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:
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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.
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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
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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.
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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.
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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
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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.
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(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
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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).
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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.
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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.
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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)
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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)
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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.
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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.
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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.
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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.
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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
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