91-0416_CC_Minutes_Regular MeetingAPRIL 16, 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 7:02
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Mayor Friess.
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; Thomas P. Clark,
Jr., Acting City Attorney; 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, Deputy City Clerk/Recording
Secretary.
MINUTES
Regular Meeting of April 2. 1991:
It was moved by Councilman Buchheim, seconded by Councilman Jones,
that the Minutes of the Regular Meeting of April 2, 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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PRESENTATIONS AND COMMENDATIONS
SPONSOR RECOGNITION - 1991 HERITAGE FESTIVAL (150.60)
Written Communication: _
Report dated April 16, 1991, from the Director of Community
Services, expressing appreciation to the following sponsors
of the 1991 Heritage Festival: Dimension Cable Services,
Nichols Institute, Capistrano Business Center, TMC Com-
munities, California Riviera Vacations, Franciscan Plaza,
Medix Ambulance Service, Family Fitness Centers, Conrad
Vacation Ownership, Samaritan Medical Center, BotaCo, Inc.,
Rancho Mission Viejo and the Santa Margarita Company, and
PayLess Drug Stores. It was noted that Jane Casanova of
California Riviera Promotions, the Sponsor Development
Coordinator for the event, raised $50,000 in cash donations.
Presentation of Awards:
on behalf of the City, Mayor Friess presented the Community
Service Awards to the sponsors who were in attendance.
2. PRESENTATION OF COMMUNITY SERVICE AWARD - CHRIS AKE (610.40)
written Communication:
Report dated April 16, 1991, from the Council Services
Manager, advising that Mrs. Chris Ake recently resigned as
Executive Director of the San Juan Capistrano Chamber of
Commerce.
Mayor Friess provided a brief background of Mrs. Ake's
community service with the Chamber of Commerce and expressed
appreciation for her dedication.
Presentation of Award:
Mayor Friess presented Mrs. Ake with a Community Service
Award in recognition of her contributions and commitment to
the business community. Mrs. Ake expressed appreciation to
City staff, the City Manager, the Council, and particularly
the Community Services Department.
ORAL COMMUNICATIONS
1.
Bob King, 29422 Spotted Bull Way, stated that because the
City failed to file a lawsuit against certification of the
Environmental Impact Report for the San Joaquin Hills
Transportation Corridor, residents have begun donating their
own funds toward the filing of their own lawsuit. He also
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announced the filing of a recall against Councilman
Hausdorfer and Mayor Friess.
Carlos Negrete, 27422 Calle Arroyo, spoke regarding the
recall.
Councilman Jones stated that since he made the motion that
the City not file a lawsuit against the Corridor, his name
should be added to those being recalled. Councilman Buchheim
also asked that his name be added to those being recalled.
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. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of March 31,
1991, in the total amount of $14,200,000, was approved as
submitted.
2. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated April 16, 1991, from the Senior Management
Assistant, regarding actions taken at the Special Meeting of
April 4, 1991, was ordered received and filed.
3. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS
(930.40)
The Report dated April 16, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of April 8, 1991, was ordered received and filed.
4. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated April 16, 1991, from the Director of
Planning, regarding actions taken at the meeting of April 3,
1991, was ordered received and filed.
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6.
7.
8.
REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated April 16,
Community Services, regarding
of April 1, 1991, was ordered
1991, from the Director of
actions taken at the meeting
received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated April 16, 1991, from the Director of
Planning, regarding actions taken at the meeting of April 9,
1991. was ordered received and filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated April 16, 1991, from the Director of
Engineering and Building, regarding actions taken at the
meetings of March 13 and March 27, 1991, was ordered received
and filed.
RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT - TRABUCO
CREEK BRIDGE WIDENING AT RANCHO VIEJO ROAD (HAZARD) (600.30)
As set forth in the Report dated April 16, 1991, from the
Director of Engineering and Building, the following Resolu-
tion was adopted declaring the construction of the Trabuco
Creek Bridge widening at Rancho Viejo Road by Hazard Con-
tracting Co. to be complete:
RESOLUTION NO 91-4-16-1 COMPLETION OF TRABUCO
CREEK BRIDGE WIDENING AT RANCHO VIEJO ROAD - 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 TRABUCO CREEK BRIDGE WIDENING AT
RANCHO VIEJO ROAD
The Resolution accepted the work as complete in the amount
of $1,083,048.78 and directed the City Clerk to forward a
Notice of Completion to the County Recorder. Staff was
authorized to release the 10% retention in the amount of
$108,304.88 thirty-five (35) days after recording the Notice
of Completion.
9. RESOLUTION INTENT TO VACATE EXCESS RIGHT-OF-WAY AND SLOPE
EASEMENTS DEL OBISPO STREET AT COMMUNITY PRESBYTERIAN
CHURCH 32202 DEL OBISPO STREET (670.50)
As set forth in the Report dated April 16, 1991, from the
Director of Engineering and Building, the following
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Resolution was adopted declaring the City's intent to vacate
the excess right-of-way of Del Obispo Street and the adjacent
slope easement, as requested by the Community Presbyterian
Church:
RESOLUTION NO. 91-4-16-2. INTENT TO VACATE EXCESS
STREET RIGHT-OF-WAY (IRREVOCABLE OFFER) AND SLOPE
EASEMENT 32202 DEL OBISPO STREET, ASSESSOR'S PARCEL
NO. 121-182-56 (COMMUNITY PRESBYTERIAN CHURCH OF
SAN JUAN CAPISTRANO) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING ITS INTENT TO VACATE AN
UNUSED PORTION OF AN IRREVOCABLE OFFER FOR RIGHT-
OF-WAY FOR DEL OBISPO STREET AND AN ADJACENT SLOPE
EASEMENT WITHIN A PROPERTY LOCATED AT 32202 DEL
OBISPO STREET
The Resolution set the public hearing date for May 21, 1991,
at 7:00 p.m. in the City Council Chamber. The Mayor and City
Clerk were authorized to execute the document for recording,
and the City Clerk was requested to prepare the necessary
advertisements and notifications.
10. RESOLUTION. INTENT TO VACATE HIKING/EQUESTRIAN TRAIL. LOTS
1 AND 2. TRACT 19909 - 26031 VIA ARBOLEDA, 26101 VIA PAS-
TORAL, AND PARCEL 3 OF PARCEL MAP 108/18 - 31769 AGUACATE
ROAD (LUPINACCI/COONTZ/MacKENZIE) (670.50)
This item was presented and acted upon at the City Council
meeting of April 2, 1991. However, because of confusion
regarding the intent of the Council's action, the item was
returned to allow the item to proceed to the public hearing
phase.
As set forth in the Report dated April 16, 1991, from the
Director of Engineering and Building, the following Resolu-
tion was adopted declaring the City's intent to vacate the
hiking/equestrian easement within Lots 1 and 2 of Tract 10090
and Parcel 3 of Parcel Map 108/18, as requested by Mr. Steven
Lupinacci, owner of Lot 1, Tract 10090:
RESOLUTION NO. 91-4-16-3. INTENT TO VACATE
EQUESTRIAN/HIKING TRAIL - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING ITS INTENT TO VACATE THE
EQUESTRIAN/HIKING EASEMENTS FROM VIA ARBOLEDA TO
VIA PASTORAL WITHIN LOT 1 (AP #649-321-01) AND LOT
2 (AP #649-321-02) OF TRACT 10090 AND PARCEL 3
(AP #619-311-20) OF PARCEL MAP RECORDED IN BOOK
108, PAGE 18 OF ORANGE COUNTY RECORDS
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The Resolution set the public hearing date for May 21, 1991,
at 7:00 p.m. in the City Council Chamber. The Mayor and City
Clerk were authorized to execute the document for recording,
and the City Clerk was directed to prepare the necessary
advertisements and notifications for the public hearing.
