (110.10
Mayor Friess requested that staff formulate standards for
ongoing commission activities, including member attendance,
and present them for consideration at the March 5, 1991,
meeting. Councilman Hausdorfer suggested that staff provide
the Council with the existing standards, with additions to
be recommended by the Council. Mr. Julian emphasized the
importance of establishing these standards prior to the
annual review appointments to commissions and boards.
6. ORAL REPORTS OF OUTSIDE AGENCIES
a. League of California Cities (140.201
Councilman Hausdorfer noted that a special meeting had
been scheduled for February 15, 1991, to appoint two
city members to the Regional Correctional Facilities
Commission.
It was a consensus of the Council that the City support
the appointments of Mayor Sheridan of Irvine and
Councilman Richards of Santa Ana.
GRAFFITI (560.30)
Councilman Hausdorfer requested that the graffiti on the back
of a power transformer at the old Super 7 gas station at the
corner of Del Obispo Street and Camino Capistrano be removed
as soon as possible.
2. DOWNTOWN REDEVELOPMENT (400.20
' Councilman Vasquez noted his attendance at the League
Conference. He remarked on the public participation in Santa
Barbara in the design of the City's downtown redevelopment
area and suggested that San Juan Capistrano consider a
similar type of community involvement.
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3. CAPISTRANO DEPOT (910.40)
Mayor Friess noted receipt of a memorandum from Cassandra
Walker, Community Development Manager, advising that the
Depot application to Caltrans for funding of the railroad
platform was accepted and will be presented to the California
Transportation Commission for approval. The application was
ranked 11th and has excellent possibilities for obtaining
funding.
CHOICE OF MANAGEMENT AUDIT FIRM (CITY MANAGER CONTRACTS/LOANS)
(600.30)
Earlier in the meeting the Council authorized that the selection
of a legal/auditing firm regarding the City Manager's contracts
be placed on the agenda for discussion.
Councilman Hausdorfer felt it was important to move the legal
review/audit along and urged that the Council appoint two separate
firms --one legal and the other accounting --to perform the audit
and comment on the legality. He felt is was clear that staff be
involved with the process.
Councilman Jones stated the intent had been to have an audit and
a legal analysis of the transactions that took place. He felt
that the financial audit should be conducted first, followed by
a legal analysis because that process would probably be less
expensive. Because the two legal firms interviewed had such
differing estimations of costs, he suggested that additional firms
be considered. He further stated concerns that the contract with
Brobeck, Phleger & Harrison was open ended and that performing the
work too quickly may compromise the quality of the review. He
cited concerns that all firms interviewed had loose ends from a
financial aspect.
Councilman Vasquez stated he had asked each firm interviewed to
analyze the accounts in the newspaper articles, Mr. Julian's
responses to those articles, and how the firms would proceed with
their review of the matter. He felt that the international firm
of Brobeck, Phleger & Harrison clearly identified the process they
would take, with an estimated completion date of two weeks at a
cost not to exceed approximately $10,000 - $15,000. The legal
firm of Whitmore & Kay did not place a cap on their fees and the
time period to conduct the review was much longer than the other
firm. He stated concern that staff involvement would taint the
process. He stated a need to take action.
Mayor Friess clarified that the review would be a management audit
of the City Council's actions and not an investigation of the City
Attorney or the City Manager. He felt that the estimates
received from the firms interviewed to date were very high and
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041
suggested that perhaps the District Attorney's Office could
conduct the legal review after the financial audit was completed.
Councilman Jones concurred.
Councilman Hausdorfer suggested negotiating a contract with the
financial firm of Deloitte Touche; Councilmen Jones and Vasquez
could do additional work and then recommend a legal firm to review
the audit. He felt it would be inappropriate to conduct the
reviews without staff assistance.
Selection of Auditing Firm:
It was moved by Councilman Hausdorfer and seconded by Councilman
Buchheim and carried with Councilman Vasquez voting in the
negative that the firm of Deloitte Touche be retained to conduct
the management audit of the contracts in question to determine if
there was any misuse of public funds; the subcommittee of
Councilmen Jones and Vasquez would negotiate the contract with
staff assistance.
Councilman Vasquez declined to participate in the selection of a
legal firm because he felt the transactions in question were legal
agreements and an attorney would be more qualified to direct the
audit and address specific concerns; that his objectives could not
be accomplished and that hiring just the accounting firm instead
of hiring one firm which would conduct both the accounting and
legal review simultaneously would delay the process further.
Regarding the legal firm, the City Attorney indicated that the
firm of Whitmore & Kay was one of the two top firms in the state
experienced in labor law. Councilman Hausdorfer suggested that
a contract with Whitmore & Kay be negotiated, based on the fact
that the firm is one of two eminently qualified firms and has not
performed any work for San Juan Capistrano.
Selection of Lecral Firm:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and carried with Councilman Vasquez voting in opposition
to enter into negotiations with the firm of Whitmore & Kay to do
a legal review of the contracts in question; that the contract be
brought before Council for approval of the contents and costs
involved. Councilman Jones is to work with the Assistant City
Manager to negotiate a contract and costs prior to entering into
any formal contract, with the proposed contract to be submitted
for Council consideration on February 19, 1991.
Councilman Vasquez felt that the firm would not be a good choice
because of their location and because the City would incur high
transportation and housing costs for the attorney performing the
review, with no cap on costs. He suggested that the costs be
negotiated up front.
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Discussion ensued regarding the issue of disclosure and there was
a general consensus with the City Attorney's suggestion that the
issue be discussed with Whitmore & Kay and the subcommittee and
language developed and reviewed at the next meeting.
Mr. Julian clarified that he is not involved with the process, is
not directing the activity, and has not participated with Council-
men Jones or Vasquez.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:36 p.m. to the next regular meeting date of
Tuesday, February 19, 1991, at 7:00 p.m. in the City Council
Chamber.
ATTEST:
KENNETH E. FRIESS, MA OR
Respectfully submitted,
CHERN
• ��
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