90-0717_CC_Minutes_Regular MeetingJULY 17, 1990
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 Hausdorfer at
7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Doran
Tregarthen of St. Margaret of Scotland Episcopal Church.
ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor
Lawrence P. Buchheim, Councilman
Anthony L. Bland, Councilman
ABSENT: Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw,
City Attorney; George Scarborough, Assistant City Manager/Acting
City Clerk; David Bentz, Director of Administrative Services;
Thomas G. Merrell, Director of Community Planning and Development;
Thomas L. Baker, Director of Community Services; Cheryl Johnson,
Deputy City Clerk; Nancy Bernardi, Recording Secretary.
MINUTES
It was moved by Councilman Bland, seconded by Councilman Buchheim,
that the Minutes of the Regular Meeting of June 19, Adjourned
Regular Meeting of June 26, and Regular Meeting of July 3, 1990,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Bland,
and unanimously carried that all Ordinances be read by title only.
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"ONS AND COMMENDATIONS
1. PREc;ENTATION OF COMMUNITY SERVICES AWARD - VICKEE DONOHO
(610.40)
Mayor Hausdorfer presented Vickee Donoho with a Community
Services Award for her four years of service as President of
the San Juan Capistrano Little League and her dedication and
commitment to the youth of San Juan Capistrano.
SAN JUAN CAPISTRANO ANGELS (595.60)
Mayor Hausdorfer noted an article which appeared in the
July 17, 1990, issue of The Los Angeles Times regarding the
San Juan Capistrano Angels participation in this year's
Senior Softball World Series and wished them luck on behalf
of the City.
ORAL COMMUNICATIONS
1. EMPLOYEE COMMENDATION (730.901
Dave Swerdlin of Mission Photography expressed his apprecia-
tion to Jeffrey Parker, Assistant to the City Manager, for
Mr. Parker's assistance in having repairs completed for the
downtown merchants.
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman Buchheim,
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated July 12, 1990, in the total amount
of $1,496,514.74, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of June 30,
1990, in the total amount of $21,315,378.00 was approved as
submitted.
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3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated July 17, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of July 3, 1990, was ordered received and
filed.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION
ACTIONS (910.60)
The Report dated July 17, 1990, from the Senior Management
Assistant, regarding actions taken at the meeting of June 27,
1990, was ordered received and filed.
REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated July 17, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of June 28, 1990, was ordered received and
filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
ACTIONS (590.20)
The Report dated July 17, 1990, from the City Engineer,
regarding actions taken at the meetings of June 13 and 27,
1990, was ordered received and filed.
APPROVAL OF FINAL MAP AND IMPROVEMENT AGREEMENT -
PARCEL MAP 88-227/ ARCHITECTURAL CONTROL 88-06
(SPAULDING) (600.30/420.70/410.60)
As set forth in the Report dated July 17, 1990, from the City
Engineer, Final Map 88-227 and the Improvement Agreement were
approved for Mr. G. Richard Spaulding to subdivide a 5.56 -
acre site into seven parcels, based on the finding that the
Map and Agreement are in conformance with the Subdivision Map
Act and the conditions set forth by Council Resolution No.
88-11-1-4. The Mayor and City Clerk were authorized to sign
the Improvement Agreement on behalf of the City. The City
Engineer and City Clerk were authorized to execute the Map,
and the City Clerk was requested to record said Map, and
Agreement.
DESIGNATION OF ORANGE COUNTY HEALTH CARE AGENCY
AS LOCAL ENFORCEMENT AGENCY (560.80)
As set forth in the Report dated July 17, 1990, from the
Assistant City Manager, the following Resolution was adopted
supporting the designation of the Orange County Health Care
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Agency as the Local Enforcement Agency to carry out the
provisions of the Z'Berg-Kapiloff Solid Waste Control Act of
1976, as requested by the Orange County Division of the
League of California Cities:
RESOLUTION NO. 90-7-17-1, SUPPORTING DESIGNATION
OF COUNTY HEALTH CARE AGENCY AS LOCAL ENFORCEMENT
AGENCY - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO SUPPORT
DESIGNATION OF THE COUNTY HEALTH CARE AGENCY AS THE
ORANGE COUNTY LOCAL ENFORCEMENT AGENCY AS REQUIRED
BY THE Z'BERG-KAPILOFF SOLID WASTE CONTROL ACT OF
1976
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION ACTION. DENYING REQUEST FOR
DEMOLITION OF TWO HISTORIC STRUCTURES - SITE PLAN REVIEW
89-24 (CHORAK) (410.50)
Proposal:
Consideration of an appeal of a Planning Commission denial
for a demolition permit for two historic structures located
at 31720 and 31742 Los Rios Street in the Los Rios District,
also known as the "Frank Velasquez House" and the "Ygnacio
Soto House." The basis for the appeal is the Los Rios area
being downgraded by proposed new housing within the Little
Hollywood area, new circulation proposals for the area, and
the existing Solag operation.
