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90-0807_CC_Minutes_Regular MeetingAUGUST 7, 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 7:03 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Roger Boatman of the Community Christian Church. ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor Lawrence P. Buchheim, Councilman Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw, City Attorney; Cheryl Johnson, City Clerk; George Scarborough, Assistant City Manager; David Bentz, Director of Administrative Services; Ray Wellington, Interim Director of Engineering and Building Services; Ronald C. Sievers, Director of Public Lands and Facilities; Thomas G. Merrell, Director of Planning Services; Thomas L. Baker, Director of Community Services; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of July 17, 1990: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of July 17, 1990, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilmen Friess and Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Bland, seconded by Councilman and unanimously carried that all Ordinances be read by title only. -1- 8/7/90 PRESENTATIONS AND COMMENDATIONS PROCLAMATION DESIGNATING AUGUST 18, 1990. AS "VOLUNTEER FIREFIGHTERS RECOGNITION DAY" (610.40) Written Communication: Report dated August 7, 1990, from the City Clerk, forwarding the Proclamation. Presentation of Proclamation: After Mayor Hausdorfer read the Proclamation in full, the City Clerk presented the Proclamation to Captain Dan Lacouague of the Orange County Fire Department, who expressed appreciation to the City Council on behalf of the 30 volunteer firefighters. PROCLAMATION DESIGNATING AUGUST 26, 1990, AS "OLD MISSION RANCHO DAY" (610.40) Written Communication: Report dated August 7, 1990, from the City Clerk, forwarding the Proclamation. Presentation of Proclamation: After Mayor Hausdorfer read the Proclamation in full, the City Clerk presented the Proclamation to April Robertson of the Mission Visitor Center. ORAL COMMUNICATIONS 1. Lou Costea, 231 Trafalgar Lane, requested the City's assistance in resolving a problem with a right-of-way easement on his property located at San Juan Creek Road and La Novia Avenue. The Assistant City Manager was directed to investigate the situation and report back to the City Council. 2. Gordon Scott, representing Papa J's pizza restaurant located in the Price Club Plaza, submitted a letter dated August 7, 1990, to the City Council regarding a complaint received by the City concerning the restaurant's outdoor seating. The letter indicated that no complaints had been received from other merchants in the center and noted four other establish- _ ments in the center utilizing outdoor seating. Mayor Hausdorfer assured Mr. Scott that the City Council had never addressed this matter previously. The Assistant City Manager was directed to investigate the situation and report back to the City Council. -2- 8/7/90 We CONSENT CALENDAR It was moved by Councilman Schwartze, 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 Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated July 26, 1990, in the total amount of $338,156.55, was approved as submitted. 2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated August 7, 1990, from the Director of Planning Services, regarding actions taken at the meeting of July 18, 1990, was ordered received and filed. 3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated August 7, 1990, from the Senior Management Assistant, regarding actions taken at the meeting of July 24, 1990, was ordered received and filed. 4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated August 7, 1990, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of July 9, 1990, was ordered received and filed. 5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated August 7, 1990, from the Director of ' Planning Services, regarding actions taken at the meeting of July 26, 1990, was ordered received and filed. 6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated August 7, 1990, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of July 16, 1990, was ordered received and filed. -3- 8/7/90 REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated August 7, 1990, from the Director of Planning Services, regarding actions taken at the meeting of July 26, 1990, was ordered received and filed. 