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89-0321_CC_Minutes_Regular Meetingr�01 MARCH 21j 1989 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 Whitney White of the Baha'i Faith. ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor Lawrence P. Buchheim, Councilman Anthony L. Bland, Councilman Phillip R. Schwartze, Councilman ABSENT: Kenneth E. Friess, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw, City Attorney; George Scarborough, Assistant City Manager; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas Tomlinson, City Planner; Thomas L. Baker, Director of Community Services; Cheryl Johnson, Deputy City Clerk, Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of March 7. 1989: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of March 7, 1989, be approved as amended, to add the following sentence at the end of Item 4 on Page 3: "If he intends to keep that grading which is generally in the shape of a road, he will need to proceed through the City process for permits, specific grading plans, engineering, etc." The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess -1- 3/21/89 r Ont NOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Bland, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess PRESENTATIONS AND COMMENDATIONS 1. LITTLE LEAGUE - PRESENTATION OF PLAQUE TO CITY COUNCIL (130.40) The City Manager presented a plaque to the City Council on behalf of the local Little League showing its appreciation for the City's creation of the new senior field at Buchheim Field near San Juan Elementary School. Mayor Hausdorfer thanked the League for their recognition. ORAL COMMUNICATIONS 1. REQUEST FOR GATED COMMUNITY (CONNEMARA II) (820.90) Don Stott, 33781 Shamrock Lane, President of Connemara II Homeowners Association, spoke regarding the Association's request for the conversion of three public streets to private streets, with the gates to remain unlocked during daylight hours. Mr. Stott summarized the history of the request, communications with City staff, long delays in receiving feedback from the City, and financial considerations. Mayor Hausdorfer and the City Manager explained that the City has received numerous requests for gated communities, that the City is in the process of putting together a uniform set of guidelines for approval of these requests, and that nothing could be done until the potential effect of Measure X had been determined. The City Manager apologized for the delay by the City in communicating these facts to Mr. Stott. Mr. Murphy 1 indicated that a policy had been drafted and that input I from other departments would be available within four weeks. The matter has taken a low priority in relation to Measure X and other development projects. Mayor Hausdorfer -2- 3/21/89 r 003 directed that a written response be sent to Mr. Stott relative to the comments made at this meeting and encouraged Mr. Stott to keep in close communication with City staff. CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated March 9, 1989, in the total amount of $1,335,616.88, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of February 28, 1989, in the total amount of $19,135,937.50, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60) The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of February 28, 1989, was approved as submitted. 4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION (910.60 The Report dated March 21, 1989, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of February 28, 1989, was ordered received and filed. -3- 3/21/89 REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated March 21, 1989, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of March 13, 1989, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated March 21, 1989, from the Secretary of the Planning Commission, regarding actions taken at the meeting of March 14, 1989, was ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated March 21, 1989, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meetings of February 8 and 22, 1989, was ordered received and filed. 8. COOK PARK PARKING LOT AND DRAINAGE CHANNEL - PLANS, SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS (600.30) As set forth in the Report dated March 21, 1989, from the Director of Public Works, the plans and specifications were approved to improve the flow of storm waters in the exiting drainage channel and to provide a paved parking area for marked spaces enhanced by landscaped areas east of the two existing Cook Park ballfields and adjacent to the stables area. These two capital improvement projects were combined into one bidding document to obtain the best possible bid and to maximize City staff resources. Total estimated cost for both projects is $97,512, with a total of $53,643.80 currently available in the projects' budget accounts, amounting to a shortfall of $43,878.20. At the time of bid award, the City Council will determine whether the project budget should be increased or the project scope reduced. Staff was authorized to call for bids. MARCO FORSTER RESTROOMS - PLANS. SPECIFICATIONS_. AND AUTHORIZATION TO RECEIVE BIDS (600.30) As set forth