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91-0716_CC_Minutes_Regular Meeting273 JULY 16, 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 7:02 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 Gil Jones, Councilman Jeff Vasquez, Councilman ABSENT: Gary L. Hausdorfer, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; Thomas P. Clark, Jr., City Attorney; George Scarborough, Assistant City Manager; Cheryl Johnson, City Clerk, David Bentz, Director of Administrative Services; William M. Huber, Director of Engineering and Building; Thomas Tomlinson, Director of Planning; Al King, Jr., Director of Community Services; Ronald C. Sievers, Director of Public Lands and Facilities; Nancy Bernardi, Recording Secretary. MINUTES - None MOTION TO READ BY TITLE ONLY It was moved by Councilman Jones, seconded by Councilman Buchheim, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION - ORANGE COUNTY SHERIFF'S DEPARTMENT DEPUTY OF THE YEAR, DANIEL DWYER (610.40) Written Communications: Report dated July 16, 1991, from the Council Services Manager. Acceptance of Presentation: Mayor Friess presented Deputy Dwyer with a plaque honoring him as the City's 1991 Deputy of the Year and introduced Deputy Dwyer's family. -1- 7/16/91 2'74 1 2. PRESENTATION - WILLIAM FORTMUELLER, MEMBER OF THE DESIGN REVIEW COMMISSION (110.30) Mayor Friess presented William Fortmueller with a plaque in recognition of his service as a member of the Design Review Commission. Mr. Fortmueller recently resigned his position on the Commission to accept a position as Director of Recreation for the City of Vista. 3. PROCLAMATION DESIGNATING AUGUST 18-25, 1991, AS "RANCHO DAYS" (610.40) Written Communication: Report dated July 16, 1991, from the City Clerk, forwarding the Proclamation. Mayor Friess noted that Ortega Highway in front of the Mission would be closed during the celebration, which would give the public a chance to view the "Mission forecourt" concept if Ortega Highway was to be realigned. Presentation of Proclamation: Mayor Friess read the Proclamation in full. Gaynel Wald of the Mission Visitors Center and David Swerdlin of the Downtown Merchants Association were present to accept the Proclamation. ORAL COMMUNICATIONS 1. SOVEREIGNTY ADVISORY PETITION (390.70) Alan Herridge, 5369 Balboa Avenue, San Diego, submitted a Sovereignty Advisory Petition to be forwarded to the U.S. Congress in favor of interest-free loans to tax -supported bodies for voter -approved capital projects. 2. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR LAWSUIT (800.50) Robert King, 29422 Spotted Bull Way, president of Save Our San Juan, Inc. (SOS), noted the recent ruling by Judge Gray which permitted the Coalition of Business Concerns (CBC) to enter the lawsuit in support of the San Joaquin Hills Transportation Corridor. Mr. King requested that the City join with SOS to oppose the Corridor and meet with the Board of Directors of SOS to discuss the issue. Councilman Vasquez requested that the matter be discussed at this meeting, particularly since private entities have become involved. It was a consensus that Council Members would meet with the Board of Directors of SOS regarding the issue. -2- 7/16/91 275 3. PAISLEY PENGUIN (450.70) Mary McCulloch inquired about the progress being made to investigate the availability of drugs at the Paisley Penguin. Jeffrey Parker, Assistant to the City Manager, stated that the property owner had been notified regarding violations and that the City was in the process of enforcement. CONSENT CALENDAR It was moved by Councilman Buchheim, seconded by Councilman Jones, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer 1. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of June 30, 1991, in the total amount of $15,000,000, was approved as submitted. 2. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60) The Report dated July 16, 1991, from the Senior Management Assistant, regarding actions taken at the meeting of June 25, 1991, was ordered received and filed. 3. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated July 16, 1991, from the Director of Plan- ning, regarding actions taken at the meeting of July 3, 1991, was ordered received and filed. 4. REPORT OF PLANNING COMMISSION ACTIONS (440.401 The Report dated July 16, 1991, from the Director of Plan- ning, regarding actions taken at the meeting of July 9, 1991, was ordered received and filed. 5. DENIAL OF CLAIM - PROPERTY DAMAGE (GEOFFREY AND SUSAN MORGAN) (170.10) The claim received by the City on July 1, 1991, from Kurt B. Huebner, attorney on behalf of Geoffrey and Susan Morgan, for -3- 7/16/91 276 1 property damage which resulted from the Dana Mesa slide in March 1991, was denied, as set forth in the report dated July 16, 1991, from the Assistant City Manager. 