Applicant/Appellant/Property Owner:
Mr. David Chorak
31720 Los Rios Street
San Juan Capistrano, CA 92675
Written Communication:
Report dated July 17, 1990, from the Director of Community
Planning and Development, recommending that the Planning
Commission's denial be upheld, based on the belief that Mr.
Chorak's grounds for appeal are not related to the legal
requirements for demolition of unsafe structures in the Los
Rios Precise Plan area.
Lynn Dosheery, Land Use Manager, made an oral presentation,
noting the recommendations for denial by the Planning
Commission, the Los Rios Review Committee, and the Cultural
Arts and Heritage Commission.
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Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following person respon-
ded:
(1) David Chorak, applicant, felt that the quality of the
Los Rios area was being downgraded due to potential
impacts from the proposed construction of low-cost
housing in the area and that the historical importance
of the area is no longer valid.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Council Discussion:
The Council noted that the City is working to enhance and
improve the Los Rios area with compatible low-cost housing
without high density, which project has received extensive
review and funding.
Reaffirming Planning Commission Denial:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following Resolution be adopted reaffirming
the Planning Commission's denial of the demolition permit for
SPR 89-24:
RESOLUTION NO. 90-7-17-2, REAFFIRMING PLANNING
COMMISSION DENIAL OF DEMOLITION PERMIT - LOS RIOS
DISTRICT. SITE PLAN REVIEW 89-24 (CHORAK) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE
PLANNING COMMISSION'S DENIAL OF A DEMOLITION PERMIT
REQUEST FOR TWO HISTORIC STRUCTURES IN THE LOS RIOS
DISTRICT, SITE PLAN REVIEW 89-24 (CHORAK)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim, and
Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
2. PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE LOS RIOS
PRECISE PLAN (440.25)
Proposal:
Consideration of an amendment to the Los Rios Precise Plan
circulation element to bring the Plan into consistency with
the July 1987, Los Rios Precise Plan Land Use Amendment.
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Written Communication:
Report dated July 17, 1990, from the Director of Community
Planning and Development, forwarding two alternatives for
consideration and recommending Alternate A, which does not
extend Paseo Adelanto through to Avenida de la Vista,
stopping at Ramos Street. The Report noted the Los Rios
Review Committee's preference for Alternate A and the Traffic
and Transportation's preference for Alternate B, which would
extend Paseo Adelanto to Avenida de la Vista.
Exhibits were on display, and Thomas Tomlinson, City Planner,
made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing with the right to reopen at any time.
Approval of Negative Declaration/Alternate "A":
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that:
(1) the Negative Declaration issued by the Environmental
Review Board be approved based on the findings of the
Initial Study that there is no substantial evidence that
the project will have a significant effect on the
environment; and
(2) the following Resolution be adopted approving Alternate
A:
RESOLUTION NO. 90-7-17-3, APPROVING LOS RIOS
PRECISE PLAN CIRCULATION ELEMENT AMENDMENT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING "ALTERNATE
A" AS AN AMENDMENT TO THE LOS RIOS PRECISE PLAN
CIRCULATION ELEMENT
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
It was the consensus of Council that staff work with Messrs.
Ito and Jones regarding coordination of Alternate A and the
recommendation for a gate on River Street to allow the two
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property owners to control access to Los Rios Street.
Additionally, Mayor Hausdorfer requested that Mr. Parker
monitor the situation and report back to the Council.
3. PROPOSED SUBDIVISION OF 9.093 ACRES INTO THREE RESIDENTIAL
LOTS - TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) (420.70)
Proposal-
Consideration of a request to subdivide a 9.093 -acre site
located at 31431 Paseo Christina in the Large Estate District
into three residential parcels.
