90-0403_CC_Minutes_Regular Meeting033
APRIL 3, 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
ABSENT: Phillip R. Schwartze, Councilman
STAFF PRESENT: Stephen B. Julian,
City Attorney; George Scarborough,
Bentz, Director of Administrative
Director of Public Works; Thomas G.
Planning and Development; Thomas L.
Services; Cheryl Johnson, Deputy
Recording Secretary.
MINUTES
City Manager; John R. Shaw,
Assistant City Manager; David
Services; William D. Murphy,
Merrell, Director of Community
Baker, Director of Community
City Clerk; Nancy Bernardi,
Regular Meeting of March 20, 1990:
It was moved by Councilman Buchheim, by Councilman Friess, that
the Minutes of the Regular Meeting of March 20, 1990, be approved
as submitted. The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
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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ORAL COMMIINICATIONS
1.
Gayle Welsh, 26362 Calle Lucana, representing homeowners on -1
the northwest side of Del Obispo Street between Del Obispo
and Alipaz Streets, submitted a petition requesting that a
park be established at the lot located at the corner of Calle
Lucana and Alipaz. She advised that several homeowners had
offered to donate trees and their time to draw up plans for
the park. Ms. Welsh noted the homeowners' concerns relative
to the extension of Alipaz and treatment of the flood control
channel. Mr. Scarborough was directed to contact Ms. Welsh
and staff was encouraged to consider the volunteer offers
made by the homeowners.
2. Destruction of Trees/Proposed Fence (Burke) (410.90)
The following persons spoke in opposition to the destruction
of trees on the Burke property in the Aguacate area and
proposed fencing across the easement to Aguacate Road:
a. Bill Silzle, 31523 Aguacate Road,
b. Charlotte Brown, 31521 Aguacate Road,
C. Carol Heim, 32012 Paseo de Hermosa.
Council also received a letter dated April 3, 1990, from
Dudley V. Brand in opposition to the landscape destruction
and proposed fencing.
Mayor Hausdorfer asked that Mr. Scarborough investigate the
matter and respond to those who expressed concerns.
San Juan Saloon (670.50)
John Timney requested assistance from the City regarding
private legal matters in a dispute involving property at
26755 Verdugo Street. Mayor Hausdorfer stated that the City
was not involved in the matter and that discussions had
already taken place between his wife and the City Manager.
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:
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AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated March 22, 1990, in the total amount
of $556,912.23, was approved as submitted.
2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated April 3, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of March 21, 1990, was ordered received and
filed.
3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(910.60)
The Report dated April 3, 1990, from the Senior Management
Assistant, regarding actions taken at the meeting of
March 27, 1990, was ordered received and filed.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated April 3, 1990, from the Secretary of the
Equestrian Commission, regarding actions taken at the meeting
of March 12, 1990, was ordered received and filed.
5. REPO OF PARKS AND RECREATION COMMISSION ACTIONS (920.20
The Report dated April 3, 1990, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of March 19, 1990, was ordered received and
filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated April 3, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of March 27, 1990, was ordered received and
filed.
7. AWARD OF CONTRACT - TRABUCO CREEK BRIDGE WIDENING AT RANCHO
VIEJO ROAD (R.E. HAZARD CONTRACTING CO.) (600.30)
As set forth in the Report dated April 3, 1990, from the
Director of Public Works, the contract for the construction
of the Trabuco Creek Bridge widening was awarded to R.E.
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Hazard Contracting Co. in the amount of $1,035,839. The
County of Orange will finance up to $1,000,000 for the costs,
and completion of the project is anticipated by February
1991. The Mayor and City Clerk were authorized to execute
the contract on behalf of the City.
8. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS
- CITY VEHICLES (370.30)
As set forth in the Report dated April 3, 1990, from the
Director of Public Works, the specifications were approved
for the replacement of three vehicles and the purchase of one
additional vehicle for the City. Staff was authorized to
call for bids.
9. DENIAL OF CLAIM - PERSONAL INJURY (FRANCES OPELLE) (170.10)
The claim received by the City on February 23, 1990, from
Frances K. Opelle in the amount of $1,360.25 for bodily
injuries sustained from a fall on a sidewalk on the east side
of Del Obispo Street near Del Avion, was denied, as set forth
in the report dated April 3, 1990, from the City Attorney.
