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.
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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. 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:
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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
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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
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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.
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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:
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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
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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.
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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
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