90-0605_CC_Minutes_Regular Meeting107
JUNE 5, 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 Pro Tem Bland at 7:02 p.m., in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag. Invocation was given by Mayor pro tem
Bland.
ROLL CALL PRESENT: Anthony L. Bland, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Gary L. Hausdorfer, Mayor
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; William D. Murphy, Interim Director of Public Works;
Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker,
Interim Director of Community Services; Cheryl Johnson, Deputy City Clerk.
MINUTES
Regular Meeting of May 15, 1990:
The Minutes of the Regular Meeting of May 15, 1990, will be presented for approval on
June 19, 1990.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Hausdorfer
PRESENTATIONS AND COMMENDATIONS
OF ECONOMIC DEVELOPMENT COMMISSION MEMBER
Written Communications
Report dated June 5, 1990, from the Council Services Manager, noting that Margaret
Cogdell served on the Economic Development Commission for two years and Nancy
Ferruzzo served on the Architectural Board of Review for six years. Plaques were
prepared recognizing their service to the City.
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Presentation of Plaques:
Margaret Cogdell and Nancy Ferruzzo were present to receive and plaques from
Mayor pro tem Bland.
ORAL COMMUNICATIONS
1. RESIGNATION OF PLANNING COMMISSIONER CAROLYN NASH (110.20)
The following persons addressed Council relative to the June 4th resignation of
Planning Commissioner Carolyn Nash:
(1) Roy Byrnes, 30500 Hilltop Way, presented a letter dated June 6, 1990 and
expressing sadness at her resignation and concurrence with her stated reasons
for resigning.
(2) Mark Clancey, representing Friends of Historic San Juan, P. O. Box 639, San
Juan Capistrano, presented a letter dated June 5, 1990. He also cited
concurrence with Mrs. Nash's reasons for resigning from the Planning
Commission.
2. PARKING AND TRAFFIC CONCERNS (590
Joan Scarantino, 27441 Ortega Highway, noted concerns with increasing traffic;
questioned loss of Amtrak parking at the Depot; and was advised that in addition to
widening the Trabuco Creek Bridge, the La Novia Bridge was also scheduled for
widening.
3. RIDGELINE PRESERVATION (MAURER) (420.40)
Claire Reed, 27444 Ortega Highway, suggested that the Maurer property located off
Ortega Highway behind Belford Terrace be purchased and turned into a park.
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, Friess, Buchheim
and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Hausdorfer
APPROVAL OF WARRANTS (300.30)
The List of Demands dated May 17, 1990, in the total amount of $537,816.70, was
approved as submitted.
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2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated June 5, 1990, from the Secretary of the Architectural Board of
Review, regarding actions taken at the meeting of May 16, 1990, was ordered
received and filed.
3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (9!0.60)
The Report dated June 5, 1990, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of May 22, 1990, was
ordered received and filed.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated June 5, 1990, from the Secretary of the Equestrian Commission,
regarding actions taken at the meeting of May 14, 1990, was ordered received and
filed.
5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated June 5, 1990, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of May 21, 1990, was ordered
received and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS
The Report dated June 5, 1990, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of May 22, 1990, was ordered received and
f iled.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
The Report dated June 5, 1990, from the Secretary of the Traffic and Transportation
Commission, regarding actions taken at the meetings of April 11, April 25, May 9,
and May 23, 1990, was ordered received and filed.
8. EXTENSION OF CONTRACTS - LANDSCAPE MAINTENA
As set forth in the report dated June 5, 1990, from the Director of Public Works, the
following landscape maintenance contracts with BotaCo, Inc., were approved for a
one-year period beginning July 1, 1990, and ending June 30, 1991:
City Parks at $92,846.25;
City Parkways at $86,184.00;
City Facilities at $14,490.00;
Landscape Maintenance Districts, Tracts 7673, 8485, 9382, 9284 and
9373/7654 at $32,129.87; and,
Landscape Maintenance District No. 1 at $7,560.00.
Funds were budgeted in Public Works Account 01-6213-4440 for the City Parks,
Parkways and Facilities, and in Public Works Account 07-6213-4440 for the
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Districts. District expenses will be recovered by annual tax roll assessments. The
Mayor and City Clerk were authorized to execute the contracts on behalf of the
City.
