91-0319_CC_Minutes_Regular Meeting4
MARCH 19, 1991
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California was called to order by Mayor Friess at 7:00
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Dan
Moncton of the Ocean Hills Community Church.
ROLL CALL: PRESENT: Kenneth E. Friess, Mayor
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Gil Jones, Councilman
Jeff Vasquez, Councilman
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; Thomas Tomlinson, Acting Director of Planning Services;
Al King, Director of Community Services; Nancy Bernardi, Recording
Secretary.
MINUTES
Regular Meeting of February 19, 1991:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the Minutes of the Regular Meeting of February 19,
1991, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Adjourned Regular Meeting of February 25, 1991:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the Minutes of the Adjourned Regular Meeting of
February 25, 1991, be approved as submitted. The motion carried
by the following vote:
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AYES: Councilmen Jones, Hausdorfer,
Vasquez, and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Regular Meeting of March 5. 1991:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the Minutes of the Regular Meeting of March 5, 1991,
be approved, with the following modification:
Page 17, item 2, both paragraphs under Appointment of
Members, Los Rios Review Committee should be changed to
the Mobile Home Park Review Committee.
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Adjourned Regular Meeting of March 6 1991:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the Minutes of the Adjourned Regular Meeting of
March 6, 1991, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
it was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried that all Ordinances be read
by title only.
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I .
2.
Written Communication:
Report dated March 19, 1991, from the City Clerk, forwarding
the Proclamation.
Approval of Proclamation:
Mayor Friess read the Proclamation in full and it was moved
by Councilman Buchheim, seconded by Councilman Hausdorfer,
and unanimously carried that the Proclamation be adopted
proclaiming March 1991 as Red Cross Month.
PROCLAMATION DESIGNATING THE MONTH OF APRIL 1991 AS "CHILD
ABUSE PREVENTION MONTH" (610.40)
Written Communication:
Report dated March 19, 1991, from the City Clerk, forwarding
the Proclamation.
Approval of Proclamation:
Mayor Friess read the Proclamation in full and it was moved
by Councilman Jones, seconded by Councilman Hausdorfer, and
unanimously carried that the Proclamation be adopted
proclaiming April 1991 as Child Abuse Prevention Month.
PRESENTATION OF STATE AWARD TO PAULINE LEONARD, PARKS AND
RECREATION COMMISSIONER (610.40)
Written Communication:
Report dated March 19, 1991, from the Director of Community
Services, announcing that Ms. Leonard had received the 1991
Outstanding Commissioner/Board Member Award sponsored by the
California Parks and Recreation Society's California Associa-
tion of Park and Recreation Commissioners and Board Members.
The award is given to a commissioner or board member who has
made a significant contribution to the community.
Mayor Friess noted that Ms. Leonard was chosen for this honor
from approximately 4,000 nominations and recited some of her
many contributions to the City. Ms. Leonard was present to
receive the plaque.
PRESENTATION OF STATE AWARE TO COMMUNITY SERVICES DEPARTMENT
ON BEHALF OF THE CITY - BEST LOGO COMPETITION (610.40)
Written Communication:
Report dated March 19, 1991, from the Director of Community
Services, announcing that the Department of Community
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Services was selected as the winner in the "Best Logo"
category in the California Parks and Recreation Society's
Second Annual Publicity Showcase Contest for its 111990 Follow
The Swallow Run" logo.
Mayor Friess expressed appreciation to Greg Murray, the
City's graphic illustrator, and Linda Evans and Maricella
Moreno of the Community Services staff.
ORAL COMMUNICATIONS
1. DISPOSITION OF AGENCY ASSETS (670.70)
Mike Darnold, 26022 Avenida Mariposa, referenced his letter
to the City Council regarding the City's intention to sell
some of the property located in the downtown area, specifi-
cally the E1 Peon property. He noted that some of the
downtown merchants had formed a coalition to purchase the
property in order to retain the character of old San Juan.
2. DISPOSITION OF AGENCY ASSETS (670.70)
Stacy Layton, owner of the Swallows Inn, 31786 Camino
Capistrano, requested that she be permitted to work with
staff and the City Council regarding her purchase of the
Swallows Inn property.
