90-0703_CC_Minutes_Regular Meeting3_51
JULY 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
7:02 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Monsignor Paul
Martin of the Mission San Juan Capistrano. Mayor Hausdorfer
congratulated Monsignor Martin on his recent appointment.
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; John R. Shaw,
City Attorney; George Scarborough, Assistant City Manager/Acting
City Clerk; Thomas G. Merrell, Director of Community Planning and
Development; Thomas L. Baker, Director of Community Services;
Nancy Bernardi, Recording Secretary.
MINUTES
The Minutes for the regular meeting of June 19, 1990, and the
adjourned regular meeting of June 26, 1990, were rescheduled for
approval at the meeting of July 17, 1990.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that all Ordinances be read by
title only.
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF COMMENDATION - STEPHEN B. JULIAN (610.40)
After reading the Resolution in full
presented City Manager Stephen Julian w
Commendation, recognizing Mr. Julian fo
term of service as President of the
Manager's Association.
0C
, Mayor Hausdorfer
ith a Resolution of
r his just -completed
Orange County City
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CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman Friess,
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 Lists of Demands dated June 14 and June 28, 1990, in the
total amounts of $454,2 1.57 and $1,710,698.51, respectively,
were approved as submi-ted.
2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated July 3, 1990, from the Director of Community
Planning and Development, regarding actions taken at the
meeting of June 20, 1990, was ordered received and filed.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated July 3, 1990, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of June 18, 1990, was ordered received and filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated July 3, 1990, from the Director of Community
Planning and Development, regarding actions taken at the
meetings of June 20 and June 26, 1990, was ordered received
and filed.
5. SLURRY SEAL OF CITY STREETS 1990 - RESOLUTION, NOTICE OF
COMPLETION AND FINAL REPORT (IPS SERVICES INC.) (600.30)
As set forth in the Report dated July 3, 1989, from the City
Engineer, the slurry seal of City streets for 1990 was
completed.
Acceptance of Work:
The following Resolution was adopted:
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RESOLUTION NO. 90-7-3-1, COMPLETION OF SLURRY SEAL
OF CITY STREETS. 1990 (IPS SERVICES) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
SLURRY SEAL OF CITY STREETS, 1990 (IPS SERVICES)
The Resolution accepted the work as complete in the amount
of $33,418.36 and directed the City Clerk to forward a Notice
of Completion to the County Recorder. Staff was authorized
to release the 10% retention in the amount of $3,341.84
thirty-five (35) days after recording the Notice of Comple-
tion.
6. CONNEMARA DRIVE AND GLENARIFF LANE REHABILITATION - RESOLU-
TION. NOTICE OF COMPLETION, AND FINAL REPORT (SULLY -MILLER)
(600.30)
As set forth in the Report dated July 3, 1989, from the City
Engineer, the construction of Connemara Drive and Glenariff
Lane rehabilitation was completed. The project entailed the
reconstruction of curbs and gutters in front of 27091, 27081,
and 27071 Glenariff Lane and 33741, 33751, and 33761
Connemara Drive where standing water had become a problem.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 90-7-3-2, COMPLETION OF CONNEMARA
DRIVE AND GLENARIFF LANE REHABILITATION (SULLY
MILLER CONTRACTING) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF
CONNEMARA DRIVE AND GLENARIFF LANE (SULLY MILLER
CONTRACTING)
The Resolution accepted the work as complete in the amount
of $22,715.10 and directed the City Clerk to forward a Notice
of Completion to the County Recorder. Staff was authorized
to release the 10% retention in the amount of $2,271.51
thirty-five (35) days after recording the Notice of
Completion.
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7. DENIAL OF INDEMNITY - JOHN TYSON (ERIC BLACKMAN CASE)
(170.10)
The claim for indemnity received by the City on June 21,
1990, from Barbara Toy of Himes, McDonough & Strickland, on
behalf of John Tyson, for an undetermined amount for injuries
sustained by Eric Blackman, was denied, as set forth in the
report dated July 3, 1990, from the City Attorney.
