91-0305_CC_Minutes_Regular MeetingMARCH 51 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 7:10
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Richard
Gruen of the Capistrano Valley Church.
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; Al King, Director of Community Services; Tom Tomlin-
son, Planning Manager; Nancy Bernardi, Recording Secretary.
MINUTES
The Minutes of the meetings of February 19, 1991, and February 25,
1991, will be submitted for approval on March 19, 1991,
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that all Ordinances be read by
title only.
PRESENTATIONS AND COMMENDATIONS
1. RECOGNITION OF FORMER LOS RIOS REVIEW COMMITTEE MEMBER
(MARGUERITE KENNEDY) (610.40)
Written Communications:
Report dated March 5, 1991, from the Council Services
Manager, advising that Marguerite Kennedy had served on the
Los Rios Review Committee for over 6 years.
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Presentation of Commendation:
Mayor Friess presented Ms. Marguerite Kennedy with a plaque
in recognition of her six-year term as a member of the Los
Rios Review Committee.
Findings for Consideration of Off -Agenda Item:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, 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.
PROCLAMATION DESIGNATING MARCH 16-24, 1991. AS "PRIDE
IN AMERICA" WEEK (610.40)
Approval of Proclamation:
Mayor Friess read the Proclamation in full and it was moved
by Councilman Jones, seconded by Councilman Hausdorfer, and
unanimously carried to approve the Proclamation designating
March 16-24, 1991 as Pride in America Week in recognition of
the country's participation in the Persian Gulf War and
encouraging national pride and patriotism within the
community. The Proclamation will be sent to the President
of the United States.
LETTER OF APPRECIATION TO MARINES FOR JOB WELL DONE IN GULF
CONFLICT (610.25)
Councilman Jones submitted a letter for the Mayor's signature
to Lt. General W. E. Boomer, Commanding General of the Marine
Corps, indicating the City's appreciation for the service
performed by the Marine Corps in the Persian Gulf War.
There was a consensus of the Council to approve the letter
for forwarding to Lt. General Boomer on behalf of the City
Council and the community.
The Director of Community Services announced that the
Community Fair, which was postponed due to rain on March 2,
is scheduled for Saturday, March 16, 1991, at Cook Park. All
activities will remain as originally scheduled, with the
exception of the 10K Run, which was held as planned on
March 2. The Fair will also include Pride in America Week
activities.
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ORAL COMMUNICATIONS
1. CITY-WIDE BLOOD DRIVE (140.70)
David Swerdlin, 26172 Via de Toledo, presented a list of
residents who donated blood during the Blood Drive held to
support the war effort. Mayor Friess expressed appreciation
to Mr. Swerdlin for his efforts.
2. NUISANCE ABATEMENT (450.70)
Tom Erin, 32371 Alipaz Street, noted the weeds and unsafe
condition of the abandoned swim facility on Alipaz Street.
Staff was directed to investigate and provide a response to
Council and Mr. Erin.
PORNOGRAPHIC MATERIALS (585.30)
The following persons addressed Council:
Mrs. Skora, 31942 Paseo de Elena, expressed concern regarding
the easy access by children to pornographic magazines at
several establishments in the City and requested that the
City take action to regulate their display. Staff was
directed to investigate how other communities handle this
problem and to report the findings back to Council and
Mrs. Skora.
Ann Cardoza, 26451 Calle Lucana, also cited concerns and
submitted a list of establishments within the City that
display pornographic magazines within easy reach of children.
Staff was directed to respond to Ms. Cardoza.
4. CITY MANAGER CONTRACT/LOANS (600.30)
Susan Becraft, 28181 Calle San Remo, was advised that a
letter requesting an investigation of the matter had been
forwarded to the District Attorney but an official response
to the request had not yet been received.
Kathy Holmes, 31851 Paseo La Branza, expressed appreciation
to the community volunteers for their hard work during the
10K run on March 2 and encouraged more citizens to partici-
pate in community events. Councilman Buchheim commended the
hispanic group representing San Juan Elementary School for
their participation in the IOK run.
