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91-0521_CC_Minutes_Regular MeetingMAY 21, 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 Mayor Friess. ROLL CALL: PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Councilman Gil Jones, Councilman Jeff Vasquez, Councilman ABSENT: Lawrence F. Buchheim, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; Thomas Clark, 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; Ed Green, Assistant Superintendent, Public Lands and Facilities; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of May 7. 1991: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the Minutes of the Regular Meeting of May 7, 1991, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Buchheim Adiourned Regular Meeting of April 30, 1991: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the Minutes of the Adjourned Regular Meeting of April 30, 1991, be approved as submitted. The motion carried by the following vote: AYES: NOES: ABSENT Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess None Councilman Buchheim -1- 5/21/91 MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that all Ordinances be read by title only. ORAL COMMUNICATIONS SOUTH COUNTY MILITARY CELEBRATION (595.601 Kathy Holmes, 31851 Paseo La Branza, expressed appreciation to Councilmen Buchheim, Jones, and Hausdorfer, Mayor Friess, and the City Manager for their attendance at the senior barbecue picnic on May 17. She also provided an update regarding donations of commission salaries by the Traffic and Transportation Commission, Parks and Recreation Commission, Equestrian Commission, and Planning Commission toward the South Orange County Military Celebration fund to be held in San Clemente on June 8, 1991. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Jones, 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, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Buchheim 1. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of April 30, 1991, in the total amount of $15,900,000 was approved as submitted. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated May 21, 1991, from the Acting Director of Planning, regarding actions taken at the meeting of May 1, 1991, was ordered received and filed. -2- 5/21/91 3. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated May 21, 1991, from the Acting Director of Planning, regarding actions taken at the meeting of May 8, 1991, was ordered received and filed. 4. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated May 21, 1991, from the Acting Director of Planning, regarding actions taken at the meeting of May 14, 1991, was ordered received and filed. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated May 21, 1991, from the Director of Engineer- ing and Building, regarding actions taken at the meeting of April 24, 1991, was ordered received and filed. 6. RESOLUTION. NOTICE OF COMPLETION. RELEASE OF SURETY, ACCEPTANCE OF PUBLIC IMPROVEMENTS - ARCHITECTURAL CONTROL 86-3 (FRANCISCAN PLAZA PHASE I/FARBER) (600.30) As set forth in the Report dated May 21, 1991, from the Director of Engineering and Building, the following Resolu- tion was adopted declaring the public improvements (sewer, storm drain, and street) constructed in conjunction with Franciscan Plaza Phase I to be complete: RESOLUTION NO. 91-5-21-1. COMPLETION OF PUBLIC IMPROVEMENTS ARCHITECTURAL CONTROL 86-3 (FRANCISCAN PLAZA PHASE I) - 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 PUBLIC IMPROVEMENTS (STREET, SEWER, AND STORM DRAIN) FOR ARCHITECTURAL CONTROL 86-3 (FRANCISCAN PLAZA PHASE I) The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder within ten (10) days from the date of acceptance. The City Clerk was authorized to exonerate the Bonds for Faithful Performance (Public) and Labor and Material (both in the amount of $296,900) and Monumentation ($2,000) thirty- five (35) days after recording the Notice of Completion. -3- 5/21/91 I.8A PUBLIC HEARINGS 2. CONSIDERATION OF WAIVER TO COMMUNITY DEVELOPMENT PLAN 81-2, GLENDALE FEDERAL PLANNED COMMUNITY REGARDING THE "HOUSING OPPORTUNITIES PROGRAM." LOMAS SAN JUAN AREAS C AND D (THE LUSK COMPANY) (CONTINUED FROM MAY 7. 