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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: -1- 7/2/91 f) 54'4 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. -2- 7/2/91 255-".1 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. -3- 7/2/91 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: -4- 7/2/91 }257 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 -5- 7/2/91 2581 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 -6- 7/2/91 259 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 -7- 7/2/91 2 60"1 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 -8- 7/2/91 2 61....,x- 0 ,,y 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. -9- 7/2/91 rolz-4 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. -10- 7/2/91 263 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. -11- 7/2/91 2641 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 -12- 7/2/91 265 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. -13- 7/2/91 2,661 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. -14- 7/2/91 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. -15- 7/2/91 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" nt-c 7/2/91 269 } 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 -17- 7/2/91 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. -18- 7/2/91 271 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 -19- 7/2/91 I