8. APPROVAL OF LICENSE AGREEMENT FOR PLACEMENT OF DECORATIVE CONCRETE/BRICK PATIO OVER STORM DRAIN (TRACT 7673, LOT 72 - 27662 PASEO BARONA) (MILLER/KLEIN) (600.301 As set forth in the Report dated August 7, 1990, from the Interim Director of Engineering and Building Services, the License Agreement between the City and Bradford H. Miller and Lynn C. Klein was approved. The Agreement allows for the construction of a stepped decorative concrete/brick patio and landscaping over and across a City storm drain, retains the City's rights to access and maintain the storm drain facility, and places the burden of repairs to the patio and replacement of landscaping with the property owner. The Mayor and City Clerk were authorized to execute said License Agreement, and the City Clerk was authorized to forward the Agreement to the Orange County Recorder for recordation. APPROVAL OF AGREEMENT FOR DESIGN CONSULTING SERVICES - TRAFFIC SIGNAL INSTALLATION AT DEL OBISPO STREET AND AGUACATE ROAD (BSI CONSULTANTS) (600.30) As set forth in the Report dated August 7, 1990, from the Interim Director of Engineering and Building Services, the Agreement for Consulting Services for the design of the traffic signal at Del Obispo Street and Aguacate Road and accompanying progression system was awarded to BSI Consul- tants, Inc. in the amount of $19,100, plus 20% for contin- gency fees. The progression system will conduct traffic studies for the intersections of Del Obispo Street at Camino del Avion, Vermuelen Ranch/Capistrano Gardens, Calle Aspero, Aguacate Road, Alipaz Street, Paseo Adelanto, Camino Capistrano, Plaza Street, and Ortega Highway. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 10. DENIAL OF CLAIM (EUREKA & EEL RIVER RAILWAY COMPANY, INC.) (170.10) The claim for indemnification received by the City from Himes, McDonough & Strickland, attorneys for Eureka & Eel River Railway Company, Inc., was denied, as set forth in the report dated August 7, 1990, from the City Attorney. The claim was filed in the event a judgment is rendered against the company in the Eric T. Blackman v. City, et al lawsuit. -4- 8/7/90 11. RESOLUTION CONFIRMING 1990-91 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES) (345.80) As set forth in the Report dated August 7, 1990, from the Director of Administrative Services, the following Resolution was adopted confirming the 1990-91 assessment charges for Assessment District 78-3: RESOLUTION NO. 90-8-7-1. CONFIRMING 1990-91 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1990-91 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES The total assessment to be collected by the County totals $458,552.93. 12. RESOLUTION - INTENT TO VACATE SHAMROCK LAND, GLENARIFF LANE, AND CONNEMARA DRIVE (AVENIDA PESCADOR TO GLENARIFF LANE) (820.40) As set forth in the Report dated August 7, 1990, from the Interim Director of Engineering and Building Services, the following Resolution was adopted declaring the City's intent to vacate Shamrock Lane, Glenariff Lane, and Connemara Drive from Avenida Pescador to Glenariff Lane: RESOLUTION NO. 90-8-7-2, 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) WITHIN A PORTION OF TRACT 9784 AND RESCINDING RESOLUTION NO. 90-7-17-11 The Resolution set the public hearing date for August 21, 1990, at 7:00 p.m. in the Council Chamber. The vacation will facilitate the installation of a gate - guarded facility in the Connemara II development, as reques- ted by the Connemara II Property Owners Association. 13. CORRECTION OF MINUTES - JUNE 19 1990 (COMMUNITY REDEVELOP- MENT AGENCY MEETING) (100.45) As set forth in the Report dated August 7, 1990, from the City Clerk, the amendment to the Minutes of the June 19, 1990, Community Redevelopment Agency meeting was approved as -5- 8/7/90 follows: the last sentence of the second paragraph on Page 3 was amended to read, "He stated the proposed realignment of Ortega Highway was premature and the group did not want to jeopardize the possibility of state and federal recogni- tion for the historic park." 14. FIVE-YEAR LAW ENFORCEMENT AGREEMENT WITH ORANGE COUNTY SHERIFF'S DEPARTMENT (600.50) As set forth in the Report dated August 7, 1990, from the Assistant City Manager, the Five -Year Agreement between the City and the Orange County Sheriff's Department was approved. The cost of services for the period of July 1, 1990, through June 30, 1991, is $2,195,517. PUBLIC HEARINGS 1. PROPOSED SUBDIVISION OF 9.093 ACRES INTO THREE RESIDENTIAL LOTS, 31431 PASEO CHRISTINA - TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) (420.70) Proposal: Consideration of a request to subdivide a 9.093 -acre site into three residential parcels located at 31431 Paseo Christina in the Large Estate District. This hearing was continued from the meeting of July 17, 1990, so as to allow the applicant to communicate with staff regarding the participation requirement and the agreement