1991) (430.30) Proposal: Consideration of a request to waive conditions of approval under Comprehensive Development Plan 81-2, Housing Opportunities Program. This hearing was continued from the meeting of May 7, 1991, to allow staff additional time to complete a financial pro -forma review. Applicant: The Lusk Company 17550 Gilette Avenue P.O. Box C-19560 Irvine, CA 92713 Written Communication: Report dated May 21, 1991, from the Acting Planning Director, recommending that the hearing be continued to the meeting of June 4, 1991, to allow staff additional time to complete the financial pro -forma review. Continuation of Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and there being no response, it was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that the hearing be continued to the meeting of June 4, 1991, at 7:00 p.m. in the Council Chamber. .6AbL'MLXX - 366U6 CHURCH) (670.50) Proposal: Consideration of a request by the Community Presbyterian Church for vacation of excess street right-of-way (irrevocable offer) and slope easements located between Del Obispo Street and the existing building to allow improvements to the church facility. Written Communication: Report dated May 21, 1991, from the Director of Engineering and Building, advising that the easements were of no use to the City and recommending approval of the request. The report included a letter received from John Chestek dated -4- 5/21/91 5 May 7, 1991, in opposition to the vacation due of maintenance concerns. Mr. Huber advised that the concerns expressed by Mr. Chestek would be resolved by the Weed Abatement Officer and the Code Enforcement Officer. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following person respon- ded: (1) Paul Larsen, 31912 Avenida Evita, member of the Commun- ity Presbyterian Church, stated that the debris from the deterioration of the old fence had been removed and that the area will be kept clean by the church. There being no further input, the hearing was declared closed with the right to reopen at any time. Approval of Vacation: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the following Resolution be adopted declaring the City's vacation of the excess right-of-way of Del Obispo Street and the adjacent slope easement: MENT. 32202 DEL OBISPO STREET, ASSESSOR'S PARCEL NO. 121-182-56 (COMMUNITY PRESBYTERIAN CHURCH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF 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, ASSESSOR'S PARCEL NO. 121-182-56 (COMMUNITY PRESBYTERIAN CHURCH) The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Buchheim -5- 5/21/91 3. INTENT TO VACATE EQUESTRIAN/HIKING TRAIL - VIA ARBOLEDA TO Proposal• Consideration of a request from Mr. Steven Lupinacci, 26031 Via Arboleda, for vacation of one of two equestrian/hiking trail easements located within his property. written Communications: (1) Report dated May 21, 1991, from the Director of Engin- eering and Building, recommending that the easements not be vacated in order to provide trail access for future residents of Via Pastoral, as recommended by the Equestrian and Recreation Trails Commission. (2) Letter dated May 20, 1991, from Stephen Coontz in favor of the vacation. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons respon- ded: (1) Gordon Schaller, 26022 Via Arboleda, spoke in favor of vacating the easements. (2) Steve Lupinacci, 26031 Via Arboleda, spoke in favor of the item and noted the potential loss of privacy if the trail were to be improved. (3) Jerry Harris, 31441 Avenida de la Vista, spoke in opposition to the vacation, emphasizing the importance of retaining feeder trails which connect to the City's trail system and expressing concern that a precedent would be set in allowing equestrian easements to be vacated. (4) Alex Schmick, 31751 Aguacate Road, spoke in favor of the vacation. There being no further input, the hearing was declared closed with the right to reopen at any time. _ Council Discussion: Councilman Vasquez spoke in favor of the vacation, stating that the trail does not provide a benefit to current resi- dents in that area and may never provide a significant benefit to the equestrian community. Councilman Jones stated that this was a unique situation and noted safety concerns. -6- 5/21/91 Councilman Hausdorfer stated that although he would support the proposed vacation, he was opposed to arbitrarily removing equestrian trail easements and losing the long-term equestrian goals established for the City. Approvai OT Equestrian/Hiring Trail Vacation: It was moved by Councilman Vasquez, seconded by Councilman Jones, that the following Resolution be adopted declaring the City's vacation of the easements: COONTZ/MACKENZIE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF 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 #649-311-20) OF PARCEL MAP RECORDED IN BOOK 108, PAGE 18 OF ORANGE COUNTY RECORDS (LUPINACCI/COONTZ/MACKENZIE) The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Buchheim RECESS AND RECONVENE Council recessed at 7:28 p.m. and reconvened at 7:31 p.m. Noting a conflict of interest, Mayor Friess left the Chamber and Councilman Hausdorfer presided for this public hearing. 