91-0618_CC_Minutes_Regular Meeting225
JUNE 18, 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
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Gil Jones, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: George Scarborough, Assistant City Manager; Thomas
Clark, Acting City Attorney; Cheryl Johnson, City Clerk; David
Bentz, Director of Administrative Services; William M. Huber,
Director of Engineering and Building Services; Thomas Tomlinson,
Acting Director of Planning Services; Al King, Jr., Director of
Community Services; Ronald C. Sievers, Director of Public Lands
and Facilities; Jeffrey C. Parker, Assistant to the City Manager;
Nancy Bernardi, Recording Secretary.
MINUTES
Regular Meeting of May 21. 1991:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the Minutes of the Regular Meeting of May 21, 1991,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Jones, Hausdorfer,
Vasquez, and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Regular Meeting of June 4 1991:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the Minutes of the Regular Meeting of June 4, 1991,
be approved as submitted. The motion carried by the following
vote:
-1-
6/18/91
226
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Adjourned Regular Meeting of June 11. 1991:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the Minutes of the Adjourned Regular Meeting of
June 11, 1991, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSTAIN: Councilman Hausdorfer
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.
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION - ATSUO ITO MEMBER OF THE LOS RIOS REVIEW
COMMITTEE (110.30)
Written Communications:
Report dated June 18, 1991, from the Council Services
Manager.
Mayor Friess presented a City seal tile plaque to Atsuo Ito,
member of the Los Rios Review Committee, for his
contributions and commitment to the preservation of the Los
Rios Historic District and to the community as a whole.
2. PRESENTATION STONEHILL DRIVE EXTENSION GROUNDBREAKING
(WILLIAM MURPHY) (610.40)
Written Communications:
Report dated June 18, 1991, from the Council Services
Manager.
Mayor Friess presented William Murphy, retired Director of
Public Works, with an engraved shovel used during the
-2-
6/18/91
227
groundbreaking ceremony for the Stonehill Drive extension on
May 8, 1991, in recognition of his efforts and contributions
on the project over the past years.
3. COMMENDATION - SHERIFF'S DEPARTMENT 1730.901
Mayor Friess noted a letter received from James A. Fleming,
Superintendent of Schools, Dade County, Florida, commending
the assistance he received from Orange County Sheriff Officer
William Mowry in March 1991. Mr. Fleming was recently hired
as the new Superintendent of the Capistrano Unified School
District.
Mayor Friess also noted a telephone call from an unidentified
woman commending the assistance she received recently from
several Sheriff's Department officers.
ORAL COMMUNICATIONS
1. RECALL PETITIONS (630.20)
Phillip Weissburg, 31196 Via San Vicente, announced the
approval and availability of recall petitions for Councilman
Hausdorfer and Mayor Friess and requested that anti -recall
literature be removed from the Council Chamber, stating its
presence in the Chamber was illegal. The material was
removed from the Chamber.
2. BUDGET CONSIDERATIONS (330.20)
Joan Scarantino, 27441 Ortega Highway, inquired regarding
rent from the San Juan Institute and the Decorative Arts
Center. She was advised the item would be addressed during
the budget public hearing.
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
-3-
6/18/91
1. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
7. RESOLUTION NOTICE OF COMPLETION AND RELEAbE Qk- JUXZTX -
As set forth in the Report dated June 18, 1991, from the
Director of Engineering and Building, the following
Resolution was adopted declaring the construction of public
improvements to be complete:
-4-
6/18/91
The City Treasurer's Report of Investments as of May
31,
1991, in the total amount of $16,200,000, was approved
as
submitted.
2.
REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated June 18, 1991, from the Director
of
Planning, regarding actions taken at the meeting of June
5,
1991, was ordered received and filed.
3.
REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated June 18, 1991, from the Director
of
Planning, regarding actions taken at the -seting of May
30,
1991, was ordered received and filed.
4.
REPORT OF PLANNING COMMISSION ACTIONS (44.:,40)
The Report dated June 18, 1991, from the Director
of
Planning, regarding actions taken at the meeting of June
11,
1991, was ordered received and filed.
5.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated June 18, 1991, from the Director
of
Engineering and Building, regarding actions taken at
the
meetings of May 8 and May 22, 1991, was ordered received
and
filed.