PUBLIC BEARINGS
1. APPEAL OF PLANNING COMMISSION CONDITIONS AND PHASING FOR
PROPERTY LOCATED SOUTH OF OSO ROAD WEST OF ATSF RAILROAD AND
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PROPOSED 6 -ACRE RESIDENTIAL PROJECT LOCATED SOUTH OF OSO ROAD
WEST OF ATSF RAILROAD AND EAST OF TRABUCO CREEK - TENTATIVE
Proposal:
Consideration of an appeal of Planning Commission conditions
and phasing and the Tentative Tract Map 14216 for the
Capistrano Valley Tennis Club residential project.
Applicants:
Mr. Cecil R. Bunnell Kenneth B. Black, Jr.
31121 Brooks Interwest Corporation
South Laguna, CA 92677 24843 Del Prado, Suite 125 ^
Dana Point, CA 92629
Written Communications:
1. Report dated April 3, 1990, from the Director of
Community Planning and Development, summarizing the
conditions being appealed, the review of the project by
other commissions, and staff analysis and
recommendation;
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2. Letter dated April 2, 1990, from Albert J. Baumgartner,
26852 Canyon Crest Road, urging completion of the
project.
Exhibits were on display. Mayor Hausdorfer advised that
since the property had not been properly posted, the Public
Hearing would be continued for two week.
Councilman Buchheim advised he would abstain from action on
this item due to a conflict of interest.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response, it
was moved by Councilman Friess, seconded by Councilman Bland,
and unanimously carried that the hearing be continued to the
meeting of April 17, 1990.
RECESS AND RECONVENE
Council recessed at 7:25 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:28 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. STATUS REPORT - LOVE TRACT AGUACATE ROAD EQUESTRIAN EASEMENT
ISSUES (930.40)
Written Communication:
1. Report dated April 3, 1990, from the Assistant to the
City Manager, recommending the vacation of the Aguacate
Lane publicly held easements due to the opposition of
one or more property owners of entering into the
Reciprocal Easement document (as required by the
adoption of Alternative No. 1 in January 1990 by the
City Council), which would provide for full access
rights among the Aguacate Lane owners;
2. Letter dated April 4, 1990, from Gary and Anne Wiles,
voicing their support of Alternative No. 3 and offering
to maintain the trail.
Jeffrey Parker, Assistant to the City Manager, made an oral
presentation.
Mark Dillon, Carlsbad attorney representing Michael Buckley,
26182 Calle Roberto, stated Mr. Buckley's opposition to the
prior City Council decision to vacate the public equestrian
easements and requested additional time in which to investi-
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gate the processing of quitclaim deeds. Mayor Hausdorfer
directed Mr. Parker to contact Mr. Dillon to apprise him of
the latest information regarding this matter and stated that
a noticed public hearing would be held by the City Council
to address all of the quitclaims at the same time for the
vacation of the easement.
Ilse Byrnes, Chairperson of the Equestrian Commission, noted
a memo from the Commission in support of Alternative No. 3.
John Giangardella, 26121 Calle Roberto, spoke in favor of the
staff recommendation on behalf of the residents on Calle
Roberto.
Councilman Buchheim advised he would abstain on this matter
due to a conflict of interest.
Initiation of Vacation Proceedings:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried that the Public Works
Department be directed to take appropriate steps to initiate
the vacation of public easements on Aguacate Lane following
Alternative No. 1, and that the City Council action of
January 17, 1989 be reaffirmed.
2. CONSIDERATION OF INCREASES IN PLANNING AND ZONING APPLICATION
FILING FEES (420.20/460.30)
Written Communication:
Report dated April 3, 1990, from the Assistant City Manager,
recommending that the rates and deposits for planning and
zoning applications be revised from the present hourly fee,
which is based upon a single composite in-house/consultant
hourly rate, to a schedule of rates which reflect the City's
actual costs for each staff position/consultant actually
processing a particular application. The new schedule of
rates would ensure that the City receives full cost recovery
for the processing of both variance and non -variance applica-
tions.
Mr. Scarborough made an oral presentation, noting that
applicants would be reimbursed or assessed if the actual
costs were less or more than expected.
Adoption of Resolution:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolution be adopted:
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RESOLUTION NO 90-4-3-1 AMENDING DEVELOPMENT FEES
FOR PROCESSING DEVELOPMENT PLANS - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRA-
NO, CALIFORNIA, AMENDING RESOLUTION NOS. 83-7-5-1
AND 89-4-4-2 TO AMEND DEVELOPMENT FEES FOR THE
PROCESSING OF DEVELOPMENT PLANS
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
CITY ATTORNEY
Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
None
Councilman Schwartze
1. EMINENT DOMAIN HEARING - WISH EQUESTRIAN EASEMENT MATTERS
(CONTINUED) (670.40)
EMINENT DOMAIN HEARING - MOORE EQUESTRIAN EASEMENT MATTERS
(CONTINUED) (670.40)
Written Communication:
Report dated April 3, 1990, from the City Attorney,
recommending that the hearings be continued for an additional
45 days to allow Tony Foster of the Public Works Department
to coordinate further research into an alternate equestrian
trail alignment, as requested by Messrs. Wish and Moore.