6. DENIAL OF CLAIM - PROPERTY DAMAGE (SUSAN E. WALSH) (170.10) The claim received by the City on July 1, 1991, from Kurt B. Huebner, attorney on behalf of Susan E. Walsh, for property damage which resulted from the Dana Mesa slide in March 1991, was denied, as set forth in the report dated July 16, 1991, from the Assistant City Manager. 7. DENIAL OF CLAIM - PROPERTY DAMAGE (GLADYS E. LEIGH) (170.10) The claim received by the City on July 1, 1991, from Kurt B. Huebner, attorney on behalf of Gladys E. Leigh, for property damage which resulted from the Dana Mesa slide in March 1991, was denied, as set forth in the report dated July 16, 1991, from the Assistant City Manager. 8. RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT - CAMINO CAPISTRANO WIDENING SOUTH OF AVENIDA AEROPUERTO (CHRYSLER REALTY CORPORATION/WHITING-TURNER CONTRACTING) (600.60/600.30) As set forth in the Report dated July 16, 1991, from the Director of Engineering and Building, the following Resolu- tion was adopted declaring the street improvements for the widening of Camino Capistrano south of Avenida Aeropuerto to be complete and all issues resolved to the satisfaction of the City Engineer: RESOLUTION NO. 91-7-16-1. COMPLETION OF STREET IMPROVEMENTS - CAMINO CAPISTRANO FROM AVENIDA AEROPUERTO TO 460 FEET SOUTH (CHRYSLER REALTY CORPORATION) - 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 STREET IMPROVEMENTS - CAMINO CAPISTRANO FROM AVENIDA AEROPUERTO TO 460 FEET SOUTH The Resolution accepted the work as complete in the amount of $343,521.83 and exonerated the Faithful Performance Bond and the Labor and Materials Bond. The City Clerk was directed to forward a Notice of Completion to the County Recorder, and staff was authorized to release the 10% retention in the amount of $34,352 and surety thirty-five (35) days after recording the Notice of Completion. The work was required by a Reimbursement Agreement between the City -4- 7/16/91 2'7'7 and Chrysler Realty Corporation and was performed by Whiting - Turner Contracting. 9. RESOLUTION REDUCTION OF SURETIES FOR TRACTS 12262 AND 12423 (GLENFED, AREAS E AND F, MESA VISTA) (600.301 As set forth in the Report dated July 16, 1991, from the Director of Engineering and Building, the following bond amounts for Tracts 12262 and 12423 for 75% completion of private street improvements were reduced as follows: Tract Existing Amount Reduced Amount 12262 12423 TOTALS: PUBLIC HEARINGS $102,270 81,547 $183,754 $34,030 27,150 $61,180 1. CONSIDERATION OF GENERAL PLAN AMENDMENT 90-07 - AIR QUALITY ELEMENT (CONTINUED FROM JUNE 18, 1991) (440.25) Proposal: Consideration of the proposed Written Communication: Report dated July 16, 1991, requesting that the hearing b to continue to study options Management Plan policies and Air Quality Element. from the Director of Planning, e continued in order for staff for complying with Air Quality regulatory guidelines. Continuation of Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and there was no response, it was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that the hearing be continued to the regular meeting of August 20, 1991. AUTHORIZATION TO ASSESS CHARGES, CITY LANDSCAPE MAINTENANCE DISTRICTS - LANDSCAPE MAINTENANCE DISTRICT NO. 1 (CAPISTRANO ROYALE); TRACTS 9284 (SEA VIEW). 9382 (BELFORD TERRACE), 9373/7654 (LOS CORRALES), 7673 (MISSION WOODS), AND 8485 (MISSION SPRINGS) (345.20) Proposal: Consideration of proposed annual assessments for the City's landscape maintenance districts. Written Communication: Report dated July 16, 1991, from and Facilities, noting that the district was reduced by 14% fro mthe Director of Public Lands average assessment for each the 1990-91 assessment. -5- 7/16/91 2'78 Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following person respon- ded: (1) John Gourlay, 28101 Camino La Ronda, inquired whether the Los Corrales residents would continue to be assessed for the land owned by Glenfed. Mr. Sievers indicated that Glenfed was willing to deed the property to Los Corrales if there were a legal homeowners association. There being no further input, the hearing was declared closed with the right to reopen at any time. Approval of Landscape Maintenance Districts Assessments: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that the following proposed budgets be approved for six landscape maintenance districts: $ 650 per home Tract 9284 (Seaview) $ 360 per home Tract 9382 (Belford Terrace) $ 179 per home Tract 8485 (Mission Springs) $ 170 per home Tract 7673 (Mission Woods) $ 76 per home Tract 9373/7654 (Los Corrales) $1,095 per home Capistrano Royale Confirmation of Costs: It was moved by Councilman Buchheim, seconded by Councilman Jones, that the following Resolution be adopted: RESOLUTION NO. 91-7-16-2, CONFIRMING COST REPORT 1991 LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284 9382, 8485, 7673, 9373/7654, AND CAPISTRANO ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRM- ING