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91-0917_CC_Minutes_Regular Meeting3 51 " SEPTEMBER 17, 1991 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Friess at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mayor Friess. ROLL CALL: PRESENT: Kenneth E. Friess, Mayor Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Gil Jones, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Thomas 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 Regular Meeting of August 20 1991: A letter dated September 17, 1991, was submitted by TMC Communi- ties requesting that a statement made by Mike Schlesinger regarding the Pacific Point project be clarified in the August 20, 1991, Minutes. Councilman Vasquez requested time to review the meeting tapes and it was moved by Councilman Vasquez, seconded by Councilman Hausdorfer, and unanimously carried that approval of the Minutes of the Regular Meeting of August 20, 1991, be continued to the meeting of October 1, 1991. Regular Meeting of September 3 1991: It was moved by Councilman Vasquez, seconded by Councilman Hausdorfer, that the Minutes of the Regular Meeting of September 3, 1991, be approved as submitted. The motion carried by the following vote: 9/17/91 52° AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. RECOGNITION OF JOHN SHAW, FORMER CITY ATTORNEY (730.90 Written Communications: Report dated September 17, 1991, from the Assistant City Manager, advising that John Shaw had served as the City's first full-time City Attorney. Mr. Shaw resigned in March, 1991, to accept employment with a private practice after serving the City for six years. Mayor Friess read the Resolution in full and it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that a Resolution of Appreciation be approved. Mr. Shaw was present to receive the resolution. RECOGNITION OF THOMAS MERRELL, FORMER DIRECTOR OF PLANNING 730.901 Written Communications: Report dated September 17, 1991, from the Assistant City Manager, advising that Mr. Merrell had retired from City service in March, 1991. Mr. Merrell had held the position of Planning Director since March, 1976. Mayor Friess read the Resolution in full and it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that a Resolution of Appreciation be approved. Mr. Merrell was present to receive the resolution. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) None. -2- 9/17/91 353 Ins 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, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None 1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF AUGUST 30. 1991 (350.30) The City Treasurer's Report of Investments as of August 30, 1991, in the total amount of $17,675,000 was received and filed. 2. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated September 17, 1991, from the Director of Planning Services, regarding actions taken at the meeting of September 10, 1991, was ordered received and filed. 3. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated September 17, 1991, from the Director of Engineering and Building, regarding actions taken at the meetings of July 10 and August 14, 1991, was ordered received and filed. 4. PLANS SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS - SILVER CREEK DRIVE REHABILITATION AT HORNO CREEK AND DRAINAGE IMPROVEMENTS MISSION STREET TO RAMOS STREET (600.30) As set forth in the Report dated September 17, 1991, from the Director of Engineering and Building, the plans and specifi- cations were approved for the rehabilitation of Silver Creek Drive at Horno Creek and for drainage improvements from Mission Street to Ramos Street. Staff was authorized to call for bids. 5. RESOLUTION NOTICE OF COMPLETION AND FINAL RENUKr As set forth in the Report dated September 17, 1991, from the Director of Public Lands and Facilities, the following -3- 3/17/9' 3 54" Resolution was adopted accepting the completion of the 1991 Weed Abatement Program for the City: RESOLUTION NO. 91-9-17-1. COMPLETION OF 1991 WEED ABATEMENT PROGRAM (ED STEWART CUSTOM WEED ABATE- MENT) - 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 1991 WEED ABATEMENT PROGRAM (ED STEWART CUSTOM WEED ABATEMENT) The Resolution accepted the work as complete in the amount of $10,905.30 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $1,090.53 thirty-five (35) days after recording the Notice of Completion. 