4. REQUEST FOR REZONE 89-09, TENTATIVE TRACT 14181 AT PROPERTY LOCATED NORTH OF GOLF CLUB DRIVE AND EAST OF RANCHO VIEJO ROAD (FAIRWAY LAND COMPANY) (460.20) Proposal• Consideration of a rezone for modification of the approved Comprehensive Development Plan (CDP 86-4) for a 45 -lot subdivision located in the Marbella Planned Community. The modification would allow for the development of a mixed-use residential tract and commercial office complex. -7- 5/21/91 Applicant/Property Owner: Mr. Michael Knapp Fairway Properties Company 27462 Calle Arroyo, Suite A San Juan Capistrano, CA 92675 Written Communication: Report dated May 21, 1991, from the Acting Director of Planning, providing an analysis of the proposed project and issues of staff. Exhibits were on display and Wendie Schulenburg, Associate Planner, made an oral presentation, noting that the addendum to the previously certified EIR would require the project to comply with the Housing Opportunities Program once the program is approved by the City. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons respon- ded: (1) The applicant, Michael Knapp, noted revisions made to the proposed project since 1987 and requested Council approval. There being no further input, the hearing was declared closed with the right to reopen at any time. Introduction of Ordinance Approving Rezone 89-9: The City Manager 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 Jones, seconded by Councilman Vasquez, that the following Ordinance be introduced: REZONE 89-09 (FAIRWAY PROPERTIES COMPANY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP AND AMENDING THE MARBELLA COMPREHENSIVE DEVELOPMENT PLAN BY APPROVING THE ZONING OF THE PROPERTY LOCATED ON AND ADJACENT TO THE WESTERN PERIMETER OF THE MARBELLA PLANNED COMMUNITY, NORTH OF GOLF _ CLUB DRIVE, EAST OF RANCHO VIEJO ROAD TO FAIRWAY RESIDENTIAL AND COMMERCIAL OFFICER (FAIRWAY PROPERTIES COMPANY) -8- 5/21/91 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, and Vasquez NOES: None ABSTAIN: None ABSENT: Councilman Buchheim and Mayor Friess certifying Draft Addendum EIR: It was moved by Councilman Jones, seconded by Councilman Vasquez that the following Resolution be adopted: RESOLUTION NO. 91-5-21-4, CERTIFICATION OF A DRAFT AnTIPWnTTM Pi MT7TDAMMT7MTLT. TMDLfT 12rDl1DT - DP7nMr AQ -Q PROPERTIES COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS OF REZONE 89-9 AND VESTING TENTATIVE TRACT 14181 DRAFT ADDENDUM ENVIRONMENTAL IMPACT REPORT (FAIRWAY PROPERTIES COMPANY) The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, and Vasquez NOES: None ABSTAIN: None ABSENT: Councilman Buchheim and Mayor Friess Approval of Vesting Tentative Tract Map 14181: It was moved by Councilman Jones, seconded by Councilman Vasquez that the following Resolution be adopted: RESOLUTION NO. 91-5-21-5. APPROVING TENTATIVE TRACT MAP 14181 (FAIRWAY PROPERTIES COMPANYI - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP 14181, LOCATED AT THE WESTERN PERIMETER OF THE MARBELLA PLANNED COMMUNITY, EAST OF RANCHO VIEJO ROAD AND NORTH OF GOLF CLUB DRIVE (FAIRWAY PROPERTIES COMPANY) -9- 5/21/91 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, and Vasquez NOES: None ABSTAIN: None ABSENT: Councilman Buchheim and Mayor Friess Mayor Friess returned to the Council Chamber. RECESS AND RECONVENE Council recessed at 7:40 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:18 p.m. ADMINISTRATIVE ITEMS CITY MANAGER TRI CITIES MEMORANDUM OF UNDERSTANDING - REGIONAL WASTE MANAGEMENT PLANNING AND DEVELOPMENT OF FACILITIES (600.50) Written Communication: Report dated May 21, 1991, from the Management Assistant I, regarding the need for the City to express cooperation with the cities of San Clemente, Dana Point, and Laguna Niguel to establish mutual recycling goals pursuant to the California Integrated Waste Management Act of 1989. Approval of the MOU would not commit the City to adopt a solid waste facility or to participate in a joint powers authority. Mr. Scarborough made an oral presentation. Councilman Vasquez felt that approval of the MOU was prema- ture and should be postponed since it refers to the cities' commitment to accomplish the goals and objectives in the Source Reduction and Recycling Element (SRRE), which was not available for Council review. Mr. Scarborough stated that although the MOU would not commit the City to any particulars and would just express mutual cooperation with the contracting cities, approval of the MOU could be delayed until a draft of the SRRE was obtained for Council review. Approval of Memorandum of Understanding: It was moved by Councilman Jones, seconded by Councilman Hausdorfer and carried with Councilman Vasquez voting in the -10- 5/21/91 negative, that the Memorandum of Understanding for Regional Integrated Waste Management Planning in South Orange County be approved. The Mayor was authorized the sign the document on behalf of the City. DIRECTOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated May 21, 1991, from the Acting Director of Planning, advising that two Conditional Use Permit applica- tions, one Architectural Control modification, and one Tentative Parcel Map were received by