between Mr. Diffley and the City. Applicant/ Property Owner: Dr. Stanley Stanbridge 31431 Paseo Christina San Juan Capistrano, CA 92675 Applicant's Representative: Mr. Craig White 1671 Westcliff Drive Suite 100 Newport Beach, CA 92660 Written Communication: Report dated August 7, 1990, from the Director of Planning Services, 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. After further investigation of road improvement conditions placed on adjacent property owners since the meeting of July 17, 1990, staff again forwarded a recommendation of approval. Councilman Friess left the Council Chamber due to a conflict of interest. Lynn Dosheery, Land Use Manager, made an oral presentation and added the following condition to the proposed Resolution: -6- 8/7/90 191 Condition 4.e. - The subdivider shall install landscaping shown on the approved landscape plan, in accordance with a schedule to be specified in a subdivision improvement agreement. Such agree- ment shall be approved concurrently with the final map. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer reopened the Public Hearing, and the following persons responded: (1) Craig Allen of White Real Estate, representing the applicant, expressed opposition to the City's require- ment that Dr. Stanbridge participate in the improvements to San Juan Creek Road because of the value of the applicant's dedicated land, the exception given to Mr. Diffley for his dedication of land, and the negli- gible increase in traffic resulting from the applicant's development. (2) Dr. Stanley Stanbridge, applicant, offered a compromise to share in the expenses for the road improvements and requested assistance from the City regarding the quitclaim of the easement through his property. Mr. Julian noted that the quitclaim deeds were processed at the time the Dividend property was developed. There being no further input, the hearing was declared closed with the right to reopen at any time. Certification of Neaative Declaration and Approval of Tentative Parcel Map 88-396: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted as amended to include Condition 4.e., certifying the Negative Declara- tion and approving Tentative Parcel Map 88-396: RESOLUTION NO. 90-8-7-3. APPROVING TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) The motion carried by the following vote: -7- 8/7/90 192 AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Friess ABSENT: None The motion also directed staff to offer the same quitclaim assistance to Dr. Stanbridge that was provided by the City with regard to the Keele/Freeman property. If the assistance is monetary in nature, the item is to be brought back for City Council review. Councilman Friess returned to the Council Chamber. 2. ASSESSMENT OF CHARGES - 1990 WEED ABATEMENT PROGRAM (540.70) Proposal: Consideration of charges for the City's 1990 Weed Abatement Program, which provides weed abatement services to property owners at a reasonable cost. Written Communications: (1) Report dated August 7, 1990, from the Director of Public Lands and Facilities, summarizing the program, process of notification, the public input process, and contract costs (2) Letter dated August 6, 1990, from Johan and Karen Monsen, owners of property located at 31312 Andres Pico Road, protesting their weed abatement assessment (3) Letter dated August 4, 1990, from Claire Read, 27444 Ortega Highway, regarding her desire to speak at the hearing (4) Letter from David and Diane Tolbert, requesting that the City inform them of weed abatement services prior to the work being performed. Mr. Sievers made an oral presentation and reported on the resolution of the four letters received by property owners. 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. -8- 8/7/90 193 Confirmation of Cost Report and Authorization of Weed Abatement Charges: It was moved by Councilman Schwartze, seconded by Councilman Friess, that the following Resolution be adopted confirming the cost report and authorizing the weed abatement charges assessed to individual properties for 1990: RESOLUTION NO. 90-8-7-4, CONFIRMING COST REPORT - 1990 WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1990 WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None Mr. Sievers noted that the City will be utilizing a computer program with the County Assessor's Office which will update the City on each weed abatement change on a monthly basis. RECESS AND RECONVENE Council recessed at 7:33 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:50 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. RESOLUTION AMENDING THE ORGANIZATIONAL STAFFING PLAN (700.20) Written Communication: Report dated August 7, 1990, from the Assistant City Manager, recommending the creation of an Administrative Assistant position for the Departments of Planning, Public Facilities, and Community Services. The Administrative Assistants will act as generalist staff assistants to coordinate administra- tive functions within and between departments and provide liaison services to the community. Mr. Julian noted that the positions are a reclassification for current employees and will not necessitate hiring additional personnel. -9- 8/7/90 194 Creation of Administrative Assistant Position: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted creating the position of Administrative Assistant: RESOLUTION NO. 90-8-7-5, AMENDING CLASSIFICATION AND COMPENSATION PLAN - CREATING ADMINISTRATIVE ASSISTANT CLASSIFICATION - 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 (CREATING ADMINISTRATIVE ASSISTANT CLASSIFICATION) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None The motion authorized the creation of three new Administra- tive Assistant positions, eliminating one Administrative Secretary II position in the Community Services Department, and approving the reclassification of one Senior Management Assistant position to that of Management Assistant I. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CLASSIFIED EMPLOYEES' ASSOCIATION FOR THE 1990-91 FISCAL YEAR (730.30) Written Communication: Report dated August 7, 1990, from the Assistant City Manager, forwarding the Memorandum of Understanding for a one-year contract with the Classified Employees. The contract provides for a 5% cost -of -living increase, expansion of the dental insurance coverage, and the development of an employee wellness program. Approval of Memorandum of Understanding: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the Memorandum of _ Understanding between the City and the San Juan Capistrano Classified Employees Association be approved for the period of July 1, 1990, through June 30, 1991. -10- 8/7/90 195 CITY ATTORNEY 1. RESOLUTION AFFIRMING PLANNING COMMISSION DECISION - SIGN PROGRAM ARCHITECTURAL CONTROL 88-8 (JOHNSON/YU) (410.60) Written Communication: Report dated August 7, 1990, from the City Attorney, forward- ing a revised Resolution which makes legally required findings in upholding the Planning Commission's determination in this matter, as affirmed by the City Council on July 17, 1990. Affirmation of Planning Commission Action: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted: RESOLUTION NO. 90-8-7-6, AFFIRMING PLANNING COMMISSION ACTION OF MAY 22, 1990, AND REPEALING RESOLUTION NO. 90-7-17-8 - SIGN APPEAL, ARCHITEC- TURAL CONTROL 88-8 (JOHNSON/YU) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRA- NO, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION ACTION OF MAY 22, 1990, REGARDING CONDITIONS 2A AND 2F AND MODIFYING CONDITION 2C OF THE PLANNING COMMISSION RESOLUTION 90-5-22-2 (JOHNSON/YU) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Friess and Schwartze ABSENT: None Councilmen Friess and Schwartze abstained due to their absence at the July 17, 1990, Council meeting. 2. RESOLUTION AFFIRMING PLANNING COMMISSION DECISION - SIGN PROGRAM, ARCHITECTURAL CONTROL 89-9 (DOLLEY) 1410.601 Written Communication: Report dated August 7, 1990, from the City Attorney, forward- ing a revised Resolution which makes legally required findings in upholding the Planning Commission's determination in this matter, as affirmed by the City Council on July 17, 1990. -11- 8/7/90 Affirmation of Planning Commission Action: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 90-8-7-7, AFFIRMING PLANNING COMMISSION ACTION OF MAY 22, 1990, AND REPEALING RESOLUTION NO. 90-7-17-7 - SIGN APPEAL, ARCHITEC- TURAL CONTROL 88-9 (DOLLEY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION ACTION OF MAY 22, 1990, REGARDING CONDITIONS NO. 7B, 7C, AND 8C OF PLANNING COMMISSION RESOLUTION 90-5-22-3, AND REPEALING CITY COUNCIL RESOLUTION NO. 90-7-17-7 (ARCHITECTURAL CONTROL 88-9, DOLLEY) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Friess and Schwartze i�=b7�l�Y��C.3Ta Councilmen Friess and Schwartze abstained due to their absence at the July 17, 1990, Council meeting. DIRECTOR OF ADMINISTRATIVE SERVICES RESOLUTION OF AWARD - GENERAL OBLIGATION OPEN SPACE BONDS (340.20) Written Communication: Report dated August 7, 1990, from the Director of Administra- tive Services, forwarding an awarding Resolution for the $4,995,000 1990 General Obligation Open Space Bonds prepared by the firm of Stradling, Yocca, Carlson and Rauth. Mr. Bentz reported that the