9. ACCEPTANCE OF STREET EASEMENT, ARCHITECTURAL_ CONTROL 86_
As set forth in the report dated June 5, 1990, from the Director of Public Works, the
following resolution accepting the street easement from Stroscher Properties for
Del Obispo Street adjacent to Plaza Del Obispo was adopted:
RESOLUTION NO. 90-6-5-1, ACCEPTANCE OF STREET
EASEMENT PLAZA DEL OBISPO ARCHITECTURAL CONTROL
86-5, STROSCHER - RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING STREET EASEMENT FOR DEL OBISPO STREET
ADJACENT TO PLAZA DEL OBISPO (ARCHITECTURAL CONTROL
86-5, STROSCHER)
The City Clerk was directed to forward the easement to the Orange
County Recorder's Office.
PUBLIC HEARINGS
1. PROPOSED GENERAL PLAN AMENDMENT 90-4 A
This Public Hearing was continued from the meeting of May 15, 1990.
Written Communications:
Report dated June 5, 1990, from the Director of Community Planning and
Development, forwarding the applicant's request for a continuance.
Continuation of Public Hearing:
Notice having been as required by law, Mayor pro tem Bland opened the Public
Hearing and there being no response, it was moved by Councilman Buchheim,
seconded by Councilman Schwartze and unanimously carried to continue the Public
Hearing to the meeting of June 19, 1990.
2. AMENDMENT TO TITLE
CODE -
Proposal:
An amendment to the Municipal Code to comply with Assembly Bill 1849 regulations
requiring all local authorities to use the same standard fees and forms developed by
the Department of Transportation.
Written Communications:
Report dated June 5, 1990, from the Director of Public Works.
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3.
III
Public Hearing:
Notice having been given as required by law, Mayor pro tem Bland opened the Public
Hearing and, there being no response, closed the Hearing with the right to re -open at
any time.
Approval of Amended Overload Permit Requirements:
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 Friess that the following Ordinance be
introduced:
V YLRLV(llJ 17LLIIVll1 J - Illy VP 1I NI INt I- Vl- 1I IL t I I I Vl JrXIN
JUAN CAPISTRANO, CALIFORNIA, AMENDING OVERLOAD
VEHICLE PERMIT REQUIREMENTS SET FORTH IN ARTICLE 9
OF TITLE 4 "PUBLIC SAFETY" OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Hausdorfer
The permit application and fee requirements will be effective as of July 1, 1990.
Proposal•
Request for street closures to accommodate the 2nd Battalion, 34th Armor Army
Division Dreadnaught (Vietnam tankers) reunion parade and ceremony on Saturday,
July 28, 1990.
Written Communications:
Report dated June 5, 1990, from the Director of Public Works, forwarding the
proposed parade permit and route.
Public Hearing:
Notice having been given as required by law, Mayor pro tem Bland opened the Public
Hearing and the following person responded:
(1) Joan Scarantino, 27441 Ortega Highway, received clarification relative to
specific streets designated for closure.
There being no further response, Mayor pro tem Bland closed the Hearing with the
right to re -open at any time.
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1-124.
Approval of Temporary Street Closures:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the proposed Dreadnaught reunion parade and
ceremony route and closure of the following streets on Saturday, July 28, 1990,
between approximately 8:00 a.m., and 10:00 a.m.: ,—)
Camino Capistrano between La Zanja Street and Verdugo Street
Acjachema Street just east of Camino Capistrano
Ortega Highway between Camino Capistrano and El Camino Real.
RECESS AND RECONVENE
Council recessed at 7:30 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:35 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVIEW OF FISCAL BUDGET
Written Communications:
Report dated June 5, 1990, from the Assistant City Manager, providing an overview
of the proposed five-year budget and forwarding for approval a proposed budget
calendar.
Approval of Calendar/ Neighborhood Park Project:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried to adopt the following budget calendar:
June 5 - Presentation of City Budget and Capital Improvement Program;
June 12 - Worksession at Dance Hall for presentation of CRA budget
and presentations from community organizations;
June 19 - City Council Budget public hearing;
June 25 - City Council Budget public hearing at Dance Hall and proposed
adoption of 1990-95 budget.
Staff was directed to include in the 1990-91 Capital Improvement Program the
development of a neighborhood park on the City -owned property at Alipaz Street
and Calle Lucana at an estimated cost of $16,000.
CITY CLERK
RESOLU
AL ELECTION -
Written Communications:
Report dated June 5, 1990, from the Acting City Clerk, forwarding a Resolution
calling the General Municipal Election for Tuesday, November 6, 1990, for three
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members of the City Council for a four-year term. The offices are presently
occupied by Councilmen Bland, Hausdorfer and Schwartze.