Applicant/Property owner:
Dr. Stanley Stanbridge
31431 Paseo Christina
San Juan Capistrano, CA 92675
Written Communication:
Report dated July 17, 1990, from the Director of Community
Planning and Development, reviewing the issues raised by the
Planning Commission regarding potential hillside grading
impacts, proposed building pad sizes, and completion of
improvements to San Juan Creek Road. Staff forwarded a
recommendation of approval.
Lynn Dosheery, Land Use Manager, made an oral presentation
and reviewed the Planning Commission's three key issues,
noting that the issue dealing with the applicant's completion
of improvements to San Juan Creek Road was not brought up
during Planning Commission review. Ms. Dosheery noted that
the applicant was made aware of this requirement during
discussions with staff and that the improvements must be
completed prior to issuance of building permits. Mr.
Stanbridge's costs are estimated to be $12,000 to $15,000,
in addition to the value of his dedicated land.
Public Hearina:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following persons respon-
ded:
(1) Dr. Stanley Stanbridge, applicant, stated that the issue
of his contribution to the cost of improvements to San
Juan Creek Road was brought to his attention several
days after the Planning Commission reviewed his request.
He felt that the cost was excessive and noted his
dedication of 3/4 acre of land for the right-of-way and
improvements to the property. Dr. Stanbridge also felt
that others should participate in the improvements, such
as the Equestrian Center. Due to the fact that he had
not been made aware of the cost for improvements until
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after Planning Commission review, Dr. Stanbridge was
given the option to continue this item until he had a
chance to study the requirement, and he chose to receive
the Council's decision at this meeting.
(2) Craig Allen of White Real Estate, representing
Dr. Stanbridge, noted the value of the dedicated land.
He stated that since Mr. Diffley would not be required
to participate in the road improvements because of his
dedication of land, that Dr. Stanbridge should not be
required to participate.
Continuation of Hearing:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the hearing be
continued to the meeting of August 7, 1990, so as to allow
Dr. Stanbridge to communicate with staff regarding the
participation requirement and the agreement between
Mr. Diffley and the City.
4. PROPOSED REZONE AND CONDITIONAL USE PERMIT TO ALLOW HEALTH
CLUB AND PERMIT JOINT PARKING USE AT PROPERTY LOCATED AT THE
WEST END OF CALLE ARROYO (SELIGMAN/CAPISTRANO BUSINESS
CENTER) (460.20/460.70)
Proposal:
Consideration of a request for a rezone to allow a health
club facility (Family Fitness Center) as a principal permit-
ted use within the Ortega Planned Community, Comprehensive
Development Plan Area 78-1, Planning Sector B-1, located at
27131 Calle Arroyo. The Planning Commission approved a
Conditional Use Permit allowing parking spaces to be shared
between the health club and adjacent office uses, subject to
Council approval of the rezone.
Applicant:
Capistrano Enterprises
5100 East La Palma, #202
Anaheim, CA 92806
Written Communication:
Report dated July 17, 1990, from the Director of Community
Planning and Development, recommending that the rezone be
granted as a conditional use rather than as a principal use
so that the City could better regulate and monitor the use
to ensure compatibility with surrounding land uses and
activities. The report set forth the shared parking
requirement and noted that the Fitness Center would be
allowed building -mounted signs on the front and rear up to
24 square feet aggregate, with no individual sign exceeding
18 square feet.
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Exhibits were on display, and Patricia Wilcox -Holloway,
consultant project manager, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following person respon-
ded:
(1) Dr. Fred Seligman, the applicant's representative, spoke
in favor of the rezone.
There being no further response, the hearing was declared
closed with the right to reopen at any time.
Approval of Negative Declaration/Rezone 90-1:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim,
seconded by Councilman Bland, that:
(1) the Negative Declaration be approved based on the
findings of the Initial Study that there is no substan-
tial evidence that the project will have a significant
effect on the environment; and
(2) the following Ordinance be introduced approving Rezone
90-01 to allow health clubs as a conditional use in the
Ortega Planned Community, subject to the CDP 78-1 text
changes:
ORDINANCE. APPROVING REZONE 90-1 (CAPISTRANO
BUSINESS CENTER/SELIGMAN) - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
REZONE 90-1 TO ESTABLISH HEALTH CLUBS AS A
CONDITIONAL USE IN THE ORTEGA PLANNED COMMUNITY,
COMPREHENSIVE DEVELOPMENT PLAN 78-1, PLANNING
SECTOR B-1
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
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5. AUTHORIZATION TO ASSESS CHARGES - CITY LANDSCAPE MAINTENANCE
DISTRICTS (TRACTS 9284, 9382, 8485, 7673, AND 9373/7654)
(345.20)
6. CONFIRMING ASSESSMENTS AND PROVIDING FOR THE LEVYING OF THE
ANNUAL ASSESSMENTS IN LANDSCAPE MAINTENANCE DISTRICT NO. 1
(CAPISTRANO ROYALE) (345.20)
These two public hearings, advertised separately, were considered
as one item.