in the Report dated March 21, 1989, from the Director of Public Works, the plans and specifications were approved for the construction of a 250 -square -foot building to house restroom facilities and space for storage of playfield equipment between two ballfields at the Marco -4- 3/21/89 1005 Forster Junior High School playfields. Construction plans were reviewed and approved by the Capistrano Unified School District Board on November 21, 1988. Estimated cost for this Capital Improvement Program project is $70,987, with funds budgeted in the amount of $80,000. Staff was authorized to call for bids. 10. TRABUCO CREEK BIKEWAY AWARD OF CONTRACT (NOTTSON CONSTRUCTION) (600.30) As set forth in the Report dated March 21, 1989, from the Director of Public Works, the contract for the construction of the Trabuco Creek Bikeway, situated generally between Rancho Viejo Road and Camino Capistrano, was awarded to Nottson Construction of Sun City, in the amount of $70,965.45. As the Consultant Engineer's estimate for the project was approximately $103,000, the project's budget was amended to be increased from $80,000 to $90,000. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 11. DENIAL OF CLAIM - PROPERTY DAMAGE (PACIFIC BELL) (170.70) The claim received by the City on February 1, 1989, from Pacific Bell in the amount of $10,874.51 for property damage resulting from a contractor for Chrysler Corporation digging up a 900 -pair underground cable at Camino Capistrano and Avenida Aeropuerto, was denied, as set forth in the report dated March 21, 1989, from the City Attorney. 12. DENIAL OF CLAIM - PERSONAL INJURY (ERIC BLACKMAN) (170.70) The claim received by the City on February 17, 1989, from the law offices of Shernoff, Scott & Bidart, on behalf of Eric T. Blackman, in the amount of $5,515,000 for injuries resulting from being struck by an Amtrak train on August 20, 1988, was denied, as set forth in the report dated March 21, 1989, from the City Attorney. This was the second claim filed on this matter, the first received on December 12, 1988, which was subsequently denied by the City Council. RECESS AND RECONVENE Council recessed at 7:23 p.m. to convene the San Juan Capistra- no Community Redevelopment Agency, and reconvened at 7:24 p.m. -5- 3/21/89 ADMINISTRATIVE ITEMS CITY MANAGER 1. APPEAL OF CITY MANAGER'S ADMINISTRATIVE DETERMINATION PURSUANT TO URGENCY ORDINANCE 639 - PACIFIC POINT (FORSTER CANYON) PROJECT (TMC DEVELOPMENT INC.) (420.301 Written Communications: Report dated March 21, 1989, from the City Manager requesting that the' appeal to the City Manager by TMC Development be continued until such time as a determination is made relative to the use of Urgency Ordinance 639 due to the fact that Measure X was found unconstitutional by the courts. Letter dated March 16, 1989, from Michael J. Schlesinger of TMC Development indicating concurrence with the continuation. Continuation of Appeal: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that the appeal of the City Manager's administrative determination by TMC Development to develop a piece of property was continued to the meeting of April 4, 1989, so that clarification can be made relative to the continuation of Urgency Ordinance 639. 2. CONSIDERATION OF TWO RESOLUTIONS BY THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES - RENTAL ASSISTANCE PROGRAM AND CABLE TELEVISION SERVICES (140.20) Written Communication: Report dated March 21, 1989, from the Assistant City Manager forwarding two resolutions from the Orange County Division of the League indicating support from the City for the following two issues: a. Rental Assistance Program - This Resolution supports the continuation of the Section 8 Rental Assistance Program, which is funded by the U.S. Department of _ Housing and Urban Development and provides low-income families with decent, safe, and sanitary housing at affordable prices. As Federal regulations will reduce the Orange County Housing Authority's assistance by 2,700 units by 1990, the Resolution recommends that -6- 3/21/89 r ®o7 HUD and the U.S. Congress take appropriate action to continue the assistance provided through the Section 8 Rental Assistance Program. b. Cable Television Services - This Resolution calls for the National League of Cities to set a higher priority in its efforts for cable revisions and to move the issue to the forefront of their agenda since the Cable Television Act of 1984 and the Post -Cable Act court decisions severely restricted local governments' abilities to ensure consumer protection. Main issues of concern are greater protection from First Amendment claims of operators, clarification of jurisdictional boundaries between federal, state, and local authorities, a broader definition of effective competition allowing local regulation of basic rates, and broader standards for local governments regarding renewals and basic technical standards which are now preempted by the FCC. Support for Resolutions: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the City support the following Resolutions: RESOLUTION P-5-89 - RESOLUTION OF THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES