91-0903_CC_Minutes_Regular Meeting331
SEPTEMBER 3, 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 7:07
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
Gary L. Hausdorfer, Councilman
Gil Jones, Councilman
Jeff Vasquez, Councilman
ABSENT: Lawrence F. Buchheim, 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 Administra-
tive Services; William M. Huber, Director of Engineering and
Building; Thomas Tomlinson, Director of Planning; Al King, Jr.,
Director of Community Services; Nancy Bernardi, Recording
Secretary.
MINUTES
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. PRESENTATION OF CERTIFICATES OF ACHIEVEMENT - SAN JUAN
CAPISTRANO LITTLE LEAGUE (610.40)
Mayor Friess presented Certificates of Achievement to members
of the San Juan Capistrano Little League All-Star Team in
recognition of their accomplishments during the 1991 season,
including their participation in the Section 5 Tournament
Championship.
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2. PROCLAMATION DESIGNATING SEPTEMBER 8-14 1991 AS "LITERACY
WEEK" (610.40)
Written Communication:
Report dated September 3, 1991, from the City Clerk, forward-
ing the Proclamation.
Approval and Presentation of Proclamation:
Mayor Friess read the Proclamation in full. Joan Scarantino,
representing the South Coast Literacy Council, was present
to accept the Proclamation.
3. MAYOR ACKNOWLEDGEMENTS (610.25)
a. Mayor Friess noted that Jeffrey Parker, Assistant to the
City Manager, will resign his position at the end of
September to accept the position of City Manager for the
City of Patterson, California.
b. Mayor Friess congratulated Capistrano Valley News
reporter Hector Castro on the birth of his daughter.
C. Mayor Friess acknowledged the success of the Rancho Days
celebration held in August and commended the efforts by
David Swerdlin, the event's volunteers, and community
organizations.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. SAN JUAN INSTITUTE 130.30)
Joan Scarantino, 27441 Ortega Highway, was advised by the
Mayor that issues regarding the San Juan Institute would be
agendized for a future meeting.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, 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, Hausdorfer,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
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1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated August 22, 1991, in the total
amount of $1,185,963.11 was received and filed.
2. RECEIVE AND FILE CASH BALANCES BY FUND FOR JULY 1991 {330 50)
The City Treasurer's Report of Cash Fund Balances for the
month of July 1991 in the total amount of -$1,368,039.09 was
received and filed.
3. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS
(930.40)
The Report dated September 3, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of August 12, 1991, was ordered received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated September 3, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of August 19, 1991, was ordered received and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated September 3, 1991, from the Director of
Planning, regarding actions taken at the meeting of
August 27, 1991, was ordered received and filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated September 3, 1991, from the Director of
Engineering and Building, regarding actions taken at the
meetings of June 12 and June 26, 1991, was ordered received
and filed.
7. DENIAL OF CLAIM - REAL PROPERTY AND INDEMNITY DAMAGE (ERNEST
AND JOAN RHODES) (170.10)
The claim received by the City on July 25, 1991, from
Michael V. Hesse, legal counsel, on behalf of Ernest and Joan
Rhodes, in the amount of $1,350,000 for indemnity in the
lawsuit of Laurel Castine Nour v. City of San Juan
Capistrano, was denied, as set forth in the report dated
September 3, 1991, from the City Attorney.
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8. RESO: 'ION NOTICE OF COMPLETION ACCEPTANCE OF IMPROVEMENTS.
RELEx" E OF BOND, AND ACCEPTANCE OF MAINTENANCE BY THE CITY
LA NOVIA AVENUE/GLENFED SLOPE MAINTENANCE (600.60)
As set forth in the Report dated September 3, 1991, from the -.