Proposal•
Consideration of proposed annual assessments for landscape
maintenance districts within Tracts 9284 (Seaview), 9382
(Belford Terrace), 8485 (Mission Springs), 7673 (Mission
Woods), 9373/7654 (Los Corrales), and Capistrano Royale for
1990-91. The property owners would be assessed through
property taxes, and the City would collect an administrative
fee for all work performed in-house.
Written Communication:
Report dated July 17, 1990, from the Superintendent of Public
Works, forwarding the proposed list of assessments for each
district.
Ronald Sievers, Superintendent of Public Works, made an oral
presentation.
Public Hearings:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing and the following person responded:
(1) Warren Vedrine, 28111 Camino La Ronda (Los Corrales),
inquired as to the purpose for the assessment in that
his property is not in close proximity to the park.
Mayor Hausdorfer noted that the park was developed as
a part of the Los Corrales tract and requested that Mr.
Sievers provide Mr. Vedrine with a breakdown for the
assessment in writing.
There being no further response, the hearing was declared
closed with the right to reopen at any time.
Approval of Budgets/Confirming Cost Report:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that:
(1) the budgets be approved for the following landscape
maintenance districts:
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$650 per home - Tract 9284 (Seaview)
$197 per home - Tract 7673 (Mission Woods)
$107 per home - Tract 9373/7654 (Los Corrales)
$218 per home - Tract 8485 (Mission Springs)
$444 per home - Tract 9382 (Belford Terrace)
$1,279 per home - Capistrano Royale;
(2) and that the following Resolution be adopted confirming
these costs and authorizing the Orange County Assessor's
Office to include the charges on the Property Tax Roll:
RESOLUTION NO. 90-7-17-4. CONFIRMING COST REPORT
1990 LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284.
9382. 8485. 7673. 9373/7654. AND LANDSCAPE
MAINTENANCE DISTRICT NO. 1) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR 1990
LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE
CITY OF SAN JUAN CAPISTRANO (TRACTS 9284, 9382,
8485, 7673, 9373/7654, AND LANDSCAPE MAINTENANCE
DISTRICT NO. 1)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
RECESS AND RECONVENE
Council recessed at 8:05 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:12 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REPORT ON REORGANIZATION (700.20/100.30)
Written Communication:
Report dated July 17, 1990, from the Assistant City Manager,
forwarding recommendations for the reorganization of City
personnel and services pursuant to the passage of the Open
Space Bond Issue in April 1990. The key issues addressed
include public land and facilities, development review and
inspection, planning, community services, and organizational
dynamics. Changes in personnel include the appointments of
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Cheryl Johnson to City Clerk and Ronald Sievers to Director
of the newly formed Department of Public Lands and Facili-
ties.
Mr. Julian gave an oral presentation, reviewing the proposed
changes in organization and noting that the City is becoming
more of a maintenance -type organization instead of a develop-
ment organization because of its near-total buildout. He
suggested that the name for the newly formed Public Facili-
ties Services Department be changed on the proposed Resolu-
tion to Department of Public Lands and Facilities. Also
noted was an increase in the City's code enforcement activi-
ties. With regard to Community Services, an emphasis will
be made in integrating the City's immigrant population into
civic activities and programs.
Creation and Appointment of Positions:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that:
(1) the following Resolution be adopted creating the
position of the Director of Public Lands and Facilities:
RESOLUTION NO 90-7-17-5 AMENDING CLASSIFICATION
AND COMPENSATION PLAN - CREATING DIRECTOR OF
DEPARTMENT OF PUBLIC LANDS AND FACILITIES
POSITION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 89-11-7-4, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN
(2) the creation of the Director of Department of Building
and Engineering be authorized; and
(3) Cheryl Johnson be appointed to the position of City
Clerk.