Calling Election:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
CALLING ELECTION -
177V, VGINGRfiL IM UINI%,Ar,1 LL IIVIN - f RGJVLU I IVIN Vr 1rIC
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 1990, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Hausdorfer
2. RESOLUTION REOUESTING BOARD OF SUPERVISORS TO CONSOLIDATE
Written Communications:
Report dated June 5, 1990, from the Acting City Clerk, forwarding a Resolution
requesting that the Orange County Board of Supervisors consolidate the City's
General Municipal Election with the November 6, 1990, Statewide General Election,
pursuant to requirements of the Elections Code and the City's Ordinance No. 630.
Requesting Consolidation of Election:
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted:
IAV YLIVILJLI\, ./I., JIl\1L W,L1L \ILlVLInIIL LLLl..I IVIN - !l
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6,
1990, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD
ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS
CODE
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor pro tem Bland
NOES: None �)
ABSENT: Mayor Hausdorfer
The Resolution set forth the City's agreement to reimburse the County for
additional costs incurred for the consolidation. The City Clerk was directed to file a
certified copy of the resolution with the Orange County Board of Supervisors and
Registrar of Voters.
3. RESOLUTION ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS -
AV'wCllncn i anon c1 =rrTnhr cnn on
Written Communications:
Report dated June 5, 1990, from the Acting City Clerk, forwarding a Resolution
regulating Candidate's Statements which may be prepared for the November 6th
election.
Approval of Regulations:
It was moved by Councilman Buchheim, seconded by Councilman Friess that each
candidate desiring to have a Candidate's Statement included in the Voter's Pamphlet
shall pay the estimated prorated cost of $350 for English only or $700 for English
and Spanish and that the following Resolution be adopted:
RESOLUTION NO. 90-6-5-4, REGULATING CANDIDATES'
STATFMFNTS - NOVFMRFR. 1990. CFNFRAL MUNICIPAL
L:""I..I IVIV - !1 tom" UiLVIN VI" I I" 11I I \. V"IYI..I" VI" III"
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 1990
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Hausdorfer
The Resolution provides for a Candidates' Statement containing the name, age and
occupation of the candidate and a brief description of no more than 200 words of the
candidate's education and qualifications; and, for payment by the candidate of the
estimated prorata cost of printing, handling, translating and mailing the
statements.
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. AMENDMENT TO MASTER CONSULTANT SERVICES AGREEMENT -
Written Communications:
Report dated June 5, 1990, from the Director of Community Planning and
Development, forwarding agreements with three consulting firms to assist the Land
Use Division in the review of various development applications.
Councilman Schwartze requested that approval of the agreement with SWA Group be
held over to the meeting of June 19, 1990.
Approval of Agreements:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve agreements in amounts not to exceed $50,000 each
for a one-year period ending June 4, 1991, with Lawrence and Associates and Urban
Design Studio. The Mayor and City Clerk were authorized to execute the
agreements on behalf of the City.
2. INITIATION OF GENERAL PLAN AMENDMENT 90-7 ORTEGA HIGHWAY
AT LA NOVIA(STEVE NS/SC HENK) 440.25
Proposal:
Consideration of a change in land use designations for two adjoining properties
located on the north side of Ortega Highway at La Novia. The present zoning is 1.2
Low Density Residential. Surrounding uses include low- and medium -residential to
the north; medium-high residential and public instructional to the south; low density
residential to the east and professional office use to the west.
Written Communications:
Report dated June 6, 1990, from the Director of Community Planning and
Development, forwarding petitions received from Carl Schenk and Roy Stevens,
owners of the two adjoining properties.
The Planning Manager made an oral report, noting that the initiation was for study
purposes only and would provide a forum for public input.
Joan Scarantino, 27441 Ortega Highway, was received clarification regarding the
intent of the proposed initiation of a general plan amendment.
Initiation of Amendment Process:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
carried with Councilman Friess voting in the negative, to initiate the amendment
process, noting that this action shall not be construed as indicating an intent to
either approve or disapprove the proposed amendment.
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DIRECTOR OF PUBLIC WORKS
PORT - RECYCLING ISSUES/SOLID WASTE MA
Written Communications:
Report dated June 5, 1990, from the Director of Public Works, setting forth the
City's efforts to comply with Assembly Bill 939. The report notes that Phase I will
begin when the City initiates a 3 -bin approach to recycling. The program will
incorporate approximately 1,000 curbside participants in San Juan Capistrano, Dana
Point and San Clemente and 2,000 residents in the County. Solag will provide bins
and trucks for collection; each resident will receive 3 bins and instructions to place
recyclables in the appropriate container. Collection of recyclables will occur on
regular trash pick-up day by a special truck designed to accommodate recycling
material. The material will then be transported to a buy-back center in Lake
Forest.