PUBLIC HEARINGS
1. AMENDING TITLE 2 AND TITLE 9 OF THE MUNICIPAL CUUt; -
Proposal:
Consideration of modifications to the duties and responsibil-
ities of the Planning Commission and the Architectural Board
of Review and the development review process between the two
commissions, as recommended by the City Council Ad Hoc
Committee.
Written Communication:
Report dated July 3, 1990, from the Director of Community
Planning and Development, summarizing the proposed Code
amendments, including changing the name of the Architectural
Board of Review to Design Review Commission, qualifications
of its members, processing of site development plans, and
review responsibilities of both commissions.
Thomas Tomlinson, City Planner, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing.
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 Friess,
seconded by Councilman Buchheim, that the following Ordinance
be introduced:
ESTABLISHING A DESIGN REVIEW COMMISSION - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A DESIGN REVIEW COMMISSION
AND ESTABLISHING AUTHORITY AND DUTIES WITH RESPECT
TO THE OPERATION OF A DESIGN REVIEW COMMISSION
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
. The motion also approved the preparation of an assessment
report after six months of the adoption to evaluate the
effectiveness of the proposed modifications and deleted
Council Policy 403, which described the former "three-phase"
review process, which the new amendments will replace.
RECESS AND RECONVENE
Council recessed at 7:12 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:15 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. OPEN SPACE BOND ISSUE - STATUS REPORT (530.40)
Written Communication:
Report dated July 3, 1990, from the Assistant to the City
Manager, noting the receipt by the City of 11 Master Plan
proposals, with the .top candidates scheduled to be
interviewed during the week of July 9, 1990. Also submitted
with the Report was the preliminary schedule of events
related to the future Open Space Master Plan and General
Obligation Bond sale activities.
Mr. Julian noted the successful approval of a $10,000 grant
from the Coastal Conservancy.
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the Report be received
and filed.
2. REQUEST FOR SCHOOL CROSSING GUARD - AMBUEHL ELEMENTARY SCHOOL
(590.701
Written Communication:
Report dated July 3, 1990, from the Assistant City Manager,
recommending the installation of a crossing guard at the
intersection of San Juan Creek Road and Calle Cartagena for
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Ambuehl Elementary School pursuant to a request from the
Capistrano Unified School District.
Mr. Scarborough made an oral presentation.
Approval of Crossing Guard:
It was moved by Councilman Friess, seconded by Councilman
Schwartze, and unanimously carried that a crossing guard be
installed at Ambuehl Elementary School. Staff was authorized
to execute a contract amendment with the Orange County
Sheriff's Department for the additional crossing guard.
Pursuant to Council discussion regarding inadequate parking
and circulation at the school, it was the consensus of
Council that staff be directed to prepare a letter to the
School District Superintendent encouraging a solution to the
parking/circulation problems at the school, for the Mayor's
signature.
DIRECTOR OF PUBLIC WORKS
1. ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM REQUALIFICATION -
nnrrwrmvIC Mh CTRA WAN nF ARTERIAL
Written Communication:
Report dated July 3, 1990, from the City Engineer, forwarding
the resolution for annual requalification for the Orange
County Arterial Highway Financing Program (AHFP) to conform
to the program's rules and procedures and to the County's
Master Plan of Arterial Highways. The report noted conform-
ity between the City and County, with minor classification
discrepancies.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 90-7-3-3 ARTERIAL HIGHWAY FINANCING
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUEST-
ING ANNUAL REQUALIFICATION FOR PARTICIPATION IN
THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING
PROGRAM
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. APPROVAL OF OCUTT FUNDS FOR ROAD IMPROVEMENT PROJECTS - DEL
OBISPO STREET OVERLAY (820.20)
Written Communication:
Report dated July 3, 1990, from the City Engineer, noting the
approval by the Orange County Transportation Commission in
June 1990 of OCUTT funds for two pavement overlay projects:
$60,084 for San Juan Creek Road from La Novia Avenue to 900
feet easterly, and $42,817 for Del Obispo Street from Camino
Capistrano to Ortega Highway.