THE COST REPORT FOR 1991 LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY OF SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673, 9373/ 7654, AND CAPISTRANO ROYALE) The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer Q:fl 7/16/91 2'79 The City Clerk was directed to forward the Cost Report to the Orange County Auditor -Controller for inclusion on the tax rolls. RECESS AND RECONVENE Council recessed at 7:48 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:53 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. ADOPTION OF 1991-1998 CAPITAL IMPROVEMENT PROGRAM BUDGET (330.401 Written Communication: Report dated July 16, 1991, from the Director of Engineering and Building, forwarding the seven-year Capital Improvement Program for approval. (1) Joan Scarantino, 27441 Ortega Highway, received information relative to the following Capital Improvement Projects: the realignment of the railroad tracks along Camino Capistrano, the bridge widening over Trabuco Creek, the Ortega Highway realignment, and the widening of the La Novia bridge. Adoption of 1991-1998 Capital Improvement Program: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that the proposed City Capital Improvement Program for 1991-1998 be adopted. 2. REQUEST FOR AUTHORIZATION TO RECRUIT CITY ATTORNEY (740.40) written Communication: Report dated July 16, 1991, from the Assistant to the City Manager, recommending that the City proceed with the recruit- ment of an in-house City Attorney to fill the vacancy created by the resignation of former City Attorney John Shaw. Jeffrey Parker, Assistant to the City Manager, made an oral presentation. Mr. Julian stated that the most qualified candidates would be interviewed by the City Council. Retention of In -House City Attorney: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that the option of retaining -7- 7/16/91 2804 the services of an in-house City Attorney be selected. Staff was directed to proceed with the recruitment and selection process. 3. REQUEST FOR CITY PARTICIPATION IN RANCHO DAYS - AUGUST 24 AND 25, 1991 (150.60) Written Communication: Report dated July 16, 1991, from the Assistant City Manager, recommending that the Council authorize the closure of Ortega Highway in front of the Mission, traffic engineering aid and support, banners across City streets, and underwriting the cost of liability insurance for the City's celebration of Rancho Days. Councilman Jones requested that staff ensure that street detour signs are clearly marked. Approval of City Participation in Rancho Days: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried to: (1) Concur with the closure of Ortega Highway between E1 Camino Real and Camino Capistrano on August 24, 1991. Westbound traffic on Ortega will be diverted north on E1 Camino Real to Acjachema Street and west on Acjachema Street to Camino Capistrano; Forster Street, Yorba Street, and E1 Camino Real south of Ortega Highway will be restricted to access for parking only, no through traffic. (2) Authorize overtime expenditures associated with traffic control design, street closures, and general event cleanup. (3) Authorize the placement of banners on Del Obispo Street at Ortega Highway, Del Obispo Street at Camino Capistrano, and Ortega Highway at Camino Capistrano, subject to City staff approval of the design and specifications of the banners. (4) Approve the City's underwriting the cost of obtaining special event liability insurance for the August 24 ^` portion of Rancho Days. (5) Appropriate $2,183 to cover the City's cost associated with providing assistance with the event. -8- 7/16/91 M1 DIRECTOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated July 16, 1991, from the Director of Planning, advising that seven new development applications were received by the City since the last report of June 18, 1991. The Report was received and filed. 2. APPROVAL OF AGREEMENT FOR HOUSING OPPORTUNITIES PROGRAM - LOMAS SAN JUAN, SECTIONS C AND D (LUSK COMPANY) (600.301 Written Communication: Report dated July 16, 1991, from the Director of Planning, forwarding a request by the Lusk Company to approve an agreement which would provide "housing trust fund" contribu- tions to the City in order to comply with the requirements for affordable housing set forth in Article 2-9, Housing Opportunities Program, of the Comprehensive Development Plan 8-2, Glendale Federal Planned Community. Mr. Tomlinson made an oral presentation. Joan Scarantino, 27441 Ortega Highway, was informed that the Lusk Company was obligated to make provision for 54 affordable dwelling units. Approval of Housing Trust Fund Agreement: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that the City Manager be authorized to execute the "Housing Trust Fund" Agreement with the Lusk Company pursuant to CDP 81-2, Glendale Federal Planned Community, Article 2-9, Housing Opportunities Program. 