90-0904_CC_Minutes_Regular MeetingSEPTEMBER 4, 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 Camy Sullivan,
Member of the Baha'i Faith/Local Spiritual Assembly of San Juan
Capistrano.
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; Cheryl Johnson, City Clerk; George Scarborough,
Assistant City Manager; David Bentz, Director of Administrative
Services; Ray Wellington, Interim Director of Engineering and
Building Services; Ronald C. Sievers, Director of Public Lands and
Facilities; Thomas G. Merrell, Director of Planning Services;
Thomas L. Baker, Director of Community Services; Nancy Bernardi,
Recording Secretary.
MINUTES
Regular Meeting of August 21, 1990:
It was moved by Councilman Buchheim, seconded by Councilman Bland,
that the Minutes of the Regular Meeting of August 21, 1990, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Bland,
and unanimously carried that all Ordinances be read by title only.
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION OF APPRECIATION FOR SAM KIRKLAND ON OCCASION OF
HIS RETIREMENT (730.90)
Written Communication:
Report dated September 4, 1990, from the Assistant City
Manager, forwarding a Proclamation recognizing and commending
Samuel B. Kirkland, Senior Lead Maintenance Worker, for his
more than 15 years of public service with the City. Mr.
Kirkland's will retire effective September 5, 1990.
Proclamation of Appreciation:
Mayor Hausdorfer read the Proclamation in full. Mr. Kirkland
was present to receive the commendation.
ORAL COMMUNICATIONS
1. _CAPISTRANO VALLEY HIGH SCHOOL PARKING STRUCTURE CONSTRUCTION
(515.20)
Mark Clancey, 31892 Via de Linda, a former resident of
Village San Juan, expressed concern about the lack of
notification by the City regarding the construction of a
parking structure at Capistrano Valley High School behind
homes in Village San Juan. He was advised that the
Capistrano Unified School District and the City of Mission
Viejo were the lead agencies on the project and the City had
expressed concern to them that San Juan Capistrano residents
be notified.
CONSENT CALENDAR
It was moved by Councilman Schwartze, 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
APPROVAL OF WARRANTS (300.30)
The List of Demands dated August 23, 1990, in the total
amount of $3,525,388.25, was approved as submitted.
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2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated September 4, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of August 15, 1990, was ordered received and
filed.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated September 4, 1990, from the Senior
Management Assistant, regarding actions taken at the meeting
of August 28, 1990, was ordered received and filed.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated September 4, 1990, from the Secretary of the
Equestrian Commission, regarding actions taken at the meeting
of August 13, 1990, was ordered received and filed.
5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated September 4, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of August 23, 1990, was ordered received and
filed.
6. REPORT OF MOBILE HOME PARK REVIEW COMMITTEE ACTIONS (430.501
The Report dated September 4, 1990, from the Assistant to the
City Manager, regarding actions taken at the meetings of
July 10 and August 14, 1990, was ordered received and filed.
7. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated September 4, 1990, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of August 20, 1990, was ordered received and
filed.
8. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated September 4, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of August 28, 1990, was ordered received and
filed.
9. RESOLUTION NAMING DISADVANTAGED BUSINESS ENTERPRISE (DBE)
LIAISON OFFICER (820.25)
As set forth in the Report dated September 4, 1990, from the
Interim Director of Engineering and Building Services, the
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11.
following Resolution was adopted appointing Theodore G.
Simon, City Engineer, as the City's DBE Liaison Officer. As
the DBE Liaison Officer, Mr. Simon will monitor, report, and
enforce compliance with CALTRANS' requirements for the City
to receive Federal -Aid Highway Funds for construction.
RESOLUTION NO 90-9-4-1. NAMING CITY ENGINEER AS
DISADVANTAGED BUSINESS ENTERPRISE LIAISON OFFICER
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, NAMING THEODORE G.
SIMON, CITY ENGINEER, AS DISADVANTAGED BUSINESS
ENTERPRISE LIAISON OFFICER
As set forth in the Report dated September 4, 1990, from the
Interim Director of Engineering and Building, the following
Resolution was adopted declaring the City's intent to vacate
the sewer easement on Lot 222, Tract 12954, and setting a
public hearing date for the meeting of October 2, 1990, at
7:00 p.m. in the Council Chamber.
RESOLUTION NO 90-9-4-2 INTENT TO VACATE A SEWER
EASEMENT WITHIN LOT 222 OF TRACT 12954 (MARBELLA)
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS
INTENT TO VACATE AN UNUSED SEWER EASEMENT WITHIN
LOT 222 OF TRACT 12954 (MARBELLA)
As set forth in the Report dated September 4, 1990, from the
Director of Public Lands and Facilities, the following
Resolution was adopted accepting the completion of the 1990
Weed Abatement Program for the City:
RESOLUTION NO 90-9-4-3 1990 WEED ABATEMENT
PROGRAM - 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 1990 WEED ABATEMENT PROGRAM
The Resolution accepted the work as complete in the amount
of $31,706.55 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 $3,170.65
thirty-five (35) days after recording the Notice of
Completion.