3. LITIGATION (CITY MANAGER CONTRACTS) (640.30/600.10)
Carlos Negrete, 27422 Calle Arroyo, served a lawsuit to
Councilmen Buchheim and Hausdorfer, Mayor Friess, Stephen
Julian, and David Bentz regarding the City Manager's loans
and compensation package.
4. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (800.50)
Bob King, 29422 Spotted Bull Way, expressed appreciation to
the City Council for their support in opposing the draft EIR
for the San Joaquin Hills Transportation Corridor on behalf
of the City and submitted a letter dated March 19, 1991,
requesting that the City file a lawsuit, within 30 days,
relative to de -certification of the Corridor's draft EIR.
Consideration of Item:
It was moved by Councilman Vasquez, seconded by Mayor Friess,
and carried with Councilman Buchheim and Hausdorfer
abstaining, that the need to consider this item arose
subsequent to posting of the agenda.
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�A's
Council Discussion:
Councilman Jones felt that the decision to file a lawsuit
should wait until a legal opinion from a qualified firm has
been obtained regarding the potential success for such a
lawsuit.
Councilman Vasquez stated that he had contacted two legal
firms who are specialize in environmental law and suggested
that representatives of these two firms make a presentation
to the City Council regarding the legal issues.
Mayor Friess stated concerns that even if the EIR were found
to be flawed, corrections could be made to the document which
would only delay, not stop, the planning process for the
corridor. He felt that since no other municipalities voted
in opposition to the EIR, the City was in a weak position to
request de -certification. The Mayor expressed concern
regarding financing for a lawsuit that would be extremely
difficult for the City to win.
Approval of Legal Presentation to Council:
It was moved by Councilman Vasquez and seconded by Mayor
Friess and carried with Councilman Buchheim and Hausdorfer
abstaining, that the meeting be adjourned to Thursday,
March 21, 1991, at 7:00 p.m. in the Council Chamber, to
receive legal presentations regarding the City's potential
success in pursuing a legal option to have the San Joaquin
Hills Transportation Corridor EIR de -certified. Staff was
requested to attend the meeting to provide an evaluation.
Mayor Friess noted that the adjourned meeting would be tc
receive information only and that no action would be taken.
CITY MANAGER CONTRACTS (600.10)
Pauline Doleshal, 29716 Woodlake Court, submitted a letter
dated March 19, 1991, to the City Council requesting a
response to her questions regarding the loans made to the
City Manager and his compensation package. Mayor Friess
suggested that the letter be included with the information
given to the legal counsel hired to review the matter.
CONSE
' It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the staff recommendations be accepted for the follow-
ing items listed on the Consent Calendar. The motion carried by
the following vote:
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2.
3.
4.
5.
6.
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
CITY TREASURER'S REPORT OF INVESTMENTS (350.30
The City Treasurer's Report of Investments as of February 28,
1991, in the total amount of $7,500,000, was approved as
submitted.
REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated March 19, 1991, from the Acting Director of
Planning, regarding actions taken at the meeting of March 6,
1991, was ordered received and filed.
REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated March 19, 1991, from the Acting Director of
Planning, regarding actions taken at the meeting of
February 28, 1991, was ordered received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40
The Report dated March 19, 1991, from the Acting Director of
Planning, regarding actions taken at the meeting of March 12,
1991, was ordered received and filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated March 19, 1991, from the Director of
Engineering and Building, regarding actions taken at the
meeting of February 27, 1991, was ordered received and filed.
RESOLUTION APPROVING THE PUBLIC WORKS MUTUAL AID PROGRAM FOR
EMERGENCY SERVICES (600.50
As set forth in the Report dated March 19, 1991, from the
Director of Public Lands and Facilities, the following
Resolution was adopted approving the agreement for
participation in the Public Works Mutual Aid Program:
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RESOLUTION NO 91-3-19-1 APPROVING THE PUBLIC
WORKS MUTUAL AID PROGRAM FOR EMERGENCY SERVICES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
PUBLIC WORKS MUTUAL AID PROGRAM FOR EMERGENCY
SERVICES
The agreement establishes the procedures and responsibilities
of participating cities within the County whenever emergency
personnel, equipment, and facility assistance are provided
from one Public Works agency to another. The Mayor and City
Clerk were authorized to execute the agreement on behalf of
the City. The Resolution appointed the Director of Public
Lands and Facilities as the City's coordinator for this
program.