lowest bid received was from the Bank of America. Mr. Mike McNamara of Fieldman, Rolapp & Associates stated that the City received a 6.86% coupon for the bonds due to its high AA rating, thus resulting in lower taxes to the citizens than originally anticipated. Award of Bid: It was moved by Mayor Hausdorfer, seconded by Councilman Schwartze, that the following Resolution be adopted: -12- 8/7/90 197 RESOLUTION NO 90-8-7-8. AWARDING SERIES 1990 GENERAL OBLIGATION BONDS (OPEN SPACE PROGRAM) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AWARDING SERIES 1990 GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF $4,995,000 TO THE BEST BIDDER AND REJECTING ALL OTHER BIDS, RATIFYING ALL ACTIONS OF THE STAFF HERETOFORE TAKEN, AND AMENDING RESOLUTION NO. 90-6-19-7 TO DESIGNATE THE LOCATION OF THE PAYING AGENT The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None 2. AMENDMENT TO THE $6.000.000 BOND ANTICIPATION NOTE OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (340.30) written Communication: Report dated August 7, 1990, from the Director of Administra- tive Services, forwarding a proposed amendment to the City's Bond Anticipation Note in the amount of $6,000,000. The amendment would change the due date from a date certain to a due on demand and increase the amount of the note to $9,540,378 in order to provide funding for the Capistrano Valley High School gymnasium. Approval of Amendment: It was moved by Councilman Friess, seconded by Director Schwartze, and unanimously carried that the amendment to the Bond Anticipation Note be approved. The Mayor and the Agency's Executive Director were authorized to execute the required documents. DIRECTOR OF PLANNING SERVICES 1. HISTORIC DEPICTION PROGRAM - ARCHITECTURAL CONTROL 88-8 (JOHNSON/YU) (610.30) Written Communication: Report dated August 7, 1990, from the Director of Planning Services, forwarding the H`.storic Depiction Program for a new rommercial retail center located at the terminus of Paseo Mercado de Capistrano. The proposal consists of a ceramic tile mural depicting scenes from the community's cultural past and was approved by the Planning Commission, Cultural -13- 8/7/90 Arts and Heritage Commission, and the Architectural Board of Review. An example of the proposed mural was on display. Approval of Historic Depiction Program: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that the Historic Depiction Program for AC 88-8 be approved, subject to the following conditions: (1) The mural shall be installed into the center within three months of the approval of the Historic Depiction Program by the City Council; (2) Cliff swallows shall be shown in the mural; and (3) The correct location of the Great Stone Church shall be verified. 2. INITIATION OF AMENDMENTS TO THE MUNICIPAL CODE - ESTABLISH- MENT OF EXTERIOR LIGHTING STANDARDS FOR NON-RESIDENTIAL PROJECTS; REVISION TO HOME OCCUPATION PERFORMANCE STANDARDS; DEVELOPMENT OF VEGETATIVE FUEL MODIFICATION PROGRAM; AND MINOR CLARIFYING AMENDMENTS (460.30/420.30) Written Communication: Report dated August 7, 1990, from the Director of Planning Services, recommending several amendments to the Municipal Code. Formal Initiation of Amendments: It was moved by Councilman Bland, seconded by Councilman Schwartze, and unanimously carried that formal consideration be initiated for proposed amendments to the Municipal Code for the following: (1) Exterior lighting standards for non-residential pro- jects; (2) Revision to home occupation performance standards; (3) Development of a vegetative fuel modification program (which would require new developments to provide fuel modification zones adjacent to grassland areas as a fire protective measure from possible wildland fires); and (4) Minor miscellaneous amendments to assist in clarifica- tion of existing standards. -14- 8/7/90 196" DIRECTOR OF COMMUNITY SERVICES CONSULTANT SERVICES AGREEMENT FOR COMMUNITY SERVICES QUAR- TERLY RECREATION BROCHURE (COMMUNITY PUBLICATIONS NETWORK) (600.30) Written Communication: Report dated August 7, 1990, from the Director of Community Services, recommending that the City enter into a three-year contract with Community Publications Network for the publish- ing of the Community Services Quarterly Recreation Brochure, at a cost of $3,200 per quarter for fiscal year 1990-91. Mr. Baker noted that the City's brochure had previously won an award for excellence in the State of California. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the Agreement for Brochure Services be approved for a three-year period in the amount of $38,400. ORDINANCE APPROVING REZONE 90-1 (CAPISTRANO BUSINESS CENTER/ SELIGMAN) (ADOPTION) (460.20/460.70) Written Communication: Report dated August 7, 1990, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 17, 1990, and was scheduled for adoption. Adoption of Ordinance Approving 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 the following Ordinance be adopted: ORDINANCE NO. 671 APPROVING REZONE 90-1 (CAPISTRANO BUSINESS CENTERISELIGMAN) - 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: -15- 8/7/90 AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer f�[a]*��0 1T -- ABSTAIN: Councilmen Friess and Schwartze ABSENT: None Councilmen Friess and Schwartze abstained due to their absence at the July 17, 1990, Council meeting. COUNCILMANIC ITEMS APPOINTMENT TO COMMISSIONS/COMMITTEES (110.20 Written Communication: Report dated August 7, 1990, from the Council Services Manager, reporting that no new applications had been received for advertised vacancies on the Mobile Home Park Review Committee, Economic Development Commission, Los Rios Review Committee, and the Planning Commission. Economic Development Commission: Council directed that appointments to Commission be tabled. Los Rios Review Committee: Mr. Julian noted the lack of applications for the Los Rios Review Committee. Applications will continue to be received, and citizens were urged to apply for the vacancy, which requires residency or property ownership in the Los Rios District. Mobile Home Park Review Committee: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that Francis Tipton be appointed to the vacancy on the Mobile Home Park Review Committee. Planning Commission: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that Diane Bathgate be appointed to the vacancy on the Planning Commission. -16- 8/7/90 201 ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY, PLANNING COMMISSION (MARY JANE FORSTER) (110.20) Written Communication: Report dated August 7, 1990, from the Council Services Manager, forwarding the letter of resignation. Acceptance of Resignation/Declaration of Vacancy: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried to accept the resignation of Mary Jane Forster from the Planning Commission and to declare the position vacant. Staff was directed to prepare appropri- ate documents to commend Ms. Forster for her community service. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position. 3. ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority (1040.60) Councilman Buchheim noted the meeting scheduled for August 9, 1990. b. San Juan Basin Authority (1050.60) Councilman Buchheim noted that the agency was in the process of formulating and finalizing the agreement among the four -member agencies; that the basin was being evaluated for its holding capacity, well exploration, and drilling; and that funding assistance was being investigated. The County expressed interest in a dam project for flood control. C. League of California Cities (140.20 Councilman Schwartze noted his attendance at the National Conference of Mayors and emphasized the discussions held regarding recycling. d. Integrated Waste Management Commission (810.10 Councilman Bland noted the meeting scheduled for August 8, 1990. He discussed that negotiations were continuing with the County regarding the relocation of Solag Disposal to the Prima Descheca site and that alternative sites were being discussed. -17- 8/7/90 202 COUNCIL COMMENTS 1. RECOGNITION OF CITY RESIDENTS (610.401 Councilman Friess noted the article which appeared in the - August 7, 1990, edition of The Los Angeles Times regarding bike racer Jim Penseyres, a City resident, and it was the consensus of Council that recognitions be prepared for Mr. Penseyres and Indy car racers Roberto Guerrero and Dick Simon, who are also City residents. 2. WATER CONSERVATION (1050.90) Councilman Friess noted that the Water District's voluntary goal of 10% reduction has almost been met and commended the citizens for their efforts. 3. DREADNAUGHT REUNION PARADE - JULY 28. 1990 (580.50) Councilman Buchheim noted his attendance at the barbecue for Veterans of the American Legion and suggested that a letter be written for the Mayor's signature commending Pat Forster for his work on the event. CLOSED SESSION Council recessed to a Closed Session at 9:41 p.m. for discussion of legal and property acquisition matters regarding the Kinoshita property, the City Clerk being excused therefrom, and reconvened at 9:15 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:15 p.m. to the next regular meeting date of Tuesday, August 21, 1990, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYLJOHYSON, CITY CLERK ATTEST: -18- 8/7/90