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - THREE-YEAR
PARTICIPATION AGREEMENT (COUNTY OF ORANGE) (600.50)
Written Communication:
Report dated July 17, 1990,
ing that the City enter
Agreement with the County of
Community Development Block
the purpose of undertaking
development activities.
from the City Manager, recommend -
into a three-year Cooperative
Orange for participation in the
Grant Program through 1993 for
essential housing and community
Adoption of Resolution Approving Agreement:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 90-7-17-6. APPROVING THREE-YEAR
COOPERATION AGREEMENT - COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE CITY'S PARTICIPATION IN THE HOUSING
AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH
THE COUNTY OF ORANGE (THREE-YEAR COOPERATION
AGREEMENT, FISCAL YEARS 1991, 1992, AND 1993)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
3. AGREEMENT FOR ENGINEERING AND PUBLIC WORKS CONSULTING
SERVICES (WILLIAM D. MURPHY) (600.30)
Written Communication:
Report dated July 17, 1990, from the Assistant City Manager,
forwarding an agreement between the City and William Murphy
to continue his services in assisting as a consultant on key
projects, including the Stonehill extension, SERRA, and the
Transportation Corridors.
Authorization of Agreement:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the Agreement for
Consulting Services be authorized between the City and
William D. Murphy for the period ending March 31, 1991, at
an hourly rate of $82.50.
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4.
Written Communication:
Report dated July 17, 1990, from the Assistant City Manager,
forwarding an agreement between the City and Thomas Merrell
to provide consultant services for a period of one year upon
his retirement, to commence October 1, 1990, or one week
after a new Director of Planning assumes his/her duties.
Mayor Hausdorfer commended Mr. Merrell for his outstanding
service to the City.
Authorization of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the Agreement for
Consulting Services be authorized between the City and Thomas
Merrell for a one-year period commencing one week after a new
Director of Planning assumes his/her duties, at an hourly
rate of $80.00.
AUTHORIZATION OF POSITION RECLASSIFICATION - SECRETARY I,
COMMUNITY DEVELOPMENT DIVISION (700.20)
Written Communication:
Report dated July 17, 1990, from the Assistant City Manager,
recommending that the Community Development Secretary I
position be reclassified to Secretary II. This position was
recently assigned the task of taking minutes at the Economic
Development Commission and Housing Corporation and the
Downtown Merchants Association meetings, which requires
shorthand skill.
Approval of Reclassification:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the position of
Secretary I in the Community Development Division of the City
Manager's Office be reclassified to that of Secretary II
effective July 1, 1990. Additional funds in the amount of
$512 were authorized to implement the change.
DIRECTOR OF ADMINISTRATIVE SERVICES
ACCEPTANCE OF 1988-89 AUDIT AND FINANCIAL REPORT (310.30)
Written Communication:
Report dated July 17, 1990, from the Director of Administra-
tive Services, forwarding the Audit and Financial Report for
the fiscal period ending June 30, 1989, prepared by Moreland
and Associates, the Agency's independent auditors.
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Acceptance of Report:
It was moved by Director Bland, seconded by Director
Buchheim, and unanimously carried that the 1988-89 Audit and
Financial Report be accepted.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated July 17, 1990, from the Director of Community
Planning and Development, advising that no project applica-
tions were received by the City since the last report of
June 19, 1990. Noted were several preliminary application
meetings which were recently held.
The report was received and filed.
APPEAL OF PLANNING COMMISSION ACTION - ARCHITECTURAL
CONTROL 88-9 SIGN PROGRAM (DOLLEY) (410.60/410.40)
Written Communication:
Report dated July 17, 1990, from the Director of Community
Planning and Development, regarding an appeal of the sign
program for AC 88-9, Phase II of Plaza Del Obispo. The
appeal is based on the Planning Commission's condition that
the mayor tenant signs, Payless and Miller's Outpost, be
illuminated by a backlit light source instead of the appli-
cant's proposed internal neon tube illumination.
Wendie Schulenburg, Assistant Planner, made an oral presenta-
tion, noting that Municipal Code sign regulations (Municipal
Code Section 9-3.603) provide for a discretionary review
using guidelines as general parameters and that consistency
with the Design Element of the General Plan is also a
consideration; that the Planning Commission decision to deny
this sign was based on their finding that the sign was
obtrusive, and not in keeping with the General Plan direction
of signage that promotes a village -like atmosphere.