7. DENIAL OF CLAIM - PROPERTY DAMAGE (SUSAN FARRELL) (170.10)
The claim received by the City on February 20, 1991, from
Susan Farrell in the amount of $117.06, for damage to the
claimant's vehicle in the Depot parking lot on February 7,
1991, was denied, as set forth in the report dated March 19,
1991, from the City Attorney.
8. DENIAL OF CLAIM - PERSONAL INJURY (GERRI MOFFITT) (170.10)
The claim received by the City on March 1, 1991, from
Frank C. Nunes, Attorney at Law, on behalf of Gerri Moffitt,
for bodily injuries sustained from tripping over part of the
sidewalk at the Amtrak station on September 8, 1990, was
denied, as set forth in the report dated March 19, 1991, from
the City Attorney.
PUBLIC HEARINGS
1. ESTABLISHMENT OF NUMERICAL LIMITS FOR THE CITY's RESIDENTIAL
GROWTH MANAGEMENT PROGRAM. 1992-94 (440.501
Proposal:
Establishment of numerical limits for calendar years 1992-
1994 under the City's Growth Management Program, which
restricts the number of building permits which may be
allocated in a given calendar year.
Written Communication:
Report dated March 19, 1991, from the Acting Director of
Planning, recommending that the limit be set at 400 permits
per calendar year.
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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:
(1) Phillip Weissberg, 31196 Via San Vicente, requested that
the City reduce its proposed development projects by 20%
(from 400 to 320 units) because of the drought condi-
tions which have forced residents to reduce their water
consumption. Councilman Jones noted that since the
Growth Management Program was established in 1976, the
400 -unit allocation has rarely been approached.
(2) Joan Scarantino, 27441 Ortega Highway, expressed
appreciation to the City for its leadership in estab-
lishing the Growth Management Program and limiting the
number of units to 400 per year.
There being no further response, the hearing was declared
closed.
Setting of Numerical Limits:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted, establishing
a limit of 400 units per year:
ESOLUTION NO. 91-3-19-2. ESTABLISHING NUMERICAL
LIMITS FOR 1992, 1993 AND 1994 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SETTING NUMERICAL LIMITS
PER TITLE 9, CHAPTER 4, SECTION 9-7.08(b) OF THE
MUNICIPAL CODE FOR RESIDENTIAL DWELLING UNIT
BUILDING PERMITS TO BE ALLOCATED FOR THE CALENDAR
YEARS 1992, 1993, AND 1994
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Councilman Vasquez suggested that the allocation schedule be
reviewed in June 1991.
3/19/91
RESIDENTIAL ALLOCATIONS SCHEDULE FOR CITY'S RESIDENTIAL
GROWTH MANAGEMENT PROGRAM FOR 1991-1994 (440.50)
Proposal:
Consideration of a proposed building permit allocation
schedule as part of the City's Residential Growth Management
Program for calendar years 1991 to 1994.
Written Communication:
Report dated March 19, 1991, from the Acting Director of
Planning, noting that four projects (Lomas San Juan Planned
Community, Marbella Planned Community, Capistrano Valley
Tennis Club and Academy, and Marbella Terrace (Barkley)
totaling 315 units, are presently eligible for building
permit allocations.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons respon-
ded:
(1) Phillip Weissberg, 31196 Via San Vicente, suggested that
the allocations be determined by lottery to ensure
fairness and noted other cities which have instituted
building moratoriums. Mayor Friess explained the City's
need to follow the regulations adopted in the Growth
Management Ordinance and noted that every person that
has applied for an allocation has received one.
(2) Mark Maurer, representing Coral Properties, commended
the City for its development policies and procedures
which maintained the quality of life in the City.
There being no further response, the hearing was declared
closed.
