91-0702_CC_Minutes_Regular Meeting253 -,
JULY 2, 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: 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, Director of Planning Services; Al
King, Jr., Director of Community Services; Ronald C. Sievers,
Director of Public Lands and Facilities; Nancy Bernardi, Recording
Secretary.
MINUTES
Regular Meeting of June 18, 1991:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the Minutes of the Regular Meeting of June 18,
1991, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Adjourned Regular Meeting of June 25 1991:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the Minutes of the Adjourned Regular Meeting of
June 25, 1991, be approved as submitted. The motion carried by
the following vote:
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AYES: Councilmen Jones, Hausdorfer, Buchheim,
and Vasquez
NOES: None
ABSTAIN: Mayor Friess
ABSENT: None
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.
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION DESIGNATING JULY 1991 AS PARKS AND RECREATION
MONTH (610.40)
Written Communication:
Report dated July 2, 1991, from the Director of Community
Services, forwarding the Proclamation.
Approval and Presentation of Proclamation:
Mayor Friess read the Proclamation in full. Terry D. Lowe,
Chairman of the Parks and Recreation Commission, was present
to receive the Proclamation.
2. PRESENTATION OF 1991 COMMUNITY PRIDE AWARDS (610.301
Written Communication:
Report dated July 2, 1991, from the Council Services Manager,
announcing the recipients of the 1991 Community Pride Awards
for excellence in building design, maintenance, and
landscaping.
Presentation of Awards:
Mayor Friess presented Certificates of Recognition to the
following: Cornelius and Tess Van Willigan, Mercado Village
(commercial); John Yelland, San Juan Capistrano Self Storage
(industrial); and Paul Farber, Franciscan Plaza (retail).
Plaques for special recognition of achievement were also
presented to Stephen Rios, Rios Adobe; Tony Forster,
representing the Historical Society for the O'Neill Museum;
Monsignor Martin, representing the Catholic Church of Mission
San Juan Capistrano; Harry Kollias, Harry's Family
Restaurant; Richard O'Neill, E1 Adobe de Capistrano
Restaurant; and, Charles F. Benninghoff, the Benninghoff Law
Building.
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ORAL COMMIINICATIONS (CITY COUNCIL/COMNDNITY REDEVELOPMENT AGENCY
1. RANCHO DAYS - AUGUST 24 AND 25. 1991 _(150.60)
David Swerdlin, representing the Downtown Merchants
Association, reported on plans in progress for the upcoming
Rancho Days. The event is scheduled for Saturday and Sunday,
August 24 and 25. Mr. Swerdlin cited the desire to close
Ortega Highway in front of the Mission and E1 Peon for use
as a forecourt. The closure would provide a showcase for
the future Historic Town Park and Center plans. The
celebration will involve historical tours, cultural events,
entertainment, and booths.
Mr. Swerdlin requested assistance from the City and there was
a concurrence with the closure of Ortega Highway and a
consensus of the Council that plans for Rancho Days continue
with assistance from Mr. Huber.
2. SUMMER YOUTH SPORTS ACTIVITIES (SAN JUAN COMMUNITY TASK_
FORCE (130.30)
Mike Darnold, 26832 Ortega Highway, thanked City staff and
the Community Services Department in particular for their
support of the baseball clinic held on June 29.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30
The List of Demands dated June 27, 1991, in the total amount
of $1,462,022.76, was approved as submitted. Councilman
Hausdorfer abstained on Warrant No. 31856 due to a conflict
of interest.
Joan Scarantino, 27441 Ortega Highway, suggested that more
detailed information regarding the type of services rendered
should be provided on the list of warrants.
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CITY TREASURER'S REPORT OF CASH BALANCES BY FUND (330.50)
The City Treasurer's Report of Cash Fund Balances for the
month of May 1991 was approved as submitted.
Joan Scarantino, 27441 Ortega Highway, was advised that David
Bentz, City Treasurer, handles the City's investment funds.
REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated July 2, 1991, from the Senior Management
Assistant, regarding actions taken at the Special Meeting of
June 4, 1991, was ordered received and filed.
4. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated July 2, 1991, from the Acting Director of
Planning, regarding actions taken at the meeting of June 19,
1991, was ordered received and filed.
REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS
(930.40)
The Report dated July 2, 1991, from the Director of Community
Services, regarding actions taken at the meeting of June 10,
1991, was ordered received and filed.
6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated July 2, 1991, from the Director of Community
Services, regarding actions taken at the meeting of June 17,
1991, was ordered received and filed.
7. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated July 2, 1991, from the Acting Director of
Planning, regarding actions taken at the meeting of June 25,
1991, was ordered received and filed.
RESOLUTION NOTICE OF COMPLETION. AND RELEASE OF SURETY FOR
TRACTS 12735 12825 12826 12828 12830, AND 12831 - AREAS
E AND F MESA VISTA (GLENFED DEVELOPMENT CORPORATION)
(600.30)
As set forth in the Report dated July 2, 1991, from the
Director of Engineering and Building, the following Resolu-
tion was adopted declaring the improvements for private and
public streets, sewer, and storm drains to be complete:
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RESOLUTION NO. 91-7-2-1. COMPLETION OF PUBLIC AND
PRIVATE IMPROVEMENTS TRACTS 12735 12825 12826
12828 AND 12831 (AREAS E AND F MESA VISTA -
GLENFED DEVELOPMENT) - 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 STREETS, SEWER, AND STORM DRAINS AND PRIVATE
STREETS - TRACTS 12735, 12825, 12826, 12828, AND
12831 (GLENFED DEVELOPMENT)
The Resolution accepted the work as complete and directed the
City Clerk to forward a Notice of Completion to the County
Recorder. Staff was authorized to release the bonds for
Labor and Material, Performance, and Monumentation thirty-
five (35) days after recording the Notice of Completion.
9. LICENSE AGREEMENT FOR CONSTRUCTION OF WALL AND LANDSCAPING
OVER CITY PARKLAND - HELICOPTER HILL PARKSITE ADJACENT TO LOT
80, TRACT 12954 (MARBELLA DEVELOPMENT/OLSEN) (600.30)
As set forth in the Report dated July 2, 1991, from the
Director of Public Lands and Facilities, the License
Agreement between the City and Kenneth K. and Susan R. Olsen,
owners of Lot 80, was approved for the construction and
maintenance of a garden/retaining wall and landscaping to
screen their view of concrete drainage structures at the
Helicopter Hill Park Site. The Mayor and the City Clerk were
authorized to execute the Agreement on behalf of the City,
and the City Clerk was directed to forward the Agreement to
the County Recorder for recordation.
10. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR FEES - CAPISTRANO
GATEWAY (460.2)
As set forth in the Report dated July 2, 1991, from the
Director of Engineering and Building, a recommendation shall
be forwarded to the Transportation Corridor Agency to have
the Capistrano Gateway (RESCO) project given a credit against
their Corridor fees for right-of-way dedication solely to
accommodate the San Joaquin Hills Transportation Corridor
confluence and in excess of the City's normal dedication
requirements. The credit shall be equal to the value of the
right-of-way, as determined by mutual agreement of the
Corridor Agency and the developer.
11. ATTORNEY-CLIENT FEE CONTRACT - CORAL PROPERTIES V. CITY OF
SAN JUAN CAPISTRANO_(CHAPMAN. FULLER & BOLLARD) (600.30)_
As set forth in the Report dated July 2, 1991, from the
Assistant City Manager, the Attorney -Client Fee Contract was
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approved retaining legal assistance from the firm of Chapman,
Fuller & Bollard to represent the City in the litigation of
Coral Properties v City of San Juan Capistrano, et al. The
Mayor and the City Clerk were authorized to execute the
contract on behalf of the City.
