90-0619_CC_Minutes_Regular Meeting125
JUNE 19, 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 7:00 p.m., in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Daniel
Letzinger, Capistrano Valley Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Anthony L. Bland, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
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, Director of Public Works; Thomas G.
Merrell, Director of Community Planning and Development; Thomas L. Baker, Director
of Community Services; Cheryl Johnson, Deputy City Clerk,
MINUTES
Regular Meeting of May 15, 1990:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
Minutes of the Regular Meeting of May 15, 1990, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
Regular Meeting of June 5, 1990:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of June 5, 1990, be approved as submitted. The motion
carried by the following vote:
AYES:
Councilmen Schwartze, Friess, Buchheim,
and Bland
NOES:
None
ABSTAIN:
Mayor Hausdorfer
ABSENT:
None
-1-
6/19/90
Adjourned Regular Meeting of June 12, 1990:
It was moved by Councilman Buchheim, seconded by Councilman Bland, that the Minutes
of the Adjourned Regular Meeting of June 12, 1990, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland
and Mayor Hausdorfer
NOES: None
ABSTAIN. Councilman Schwartze
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION DESIGNATING JULY, 1990, AS "PARKS
Written Communications:
Report dated June 19, 1990, from the Director of Community Services, forwarding
the Proclamation.
Approval of Proclamation:
Mayor Hausdorfer read the Proclamation in full and with the consensus of Council,
declared the month of July, 1990, as Parks and Recreation Month in the City. Terry
Lowe, Chairman of the Parks and Recreation Commission, was present to receive
the Proclamation.
2. PROCLAMATION COMMENDING WILLIAM D. MURPHY
Written Communications:
Report dated June 19, 1990, from the Assistant City Manager, advising that a
resolution of commendation had been prepared for William D. Murphy, who officially 4
retired on March 31, 1990, after 16 years of City service. Mr. Murphy has continued
to provide interim Director of Public Works consultant services for a period ending
June 22, 1990.
-2-
6/19/90
12,7',
Approval of Commendation:
Mayor Hausdorfer read the commendation in full and with the consensus of Council
presented the commendation plaque to Mr. Murphy.
3. PRESENTATION OF 1990 COMMUNITY PRIDE AWARDS (610.30)
Written Communications:
Report dated June 19, 1990, from the Council Services Manager, advising that the
following businesses had been recommended to receive the Community Pride Award
for 1990:
Commercial The Forster Mansion, owned by Martha Gresham
27181 Ortega Highway
Industrial Micro -Precision Swiss, Inc., owned by Grant Meyers
26401 Calle Rolando
Retail Vermeulen's Center and Ranch, owned by Charles Vermeulen
32382 Del Obispo Street; and
Capistrano Gardens, owned by Charles Johnson,
Leonard Meyers, and Nelson Colvin
32382 Del Obispo Street
Grant Meyers, Richard Gresham, Charles Vermeulen and Charles Johnson were
present and joined Mayor Hausdorfer on the dais to receive the awards.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman Bland, 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
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated June 19, 1990, in the total amount of $348,888.63, was
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of May 31, 1990, in the total amount
of $22,115,378.00, was approved as submitted.
-3-
6/19/90
3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated June 19, 1990, from the Secretary of the Architectural Board of
Review, regarding actions taken at the meeting of June 6, 1990, was ordered
received and filed.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated June 19, 1990, from the Secretary of the Equestrian Commission,
regarding actions taken at the meeting of June 11, 1990, was ordered received and
filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated June 19, 1990, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of June 12, 1990, was ordered received and
filed.
6. AMENDMENT TO EASEMENT RESTRICTIONS - LA SHELLE GRANT DEED
As set forth in the report dated June 19, 1990, from the Director of Community
Planning and Development, the Grant Deed/First Amendment was approved to allow
relocation of access driveways on the La Shelle property located on the easterly
facing slope on the western ridgeline of the City, Parcel 2 of Parcel Map 80-123.
The Mayor was authorized to execute the document on behalf of the City.