6.
DENIAL OF CLAIM - COUNTY OF C:_.iNGE CLAIM_rFOR INDEMNITY
(HOWARD O. HARRIS) (170.10)
The claim for indemnity received by the City on May 30, 1991,
from attorney Ric C. Ottaiano, on behalf of the County
of
Orange, as a result of the personal injury claim filed
by
Howard Harris was denied, as set forth in the report dated
June 18, 1991, from the Assistant City Manager.
7. RESOLUTION NOTICE OF COMPLETION AND RELEAbE Qk- JUXZTX -
As set forth in the Report dated June 18, 1991, from the
Director of Engineering and Building, the following
Resolution was adopted declaring the construction of public
improvements to be complete:
-4-
6/18/91
RESOLUTION NO. 91-6-18-1, COMPLETION OF PUBLIC
IMPROVEMENTS PARCEL MAP 88-227, SYCAMORE
INDUSTRIAL PARK (SPAULDING) - 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 FOR PARCEL MAP 88-227 -
SYCAMORE INDUSTRIAL PARK (SPAULDING)
The Resolution accepted the work as complete. The City Clerk
was directed to forward a Notice of Completion to the County
Recorder and to release Letter of Credit No. 138966 for Labor
and Material ($35,200) and Letter of Credit No. 138969 for
Monumentation ($2,000). Letter of Credit No. 138967 for
Performance ($35,200) may be released June 18, 1992.
PUBLIC HEARINGS
1. CONSIDERATION OF GENERAL PLAN AMENDMENT 90-07 - AIR QUALITY
ELEMENT (440.25)
Proposal•
Consideration of an Air Quality Element for inclusion in the
City's General Plan, in compliance with the South Coast Air
Quality Management District (AQMD) requirements that local
jurisdictions develop an action program to comply with the
implementation measures established by the Air Quality
Management Plan (AQMP) adopted by the District in 1989.
Written Communication:
Report dated June 18, 1991, from the Acting Director of
Planning, summarizing the Air Quality Element and forwarding
the document for approval.
Mr. Tomlinson requested that the hearing be continued to
July 16, 1991, to further address several issues.
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
Buchheim, and unanimously carried that the hearing be
continued to the regular meeting of July 16, 1991.
Councilman Hausdorfer emphasized the importance of carefully
researching this Element to the General Plan and of the
public's awareness of this issue. Staff was directed to
address all items related to air quality (e.g, the lighting
of barbecues) and whether the regulations should be adopted
as a City policy rather than part of the General Plan.
-5-
6/18/91
2.
RECYCLING FACILITIES (420.30/810.60)
Proposal:
Consideration of an Ordinance regulating the establishment
of recycling facilities within the City. The ordinance
assures compliance with Assembly Bills 939 and 2020
requirements.
Written Communication:
Report dated June 18, 1991, from the Assistant City Manager,
describing the different types of recycling facilities and
how their siting in the City should be regulated.
With the aid of a sl presentation, Douglas Dumhart,
Management Assistant I, zde an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following person
responded:
(1) Joan Scarantino, 27441 Ortega Highway, expressed concern
that residents will be required to pay for recycling
efforts in a number of different ways.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Council Discussion:
Councilman Jones stated that the location of the smaller
types of recycling facilities, especially the reverse vending
machines, should be more strictly regulated; that the units
were unsightly and could create hazards in pedestrian areas.
Introduction of Ordinance:
The Assistant 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
Buchheim, seconded by Councilman Hausdorfer, that the
following Ordinance be introduced regulating recycling
facilities:
AMENDING TITLE 9 OF THE MUNICIPAL CODE TO ADD
PROVISIONS FOR RECYCLING FACILITIES - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING SECTION 9-3.629 OF THE MUNICIPAL CODE
ENTITLED, "RECYCLING FACILITIES"
The motion carried by the following vote:
G-
6/18/91
2311
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Staff was directed to address Councilman Jones' concerns
regarding the location of reverse vending machines.