PUBLIC HEARINGS
1. CONSIDERATION OF WAIVER TO COMPREHENSIVE DEVELOPMENT PLAN
81-2. GLENDALE FEDERAL PLANNED COMMUNITY REGARDING THE
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Proposal:
Consideration of a request for a waiver regarding conditions
of approval under Comprehensive Development Plan 81-2,
Housing Opportunities Program. This hearing was continued
from the meeting of April 2, 1991, to allow additional time
for discussion of legal interpretations with the interim City
Attorney, staff, and the applicant regarding the requirements
of the conditions of approval.
Applicant:
The Lusk Company
17550 Gilette Avenue
P.O. Box C-19560
Irvine, CA 92713
Written Communication:
Report dated April 16, 1991, from the Acting Planning
Director, recommending that the hearing be continued to the
meeting of May 7, 1991, to allow staff additional time to
complete their analysis of the legal issues and their
implications, to which the applicant agreed.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following person respon-
ded:
(1) Mary McCullough, 27465 Paseo Sienna, requested that
Glenfed and Lusk Company be required to complete the
Mesa Vista and Loma Vista developments before proceeding
with any other projects, noting that construction has
stopped for those projects before homes were completed.
Letters from residents in support of Ms. McCullough's
request were submitted.
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Mayor Friess requested that staff provide a report on the
matter brought by Ms. McCullough for the May 7 meeting.
Continuation of Public Hearing:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the hearing be
continued to the meeting of May 7, 1991, at 7:00 p.m. in the
Council Chamber.
2. REQUEST FOR ZONE CHANGE FOR THE SPECIFIC DEVELOPMENT PLAN
REGARDING OFFICE COMPLEX AND PROPOSED TENTATIVE PARCEL MAP
CTTanTVTCTf)M - PR7nNR AQ -Q _ RPRCTRTC nRVF.T,OPMENT PLAN 90-2.
(460.20/410.50/420.701
Proposal:
Consideration of a rezone, Specific Development Plan,
Tentative Parcel Map, and draft Addendum Environmental Impact
Report for an 18 -building office complex located south of Via
Escolar on the east side of Rancho Viejo Road, parallel to
the San Diego Freeway.
Applicant/Property Owner:
Resco Development, Inc.
3355 Via Lido, Suite 205
Newport Beach, CA 92663
Written Communication:
Report dated April 16, 1991, from the Acting Director of
Planning, reviewing the history of the project and the issues
of staff regarding Municipal Code requirements pertinent to
the proposed Specific Development Plan and rezone and
required findings for the Tentative Parcel Map.
Exhibits were on display, and Christine di iorio, Senior
Planner, made an oral presentation. Mr. Tomlinson clarified
the differences between the previous Nu -West project and the
proposed project.
Mike Todd of Resco Development, Inc. objected to certain
conditions proposed by staff. He felt that the condition
requiring financial participation for constructing public
improvements was too general and not well defined, in that
the proposed agreement with the City of Mission Viejo was
open ended with no limit placed on costs, would be precedent
setting, and that the City should have authority regarding
the entitlement. He stated that the City of Mission Viejo
has indicated that the applicant would not be able to obtain
building permits until the agreement was finalized. Regard-
ing the request for a parking exception, Mr. Todd noted the
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reduction in the project's density, the increase in the
number of parking spaces, and the micro and macro parking
studies that were done to arrive at the number of parking
spaces proposed. In addition, he noted that the Air Quality
Management District has determined the project's proposed _
parking to be more than adequate.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons respon-
ded:
(1) Jack Culp, of Mission Hills Ranch and Chairman of the
Board for Coast Bible Church, requested a lot line
adjustment as part of the rezone to have the old adobe
barn located on the church's property for continued
community and church use. He stated that the church
intended to preserve and rehabilitate the structure and
repair or replace the roof.
(2) Joan Scarantino, 27441 Ortega Highway, inquired about
the applicant's parking exception. Mayor Friess noted
the AQMD's new regulations which would require that
parking be reduced for developments to encourage
carpooling. Ms. Scarantino stated that there never
seemed to be enough parking spaces available for
business developments in town.
