91-0102_CC_Minutes_Adjourned Regular Meeting347
JANUARY 20 1991
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO,, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California was called to order by Mayor
Friess at 7:10 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
(arrived at 7:25 p.m.)
Gil Jones, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: George Scarborough, Assistant City Manager,
John R. Shaw, City Attorney; Cheryl Johnson, City Clerk; David
Bentz, Director of Administrative Services; William Huber,
Director of Engineering and Building Services; Ronald C. Sievers,
Director of Public Lands and Facilities; Thomas G. Merrell,
Director of Planning Services; Jeffrey Parker, Assistant to the
City Manager; Nancy Bernardi, Recording Secretary.
E-!
Regular Meeting of December 4. 1990:
It was moved by Councilman Buchheim, seconded by Councilman Jones,
that the Minutes of the Regular Meeting of December 4, 1990, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
Adjourned Regular Meeting of December 11, 1990:
It was moved by Councilman Buchheim, seconded by Councilman Jones,
that the Minutes of the Adjourned Regular Meeting of December 11,
1990, be approved as submitted. The motion carried by the
following vote:
-1-
1/2/91
t.
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Jones,
and unanimously carried that all Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
1. PERSONNEL INTRODUCTION (700.10)
Mayor Friess introduced William Huber, the new Director of
Engineering Building and Services.
CONSENT CALENDAR
It was moved by Councilman Buchheim, 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, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
1. APPROVAL OF WARRANTS (300.30)
The Lists of Demands dated November 29 and December 13, 1990,
in the total amounts of $698,764.92 and $322,231.51, respec-
tively, were approved as submitted.
2. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Reports dated January 2, 1991, from the Director of
Planning, regarding actions taken at the meetings of
December 5 and December 18, 1990, were ordered received and
filed.
-2-
1/2/91
3. REPORT OF MOBILE HOME PARK REVIEW COMMITTEE ACTIONS (430.50)
The Report dated January 2, 1991, from the Assistant to the
City Manager, regarding actions taken at the meeting of
December 11, 1990, was ordered received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated January 2, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of December 17, 1990, was ordered received and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated January 2, 1991, from the Director of
Planning, regarding actions taken at the meeting of
December 18, 1990, was ordered received and filed.
6. DENIAL OF CLAIM - BODILY INJURY (JESUS ACEVEDO SILVA)
(170.101
The claim received by the City on December 10, 1990, from
Frank R. Sariol, Attorney at Law, on behalf of Jesus Acevedo
Silva, for an undetermined amount, for battery, negligence,
false imprisonment, and violation of civil rights arising out
of an altercation between Mr. Silva and a Sheriff's Deputy
on November 22, 1990, was denied, as set forth in the report
dated January 2, 1991, from the City Attorney.
7. DENIAL OF CLAIM - BODILY INJURY (JAVIER MAROUINA) (170.10)
The claim received by the City on November 21, 1990, from
Frank R. Sariol, Attorney at Law, on behalf of Javier
Marquina, for an undetermined amount, for bodily injuries and
property damage sustained from an altercation with a Sher-
iff's Deputy on May 26, 1990, was denied, as set forth in the
report dated January 2, 1991, from the City Attorney.
PUBLIC HEARINGS
1.
Proposal:
Consideration of a request for a rezone to allow a sports
medical clinic (Advanced Health and Sport Med Center) as a
principal permitted use within the Ortega Planned Community,
-3-
1/2/91
3.50
located at 27131 Calle Arroyo, Building 1. Surrounding uses
include the San Diego Freeway, Phase I of the Capistrano
Business Center, and designated open space along San Juan
Creek. the General Plan designation is 4.0 Industrial Park;
the property is zoned Planned Community, Comprehensive
Development Plan 78-1. The applicant proposes to operate the
clinic exclusively in conjunction with the adjacent health
club, utilizing its equipment and facilities to provide
rehabilitation and workout programs. Therefore, parking
requirements will be satisfied by parking provided for the
health club.
Applicant:
Mr. Jeff Schrecengost
Advanced Health Sport Med Center
3533 East Chapman, Suite P
Orange, CA 92669
Written Communication:
Report dated January 2, 1991, from the Director of Planning,
advising that the proposed use is compatible with other
planned uses and recommending that the rezone be approved as
a conditional use rather than a principal use because of its
different peak hours of operation and parking demands.