Director of Engineering and Building, the following Resolu-
tion was adopted declaring the improvements for erosion
control landscaping and irrigation installation by GlenFed
Development for the La Novia Avenue extension to be complete:
RESOLUTION NO 91-9-3-1 COMPLETION OF PUBLIC
IMPROVEMENTS - LA NOVIA AVENUE EXTENSION LANDSCAPE
DEVELOPMENT 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
PUBLIC IMPROVEMENTS - LA NOVIA AVENUE EXTENSION
LANDSCAPING, IRRIGATION, AND EROSION CONTROL
(GLENFED DEVELOPMENT CORPORATION)
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 following
sureties:
(1) Erosion control. maintenance Bond #B 1830501 - $ 20,000
(2) Hydroseeding construction Bond #B 1830502 - $140,000
(3) Landscape establishment and maintenance
Bond #B 1830503 - $100,000
RESOLUTION NOTICE OF COMPLETION ACCEPTANCE OF EQUESTRIAN
As set forth in the Report dated September 3, 1991, from the
Director of Engineering and Building, the following Resolu-
tion was adopted declaring the equestrian trails and private
street improvements to be complete:
RESOLUTION NO. 91-9-3-2 COMPLETION OF PRIVATE
TRACT 12954 (MARBELLA DEVELOPMENT COMPANY) - 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 EQUESTRIAN TRAILS AND PRIVATE
STREET IMPROVEMENTS - TRACT 12954 (MARBELLA DEVEL-
OPMENT COMPANY)
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The
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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 and reduce the
following bonds (35) days after recording the Notice of
Completion:
' Original Reduced Release
Bond No. Description Amount Amount Amount
NA 100647 Equestrian Fencing $ 95,000 $ 5,000 $ 5,000
NA 100648 Private Street 721,011 45,000 35,000
Improvement (Reduce
to a $10,000 Bond
for minor items
completed prior to
release)
NA 100652 Private Street 217,577 30,000 30,000
Improvement
NA 100656 Private Street 169,889 25,000 25,000
Improvement
NA 100659 Private Street 526,523 50,000 50,000
Improvement
10. GRANT OF EASEMENT AND LICENSE AGREEMENT TO MARBELLA GOLF AND
COUNTRY CLUB FOR ACCESS TO MAINTAIN WATER TANK LOCATED ON
HELICOPTER HILL (600.30/670.50)
As set forth in the Report dated September 3, 1991, from the
Assistant City Manager, the Grant of Easement and License
Agreement were approved for use of the existing water tank
on Helicopter Hill by Marbella Development Company and
Marbella Golf and Country Club Lot for crossing City property
to use and maintain the water tank and appurtenant water
lines. The Mayor and City Clerk were authorized to execute
the Grant and Easement and License Agreement on behalf of the
City.
PUBLIC HEARINGS
1. REQUEST TO EXTEND VESTING TENTATIVE TRACT MAP 10634 FOR ONE
YEAR AT PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CAMINO
CAPISTRANO AND JUNIPERO SERRA ROAD (PUEBLO SERRA/ENTERPRISE
CONSTRUCTION) (420.40)
Proposal:
Consideration of a request for a time extension for Vesting
Tentative Tract 10634, a six -parcel subdivision located at
the southeast corner of Camino Capistrano and Pueblo Serra.
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Applicants•
Mr. Lloyd Ross ^
Enterprise Construction
P.O. Box 17509
Irvine, CA 92713
written Communication:
Report dated September 3, 1991, from the Director of Planning
Services, recommending approval of the request.
Mr. Tomlinson made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and there being no response,
closed the hearing with the right to reopen at any time.
Councilman Vasquez stated he needed additional time to study
the project and requested that the item be continued. Mr.
Tomlinson advised that continuing the item to the meeting of
September 17 would be past the 60 -day deadline established
by the Subdivision Map Act. Councilman Vasquez advised that
he would abstain from voting.
Approval of Time Extension for Vesting Tentative Tract Map
10634:
It was moved by Councilman Jones, seconded by Councilman
Buchheim, that the following Resolution be adopted approving
a one-year time extension to September 3, 1992, for Vesting
Tentative Tract Map 10634:
RESOLUTION NO 91-9-3-3 APPROVING VESTING TENTA-
TIVE TRACT MAP 10634 (PUEBLO SERRA/ENTERPRISE
CONSTRUCTION) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE TRACT/TENTATIVE PARCEL MAP
10634 (PUEBLO SERRA/ENTERPRISE CONSTRUCTION)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, and Mayor Friess
NOES: None
ABSTAIN: Councilman Vasquez
ABSENT: Councilman Buchheim
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CLOSED SESSION
The City Council and the Agency Board of Directors convened to a
Closed Session at 7:27 p.m., for discussion of pending litigation
per Government Code Section 54956.9(a) (Committee to Restore
Integrity v City) and reconvened at 7:37 p.m.