Robert Dolley, applicant, felt that the proposed signs should
be consistent with those approved for the Stroscher property
and stated that the recommended backlit signage is difficult
to view from an angle. He added he is having difficulty in
obtaining tenants for his center and is over budget.
Lisa Foss, sign contractor for Payless Drugs, stated the
company's preference for maintaining continuity for their
signage throughout Southern California. She offered an
alternative lighting source using reverse channel lettering
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with a low transformer which would reduce the brilliance,
noting that a dimmer could also be added.
Ms. Schulenburg explained that the intent for this center is
to confine the signage within the center, which would be
viewed from the main entry.
Council Discussion:
It was moved by Councilman Buchheim that the applicant's
appeal be granted. The motion died due to a lack of a
second.
Councilman Bland stated that although signage is important
to make businesses known in high-density commercial areas in
other cities, that situation does not exist in San Juan
Capistrano. He felt that the center's two phases need not
be viewed as one development.
Reaffirming Planning Commission Decision:
It was moved by Councilman Bland, seconded by Mayor
Hausdorfer, that the following Resolution be adopted reaf-
firming the Planning Commission's decision to require backlit
illumination for the Payless Drugs and Miller's Outpost
signs:
RESOLUTION NO. 90-7-17-7. REAFFIRMING PLANNING
COMMISSION ACTION - SIGN PROGRAM (DOLLEY) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE
PLANNING COMMISSION'S ACTION ON MAY 22, 1990,
REGARDING CONDITION NOS. 7b, 7c, AND 8c OF PLANNING
COMMISSION RESOLUTION 90-5-22-3 (DOLLEY)
The motion carried by the following vote:
AYES: Councilman Bland and Mayor Hausdorfer
NOES: Councilman Buchheim
ABSENT: Councilmen Friess and Schwartze
3. APPEAL OF PLANNING COMMISSION ACTION - ARCHITECTURAL
CONTROL 88-8 SIGN PROGRAM (JOHNSON/ YU) (410.60/410.40) �.
Written Communication:
Report dated July 17, 1990, from the Director of Community
Planning and Development, regarding an appeal of the sign
program for AC 88-8, Phase II of Plaza Del Obispo. The
appeal is based on the Planning Commission's condition that
the large tenant signs be limited in size and illuminated by
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a backlit light source instead of the applicant's proposed
internal neon tube illumination.
Wendie Schulenburg, Assistant Planner, made an oral presenta-
tion, noting that Municipal Code sign regulations (Municipal
Code Section 9-3.603) provide for a discretionary review
using guidelines as general parameters and that consistency
with the Design Element of the General Plan is also a
consideration; that the Planning Commission decision to deny
this sign was based on their finding that the sign was
obtrusive, and not in keeping with the General Plan direction
of signage that promotes a village -like atmosphere.
Pam Duley of Grubb & Ellis Commercial Real Estate, explained
the importance of the public being able to easily view
signage from the freeway for this particular type of tenant,
a high-end home furnishing center, in order to attract
customers from a larger radius other than San Juan
Capistrano. She noted problems with viewing staff's recom-
mended backlit lighting from anywhere other than at a 90 -
degree angle.
Chuck Johnson, applicant, noted the difficulty in viewing the
backlit lighting at the Hughes center located at Del Avion
and Golden Lighting from any angle other than 90 degrees and
the difficulty in seeing the lettering properly at night
because of a "halo" effect. He felt that fast -traveling
traffic on the freeway would have difficulty seeing the
signage, which is the only exposure for the center, and felt
that the center needed a reasonable opportunity to be quickly
identified. Mr. Johnson suggested that the Council hold off
on any decision until they have had a chance to view the
backlit type of illumination at the Hughes center.
Ms. Schulenburg noted the backlit illumination at the Home
Federal site, that the land use for Area A indicates that
signage should communicate the center name only and not
individual tenants, and that Buildings A and E are located
only 25 feet from the freeway.
Council Discussion:
Councilman Buchheim felt that since the signage appeared to
be crucial, the issue should have been addressed earlier in
the process. He stated a preference for viewing the backlit
illumination at Hughes prior to making a decision.