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CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, 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 February 21, 1991, in the total
amount of $744,964.95, was approved as submitted.
2. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
_The Report dated March 5, 1991, from the Senior Management
Assistant, regarding actions taken at the meeting of
February 26, 1991, was ordered received and filed.
3. REPORT OF EQUESTRIAN AND TRAILS COMMISSION ACTIONS (930.40)
The Report dated March 5, 1991, from the Director of Commun-
ity Services, regarding actions taken at the meetings of
January 28 and February 11, 1991, was ordered received and
filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated March 5, 1991, from the Director of Commun-
ity Services, regarding actions taken at the meeting of
February 19, 1991, was ordered received and filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.201
.The Report dated March 5, 1991, from the Director of Engin-
eering and Building, regarding actions taken at the meetings
of January 23 and February 13, 1991, was ordered received and
filed.
6. AWARD OF CONTRACT 1991 WEED ABATEMENT PROGRAM (600.30)
As set forth in the Report dated March 5, 1991, from the
Director of Public Lands and Facilities, the bid for the
abatement of weeds and refuse, in accordance with Ordinance
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No. 348, was accepted as complete and was awarded to Ed
Stewart Custom Weed Abatement in the amount of $31,411.55.
The program will commence in May and will be completed by
July 1991. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
7. APPROVAL OF FINAL MAP AND RESOLUTION AMENDING CONDITIONS OF
APPROVAL - NORTH TERMINUS OF VIA ESTELITA, PARCEL MAP 89-199
(HARTMAN) (420.701
As set forth in the Report dated March 5, 1991, from the
Director of Engineering and Building, Final Map 89-199 for
a two -lot subdivision at the northerly terminus of Via
Estelita was approved, based on the finding that the Map is
in conformance with all provisions of the subdivision
requirements and the Subdivision Map Act. In addition, the
following Resolution was adopted rescinding Condition No. 1
of Resolution No. 90-1-16-4 to enter into an Improvement
Agreement for construction of a portion of the cul-de-sac of
Via Estelita, since a previous subdivision supplied financial
participation for that construction:
ESOLUTION NO. 91-3-5-1. ELIMINATING CONDITION NO.
1 OF RESOLUTION NO. 90-1-16-4 - TENTATIVE PARCEL
MAP 89-199 (HARTMAN) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ELIMINATING CONDITION NO. 1 OF
RESOLUTION NO. 90-1-16-4 WHICH APPROVED TENTATIVE
PARCEL MAP 89-199 (HARTMAN)
The City Engineer and City Clerk were authorized to execute
the Map for forwarding to the Orange County Recorder.
8. RESOLUTION APPOINTING CITY REPRESENTATIVES TO SERRA BOARD AND
PRE-TREATMENT PROGRAM POSITIONS (1040.60)
As set forth in the Report dated March 5, 1991, from the
Director of Engineering and Building, the following
Resolution was adopted appointing Councilman Buchheim and
William Huber as the City's representative and alternate,
respectively, to the SERRA Board and appointing William Huber
as the staff representative for Pre -Treatment Program issues:
RESOLUTION NO. 91-3-5-2. APPOINTING CITY
REPRESENTATIVES TO SOUTH EAST REGIONAL RECLAMATION
AUTHORITY - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPOINTING BOARD MEMBERS TO SERVE AT MEETINGS UNDER
THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY
CONTRACT AND THE CITY'S WASTE DISCHARGE PRE-
TREATMENT PROGRAM STAFF REPRESENTATIVE
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070
The following items listed on the Consent Calendar were considered
separately.
RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT - SAN JUAN HOT
SPRINGS DANCE HALL ADDITION (MAC GROUP) (600.30)
In response to Councilman Jones, the Director of Engineering
and Building indicated that the Stop Notice in the amount of
$2,465 would be retained by the City until the Notice to
Withhold has been resolved between the State Labor
Commissioner and Mac Group.