2. REQUEST FOR APPROVAL OF THE FINAL WORKING DRAWINGS FOR THE HISTORIC DEPICTION PROGRAM FOR MARBELLA PLAZA - ARCHITECTURAL CONTROL 89-8 (HOURIAN/CONNER) (610.30) Written Communication: Report dated July 16, 1991, from the Director of Planning, recommending that the Historic Depiction Program for the Marbella Plaza commercial project, located on the southwest corner of Rancho Viejo Road and Golf Club Drive, be approved. The program consists of the construction of replica elements of the Mission aqueduct system, a painted tile mural and two descriptive plaques. -9- 7/16/91 0,824 An illustration of the proposed Historic Depiction Program was on display, and Mr. Tomlinson made an oral presentation. Approval of Historic Depiction Program: It was moved by Councilman Buchheim, seconded by Councilman Jones, that the following Resolution be adopted: RESOLUTION NO. 91-7-16-3. APPROVAL OF FINAL WORKING DRAWINGS FOR HISTORIC DEPICTION PROGRAM, ARCHITECTURAL CONTROL 89-8 (MARBELLA PLAZA/HOURIAN) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING THE FINAL WORKING DRAWINGS FOR THE HISTORIC DEPICTION PROGRAM FOR ARCHITECTURAL CONTROL 89-8 (MARBELLA PLAZA/HOURIAN) 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. ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM REQUALIFICATION (CONFORMANCE TO ORANGE COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS) (820.25) Written Communication: Report dated July 16, 1991, from the Director of Engineering and Building, forwarding the resolution for annual requalifi- cation in the Orange County Arterial Highway Financing Program (AHFP). Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Jones, that the following Resolution be adopted: RESOLUTION NO. 91-7-16-4, REQUESTING ANNUAL REOUALIFICATION - ARTERIAL HIGHWAY FINANCING PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUEST- ING ANNUAL REQUALIFICATION FOR PARTICIPATION IN THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM -10- 7/16/91 283 The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer 2. APPROVAL OF COUNCIL POLICY ON FAIR SHARE COSTS AND DEVELOPER REIMBURSEMENTS (610.30) written Communication: Report dated July 16, 1991, from the Director of Engineering and Building, recommending that a Council Policy be adopted regarding "fair share" costs to developers for off-site improvements and Reimbursement Agreements which would allow a developer to be reimbursed for improvements that would be shared by future developments. Mr. Huber made an oral presentation, noting that the policy would only apply to new developments, not those which have already received entitlements. Approval of Council Policy: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that the Council Policy on "Fair Share" costs and developer reimbursements be approved. 3. RESOLUTION ACCEPTING ROADWAY EASEMENTS - SAN JUAN CREEK ROAD, TRACTS 13436, 13437, 13865, AND 13866 (GLENFED/LUSK COMPANY/ TORSON PACIFIC) (670.50) Written Communication: Report dated July 16, 1991, from the Director of Engineering and Building, recommending that the ultimate right-of-way for San Juan Creek Road and La Novia Avenue be accepted from Glendale Federal, as required by Resolutions Nos. 89-6-6-6 and 89-6-6-7. The report noted that the areas affected by the right-of-way requirement had been sold. The new owners of the golf course had agreed to release the right-of-way. The new owner of the section east of La Novia had not agreed to release the right-of-way at this time. Acceptance of Right -of -Way: It was moved by Councilman Jones, seconded by Councilman Buchheim, that the following Resolution be adopted: -11- 7/16/91 If A RESOLUTION NO. 91-7-16-5. ACCEPTANCE OF RIGHT-OF- WAY DEDICATION. SAN JUAN CREEK ROAD BETWEEN FORSTER CANYON ROAD AND LA NOVIA - TRACTS 13436, 13437, 13865 AND 13866, AREAS C AND D (GLENFED/LUSK COMPANY/TORSON PACIFIC) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ACCEPTANCE OF RIGHT-OF-WAY FOR SAN JUAN CREEK ROAD ON THE SOUTH SIDE FROM FORSTER CANYON ROAD EAST 253' AND THE NORTH SIDE ADJACENT TO THE SAN JUAN HILLS GOLF COURSE (GLENFED/LUSK/TORSON PACIFIC) The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer The City Clerk was directed to record the documents with the Orange County Recorder's Office. 