(3) Patricia Spence, 29267 Country Hills Road, who lives
directly behind the proposed project, commended the
applicant on his cooperativeness with residents in
mitigating their concerns. She spoke in favor of the
lot line adjustment to place the old barn completely on
church property.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Mr. Todd indicated he would be willing to comply with the
church's request for a lot line adjustment but would need to
obtain approval from the current property owner, Nu -West.
Council Discussion:
Councilman Hausdorfer made the following comments:
(1) The proposed agreement between the applicant and the
City of Mission Viejo was too open ended, noting that
much of the traffic circulation problems in the area
were created by Mission Viejo.
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(2) The Traffic Management Program should be modified to be
more manageable since the proposed program would be
difficult to monitor.
(3) The Traffic and Transportation Commission should be kept
advised of the new regulations by the AQMD.
(4) Because of the dedication of open space to the City by
the applicant, the parking exception should be granted.
(5) The City's parking ordinance should be reviewed for
retail, office, and industrial developments with regard
to new AQMD requirements. The number of parking spaces
should be based on rentable square footage instead of
gross square footage.
Councilman Buchheim concurred with Councilman Hausdorfer's
statements and agreed that the barn should be made a part of
the church's property.
Councilman Jones commended the applicant on the proposed
project's setbacks and dedication of open space. He opposed
the condition requiring the applicant to participate in
public improvements with the City of Mission Viejo since most
of the City's traffic problems are generated outside of the
City.
Councilman Vasquez also commended the project and spoke in
favor of approving the condition requiring the applicant to
participate in public improvements with the City of Mission
Viejo. He felt, however, that the condition should be worded
more specifically.
Mayor Friess concurred with Councilman Vasquez' concerns
regarding the importance of resolving the traffic circulation
problems between the City and the City of Mission Viejo but
felt that the proposed agreement with the applicant was open
ended and did not provide any security for the applicant.
He suggested that public improvements between the two cities
should be a reciprocal activity and suggested that a South
County policy be developed to determine how cities could work
together to resolve mutual circulation problems.
Mr. Julian recommended that the City voice its concerns to
the City of Mission Viejo regarding this issue and that an
inter -city cooperative Congestion Management Plan be ad-
dressed for future implementation, which would coordinate
inter -city efforts regarding traffic impacts.
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It was a consensus of the Council that the condition requir-
ing the applicant to participate in public improvements with
the City of Mission Viejo be acted upon separately.
It was moved by Councilman Hausdorfer and seconded by
Councilman Jones and carried with Councilman Vasquez and
Mayor Friess voting in the negative that the condition
requiring the applicant to participate in public improvements
with the City of Mission Viejo be deleted to the lack of
specificity in the wording of the condition. Comments made
by the Mayor and City Manager shall be forwarded to the City
of Mission Viejo regarding the City's interest in
participating in a regional Congestion Management Plan, and
the comments should indicate that the City Council did not
feel the proposed agreement with the developer was the way
to solve inter -city circulation problems.
Councilman Vasquez felt that when Alternate #1 for the San
Joaquin Hills Transportation Corridor is constructed, there
would be tremendous traffic impacts to Rancho Viejo Road to
access local businesses. If the applicant entered into the
proposed agreement to participate in public improvements, the
City of Mission Viejo would probably be willing to recipro-
cate in the future.
Mayor Friess felt that reciprocity should have been addressed
in the condition.
Approval of Rezone and SDP 90-02:
The Acting 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
Hausdorfer, seconded by Councilman Jones, that the following
Ordinance be introduced approving Rezone 89-8, with the
following modifications to Specific Development Plan 90-02:
(1) Section C.12 shall be revised as follows: "A more
manageable and flexible traffic management plan, which
is not based on total square footage, shall be submitted
to the City and reviewed and approved by the City
Council." _
(2) The following statement shall be added to Section (e)2:
"The project landscape plan shall incorporate a drought -
tolerant planting program for all interior project
landscaping."
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(3) The following statement shall be added to Section (e)3:
"In designing the landscape irrigation plan, provisions
for the ultimate conversion of the irrigation system
from a potable to a non -potable water source shall be
provided."
