90-1211_CC_Minutes_Adjourned Regular Meeting329
DECEMBER 11, 1990
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California was called to order by Mayor
Friess at 7:02 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Pastor
Arch Rutherford of the Coast Bible Church.
ROLL CALL: PRESENT: Kenneth E. Friess, Mayor
Lawrence F. Buchheim, Councilman
Gil Jones, Councilman
Jeff Vasquez, Councilman
ABSENT: Gary L. Hausdorfer, Councilman
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;
Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Jones,
and unanimously carried that all Ordinances be read by title only.
ORAL COMMUNICATIONS
1. COMMUNITY SERVICES DIRECTOR APPOINTMENT (740.30)
Carlot Negrete urged that the City appoint candidate Jose
Aponte as the new Director of Community Services and
presented news articles describing Mr. Aponte's activities
and contributions to the community. Mr. Aponte is presently
serving as the director of the library.
Catalina Senkbeil, in charge of the volunteer tutoring center
' at San Juan Elementary School, concurred with Mr. Negrete's
recommendation to appoint Jose Aponte to the position of
Director of Community Services.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman Jones,
that the staff recommendations be accepted for the following items
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listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Buchheim, Jones,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
1. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of November 30,
1990, in the total amount of $6,750,000, was approved as
submitted.
REPORT OF IAS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated December 11, 1990, from the Director of
Planning, regarding actions taken at the meeting of
November 29, 1990, was ordered received and filed.
BUILDERS F&N PROJECTS) (670.50)
Mayor Friess inquired about problems regarding V -ditches and
hillside drainage, and Mr. Wellington indicated that the
drainage problems related to this item had been resolved.
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted approving and
accepting the Amendment to Storm Drain Easement for the
properties located at 27112 and 27152 Highland Drive, as set
forth in the Report dated December 11, 1990, from the Interim
Director of Engineering and Building:
PROJECTS) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ACCEPTING AN AMENDMENT TO A STORM ^I
DRAIN EASEMENT WITHIN LOTS 24 AND 25, TRACT 10103
(THE ACREAGE/INTERAMERICAN BUILDERS/F&N PROJECTS)
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The motion carried by the following vote:
AYES: Councilmen Buchheim, Jones,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
The Mayor was directed to execute the Amendment on behalf of
the City, and the City Clerk was authorized to forward the
document to the Orange County Recorder's Office.
RESOLUTION, NOTICE OF COMPLETION. AND FINAL REPORT
STREET IMPROVEMENTS 33375 CAMINO CAPISTRANO - ARCHITECTURAL
CONTROL 85-8 (BARWICK IMPORTS/WHITING-TURNER) (600.30)
In response to Councilman Jones, Mr. Wellington advised that
the concerns regarding compliance with details in the
construction documents were being discussed with the
applicant and are expected to be resolved shortly.
It was moved by Councilman Jones and seconded by Councilman
Buchheim that the following Resolution be adopted declaring
the construction of improvements south of San Juan Dodge (AC
83-8), including Barwick Imports' portion (AC 85-8), to be
complete as set forth in the Report dated December 11, 1990,
from the Interim Director of Engineering and Building:
RESOLUTION NO. 90-12-11-2. COMPLETION OF_STREE
IMPROVEMENTS - CAMINO CAPISTRANO FROM 1100 FEET
SOUTH TO 1540 FEET SOUTH OF AVENIDA AEROPUERTO -
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
CONSTRUCTION OF STREET IMPROVEMENTS - CAMINO
CAPISTRANO FROM 1100 FEET SOUTH TO 1540 FEET SOUTH
OF AVENIDA AEROPUERTO
The motion carried by the following vote:
AYES: Councilmen Buchheim, Jones, Vasquez
and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
The Resolution accepted the work as complete in the amount
of $109,306 and directed the City Clerk to forward a Notice
of Completion to the County Recorder. The Faithful
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Performance Bond in the amount of $41,400 was exonerated, and
staff was authorized to release the 10$ retention in the
amount of $10,931 thirty-five (35) days after recording the
Notice of Completion.
PUBLIC HEARINGS
1. HEARING TO RECEIVE PUBLIC COMMENT ON ENVIRONMENTAL
IMPACT REPORT SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR 800.50
Proposal:
The purpose of this hearing was to receive comments relative
to the adequacy of the draft EIR prepared on the San Joaquin
Hills Transportation Corridor. Pertinent comments will be
presented at the Agency's public hearing on the draft EIR in
February 1991 by Mayor Friess, who is the City's voting
representative to the San Joaquin Hills Transportation
Corridor Agency. That hearing was tentatively scheduled for
February 14, 1991, in the City Council Chamber at Santa Ana
City Hall at 9:30 a.m.