The Director of Public Works made an oral report. In response to Councilman
Friess, Mr. Murphy advised that further study would be given to phasing of the cost.
With the concurrence of Council, Mayor pro tem Bland ordered the report received
and filed.
2. APPROVAL OF COO
Written Communications:
Report dated June 5, 1990, from the Director of Public
agreement with the County for construction of the Stonehill
project cost was estimated at $11,534,000, with the City's
$2.3 million.
RIVE
Works, forwarding an
Drive Extension. Total
obligation estimated at
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried to approve the Cooperation Agreement No. D89-343, for the
extension of Stonehill Drive from Seaside Drive to Camino Capistrano, including
bridges across San Juan Creek Channel and the AT&SF railway. The Mayor and City
Clerk were authorized to execute the agreements on behalf of the City.
3. APPROVAL OF
OF TREATMENT CAPACITY
Written Communications:
Report dated June 5, 1990, from the Director of Public Works forwarding an
agreement with the Moulton Niguel Water District for the acquisition of two million
gallons of sanitary capacity now available at the SERRA Treatment Plant due to
Moulton Niguel's construction of a planted in the vicinity of I-5 and Oso Parkway.
The agreement requires the City to pay its equivalent share of construction costs of
Moulton Niguel Water District's 3A Plant estimated at $8,130,592.
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Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried to approve the Agreement between Moulton Niguel Water
District and the City for Assignment of Treatment Capacity in the South East
Regional Reclamation Authority Treatment Plant. The Mayor and City, Clerk were
authorized to execute the agreements on behalf of the City.
ORDINANCES
1. AMENDMENTS TO THE MUNICIPAL CODE ADDING CHURCHES,
NONPROFIT ORGANIZATIONS AND OFF-SITE PARKING FACILITIES AS A
TEMPORARY USE ADOPTION 420.30_
Written Communications:
Report dated June 5, 1990, from the City Clerk, advising that the Ordinance was
introduced at the meeting of May 15, 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
Schwartze, seconded by Councilman Buchheim that the following Ordinance be
adopted:
9-2.312. 9-
1 CMI'VRARI UDC3 AIVU 31 Ru�_i URC3 - AIV VRUIIV AIVVL Vr
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 9-2.312, 9-3.608, AND 9-3.623 OF THE
MUNICIPAL CODE WITH REGARD TO PROVISIONS
REGULATING TEMPORARY USES AND STRUCTURES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Hausdorfer
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
Capistrano Valley Wastewater Authority (1040.60):
Councilman Buchheim noted that the Authority had met this date and will be
requested retention of the Capistrano Valley Wastewater.
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South East Regional Reclamation Authority (SERRA) (1040.60):
Councilman Buchheim noted that the Authority had adopted its budget.
San Juan Basin Authority (1050.60):
Councilman Buchheim noted that the Authority had met and adopted its preliminary
budget. He noted receipt and discussion of a report regarding water quality and
Environmental Protection Agency requirements.
San Joaquin Hills Transportation Corridor (800.50):
Councilman Friess noted that the environmental documentation will be available in
the fall.
League of California Cities (140.20):
Councilman Schwartze noted that the new Director of the Immigration and
Naturalization Service will be speaking at an upcoming meeting.
Integrated Waste Management Commission (810.10)
Mayor pro tem Bland advised that the next meeting will be held June 14, 1990.
COUNCIL REMARKS
1. Glendale Federal Non -Potable Water Reservoir (1050
Councilman Friess noted a memo from the Director of Community Planning and
Development and requested that the item be given careful consideration prior to
adoption.
2. SIGN REGULATIONS - CT DISTRICT NEAR MISSION
Councilman Friess requested enforcement of the night lighting in commercial
windows near the Mission.
3. STREET REPAIRS (820.20)
Councilman Bland noted that a recent street repair at Via de Agua and Calle Conejo
was sinking and needed further work.
4. STORM DEBRIS (820.20)
Councilman Bland noted that the recent rain storm had washed dirt and debris onto
City streets and requested special attention to Valle Road at San Juan Creek Road.
5. PLANNING COMMISSION RESIGNATION (ll
Councilman Bland expressed his sadness at the recent resignation of Carolyn Nash.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:27
p.m., to the next meeting date of Tuesday, June 12, 1990, at 7:00 p.m., at the San Juan
Hot Springs Dance Hall.
Respectfully submitted,
GEC GJ SCA"OFDOUGH, ACTiNG CITY CLERK
ATTEST:
GARY L. AUSDORFER, rYOR
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