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the Report be received
and filed.
1. ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING DUTIES OF
COMMISSIONS (ADOPTION) (110.10 /910.60/920.20/930.40)
Written Communication:
Report dated July 3, 1990, from the Acting City Clerk,
advising that the Ordinance was introduced at the meeting of
June 19, 1990, and was scheduled for adoption.
Marilyn Thorpe, Chairperson of the Cultural Arts and Heritage
Commission, requested that the Ordinance be amended to retain
the number of members for her Commission to "between five and
seven," and that the original name, Cultural Heritage
Commission, be retained.
It was the consensus of Council that the Ordinance be amended
as requested by Mrs. Thorpe and be brought back for adoption
at the July 17, 1990, meeting.
COUNCILMANIC ITEMS
' 1. ANNUAL REVIEW OF APPOINTMENT TO COMMITTEES. BOARDS, AND
COMMISSIONS (110.20)
Written Communication:
Report dated July 3, 1990, from the Council Services Manager,
forwarding the list of current appointees and their appoint-
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ment dates and all active applications on file for each
commission/board.
As recommended by Councilman Schwartze of the Subcommittee
regarding these appointments, staff was directed to defer the
matter until the meeting of July 17, 1990.
REPORTS AND RECOMMENDATIONS OF SIGN COMMITTEE (410.40)
Written Communication:
Report dated July 3, 1990, from Mr. Gil Jones, Chairman of
the Sign Committee, forwarding the recommendations of the
Committee for amendments to the Municipal Code to revise
present sign regulations.
Thomas Tomlinson, City Planner, made an oral presentation,
reviewing the ten areas recommended for modification.
Mr. Tomlinson noted that a presentation of these recommenda-
tions would be made to the Chamber of Commerce and the
Downtown Merchants Association in order to receive public
input before the hearing process begins. He added that the
proposed Ordinance would be presented to both the Planning
Commission and the Design Review Commission prior to City
Council review and adoption.
Councilman Friess expressed concern regarding the proposed
2% formula for the approval of major tenant signs, feeling
the present wording lacked consistency and was open-ended.
He stated that this matter should be handled at staff level.
Initiation of Amendment:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that:
(1) The recommendations of the Sign Committee be reviewed
and consideration of an amendment to the sign
regulations of the Municipal Code be initiated, as
generally outlined in the draft Ordinance; and
(2) The Sign Committee be requested to assist in conducting
informational meetings with community interest groups
prior to consideration by the Planning Commission.
COUNCIL COMMENTS
FOURTH OF JULY DISPLAYS (410.40)
Councilman Friess requested that the 4th of July promotional
displays at Shell and Exxon stations be investigated for
possible violations of the Municipal Code.
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2. GANG PROBLEM (585.50
Mr. Julian noted that a report would be provided at the
meeting of July 17, 1990, regarding the City's gang problem
and discussions with Supervisor Riley and staff.
3. SOLAG RELOCATION (600.30)
. Mr. Julian reported on discussions held with Frank Bauerman
and the Mayor of San Clemente regarding possible relocation
sites for Solag Disposal, noting that additional studies
would be conducted for potential sites. He emphasized that
the City is extending a "good -neighbor" policy toward San
Clemente in these discussions.
4. LETTER FROM MR. ZIZIAN (610.25
Mayor Hausdorfer noted that the City is in the process of
responding to a letter from Mr. Zizian.
5. ILLEGAL PROMOTIONAL DISPLAY (410.40)
Councilman Bland requested that the operator of the video
store in Alipaz Plaza be notified of the illegal use of his
promotional display of balloons during the previous weekend.
CLOSED SESSION
Council recessed to a Closed, Session at 7:49 p.m. for discussion
of personnel matters and reconvened at 8:05 p.m.
There being no further business before the Council, the meeting
was adjourned at 8:05 p.m. to the next regular meeting date of
Tuesday, July 17, 1990, at 7:00 p.m. in the City Council Chamber.
ATTEST:
L
GY . HAUSDORFER MAYOR
Respectfully submitted,
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