Written Communication:
Report dated December 11, 1990, from the Director of Plan-
ning, summarizing the background of the corridor and the two
alignment options. The Report included a letter dated
November 19, 1990, from Thomas Tomlinson, Planning Manager,
to Steven Letterly, Environmental Manager of the Transporta-
tion Corridor Agencies, forwarding the City's comments on the
draft EIR.
Exhibits were on display, including large aerial photographs
of the area impacted by the proposed corridor and drawings
showing the proposed Option #1 and Option #2 alignments.
Mayor Friess summarized the background of the corridor and
its proposed alignment. The City's main concerns are whether
the impacts of building the corridor can be satisfactorily
mitigated.
Gene Foster, Transportation Corridor Agency (TCA) Engineer,
reviewed the history of early traffic studies and projec-
tions, the various EIRs submitted, and the differences
between Option #1 and alternative Option #2• The Agency is
proposing that "mitigation monitoring" be utilized to help
residents determine the type and severity of each impact so
that each can be addressed and mitigated separately. It was
noted that sound walls were required as a part of the
Interstate 5 construction.
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Response to Concerns of Village San Juan Residents:
Mayor Friess made the following comments in response to a
flyer received by the residents of Village San Juan outlining
concerns with the corridor's impacts to their neighborhoods:
Alignment #1•
(1) No townhomes near the lake will be taken; the corridor
will remain within the existing freeway right-of-way.
(2) Rancho Viejo Road is proposed to be widened to a four -
lane road. Mayor Friess agreed that a document listing
all areas impacted by the corridor was confusing and
requested clarification.
(3) The addition of four lanes to Interstate 5 will lie
within the existing freeway right-of-way and would be
used to accommodate new on- and off -ramps of the
corridor.
(4) A transit lane to the corridor will occur within the
existing right-of-way.
(5) No homes will be taken by either alternative.
(6) The Montessori School will not be taken by either
alternative; safety concerns willd be mitigated.
Alignment #2•
(7) Via Escolar will not be impacted by Alignment #1, but
Alignment #2 will have the road going under, not over,
the freeway, providing direct access to Camino
Capistrano.
(8) The projected 40,000 vehicles per day does not represent
additional vehicles but includes those exiting local
arterials that are currently being used as an alterna-
tive to the present transportation system.
Receipt of Public Comments:
The following comments were made by those in attendance.
• Pollution (fumes) and noise impacts need to be addressed.
• The resultant decrease in property values to homes near
the corridor should be addressed in the EIR.
• A problem was noted with obtaining correct Air Quality
Management District information with regard to levels of
pollution in specific areas of San Juan Capistrano. Staff
was directed to investigate the concern.
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• A suggestion was made that road widening be done on the
west side of the freeway rather than the east side.
• In response to outright opposition to construction of the
corridor, Mayor Friess explained that there is already an
existing approved alignment and it would be most effective
to specifically address any and all inadequacies of the
draft EIR.
• It was agreed that comments regarding the draft EIR were
due November 14, 1990, but Mayor Friess indicated that the
public input would be included into a document that he
would prepare and submit to the Agency.
• It was noted that the low- to middle-income residents are
most impacted by the corridor and that the resultant
severe economic impacts should be addressed.
• A resident from Laguna Beach inquired whether grading was
already being done on the corridor at the off -ramp at E1
Toro Road. Mr. Foster indicated that no grading permits
have been issued for the corridor at present.
Council/Staff Comments:
• The exhibits will be on display in the City Hall lobby
through December 21, 1990, as well as at the public
hearing on January 8, 1991.
• Notices regarding this matter have been and will be placed
in the Capistrano Valley News, and news articles will be
placed in additional newspapers.
• Councilman Jones suggested that interested persons obtain
a copy of the City's answer to the draft EIR dated
November 26, 1990.
• Staff was directed to set up an informational meeting with
the residents of Village San Juan prior to the January 8,
1991, meeting.
• Mayor Friess encouraged the public to write or call
Supervisor Riley with relevant comments.
• Councilman Vasquez requested a history of the City's
involvement in the corridor. He suggested that an
outline be prepared informing residents how they can
participate in the process and urged that an extra effort
be made to keep the residents informed of upcoming public
hearing dates.