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12. AUTHORIZATION FOR REDUCTION OF BONDS - MARBELLA DEVELOPMENT,
TRACT 12954 (FAIRWAY PROPERTIES CO.) (600.30)
As set forth in the Report dated September 4, 1990, from the
Assistant City Manager, staff was authorized to reduce the
$2,000,000 surety bond provided to the City by Fairway
Properties to ensure performance of required grading and
landscaping to a level to be established by the City Manager.
RECESS AND RECONVENE
Council recessed at 7:13 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:43 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVIEW AND REFERRAL - DRAFT CIVIC CENTER MASTER PLAN (200.303
Written Communication:
Report dated September 4, 1990, from the Community
Development Manager and the Planning Manager, forwarding the
Draft Civic Center Master Plan prepared by the IBI Group for
review. The draft incorporates input received from the Civic
Center Working Group regarding the development of a new Civic
Center on the old Capistrano High School site.
Receipt and Referral of Draft Civic Center Master Plan:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried that the draft Civic Center
Master Plan be received and referred to the following
commissions:
(1) Cultural Heritage Commission for review of proposed
preservation of historic features;
(2) Traffic and Transportation Commission for review of the
Traffic Report prepared for the project;
(3) Parks and Recreation Commission for recommendation
regarding existing recreation facilities;
(4) Design Review Commission for review of site and land-
scape design criteria; and
(5) Planning Commission for overall features of the draft
Master Plan.
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CONSIDERATION OF REQUEST BY CULTURAL HERITAGE COMMISSION TO
SUPPORT THE NOMINATION OF A DOWNTOWN DISTRICT TO THE NATIONAL
REGISTER OF HISTORIC PLACES (910.50)
Written Communication:
Report dated September 4, 1990, from the Senior Management
Assistant, forwarding a request from the Cultural Heritage
Commission to support the nomination of a portion of the
downtown historic district to the National Register of
Historic Places. The proposed area is bounded by La Zanja
Street to the north, extending southward along Camino
Capistrano and abutting the Los Rios District, and extending
eastward through a portion of the downtown area properties
to the Interstate 5 freeway. The proposed area has 60
parcels owned by 25 different property owners.
Jennifer Williams, Senior Management Assistant, made an oral
presentation. In order for the nomination to occur, property
owners must be in support, and the Cultural Heritage
Commission requested that they be allowed to begin meeting
with affected property owners. Ms. Williams noted that
although the map submitted to Council did not indicate it,
the Egan House should be included in the proposed area. She
emphasized the importance of the required context report,
which must be prepared by professionals, in order to obtain
a nomination and noted the current lack of funds for this
requirement.
Councilmen Bland, Buchheim, and Schwartze felt that it was
premature for the Council to conceptually support the
creation of the downtown area National Register of Historic
Places District until the feelings of the affected property
owners were known. Councilman Friess and Mayor Hausdorfer
felt it was necessary to officially support the Commission's
request.
Authorization of Meetings:
It was moved by Councilman Bland, seconded by Councilman
Schwartze, and carried with Councilman Friess and Mayor
Hausdorfer voting in the negative due to a desire for
stronger support of the Commission, to authorize the Cultural
Heritage Commission to conduct an informational process with
affected property owners to determine support for a proposed _
National Register of Historic Places District in the downtown
area for report to the City Council at a later date. Any
action to support the creation of a district will be deferred
until the feelings of the affected property owners are known.
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3. CONSIDERATION OF JOINT CITIES AGREEMENT FOR COMMERCIAL
VEHICLE ENFORCEMENT PROGRAM (600.30)
Written Communication:
Report dated September 4, 1990, from the City Manager,
recommending that the City enter into a cooperative agreement
with the Cities of Mission Viejo, Laguna Niguel, and Dana
Point for the joint use of the Orange County Commercial
Vehicle Enforcement Program. The goal of the program is to
prevent traffic accidents resulting from equipment failures,
damage to City and state highways resulting from overloaded
vehicles, and to protect motorists and pedestrians from
gravel, debris, garbage, toxins, and other spillage from
vehicles. The City's share of the program would be 15%, for
a total expenditure of $29,278 annually. The program costs
will be offset by fines levied against violators.
Mr. Julian made an oral presentation, emphasizing safety as
the primary goal of the program and noting the maintenance
costs associated with debris from vehicles.