As set forth in the Report dated March 5, 1991, from the
Director of Engineering and Building, it was moved by
Councilman Hausdorfer, seconded by Councilman Jones, that the
following Resolution be adopted declaring the construction
of the San Juan Hot Springs Dance Hall addition by Mac Group
to be complete:
RESOLUTION NO. 91-3-5-3. COMPLETION OF SAN JUAN
HOT SPRINGS DANCE HALL ADDITION (MAC GROUP) - 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 THE SAN JUAN HOT SPRINGS DANCE HALL
ADDITION (MAC GROUP)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
The Resolution accepted the work as complete in the amount
of $32,495 and directed the City Clerk to forward a Notice
of Completion to the County Recorder. Staff was authorized
to retain $2,465 for the Stop Notice until the Notice to
Withhold from the State Labor Commissioner has been resolved.
Staff was authorized to release the balance of the retention
in the amount of $795.97 thirty-five (35) days after
recording the Notice of Completion.
Mayor Friess abstained from voting on this item due to a
conflict of interest.
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As set forth in the Report dated March 5, 1991, from the
Director of Engineering and Building, it was moved by
Councilman Hausdorfer and seconded by Councilman Buchheim
and carried with Mayor Friess abstaining, that the Final Map
for Tract 13532 (Marbella Villas) and Improvement Agreement
be approved and the drainage easement accepted, based on the
finding that the Map is in conformance with the Subdivision
Map Act. The City Engineer and City Clerk were authorized
to execute the Map, and the Mayor and the City Clerk were
authorized to execute the Improvement Agreement for
forwarding to the Orange County Recorder.
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:
This Hearing was continued from
1991, to consider the land us
Environmental Impact Report for
the northerly terminus of Camino
of the extension of and ultimate
Ramblas.
Proiect Applicant:
Concorde Development
19752 MacArthur Blvd., Suite 240
Irvine, CA 92715
rhe meeting of February 19,
P applications, the Final
rhe 99 -acre site located at
Las Ramblas, and the issue
configuration of Camino Las
Property Owner
Mr. Morris Misbin
33901 Calle Borrego
San Juan Capistrano
Written Communication:
Report dated March 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, as measured by the road's benefit to the commun-
ity and resultant environmental impacts. . The Commissions
determined that the future extension of Camino Las Ramblas
has a moderate significance to the community. Staff felt
that a moderate benefit did not compensate for the
significant unavoidable environmental impacts that would
result from implementing the proposed project.
Thomas Tomlinson, Planning Manager, made an oral
presentation.
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Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons respon-
ded in favor of the proposed project:
(1) Dennis Nelson, Director of Planning for Concorde
Development, submitted the following documents on behalf
of the applicant:
(a) Memo dated March 5, 1991, to the Council from
Dennis Gage, President of Concorde Development,
with a chronology of the public hearings and
meetings held to date regarding the proposed
project. The memo included a comparative analysis
of grading between the proposed project and the
Connemara and Marbella developments.
(b) Letter dated March 5, 1991, to the Council from
Mr. Nelson, setting forth a history of project
entitlement efforts to date and listing adverse
impacts and the infeasibility of mitigation
requirements. The letter further cited reasons to
approve a Statement of Overriding Considerations,
and noted the project's compliance with the City's
Land Use Element, the General Plan, and ridgeline
grading.
(c) Letter dated March 1, 1991, to Dick Bobertz,
Interim Land Use Manager, from Mr. Nelson regard-
ing unpaid development fees.
Mr. Nelson discussed the following points on behalf of
the applicant:
(a) Directions given by the Council regarding density
and grading within the 200 -foot buffer zone and
the revisions made by the applicant since the
October 1990 public hearing.