The following agenda item was taken out of order.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. DECORATIVE ARTS STUDY CENTER (130.30)
This item was heard jointly with the Rbdevelooment Agency.
Written Communication:
Report dated September 3, 1991, from the City Manager and the
Community Redevelopment Agency Executive Director, recounting
the development of the Libros y Artes group and the
Decorative Arts Study Center and their financial relationship
with the City and the Agency. The report set forth financial
arrangements of similar institutions in the County. The
report further recommended that in order to alter the
relationship between the City/Agency and the Center to one
of support and encouragement the following course of action
be taken:
a. The Lease Agreement between the Agency and Libros Y
Artes for the Center be amended to provide for a $1.00 -
per -year lease payment;
b. A charter be created to define the relationship between
the City and the Center and to establishment the
expectations and responsibilities of the parties
involved; and
C. Capital improvements to the property be accepted in lieu
of demanding past -due rent.
Mr. Julian presented the staff report.
Public Comments:
The following persons addressed the City Council/Agency Board
of Directors:
(1) Joe Bush, 30151 Saddleridge Drive, member of the Board
of Libros Y Artes, noted the need for community support
in order to solicit recurring private and public funding
for the Center.
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(2) Jack Pike, 31587 Aguacate Road, Director of the Center,
spoke regarding the hiring of a new Director and the
Center's emphasis on education.
(3) Bob Jones, Mission Viejo, noted the story -telling
festival at the Center scheduled for October 11 and 12
and the success of a similar annual event in Jonesboro,
Tennessee.
(4) Amy Aspell, 32772 Via Malaga, arts administrator, spoke
regarding the Center's positive economic impact on the
community.
(5) Norman Nuremberg, Los Angeles, member of the Board of
Directors for the Center, noted his involvement with the
community over the last 13 years.
(6) Bill Carlson, Laguna Niguel, spoke regarding the
recognition and benefits the Center brings to the City.
(7) Ms. Dale Sercher, owner of the Plaza Arts Center, 31921
Camino Capistrano and newly elected chairperson of the
Capistrano Valley Arts Council.
(8) Joan Scarantino, 27441 Ortega Highway, felt that the
proposal to lease the property to the Center for $1 per
year was unfair to other organizations in the City that
could also benefit from such a financial arrangement.
She felt that many of the City's residents were unaware
of the Center's existence.
(9) Eve Kilgren, Seal Beach, cited support of the Center.
(10) Carlos Negrete, 27422 Calle Arroyo, stated that the
Center lost its corporate status and that may be true
of its non-profit status. He stated the lease is
improper and invalid if there is no corporate status.
He requested that Director Hausdorfer abstain due to his
prior membership on the Center's Rent Committee.
(11) Ted Stroscher, 31882 Del Obispo Street, emphasized the
benefit received by the business community due to the
Center and cited his support of the Center.
(12) Ruth Jacobson, 25602 Charro Drive, member of the Board
of Directors for the Center and Education Chairperson,
spoke regarding the educational use of the Center by
design students at Saddleback College. She also stated
that the curator for the Center, Mrs. Rickardson,
forwarded her support of staff's recommendation.
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(13) Gordon Furth, Monarch Beach, stated that the corporate
status of Libros y Artes was valid, as was the tax
exempt status.
(14) Mark Clancey, 31982 Via de Linda, representing historic
preservation in the community. He stated that the
General Plan called for the creation of a Cultural
Heritage Foundation envisioned by the General Plan to
be instrumental in acquiring funds to build a museum for
exhibiting historic and archaeological resources
founding in the City and acquiring, restoring and
maintaining historic resources. He felt that the
commitment of resources to the Center might threaten the
Redevelopment AGency's ability to carry out its
responsibility to the cultural heritage of the old
pueblo. To demonstrate his point that the Decorative
Arts Center was not fulfilling the General Plan
requirement for a cultural non-profit foundation, he
read a letter dated October 22, 1990 from Florinda
Mintz, Discovery Festival Project Director to the
Decorative Arts Center stating that since the Center
had difficulty including the interests of the American
Indian in the "Spain 1992" exhibit, the Festival of
Discovery would withdraw from that exhibit.