Exhibits were on display, and Dick Bobertz, Interim Land Use
Manager, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following person
responded:
1. Joan Scarantino, 27441 Ortega Highway, inquired about
the parking requirements and was advised that the
parking would be satisfied by the arrangement with the
adjacent health club.
There being no further response, the hearing was declared
closed.
Approval of Negative Declaration:
It was moved by Councilman Buchheim, seconded by Councilman
Vasquez, and unanimously carried that the Negative
Declaration be approved based on the recommendation of the
Environmental Review Board that there is no substantial
evidence that the project will have a significant effect on
the environment.
Approval of Rezone 90-06:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
-4-
1/2/91
351
earlier in the meeting. It was moved by Councilman Buchheim,
seconded by Councilman Jones, that the following Ordinance
be introduced allowing sports medical clinics as
conditionally permitted uses in the Ortega Planned Community,
Planning Sector B-1:
APPROVING REZONE 90-06 (ADVANCED HEALTH SPORTS MED
CENTER/SCHRECENGOST) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE
90-06 TO ESTABLISH SPORTS MEDICAL CLINICS AS A
CONDITIONAL USE IN THE ORTEGA PLANNED COMMUNITY,
COMPREHENSIVE DEVELOPMENT PLAN 78-1, PLANNING
SECTOR B-1 (ADVANCED HEALTH SPORTS MED
CENTER/SCHRECENGOST)
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
RECESS AND RECONVENE
Council recessed at 7:20 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:21 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -
APPROVAL OF 16TH YEAR AGREEMENT (FISCAL YEAR 90-91) (600.50)
Written Communication:
Report dated January 2, 1
Assistant, advising that
in Housing and Community
Year 16, FY 1990-91 for
mobile homes and design
Community Building. The
of the funds.
)91, from the Community Development
the City had been allocated $70,000
Development Block Grant Funds for
the rehabilitation of qualifying
of improvements to the Lacouague
report forwarded contracts for use
Julia Kimminau, Community Development Assistant, made an oral
presentation.
Approval of CDBG Contracts:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that the 16th Year Community
-5-
1/2/91
Development Block Grant Operating Agreements be approved in
the total amount of $70,000 for the rehabilitation of
qualifying mobile homes ($45,000) and design of improvements
to the Lacouague Community Building ($25,000). The Mayor was
authorized to execute the documents on behalf of the City.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. RESOLUTION UITCLAIM OF CITY'S VEHICULAR ACCESS RIGHTS TO
CALLE RICARDO TRACT 9682 LOTS 4 AND 5 - 32061 AND 32062
COOK LANE (670.50)
Written Communication:
Report dated January 2, 1991, from the Director of Engineer-
ing and Building, recommending that the City quitclaim the
dedicated vehicular access rights to Calle Ricardo to the
owners of Lots 4 and 5, Tract 9682, noting that the necessity
to prohibit access no longer exists. The report advised that
the owner of Lot 4 wished to replace the existing fence and
access gate to Calle Ricardo and the quitclaim was necessary
to legally allow the secondary access.
Mr. Huber made an oral presentation.
Approval of ouitclaim:
It was moved by Councilman Jones, seconded by Councilman
Vasquez, that the following Resolution be adopted:
(TEITSWORTH/DECK) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RELINQUISHING THE CITY'S VEHICULAR
ACCESS RIGHTS TO CALLE RICARDO, EXCEPT AT APPROVED
STREET AND DRIVEWAY LOCATIONS TO LOTS 4 & 5 OF
TRACT 9682 (TEITSWORTH/DECK)
The motion carried by the following vote:
AYES: Councilmen Jones, Vasquez,
and Mayor Friess
NOES: None
rq
ABSTAIN: Councilman Buchheim
ABSENT: Councilman Hausdorfer
The Mayor and City Clerk were authorized to execute the
resolution and quitclaim on behalf of the City. The City
-6-
1/2/91
353
Clerk was authorized to forward the quitclaim to the County
Recorder.