APPROVING REZONE 89-08 (CAPISTRANO GATEWAY/RESCO
DEVELOPMENT. INC.) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 581
BY APPROVING THE ZONING OF THE PROPERTY LOCATED
SOUTHEAST OF VIA ESCOLAR ON RANCHO VIEJO ROAD FROM
PD (PLANNED DEVELOPMENT/SDP 85-1) TO PD (PLANNED
DEVELOPMENT/ SDP 90-02) (CAPISTRANO GATEWAY/RESCO
DEVELOPMENT, INC.)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Approval of TPM•
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted conditionally
approving the Tentative Parcel Map, with the following
modifications:
(1) Condition No. 4(e) shall be revised as follows: "The
traffic signal at the intersection of Village Road and
Rancho Viejo Road shall be installed and operational
prior to issuance of Certificates of Occupancy for the
project."
(2) Condition No. 5 requiring the applicant to participate
in public improvements with the City of Mission Viejo
was deleted by separate motion.
(3) A new Condition No. 5 shall be added as follows: "An
open space easement shall be dedicated to the City for
Lot 20. Adjustments to the document shall recognize the
transfer of land from Lot 20 to Coast Bible Church for
that portion of the lot containing the existing barn and
adjacent area to create minimal setbacks in accordance
with the IP District. Said transfer to be place prior
to or concurrent with recordation of final map."
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RESOLUTION NO 91-4-16-4. CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP 89-435 (CAPISTRANO
GATEWAY/RESCO DEVELOPMENT COMPANY - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP 89-435 (CAPISTRANO
GATEWAY/RESCO DEVELOPMENT COMPANY)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Certification of Draft Addendum EIR:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted certifying
the draft Addendum Environmental Impact Report:
RESOLUTION NO 91-4-16-5 CERTIFICATION OF A DRAFT
ADDENDUM ENVIRONMENTAL IMPACT REPORT - REZONE 89-08
AND SPECIFIC DEVELOPMENT PLAN 90-02 (CAPISTRANO
GATEWAY/RESCO) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
MAKING CERTAIN FINDINGS WITH RESPECT TO THE
ENVIRONMENTAL IMPACTS OF THE REZONE AND SPECIFIC
DEVELOPMENT PLAN FOR REZONE 89-08 AND SPECIFIC
DEVELOPMENT PLAN 90-02 DRAFT SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT (CAPISTRANO
GATEWAY/RESCO)
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 8:37 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:44 p.m.
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LEE
CITY MANAGER
1. COMMISSION STANDARDS (110.10)
Written Communication:
Report dated April 16, 1991, from the Council Services
Manager, noting that this item was continued from the meeting
of April 2, 1991.
It was a consensus of the Council that staff be directed to
prepare a Code Amendment which would outline commission/board
standards with regard to member absences and another Code
Amendment which would address Council policy changes that
affect the Municipal Code.
2. CITY ATTORNEY CONTRACT (STRADLING. CARLSON, YOCCA & RAUTH)
(600.30)
Written Communication:
Report dated April 16, 1991, from the Assistant City Manager,
forwarding a proposed agreement between the City and the
legal firm of Stradling, Carlson, Yocca & Rauth to contract
for interim City Attorney services, as directed by the City
Council at its meeting of March 19, 1991.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried that the Agreement for
City Attorney Services be approved through September 30,
1991. The Mayor and City Clerk were authorized to execute
the document on behalf of the City.
3. ANNUAL CITYWIDE CLEAN-UP WEEK - MAY 6 THROUGH 10. 1991
(530.60)
Written Communication:
Report dated April 16, 1991, from the Assistant City Manager,
announcing the dates of the annual pickup by Solag Disposal
of unlimited items for disposal and the requirements.
Mayor Friess noted that hazardous waste materials were not
included in this annual cleanup.
With the consensus of Council, Mayor Friess ordered the
Report received and filed.
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Ls.