(15) Terri Whitcomb, San Diego, noted the collection of 18th
Century furniture being donated by Mel Martin for
exhibit at the Center. She further stated that the
Center was not elitist and ethnic groups were included
in the Center's planning.
Council/Board Comments:
Councilman Hausdorfer concurred with staff's recommendations
and noted the decision of the Council many years ago to
support the Center. He felt that the Center should be given
the opportunity to grow before it can become independent
because its contributions to the community, county, and
nation were more significant than the financial issues. He
suggested that a condition be added to the staff recommenda-
tion initiating an annual review process.
Councilman Jones noted is concerns relative to how the lease
was negotiated early on and urged the Center to obtain more
participation from the average citizen.
Councilman Vasquez noted that only two of the letters he
received in support of the Center were from San Juan
Capistrano residents. He felt that since the City has
already invested approximately $388,000 in the Center and has
only received $4,000 in rent payments, that Libros Y Artes
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should become independent at this time through their own
resources. He felt that although the Center was an asset to
the community, that group was being given a disproportionate
share of the tax dollars. He suggested selling the Center
and assisting the Center in becoming self-sufficient stating
the City cannot afford to support the Center because of
budget constraints.
Mayor Friess concurred with Councilman Hausdorfer's comments
and suggestions and discussed the City's past financial
involvement with the construction of the Library.
Direction to Prepare Charter/Accept Pledge/Annual Review:
It was moved by Councilman Hausdorfer and seconded by
Councilman Jones that:
(1) The City Manager prepare a charter for Libros Y Artes
de San Juan Capistrano and the Decorative Arts Study
Center, to be considered by the Agency and the City
Council at the first meeting in December 1991. Said
charter shall establish the expectations and responsi-
bilities of the Community Redevelopment Agency, the
City, Libros Y Artes, and the Decorative Arts Study
Center;
(2) A pledge be accepted from Gephard R. Durenberger to gift
the promissory note of the San Juan Capistrano Community
Redevelopment Agency, in the principal amount of
$1,000,000, to the City of San Juan Capistrano. With
the assistance of Mr. Durenberger's attorney, the City
Attorney was directed to prepare the proper form for the
pledge; and
(3) An annual review process be initiated and the entire
issue of the $1 -per -year rent be addressed at the end
of a four-year period.
The motion carried with Councilman Vasquez voting in
opposition.
RECESS AND RECONVENE
Council recessed at 9:04 P.M. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:07 p.m.
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CITY MANAGER
RESOLUTION ASSIGNING RECOVERY RIGHTS TO THE ORANGE COUNTY -
CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY (530.20)
written Communication:
Report dated September 3, 1991, from the Assistant City
Manager, forwarding a Resolution assigning to the County -City
Hazardous Material Emergency Response Authority the City's
interest in the collection of costs from those persons or
entities responsible for a hazardous materials mishap which
has resulted in an emergency response service.
Douglas Dumhart, Management Assistant I, presented the staff
report.
Assignment of Rights:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted:
RESOLUTION NO. 91-9-3-4. ASSIGNING CERTAIN RECOVERY
RIGHTS - CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE
AUTHORITY (COUNTY OF ORANGE) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REGARDING THE ORANGE COUNTY -CITY
HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY
AND ASSIGNING CERTAIN RECOVERY RIGHTS TO SAID
AUTHORITY
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
3. EXTENSION OF CONTRACT - CURBSIDE RECYCLING SERVICES (SOLAG
DISPOSAL. INC.) (600.30)
Written Communication:
Report dated September 3, 1991, from the Management Assistant
I, recommending that the contract between the City and Solag
Disposal be extended through June 30, 1992, for the residen-
tial curbside collection of recyclable materials. Costs for
this service will be absorbed through the garbage collection
bill, and user fees will not be increased.