4. APPROVAL OF SLOPE DISPLACEMENT WARRANTY PROGRAM AGREEMENT CONSTRUCTION COST APPORTIONMENT AND REIMBURSEMENT AGREEMENT, AND IMPROVEMENT AGREEMENTS AND FINAL MAPS - TRACTS 13436, 13437, 13865, AND 13866 (GLENFED AREAS C AND D) (600.30/ 600.60) Written Communication: Report dated July 16, 1991, from the Director of Engineering and Building, advising that the Final Maps were found to be in compliance with the approved Tentative Tract Maps and recommending that the Improvement Agreements and Final Maps be approved for Tracts 13436, 13437, 13865 and 13866. The report also forwarded for approval a Construction Cost Apportionment and Reimbursement Agreement to insure construction of off-site improvements and a Slope Displacement Warranty Program Agreement providing for a combined homeowner/developer surety of $946,000 for any repairs necessary due to slope displacement. Donald Steffenson, The Lusk Company, P. O. Box C-19560, Irvine, was present to answer questions and introduced Scott Kelly, project manager. The Director of Engineering and Building made an oral presentation. The City Attorney stated that since the City was unable to reach an agreement with Glenfed regarding the -12- 7/16/91 285 dedication of the river bottom property by quitclaim, Glenfed has indicated they would provide the City with a Letter of Credit in the amount of $1,636,335 by July 19, 1991, which would satisfy the parkland dedication requirement. Before October 15, 1991, the City and Glenfed would attempt to reach agreement regarding conveyance of the land. In the event an acceptable agreement was not reached, the City would draw on the Letter of Credit and the park and recreation fee obligation would be satisfied. He provided a letter and draft Letter of Credit both dated July 16, 1991, setting forth the provisions relative to the park land dedication and amended the recommendation listed in the staff report. Approval of Program. Agreements. and Final Maps: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried to approve the Slope Displacement Warranty Program, Construction Cost Apportionment and Reimbursement Agreement, the Improvement Agreements and, subject to a condition subsequent to approval and condition precedent to recordation that Glendale Federal Bank provide to the City an unconditional irrevocable letter of credit in favor of the City in the amount of $1,636,335 to secure satisfaction of the condition for park land dedication or payment of in -lieu fees as more specifically set forth in the letter dated July 16, 1991, executed by Richard R. Rebal, Executive Vice President, Glendale Federal Bank and substantially in the form of the letter of credit attached thereto, the Final Maps for Tract 13436, 13437, 13865 and 13866 (G1enFed/Lusk). The Mayor and City Clerk were authorized to execute the agreements and the City Engineer and City Clerk were authorized to execute the Final Maps subject to the conditions stated above. The City Clerk was directed to record all documents with the Orange County Recorder's Office upon satisfaction of the above -stated condition to provide the City an unconditional irrevocable letter of credit. DIRECTOR OF COMMUNITY SERVICES 1. OPEN SPACE UPDATE (530.40 Written Communication: Report dated July 16, 1991, from the Director of Community Services, providing an overview of the various activities associated with the Open Space Master Plan and Measure D. Mark Clancey, 31982 Via de Linda, representing Friends of Historic San Juan Capistrano, expressed concern that three of the four alternatives presented by the Keith French Group at the last open Space workshop proposed a City maintenance -13- 7/16/91 2 86 A yard and the relocation of the Regional Occupation Program center in a portion of the northwest open space area. He felt that these uses would be inconsistent with the Measure D provisions and would not reflect the desires of the community. Pauline Leonard, member of the Open Space Master Plan Committee, stated that in her opinion it had been a mistake to include the reference to vehicle storage; that the original thought was to provide a recreational vehicle area which would handle overflow camping from Doheny State Beach and be revenue producing. Mr. King explained that the proposal is just a preliminary concept plan at this time and that a variety of land use options are being considered for the open space area. The project consultant will be advised of any concerns that are raised concerning land use for the open space area. Mr. King noted the workshop scheduled for Wednesday, July 17, at 7:00 p.m. at the La Sala to discuss the Kinoshita property. It was anticipated that the workshop scheduled for August 21 will have all information derived from the workshops and the questionnaire compiled into a report for presentation by the consultant. Councilman Vasquez suggested that staff consider alternative methods of distributing the questionnaire, e.g. bulk mail, "piggybacking" with another source that is sent directly to households, etc., and that it be sent out as soon as pos- sible. He also suggested that incentives be given to resi- dents to respond to the questionnaire. Councilman Vasquez cited concerns relative to the proposed costs and Mr. King stated that the estimate for statistical analysis of the data was reduced to $1,000 through the use of special software equipment. Mayor Friess suggested that Councilman Vasquez work with the consultant to develop a way to