3. ADOPTION OF THE 1988 UNIFORM FIRE CODE WITH AMENDMENTS
(540.30)
Proposal•
Consideration of a request by the Orange County Fire
Department for adoption of the 1988 Edition of the Uniform
Fire Code and amendments to provide uniformity of enforcement
within the jurisdictions receiving service from the Orange
County Fire Department.
Written Communication:
Report dated June 18, 1991, from the Director of Engineering
and Building, noting the revisions and amendments to the
Uniform Fire code and recommending that the City include the
requirement that all new single-family residential
construction under 6,000 square feet install fire sprinklers.
Dan McFarland, Building Officer, and Sam Husoe, Fire Marshal,
gave oral presentations. Mr. McFarland noted additional
amendments to the ordinance.
Public Hearino:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons respon-
ded:
(1) Julie Vandermost, on behalf of the Orange County
Building Industry Association, 2001 East Fourth Street,
Suite 224, Santa Ana, voiced opposition to any
amendments that exceed the Uniform Building Code, e.g.
fire sprinklers for all new single-family residences.
She stated that sprinklers should be evaluated for
single-family residences on a case-by-case basis instead
of requiring them across the board.
(2) Richard Hill Adams, 33532 Forster Ranch Road, felt that
because of the excellent response times by the County
Fire Department within the City, requiring the installa-
tion of sprinklers was unwarranted. However, they
should be required in senior housing, nursing homes, and
-7-
6/18/91
9 432 1
day care facilities. He felt that homebuyers should
have discretion whether to install sprinklers because
of the difficulty many have in financing new homes.
(3) Joan Scarantino, 27441 Ortega Highway, received
information relative to operation of the a sprinkler
system.
(4) Richard Canelli, 3196 Paseo Amante, spoke in favor of
requiring sprinklers for new homes, noting a serious
fire which occurred on Via Madrina.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Council Discussion:
In response to Councilman Vasquez, Mr. Husoe -)vided
statistics regarding water damage caused by spz:=:lers.
Councilman Hausdorfer expressed concern regarding iz.creased
costs and felt that the need to install sprinkler systems
should be determined on a case-by-case basis by building
officials. Councilman Jones stated his feeling that the
human factor was more important than cost savings. Mayor
Friess noted the negligible cost impact on housing in the
City of San Clemente where installation of sprinklers is
mandatory, and cited his feeling that the human factor was
more important than cost savings.
of Ordinance:
The Assistant 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 Buchheim, that the
following Ordinance be introduced adopting the 1988 Uniform
Fire Code with amendments by the Building Official, but
deleting the requirement to install sprinkler systems in new
residential construction under 6,000 square feet:
AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE -
U_NIFORM FIRE CODE - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER
2 "FIRE PREVENTION" OF TITLE 4 "PUBLIC SAFETY"
RELATING TO ADOPTION BY REFERENCE OF THE UNIFORM
FIRE CODE, 1988 EDITION, WITH APPENDICES AND
AMENDMENTS THERETO; AND ADOPTING THE 1988 UNIFORM
FIRE CODE STANDARDS
-8-
6/18/91
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Buchheim, and
Vasquez
NOES: Councilman Jones and Mayor Friess
ABSENT: None
4. ADOPTION OF FIRE PREVENTION AND FALSE ALARM FEES (540.20)
Proposal•
Consideration of the Orange County Fire Department request
to adopt user fees for fire prevention activities, including
plan check and site inspections for new construction, and for
false alarms and miscellaneous activities, including standby
fire watch and special events site inspections. The Fire
Department requested adoption of the fees to maintain current
levels of fire prevention services.
Written Communication:
Report dated June 18, 1991, from the Director of Engineering
and Building, noting that the City would be responsible for
collecting plan check and permit issuance fees and
recommending that a 10% administrative charge be imposed.
Dan McFarland, Building Officer, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and there being no response,
closed the hearing with the right to reopen at any time.
Adoption of Fire Prevention and False Alarm Fees:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 91-6-18-2. ENACTING FEES FOR FIRE
PREVENTION. FALSE ALARMS AND MISCELLANEOUS
SERVICES - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENACTING
FEES FOR FIRE PREVENTION, FALSE ALARMS AND
MISCELLANEOUS SERVICES PROVIDED BY THE ORANGE
COUNTY FIRE DEPARTMENT AND TO AUTHORIZE THE COUNTY
OF ORANGE TO ADMINISTER COLLECTION AND ENFORCEMENT
OF SUCH FEES
-9-
6/18/91
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 8:30 p.m. and reconvened at 8:36 p.m.