7. LICENSE AGREEMENT - JOINT USE OF PRIVATE WATER LINE IN CITY ACCESS
As set forth in the report dated June 19, 1990, from the Director of Public Works,
the License Agreement with the Capistrano Acres Mutual Water Company for use of
a portion of an existing City easement to maintain a water pipeline, was approved.
The line was relocated during construction of the Capistrano Business Center. The
Mayor and City Clerk were authorized to execute the Agreement on behalf of the
City for forwarding to the Orange County Recorder.
8. PROPOSED SEWER SERVICES AGREEMENT BETWEEN CITY AND MOULTON
a
As set forth in the report dated June 19, 1990, from the City Attorney, the Sewer
Service Agreement with the Moulton Niguel Water District, permitting the City to
provide sewer service to Parcel Map 85-128 located in the Bear Brand Ranch, was
approved. The Mayor and City Clerk were authorized to execute the agreement on
behalf of the City.
OF AGREEMENT - ANIMAL
As set forth in the report dated June 15, 1990, from the Assistant City Manager, the
agreement for animal control and animal shelter services with the County of Orange
-4-
6/19/90
was approved at a cost of $50,869
execute the agreement on behalf of
PUBLIC HEARINGS
12
The Mayor and City Clerk were authorized to
the City.
AND VESTING TRACT MAP
This Hearing was continued from the meeting of June 5, 1990. Councilman Friess
left the chamber due to a conflict of interest.
Proposal:
Consideration of a tract map to subdivide 34.2 acres into 12 single family residential
parcels plus a single remainder parcel. The proposed General Plan Amendment was
intended to clarify the precise location of a major ridgeline within the project
boundaries. The project site is located on the south side of San Juan Creek Road,
east of La Novia Avenue. The site currently contains three separate residential
zones: the southerly portion is zoned Small Estate, 20,000 -square -foot lot size; the
central portion of the site is zoned Large Estate, one -acre minimum lot size; and,
the remaining southerly portion is zones Large Estate, 15 -acre minimum lot size.
The General Plan designations are 1.1 Residential, and 2.0 General Open Space. The
site also falls under the Hillside Management Guidelines regulations. The site
contains several prominent knolls and the line connecting the knolls represents a
major ridgeline. The applicant has proposed development between the central knoll
and San Juan Creek Road. The General Plan Map shows the ridgeline appearing to
extend northerly of the central knoll and terminates in an ambiguous manner. The
applicant is requesting that the ridgeline's northerly terminus be the central knoll.
Applicant:
David Diffley, 4747 Edinburg Drive, Carlsbad, California 92008.
Written Communications:
Report dated June 19, 1990, advising that the proposed project incorporates open
space buffers; developers of individual parcels will be required, pursuant to the
Hillside Management District Guidelines, to submit specific architectural designs
indicating that the topographic integrity of the area will be preserved. The report
advised that the ridgeline area north of the central knoll has already been graded
and altered to accommodate an existing road, single-family residence, corral and
various structures and is therefore not a natural ridgeline area. The report advised
that the applicant proposed to designate the southern parcel as a remainder parcel,
which has a limited potential for future development due to physical, regulatory and
policy references. The report recommended that the applicant submit a
development concept plan prior to approval of the final map, the objective being to
indicate the development viability and compliance with the applicable zoning
regulations and general plan policies. The improvement of the site will provide the
installation of an important segment of the City's equestrian trail system.
Staff Report:
Exhibits were on display and Frank Haselton, project consultant, made an oral
presentation, describing the physical attributes of the parcel and layout of the
proposed development. He discussed the proposed location and construction of the
general plan equestrian trail which extends the full length of the site and will
-5-
6/19/90
connect with the Hidden Mountain trail northerly to San Juan Creek Road. As the
trail approaches San Juan Creek Road the applicant will provide interim linkage
through the SDG&E right-of-way. Mr. Haselton advised the applicant will dedicate
the ultimate trail alignment to the Hoffman property line and will construct the
crossing. Mr. Haselton discussed the remainder parcel, defined by the Subdivision
Map Act as a parcel held in abeyance for future development. The applicant has
been required, as a condition of approval, to submit a Development Concept Plan
which would allow the City to be aware of the applicant's intent. The condition
required approval of the Development Concept Plan by the Planning Commission
prior to final tract map approval. Mr. Haselton requested that Condition No. 19,
relative to the Development Concept Plan, be amended to delete the requirement
that the Plan become part of the final tract map submittal and be recorded with the
final tract map approval.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded:
(1) David Diffley, applicant, spoke in support of the project, stating it was a good
proposal and consistent with previous approvals.