Councilman Hausdorfer arrived at 7:25 p.m., after the vote on the
previous item and commenced participation in the following item.
DIRECTOR OF PUBLIC LANDS AND FACILITIES
1. TERMINATION OF BIDDING PROCESS - 1990-91 JANITORIAL SERVICES
CONTRACT (600.30)
Written Communication:
Report dated January 2, 1991, from the Director of Public
Lands and Facilities, advising that due to organization and
facility changes made since the approval of specifications
and authorization to call for bids for the maintenance of
City buildings and facilities, the bidding process has been
cancelled.
With the consensus of Council, Mayor Friess ordered the
Report received and filed.
COUNCILMANIC ITEMS
• • • • • •
Y • : • Y�. i.i • Y� �. 1 1
Written Communication:
Report dated January 2, 1991, from the Council Services
Manager, forwarding the letter of resignation.
Mayor Friess stated that Ms. LaBurn is the longest -term
member of that committee and noted an additional vacancy on
the committee.
Acceptance of Resianation/Declaration of Vacancies:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried to accept the resignation
of Jean LaBurn and to declare the at -large position vacant.
Staff was directed to prepare appropriate documents to
commend Ms. LaBurn for her community service. The City Clerk
was directed to post notices of the vacancy and to advertise
for applications.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaauin Hills Transportation Corridor (800.5
Mayor Friess reported that he had attended an informal
informational meeting with the Board of Directors of the
Village San Juan Homeowners Association to discuss the
-7-
1/2/91
A
potential impacts of the Corridor on the area with
concerned residents. Another informal meeting is
scheduled with the residents for Sunday, January 6, at
4:00 p.m. at the Village San Juan Clubhouse. Exhibits
will be on display at this meeting and additional
printed material will be available. Council members
were encouraged to attend.
Mayor Friess also encouraged public attendance at the
City Council meeting scheduled for Tuesday, January 8,
at 7:00 p.m. at Marco Forster Junior High School, to
obtain public input relative to the adequacy of the
draft EIR. Exhibits will be on display at 6:00 p.m.
Councilman Jones suggested that all information be made
available to the homeowners.
COUNCIL COMMENTS
1. MEMORIAL SERVICE - BOB HILL (610.401
Councilman Buchheim stated that he would represent the City
at the memorial service for Bob Hill, who was associated with
the San Juan Basin Authority and the Capistrano Beach Water
District, on Saturday, January 5, 1991. It was a consensus
of the Council that a condolence note/gift be sent to
Mr. Hill's family on behalf of the City.
2. SAN JOA UIN HILLS TRANSPORTATION CORRIDOR (800.50)
Councilman Vasquez noted an article regarding a request by
the City of Laguna Niguel to delay the certification of the
draft EIR for the San Joaquin Hills Transportation Corridor.
Mayor Friess advised that the proposed delay will be
considered by the Corridor Agency on January 10, 1991.
3. SUPERVISOR RILEY (610.25)
Mayor Friess noted the recent bypass surgery for Supervisor
Riley and stated that the City would send a get -well card.
4. APPOINTMENT TO U.S. SENATE - SEYMOUR (610.25)
Councilman Hausdorfer suggested that the City write a letter
to John Seymour congratulating him on his recent appointment
to U.S. Senator, replacing Pete Wilson.
5. DRUG PARAPHERNALIA (585.20)
Mayor Friess noted receipt of a letter complaining about the
availability of drug paraphernalia at the Paisley Penguin.
-8-
1/2/91
355
Staff was directed to report back to Council regarding the
City's legal position in this matter as landlord.
CLOSED SESSION
Council recessed to a Closed Session at 7:35 p.m. for discussion
of legal and personnel matters, the City Clerk being excused
therefrom, and reconvened at 9:30 p.m.
There being no further business before the Council, the meeting
was adjourned at 9:30 p.m. to Tuesday, January 8, 1991, at 7:00
p.m. at Marco F. Forster Junior High School, 25601 Camino Del
Avion.
Respectfully submitted,
/� �...I. �.� a✓�,/ice
CHERYL V -
N, CITY CLERK
ATTEST:
tt .,
KE ETH E. FRIESS, MAYOR
-9-
1/2/91