PUBLIC HEARINGS (continued)
REQUEST TO SUBDIVIDE A 46 -ACRE RM 'Q LOCATED AT THE TERMINUS
OF CAMINO LA RONDA, TENTATIVE T CT 13726 AREA PLAN,
COMPOSITE DEVELOPMENT PLAN, AND_.,.,_%PPLEMENTAL ENVIRONMENTAL
IMPACT REPORT (GLENDALE FEDERAL AREA H) (420.401
Proposal:
Review of a proposal to subdivide a 46 -acre parcel into 63
custom home lots located in a box canyon at the end of Camino
La Ronda. The area is known as Glenfed Area H and is
surrounded on three sides by 200 -foot -high ridgelines which
have been dedicated to the City as permanent public open
space. The site is bordered on the north by the Los Corrales
and Hidden Mountain neighborhoods; on the east by undeveloped
property owned by the University of California; on the south
by the County landfill; and on the west by Glenfed Areas C
and D. The General Plan designation for the property is
Planned Community. The zoning is governed by Comprehensive
Development Plan 81-2. The proposal includes an Area plan
Composite Development Plan and Tentative Tract Map, a:.
required by the Comprehensive Development Plan. Included i.:
Council consideration was a Supplemental EIR, which was
required by the Environmental Review Board due to changes
made to the site plan. Area H is part of the Federal Court
Judgment dated December 21, 1987, allowing development of the
area. Issues of significance included secondary access to
Area H, traffic on Camino La Ronda, drainage, equestrian
uses, and grading impacts.
The Acting Director of Planning left the Chamber due to a
conflict of interest.
Applicant:
Ms. Louise Rice -Lawson
Glendale Federal Development Corp.
16601 Ventura Blvd.
Encino, CA 91436
-10-
6/18/91
Written Communication:
Report dated June 18, 1991, from the Land Use Manager,
reviewing the major issues and the mitigation measures
proposed by staff and the applicant.
Patricia Willcocks, Planning Consultant, provided an overview
of the proposed project including a visual analysis of the
alternative construction roads. She noted the applicant's
request for an additional condition of approval authorizing
temporary, supervised and controlled use of Camino La Ronda
by construction vehicles during inclement
Thomas Merrell, Planning Consultant for the project, reviewed
the discussions held with the Los Corrales residents and a
new construction route alternative which has a lesser impact
on grading by utilizing a geological "notch" already at the
reservoir site.
The applicant, Ms. Louise Rice -Lawson, spoke in support of
the new alternative for the construction road and her desire
to work with staff to perfect the plan. She explained that
Glenfed opposed an equestrian -oriented development because
of the inability to comply with equestrian regulations in the
box canyon and grading impacts.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons
responded:
(1) Dr. John Erickson, 27842 Via Estancia, spoke in
opposition to certification of the SEIR, but stated he
was in favor of the new construction route alternative
with an all-weather surface.
(2) John Gourlay, 28101 Camino La Ronda, commended staff and
the applicant for their cooperation and efforts and
requested that asphalt or some other surface be placed
on the construction road and that locked gates be placed
at the end of La Ronda and at the entrance of La Novia
to regulate construction traffic.
(3) Robert Eppers, 27832 Via Estancia, spoke in favor of the
alternate construction access road with a gate and noted
the petition originally submitted in August 1990.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
-11-
6/18/91
IL
Council Discussion:
Councilman Buchheim noted that water used during development
and grading would be non -potable and that air quality is
monitored on a daily basis by the AQMD. He cautioned that
the reservoir site should not be left open to public access.
Councilman Hausdorfer expressed the following concerns
regarding the construction road: the City's liability,
safety, use by off-road vehicles, security during off hours,
proper surface for the road, and the installation of gates
at both ends of the project.
Councilman Jones recommended that the road be constructed to
bear the weight of most construction vehicles. Councilman
Vasquez suggested that landscaping be _1anted along the
retaining wall to reduce its visual impa on the hillside.