encourage residents to return the questionnaire. He further requested that a draft of the questionnaire be provided at the July 17th Open Space meeting and copies provided to Council for their comments. The Report was ordered received and filed. -14- 7/16/91 1. written Communication: Report dated July 16, 1991, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 2, 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 Jones, that the following Ordinance be adopted: ORDINANCE NO, 691, 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, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer 2. ORDINANCE REVISING TITLE 9. CHAPTER 3. SECTION 9-3.603 OF THE MUNICIPAL CODE ENTITLED "SIGNS" (ADOPTION) (410.40) written Communication: Report dated July 16, 1991, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 2, 1991, with an amendment to delete abatement provisions, 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 Jones, that the following Ordinance be adopted: -15- 7/16/91 ffr•: ORDINANCE NO. 692, AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - REVISED SIGN REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING SECTION 9-3.603 OF THE MUNI- CIPAL CODE ENTITLED "SIGNS" The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer COUNCILMANIC ITEMS 1. ORDINANCE AMENDING MUNICIPAL CODE, ARTICLE 10, SECTION 2-2.1001 - DELETING ECONOMIC DEVELOPMENT COMMISSION (INTRO- DUCTION) (470.20) Written Communication: Report dated July 16, 1991, from the Council Services Manager, forwarding an Ordinance in response to the Council's June 18th decision to disband the Economic Development Commission. The City Manager read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Jones, seconded by Councilman Buchheim, that the following Ordinance be introduced: DELETING REFERENCE TO THE ECONOMIC DEVELOPMENT COMMISSION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE MUNICIPAL CODE, ARTICLE 10, SECTION 2-2.1001 DELETING REFERENCE TO THE ECONOMIC DEVELOPMENT COMMISSION The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer -16- 7/16/91 2. APPOINTMENT OF ONE MEMBER TO THE DESIGN REVIEW COMMISSION (110.20) Written Communication: Report dated July 16, 1991, from the Council Services Manager, noting that the vacancy had been advertised and that three applications were received. Readvertisement of Position: It was a consensus of the Council that the vacancy on the Design Review Commission be readvertised. Councilman Jones and Mayor Friess agreed to interview the applicants. 3. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern Transportation Corridor (800.50) Mayor Friess noted that the public hearings to take public testimony on the Foothill Transportation Corridor South were scheduled for July 17 in San Clemente and July 25 in Santa Ana. He advised that another hearing would be scheduled at Capistrano Valley High School at a date prior to the Transportation Corridor Agency's (TCA) final action on certification of the EIR scheduled for October 10, 1991. Councilman Vasquez cited his opinion that it was important that the City hold its own public hearing on the matter as soon as possible. He referred to a flyer sent by the TCA indicating that the period for receiving public comment would be from June 21 to August 5, 1991. He expressed concern that any public input received after August 5 would not be entered into the record and considered by the TCA. In response to Councilman Vasquez' concern that a legal challenge could not be brought based on a comment that was not made within the comment period, the City Attorney stated that the period for receiving public comment would continue until the day of the hearing and any comment made in the EIR or by public testimony preserved the right to bring a lawsuit on that issue. Mayor Friess stated that he would provide Council with a written opinion from Mr. Woollett, Executive Director of the TCA, stating that all public comments received any time prior to the certification of the EIR would be included in the record. -17- 7/16/91 COUNCIL COMMENTS 1. DECORATIVE ARTS CENTER (670.70) Councilman Vasquez was advised that discussion of the budget for the Decorative Arts Center was scheduled for the meeting of August 20. Mayor Friess noted the exhibit currently being shown at the Center regarding 20th century film. CLOSED SESSION Council recessed to a Closed Session at 9:38 p.m. for discussion of legal matters per Government Code Section 54956.9(a) (Concorde, Maurer/Coral Properties, Committee to Restore Integrity v. City), the City Clerk being excused therefrom, and reconvened at 10:55 p.m. There being no further business before the Council, the meeting was adjourned at 10:55 p.m. to the next regular meeting date of Tuesday, August 6, 1991, at 7:00 p.m. in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MOR Respectfully submitted, VRYL JZANAN, CITY CLERK -18- 7/16/91