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Douglas Dumhart, Management Assistant I, presented the staff
report and noted the success with the Phase I pilot area.
Final adoption of Phase II is scheduled for November 1991,
with implementation expected between April and June 1992.
Joan Scarantino, 27441 Ortega Highway, inquired about the
revenues and expenses generated by the program. Mr. Dumhart
explained that although the City obtains rebates from Solag
Disposal, the program essentially operates at a loss to the
City.
Approval of Contract Extension:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the Recycling Agreement
between the City and Solag Disposal be extended to June 30,
1992. The Mayor and City Clerk were authorized to execute
the agreement on behalf of the City.
4. APPROVAL OF AGREEMENT BETWEEN CITY AND MARBELLA DEVELOPMENT
COMPANY FOR GRADING OF ACCESS ROAD TO HELICOPTER HILL
(600.301
Written Communications:
Report dated September 3, 1991, from the Assistant City
Manager, forwarding an agreement between the City and
Marbella Development Company which provides the City with a
cash payment in the amount of $95,100 to cover grading and
construction of the access road to the plateau area of
Helicopter Hill by the City.
Mr. Scarborough noted the modification to the proposed
Agreement, at the request of the developer, clarifying that
the developer is not required to provide the City with any
other access from any of the property owned by the developer.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the Agreement Regarding
Access to Helicopter Hill between the City and Marbella
Development Company be approved, as modified, providing the
City with a cash payment in the amount of $95,100 to cover
grading and construction of the access road to the plateau
area of Helicopter Hill by the City.
5. AGREEMENT BETWEEN CITY AND TAR FARMS FOR DEDICATION OF ROAD
RIGHT-OF-WAY ALONG SAN JUAN CREEK ROAD (600.30)
Written Communications:
(1) Report dated September 3, 1991, from the Assistant City
Manager, recommending that an agreement between the City
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and Tar Farms be approved dedicating the road right-of-
way along San Juan Creek Road to allow the City to
complete the remaining portion of the bicycle and
pedestrian path along San Juan Creek Road.
(2) Supplemental Report dated September 3, 1991, from the
Assistant City Manager, forwarding the final draft of
the Agreement, with a modification that increased the
limit on the fees to be reimbursed by the City to the
Tar Farms attorneys from $600 to $800.
Approval of Agreement and Appropriation of Funds:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that:
(1) The agreement between the City and Tar Farms be approved
for the dedication of road right-of-way along San Juan
Creek Road, with the modification to increase the limit
on the fees to be reimbursed by the City to the Tar
Farms attorneys from $600 to $800; and
(2) Funds in the amount of $8,270 be appropriated from the
General Fund Reserves for the construction of the
bicycle/pedestrian path on San Juan Creek Road.
Mr. Scarborough indicated that completion of the road is
expected by October 1991.
DIRECTOR OF PLANNING SERVICES
1. APPEAL OF PLANNING DIRECTOR'S DECISION REGARDING PROPOSED
MULTI -USE STRUCTURE - LOT 64, TRACT 9382 (CORAL PROPERTIES/
MAURERI (420.401
Written Communication:
Report dated September 3, 1991, from the Director of Planning
Services, regarding an administrative hearing to consider an
appeal of the Planning Director's determination requiring
that an Architectural Control application be approved prior
to the issuance of grading permits for a 15,000+ square foot
multi-purpose structure, in accordance with Municipal Code
Sections 9-2.301 and 9-2.306.
Appellant:
Mark R. Maurer
Coral Properties
14841 Yorba Street, Suite 203
Tustin, CA 92681
Exhibits were on display, and Mr. Tomlinson reviewed the
history of the project's planning process.
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Administrative Hearing:
The appellant, Mark Maurer, disputed the determination made
by the Planning Director because he felt that:
(1) architectural control issues were addressed at the time
of the Environmental Review Board hearing held on
February 13, 1991;
(2) no additional review was required after receiving
preliminary verbal approval of the conceptual grading
plan from Dick Bobertz, Land Use Manager, on March 18,
1991; and
(3) the structure should not be characterized as non-
residential since it incorporates a caretaker's resi-
dence.