Mr. Clark noted that the provision for a 11-asing opportuni-
ties Plan is enforceable on the applicar by the City and
requested a brief recess to meet with the applicant.
RECESS AND RECONVENE
Council recessed at 10:10 p.m. and reconvened at 10:15 p.m.
GLENFED AREA H - PUBLIC HEARING (continued):
Ms. Rice -Lawson indicated that Glenfed would specifically
agree to comply with the provisions in Condition. No. 21 of
the proposed Resolution regarding affordable housing.
It was -moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the following Resolution be adopted certify-
ing the Final Supplemental Environmental Impact Report as
complete and adopting the Mitigation Monitoring Program:
RESOLUTION NO 91-6-18-3 CERTIFYING SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT 90-03 (GLENDALE FEDERAL
AREA H) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING
AS COMPLETE SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT 90-03 FOR GLENFED AREA
-12-
6/18/91
237
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
AAoroval of Tentative Tract May 13726/Area Plan/Composite
Development Plan:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the following Resolution be adopted as
amended to include the following:
Condition 3.D.4.: In the event that rain or other
natural conditions render the construction access road
impassible, the Directors of Planning and Engineering
may authorize supervised and controlled use of Camino
La Ronda by construction vehicles for a temporary period
of time. Also included would be a condition that due
to the road's long-term use, the Director of Engineering
and Building shall work out a plan with the Water Dis-
trict and Glenfed to construct an all-weather construc-
tion road, or an acceptable alternative, with controlled
accesses at both ends of the project, which would comply
with the court settlement between the City and Glenfed,
to be approved by the City Council prior to final map
approval.
RESOLUTION NO. 91-6-18-4. APPROVING TENTATIVE TRACT
MAP 13726/AREA PLAN/COMPOSITE DEVELOPMENT PLAN FOR
GLENDALE FEDERAL AREA H - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 13726/
AREA PLAN/COMPOSITE DEVELOPMENT PLAN FOR GLENDALE
FEDERAL AREA H
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
The Acting Director of Planning returned to the Council
Chamber.
-13-
6/18/91
6. JOINT PUBLIC HEARING WITH THE COMMUNI.-Y REDEVELOPMENT AG71CY
BOARD OF DIRECTORS - REVIEW OF THE FI '::AL BUDGET FOR THE _LVE
YEARS BEGINNING JULY 1 1991 AND ENDING JUNE 30, 1996
(CONTINUED FROM JUNE 11, 1991) (330.20)
Proposal:
Consideration of the fiscal budget for the five-year period
beginning July 1, 1991, and ending June 30, 1996.
Written Communication:
Report dated June 18, 1991, from the Assistant City Manager,
forwarding the proposed budget calendar for approval.
In response to Mrs. Scarantino's inquiry during Oral Com-
munications, Councilman Vasquez suggested t1- t the Decorative
Arts Center consider purchasr_ -` weir buil -g and the money
received by the City from the purchase o :e building by
the Decorative Arts Center o;- the sale of t. wilding by the
Community Redevelopment Agency could b allocated for
Community Services funding. Mayor Friesr: noted that the
Decorative Arts property had been acquired specifically for
the benefit of the community and the terms of the contract
obligated the Agency to pay for the building.
There was a consensus of the Council that the issues
regarding the Decorative Arts Center and the San Juan
Institute be addressed at the budget hearing scheduled for
June 25, 1991.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and there was nom: response.
Adoption of Budget Calendar and Continuati:.-, of Hearing:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the public hearing be
continued to the Adjourned Regular Meeting of June 25, 1991
at 7:00 p.m., in the San Juan Hot Springs Dance Hall and that
the following budget calendar be adopted: June 25 —public
hearing at San Juan Hot Springs Dance Hall; July 2 - public
hearing and consideration of adoption of 1991-1996 budget.
RECESS AND RECONVENE
Council recessed at 10:25 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 10:50 p.m.