(b) At the November 20, 1990, Council meeting the issue
of Camino Las Ramblas was raised, but stated no
further direction was given by the Council to
modify the plans.
(c) The Planning Commission and the Traffic and
Transportation Commission both found the extension
of Camino Las Ramblas to be of moderate benefit to
the community.
(d) with regard to the requirement for a Statement of
Overriding Considerations, other projects such as
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0'73
Marbella and Connemara were not required to provide
this document, despite having "unavoidable adverse
impacts," because of the mitigation measures they
provided. The proposed project impacts only 40%
of the site, with no impacts on the ridgelines,
and has a minimum lot size of 7,500 square feet.
(e) Photographs depicting types of landscaping that
would mitigate the aesthetic impacts of landform
alteration were displayed.
(f) Benefits derived from the project for the commun-
ity include school district fees, park fees, a
large water line, property and sales tax revenues,
a fire break along Camino Las Ramblas, partial
access to the future open space park, link to the
future regional transportation system, and a
secondary access road for the area in the event of
a natural disaster.
(g) No development could be proposed that would miti-
gate all of the impacts mentioned in the EIR.
(h) Arbitrary standards were imposed on this project
that were not imposed on other projects in the
City.
(i) A inter -office memo dated November 13, 1990, from
the City Engineer was submitted which questioned
the traffic studies used for the basis of the
analysis summary.
(2) Rod Robbins, 29661 Monarch Drive, spoke in favor of the
project, particularly with regard to the protection of
ridgelines and the 7,500 -square -foot pad minimum.
(3) Tom Breen, 28041 Paseo Aldanza, felt that the proposed
project would benefit the community with its low
density, park and school district fees, tax revenues,
and protection of ridgelines.
,The following persons spoke in opposition to the project:
(4) Charles Schwab, 33741 Shannon Lane, representing the
board of directors for the Connemara development, felt
that the project as proposed would have significant
adverse environmental impacts and that the minor
extension of Camino Las Ramblas by the applicant and tax
revenues do not justify the impacts created by the
project.
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(5) Ken Coombs, 27662 Dongarvin Lane, requested clarifi-
cation on the apparent differences of opinion among City
staff members. Mayor Friess noted that disagreements
among staff do not represent the ultimate consensus.
(6) Dave Dolin, 33761 Limerick Lane, agreed with
Mr. Schwab's statements and asked that water
conservation be addressed in relation to grading for the
project. Mayor Friess advised that only non -potable
water would be used for grading.
(7) Joan Scarantino, 27441 Ortega Highway, questioned the
recommendation that the extension of Camino las Ramblas
would have little significance. Mayor Friess stated
that was the staff recommendation; the commissions took
a higher view.
Mr. Nelson's reiterated that the applicant had changed to a
custom lot project, as requested in meetings with adjacent
homeowners, cited mitigation of concerns listed in the EIR,
and the applicant's cost of extending Camino Las Ramblas.
Gregory Sanders, attorney for the applicant, stated that the
applicant was in substantial compliance with the City's
regulations and noted the importance of Camino Las Ramblas
which is listed on the County's Master Plan of Arterial
Highways. He stated that no evidence was offered by staff
to back the findings in the proposed Resolution to deny the
project.
There being no further input, the hearing was closed with the
right to reopen at any time.
Council Discussion:
Councilman Buchheim felt that the applicant did not suffi-
ciently reduce the density of the project, as requested by
the Council at its October 16, 1990, meeting. In addition,
when the extension of Camino Las Ramblas is warranted, the
dirt required to complete the road can be accomplished on-
site.
Councilman Jones stated that no significant revisions were
made by the applicant since the Planning Commission's denial
in September 1990, even though the applicant was given
direction throughout the entire planning process. In
addition, with improvements being made to reduce impacts on
disposal sites, the life of the Prima Desheca site may be
extended, postponing the opening of the park for many more
years. The extension of Camino Las Ramblas would encourage
more development into the last open space area in the City.