6. RESOLUTION. ACCEPTANCE OF RECREATIONAL TRAIL EASEMENT - TRACT 6381, LOT G, STONERIDGE ESTATES (670.50) As set forth in the Report dated September 17, 1991, from the Director of Engineering and Building, the following Resolution was adopted accepting the Recreational Trail Easement within Lot G of Tract 6381, to provide a connection between trails in the Marbella and Hunt Club developments: RESOLUTION NO. 91-9-17-2. ACCEPTANCE OF HIKING EOUESTRIAN TRAIL EASEMENT. LOT G. TRACT 6381, STONERIDGE ESTATES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR HIKING AND EQUESTRIAN TRAIL PURPOSES WITHIN LOT G, TRACT 6381 The City Clerk was directed to record the document with the County Recorder. PUBLIC HEARINGS 1. CONSIDERATION OF GENERAL PLAN AMENDMENT 90-07 - AIR QUALITY ELEMENT (AIR QUALITY IMPLEMENTATION PLAN) (CONTINUED FROM AUGUST 20. 1991) (530.50) Proposal: Consideration of an Air Quality Implementation Plan, as required for local jurisdictions by the South Coast Air Quality Management District (AQMD) to comply with their Air Quality Management Plan (AQMP) adopted in 1989. -4- 9/17/91 355Wo Written Communication: Report dated September 17, 1991, from the Director of Planning Services, summarizing the proposed Implementation Plan and recommending adoption. Mr. Tomlinson made an oral presentation, advising that pursuant to discussion with various agencies and the Regional advisory and Planning Council, staff now felt it was more appropriate to adopt an Air Quality Implementation Plan to meet requirements of the 1991 Air Quality Management Plan. The Plan would provide policy guidance and more flexibility than a General Plan Amendment. 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. Adoption of Air Quality Implementation Plan: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that the following Resolution be adopted: RESOLUTION NO 91-9-17-3 ADOPTING AIR QUALITY IMPLEMENTATION PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE AIR QUALITY IMPLEMENTATION PLAN The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None REQUEST FOR ONE-YEAR EXTENSION OF TIME FOR PROPOSED AUTO DEALERSHIP ARCHITECTURAL CONTROL 88-01 ZONE VARIANCE 88-05 (CHRYSLER CAR DEALERSHIP/PFLEIGER) (410.60/460.60) Proposal: Consideration of a request for a one-year extension of time for Architectural Control and Zone Variance approvals for a proposed 23,620 square -foot Chrysler car dealership to be located on the east side of Valle Road approximately 173 feet south of the Yates Volkswagen car dealership. -5- 9/17/9" 356' Applicants• Gary Pfleiger 2 Via Presea Coto de Caza, CA 92679 Written Communication: Report dated September 17, 1991, from the Director of Planning Services, recommending that applications be extended for one year to September 17, 1992. Mr. Tomlinson made an oral presentation and noted that the applicant requested the continuance because of delays in acquiring an easement along the applicant's southwest project boundary line because the traffic circulation pattern for the Pacific Point project (TMC) has not been determined. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following person responded: (1) Michael Alex, representing the applicant, spoke in support of the time extension. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Councilman Jones stated that he would not support the time extension request, noting he has opposed the project when it had been reviewed by the Planning Commission in 1988. Mayor Friess stated he would not support the time extension request because of his opposition to all aspects of the project. Approval of One -Year Time Extension for Zone Variance: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted: RESOLUTION NO. 91-9-17-4. APPROVING ZONE VARIANCE 88-5 (SAN JUAN CHRYSLER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ZONE VARIANCE 88-5 (SAN JUAN CHRYSLER) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Buchheim, and Vasquez NOES: Councilman Jones and Mayor Friess ABSENT: None 9/17/91 3. R 57" Approval _of One Year Time Extension for Architectural Control: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted: RESOLUTION NO 91-9-17-5 APPROVING EXTENSION OF TIME FOR ARCHITECTURAL CONTROL 88-1 (SAN JUAN CHRYSLER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING EXTENSION OF TIME FOR ARCHITECTURAL CONTROL 88-01 (SAN JUAN CHRYSLER) The motion carried by the following vote: AYES: Councilmen Hausdorfer, Buchheim, and Vasquez NOES: Councilman Jones and Mayor Friess ABSENT: None REGULATE SMOKING OF TOBACCO IN PUBLIC PLACES AND PLACES OF EMPLOYMENT (585.20) Proposal: Consideration of an Ordinance to regulate smoking in public places, as requested by Council on April 16, 1991. The proposed Ordinance would prohibit smoking in municipal offices, elevators, hospital and health care facilities, public meeting rooms, theaters and auditoriums, public restrooms, retail stores and public transportation. It would regulate smoking in restaurants with a seating capacity of 50 or more persons and require an employer with three or more employees to have a written smoking policy prohibiting smoking in conference rooms, restrooms, hallways, elevators, and in half of the