IN SUPPORT OF THE CONTINUATION OF SECTION 8 RENTAL ASSISTANCE PROGRAM RESOLUTION P-4-89 - RESOLUTION OF THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR THE NATIONAL LEAGUE OF CITIES TO SET A HIGHER PRIORITY IN ITS EFFORTS FOR CABLE TELEVISION AGREEMENT FOR CONSULTING SERVICES (ELLIS HART) (600.30) Written Communication: Report dated March 21, 1989, from the City Manager, recommending and forwarding a proposed agreement with Ellis/Hart Associates, Inc. as public affairs consultants for a program regarding the acquisition of agricultural and other lands for park, open space, and public community services, pursuant to the City Council's request of February 21, 1989. The primary purpose of the consultant -7- 3/21/89 is 'to assist the City in communicating its program and objectives clearly to the citizens, to assist in soliciting vital public opinion and input regarding the types and kinds of facilities desired, to assist in �l ascertaining the public's support for various proposals, and to ensure that the community is kept abreast of the progress being made on a regular basis. As the item was not included in the 1988-89 fiscal budget, a budget appropriation is required. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the agreement with Ellis/Hart Associates, Inc. to provide public affairs consulting services regarding the acquisition of agricultural and other lands for park, open space, and other public community services, be approved. Budget appropriation was also approved for this activity, not to exceed $25,000. 4. REORGANIZATION OF SECRETARIAL FUNCTIONS IN THE COMMUNITY PLANNING AND DEVELOPMENT DEPARTMENT (100.301 Written Communication: Report dated March 21, 1989, from the Assistant City Manager outlining the reorganization of the secretarial functions in the Community Planning and Development Department. Approval of Reorganization: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried that one additional Secretary position be authorized for the Community Planning and Development Department, and that a budget amendment be approved in the amount of $7,303 to fund the position through the end of the fiscal year. CITY ATTORNEY 1. URGENCY ORDINANCE AMENDING SECTION 8-1.07 OF TITLE 8 "BUILDING REGULATIONS" OF THE MUNICIPAL CODE RELATING TO BUILDER'S HOURS OF OPERATION (450.30) Written Communication: Report dated March 21, 1989, from the City Attorney recommending a code amendment to restrict the delivery of material, supplies, and construction equipment associated -8- 3/21/89 '`009 with on-site building operations between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:30 a.m. to 4:30 p.m. Saturdays. Adoption of Urgency Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Bland, that the following Urgency Ordinance be adopted: ORDINANCE NO. 644, AMENDING BUILDING REGULATIONS RELATING TO HOURS OF OPERATION (URGENCY) - AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 8-1.07 OF TITLE 8 "BUILDING REGULATIONS" OF THE MUNICIPAL CODE RELATING TO BUILDERS HOURS OF OPERATIONS (URGENCY) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. Written Communication: Report dated March 21, 1989, Community Planning and Development the Planning Commission's decision to deny the color modification Corporate Plaza. from the Director of regarding the appeal of on February 28, 1989, request for San Juan The City Planner gave the staff presentation. The color palette proposed by the applicant and the color palette originally approved by the Planning Commission were on display. Mr. Tomlinson stated that it was the Planning Commission's concern, at their meeting of February 28, that the white color proposed for the building by the 3/21/89 010 applicant was too stark in appearance, not compatible with adjacent buildings in the area, and not consistent with the general color palettes of other buildings in the City. It was noted that the building was already painted with the applicant's proposed colors prior to the applicant requesting approval for the color modification from the Planning Commission, but this fact did not influence the Planning Commission's decision to deny the color modification. Walter Gayner of Republic Commercial Company, 22952 Alcalde Drive, Laguna Hills, pointed out the differences between the original rendering of the project -and the colors that presently exist. Mr. Gayner emphasized that the reason for the color modification was his desire to create a more traditional -looking building and based his color scheme on historical buildings of the Santa Barbara area, which staff informally supported. He explained that because of numerous unforeseen obstacles which occurred on his property during construction (e.g. groundwater problems) and to speed up the construction process after being five months behind on the project, he went ahead and painted the buildings without review and approval by the Architectural Board of Review and the Planning Commission. Gil Jones, 31791 Los Rios, clarified the position of the Planning Commission that when the colors were originally approved by the Planning Commission, it was specifically indicated at that