PUBLIC HEARINGS
1. ADDING CHAPTER 9 ENTITLED "TRANSPORTATION DEMAND MANAGEMENT"
TO TITLE 9 "LAND USE" OF THE MUNICIPAL CODE (420.30)
Proposal:
Consideration of a Transportation Demand Management (TDM)
Ordinance to increase the efficiency of the City's existing
road network and reduce the demand for new transportation
services. The Ordinance was prepared pursuant to guidelines
established through the County -wide Congestion Management
Plan process, Measure "M" guidelines, and the Air Quality
Management Plan.
Written Communication:
Report dated July 2, 1991, from the Acting Director of
Planning, forwarding the proposed Ordinance. The report
addressed the issues of consistency with the City's General
Plan, the Congestion Management Plan Guidelines and the
Measure M requirements. The report further reviewed the
impacts of the regulations on residential development, the
business community and the City's resources.
Bill Ramsey, Senior Planner, reviewed the Ordinance and
requested that staff be allowed to further study imposing
the requirements on existing businesses.
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, was advised how
the proposed Ordinance would affect businesses and the
public.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Council Discussion:
Councilman Hausdorfer clarified that State law granted broad
discretion to local jurisdictions and that local
jurisdictions were not mandated to require the improvements.
He stated he did not support a mandatory requirement that
existing businesses be brought into compliance and cited the
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need to be sensitive to new establishments in making these
kinds of suggestions. There was a consensus that the
regulations should not be mandatory or imposed on existing
businesses.
Introduction of Transportation Demand Management Regulations:
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 Buchheim, that the
following Ordinance be introduced:
AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE
REGARDING TRANSPORTATION DEMAND MANAGEMENT (TDM)
REGULATIONS) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING CHAPTER 9-9 TO THE
MUNICIPAL CODE ESTABLISHING TRANSPORTATION DEMAND
MANAGEMENT (TDM) REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
2. REVISION TO TITLE 9 CHAPTER 3 SECTION 9-3.603 OF THE
MUNICIPAL CODE ENTITLED "SIGNS" (410.40)
Proposal•
Consideration of an amendment to the Municipal Code revising
current sign regulations.
Written Communications:
(1) Report dated July 2, 1991, from the Director of
Planning, summarizing the proposed changes pursuant to
recommendations made by the Sign Committee, Design
Review Commission, and the Planning Commission.
(2) Letter dated July 1, 1991, from Gary Wiles of Carl's Jr.
in opposition to the abatement of existing non -conform-
ing signs.
Mr. Tomlinson made an oral presentation and discussed the
following significant differences between the existing and
proposed sign regulations: (1) material; (2) color; (3)
lighting; (4) lettering style; (5) major tenant signs: (6)
window signs; (7) special event banners; (8) administrative
procedures; (9) abatement process; (10) political signs
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regulations not included in proposed ordinance. The City
Manager advised the City Attorney would be submitting
political sign regulations prior to the next election.
There was a concurrence with Mayor Friess' recommendation
that the abatement portion of the proposed regulations not
be adopted at this time; the abatement issue would be dealt
with through additional study to obtain an equitable program.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons
responded:
(1) Bob Dolley, 1442 Irvine Blvd., Tustin, spoke in opposi-
tion to the abatement of existing non -conforming signs,
noting that the tenants in his new center would be
required to replace their recently approved signs, which
would cause much financial hardship to the smaller
tenants.
(2) Nancy James of James Chiropractic, located in the new
Dolley center, spoke in opposition to the abatement of
non -conforming, recently -approved signs.
(3) Mark Clancey, 31982 Via de Linda, expressed appreciation
to the Sign Committee, the City Council, and Planning
staff for their efforts in drawing up the new regula-
tions.