There being no further response, Mayor Hausdorfer closed the Public Hearing with
the right to re -open at any time.
Approval of General Plan Amendment No. 90-4:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
-6-19-1
PLAN
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 90-4,
TO CLARIFY PRECISE LOCATION OF MAJOR RIDGELINE
(DIFFLEY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: Councilman Friess
Approval of Vesting Tentative Tract Map.
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted with the amendment to Condition No. 19:
-6-
6/19/90
2.
UTION NO. 90-6-19-2. APPROVING VESTING TENTATIVE
L�, ivinr uoc� - n nuvi� wig
COUNCIL OF THE CITY OF SAN JUAN
CALIFORNIA, APPROVING VESTING TENTATIVE
13823 (DIFFLEY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: Councilman Friess
Councilman Friess returned to the Chamber.
CAPISTRANO,
TRACT MAP
131
PROPOSED EXTENSION OF ALIPAZ-TRABUCO DEVELOPMENT PROCESSING
MORATORIUM 440.25
Due to a conflict of interest, Councilman Buchheim left the Chamber.
Proposal:
Consideration of an extension of the moratorium placed on the processing of all
development review projects on properties located within the Alipaz-Trabuco
circulation and land use study area. The moratorium was placed for a 45 -day period
on May 15, 1990; the proposed ordinance would extend the moratorium to May 4,
1991.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated June 15, 1990, from the Director of Public Works and the Director of
Community Planning and Development, forwarding the proposed ordinance.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded:
(1) Joan Scarantino, 27441 Ortega Highway, questioned the intent of the
moratorium.
There being no further response, Mayor Hausdorfer closed the Public Hearing with
the right to re -open at any time.
Extension of Moratorium:
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
Bland, seconded by Councilman Friess that the following Urgency Ordinance be
adopted:
-7-
6/19/90
im
ATORIUM
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
EXTENDING URGENCY ORDINANCE NO. 664 IMPOSING A
MORATORIUM ON THE PROCESSING OF DEVELOPMENT
APPLICATIONS FOR PROPERTY WITHIN THE ALIPAZ EXTENSION
STUDY AREA IN ACCORDANCE WITH SECTION 65858 OF THE
CALIFORNIA GOVERNMENT CODE (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: Councilman Buchheim
Councilman Buchheim returned to the Chamber.
RECESS AND RECONVENE
Council recessed at 7:40 p.m., to view the model of the Franciscan Plaza, and
reconvened at 7:45 p.m.
3.
Proposal:
Appeal of the May 8, 1990, Planning Commission decision on Zone Variance 89-18
and Architectural Control 88-18 for the Franciscan Plaza 1I project. The Planning
Commission's action required the applicant to modify the plans to remove the third
story of the building in order to bring the building height and number of stories into
consistency with Municipal Code requirements, and to modify the light standards on
the roof of the adjacent parking structure to eliminate their visibility from Los Rios
Street. The Franciscan Plaza I1 project will provide 18,335 square feet of retail,
restaurant, and office space located on Camino Capistrano. The project is
surrounded by an existing parking structure to the west; the Provincial building to
the north and Oyharzabal building to the south. The site is surrounded by both
newly -constructed and historic structures which are at or above the 25 -foot height
limit. The site slopes down from Camino Capistrano approximately 9 feet. The
General Plan designation is General Commercial; the zoning is Tourist Commercial.
Applicant:
Paul Farber, Franciscan Plaza Investment Group, 31831 Camino Capistrano, San
1 n Capistrano.
