90-0320_CC_Minutes_Regular Meeting021
MARCH 20, 1990
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JOAN 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
7:06 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Robert
Schwenk of the Community Presbyterian 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; Mary Ann Hanover,
City Clerk; John R. Shaw, City Attorney; George Scarborough,
Assistant City Manager; David Bentz, Director of Administrative
Services; William D. Murphy, Director of Public Works; Thomas G.
Merrell, Director of Community Planning and Development; Thomas
L. Baker, Director of Community Services; Nancy Bernardi,
Recording Secretary.
MINUTES
Regular Meeting of March 6, 1990:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the Minutes of the Regular Meeting of March 6, 1990,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Friess
NOES: None
ABSTAIN: Mayor Hausdorfer
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried that all Ordinances be read by
title only.
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PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF PHOTOS BY ORANGE COUNTY SHERIFF'S DEPARTMENT
(580.10)
Assistant Sheriff Dennis LaDucer and Lt. Dan Martini
presented the Council with copies of photographs from a
recent photo session with the City Council and personnel from
the Orange County Sheriff's Department, in honor of the 29 -
year relationship between the City and the Sheriff's ,1
Department. Mayor Hausdorfer expressed the City's apprecia-
tion for the services performed by the Sheriff's Department.
2. PROCLAMATION DESIGNATING APRIL 22 THROUGH 28, 1990, AS
"NATIONAL VICTIMS' RIGHTS" WEEK (610.40)
Written Communication:
Report dated March 20, 1990, from the City Clerk, forwarding
the Proclamation.
After the Proclamation was read in full by Mayor Hausdorfer,
the Council, by unanimous consent, proclaimed April 22
through 28, 1990, as Victims' Rights Week and directed the
City Clerk to forward the Proclamation to the Community
Services Program, Victim/Witness Assistance Program. Mayor
Hausdorfer noted Colleen Campbell's involvement with the
program and urged citizen involvement and sensitivity with
those who are victims of crimes.
3. PROCLAMATION DESIGNATING APRIL 1990 AS "EARTHQUAKE PREPARED-
NESS" MONTH (610.40)
Written Communication:
Report dated March 20, 1990, from the Director of Public
Works, forwarding the Proclamation.
The Council, by unanimous consent, proclaimed the month of
April 1990 as Earthquake Preparedness Month in participation
with Governor George Dukemejian's Proclamation for same.
Mayor Hausdorfer urged citizens to become involved and
informed about earthquake safety, with information available
at City Hall.
INTRODUCTION OF REGINA MASTROYANNIS (700.10)
Ms. Hanover introduced Regina Mastroyannis, a newly -hired
secretary in the City Clerk's Office.
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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 March 8, 1990, in the total amount
of $269,678.50, was approved as submitted.
2. CITY TREASURER'S REPORT OF _1911 ACT BOND DELINWENCIES
(345.60)
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of February 28, 1990, was approved as
submitted.
3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated March 20, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of March 7, 1990, was ordered received and
filed.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(910.60)
The Report dated March 20, 1990, from the Senior Management
Assistant, regarding actions taken at the meeting of March 6,
1990, was ordered received and filed.
5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated March 20, 1990, from the Director of
' Community Planning and Development, regarding actions taken
at the meeting of March 8, 1990, was ordered received and
filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40
The Report dated March 20, 1990, from the Director of
Community Planning and Development, regarding actions taken
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at the meeting of March 13, 1990, was ordered received and
filed.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated March 20, 1990, from the Director of Public
Works, regarding actions taken at the meetings of January 10,
January 24, February 14, and February 28, 1990, was ordered
received and filed.
8. APPROVAL OF FINAL MAP AND IMPROVEMENT AGREEMENT - TRACT 13721
(ZIGROSSI) (600.30)
As set forth in the Report dated March 20, 1990, from the
Director of Public Works, the Improvement Agreement and Final
Map for Tract 13721 to subdivide approximately 2.5 acres of
land into seven single-family residential lots, was approved,
based on the finding that the Map is in compliance with the
General Plan and with the approved Tentative Map. The Mayor
and City Clerk were authorized to execute the Improvement
Agreement, and the City Clerk was directed to record said
documents.