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Rescheduling of Hearing:
Due to the inability of the Council Chamber to accommodate
the number of persons in attendance, Mayor Friess stated that
the hearing would be rescheduled to Tuesday, January 8, 1991,
at 7:00 p.m. at Marco Forster Junior High School. Exhibits
will remain at City Hall for a week and Mayor Friess urged
the public to examine the exhibits and study the documents.
RECESS AND RECONVENE
Council recessed at 8:50 p.m. and reconvened at 9:05 p.m. Council
recessed at 9:06 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 9:24 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. RESOLUTION SUPPORTING THE REPEAL OF STATE BILL 2557 AND
THE PROTECTION OF CITY FINANCES FROM THE STATE BUDGET
PROCESS (660.40)
Written Communication:
Report dated December 11, 1990, from the City Manager,
recommending that the City support the repeal of Senate Bill
2557 which shifted city revenues to counties in order to
backfill State funding cuts for counties. One of the direct
effects on the City has been the assessment of $183 per
booking into the County jail system, amounting to an
unbudgeted increase to the City of $73,200 per year.
Sporting Repeal of Senate Bill 2557:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted:
RESOLUTION NO. 90-12-11-3. SUPPORTING REPEAL OF
SENATE BILL 2557 AND PROTECTION OF CITY FINANCES FROM
THE STATE BUDGET PROCESS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, SUPPORT-
ING THE REPEAL OF SENATE BILL 2557 AND THE PROTECTION
OF CITY FINANCES FROM THE STATE BUDGET PROCESS
The motion carried by the following vote:
AYES: Councilmen Buchheim, Jones,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
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DIRECTOR OF ADMINISTRATIVE SERVICES
1. APPROVAL OF LEASE AUKEEMWIT -
written Communication:
Report dated December 11, 1990, from the Director of Admini-
strative Services, recommending that due to performance
difficulties, Xerox Models 1090 and 5065 be leased to replace
Models 1075 and 1065 currently in use.
Approval of Lease Agreements:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that the Director of Admini-
strative Services be authorized to execute the 60 -month lease
agreements for Xerox Models 1090 and 1065 in the amounts of
$1,629.82 and $705.00 per month, respectively.
DIRECTOR OF PLANNING
1. INITIATION OF GENERAL PLAN AMENDMENT 90-08 - REQUEST TO
MODIFY THE CIRCULATION ELEMENT TO DELETE THE EXTENSION
OF VALLE ROAD AND AVENIDA CALITA. TRACT 14196 (TMC
COMMUNITIES/PACIFIC POINT PARTNERS L.P.) (440.25)
written Communication:
Report dated December 11, 1990, from the Director of Plan-
ning, forwarding a request from Pacific Point Partners, L.P.
to initiate a General Plan Amendment to delete the extensions
of both Valle Road and Avenida Calita from the Master Plan
of Streets and Highways, and to allow some minor
modifications in the graphic depiction of General Plan land
use boundaries. The requests are made to mitigate grading
impacts to the area.
Mr. Merrell noted that the initiation of a General Plan
Amendment does not infer any position or inclination of the
Council for approval of the Amendment but would simply
authorize staff to evaluate the proposed changes and initiate
the review process.
Initiation of General Plan Amendment Process:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted:
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RESOLUTION NO. 90-12-11-4. INITIATING GENERAL PLAN
AMENDMENT 90-08 (PACIFIC POINT PARTNERS. L.P.) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, INITIATING GENERAL PLAN
AMENDMENT 90-08 TO MODIFY THE CIRCULATION ELEMENT AND
THE MASTER PLAN OF STREETS AND HIGHWAYS TO DELETE THE
EXTENSION OF VALLE ROAD FROM ITS EXISTING TERMINUS,
TO DELETE THE EXTENSION OF AVENIDA CALITA FROM ITS
EXISTING TERMINUS; AND TO MODIFY THE GENERAL PLAN
MAP TO ADJUST LAND USE BOUNDARIES (PACIFIC POINT
PARTNERS, L.P.)