time that any modification to the color palette required another review and approval process. Approval of the modifications after they have been completed is not appropriate and upsets the development process and is not fair to other developers who adhere to the process. It was the general feeling of the Council that the applicant should be severely admonished for violating the development process and that the applicant's decision to move ahead was technically incorrect. However, due to the many favorable comments that were received by individual Councilmen regarding the appearance of the Plaza, it was decided that returning to the original color palette at much expense to the developer did not seem warranted. It was also felt that the white paint used for the building would weather with time and tone down in brightness. -10- 3/21/89 roll Upholdina of Anneal: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the appeal of the Planning Commission's decision regarding the color modification to the site plan, AC 85-3, for the San Juan Corporate Plaza, be upheld, with the colors to remain as presently existing on the building. HISTORIC DEPICTION PROGRAM - AC 87-9 (SELIGMAN) (610.30) Written Communication: Report dated March 21, 1989, from the Director of Community Planning and Development regarding the proposed historic depiction program for Capistrano Business Center, a mixed- use office, light industrial, and service commercial business park located near the westerly terminus of Paseo Espada within Planning Sector B of the Ortega Planned Community. The City Planner gave a brief staff presentation, summarizing the reviews of the Architectural Board of Review, Cultural Arts and Heritage Commission, and the Planning Commission, with all three recommending approval. As President of the Sister Cities Association, Councilman Schwartze suggested that the city in Argentina to which the swallows depart San Juan Capistrano be changed from Buenos Aires to the correct city of Goya. Approval of Historic Depiction Program: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the historic depiction program for AC 87-9 be approved, subject to the following condition: The proposed bronze plaque at the edge of the pool honoring the Swallow of San Juan Capistrano shall include a brief summary as recommended by the Cultural Arts and Heritage Commission, as follows: "The legend of the swallows' return to San Juan Capistrano was passed down through generations of the early Indians that once inhabited this region. The earliest documentation of the swallows returning to San Juan Capistrano was -11- 3/21/89 012 recorded by Father Fermin Fuster on March 19, 1777. The swallows arrive at the Mission of San Juan Capistrano yearly on March 19 and depart to Goya, Argentina, on October 23. San Juan Capistrano is a designated bird sanctuary." 3. CONFIRMATION OF TREE INSPECTOR'S DECISION TO APPROVE THE REMOVAL OF 21 EUCALYPTUS TREES ADJACENT TO SAN JUAN CREEK ROAD AT CAMINO LACOUAGUE (LACOUAGUE RANCH) (410.90) Written Communications: Report dated March 21, 1989, from the Director of Community Planning and Development, forwarding the report of the tree inspector, Robert B. Nesbitt, Jr. of Nesbitt and Associates, which recommended removal of 21 eucalyptus trees from an existing windrow along San Juan Creek Road adjacent to the Lacouague Ranch property and requested a drip irrigation system be installed in order to improve the health of the remaining trees, with the property owner to remove the illegal fill adjacent to the trees. In accordance with the maintenance agreement with the City, the property owner is to install 21 replacement trees. The removal of trees and installation of a drip irrigation system was estimated at $6,000. Letter to the City Council from the property owner, Jean P. Lacouague, regarding the inspector's proposal. Jean Lacouague, 28612 San Juan Creek Road, read his letter aloud regarding the detrimental effects of pruning the subject trees in July 1988; earth fill around certain tree trunks; negative impact on trees from severe winters of 1978-81 and beetle infestation; license agreement with the City; question of low rainfall effect on trees; plantings of oleanders, California live oaks, and Canary Island pines (at property owner's expense); care of the trees, and his requests for the removal of the trees. He stated that if Dividend Development continues the grading along San Juan Creek Road and construction of a perimeter wall, the City's cost for the removal of the trees will be much higher since the trees could not simply be bulldozed out. Mr. Lacouague requested that all 42 trees be removed due ) to the Borer Beetle infestation and potential liability therefrom, that the oaks and pines be allowed to grow -12- 3/21/89 r 0T 02 unimpeded with proper care, and that he will try to withhold the construction of the perimeter wall in order to decrease the cost of removing the trees. Approval of Tree Removal: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that: (1) All 42 trees be removed; (2) Oak and pine trees to grow unimpeded, with Mr. Lacouague providing proper care; (3) Mr. Lacouague to try to delay the perimeter wall construction by Dividend Development; (4) The license agreement between the Mr. Lacouague and the City to become void upon removal of trees; and (5) Mr. Lacouague to be reimbursed for legal fees regarding the license agreement, not to exceed $1,000. 