(4) Dick Hein, 31882 Del Obispo Street (tenant in the
Marshall's/Wherehouse center), spoke in opposition to
the abatement of non -conforming signs, recently -approved
signs.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Council Discussion:
Councilman Hausdorfer stated it was never the intent to
require abatement of recently approved signs in newly
constructed centers. He stated that there was a certain
charm in the variety of different signs throughout the City,
and that there needed to be concern about the success of
businesses in San Juan Capistrano. He further stated the
City must be sensitive to how these uses are abated and he
could find no compelling reason to adopt the abatement
program relative to these existing signs. Councilman Vasquez
concurred that businesses which had complied with the
previously approved sign regulations should not be required
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to change their signs in order to comply with the proposed
regulations.
Mr. Tomlinson explained the City's previous abatement
procedures.
Councilman Jones explained the Sign Committee addressed the
upgrade certain existing signs, pylon signs, the ability to
provide an avenue for sign replacement with tax advantages
and due to concerns expressed by the business community to
address the proliferation of signs in the community. He noted
that inclusion of the Marshall's and Payless centers and
recently -approved signs had not been intended.
Certification of Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the findings of the
Environmental Review Board be confirmed and the issuance of
a Negative Declaration certified.
Introduction of Ordinance Amendina Existina Sian Reaulations:
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 introduced as amended to exclude the portion
regarding the abatement of existing non -conforming signs:
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
REVISED SIGN REGULATIONS - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRAN0, CALIFORNIA, REVISING
SECTION 9-3.603 ENTITLED "SIGNS"
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Staff was directed to further study and provide a report
addressing the abatement of existing non -conforming signs as
follows: 1) projects that were constructed within the last
five to ten years; 2) specific signs which should be
addressed; and 3) kinds of signs which were dealt with under
the previous abatement program. He noted that the primary
thrust of the proposed regulations was to deal with sign
issues relative to future new projects and nuisance signs.
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3. ADOPTION OF FISCAL BUDGET FOR THE FIVE YEARS BEGINNING
JULY 1 1991 AND ENDING JUNE 30 1996 (CONTINUED FROM
JUNE 25 1991) (330.20)
Proposal:
Joint public hearing with the Community Redevelopment Agency
to consider the proposed City and Community Redevelopment
Agency Operating Budgets.
Written Communication:
Report dated July 2, 1991, from the Assistant City Manager,
forwarding the proposed budget for consideration. The report
noted that $50,700 had been set aside for allocation to
community organizations.
Mr. Julian made an oral presentation, noting that the budget
addressed priorities set by Council. Mr. Julian recommended
that the budget be adopted as proposed, including the funds
set aside for community organizations, but that specific
allocations to community organizations be withheld for 15 to
30 days to allow staff time to determine whether additional
revenue sources existed.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons
responded:
(1) Joan Scarantino, 27441 Ortega Highway, received clarifi-
cation relative to the operating budget and the various
budgets of the City, and was advised that the City had
a reserve fund of approximately $1,000,000.
The following persons responded in favor of funding for the
Center for Decorative Arts:
(2) Jeff Du Charme, P.O. Box 2827, Capistrano Beach.
(3) Mary Rowe, 26301 Ganeza, Mission Viejo, tenant in the
Mercado Village.
(4) Molly Burke, Dana Point, docent for the Center.
(5) Jan Siegal, 27201 Calle Delgado, docent for the Center.
(6) Gep Durenberger, director for the Center.
(7) Tom Breen, 28041 Paseo Aldanza.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
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Council Discussion:
Councilman Hausdorfer voiced his support for funding for the
Decorative Arts Center and the San Juan Institute. He stated
that the funding need not be permanent but should be included
in the proposed budget and suggested that the organizations
work with City staff toward their independence.
Councilman Hausdorfer left the meeting at 9:07 p.m. The
meeting was recessed at 9:07 p.m. and reconvened at 9:12 p.m.