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0751
Councilman Vasquez stated he was in favor of custom lot sales
and proposed that grading not be allowed higher than 100 feet
elevation above the existing Camino Las Ramblas and that the
development be concentrated toward the rear of the site. He
felt that the Council's decision should not be based upon the
financial feasibility of the project. He further stated that
the extension of Camino Las Ramblas was of some benefit and
he would like to have something worked out to allow some
development to occur on the property.
Councilman Hausdorfer noted the extreme difficulty in
developing the site without some environmental impacts. He
noted that the extension of Camino Las Ramblas may prove to
be an important circulation link in the future and he could
support the project due to the extension of Camino Las
Ramblas and because it was less than one unit per acre and
conformed to ridgeline guidelines and the General Plan.
Motion to Approve Project:
It was moved by Councilman Hausdorfer that the project be
approved. The motion died for lack of a second.
Mayor Friess stated that future circulation should be
considered now with the extension of Camino Las Ramblas and
stressed that the main issues with the project are aesthetics
and landform alteration. Aesthetic impacts would be reduced
if the lots were moved to the rear of the property, but there
would be significant intrusion into the ridgelines. If the
project were denied, the Council would have to determine if
any development should be allowed on that site and give
direction for that development. Councilmen Hausdorfer and
Jones stated that direction had been given to reduce density,
grading and to incorporate Camino Las Ramblas.
Dennis Gage, President of Concorde Development, suggested
that a revised plan be brought back before the Council within
30 days reflecting the Council's comments to reduce density
and move lots toward the rear of the site.
Councilman Vasquez suggested the elimination of the 22 most
westerly lots across from the Connemara development due to
steepness of the terrain and to protect the ridgelines, with
development to occur in the canyon with the extension of
Camino Las Ramblas. Mr. Tomlinson indicated that a revised
plan would require going through the planning process again,
with a possible abbreviated EIR document since much of the
environmental impact studies have already been completed.
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Certification of EIR and Denial of Pro]ect:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted certifying
the EIR and denying the Rezone, Specific Development Plan,
Growth Management, and Ridgeline Exception applications:
RESOLUTION NO 91-3-5-4 CERTIFYING ENVIRONMENTAL
IMPACT REPORT 90-2 AND DENYING REZONE 89-05,
SPECIFIC DEVELOPMENT PLAN 90-01 GROWTH MANAGEMENT
89-01 RIDGELINE EXCEPTION 90-1 (SAN JUAN VILLAS -
CONCORDE DEVELOPMENT) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT
90-02 AND DENYING REZONE 89-05, SPECIFIC
DEVELOPMENT PLAN 90-01, GROWTH MANAGEMENT 89-01,
AND RIDGELINE EXCEPTION 90-01 (SAN JUAN VILLAS -
CONCORDE DEVELOPMENT)
The motion carried by the following vote:
AYES:
Councilmen
Jones, Buchheim, and
Vasquez
NOES:
Councilman
Hausdorfer and Mayor
Friess
ABSENT: None
Mayor Friess clarified that his opposition was due to the
fact that the issue of how to go forward in the process was
not addressed.
Direction to Applicant:
Councilman Hausdorfer suggested that the applicant consider
the comments made by Councilman Vasquez regarding grading and
density and requested that Camino Las Ramblas be kept on the
County's Master Plan of Arterial Highways.
Councilman Jones felt that development should be concentrated
on the flat areas of the site and that the prominent knolls
would continue to be an issue.
Confirmation to Retain Camino Las Ramblas:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that Camino Las Ramblas
remain on the County's Master Plan of Arterial Highways and
that the ultimate extension of the roadway be incorporated
into consideration of any future projects in that area.
RECESS AND RECONVENE
Council recessed at 9:45 p.m. and reconvened at 9:50 p.m.