-14-
6/18/91
ADMINISTRATIVE ITEMS
CITY MANAGER
RENEWAL OF ANIMAL CONTROL/SHELTER SERVICES CONTRACT, FISCAL
YEAR 1991-92 - COUNTY OF ORANGE HEALTH AGENCY (600.50)
Written Communication:
Report dated June 18, 1991, from the Assistant City Manager,
recommending that the contract between the City and the
County be approved for animal control services through
June 30, 1992, at a cost of $30,560.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the Agreement for
Animal Control and Shelter Services with the County of Orange
be approved for the period July 1, 1991, through June 30,
1992, in the amount of $30,560.
2. EXTENSION OF ORANGE COUNTY FIRE SERVICES AGREEMENT TO
JUNE 30. 1992 (600.50)
Written Communication:
Report dated June 18, 1991, from the Assistant City Manager,
recommending that the agreement with the Orange County Fire
Department be extended for a one-year period.
Approval of Agreement Extension:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried that the Amendment to the
Agreement between the City and the Orange County Fire
Department be approved extending the present agreement for
a one-year period ending June 30, 1992.
MANDATORY RETIREMENT BENEFITS FOR PART-TIME. TEMPORARY, AND
SEASONAL PUBLIC SECTOR EMPLOYEES (INCLUDING CITY COUNCIL
MEMBERS AND COMMISSIONERSI (720.60)
Written Communication:
Report dated June 18, 1991, from the Assistant City Manager,
regarding a federally -mandated Social Security tax for public
sector employees who are not accruing a minimum level of
benefits as members of an existing retirement system,
including part-time, seasonal, temporary employees, elected
officials, and commissioners who are defined as employees
under IRS guidelines. A cost comparative of Social Security
to an alternative retirement system was provided in the
Report.
-15-
6/18/91
1
Mr. Scarborough stated that the issue of City Council members
and commissioners being subject to the provisions of the
Trea-sury regulations will not be determined until the
def 1.=:ition of a "retirement system" has been verified by the
Treasury. Until that time the City will assume that Council
members and commissioners will be subject to the require-
ments. If it is determined otherwise, funds will be returned
to the City.
Authorization to Study Alternative Retirement Plans:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried that:
(1) staff be authorized to continue studying alternative
approaches to the Social Security retirement benefits
mandate for part-time and temporary employees; and
staff be authorized to open a special trust account to
set aside funds for a City -employee contribution amount
of 3.75% each to meet the minimum IRS requirement of
7.5% effective July 2, 1991. The special trust account
would be established to transfer the funds to the
adopted program at a later time.
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated June 18, 1991, from the Acting Director of
Planning, advising that no new development applications were
received by the City since the last report of May 21, 1991.
The Report was received and filed.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
RESOLUTION APPROVING THE DEFINITION OF AND PROCESS FOR
DETERMINING CITY COMPLIANCE WITH THE COUNTY MASTER PLAN OF
ARTERIAL HIGHWAYS FOR SECURITY MEASURE M FUNDS (820.25)
Written Communication:
Report dated June 18, 1991, from the Director of Engineering
and Building, forwarding the Resolution approving the
definition of and process for determining City compliance
with the County Master Plan of Arterial Highways for securing
Measure M funds.
-16-
6/18/91
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 91-6-18-5. MASTER PLAN OF ARTERIAL
HIGHWAYS CONSISTENCY - MEASURE M FUNDS - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE DEFINITION
OF AND PROCESS FOR DETERMINING CITY COMPLIANCE WITH
THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS FOR
SECURING MEASURE M FUNDS
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
APPROVAL OF SEWER SERVICE OUTSIDE THE CITY LIMITS AT 31645
PEPPERTREE BEND (1040.30)
Written Communication:
Report dated June 18, 1991, from the Director of Engineering
and Building, regarding a request from Security Pacific
National Bank to have the City provide sewer service to the
property located at 31645 Peppertree Bend, Laguna Niguel,
which was previously hooked into the City's sewer system
illegally. In addition to entering into an agreement with
the Moulton Niguel Water District to provide sewer service
to the property, staff recommended that all costs by the City
to amend the Settlement Agreement be paid by the current
property owner, as well as sewer connection and inspection
fees, monthly sewer charges that are due, and a $10,000 fee
for legal and staff costs.
Mr. Huber discussed the $10,000 estimate for legal and staff
costs to be paid by the property owner.