Mr. Maurer submitted two letters --one dated February 4, 1991,
from the law firm of Rutan & Tucker addressed to the City
Council and Dick Bobertz, which refuted Mr. Bobertz' claims
regarding architectural control requirements, and the other
dated September 3, 1991, from Hall & Foreman, Inc., the
t 4 -erin firm to the City Council, which summar-
projec eng n ,
ized the appellant's reasons for the appeal.
Mr. Clark advised that the single issue to be decided by the
Council with regard to the appeal was whether the proposed
structure is a non-residential structure, as defined in the
Municipal Code; and if it was so determined, the Planning
Director's determination should be upheld.
Council Discussion:
Mayor Friess felt that the structure should be considered
non-residential and made the following comments: On
February 19, 1991, the Council upheld the applicant's appeal
regarding whether the building was a permitted use so the
project could proceed through the planning process; however,
no approval was given to the actual structure since it would
be presented at a later date in the planning process. In
addition, the structure was always referred to as a non-
residential "barn" to support the property's agricultural
activity, with the caretaker's residence as a small
percentage of the total footprint.
Councilman Hausdorfer concurred with Mayor Friess' state-
ments.
Mr. Julian clarified that at the time the Council considered
the appeal of the Planning Director's determination regarding
whether the structure was an accessory structure, the Council
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decided that the project could proceed through the planning
process and did not evaluate the design of the structure.
Councilman Jones stated that when the Council allowed the
project into the planning process in February 1991, the
structure was not presented as residential and it was always
understood that the project would proceed through a discre-
tionary planning process.
Councilman Vasquez concurred with Councilman Jones' state-
ments and stated that the February approval by the Council
did not constitute a "blanket approval" of the project.
Denial of Appeal:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted upholding the
decision by the Planning Director and denying the appeal:
RESOLUTION NO. 91-9-3-5. REAFFIRMING PLANNING
DIRECTOR DETERMINATION MULTI -USE STRUCTURE
(CORAL PROPERTIES/MAURER) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DENYING APPEAL OF PLANNING DIRECTOR
REQUIREMENT FOR ARCHITECTURAL CONTROL APPLICATION
AND PROCESSING FOR PROPOSED MULTI -USE STRUCTURE
PRIOR TO PROCESSING OF GRADING PERMIT (CORAL
PROPERTIES/MAURER)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
2. REQUEST FOR APPROVAL OF THE FINAL WORKING DRAWINGS FOR THE
HISTORIC DEPICTION PROGRAM FOR THE COMMERCIAL/RETAIL PROJECT
LOCATED ON THE SOUTH SIDE OF ORTEGA HIGHWAY AND EAST OF THE
FORSTER MANSION. 27184 ORTEGA HIGHWAY - ARCHITECTURAL CONTROL
89-2 (CAPISTRANO COLLECTION ASSOCIATES/CARLSON) (610.30)
Written Communication:
Report dated September 3, 1991, from the Director of Plan-
ning, recommending that the Historic Depiction Program for
the commercial/retail center located at 27184 Ortega Highway
immediately east of the Forster Mansion be approved. The
program consists of a 20 -inch x 24 -inch "Graphics -Plus"
plaque with narrative to be located in the center courtyard.
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An illustration of the proposed Historic Depiction Program
was on display.
Councilman Vasquez suggested that the wording on the first
line of the plaque be grammatically corrected to read, "The
Forster family moved to San Juan Capistrano in 1844 when
Approval of Historic Depiction Program:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted with the
modification that the grammar on the first sentence of the
plaque be clarified:
COLLECTION/CARLSON) - 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 89-02 (CAPISTRANO
COLLECTION/CARLSON)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
3. REQUEST FOR APPROVAL OF THE FINAL WORKING DRAWINGS FOR THE
NEW RETAIL AND OFFICE DEVELOPMENT LOCATED AT 32107 ALIPAZ
STREET ARCHITECTURAL CONTROL 90-05 (MISSION COURT/BAKER)
(610.30)
Written Communication:
Report dated September 3, 1991, from the Director of Plan-
ning, recommending that the Historic Depiction Program for
the new commercial retail center located at 32107 Alipaz
Street be approved. The program consists of a 10 -foot -wide
by 3'k -foot -high painted mural showing the Joel Congdon House,
which was constructed in 1877, and a narrative plaque.