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07711
PUBLIC HEARINGS (CONTINUED)
2. AMENDMENT TO SECTION 9-3.611 OF TITLE 9 OF THE MUNICIPAL
CODE - HOME OCCUPATIONS (420.30)
Written Communications:
Report dated March 5, 1991, from the Director of Planning,
recommending that the item be continued to assure that all
necessary legal requirements for noticing have been met.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and there being no response, it was
moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the public hearing be
continued to the meeting of April 2, 1991.
RECESS AND RECONVENE
Council recessed at 9:51 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 10:10 p.m.
CITY MANAGER
1. CONSIDERATION OF 1990-91 REVISED BUDGET (330.20)
Written Communication:
Report dated March 5, 1991, from the Assistant City Manager,
forwarding a review of the mid -year budget situation,
including the Capital Improvement Program, and the efforts
already undertaken by City departments to reduce expenses.
Additional suggestions were offered to help offset a revised
revenue shortfall of $852,430.
Mr. Julian made an oral presentation.
Councilman Vasquez suggested that auto allowances be compen-
sated on a per -mile reimbursement rate rather than by monthly
allotment, and that unpaid rental payments totaling approxi-
mately $100,000 for the past year be collected from the
Center for Decorative Arts and the San Juan Institute.
Councilman Hausdorfer suggested that Councilman Vasquez meet
with the principals of both institutes to discuss the non-
payment issue. Mr. Julian noted that modifying reimbursement
of auto allowances is a negotiated benefit and must be
handled as a meet -and -confer item. Mayor Friess noted that
measures already instituted by City employees have resulted
in a savings of approximately $76,000.
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Approval of Revised Budget:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the following Resolution be adopted approv-
ing revisions to the 1990-91 City Budget and expenditures of
$24,413,620:
RESOLUTION NO 91-3-5-5 AMENDING FISCAL BUDGET FOR
FISCAL YEAR 1990-1991 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE AUTHORIZED EXPENDITURES
AND APPROPRIATIONS RELATED THERETO
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
2. PURCHASE AGREEMENT - KINOSHITA PROPERTY (670.20)
Written Communication:
Report dated March 5, 1991, from the City Manager,
recommending that a joint meeting be held on March 6th to
conclude the City's purchase of approximately 46 acres known
as the Kinoshita Farms from the Community Redevelopment
Agency. The Agency was scheduled to approve the purchase
of the property from the Kinoshita family at their meeting
of March 5, 1991.
Setting of Joint Meeting with CRA:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the meeting be adjourned
to Wednesday, March 6, 1991, at 7:00 p.m. in the La Sala of
the Library to hold a joint meeting between the City Council
and the Community Redevelopment Agency to consider the sale
of Community Redevelopment Property to the City.
DIRECTOR OF PLANNING SERVICES
APPEAL OF DESIGN REVIEW COMMISSION ACTION OF DECEMBER 19
1990 - SIGN PROGRAM ARCHITECTURAL CONTROL 88-9', 31888 PASEO
MERCADO DE CAPISTRANO (PAYLESS SHOESOURCE) (CONTINUED)
(410.60)
This item was continued from the meeting of February 19,
1991.
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079
Written Communication:
Report dated March 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 in the Paseo
Capistrano Retail Center be affirmed. The report noted that
the proposed colors are neither consistent with the
architectural concept and sign program for Paseo Capistrano
Center nor with the colors used in the other centers of Area
A.
Wendie Schulenburg, Associate Planner, made an oral and slide
presentation. Samples of the applicant's proposed colors
for the sign and a materials color board were on display.
She emphasized that approval of the applicant's colors would
set a precedent and might draw too much visual attention to
the sign in the center.
Robert Dolley, property owner of the center, voiced his
approval of the applicant's proposed sign colors.
Jim Roman representing Payless Shoe Source emphasized the
importance of uniformity of signage throughout the chain for
the company identification. The applicant agreed to mute the
colors as much as possible to be compatible with the center.