the City since the last report of April 16, 1991. The Report was received and filed. APPROVAL OF CONSULTING SERVICES AGREEMENT - GLENFED AREA H. TRACT 13726 (LAWRENCE ASSOCIATESI (600.301 Written Communication: Report dated May 21, 1991, from the Acting Director of Planning, recommending that the current contract with Lawrence Associates for consulting planning services with regard to the Glenfed Area H project be extended so that current processing on the project can be completed. Mr. Tomlinson made an oral presentation, noting that all costs expended to date to Lawrence Associates as planning consultants for this project have been paid by Glenfed. Councilman Vasquez felt that the contract should not be extended and the planning work for the project completed in- house due to the amount of funds already expended by the City for planning consultants and the City's present budget con- straints. Mr. Tomlinson noted the significant reduction in Planning staff and use of consultants over the past year and the need to meet Glenfed's processing deadline of June 19, 1991. Approval of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Jones and carried with Councilman Vasquez voting in the negative, that the Agreement for Consulting Services be approved with Lawrence Associates for the period ending November 21, 1991, in the amount of $15,000. The Mayor was authorized to execute the document on behalf of the City. -11- 5/21/91 3. ORDINANCE AMENDING SECTION 9-3.631 OF TITLE 9 OF THE MUNICIPAL CODE - "HOME OCCUPATIONS" (RE -INTRODUCTION) (420.30) Written Communication: Report dated May 21, 1991, from the Acting Director of Planning, requesting that the proposed ordinance be re- introduced pursuant to the first reading on April 2, 1991, because of subsequent revisions made to the ordinance clarifying frequent business activity and the definition of a commercial vehicle. Mr. Tomlinson made an oral presentation, noting that home occupation permit holders would operate on a "good -neighbor" policy and that violations of the ordinance would be ad- dressed on a complaint basis. With regard to frequent business activity, the revised ordinance would allow for service contract employees, e.g. lawyer, accountant, to come to the home and perform intermittent work, limiting the number of people who would be visiting the residence at one time. Mayor Friess suggested that the ordinance include a provision to allow for part-time or full-time clerical or accounting - type help at the residence. Councilman Vasquez felt that the space a home occupation uses in a residence should be based on 50% of the residence's total square footage and not a flat number of square feet. He also felt that the condition prohibiting the distribution of merchandise from the residence should be deleted. It was a consensus among the other Councilmen that 50% of the total square footage was too large of an area and that unless the home business activity bothered the neighbors, there would be no reason for Code Enforcement to verify the actual square footage used in the residence. The City Manager 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 re -introduced, with the following modification: Regulation No. 8 shall include the provision for the employment of clerical/bookkeeping-type support at the residence. -12- 5/21/91 REVISING HOME OCCUPATION REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING SECTION 9-3.611 ENTITLED "HOME OCCUPATION" OF TITLE 9 "LAND USE" OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, and Mayor Friess NOES: Councilman Vasquez ABSENT: Councilman Buchheim 4. REQUEST FOR APPROVAL - WORKING DRAWINGS, HISTORIC DEPICTION PROGRAM FOR JUDGE EGAN HOUSE, ARCHITECTURAL CONTROL 90-9 (GALLERIA CAPISTRANO DiMAIO) (410.60/610.30) Written Communication: Report dated May 21, 1991, from the Acting Director of Planning, recommending that the Historic Depiction Program submitted for the adaptive reuse of the Judge Egan House as an art gallery, located at 31879 Camino Capistrano, be approved. Exhibits were on display, and Mr. Tomlinson made an oral presentation. Ms. Sue DiMaio expressed appreciation to City staff for their support and cooperation. She noted that installation of the plaque may take another 8-10 weeks and requested that the Certificate of Occupancy be granted upon completion of the entry. Mr. Tomlinson concurred with her request. Approval of Historic Depiction Program: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the following Resolution be adopted conditionally approving the final working drawings for the Historic Depiction Program for Architectural Control 90-09: RESOLUTION NO. 91-5-21-6. HISTORIC DEPICTION PROGRAM FOR ARCHITECTURAL CONTROL 90-09 (EGAN HOUSE/DiMAIO) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING THE FINAL WORKING DRAWINGS FOR THE HISTORIC DEPICTION