Loading...
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. -1- 9/3/91 I 32" 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 -2- 9/3/91 333 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. -3- 9/3/91 3 3V 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) -4- 9/3/91 335 - The 35 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. -5- 9/3/91 3 3 6*' 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 9/3/91 237 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. -7- 9/3/91 (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. -8- 9/3/91 OR R4140 (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 -9- 9/3/91 340OR 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. -10- 9/3/91 341 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. -11- 9/3/91 3 42" 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 -12- 9/3/91 34R 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. -13- 9/3/91 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 OXIC 9/3/91 345 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. -15- 9/3/91 R 46" 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: -16- 9/3/91 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. -17- 9/3/91 q 49" 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 -18- 9/3/91 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 -19- 9/3/91