Councilman Vasquez spoke in opposition of continued funding
for the Center for Decorative Arts and the San Juan
Institute, citing the amount of debt to the City these
subsidies have accumulated. He disagreed that these cultural
services should be funded regardless of other needs in the
City and desired ways to direct dollars to real needs in the
community. He recommended that staff study alternative
sources for funding so that the two groups could be
completely phased out of the City budget, acknowledging the
City's commitment to the Decorative Arts Center due to the
purchase agreement.
Councilman Vasquez also requested information regarding the
Management Incentive Performance Pay Program and funds
budgeted for that item. Mr. Julian explained that the merit
pay was based on the attainment of goals and objectives that
would be of benefit to the City. He further noted the
program was part of the negotiated agreement with the
employees. Councilman Vasquez suggested it would be worth
Council consideration whether the program can be afforded
this year, particularly the 10$ pay for Executive employees,
noting it was a significant amount of money.
Councilman Jones concurred with Councilman Vasquez' concerns
but stated that incentive programs are important. He felt
the percentages were not out of proportion and suggested that
the item could be discussed at a later date. He felt very
strongly that the Decorative Arts Center and the San Juan
Institute should meet their obligations under the agreements
made with the City.
Mayor Friess stated that it was always the intent that the
City be a beginning patron of both organizations but that
they ultimately operate independently; deciding when that
independence should be was the question. He noted that in
the case of the San Juan Institute, it would be appropriate
to not support the lease when it expires in two years time.
However, there is a purchase agreement with the Decorative
Arts Center that needs to be considered. He noted that Mr.
Durenberger had included a clause in his will returning the
Note to the City upon his death.
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Councilman Jones felt that the two organizations should be
run as a business under their agreements with the City.
Approval of City Operating Budget:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted approving a
five-year fiscal program and City operating budget, but
excluding the Capital Improvement Program at this time, with
the provision that the budget be amended as necessary in the
future:
RESOLUTION NO 91-7-2-2 ADOPTION OF FISCAL BUDGET,
1991-96 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
A FIVE-YEAR FISCAL PROGRAM AND OPERATING BUDGET AND
AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED
THERETO
Year Endinq June 30
1992
1993
1994
1995
1996
Authorized Expenditures
$15,030,262
$15,950,819
$16,763,246
$17,586,237
$18,558,237
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim, Vasquez,
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
Allocation of funds for community organizations and the
Capital Improvement Program will be scheduled for considera-
tion at the meeting of July 16, 1991.
It was moved by Councilman Vasquez that staff be directed to
prepare a list of alternative ways to reduce the long-term
expenses with regard to the Center for Decorative Arts and
the San Juan Institute. Discussion ensued with Councilman
Vasquez stating his preference that the Center purchase its
building and facilities and the San Juan Institute pay its
own way. Mayor Friess noted that the San Juan Institute had
agreed to pay $1,000 per month rent beginning this fiscal
year and Mr. Durenberger had requested a meeting.
Councilman Jones concurred but felt it was unrealistic to
demand funds at this time from these organizations. He
suggested that ways to generate revenue from the two
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265
organizations could be reviewed. Mayor Friess felt that the
City should not back out of its agreements because of the
administrative decisions made by the City Manager to waive
and defer the Center's rent to the City. The motion was
amended to require the Decorative Arts Center to live up to
the terms of their agreement and pay past due rents of
$88,833. The motion died for lack of a second.
It was a consensus of the Council that staff be directed to
meet with the Board of Directors of the Center for Decorative
Arts to resolve the City's concerns and to provide a written
report clarifying the administrative decisions made regarding
the waiver and deferral of rent for the Center.
RECESS AND RECONVENE
Council recessed at 9:45 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:47 p.m.
CITY MANAGER
1. SUBMISSION OF SOURCE REDUCTION AND RECYCLING AND HOUSEHOLD
HAZARDOUS WASTE ELEMENTS OF THE GENERAL PLAN (440.25)
Written Communication:
Report dated July 2, 1991, from the Assistant City Manager,
requesting permission to begin circulation of the preliminary
drafts of the Source Reduction and Recycling Element (SRRE)
and the Household Hazardous Waste Element (HHWE), in compli-
ance with the requirements of the California Integrated Waste
Management Act of 1989. The proposed Elements are a combined
effort of the Cities of San Juan Capistrano, Dana Point, and
San Clemente, which plan to hold simultaneous public hearings
on August 6, 1991.