-8-
6/19/90
13
Written Communications:
Report dated June 19, 1990, from the Director of Community Planning and
Development, advising that the Planning Commission had denied the zone variance
and conditionally approved the architectural control based on a concern that the
proposed commercial project was of a size and scale that would overshadow the
historical buildings within the downtown and Los Rios Areas. The report
recommended denying three stories and approving the overall height variance at a
maximum of 30 feet; and, approving the architectural control with a modified
condition to permit a basement level and to require investigation of alternative
lighting schemes for the parking structure.
Staff Presentation:
Exhibits were on display and the Land Use Manager made an oral presentation,
advising that the Planning Commission felt the proposed project was too intensive
and the height was inconsistent with existing zoning and General Plan design
criteria. The Commission had been concerned that approving the zone variance
would set a precedent for future projects. Ms. Dosheery cited staff concerns
relative to the proposed height and advised that staff felt the architectural control
could be approved with a modification permitting a basement level. She cited the
applicant's concerns with lowering the building to meet basement standards and
discussed his concerns with the requirement to modify the roof light standards. In
response to Councilman Bland, the Land Use Manager advised that if the site were
level, the project would be two stories.
Public Hearing -
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following persons responded:
(1) Paul Farber, 31781 Camino Capistrano, stated that with Franciscan Plaza
Phase I, his vision of a center that would bring citizens into the downtown area
all week long and not compromise the historic center had been successful and
he had the same kind of commitment to Phase 11. He spoke in support of the
pedestrian promenade and noted problems created for not only the promenade,
but the proposed restaurant kitchen and the major impacts to sewer and
electric utilities already in place if the building were to be lowered. He stated
his calculations showed the building was within 41' inches of 30 feet and he
would be willing to give up the 4l inches. He stated the building was presently
two feet below finished grade and the Planning Commission condition would
require a drop of four more feet. He cited his concern with safety and loss of
parking if the lighting intensities were modified, noting that when landscaping
is installed, interior light glare should no longer be a problem. He stated that
until recently, staff had supported the three levels and he had objections to
requiring substantial modifications at the last minute.
(2) Charles Bell, architect, explained how measurements had been taken to arrive
at the conclusion the building was 41' inches above 30 feet. He spoke in
opposition to lowering the building due to the negative impacts on the design
of the building.
(3) Stephen Rios, 31781 Los Rios Street, advised that the lights on the parking
structure were too visible and the lights inside the building caused a glare on
his front porch. He stated a willingness to work with Mr. Farber to shield the
lights. He urged that shielding of the lights be required.
-9-
6/19/90
-134 '
(4) Mark Clancey, 31892 Via de Linda, spoke on behalf of Friends of Historic San
Juan, and presented letter dated June 19, 1990. He stated that the project was
too intense for the downtown area and regretted the loss of the ridgeline vista
from the downtown boulevard. He cited concerns that approval of the project
would set a precedent. He further stated concerns about lack of sufficient
handicapped parking. Staff was directed to review the handicapped access and
respond back to Council.
(5) Roy Nunn, 31011 Paseo Valencia, former Planning Commissioner, stated
support for height restrictions and concerns relative to impacts on future
development if the variance is granted.
(6) Russell Burkett, 29520 Spotted Bull Lane, stated concerns with intensity of the
project and setting a precedent if the project is approved.
(7) Joan Scarantino, 27441 Ortega Highway, stated concerns about downtown
traffic and the problems for small businesses.
(8) Jennifer Baldridge, 26484 Orangewood Road, stated the project was visually
appealing and more appropriate than previous uses on the property. As part-
owner of an art studio, she stated parking problems had been solved by the
parking structure.
(9) Danny Letsinger, member of the Board of Directors of the Chamber of
Commerce, spoke in favor of the project.
(10) Bill Fortmeuller, 31828 Calle San Pedro, member of the Architectural Board of
Review, stated that when the Board had reviewed the item, they had concurred
with staff analysis that the building mass would not be too great. The Board
supported the project and their approval was for the specifics of this project
only.