seating capacity of employee cafeterias and lounges. It would not regulate private residences used as workplaces, bars or nightclubs. The ordinance provide an exemption mechanism available to persons based upon an inability to comply with the regulations. The City's Code Enforcement division would be responsible for enforcement of the smoking regulations. Written Communications: (1) Report dated September 17, 1991, from the Council Services Manager, summarizing the proposed ordinance. The report forwarded the proposed ordinance and a resolution waiving the fee required for an exemption hearing. -7- )/17//r 7- )/17/r (2) Memorandum dated September 17, 1991, from the Council Services Manager, forwarding alternate language for regulating smoking in eating establishments and retail stores. Carole Jacklin, Council Services Manager, made an oral presentation and noted that the prohibition of smoking in public meeting rooms would include meeting rooms in churches and mobilehome parks. Staff offered two alternatives with regard to prohibiting smoking in eating establishments: 1) any person requesting a non-smoking area would be provided one; or 2) the restaurant must set aside a certain percentage (e.g. 75%) of its dining area for non-smoking. It was suggested that smoking also be prohibited in restaurant reception areas. Mr. Julian noted the effort made by staff to notify the business community of the proposed Ordinance and stated that with the help of the City Attorney, staff would assist local businesses in setting up their own smoking regulations. Public Hearina: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Paul Farber, owner of the Franciscan Plaza, 31781 Camino Capistrano, spoke in favor of the proposed Ordinance and felt that the regulations would not hurt local businesses. (2) David Swerdlin, 26172 Via de Toledo, spoke in opposition to the proposed Ordinance on behalf of the Downtown Merchants Association, the majority of whom felt that San Juan Capistrano merchants would be at a disadvantage economically unless non-smoking regulations were adopted County -wide. (4) Tom Crane, owner of the Dodge auto dealership, 33301 Camino Capistrano, spoke in opposition to the proposed Ordinance stating there were already too many City ordinances and signs to post in his facility. There being no further input, the hearing was declared closed with the right to reopen at any time. Introduction of Ordinance Regulating Smoking in Public Places: The City Manager read the title of the Ordinance next in order. Further reading of all Ordinances had been waived ME 9/17/91 359ON earlier in the meeting. It was moved by Councilman Jones, seconded by Councilman Buchheim, that the following Ordinance be introduced regulating smoking in public places, with the following modifications: (1) Restaurants seating 50 or more persons, excluding outdoor and bar seating, shall set aside 75% of its seating capacity and floor space for non-smoking. (2) Smoking shall be prohibited in retail store areas that are available to the public. AMENDING TITLE 5 CHAPTER 20 OF THE MUNICIPAL CODE - SMOKING IN PUBLIC PLACES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 5, CHAPTER 20, OF THE MUNICIPAL CODE ENTITLED "SMOKING IN PUBLIC PLACES" The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None Establishment of a Fee for Exemption Hearings: It was moved by Councilman Jones, seconded by Councilman Buchheim, that the following Resolution be adopted establishing a fee for the conduct of exemption hearings: RESOLUTION NO 91-9-17-6. EXEMPTION HEARING FEE - SMOKING ORDINANCE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A FEE FOR THE CONDUCT OF EXEMPTION HEARINGS FROM ORDINANCE NO. 694 (SMOKING ORDINANCE) The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None The fee required by Ordinance No. 694 was set at No Dollars ($0.00). -9- 9/17/91 RECESS AND RECONVENE Council recessed at 7:57 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:30 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. AMENDMENT TO CHAPTER 3 OF TITLE 6 OF THE MUNICIPAL CODE ESTABLISHING THE "MUNICIPAL SOLID WASTE COLLECTION LAW OF THE CITY OF SAN JUAN CAPISTRANO" (810.10) Written Communication: Report dated September 17, 1991, from the Management Assistant I, recommending that the City's Municipal Refuse Collection Law be amended to comply with the California Integrated Waste Management Act of 1989 and to better control solid waste within the City. Douglas Dumhart, Management Assistant I, made an oral presentation, noting that the amendment was designed to regulate the construction and demolition debris that currently accounts for 54.4% of the City's waste stream; that this industrial waste was currently unregulated. He recommended that the regulations