Mr. Merrell reviewed the history of the signage issues. He
felt that the size of the signs as recommended by staff (18
inches in height and 24 feet long) is generous. Mr. Merrell
suggested that in order to solve the problem of viewing
backlit illumination at night, that channel lettering be
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externally illuminated from the front, which would increase
visibility without the appearance of neon.
Mayor Hausdorfer stated that he would support only non -
halogen, non -neon lighting. Councilman Bland voiced his
preference for the external lighting at Marie Callender's.
Reaffirming Planning Commission Decision with Modified
Condition No. 2c:
It was moved by Councilman Bland, seconded by Mayor
Hausdorfer, that the following Resolution be adopted reaffir-
ming the Planning Commission's requirement for backlit
illumination and size of signage, with the amendment to offer
the applicant the option of installing external incandescent
lighting which shall be reviewed by the Planning Commission:
RESOLUTION NO. 90-7-17-8, REAFFIRMING PLANNING
COMMISSION ACTION - SIGN PROGRAM (JOHNSON/YU) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE
PLANNING COMMISSION'S ACTION ON MAY 22, 1990,
REGARDING CONDITION NOS. 2a AND 2f AND MODIFYING
CONDITION NO. 2c OF PLANNING COMMISSION RESOLUTION
90-5-22-2 (SIGN PROGRAM, JOHNSON/YU - PASEO
MERCADO)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
DIRECTOR OF PUBLIC WORKS
1. AWARD OF CONTRACT - RECYCLING/SOLD WASTE CONSULTING SERVICES
(R.W. BECK) (600.30)
written Communication:
Report dated July 17, 1990, from the Public Works Senior
Management Assistant, recommending that the City contract
with the firm of R.W. Beck and Associates to provide techni-
cal consultation for the development of a joint curbside
recycling program, as required by AB 939. Phase I is
anticipated to begin in September 1990. The City's efforts
will work in conjunction with similar programs in the cities
of Dana Point and San Clemente. Additional funding is
requested to finance Phase I of the project. A final budget
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and suggested funding source will be presented to the Council
at the August 7, 1990, meeting.
Approval of Agreement:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the Agreement for
Consulting Services with R.W. Beck and Associates be approved
and that $5,000 be authorized for Phase I of the program.
2. ESTABLISHMENT OF 20 -MINUTE PARKING ZONE FRONTING CAPISTRANO
UNIFIED SCHOOL DISTRICT OFFICE (570.30)
Written Communication:
Report dated July 17, 1990, from the City Engineer, regarding
a request for the Capistrano Unified School District to
install and maintain a sign and pavement markings estab-
lishing a 20 -minute parking zone in front of their office at
32972 Calle Perfecto.
Establishing Parking Zone:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following Resolution be adopted establishing
a 20 -minute, Monday -Friday, 8 a.m. to 5 p.m. parking zone,
with the condition that the Capistrano Unified School
District install and maintain the necessary sign and pavement
markings upon approval of the Traffic Engineer:
RESOLUTION NO. 90-7-17-9. ESTABLISHING A TWENTY -
MINUTE PARKING ZONE AT 32972 CALLE PERFECTO - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A TWENTY -
MINUTE PARKING ZONE IN FRONT OF 32972 CALLE
PERFECTO
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
3. ESTABLISHMENT OF TOW -AWAY ZONE FOR STREET SWEEPING PROGRAM
' (SADDLEBACK CAPISTRANO HOMEOWNER'S ASSOCIATION) (570.30)
Written Communication:
Report dated July 17, 1990, from the City Engineer, regarding
a request from the Saddleback Capistrano Homeowner's Associa-
tion to establish no -parking zones during street sweeping
days in their community. Ninety-two percent of the residents
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expressed their support of the program, which is scheduled
for implementation on August 31, 1990.
Mr. Julian noted that a minimal number of signs will be used
in this community.
Establishing Tow -Away Zone:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO 90-7-17-10. ESTABLISHING "TOW -AWAY"
ZONES FOR STREET SWEEPING PROGRAM - SADDLEBACK
CAPISTRANO HOMES - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "TOW -AWAY" ZONES DURING THE DAYS AND
HOURS OF STREET SWEEPING IN THE PUBLIC STREETS
WITHIN THE AREA KNOWN AS THE SADDLEBACK CAPISTRANO
HOMES
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
The resolution designated the following streets as tow -away
zones on the first and third Mondays from 8:00 a.m., to 12:00
noon for street sweeping purposes: Via de Oliva, Via de
Aguila, Via de Gavilan, Calle Aspero, Via de Toledo, Paseo
Sanchez, and Paseo Manana.