(11) Millie Jones, 31791 Los Rios, stated her property faces the parking structure,
stated the light from the parking structure do not present a problem and the
standards are not visible. She stated that the project has cleaned up a troubled
area.
(12) Paul Farber, applicant, stated that the traffic study prepared for the project
concluded there was no real traffic problems with the project. He stated the
project currently contained 3 handicapped parking spaces and 4 more would be
installed when the platform is built. He stated he was open to shielding the
lights.
There being no further response, Mayor Hausdorfer closed the Hearing with the right
to re -open at any time.
Approving Architectural Control:
Councilman Friess stated support for the recommendation regarding preparation of a
study for the parking structure lighting. Councilman Buchheim stated support for
shielding the lights and maintaining compliance with safety regulations. Councilman
Bland and Mayor Hausdorfer suggested the roof parking standards should be modified
-10-
6/19/90
135
and the alternatives be returned for a decision. There was a consensus to accept
the Director of Community Planning and Development's suggestion to modify
Condition No. 9 to require review of the alternative lighting schemes by Council.
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted with Condition No. 9 amended to require the
applicant to prepare a study of alternative lighting schemes for the roof level and to
investigate alternative designs for the interior and west elevation lighting, both to
be reviewed by the City Council prior to issuance of certificates of occupancy:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
ARCHITECTURAL CONTROL 88-18 (FRANCISCAN PLAZA PHASE
II/FARBER)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: None
Approving Zone Variance 89-18:
Councilman Bland stated that the height of the project did not intrude upon views of
the Mission or the Old Stone Church and did not overpower or overshadow the
historical significance of other buildings in the downtown; that the project served
the needs of the community and he supported it as proposed. Councilman Buchheim
and Mayor Hausdorfer stated support for the project. Councilman Friess stated he
did not have a problem with the project but with making the findings in favor of the
variance; however, he felt the project had benefit. Councilman Schwartze supported
the issue of handicapped parking and stated this project should be pedestrian -
oriented. He felt the findings were there to make a decision in favor of the
variance.
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
- FRANCISCAN PLAZA FARBER - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING ZONE VARIANCE 89-18 (FRANCISCAN
PLAZA II/FARBER)
-11-
6/19/90
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
Bland, and Mayor Hausdorfer
NOES: Councilman Friess
ABSTAIN: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:27 p.m., and reconvened at 9:37 p.m.
4. PROPOSED REVIEW AND ADOPTION OF THE FISCAL BUDGET FOR THE FIVE
This item was continued from the Adjourned Regular Meeting of June 12, 1990.
Proposal:
Hearing held to receive public comment on the proposed 1990-1995 budget.
Written Communications:
Report dated June 19, 1990, from the Assistant City Manager.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded:
(1) Mark Lewis, 28781 Via los Arboles, representing Rancho San Juan, spoke in
support of the zeriscape landscaping project along the San Juan Creek Road
median. Mr. Lewis was advised that planting would commence in the fall or
early winter of this year.
There being no further response, and with the consensus of Council, Mayor
Hausdorfer ordered the Public Hearing continued to the adjourned regular meeting
of June 26, 1990.
RECESS AND RECONVENE
Council recessed at 9:38 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 10:20 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. RESOLUTION AMENDING B
T
Written Communications:
Report dated June 19, 1990, from the Assistant City Manager, advising that the two-
year Memorandum of Understanding approved with the Management Employees
-12-
6/19/90
Association provided for a cost of living increase to be effective July 1, 1990. The
report forwarded the revised compensation schedule for management employees.
Approval of Amended Compensation Plan:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
ION NO. 90 -6 -19 -
RESOLUTION
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 89-I1-7-4, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN (MANAGEMENT
EMPLOYEES)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT: None
2. OPEN SPACE UPDATE (530.40)
Written Communications:
Report dated June 19, 1990, noting that with the passage of the Open Space Bond
Issue, City staff began work on preparing the selection process for a consulting firm
to develop a master plan for the 140 acres. Staff had also begun preparing the
necessary documents relative to the sale of bonds for acquisition and construction.