not be effective for 90 days from adoption to allow staff time to prepare an implementation plan and perform a general audit of the current waste hauler. The proposed ordinance provided for entering into a contract for exclusive solid waste handling services within the City and required mandatory subscription to the trash collection service. He explained that under the proposed Ordinance, contract haulers other than the City's exclusive franchise hauler, including independent clean-up contractors, would be prohibited from hauling refuse to the landfill; the main thrust being to account for waste from the City going to the landfill. Landscape contractors would not be prohibited from hauling away "green" waste. Mr. Julian noted that only licensed general contractors would be able to subcontract for the hauling of debris and materials from construction sites. A refuse bin, however, must be provided by the exclusive franchise hauler only. Persons who wished to haul their own trash to the landfill would not be prohibited from doing so. Persons wishing to donate, or sell recyclable solid waste, such as soda cans, would not be prohibited from doing so. He noted that the ordinance also provided an appeal mechanism. -10- 9/17/91 36T M Councilman Jones inquired whether the number of bins would increase under the proposed Ordinance, and Mr. Dumhart indicated that Solag Disposal, in a letter dated September 9, 1991, stated the current number of bins and trucks would be able to handle the additional capacity. Joan Scarantino, 27441 Ortega Highway, cited concerns regarding exclusive waste hauling, mandatory subscription to the trash service, inquired about the exemption procedure and notification for the 1,000 residents who would be affected by the proposed Ordinance. Council discussed restricting independent clean-up contractors from doing business in the City and there was a consensus that a provision be included for allowing an individual to exclusively contract for clean up services and hauling that debris to the landfill. The City Manager read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the following Ordinance be introduced establishing the City's Municipal Solid Waste Collection Law, with a modification to allow independent clean-up haulers to do business in the City: AMENDING TO TITLE 6 OF THE MUNICIPAL CODE - MUNICIPAL SOLID WASTE COLLECTION LAW - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 6, CHAPTER 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR THE COLLECTION OF SOLID WASTE (MUNICIPAL SOLID WASTE COLLECTION LAW) The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None The new regulations will be effective December 30, 1991, to allow development of the implementation plan. -11- 9/17/r, 3 62" 2. THIRD AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT (ORANGE COUNTY SHERIFF'S DEPARTMENT) (600.50) Written Communication: Report dated September 17, 1991, from the Assistant City ^ Manager, recommending approval of the Third Amendment to the Law Enforcement Agreement with the Orange County Sheriff - Coroner Department to incorporate increased costs in providing law enforcement services to the City. Councilman Vasquez requested a report which would explain the number of supervisors and sergeants necessary within the Department and ways the City may be able to cut costs in the future. Staff was directed to prepare the report for the Council. Approval of Third Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that the Third Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner Department be approved in the amount of $2,354,927 for fiscal year 1991-92. The Mayor was authorized to execute the document on behalf of the City. FORMATION OF COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE FOR YEAR 18 (FISCAL YEAR 1992-93) (480.20) Written Communication: Report dated September 17, 1991, from the Community Development Assistant, recommending that a Community Development Block Grant Committee be formed to evaluate and recommend projects for the CDBG application for fiscal year 1992-93. Julia Kimminau, Community Development Assistant, made an oral presentation and noted that the Committee is to be made up of one member from the Los Rios Review Committee, one member from the Mobile Home Park Review Committee, one member from the Planning Commission, and two members from the community at -large. Appointment of Committee Members: It was moved by Mayor Friess, seconded by Councilman Jones, ^ and unanimously carried that the following persons be appointed to the Community Development Block Grant Committee for fiscal year 1992-93: (1) Diane Bathgate (Planning Commission) (2) Bill Hardy (Los Rios Review Committee) (3) Thomas Erin (Mobile Home Park Review Committee) (4) Pamela Gibson (community at -large) (5) Terry Dorse (community at -large) -12- 9/17/91 The Committee's recommendations will be presented to the City Council at its meeting of November 5, 1991. 4, APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR CLASSIFIED EMPLOYEES (730.30) Written Communication: Report dated September 17, 1991, from the Assistant City Manager, forwarding the Memorandum of Understanding for the 1991-92 fiscal year for Classified Employees. The contract provides for a salary increase of 3% on July 1, 1991, an additional 2% on January 1, 1992, and increased contributions for employee medical insurance, for a total compensation increase of 5.6%. Councilman Vasquez stated he would not support the increase because of the City's budget constraints. Acceptance of Memorandum of Understanding: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the Memorandum of Understanding between the City and the San Juan Capistrano Classified Employees Association be accepted for fiscal year 1991-92. The motion was carried with Councilman Vasquez voting in opposition. RESOLUTION APPROVING PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (700.20) Written Communication: Report dated September 17, 1991, from the Assistant City Manager, recommending that the City's Personnel Classification and Compensation Plan be amended to provide for a 3% increase effective July 1, 1991, and an additional 2% increase effective January 1, 1992, for the Classified Employees, and a 2% increase effective July 1, 1991, for Management Employees. Approval of Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the following Resolution be adopted: RESOLUTION NO 91-9-17-7 AMENDING RESOLUTION NO. 89-10-17-3 THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PAIN - FISCAL YEAR 1991-1992 MEMORANDUA OF UNDERSTANDING - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 89-10-17-3, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (FISCAL YEAR 1991-1992 MEMORANDA OF UNDERSTANDING) -13- 9/17/9 9641 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, and Mayor Friess NOES: Councilman Vasquez ABSENT: None DIRECTOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.101 Written Communication: Report dated September 17, Planning Services, advising applications were received by Of August 20, 1991. 1991, from the Director of that five new development the City since the last report The Report was received and filed. 2. CONSIDERATION OF A REQUEST TO INITIATE A GENERAL PLAN AMENDMENT STUDY FOR A PROPOSED RESIDENTIAL DEVELOPMENT LOCATED AT THE EASTERLY TERMINUS OF CAMINO LAS RAMBLAS (CONCORDE DEVELOPMENT COMPANYI (440.25) Written Communication: Report dated September 17, 1991, from the Director of Planning Services, recommending that a General Plan Amendment Study be initiated in order to evaluate a proposal by Concorde Development that would relocate a portion of a General Plan Ridgeline to reduce grading impacts and allow 87 lots at the terminus of Camino Las Ramblas. Mayor Friess abstained on this item due to a possible conflict of interest, and Mayor Pro Tem Buchheim presided. Dick Bobertz, Land Use Manager, made an oral presentation and emphasized that approval to initiate the study would not constitute any approval of the project. Mr. Julian noted that initiation of a General Plan Amendment would allow widespread notification of interested parties, environmental groups, etc., as well as review by the public, Planning Commission, and City Council. Councilman Jones stated that he would vote in opposition to the study because of pending litigation with the petitioner. Mr. Clark advised that the pending litigation with Concorde Development would not preclude the Council from initiating the study. -14- 9/17/91 365 7 Councilman Vasquez stated that he would vote in opposition to the study, stating that the concept plan that was previously denied by the City Council could be reworked. He encouraged the applicant to pursue a project plan which would comply with the City's guidelines. Councilman Hausdorfer felt that in order to consider any alternatives to cluster the housing units at the back of the property, as proposed by the applicant, the feasibility of such a proposal should first be addressed with regard to ridgeline impacts. Mayor Pro Tem Buchheim concurred with Councilman Hausdorfer's comments but noted he voted against the original project. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that a Resolution be adopted initiating a study for General Plan Amendment 91-03. The motion failed by the following vote: AYES: Councilmen Hausdorfer and Buchheim, NOES: Councilmen Jones and Vasquez ABSTAIN: Mayor Friess ABSENT: None The motion having failed, a study of General Plan Amendment 91-03 will not be pursued. This item having concluded, Mayor Friess presided. 