AWARD OF CONTRACT - HOT SPRINGS DANCE HALL ADDITION (MAC GROUP
DESIGN AND DEVELOPMENT) (600.30)
Raul Escomia, representative from the Center for Contract
Compliance, which monitors public works projects throughout
the County, advised the Council of unresolved co,alaints
regarding the low bidder for the subject project, M " Group
Design and Development, Inc., in that they are p esently
facing charges with the California Department c:. Labor
Standards and Enforcement. The complaints involve -he firm
not paying prevailing work rates on numerous bids that were
awarded. He advised of one case that was still open
involving penalties against the firm and requested that he
be contacted if the City has any questions regarding the
issues concerning this contractor. Mr. Murphy noted that the
contractor has not been judged guilty on any of the com-
plaints as of this date. Mr. Julian stated that the City
investigated the firm through state boards and the City
Attorney and noted that previous work performed by the firm ^
in the City was satisfactory. However, he emphasized that
the City will ensure that prevailing wages will be paid by
the contractor. Mr. Shaw indicated that the City would be
subject to liability if the reasons to reject this firm were
found to be inadequate.
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried that the contract for the
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construction of an additional 300 square feet to the Hot
Springs Dance Hall for the storage of materials and equipment
was awarded to Mac Group Design and Development, Inc. in the
amount of $32,495 be approved, as set forth in the Report
dated March 20, 1990, from the Director of Public Works. A
transfer of $26,500 from the Parks and Recreation Reserve
Account to Project Account 12-6212-4204-132 was approved.
The Mayor and City Clerk were authorized to execute the
contract on behalf of the City.
RESOLUTION TO SUPPORT WASTE MANAGEMENT COMMISSION AS COUNTYWIDE
TASK FORCE - AB 939 (810.10)
In accordance with Assembly Bill 939, the California
Integrated Waste Management Act of 1989, the Report dated
March 20, 1990, from the Director of Public Works, forwarded
a resolution supporting designation of the Waste Management
Commission as the Countywide Task Force to assist with
planning efforts in the development of the Countywide
Integrated Waste Management Plan, to assist individual cities
and the County with the source reduction recycling elements
in each plan, and to assist with the Countywide siting
element.
Adoption of Resolution:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 90-3-20-1. SUPPORTING DESIGNATION
OF WASTE MANAGEMENT COMMISSION AS A COUNTY -WIDE
TASK FORCE - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO
SUPPORT DESIGNATION OF THE WASTE MANAGEMENT
COMMISSION AS THE COUNTY -WIDE TASK FORCE UNDER AB
939, THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT
OF 1989
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Mr. Shaw stated that Councilman Bland was allowed to vote on
this matter even though Mr. Bland is a member of the Task
Force.
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RECESS AND RECONVENE
Council recessed at 7:25 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:30 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. HEALTH BENEFITS FOR RETIREES (720.60)
Written Communication:
Report dated March 20, 1990, from the Assistant City Manager,
summarizing the new retiree health benefits insurance program
by the Executive Committee of the Southern California Joint
Powers Insurance Authority (SCJPIA), which provides the same
medical benefits to City non -disability retirees as active
employees at an affordable price. The program includes a
traditional indemnity option, preferred provider option,
exclusive provide option, and vision benefits.
Approval of Plan and Adoption of Resolution:
Pursuant to a brief oral presentation by Mr. Julian, it was
moved by Councilman Buchheim, seconded by Councilman Bland,
that the Retiree Health Benefit offered through SCJPIA be
approved to provide coverage for one or more retirees, and
that the following Resolution be adopted:
RESOLUTION NO 90-3-20-2. RETIREE HEALTH BENEFIT
PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ELECTING TO
PARTICIPATE IN THE RETIREE HEALTH BENEFIT PLAN OF
THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. REQUEST FOR LOAN (FIESTA ASSOCIATION) (600.30)
Written Communication:
Report dated March 20, 1990, from the Assistant City Manager,
forwarding a request from the San Juan Capistrano Fiesta
Association for a loan in the amount of $3,000 to assist in
meeting their immediate cash flow needs that are required
prior to the Association receiving its revenue from the
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annual Fiesta celebration. The loan is scheduled to be
repaid on or before April 20, 1990.