The motion carried by the following vote:
AYES: Councilmen Buchheim, Jones,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
DIRECTOR OF PUBLIC LANDS AND FACILITIES
1. STATUS REPORT - CALLE LUCANA NEIGHBORHOOD PARK (920.40)
Written Communication:
Report dated December 11, 1990, from the Director of Public
Lands and Facilities, noting that residents representing the
neighborhood located northwest of the corner of Alipaz and
Del Obispo had volunteered to work with the City to build a
community park in their neighborhood. With volunteer efforts
and donations by City staff, the Water District, a restau-
rant, and local contractors and suppliers totaling $19,726,
the community was able to build their own community park at
an approximate cost of only $9,000 to the City instead of the
projected $22,000.
Mayor Friess commended Mr. Sievers for his work on and
dedication to the project and the City Manager expressed
appreciation for the dedication shown by the staff at City
Hall.
Mr. Sievers introduced the three women who initiated the
project --Gayle Welsh, Jodi Nelson, and Kathy Collins --and
summarized the progress made on the park since their request
in May 1990. Mr. Sievers felt that this project could be
used as a model for other similar projects in neighborhoods
throughout the City and encouraged residents to work together
in a cooperative effort. A letter has been prepared for the
Mayor's signature thanking those who donated their time and
materials.
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Mayor Friess stated that good media coverage was important
to the success of the project and noted the full-page spread
to appear in the March 1991 issue of Sunset Magazine
featuring the park's volunteer efforts.
The Report was ordered received and filed.
ORDINANCES
1. AMENDMENT OF TITLE 4 OF THE MUNICIPAL CODE - TRAFFIC
REGULATIONS SPEED LIMITS (LA NOVIA AVENUE) (ADOPTION)
(590.30)
Written Communication:
Report dated December 11, 1990, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
December 4, 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 Jones, that the following Ordinance
be adopted:
ORDINANCE NO 680 AMENDMENT TO TITLE 4 OF THE
MUNICIPAL CODE TRAFFIC REGULATIONS SPEED LIMITS
(LA NOVIA AVENUE) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE
SPEED LIMIT ON LA NOVIA AVENUE TO 2,800 FEET EAST BY
AMENDING SECTION 4-6.501, ARTICLE 4, TITLE 4 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Buchheim, Jones,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
COUNCILMANIC ITEMS
1. REAPPOINTMENT OF CITY REPRESENTATIVE TO VECTOR CONTROL
DISTRICT (JAROLD B COLE) (560.50)
Written Communication:
Report dated December 11, 1990, from the City Clerk, forward-
ing a request from the District's Board of Trustees that
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Jarold B. Cole be reappointed for a two-year term as the
City's representative to the County Vector Control District.
Mr. Cole has been the City's representative since 1974.
Reappointment of Jarold B. Cole:
It was moved by Councilman Buchheim, seconded by Councilman
Vasquez, and unanimously carried that Mr. Cole be reappointed
as the City's representative to the Orange County Vector
Control District Board of Trustees for a two-year term ending
December 31, 1992.
2. SET JANUARY 1991 MEETING DATE
There was a consensus of the Council that the next regular
meeting of January 1, 1991, be rescheduled for Wednesday,
January 2, 1991, at 7:00 p.m. in the Council Chamber.
COUNCIL COMMENTS
1. U.S. CONFERENCE OF MAYORS (140.70)
Mayor Friess noted that the City's membership in the U.S.
Conference of Mayors was now due and the City Manager advised
that the matter would be evaluated during the mid -year budget
adjustment discussions.
CLOSED SESSION
Council recessed to a Closed Session at 10:02 p.m. for discussion
of legal matters with the Water District and property acquisition
matters regarding Open Space Bond properties (Swanner and Pearl
Williams/Messenger), the City Clerk being excused therefrom, and
reconvened at 11:30 p.m.
COUNCIL ACTIONS
1. ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEMS CLAIM (170.10)
Resolution Making Findings and Determination:
It was moved by Councilman Jones, seconded by Councilman
Buchheim, that the following Resolution be adopted making
findings and determination regarding the claim by the orange
County Employees Retirement System:
RESOLUTION NO. 90-12-11-5. CLAIM OF ORANGE COUNTY
EMPLOYEES RETIREMENT SYSTEM - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS
REGARDING CLAIM OF ORANGE COUNTY EMPLOYEES RETIREMENT
SYSTEM
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The motion carried by the following vote:
AYES: Councilmen Buchheim, Jones,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:30 p.m. to the next regular meeting date of
Tuesday, December 18, 1990, at 7:00 p.m. in the City Council
Chamber.
Respectfully submitted,
CHERYL HNSON# CITY CLERK
ATTEST:
,Lc.�/c/�
KENNETH E. FRIESS, MAYOFJ
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