An illustration of the proposed Historic Depiction Program
was on display.
Approval of Historic Depiction Program:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, that the following Resolution be adopted:
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o1 4 7 �
RESOLUTION NO. 91-9-3-7. HISTORIC DEPICTION PROGRAM
FOR ARCHITECTURAL CONTROL 90-05 (MISSION
COURT/BAKER) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDI-
TIONALLY APPROVING THE FINAL WORKING DRAWINGS FOR
THE HISTORIC DEPICTION PROGRAM FOR ARCHITECTURAL
CONTROL 90-05 (MISSION COURT/BAKER)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE PARKS AND RECREATION
COMMISSION (110.20)
Written Communication:
Report dated September 3, 1991, from the Council Services
Manager.
Mayor Friess noted that four applications had been received
and that two of the applicants had been interviewed by
members of the Council. He volunteered to interview the
remaining applicants.
Continuation of Item:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the item be continued to
the meeting of September 17, 1991.
2. ORAL PRESENTATION - EDUCATION: A CAUSE FOR CELEBRATION
(515.10)
Mayor Friess announced that Saddleback College is sponsoring
an event entitled "A Cause for Celebration," scheduled for
September 28, 1991, at the Mission Viejo Mall to promote
scholarships and educational opportunities at Saddleback
College. Councilman Jones noted the annual bar-be-que fund-
raising event at the Fran Joswick Center scheduled for
September 28, 1991.
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ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Mayor Friess noted the public hearing scheduled for San "
Juan Capistrano and Mission Viejo residents on
September 18, 1991, at 7:00 p.m. at the Capistrano
Valley High School.
b. League of California Cities (140.20)
Councilman Hausdorfer noted the meeting scheduled for
September 5, 1991, at the Nixon Library.
COUNCIL COMMENTS
1. HISTORIC DEPICTION PROGRAM (610.30)
Councilman Jones suggested that Historic Depiction Programs
be considered by the City Council on appeal only and that the
Cultural Heritage Commission be granted the authority for
approving the programs with an informational report to
Council. Staff was directed to prepare a report for the
September 17 meeting.
'T'RANSPORTATION CORRIDOR AGENCIES (800.501
Councilman Vasquez requested minutes and agendas from
Transportation Corridor Agency meetings regarding the
Foothill Corridor. Mayor Friess indicated that he would
supply him with the information.
GOAL -SETTING SESSION (610.70)
Mayor Friess suggested that a follow-up meeting to the spring
goal -setting worksession be scheduled with department heads
to develop a Mission Statement to accompany the goals
established and to evaluate the directions given by Council
to staff over the past six months. Staff was directed to
provide a report at a future meeting regarding how the
evaluation should be addressed.
5. SIGN ENFORCEMENT (410.40)
Mayor Friess noted the need for enforcement regarding
advertising signs in storefronts in Plaza del Obispo which
front the freeway. Mr. Julian advised that staff is
currently investigating methods to expedite the enforcement
process, e.g. establishing a 24-hour period in which to
comply and broadening code enforcement authority beyond the
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City Manager and City Attorney.
at a future meeting.
CLOSED SESSION
349"
A report will be submitted
Council recessed to a Closed Session at 10:25 p.m. for discussion
of legal matters per Government Code Section 94956.9(a) (Concorde
Development v. City), the City Clerk being excused therefrom, and
reconvened at 11:15 p.m.
There being no further business before the Council, the meeting
was adjourned at 11:15 p.m. to the next regular meeting date of
Tuesday, September 17, 1991, at 7:00 p.m. in the City Council
Chamber.
ATTEST:
i
KENNETH E. FRIE S, MAYOR
Respectfully submitted,
CHERYL JGMNSOW, CITY CLERK
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