With the consensus of Council, Mayor Hausdorfer ordered the report received and
filed.
3. AUTHORIZATION TO RETAIN PROFESSIONAL CONSULTING SERVICES FOR
INTERIM DIRECTOR OF PUBLIC WORKS 600.30
Written Communications:
Report dated June 19, 1990, from the Assistant City Manager, noting that Bill
Murphy was retiring from full-time service and advising that proposals to provide
interim Director of Public Works services had been requested from three consulting
engineering firms. The proposals are to be received on June 21st, with a decision
shortly thereafter.
Authorization to Negotiate Contract:
It was moved by Councilman Schwartze, seconded by Councilman Friess, and
unanimously carried to authorize the City Manager to negotiate and execute an
agreement to retain professional consulting services for an Interim Public Works
Director for a period not to exceed four months.
-13-
6/19/90
DIRECTOR OF ADMINISTRATIVE SERVICES
2.
)NDS IN THE AM(
Written Communications:
Report dated June 19, 1990, from the Director of Administrative Services,
forwarding a resolution which authorizes the Acting City Clerk to cause to be
published a notice inviting sealed proposals for the sale of the bonds and approving
the Official Preliminary Statement prepared by Fieldman, Rolapp and Associates.
The bid opening will be scheduled for July 17, 1990, at 11:00 a.m., at the Fieldman,
Rolapp & Associates office in Irvine.
The Director of Administrative Services advised that the amount of the first bond
issue had been determined for cash flow purposes and to allow the bond to be put on
the tax rolls at a rate promised to the citizens.
Declaring Intent to Sell Bonds:
It was moved by Mayor Hausdorfer, seconded by Councilman Friess that the
following Resolution be adopted:
RESOLUTION NO. 90-6-19-6 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING ITS INTENTION TO SELL BONDS OF
SAID CITY IN THE AMOUNT OF $4,995,000, FIXING THE TIME
AND PLACE FOR TAKING BIDS AND DIRECTING PUBLICATION
OF NOTICE INVITING BIDS
The motion carried by the following vote:
AYES:
Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES:
None
ABSTAIN:
ABSENT:
None
Written Communications:
Report dated June 19, 1990, from the Director of Administrative Services,
forwarding a resolution providing for the form of bonds and authorizing the City
Treasurer to select the best bidder for the position of paying agent, registrar and
transfer agent for the bonds. This is the first issue of General Obligation Bonds. A
second issue is being planned for January or February of 1991 in an estimated
amount of $10,000,000; a final issue of $6,005,000 will be issued at an undetermined
date in the future.
-14-
6/19/90
Providing for Issuance of Bonds:
It was moved by .Mayor Hausdorfer, seconded by Councilman Schwartze that the
following Resolution be adopted:
RESOLUTION NO. 90-6-19-7 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING FOR THE ISSUANCE OF BONDS OF
SAID CITY IN THE AMOUNT OF $4,995,000 FOR THE ACQUISITION
AND CONSTRUCTION OF CERTAIN PARK, AGRICULTURAL,
OPEN SPACE AND RELATED USES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: None
ABSENT% None
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. PROPOSED DEVELOPMENT PROJECTS (440.10)
Written Communications:
Report dated June 19, 1990, from the Director of Community Planning and
Development, listing development applications received by the Community Planning
Department since May 15, 1990.
With the consensus of Council, Mayor Hausdorfer ordered the report received and
filed.
DIRECTOR OF PUBLIC WORKS
1. LICENSE AGREEMENT - M
Written Communications:
1 Report dated June 19, 1990, from the Director of Public Works, forwarding a
License Agreement with the Stoneridge Estates Homeowners Association for
maintenance of City -owned property at the end of Horno Creek Road which
was originally retained for extension of Horno Creek Road; and, for City -
owned property at the north end of Horno Creek Road. The Association
proposes to use the property for a greenbelt and informal play fields.
(2) Letter dated June 13, 1990, from Gary Habekost, 27682 Horseshoe Bend,
opposing approval of the License Agreement.