4. DOWNTOWN MERCHANTS ASSOCIATION CINCO DE MAYO STREET FAIR AND
DANCE (130.30)
written Communication:
Report dated April 16, 1991, from the Community Development _
Manager, announcing the Cinco de Mayo Street Fair and Dance,
sponsored by the Downtown Merchants Association, to be held
on Sunday, May 5, 1991, from 1:00 p.m. to 5:00 p.m. on E1
Camino Real and Yorba Street. The Report described related
activities and proposed street closures for the event, as
well as announced the Community Services Department's annual
Cinco de Mayo celebration to be held on Saturday, May 4,
1991, at the old High School tennis courts.
Jeffrey Parker, Assistant to the City Manager, made an oral
presentation and commended Chris McLaughlin of M&M Jewelers
and David Swerdlin of the Downtown Merchants Association for
their contributions toward this event.
With the consensus of Council, Mayor Friess ordered the
Report received and filed.
Endorsement of Cinco de Mayo Activities:
It was moved by Councilman Jones, seconded by Councilman
Buchheim, and unanimously carried that the activities
surrounding both Cinco de Mayo celebrations be endorsed by
the City Council.
DIRECTOR OF ADMINISTRATIVE SERVICES
1.
Written Communication:
Report dated April 16, 1991, from the Director of Administra-
tive Services, regarding the sale of a City -owned single-
family dwelling located at 28121 Calle San Remo and outlining
costs involved with the repair sale of the property totaling
$10,100.
Approval of Repairs and Listing Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the Director of Admini-
strative Services be authorized to proceed with repairs to
the single-family dwelling located at 28121 Calle San Remo
and to execute a 60 -day property listing contract with
Tarbell Real Estate Agency.
The Council will adjourn to a closed session to discuss the
sale, appraisal, and listing prices for the property.
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DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated April 16, 1991, from the Acting Director of
Planning, advising that no Intent to File for Development
Review applications were received by the City since the last
report of March 19, 1991.
With the consensus of Council, Mayor Friess ordered the
Report received and filed.
DIRECTOR OF COMMUNITY SERVICES
1. OPEN SPACE UPDATE (530.40)
Written Communication:
Report dated April 16, 1991, from the Director of Community
Services, providing an overview of the various activities
associated with the Open Space Bond Act Measure D, including
development of a mailer, acquisition process, land management
issues, Coastal Conservancy, and public involvement activi-
ties.
Mr. King made an oral presentation summarizing the different
activities taking place.
Councilman Vasquez suggested, and it was a consensus of the
Council, that a questionnaire be distributed to all residents
to obtain their input for the ultimate use of the City's
purchased open space areas. The questions shall be kept
simple so as to be quickly analyzed, and alternates should
not be presented until citizen input has been received. The
Council shall review the questionnaire before distribution.
With the consensus of Council, Mayor Friess ordered the
Report received and filed.
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE IAS RIOS REVIEW COMMITTEE
(110.20)
Written Communication:
Report dated April 16, 1991, from the Council Services
Manager, noting that the vacancy had been advertised and two
applications were received.
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Councilman Buchheim nominated Ms. Perguson, noting her length
of residency, her membership with the Friends of the Library,
and her botanical background that would assist in the design
of the proposed Los Rios Park.
Councilman Vasquez spoke in favor of appointing Mr. Palmer,
noting that the portion of the Los Rios community between the
Museum and Del Obispo Street has been under -represented.
Appointment of Member:
It was moved by Councilman Buchheim and seconded by Council-
man Hausdorfer that Ms. Francis Perguson be appointed to the
vacancy on the Los Rios Review Committee. The motion carried
with Councilman Vasquez voting in opposition and Councilman
Jones abstaining due to a conflict of interest.
Mayor Friess stated that he would contact Mr. Palmer person-
ally to encourage his participation in the community.
2. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY (PAMELA
GIBSON, CULTURAL HERITAGE COMMISSION) (110.20)
Written Communication:
Report dated April 16, 1991, from the Council Services
Manager, forwarding the letter of resignation and noting that
the appointment will be scheduled for the Council meeting of
May 7, 1991.