Continuation of Hearings:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the eminent domain
hearings regarding the Wish/Moore equestrian easement matters
be continued to the meeting of May 15, 1990.
DIRECTOR OF PUBLIC WORKS
1. CONSULTING SERVICES AGREEMENT (CONSTRUCTION MANAGEMENT) -
TRABUCO CREEK BRIDGE WIDENING AT RANCHO VIEJO ROAD (DEIST-
BINSFIELD. INC.) (600.30)
Written Communication:
Report dated April 3, 1990, from the Director of Public
Works, recommending the firm of Deist-Binsfield, Inc. for
construction management services for the widening of the
Trabuco Creek Bridge at Rancho Viejo Road. A total of three
bids had been received.
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Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the Agreement for
Consulting Services be awarded to Deist-Binsfield, Inc., in
the amount of $126,544, to manage the contract for widening
the Trabuco Creek Bridge and approaches at Rancho Viejo Road. —
Staff was directed to ensure that appropriate notification
be made of any activity to take place on this project.
LICENSE AGREEMENT TO PLACE TENNIS COURT OVER EXISTING STORM
DRAIN - LOT 1 TRACT 10103 (PETRIK) (600.301
Written Communication:
Report dated April 3, 1990, from the Director of Public
Works, forwarding a License Agreement which would allow Craig
and Jeanne Petrik, 26751 Dominion Way, to construct and
maintain a tennis court over and across a City storm drain
easement which is located on their property.
Approval of License Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that the License Agreement
be approved. The Mayor and City Clerk were authorized to
execute the Agreement, and the City Clerk was authorized to
forward the Agreement to the County Recorder for recordation.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) FOR
URBAN STORMWATER RUNOFF (600.50 )
Written Communication:
Report dated April 3, 1990, from the Director of Public
Works, regarding the City's requirement to apply for a
Stormwater Discharge Permit under the National Pollutant
Discharge Elimination System Program, a federally mandated
program which requires the establishment of a stormwater
management program by municipalities. Staff recommends
coordination with the County as the lead agency through an
Agreement for Implementation, with several cities acting as
co -permittees. Participating cities would pay their fair
share of EMA costs, with an estimated cost to the City of
approximately $24,000 per year, exclusive of City time.
Mr. Murphy made an oral presentation, emphasizing the cost
effectiveness of coordinating efforts with the County. It
was noted that there would be no compensation to the City.
Authorization of Permit:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that:
(1) The City be authorized to be a co -permittee on the
application for the Orange County NPDES permit;
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(2) The Director of Public Works be authorized to sign the
application and permit on behalf of the City;
(3) The Mayor and City Clerk be authorized to execute the
joint Agreement for Implementation of NPDES Permit in
a form to be approved by the City Attorney; and
(4) That a budget be established and $17,500 be transferred
from the General Fund for the cost of the program.
AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - ESTABLISHMENT
OF SPEED LIMITS. CAMINO DEL AVION FROM DEL OBISPO STREET TO
THE WESTERLY CITY LIMITS (ADOPTION) (590.30)
Written Communication:
Report dated April 3, 1990, from the City Clerk, advising
that the Ordinance was introduced at the meeting of March 20,
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 Friess,
seconded by Councilman Buchheim, that the following Ordinance
be adopted:
ORDINANCE NO. 661. 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 AMENDMENT
SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
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COUNCILMANIC ITEMS
1. ACCEPTANCE OF RESIGI
Written Communication:
Report dated April 3, 1989, 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
Nancy Ferruzzo from the Architectural Board of Review and to
declare the position vacant. Staff was directed to prepare
appropriate documents to commend Ms. Ferruzzo for her
community service. The City Clerk was directed to post
notices of the vacancy and to advertise for applications for
appointment to the position in June 1990, after the annual
review of Commission and Board appointments has been held.
2. ENDORSEMENT OF CRIME VICTIMS' INITIATIVE - PROPOSITION 115
ON JUNE 1990 BALLOT (580.20)
Written Communication:
Report dated April 3, 1990, from the Assistant City Manager,
forwarding a Resolution, pursuant to a request from
Mrs. Colleen Campbell, to support the Crime Victims' Justice
Reform Act of 1989.