PROGRAM FOR ARCHITECTURAL CONTROL 90-09 (EGAN HOUSE/DiMAIO) -13- 5/21/91 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Buchheim DIRECTOR OF PUBLIC LANDS AND FACILITIES 1. EXTENSION OF CONTRACT - LANDSCAPE MAINTENANCE OF CITY PARKS, PARKWAYS FACILITIES AND LANDSCAPE MAINTENANCE DISTRICTS (BOTACO. INC.) (600.30) Written Communication: Report dated May 21, 1991, from the Director of Public Lands and Facilities, requesting that a one-year extension to the contract with BotaCo be approved for the maintenance of City parks, parkways, facilities, and Landscape Maintenance Districts. Mr. Scarborough made a brief oral presentation, noting that to go to bid at this time in the process would be a very lengthy, complicated process and that bids could be sought for multi-year contracts in 1992. Mr. Julian noted that the contract amount for the extension was heavily reduced due to a reduction in service levels. Councilman Jones stated that he would support staff's recommendation to approve the extension because of the City's financial constraints and the need for service but felt that the contract should go to a competitive bid before another renewal is requested because of inequities in the present maintenance. Councilman Vasquez inquired about the method of payment to BotaCo for its services. Mr. Green explained that the firm is paid on a monthly basis and that itemized services can be deducted from the amount of the contract, if desired. Mr. Scarborough noted that the City Council may limit the amount of funds to be spent for a particular service. Approval of Contract Extension: It was moved by Councilman Hausdorfer, seconded by Councilman Jones and carried with Councilman Vasquez voting in the negative, that the one-year extension to June 30, 1992, with BotaCo, Inc. be approved for the maintenance of City parks, parkways, facilities, Landscape Maintenance District No. 1, and Landscape Maintenance Districts for Tracts 7673, 8485, 9382, 9284, and 9373/7654. -14- 5/21/91 DIRECTOR OF COMMUNITY SERVICES 1. ORANGE COUNTY FOOD DRIVE - JUNE 10-21, 1991 (585.50) Written Communication: Report dated May 21, 1991, from the Director of Community Services, advising that the City will participate in the County's 1991 Food Drive. Collection barrels will be located at the Chamber of Commerce, City Hall, the Hot Springs Dance Hall, and the Old Fire Station Recreation Complex. The Report was received and filed. DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. RESOLUTION OF APPROVAL OF APPLICATION - Written Communication: Report dated May 21, 1991, from the Director of Engineering and Building, requesting that the application for orange County Transportation Commission grant funds in the amount of $8,146 be approved for the installation of handicapped access ramps at eight locations in the City. Approval of Application: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the following Resolution be adopted approving the application for Senate Bill 821 (OCTC) grant funds in the amount of $8,146: RESOLUTION NO. 91-5-21-7, APPROVAL OF APPLICATION FOR SENATE BILL 821 (OCTC) LOCAL GRANT FUNDS (HANDICAPPED ACCESS RAMPS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS UNDER SENATE BILL 821 (HANDICAPPED ACCESS RAMPS) The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Buchheim -15- 5/21/91 RESOLUTION OF APPROVAL OF APPLICATION - SENATE BILL 821 (OCTC) REGIONAL GRANT FUNDS FOR DESIGN OF VEREDA BIKEWAY AT RAILROAD CROSSING (600.50) Written Communication: Report dated May 21, 1991, from the Director of Engineering and Building, requesting that the application for Orange County Transportation Commission grant funds be approved for the design of the bicycle trail undercrossing at the railroad bridge at San Juan Creek. The estimated cost is $20,000. Approval of Application: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the following Resolution be adopted approving the application for Senate Bill 821 (OCTC) grant funds for the design of the Vereda Bikeway undercrossing at the San Juan Creek railroad bridge: RESOLUTION NO 91-5-21-8 APPROVAL OF APPLICATION _(DESIGN OF VEREDA BIKEWAY RAILROAD UNQZXL;XU6b1NGj - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE FUNDS UNDER SENATE BILL 821 (DESIGN OF VEREDA BIKEWAY RAILROAD UNDERCROSSING) The motion carried by the following vote: AYES: NOES: ABSENT: ORDINANCES 1. ORDINANCE Al "UNAUTHORIZE (810.60) Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess None Councilman Buchheim Written Communication: Report dated May 21, 1991, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 7, 1991, and was scheduled for adoption. Adoption of Ordinance: The City Manager read the title order. Further reading of all earlier in the meeting. It -16- of the Ordinance next in Ordinances had been waived was moved by Councilman 5/21/91 2. 