-15-
6/19/90
140
Public Input:
The following persons addressed Council in opposition to approval of the License
Agreement due to lack of notice by the Association to the residents and ability of
the Board of Directors to enter into such an agreement:
(1) Ken Howe, 27692 Horseshoe Bend;
(2) Gary Habekost, 27682 Horseshoe Bend;
(3) Mrs. Finning, 27681 Horseshoe Bend.
Continuation of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to continue consideration of the License Agreement with the
Stoneridge Homeowners Association for a period of 45 days to allow time for the
item to be worked out. The item will be rescheduled for the meeting of August 7.
2. APPROVAL OF PROPOSED RECYCLING PROGRAM AND AUTHORIZATION
Written Communications:
Report dated June 19, 1990, from the Director of Public Works, noting that a status
report on the recycling program had been submitted on June 5th and requesting
approval of Phase I of the recycling program which will institute a 3 -bin curbside
residential recycling program. The report noted that the program would be
approached as a regional operation and would include the County of Orange and the
Cities of Dana Point and San Clemente. The report noted that proposals for
consultant services to assist in the implementation of the recycling program and in
negotiations with Solag Disposal, had been submitted to 16 firms; the city staffs
determined that R. W. Beck was the most qualified to provide the requested
services. Staff requested authorization to develop an agreement with R. W. Beck
and Associates for approval by Council on July 3rd.
Approval of Program/Consultant:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the three -bin recycling method for the Phase I
recycling program and to approve selection of R. W. Beck and Associates to provide
solid waste/recycling consulting services. Staff was authorized to negotiate the
agreement with Beck and Associations for Council approval on July 3, 1990.
3. APPROVAL OF SERRA BUDGETS (330.50)
Written Communications:
Report dated June 19, 1990, from the Director of Public Works, advising that the
SERRA Board of Directors had approved the proposed 1990-91 budgets, and
forwarding a summary of the proposed budgets and their cost to the City. -�
Approval of Project Committee Budgets:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the proposed SERRA Project Committee budgets for
1990-91 as presented and to authorize the total expenditures of $1,760,272 from the
Sewer Enterprise Fund.
-16-
6/19/90
141
4. STATUS REPORT - WISH/MOORE TRAIL REALIGNMENT (930.40)
This item was scheduled pursuant to Council direction of May 15, 1990.
Written Communications:
Report dated June 19, 1990, from the Director of Public Works, advising that
property owners affected by the proposed equestrian trail realignment had met and
supported relocation of the trail onto property owned by the Laguna Heights
Community Association. The report advised that staff would develop an easement
for approval by Council at a later date.
With the concurrence of Council, Mayor Hausdorfer ordered the report received and
filed.
DIRECTOR OF COMMUNITY SERVICES
W
Written Communications:
Report dated June 19, 1990, from the Director of Community Services, forwarding a
contract with the Orange County Consolidated Transportation Service Agency to
provide Dial -A -Van services for senior citizens and handicapped persons. The term
of the contract will commence July 1, 1990, and expire June 30, 1991, at a cash
payment of $4,902.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the Agreement with the Orange County Consolidated
Transportation Service Agency. The Mayor and City Clerk were authorized to
execute the Agreement on behalf of the City.
ORDINANCES
Written Communications:
Report dated June 19, 1989, from the City Clerk, advising that the Ordinance was
introduced at the meeting of June 5, 1989, and was scheduled for adoption.
Ado tion of Ordinance:
The it y 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 adopted:
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING OVERLOAD VEHICLE PERMIT REQUIREMENTS
SET FORTH IN ARTICLE 9 OF TITLE 4 "PUBLIC SAFETY" OF
THE MUNICIPAL CODE
-17-
6/19/90
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Bland
NOES: None
ABSTAIN: Mayor Hausdorfer
ABSENT: None
COUNCILMANIC ITEMS
1. ACCEPTANCE OF RESIGNATION
)N OF VAC
CY
Written Communications:
Report dated June 19, 1990, from the Council Services Manager, forwarding the
letter of resignation.