Approval of Participation in Enforcement Program:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to:
(1) approve the participation of the City in the Commercial
Vehicle Enforcement Program offered by the Orange County
Sheriff's Department with the Cities of Mission Viejo,
Laguna Niguel, and Dana Point;
(2) approve an amendment to the 1990-91 budget for an
increase in Sheriff's Department expenditures in the
amount of $29,278 with revenue reflected in an
offsetting amount; and,
(3) authorize the City Manager to execute any agreements
required to implement this program.
4. CONSIDERATION OF GANG PREVENTION AND SUPPRESSION TEAM PROGRAM
(585.50)
Written Communication:
Report dated September 4, 1990, from the City Manager,
forwarding a request from County Supervisor Riley for the
City to participate in the South County Gang Awareness and
Prevention Task Force Program. Because of fees already
imposed by the County and lack of participation in the
program with the Cities of San Clemente and Mission Viejo,
the City Manager recommended that the City decline to
participate in the program.
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Mr. Julian made an oral presentation, noting that although
it was a good program, he was concerned about County finances
and absorbing costs that had not been anticipated in the
City's budget. He advised that a proposal to participate in
the program had been made to San Clemente but their position
was known at this time.
Marilyn Brewer of Supervisor Riley's office, and Colleene
Hodges, Supervising Probation Officer, spoke regarding the
problems associated with gang -related activities in the 5th
District. They made the following comments with regard to
the program:
(1) The Cities of Laguna Niguel and Dana Point have agreed
to participate in the program.
(2) The City of San Clemente has agreed to provide a liaison
officer from their own city's Crime Suppression Unit to
work -with the program.
(3) Proposals for surrounding areas would be formulated on
an as -needed basis.
(4) Supervisor Riley has indicated that increases in fees
for the program will be monitored and that he would
guarantee that the lowest costs possible will be charged
to the City. Costs are based on the salary of the
probation officer and vehicle, and the only foreseeable
increases would be cost -of -living increases.
(5) Community education in the schools will be emphasized
for prevention purposes.
(6) only those gang members who are already on probation
will be affected by the program.
(7) A quarterly report would be provided which would
summarize the gang activity in the City.
(8) After a one-year pilot period, the City could decided
whether or not to continue its participation in the
program.
Mr. Julian noted that Supervisor Vasquez had already
initiated a study to re-evaluate County services to cities
for their cost sufficiency. Because of the potential for
significant increases in costs to the City and the necessity
to make a long-term commitment, Mr. Julian stated the need
for a firm commitment from the entire Board of Supervisors.
Councilman Friess felt that the gang problems within the
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City, although on a relatively small scale, should not be
ignored. He stated concern regarding budget impacts but
alternative program were unknown at this time. He cited
support for the program only on the basis of a one-year
evaluation. The Council voiced concerns regarding budget
impacts and the potential for additional fees and costs to
be added by the County after the program is implemented.
Approval of Intention to Participate in Program:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried that the City Council state
its intention to participate in the proposed Gang Prevention
and Suppression Team Program for one year, after which time
the program will be evaluated by the City. The City's
participation is also to be based on the amount of $27,400,
representing the City's share of costs for the program for
the first year, and the requirement that San Clemente be part
of the program.
The City Manager was directed to draft a letter to the Board
of Supervisors for the Mayor's signature requesting an
indication of their commitment to the program.
5. AMENDMENT TO AGREEMENT BETWEEN SOLAG DISPOSAL, INC. AND CITY
OF SAN JUAN CAPISTRANO (RECYCLING PROGRAM) (600.30)
Written Communication:
Report dated September 4, 1990, from the Assistant City
Manager, summarizing the three components necessary to
implement the state -mandated proposed curbside recycling
program in conjunction with the Cities of Dana Point and San
Clemente. Phase I of the program is anticipated to begin
October 3, 1990, in two selected neighborhoods, at a cost of
$2.48 per residence. The program will be re-evaluated after
a six-month period to determine its effectiveness.
Mr. Scarborough made an oral presentation, noting that the
$2.48 cost per residence is guaranteed for a one-year period.
James Koutroulis of Solag Disposal suggested that the costs
be shared by both residential and commercial property owners
because of the program's general benefits to the City. He
noted that one of the mobile home parks on Alipaz Street may
be included in Phase I and that the bins would be picked up
at individual mobile homes.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that the Recycling
Agreement between the City and Solag Disposal, Inc. be
approved for Phase I of the curbside recycling program. The
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Mayor and City Clerk were authorized to execute the agreement
on behalf of the City. There was a consensus of Council that
the costs for the program be shared equally in the City.
DIRECTOR OF PUBLIC LANDS AND FACILITIES
1. APPROVAL OF AGREEMENT - EXTERIOR PAINTING. SAN JUAN
CAPISTRANO LIBRARY (RAIDER PAINTING CO.) (600.30)
written Communication:
Report dated September 4, 1990, from the Director of Public
Lands and Facilities, recommending that the low bidder,
Raider Painting Co., be awarded the contract to paint the
exterior of the Library. Due to the urgency of the
approaching rainy season, bids were not advertised; however,
six painting firms were notified, with four offering bids.