Anita Adkisson, President of the Fiesta Association, ex-
plained the necessity for requesting the loan.
Approval of Loan:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried that the request from the San
Juan Capistrano Fiesta Association for a loan in the amount
of $3,000 be approved from March 21 until April 20, 1990.
The City Attorney was directed to prepare an appropriate
letter agreement with the Association.
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried to consider the following off -
agenda item.
3. RESOLUTION ESTABLISHING THE OPEN SPACE BOND MASTER PLAN
ADVISORY COMMITTEE
Mr. Julian read in full a Resolution conveying the intent of
the City Council to establish a citizens ad-hoc advisory
committee in the event of the passage of the Open Space Bond
Issue on the April ballot. The establishment of this
committee would ensure broad public participation in the
development of a Master Plan to determine the appropriate use
of land to be purchased by the City. Mr. Julian noted that
the committee's recommendations for the Master Plan would be
forwarded and reviewed by the Planning Commission and the
Parks and Recreation Commission prior to Council considera-
tion.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 20-3-20-3. OPEN SPACE BOND MASTER
PLAN ADVISORY COMMITTEE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING THE OPEN SPACE BOND MASTER
PLAN ADVISORY COMMITTEE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated March 20, 1990, from the Director of Community
Planning and Development advising that five Intent to File
for Development Review applications and two additional minor
applications were received by the City since the last report
of February 20, 1990.
The report was received and filed.
With regard to the Capistrano Business Plaza Associates
application, Councilman Friess requested that adequate public
notice be given to residents in the area prior to the time
the project is reviewed by the Planning Commission.
DIRECTOR OF PUBLIC WORKS
1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - ESTABLISHMENT
OF SPEED LIMITS CAMINO DEL AVION FROM DEL OBISPO STREET TO
THE WESTERLY CITY LIMITS (INTRODUCTION) (590.30)
Written Communication:
Report dated March 20, 1990, from the Director of Public
Works, reporting the staff findings with regard to the
establishment of appropriate speed limits on Camino Las
Ramblas from Avenida Calita to Kinkerry Lane and Camino Del
Avion from Del Obispo Street to the westerly City limits,
pursuant to a request for further investigation at the City
Council meeting of February 20, 1990.
Mr. Murphy noted that the Ordinance would retain the 40 mph
speed limit for Camino Las Ramblas from Avenida Calita to
Kinkerry Lane.
Introduction 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 introduced establishing the speed limit of 40 mph on
Camino Del Avion from Del Obispo Street to the westerly City
limits:
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AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE, TRAFFIC
REGULATIONS - SPEED LIMITS (CAMINO DEL AVION) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMIT
ON CAMINO DEL AVION FROM DEL OBISPO STREET TO THE
WEST CITY LIMITS BY AMENDING SECTION 4-6.501,
ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. AUTHORIZATION FOR SB 821 GRANT FUNDS - RANCHO VIEJO ROAD/
BIKEWAY AND EQUESTRIAN BRIDGE (840.20)
Written Communication:
Report dated March 20, 1990, from the Director of Public
Works, recommending two projects for consideration by the
Orange County Transportation Commission for SB 821 regional
Grant Funds, of which $7,120 has been allocated to the City:
construction of the Trabuco Creek Recreational Bridge and
enhancement of existing off-road bike facilities at Rancho
Viejo Road and E1 Camino Park.