3. AMENDMENT TO CITY COUNCIL POLICY NO 606 - HISTORIC DEPICTION PROGRAMS (610.30) Written Communication: Report dated September 17, 1991, from the Director of Planning Services, recommending that City Council Policy No. 606 be revised to grant the Cultural Heritage Commission the authority to give final approval of Historic Depiction Programs for development projects. Adoption of City Council Policy No. 606: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the modifications to City Council Policy No. 606 be adopted granting the Cultural Heritage Commission the authority to give final approval of Historic Depiction Programs for development projects, with a summary of the approved projects to be forwarded to the City Council. -15- 9/17/' Zi V DIRECTOR OF COMMUNITY SERVICES 1. OPEN SPACE UPDATE (530.40 Written Communication: Report dated September 17, 1991, from the Director of Community Services, providing an overview of the various activities associated with the Open Space Bond Act Measure D. Mr. King noted that in addition to providing results from the community questionnaire by the Keith French Group, environmental issues will be addressed at the September 30, 1991, special study session for the Open Space Master Plan. The Report was received and filed. 2. REQUEST FOR 60 -DAY EXTENSION OF LEASE AGREEMENT (MISSION TRAILS STABLES) (600.20) Written Communication: Report dated September 17, 1991, from the Director of Community Services, recommending that the current lease agreement between the City and Mission Trails Stables be extended for 60 days to finalize a new amended lease agreement. Approval of Contract Extension: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the current lease agreement between the City and Mission Trails Stables be extended for 60 days to and including November 30, 1991. COUNCILMANIC ITEMS 1. APPOINTMENT OF ONE MEMBER TO THE PARKS AND RECREATION COMMISSION (110.20) Written Communication: Report dated September 17, 1991, from the Council Services Manager. Mayor Friess provided the Council with a ranking of the applicants he interviewed and stated that all were excellent candidates. Councilman Hausdorfer recommended Tiffany Allevato, and Councilman Buchheim recommended Matt Gaffney for the position. 010M 9/17/91 367-7 Appointment of Member: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that Tiffany Allevato be appointed to the vacancy on the Parks and Recreation Commission. The motion was carried with Councilman Buchheim voting in opposition, without prejudice. 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill Transportation Corridor (800.50) Mayor Friess noted the hearing scheduled for Thursday, September 19, at the Capistrano Valley High School, Central Quad Area, to receive public comment regarding the Corridor's EIR. COUNCIL COMMENTS 1. GRAFFITI ABATEMENT - STONEHILL BRIDGE (530.60) Councilman Buchheim noted the graffiti on the southwest side of the Stonehill Drive Bridge, which is under construction across San Juan Creek. 2. TREE PLANTING - ORTEGA BUSINESS CENTER (410.901 Councilman Vasquez inquired about the status of the planting of eucalyptus trees along the Water District easement at the Ortega Business Center. Staff was directed to investigate and report back to Council. REQUEST FOR ORDINANCE PROHIBITING LEAFBLOWERS (530.10) Mayor Friess noted petitions being circulated in the commun- ity requesting the prohibition of gasoline -powered leafblow- ers. Staff was directed to investigate and report back to Council. 4. EQUALIZATION OF FUNDING AD HOC COMMITTEE (515.10) It was a consensus of the Council that Councilman Vasquez be appointed to represent the City on the Capistrano Valley School District's Ad Hoc Committee. CLOSED SESSION Council recessed to a Closed Session at 9:40 p.m. for discussion of meet and confer matters per Government Code Section 54957.6 and legal matters per Government Code Section 94956.9(a) (Maurer/Coral Properties v. City), the City Clerk being excused therefrom, and reconvened at 10:10 p.m. -17- 9/17/9' COUNCIL ACTIONS APPROVAL OF COMPENSATION PLAN FOR EXECUTIVE EMPLOYEES (730.30) It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the same compensation package of 5.6% that was approved for the City's Management and Classified Employees be authorized for the Executive Employees. The City Manager was authorized to conclude agreements with the Executive Employees. The motion was carried with Councilman Vasquez voting in opposition. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:10 p.m. to the next regular meeting date of Monday, September 30, 1991, at 7:00 p.m. in the City Council Chamber. ATTEST: ENNETH E. FRIESS, MAYOR Respectfully submitted, CHERYL JORNSON, CITY CLERK -18- 9/17/91