RESOLUTION INTENT TO VACATE SHAMROCK LANE GLENARIFF LANE,
AND CONNEMARA DRIVE (AVENIDA PESCADOR TO GLENARIFF LANE)
(820.40)
Written Communication:
Report dated July 17, 1990, from Mr. Murphy of the Department
of Public Works, regarding a request from the Connemara II
Property Owners Association for a gate -guarded facility in
their development and the necessity for the City to state
their intention to vacate the streets affected.
Intent to Vacate Streets/Setting Public Hearing:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted declaring
the City's intent to vacate the affected streets and setting
the hearing date for August 7, 1990, at 7:00 p.m., in the
City Council Chamber:
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RESOLUTION NO. 90-7-17-11, INTENT TO VACATE
SHAMROCK LANE, GLENARIFF LANE, AND CONNEMARA DRIVE
(FROM AVENIDA PESCADOR TO GLENARIFF LANE) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENT
TO VACATE SHAMROCK LANE, GLENARIFF LANE, AND
CONNEMARA DRIVE (FROM AVENIDA PESCADOR TO GLENARIFF
LANE)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
ORDINANCES
ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING DUTIES OF
COMMISSIONS (ADOPTION) (110.20/910.60/920.20/590.20/930.40)
Written Communication:
Report dated July 17, 1990, from the Acting City Clerk,
advising that the Ordinance was introduced at the meeting of
June 19, 1990, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim,
seconded by Councilman Bland, that the following Ordinance
be adopted:
ORDINANCE NO. 669 - AMENDING DUTIES OF COMMISSIONS
- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING FOR CHANGES IN DUTIES WITH
RESPECT TO THE CULTURAL HERITAGE COMMISSION, PARKS
AND RECREATION COMMISSION, TRAFFIC AND TRANSPORTA-
TION COMMISSION, AND EQUESTRIAN AND RECREATION
TRAILS COMMISSION
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The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
ABSENT: Councilmen Friess and Schwartze
It was noted that the adopted Ordinance retains the name of
the Cultural Heritage Commission, as requested at the meeting
of July 3, 1990.
2. ORDINANCE AMENDING TITLE 2 AND TITLE 9 OF THE MUNICIPAL CODE
ESTABLISHING A DESIGN REVIEW COMMISSION (ADOPTION) (410.60/
420.30)
Written Communication:
Report dated July 17, 1990, from the Acting City Clerk,
advising that the Ordinance was introduced at the meeting of
July 3, 1990, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim,
seconded by Councilman Bland, that the following Ordinance
be adopted:
ORDINANCE NO. 670 - ESTABLISHING A DESIGN REVIEW
COMMISSION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A DESIGN
REVIEW COMMISSION AND ESTABLISHING AUTHORITY AND
DUTIES WITH RESPECT TO THE OPERATION OF A DESIGN
REVIEW COMMISSION
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
COUNCILMANIC ITEMS
1.
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Written Communication:
Report dated July 17, 1990, from the Acting City Clerk,
stating that the Council subcommittee would make an oral
presentation and recommendation at the meeting.
Although the subcommittee of Councilmen Friess and Schwartze
was not in attendance, Mayor Hausdorfer stated that they had
forwarded their recommendations to the Council.
Approval of Appointments:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that:
(1) all existing members of committees, boards, and commis-
sions be reappointed;
(2) Roy Nunn be appointed to the Architectural Board of
Review (now the Design Review Commission); and
(3) vacant positions on the Planning Commission, Mobilehome
Park Review Committee, Los Rios Review Committee, and
Economic Development Commission be readvertised for a
period of three weeks.
2. ORAL REPORTS OF OUTSIDE AGENCIES
None.
COUNCIL COMMENTS
None.
CLOSED SESSION
Council recessed to a Closed Session at 9:22 p.m. for discussion
of legal and personnel meet -and -confer matters, the Deputy City
Clerk being excused therefrom, and reconvened at 10:17 p.m.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:17 p.m. to the next regular meeting date of
Tuesday, August 7, 1990, at 7:00 p.m. in the City Council Chamber.
ATTEST:
ZGARY HAUSDORFER, YOR
Respectfully submitted,
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r-.