19'7 Hausdorfer, seconded by Councilman Jones, that the following Ordinance be adopted: ORDINANCE NO. 684, UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 6-3.14, "UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS," TO THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Buchheim ORDINANCE AMENDING TITLE 2 OF CHAPTER 2 OF THE MUNICIPAL CODE - COMMISSION STANDARDS (ADOPTION) (110.10) Written Communication: Report dated May 21, 1991, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 7, 1991, and was scheduled for adoption. Adoption of Ordinance: The City Manager 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 Jones, seconded by Councilman Hausdorfer, that the following Ordinance be adopted: ORDINANCE NO, 685, AMENDING TITLE 2. CHAPTER 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO ATTENDANCE STANDARDS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, ADMINISTRATION, CHAPTER 2, COMMISSION AND BOARDS, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE - ATTENDANCE STANDARDS The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Buchheim -17- 5/21/91 Pq 44 3. Written Communication: Report dated May 21, 1991, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 7, 1991, and was scheduled for adoption. Adoption of Ordinance: The City Manager 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 Jones, seconded by Councilman Vasquez, that the following Ordinance be adopted: ORDINANCE NO 686 APPROVING REZONE 90-7 (BEDFORD PROPERTIES) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 569 BY APPROV- ING THE ZONING OF THE PROPERTY LOCATED SOUTH OF BARWICK NISSAN, WEST OF CAMINO CAPISTRANO, AND EAST OF AT&SF RAILROAD TRACKS FROM PD (PLANNED DEVELOP- MENT/COMPREHENSIVE DEVELOPMENT PLAN 86-1) TO PD (PLANNED DEVELOPMENT/SPECIFIC DEVELOPMENT PLAN 90-3 (BEDFORD PROPERTIES) The motion carried by the following vote: AYES: Councilmen Jones and Vasquez, and Mayor Friess NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: Councilman Buchheim COUNCIL COMMENTS 1. BOND ANTICIPATION NOTE REFUNDING (340.30) Councilman Vasquez expressed concern regarding the amount of growing debt attributed to actions of the Community Redevel- opment Agency and suggested that alternatives be considered to relieve the debt. He requested that a presentation be given by staff providing information on the Agency's finan- cial situation, its reserves, etc. Mayor Friess requested that the matter be addressed at the June 18, 1991, meeting. -18- 5/21/91 1991 2. WATER CONVENTION (1050.90) Councilman Jones noted his attendance at the recent state water convention in Monterey and commended the Capistrano Valley Water District on its water conservation measures. 3. PARKING STRUCTURE FEES (570.70) Councilman Jones noted the use of parking structure fees by some cities and requested that the City's parking structure fee schedule be addressed. 4. LOS RIOS AREA CLEANUP - BLOCK GRANT FUNDS (400.501 Councilman Jones suggested that consideration be given to assisting certain residents who are unable to physically perform yard maintenance chores themselves. Jeffrey Parker, Assistant to the City Manager, noted that $10,000 in Community Development Block Grant Funds may be available for that purpose in early 1992. 5. ORANGE COUNTY VICTORY PARADE (580.50) Mayor Friess noted his attendance at the Orange County Victory Parade held in Irvine on Saturday, May 18, in honor of the military personnel who participated in the Persian Gulf War, and urged public participation in the South County celebration scheduled for June 8 in San Clemente. 6. KIWANIS CIRCUS (130.30) Mayor Friess commended the Kiwanis Club and City staff for the success of the circus held two weeks ago. 7. MAYOR'S COMMUNITY PRIDE AWARD (610.30) Mayor Friess appointed Sue DiMaio and Danny Letsinger to a committee to select several properties for nomination to receive the Mayor's Community Pride Award, with plaques to be presented at the July 2, 1991, meeting and recognition given at the City's July 4th event. S. FENCE REPAIR - SWALLOWS (400.50) Mayor Friess requested that the hazardous fence condition between E1 Peon and the Swallows Inn be addressed immedi- ately. -19- 5/21/91 CLOSED SESSION Council recessed to a Closed Session at 9:15 p.m. for discussion of personnel and legal matters pursuant to Government Code Section 54956.9(a) (pending litigation for Romer v. City, Maurer v. City, and Committee to Restore Integrity v. Individuals), Section 54956.9(b) (litigation), and Section 54957.6 (personnel) and Section 54956.8 (real estate negotiations), the City Clerk being excused therefrom, and reconvened at 11:00 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:00 P.M. to the next regular meeting date of Tuesday, June 4, 1991, at 7:00 p.m. in the City Council Chamber. ATTEST: KENNETH E. FR ESS, MAYOR Respectfully submitted, !�4 -20- 5/21/91