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to regretfully accept the
resignation of Pamela Gibson from the Cultural Heritage
Commission and to declare the position vacant. Staff was
directed to prepare appropriate documents to commend
Ms. Gibson for her community service. The City Clerk was
directed to post notices of the vacancy and to advertise for
applications for the position.
Mayor Friess noted that Ms. Gibson requested that her
commemorative plaque be presented to her privately.
RESOLUTION ENDORSING MEASURE_J_ - JAIL TAX (580.
Written Communication:
Report dated April 16, 1991, from the City Clerk, forwarding
a letter from Sheriff Brad Gates requesting that the City
endorse Measure J, the �-cent sales tax for the construction
and operation of a new jail, which will appear on a special
County election ballot on May 14, 1991.
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151
Councilman Vasquez stated that although he supports the
construction of new jails, he could not support a sales tax
in that it is regressive in nature, and suggested that the
funds be derived from alternative sources.
Endorsement of Measure J:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted endorsing
Measure J:
RESOLUTION NO. 91-4-16-6. ENDORSING MEASURE J -
THE �-CENT SALES TAX FOR JAIL FACILITIES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ENDORSING MEASURE J,
A k -CENT SALES TAX FOR JAIL FACILITIES BEING
CONSIDERED AT A SPECIAL COUNTY ELECTION ON MAY 14,
1991
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
and Mayor Friess
NOES: Councilman Vasquez
ABSENT: None
ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted plans under way for the
construction of a public administration building at the
SERRA site in Dana Point.
COUNCIL COMMENTS
1. CITY'S 30TH BIRTHDAY (150.60)
Councilman Buchheim noted the upcoming 30th birthday of the
City and provided a brief history of its incorporation.
2. SMOKING PROHIBITION IN PUBLIC PLACES (585.20)
Councilman Jones requested that the City aggressively pursue
the possibility of adopting an ordinance which would prohibit
smoking or require non-smoking sections in the City's public
establishments.
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Approval of Smoking Prohibition Survey:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried that staff be directed
to study ordinances of other cities, as well as their
enforcement, regarding the prohibition of smoking in public
places and that the League of California Cities be contacted.
A report shall be provided to Council within 60 days.
STAFF COMMENDATION (730.901
Councilman Hausdorfer commended Cassandra Walker, Community
Development Manager, and Christine di Iorio, Senior Planner,
on their historical preservation activities.
4. AIR QUALITY STANDARDS - LEAGUE COMMITTEE VOLUNTEER (530.50)
Mayor Friess stated that a committee was being formed by the
League of California Cities to address the 20 -year regional
air quality standards and federal and state guidelines. He
requested that a volunteer from the Council serve on the
committee to act as the City's air quality expert, which
appointment is scheduled for the May 7 meeting.
5. PORNOGRAPHY (585.30)
Mayor Friess stated that he had contacted five retail
establishments in the City requesting that their display of
adult magazines that were within easy reach of youngsters be
relocated; all five stores complied. He expressed apprecia-
tion to those establishments and to Mrs. Skora and Ann
Cardoza for bringing the matter to the Council's attention.
6. HISTORIC TOWN CENTER COMMITTEE - COMMENDATION (400.20)
Mayor Friess commended the Historic Town Center Committee on
its commitment and cooperation toward reaching a consensus
of decision on the Historic Town Center project.
CLOSED SESSION
Council recessed to a Closed Session at 9:24 p.m. for discussion
of legal matters (Romer v. City and Committee to Restore Integrity
v. individuals), property acquisition matters (28121 Calle San
Remo), and meet -and -confer matters, the Deputy City
Clerk/Recording Secretary being excused therefrom, and reconvened
at 10:17 p.m.
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OF
There being no further business before the Council, the meeting
was adjourned at 10:17 p.m. to the Tuesday, April 30, 1991, at
5:00 p.m. in the City Council Chamber for a budget planning
worksession.
Respectfully submitted,
CHERYL JOHNSON, CITY ®CLERK
by Nancy Berry rdi, Deputy City Clerk/
Recording Secretary
ATTEST: r
EN ETH E. FRISS, MAYOR
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