Mr. Murphy made an oral presentation, summarizing the recom-
mended projects for consideration.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 90-3-20-4. APPROVING APPLICATION FOR
SENATE BILL 821 FUNDS - RANCHO VIEJO ROAD BIKEWAY
AND EQUESTRIAN BRIDGE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE
AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING
THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN
(RANCHO VIEJO ROAD BIKEWAY AND EQUESTRIAN BRIDGE)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
REVIEW OF NORTHWEST ALIPAZ EXTENSION AND TRABUCO CREEK FLOOD
PROTECTION - INITIATION OF GENERAL PLAN AMENDMENT (440.25)
Written Communication:
Report dated March 20, 1990, from the Director of Public
Works and the Director of Community Planning and Development,
summarizing the results of the November 1989 worksession to
study the development of a 100 -year flood plain concept to
allow the northwest extension of Alipaz. Included in the
Report were new computer traffic projections regarding the
Alipaz extension and accompanying Trabuco Creek flood
protection improvements.
Mr. Murphy made an oral presentation, discussing how flood
protection depends on how the Alipaz extension is handled
through that area, the high costs involved for constructing
flood protection, and the potential impacts from the con-
struction of Stonehill. Staff recommendations include a
General Plan Amendment and a moratorium on all development
applications within the flood protection area until studies
have been completed. Mr. Murphy noted that the cost estimate
comparisons were relative numbers and not absolutes.
Councilman Friess showed a videotape from the California
Department of Commerce illustrating the catastrophic effects
of floods on communities. He noted the dilemma of using land
effectively vs. protecting the people who use it and stated
that costs and potential impacts must be weighed when
considering development along the City's creeks.
Initiation of General Plan Amendment:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and carried with Councilman Buchheim abstaining, that
a General Plan Amendment be initiated, and subsequently
referred to the Planning Commission and Traffic and
Transportation Commission, to consider the following:
(1) Deletion of the northward extension of Alipaz Street as
presently shown on the General Plan.
(2) Alternatives to the presently designated Alipaz exten-
sion, such as construction of a minor non -arterial
extension with no cross -creek connection, connection to
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Oso Road instead of Junipero Serra, or other circulation
alternatives.
(3) Possible changes in land use designations on vacant
property in the affected area for which no development
projects have been approved.
(4) The implications of any General Plan circulation and/or
land use changes on floodplain designations or flood
protection requirements along Trabuco Creek.
Councilman Bland stressed the importance of creative analysis
in the study in addressing flood control issues and traffic
problems because of the limited number of ways to relieve
traffic impacts within the City. Councilman Friess noted
that not enough funds would be generated from development in
the floodplain area to pay for the costs of relieving traffic
or building the infrastructure to protect homes if Alipaz is
extended northward.
Adoption of Urgency 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
Schwartze, seconded by Councilman Friess, that the following
Urgency Ordinance be adopted:
ORDINANCE NO. 660, MORATORIUM ON DEVELOPMENT
APPLICATIONS FOR PROPERTY WITHIN THE ALIPAZ
EXTENSION STUDY AREA (URGENCY) - AN URGENCY
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, IMPOSING A MORATORIUM ON THE PROCESSING
OF DEVELOPMENT APPLICATIONS FOR PROPERTY WITHIN THE
ALIPAZ EXTENSION STUDY IN ACCORDANCE WITH SECTION
65858 OF THE CALIFORNIA GOVERNMENT CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
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COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted the meeting held with Author-
ity directors and Supervisor Riley regarding plans for
composting sludge by the Santa Margarita Wastewater
Authority.
b. League of California Cities (140.20)
Councilman Schwartze noted the upcoming meeting to be
held by the City Selection Committee.
c. Orange County Solid Waste Management Committee (810.10)
Councilman Bland noted a proposal to form an inter -
county agency composed of public and county officials
to deal with recycling on a broader basis. He noted the
immediate mandate for recycling is 25%, which is rapidly
escalating to 50% by the year 2000. Councilman
Schwartze stated that costs may have to be passed on to
the taxpayers because of the expense involved in sorting
the trash. Councilman Buchheim noted that debris,
trees, limbs, etc. may be sorted out and composted with
the sludge. Mr. Julian stated that the City Managers
of Dana Point and San Clemente have held discussions
regarding establishing a tri -city effort to address
these issues as all three cities have one common trash
collector. A proposal will be submitted to Council for
consideration in the future.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:30 p.m. to the next regular meeting date of
Tuesday, April 3, 1990, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
L�Of-
MARY i W • /
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