Approval of Residential Allocation Schedule:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted:
RESOLUTION NO. 91-3-19-3. APPROVING RESIDENTIAL
ALLOCATION SCHEDULE - 1991. 1992, 1993 AND 1994 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
RESIDENTIAL ALLOCATIONS FOR THE CALENDAR YEARS
1991, 1992, 1993, AND 1994 (RESIDENTIAL GROWTH
MANAGEMENT)
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The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:10 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:40 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CONCURRENCE WITH CITY MANAGER DECISION REGARDING LAYOFFS
(750.10)
Written Communication:
Report dated March 19, 1991, from the Assistant City Manager,
recommending that in order to ensure the balancing of the
budget for fiscal year 1992-93, two Building and Grading
Inspectors and one Permit Service Supervisor should be laid
off, effective June 21, 1991. The City would assist these
employees with locating other employment.
Mr. Julian made an oral presentation, stating that the
removal of these positions should not have a discernable
impact on public services.
Approval of Personnel Reductions:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that two Building and Grading
Inspector positions and one Permit Service Supervisor
position be laid off effective June 21, 1991, in accordance
with the City's Personnel Rules and Regulations and applic-
able ordinances.
2. STATUS REPORT ON STREET LIGHT ACQUISITION (1010.80)
written Communication:
Report dated March 19, 1991, from the Assistant City Manager,
summarizing the progress to date of the City's acquisition
of street lights from SDG&E and pertinent litigation. It was
legally concluded that SDG&E was entitled to interest on the
fair market value of the fixtures from December 1, 1987.
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Mr. Julian noted that the total of $249,743.87 for legal fees
included consulting fees contracted by the legal firm.
Receive and File:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the Report be received
and filed.
3. CITY ATTORNEY SERVICES (600.30)
Written Communications:
(1) Report dated March 19, 1991, from the Assistant City
Manager, recommending that the City enter into an
agreement with the law firm of Stradling, Yocca, Carlson
& Rauth to provide interim legal services until a
permanent City Attorney is hired. Mr. Shaw's resigna-
tion is effective March 29, 1991. The Report noted one
other proposal received for consideration from the firm
of Burke, Williams & Sorensen. The report forwarded
proposals from both firms.
(2) Supplement to Proposal dated March 13, 1991, from Thomas
P. Clark, Jr. of Stradling, Yocca, Carlson & Rauth to
serve as interim City Attorney.
Mr. Julian advised that private firms and individuals had
expressed interest in the position. Special counsel has been
retained in the interim in certain cases.
Councilman Hausdorfer noted that the firm of Stradling,
Yocca, Carlson & Rauth has indicated they have no interest
in providing the services on a permanent basis. Mayor Friess
felt that retaining this firm would provide an opportunity
to review the City's options in a more objective manner since
they were not interested in the position permanently.
Councilman Vasquez felt that the firm of Burke, Williams &
Sorensen would be a superior choice for the interim services
because of their lower bid and the larger size of the firm.
In addition, during the interim period the City would be able
to assess their performance in regard to the permanent
position. He noted that the Stradling firm already provides
legal counsel for the Community Redevelopment Agency.
Approval of Interim CitV Attorney Services:
It was moved by Councilman Hausdorfer and seconded by
Councilman Buchheim and carried with Councilman Vasquez
voting in the negative that staff be directed to negotiate
an agreement with Stradling, Yocca, Carlson & Rauth to
provide interim City Attorney services for a period not less
than 90 days and not greater than six months. The agreement
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is based on the proposal
March 13, 1991, and will
consideration at the April 2,
DIRECTOR OF PLANNING SERVICES
submitted by the firm dated
be presented for Council
1991, City Council meeting.
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated March 19, 1991, from the Acting Director of
Planning, advising that one Intent to File for Development
Review application was received by the City since the last
report of February 19, 1991.
With the concurrence of Council, Mayor Friess ordered the
Report received and filed.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
CONSIDERATION OF SAFETY ISSUES ON PUBLIC STREETS IN THE
VICINITY OF LOCAL SCHOOLS (590.30/590.70)
Written Communications:
(1) Report dated March 19, 1991, from the Director of
Engineering and Building, regarding traffic and parking
problems at the City schools. The Traffic and Transpor-
tation Commission recommended that the City work with
the School District regarding school -generated traffic
and safety issues, particularly for children. The
Report noted issues of increased parking on City
streets, inadequate on-site parking spaces, and lack of
proper circulation.
(2) Petition signed by 11 homeowners in Troy Homes dated
March 18, 1991, requesting that the City consider
adopting an ordinance prohibiting the -loading and
unloading of children in their neighborhood because of
safety concerns.