The County will reimburse the City 70% of the painting cost.
Approval of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that the contract between
the City and Raider Painting Co. for painting the exterior
of the San Juan Capistrano Library be approved in the amount
of $23,600.00. The Mayor and City Clerk were authorized to
execute the document on behalf of the City.
DIRECTOR OF COMMUNITY SERVICES
1.
Written Communication:
Report dated September 4, 1990, from the Director of Commu-
nity Services, recommending that the City's lease with the
Mission Trails Corral be extended for a one-year period.
Approval of Contract Extension:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried that the current contract
with Mission Trails Corral be extended to September 30, 1991.
The Mayor and City Clerk were authorized to execute the
document on behalf of the City.
ORDINANCES
1. ORDINANCE APPROVING REZONE 90-04 (CAPISTRANO BUSINESS PLAZA/ �\
DELGAR PARTNERS INC.) (ADOPTION) (460.20)
Written Communication:
Report dated September 4, 1990, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
August 21, 1990, and was scheduled for adoption.
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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 Buchheim,
seconded by Councilman Friess, that the following Ordinance
be adopted•
ORDINANCE NO. 672, REZONE 90-4 (CAPISTRANO BUSINESS
PLAZA/DELGAR PARTNERS. INC.) - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
REZONE 90-4 WHICH ALLOWS RESTRICTED OFFICE USES ON
A SITE PREVIOUSLY APPROVED FOR A HEALTH CLUB WITHIN
THE PLANNED DEVELOPMENT (PD) DISTRICT, SPECIFIC
DEVELOPMENT PLAN 81-2 (CAPISTRANO BUSINESS
PLAZA/DELGAR PARTNERS, INC.)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. ORDINANCE AMENDING TITLES 8 AND 9 OF THE MUNICIPAL CODE
REGARDING FLOODPLAIN LAND USE REGULATIONS (ADOPTION) (450.30/
460.301
Written Communication:
Report dated September 4, 1990, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
August 21, 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 Buchheim,
seconded by Councilman Friess, that the following Ordinance
be adopted:
ORDINANCE NO. 673, AMENDMENTS TO TITLES 8 AND 9 OF
THE MUNICIPAL CODE REGARDING FLOODPLAIN LAND USE
REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 8-12.107,
9-3.503, 9-3.504, 9-3.612, AND 9-3.620 OF THE
MUNICIPAL CODE REGARDING PROVISIONS REGULATING
AREAS OF 100 -YEAR FLOODPLAIN
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE PLANNING COMMISSION (110.20)
written Communication:
Report dated September 4, 1990, from the Assistant City
Manager.
Appointment of Planning Commission?r/Declaration of Vacancy:
It was moved by Councilman Friess, seconded by Councilman
Bland, with Councilman Schwartze abstaining, to appoint
Dennis Haehn to the Planning Commission and to declare a
vacancy on the Traffic and Transportation Commission. The
City Clerk was authorized to advertise the vacancy.
2. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (LEAGUE OF
CALIFORNIA CITIES CONFERENCE) (140.20)
Written Communication:
Report dated September 4, 1990, from the City Clerk, advising
that the Annual League of California Cities Conference was
scheduled for October 21-24, 1990, in Anaheim, and citing the
need to appoint representatives to attend the General
Business Session on October 23rd.
Appointment of Delegates:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried that Councilman Schwartze be
appointed as the voting delegate and Mayor Hausdorfer as the
alternate delegate to represent the City at the General
Business Session of the League's Annual Conference.
ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Councilman Friess noted that construction for the
northern section of the Foothill Corridor has been put
out to bid.
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b. San Joacruin Hills Transportation Corridor (800.50)
Councilman Friess noted that the corridor agency is
moving forward with the design -and -build process and has
contacted some of the world's finest construction firms.
Construction of the corridor is anticipated to begin in
1991, with the first phase completed in 1994.
COUNCIL COMMENTS
1. FALL 1990 RECREATION BROCHURE (960.10)
Mayor Hausdorfer commended the Community Services Department
on this year's recreation brochure depicting agricultural
uses in the City.
CLOSED SESSION
Council recessed to a Closed Session at 9:00 p.m. for discussion
of property acquisition matters relating to open space, the City
Clerk being excused therefrom, and reconvened at 9:32 p.m.
There being no further business before the Council, the meeting
was adjourned at 9:32 p.m. to the next regular meeting date of
Tuesday, September 18, 1990, at 7:00 p.m. in the City Council
Chamber.
ATTEST:
G Y L HAUSDORFER, MA OR
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
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