Acceptance ofResignation/Declaration of Vacancy:
It was moved by Councilman Friess, seconded by Councilman Bland and unanimously
carried to accept the resignation of Carolyn Nash and to declare the position
vacant. The City Clerk was directed to post notices of the vacancy and to advertise
for applications for the position for appointment in July.
2. COMMISSION REORGANIZATION (110.10)
Written Communications:
Report dated May 15, 1990, from the Assistant City Manager, forwarding ordinance
amendments which would incorporate the recommendations of the Council Ad Hoc
Committee on Commission Reorganization per Council direction on May 15th. The
proposed amendments set forth revised duties for the Equestrian Commission, the
Traffic and Transportation Commission, the Cultural Arts and Heritage Commission
and the Parks and Recreation Commission. The report advised that the proposed
amendments would result in strengthening the Commissions' ability to help the City
Council deal effectively with regional issues and increase the effectiveness of
Commission involvement in the development review process. The modifications
included commission name changes as follows: Cultural Arts and Heritage
Commission changed to Heritage Commission; and, Equestrian Commission changed
to Equestrian and Recreational Trails Commission.
Approval of Modified Commission Duties: ^
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 Schwartze that the following Ordinance be
introduced:
-18-
6/19/90
3.
143
ORDINANCE, AMENDING DUTIES OF COMMISSIONS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING FOR CHANGES IN DUTIES WITH
RESPECT TO THE HERITAGE COMMISSION, PARKS AND
RECREATION COMMISSION, TRAFFIC AND TRANSPORTATION
COMMISSION, AND EQUESTRIAN AND RECREATION TRAILS
COMMISSION
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
ORAL REPORTS OF OUTSIDE AGENCIES
South East Regional Reclamation Authority (SERRA) (L040.60):
Councilman Buchheim advised that SERRA had contracted for sludge handling at the
Chiquita Canyon site.
Foothill/Eastern Transportation Corridor (800.50):
Councilman Friess expressed appreciation to Mayor Hausdorfer for completion of his
term as Chairman of the Foothill/Eastern Corridor Agency.
League of California Cities (140.20):
Councilman Schwartze noted a need for action on the following items: Senate Bill
998 - Redevelopment (Pressley) relating to a mandatory pass-through formula with
counties and schools upon plan adoption or amendment; Senate Bill 2443 - Binding
Arbitration (Torres) relating to Peace Officers; and, Assembly Bill 2954 -
Mobilehomes (Peace), which would prohibit City denial of condominium conversion.
With the consensus of Council, staff was directed to forward letters as appropriate.
In response to the City Manager, Mayor Hausdorfer advised he would attend a
June 25 hearing in Sacramento on Assembly Bill 838 relative to the Transportation
Consolidation Bill.
Integrated Waste Management Commission (810.60)
Councilman Bland advised that an interim location had been selected for the
relocation of the Solag facility at the southern part of the Prima Deshecha landfill
close to the City limits of San Clemente.
COUNCIL REMARKS
1. STREET REPAIRS (820.20)
Councilman Bland expressed appreciation to the Director of Public Works for repair
of potholes on Via de Agua and Calle Conejo.
2. ORANGE COUNTY CITY MANAGER'S ASSOCIATION (140.20)
Mayor Hausdorfer complimented the City Manager for completion of his term as
President of the Association.
-19-
6/19/90
RM
3. RECYCLING FAIR (810.60)
Mayor Hausdorfer noted a 'Buy Recycled Fair" sponsored by the Orange County
Purchasing Department and the Integrated Waste Management Department to be
held July 11th at the Civic Center Plaza.
CLOSED SESSION
Council recessed to a Closed Session at 11:05 p.m., for discussion of Legal and Meet and
Confer matters, the Deputy City Clerk being excused therefrom, and reconvened at
12:00 a.m., Wednesday, June 20, 1990.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 12:00
a.m., Wednesday, June 20, to the next meeting date of Tuesday, June 26, 1990, at 7:00
p.m., in the San Juan Hot Springs Dance Hall for review of the 1990-95 fiscal budget.
Respectfully submitted,
ATTFCT.
_20_
6/19/90