Mrs. Campbell noted the relation of the proposed Resolution
to Proposition 115 on the June 1990 ballot and urged City
support for victims' rights. Council expressed appreciation
to Mrs. Campbell for her efforts.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO 90-4-3-2, SUPPORTING CRIME VICTIMS'
JUSTICE REFORM ACT OF 1989 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, URGING SUPPORT OF THE CRIME VICTIM'S
JUSTICE REFORM ACT OF 1989 (PROPOSITION 115)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
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3. APPOINTMENT OF ACTING CITY CLERK -L40.10
Written Communication:
Report dated April 3, 1990, from the City Manager,
recommending that Mr. George Scarborough, Assistant City
Manager, be appointed as Acting City Clerk upon the
retirement of Mary Ann Hanover.
Appointment of Acting City Clerk:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that George Scarborough be
appointed as Acting City Clerk.
4. APPOINTMENT OF ACTING DEPUTY CITY TREASURER (740.10)
Written Communication:
Report dated April 3, 1990, from the City Manager, recommend-
ing that George Scarborough, Assistant City Manager, be
appointed as Acting City Treasurer upon the retirement of
Mary Ann Hanover.
Appointment of Acting City Treasurer:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that George Scarborough be
appointed as Acting City Treasurer:
5. ADOPTION OF RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF
CITY FUNDS (320.10)
Written Communication:
Report dated April 3, 1990, from the City Clerk, forwarding
a Resolution authorizing the signature of the newly -appointed
Acting City Clerk upon the retirement of Mary Ann Hanover.
Authorization of Signature and Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following resolution be adopted:
RESOLi1TION NO. 90-4-3-3. DEPOSIT AND INVESTMENT O
CITY FUNS AND_ AUTHORIZING SIGNATURES - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY
TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO
INVEST OR REINVEST CITY FUNDS, AUTHORIZING SIGNA-
TURES AND REPEALING RESOLUTION NO. 90-3-6-6
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6.
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
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ABSENT: Councilman Schwartze
The Resolution authorized the signatures of the Mayor or
Mayor pro tem and the City Treasurer/Director of
Administrative Services or the Deputy City Treasurer on the
City's Bank Accounts.
Written Communication:
Report dated April 3, 1990, from the City Clerk, forwarding
the Resolution authorizing the City Treasurer and Deputy City
Treasurer to deposit or withdraw monies in the Local Agency
Investment Fund.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO 90-4-3-4. INVESTMENT OF CITY MONIES
IN LOCAL AGENCY INVESTMENT FUND - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING INVESTMENT OF
CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND
AND REPEALING RESOLUTION NO. 90-3-6-7
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
7. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted the budget being prepared.
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b. San Juan Basin Authority (1050.60)
Councilman Buchheim stated that an agreement regarding
the use of additional water will be reviewed at the next
meeting.
C. Foothill/Eastern and San Joaquin Hills Transportation
Corridors (800.50)
Councilman Friess noted President Bush's support of toll
roads as a means of financing the construction of new
highways. Mayor Hausdorfer noted the importance of
incorporating a type of rail system in addition to
Amtrak for improving traffic circulation problems. He
felt that possibly the number of lanes and costs could
be reduced with the implementation of new technology.
COUNCIL COMMENTS
1. RECYCLING (810.60)
Mayor Hausdorfer urged public awareness of Assembly Bill 839
requiring cities to provide recycling services to residents,
with the possibility of a tri -city effort to begin a program
in the near future.
2. SAVE OPEN SPACE - MEASURE D (630.20)
Mayor Hausdorfer urged voter participation on the Save Open
Space bond issue, Measure D on the April 10, 1990, ballot.
3. SPEED LIMITS - SAN JUAN CREEK ROAD (590.30)
Councilman Friess requested that staff investigate the
possibility of posting a 35 mph speed limit on San Juan Creek
Road east of the Hidden Mountain area to the Dividend
property.
4. DOWNTOWN MERCHANTS BROCHURE (150.40)
Councilman Friess suggested that staff investigate the
suggestion that the City forgive the $3,000 loaned by the
City to the Downtown Merchants Association for their promo-
tional pamphlets. The City Manager stated the matter would
be placed on the April 17, 1990, agenda.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:10 p.m. to the next regular meeting date of
Tuesday, April 17, 1990, at 7:00 p.m. in the City Council Chamber.
�l
Respectfully submitted, i
G OR E S AR ROUGH, ACTING CTTY CLERK
ATTEST:
ARY L. HAUSDORFER, MA OR
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