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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. -1- 4/16/91 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 -2- 4/16/91 137 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. -3- 4/16/91 136 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 -4- 4/16/91 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 -5- 4/16/91 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 nvnrrcrur_ nnnnnmrntrmTrc DDnCDAM 11 TnMAA CAN .TTTAN AREAS C AND 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. -6- 4/16/91 141 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 -7- 4/16/91 142 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. -8- 4/16/91 148 (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. -9- 4/16/91 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." -10- 4/16/91 �. A fp� (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." -11- 4/16/91 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. -12- 4/16/91 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. -13- 4/16/91 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. -14- 4/16/91 149 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. -15- 4/16/91 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. -16- 4/16/91 1. 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. -17- 4/16/91 152 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. -18- 4/16/91 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 -19- 4/16/91