Douglas Dumhart, Management Assistant I, made an oral
presentation and modified the staff report, indicating that
the elements need not be amended into the General Plan.
Authorization for Advertisements and Notifications of Public
Hearing:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that the Preliminary Elements
be received. The City Clerk was authorized to place the
necessary advertisements and notifications for public hearing
scheduled for August 6, 1991.
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DIRECTOR OF ADMINISTRATIVE SERVICES
RESOLUTION CONFIRMING 1991-92 ASSESSMENT CHARGES - ASSESSMENT
DISTRICT 78-3 (ORTEGA PROPERTIES) (345.80)
Written Communication:
Report dated July 2, 1991, from the Director of Administra-
tive Services, forwarding the list of assessments to be
charged in Assessment District 78-3.
Confirmation of 1991-92 Assessment Charges:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted confirming
the 1991-92 assessment charges in the amount of $434,520.50
for Assessment District 78-3 (Ortega Properties) for forward-
ing to the Tax Assessor:
RESOLUTION NO 91-7-3-3 CONFIRMING 1991-92
ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3.
ORTEGA PROPERTIES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING 1991-92 ASSESSMENT
CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA
PROPERTIES
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. APPROVAL OF SEWER SERVICE OUTSIDE THE CITY LIMITS AT 31645
PEPPERTREE BEND (600.50)
Written Communication:
Report dated July 2, 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.
This item was continued from the June 18, 1991, meeting, to
allow staff to meet with the applicant to work out an
acceptable fee for sewer connection, delinquent monthly
service charges, plumbing permit and inspection fees, and
legal and staff costs.
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Dave Lipsett, 27111 Camino de Estrella, Capistrano Beach,
representing Security Pacific National Bank, expressed
appreciation for the City's cooperation and concurrence with
the staff recommendation.
Amendment of Settlement Agreement and Approval of Service
Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that:
(1) sewer service be provided to the property located at
31645 Peppertree Bend at a total cost of $12,626.13 to
Security Pacific National Bank:
(2) staff be directed to proceed with amending the Settle-
ment Agreement; and
(3) staff be directed to prepare a Service Agreement between
the City and the Moulton Niguel Water District.
DIRECTOR OF COMMUNITY SERVICES
1. AWARD OF CONTRACT FOR DIAL -A -VAN SERVICES (ORANGE COUNTY
CONSOLIDATED TRANSPORTATION SERVICE AGENCY) (600.30)
Written Communication:
Report dated July 2, 1991, from the Director of Community
Services, recommending approval of the contract with the
County Consolidated Transportation Agency to provide free
transportation for senior citizens and the disabled of San
Juan Capistrano to attend the Nutrition Program at the Old
Fire Station Recreation Complex.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that the Agreement with the
Orange County Consolidated Transportation Service Agency be
approved in the amount of $5,679 for Dial -A -Van transporta-
tion services for the City's senior citizen and handicapped
population, for the period ending June 30, 1992.
DIRECTOR OF PLANNING
1. RECONSIDERATION OF TREE REMOVAL PERMIT FEE (410.901
written Communication:
Report dated July 2, 1991, from the Acting Director of
Planning, recommending that the current $50 Tree Removal
Permit fee be rescinded.
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Mayor Friess noted maintenance problems with trees that have
become overgrown and/or are inappropriate for their location.
In addition, state legislators are considering requiring that
tree preservation ordinances be adopted in all municipalities
to help increase air quality. It was a consensus of the
Council that staff be directed to review tree removal issues.