4. PROPOSED DEVELOPMENT PROJECTS (440.10) Written Communication: Report dated March 21, 1989, from the Director of Community Planning and Development advising that two Intent to File for Development Review applications were received by the City since the last report of February 21, 1989. The report was received and filed. DIRECTOR OF PUBLIC XORRB 1. STATUS REPORT CITY WASTEWATER TREATMENT PROJECTS (1040.60) written Communication: Report dated March 21, 1989, from the Director of Public Works regarding the status of the Capistrano Valley Wastewater Authority and the SERRA facility projects, with an update to be presented at the April 4 Council meeting. The report was received and filed. -13- 3/21/89 2. written Communication: Report dated March 21, 1989, from the Director of Public Works recommending acceptance of the $90,000 grant by CALTRANS, which was filed by the City in November 1988 from the Bicycle Lane Account, to be used to supplement funding for the construction of the Vereda Bikeway from Camino Capistrano to the Descanso Bridge. Engineering estimate for design and construction is $356,000. In addition to budgeted funds, $125,000 will be allocated from the Orange County Transportation Commission, with remaining funds to come from the Parks and Recreation Fund. Acceptance of Grant: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted: RESOLUTION NO 89-3-21-1. ACCEPTANCE OF GRANT FUNDS - VEREDA BIKEWAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ACCEPTANCE OF GRANT FUNDS - VEREDA BIKEWAY, CAMINO CAPISTRANO TO DESCANSO BRIDGE. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess The Resolution accepted the Grant Award from CALTRANS in the amount of $90,000, and the Mayor was authorized to execute the Local Agency -State Agreement No. B.L.A. No. 9-89 to construct a CL -1 bikeway (the Vereda Bikeway). DIRECTOR OF COMMUNITY SERVICES 1. RENOVATION OF DESCANSO PARK - AUTHORIZATION TO REQUEST STATE CONSTRUCTION GRANT (920.40) Written Communication: Report dated March 21, 1989, from the Director of Community Services regarding the availability of state- -14- 3/21/89 r 010 administered federal funds from the Land and Water Conservation Fund to be used for the Capital Improvement Project proposed for the rehabilitation of Descanso Park, with $20,000 presently appropriated for the preparation of construction plans and specifications. The project's cost is estimated to be $81,688, and the grant funds will represent one half of all eligible estimated project costs. Authorization of Application: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted: RESOLUTION 89-3-21-2. APPLICATION FOR GRANT FUNDS - DESCANSO PARK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE DESCANSO PARK PROJECT The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess The Resolution authorized the filing of an application for grant funds to assist in the rehabilitation of Descanso Park and designated the City Manager as the agent for the City in this matter. COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern and San Joaquin Hills Transportation Corridors (800.50) It was noted that the corridors are currently involved in environmental and cost studies. -15- 3/21/89 1. 016 b. Councilman Bland reported that at the last meeting a ., recommendation was made to the Board of Supervisors to increase the gate fee by 42% for the disposal of hazardous waste. It was noted that the City of Irvine has a pilot program for curbside service for household toxic waste. There is a lack of suitable sites for the disposal of this waste, and the entire county will be affected. COUNCIL COMMENTS 1. Railway Night Construction (820.451 Mayor Hausdorfer noted memo from Jennifer Williams regarding nighttime construction by the Santa Fe Railway, in the vicinity of the Depot, to commence March 16, 1989, between 10:00 p.m. and 6:00 a.m. During .those hours, however, trains will not run. 2. Heritage Festival (150.60) Mayor Hausdorfer expressed appreciation to Tom Baker, City staff, and members of the community who participated in the Heritage Festival and encouraged the community to work toward creating more opportunities for young people. 3. Citizen of the Year (Darnold) (610.401 Mayor Hausdorfer congratulated Mike Darnold, who was in attendance and is the recipient of San Juan Capistrano's Citizen of the Year Award. CLOSED SESSION Council recessed to a Closed Session at 8:30 p.m. for discussion of legal matters, the Deputy City Clerk being excused therefrom, and reconvened at 9:17 p.m. -16- 3/21/89 There being no further business before the Council, the meeting was adjourned at 9:17 p.m. to the next regular meeting date of Tuesday, April 4, 1989, at 7:00 p.m. in the City Council Chamber. ATTEST: GAR L. HAUSDORFER, YOR Respectfully submitted, MARY ANN HANOVER, CITY CLERK CHERYL J NS0 , DEPUTY CITY CLERK -17- 3/21/89 01 7