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
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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.
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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.
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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
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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
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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.
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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.
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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)
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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)
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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
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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.
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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.
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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)
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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.
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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
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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
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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
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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.
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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.
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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
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