Mayor Friess suggested that a meeting be scheduled with one
or two City Councilmen and representatives of the School
Board prior to forwarding a letter to the School District.
Concerns were also noted at all three elementary schools in -
the City.
Approval of Direction to Work with School District:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that:
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(1) Authorization be
Vasquez and staff
discuss concerns;
Ia
given to Councilmen Buchheim and
to meet with the School District to
(2) A letter be forwarded to the School District following
the meeting between the City and the District; and,
(3) An ordinance addressing the issues of adequate parking,
expanding facilities, and loading and unloading be
prepared.
COUNCILMANIC ITEMS
1. STANDARDS FOR ONGOING COMMISSION ACTIVITIES (110.10)
Mayor Friess suggested that a City policy be established
addressing attendance at commission and board meetings. He
stated that numerous absences can hamper the effectiveness
of the commission or board.
Councilman Vasquez suggested that if a member misses 15% of
the meetings within a six-month period, not including
absences for health reasons, he/she should expect to be
terminated. He noted ambiguities regarding excused and
unexcused absences. Councilman Hausdorfer suggested that a
member be terminated if he/she misses three meetings in a
row, or 20% of the meetings, within a six-month period, for
other than health reasons.
Mr. Julian felt that the policy should be uniform and give
the commission/board chairman the responsibility of ascer-
taining whether an absence is excused or unexcused. He
suggested that staff prepare an outline of scheduled meetings
for each commission and board and formulate a City policy for
approval by the Council at its April 2, 1991, meeting.
Councilman Vasquez suggested that a past policy of City
Council members being able to appoint their own commissioner
or board member be reinstated to promote diversity and to
allow those that are less known in the community a chance for
commission/board involvement. Mayor Friess felt that the
present method of appointing commissioners and board members
allowed for the members to be answerable to the community at
large and not one Council member, and new residents to the
City to be appointed to commissions. He felt the current
policy also allowed the commissions and boards to perform
their duties in an independent manner.
Councilman Jones stated that if a Council member appointed
their own member to a commission or board, the public may get
the impression that he/she is acting on behalf of that one
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Council member and not the community at large. Councilman
Hausdorfer emphasized the importance of attendance,
"homework," and objectivity. However, he wished to consider
Councilman Vasquez' suggestion.
Policy Relative to Attendance/Appointments:
It was a consensus of the Council that a proposed policy
regarding commission/board absences be submitted for the
meeting of April 2, 1991. A discussion regarding the method
of appointing members is to be scheduled for a meeting in
June 1991.
COUNCIL COMMENTS
DEDICATION OF MEETING (610.40)
Councilman Buchheim requested that the meeting be dedicated
to the memory of Juanita Rios Foy, a 7th generation San Jua::
Capistrano resident of the Rios family, who passed away last
week.
Policy to Recognize Lona -Term Residents:
Mayor Friess suggested that staff recommend a proposed
program for approval by the City Council to recognize
significant long-term residents of the City. Councilman
Hausdorfer suggested that each Historical Depiction Programs
in projects throughout the City could be dedicated to the
memory of a notable long-term resident.
It was a consensus of the Council that staff prepare a
program for recognizing the passing of notable long-term
residents, including the dedication of Historical Depiction
Programs to their memory.
EMPLOYEE RECOGNITIONS (730.90)
The City Council and the City Manager expressed appreciation
to Mr. Shaw for his excellent service to the City as City
Attorney, whose resignation is effective March 29, 1991.
Mayor Friess noted that Thomas Merrell, the former Director
of Planning has officially retired from the City's service
but is continuing on a consultant basis with the City, and
requested that official recognition be scheduled for both men
in the near future.
CLOSED SESSION
Council recessed to a Closed Session at 10:30 P.M. for discussion
of pending litigation, the City Clerk being excused therefrom, and
reconvened at 11:30 p.m.
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There being no further business before the Council, the meeting
was adjourned at 11:30 p.m. to Thursday, March 21, 1991, in the
City Council Chamber.
Respectfully submitted,
CHERYL JOHNSON, CI Y CLERK
ATTEST:
KENNETH E. FRIESS, MAYOR
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