David Lipsett, 27111 Camino de Estrella, Capistrano Beach,
Account Manager for Security Pacific National Bank, requested
that the current property owner not be held responsible for
legal and staff costs because of the illegal action taken by
the prior owner before ownership was transferred. He stated
he had only just learned of the $10,000 fee.
It was moved by Councilman Vasquez that the property owner
pay for actual legal fees or $10,000, whichever is the lesser
-17-
6/18/91
amount. Councilman Hausdorfer seconded the motion. The
motion was subsequently withdrawn.
Continuation of Item:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried that the item be contin-
ued and that staff be directed to meet with Mr. Lipsett
immediately to resolve the issue of costs.
DIRECTOR OF COMMUNITY SERVICES
1. FOURTH OF JULY CELEBRATION UPDATE (150.60)
Written Communication:
Report dated June 18, 1991, from the Director of Community
Services, forwarding the Event Schedule for the City's Fourth
of July celebration at Marco Forster Junior High School
athletic fields.
The Report was received and filed.
2. OPEN SPACE UPDATE (530.40)
Written Communication:
Report dated June 18, 1991, from the Director of Community
Services, providing an overview of the various activities
associated with the Open Space Bond Act Measure D.
The Report was received and filed.
COUNCILMANIC ITEMS
1.
Written Communication:
Report dated June 18, 1991, from the Council Services
Manager, forwarding the letter of resignation.
It was moved by Councilman Hausdorfer, seconded by Council-
man Jones, and unanimously carried to accept the resignation
of Jack McDowell. Staff was directed to proceed with
disbanding the commission.
2. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY (WILLIAM
FORTMUELLER DESIGN REVIEW COMMISSION) (110.20)
Written Communication:
Report dated June 18, 1991, from the Council Services
Manager, forwarding the letter of resignation.
-18-
6/18/91
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried to accept the resignation
of William Fortmueller and to declare the position vacant.
Staff was directed to prepare appropriate documents to
commend Mr. Fortmueller for his community service. The City
Clerk was directed to post notices of the vacancy and to
advertise for applications for the position for appointment
at the meeting of July 16, 1991.
3. PROCEDURES FOR REAPPOINTING COMMISSION AND BOARD MEMBERS
(110.20)
Written Communication:
Report dated June 18, 1991, from the Council Services
Manager.
Councilman Vasquez reiterated his request to allow City
Council members to make individual appointments to
commissions and boards. Mayor Friess stated that current
commission/board members feel the present system works well
and that it is the Council's responsibility to ensure that
communication is maintained. Councilman Jones felt that if
commissioners were appointed by individual Council members,
the entire Council should be able to vote on the appointment.
Reaffirmation of Current Policy:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and carried with Councilmen Buchheim and Vasquez
voting in the negative, that the current requirement for
Council majority vote in making appointments to
commissions/boards be retained.
4. ANNUAL REVIEW OF APPOINTMENT TO COMMITTEES, BOARDS, AND
COMMISSIONS (110.20)
Written Communication:
Report dated June 18, 1991, from the Council Services
Manager, forwarding the list of current appointees, their
appointment dates, and all active applications on file for
each commission and board.
Approval of Appointments:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that all current members of
the City's commissions and boards be reappointed.
-19-
6/18/91
COUNCIL COMMENTS
1. SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (1050.80)
Councilman Buchheim reported on the meeting held in the City
by the San Diego Regional Water Quality Control Board on
June 17, 1991, noting discussions held regarding the recent
sewer spillage.
CLOSED SESSION
Council recessed to a Closed Session at 11:30 p.m. for discussion
of legal matters per Government Code Section 54596.9(a) (Concorde
v. City; Committee v. City) and personnel matters per Government
Code Section 54957.6, the City Clerk being excused therefrom, and
reconvened at 11:50 p.m.
COUNCIL ACTIONS
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the City retain the
services of Rourke & Woodruff in the matters of Concorde v. City
and Committee v. City.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:50 p.m. to Tuesday, June 25, 1991, at 7:00
p.m. at the San Juan Hot Springs Dance Hall for a budget public
hearing.
ATTEST:
KENN TH E. FRIt8S, YOR
Respectfully submitted,
� ./[�it
CHERYL JQPNS(,>)Y, CITY CLERK
-20-
6/18/91