Deletion of Tree Removal Permit Fee:
It was moved by Councilman Buchheim, seconded by Councilman
Vasquez, that the following Resolution be adopted:
RESOLUTION NO 91-7-2-4 DELETING FEE SCHEDULE FOR
TREE REMOVAL PERMIT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 90-11-6-1 TO
DELETE THE FEE SCHEDULE FOR TREE REMOVAL PERMITS
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
ORDINANCE ADDING SECTION 9-3.629 TO TITLE 9 OF THE MUNICIPAL
CODE ESTABLISHING PROCEDURES FOR THE SITING AND PERMITTING
OF RECYCLING FACILITIES (ADOPTION) (810.60)
written Communication:
Report dated July 2, 1991, from the City Clerk, advising that
the Ordinance was introduced at the meeting of June 18, 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 Buchheim,
seconded by Councilman Vasquez, that the following Ordinance
be adopted:
ORDINANCE NO 689 AMENDING TITLE 9 OF THE
MUNICIPAL CODE TO ADD PROVISIONS FOR RECYCLING
FACILITIES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 OF THE
MUNICIPAL CODE BY ADDING SECTION 9-3.629 ENTITLED
"RECYCLING FACILITIES"
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The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
2. ORDINANCE APPROVING ADOPTION OF THE 1988 UNIFORM CODE WITH
AMENDMENTS (ADOPTION) (540.30)
Written Communication:
Report dated July 2, 1991, from the City Clerk, advising that
the Ordinance was introduced at the meeting of June 18, 1991,
with an amendment to delete the requirement for sprinklers
on new residential construction, 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 Buchheim,
seconded by Councilman Vasquez, that the following Ordinance
be adopted:
1'3V 1111.1 reit LVUG — NWt'1'11Y 1a U1Y 1t'V2C1R llxn: I:V Ula. 1713 if
EDITION - 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
The motion carried by the following vote:
AYES: Councilmen Buchheim, Vasquez, and Mayor Friess
NOES: Councilman Jones
ABSENT: Councilman Hausdorfer
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES - None
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COUNCIL COMMENTS
1. TRANSPORTATION CORRIDORS (800.50)
In response to Councilman Vasquez, Mayor Friess advised that
the lawsuit pending on the EIR would be heard at the end of
July, and that the EIS is progressing at the federal level
for the San Joaquin Hills Transportation Corridor, with
approval expected in the fall. Construction of the corridor
was expected to begin early in 1992. The Foothill/ Eastern
Transportation Corridor is in the environmental processing
stage, with public hearings to begin this summer. Councilman
Vasquez suggested that the City hold its own public hearing
on the Foothill/Eastern Corridor as soon as the official
documents have been received by the City.
CENTER FOR DECORATIVE ARTS/SAN JUAN INSTITUTE (330.20)
Mayor Friess noted the meeting to be held with the Board of
Directors of the Center, and that the Institute will begin
paying $1,000 per month at the beginning of the fiscal year.
Staff was directed to provide additional information regard-
ing the Center's agreement options and the rent payments to
the City prior to Council consideration of funding for the
two groups.
Mayor Friess suggested that Councilman Vasquez meet with the
City Manager regarding his request for alternatives to the
agreements with the Decorative Arts Center and written
information regarding Mr. Durenberger's bequest and its legal
enforcement. Councilman Jones requested background
information and financial projections. Mayor Friess
suggested that the issue may need to be placed on an agenda
for a final decision.
CLOSED SESSION
Council recessed to a Closed Session at 10:15 p.m. for discussion
of legal matters per Government Code Section 54956.9(a) (Romer v.
Citv, Coral Properties v. City, and Concorde v. City) and person-
nel/meet-and-confer matters per Government Code Section 54947.6,
the City Clerk being excused therefrom, and reconvened at 11:45
p.m.
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There being no further business before the Council, the meeting
was adjourned at 11:45 P.M. to the next regular meeting date of
Tuesday, July 16, 1991, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
ATTEST:
KENNETH E. FR ESS, MAYOR
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