Jim Clark of Grubb & Ellis, representing the applicant,
stated that it was the company's policy that the trademark
colors be used for their sign.
Affirmation of Design Review Commission Denial:
It was moved by Councilman Jones, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO 91-3-5-6 UPHOLDING DESIGN REVIEW
COMMISSION DENIAL OF MODIFICATION TO SIGN PROGRAM -
ARCHITECTURAL CONTROL 88-9 (VOLUME SHOE
CORPORATION/PAYLESS SHOE SOURCE)) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING THE DESIGN REVIEW
COMMISSION DENIAL OF THE MODIFICATION TO THE
APPROVED SIGN PROGRAM FOR ARCHITECTURAL CONTROL
88-09 (PASEO CAPISTRANO CENTER - VOLUME SHOE
CORPORATION/PAYLESS SHOE SOURCE)
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The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY SERVICES
1. OPEN SPACE UPDATE (530.40)
Written Communication:
Report dated March 5, 1991, from the Director of Community
Services, providing an overview of the various activities
associated with the Open Space Bond Act Measure D, including
data collection process, pending surveys and studies, public
involvement activities, and improvements to process.
Mr. King made an oral presentation and noted the meeting to
be held on March 14, 1991, at 7:00 p.m. in the Council
Chamber, with final presentation to the Commissions and City
Council by late summer 1991.
Councilman Vasquez suggested that citizens be encouraged to
provide input regarding the open spaces areas purchased by
the City via a City-wide survey and there was a consensus of
Council that a questionnaire be placed in the Capistrano
Valley News.
Councilman Hausdorfer emphasized the need to balance open
space with development of recreational uses and stated that
night lighting in some City parks would be inappropriate.
With the consensus of Council, Mayor Friess ordered the
Report received and filed.
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE LAS RIOS.REVIEW COMMITTEE
(110.20j,
Written Communication: _
Report dated March 5, 1991, from the Council Services
Manager, noting that the vacancy had been advertised and one
application was received.
Authorization to Readvertise:
It was moved by Councilman Vasquez, seconded by Councilman
Hausdorfer, and unanimously carried that the position be
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2.
1•
readvertised and the appointment rescheduled for the meeting
of April 2, 1991.
Written Communication:
Report dated March 5, 1991, from the Council Services
Manager, noting that the vacancies had been advertised since
the meeting of February 5, 1991, and applications had been
received.
Appointment of Members:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that David Swerdlin be
appointed as the at -large member to the Mobile Home Park
Review Committee.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that Joan Scarantino be
appointed as the alternate at -large member to the Mobile Home
Park Review Committee.
STANDARDS FOR ONGOING COMMISSION ACTIVITIES (110.10)
Mayor Friess requested that this item be carried over to the
meeting of March 19, 1991.
COUNCIL COMMENTS
1. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (800.50)
Mayor Friess stated his desire to attend the San Clemente
City Council public hearing on this item scheduled for
March 6, 1991, noting he would request their support of
Alternative No. 2. With the exception of Councilman Vasquez,
who cited opposition to support of the Corridor, there was
a consensus of the Council that Mayor Friess attend the San
Clemente public hearing to request that the City of San
Clemente support Alternative No. 2 should the Transportation
Corridor Agency Board approve the EIR.
Councilman Vasquez indicated that he would attend the meeting
as well.
CLOSED SESSION
Council recessed to a Closed Session
of pending litigation per Government
City Clerk being excused therefrom,
March 6, 1991.
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at 10:59 P.M. for discussion
Code Section 64966.9(a), the
and reconvened at 12:25 a.m.,
3/5/91
AWOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:25 a.m., Wednesday, March 6, 1991, to the next
meeting date of Wednesday, March 6, 1991, at 7:00 p.m. in the La
Sala at the City Library to conclude the purchase transactions
associated with the Kinoshita property.
ATTEST:
KENNETH E. FRIESS, MA OR
Respectfully submitted,
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