89-0404_CC_Minutes_Regular MeetingAPRIL 41 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 Father Paul
Martin of the Mission 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; Mary Ann
Hanover, City Clerk; 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 G. Merrell, Director of Community Planning
and Development; Thomas L. Baker, Director of Community
Services; Nancy Bernardi, Recording Secretary.
MINUTES
Regular Meeting of March 21, 1989:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of March 21,
1989, be approved. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: None
ABSTAIN: Councilman Friess
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NOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, that all Ordinances be read by title only. The
motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION DESIGNATING APRIL 1989 AS "EARTHQUAKE
PREPAREDNESS MONTH" (610.40)
written Communication:
Report dated April 4, 1989, from the City Clerk, forwarding
the Proclamation.
Approval of Proclamation:
After Mayor Hausdorfer read the Proclamation in full, it
was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that the month of April,
1989, be designated as Earthquake Preparedness Month.
Mayor Hausdorfer encouraged the public to become involved
with earthquake preparedness and to share the information
that the City has made available with friends and
neighbors.
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,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
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1. REPORT—OF LOS RIO5 REVIEW COMMITTEE ACTIONS (400.50
The Report dated April 4, 1989, from the Secretary of the
Los Rios Review Committee, regarding actions taken at the
meeting of March 23, 1989, was ordered received and filed.
2. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20
The Report dated April 4, 1989, from the Secretary of the
Parks and Recreation Commission, regarding actions taken
at the meeting of March 20, 1989, was ordered received and
filed.
3. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
4.
The Report dated April 4, 1989, from the Secretary of the
Planning Commission, regarding actions taken at the meeting
of March 28, 1989, was ordered received and filed.
As set forth in the Report dated April 4, 1989, from the
City Clerk, the hearing on the appeal of the Planning
Commission action of March 14, 1989, as filed by Theodore
Stroscher in conjunction with the sign program for Plaza
del Obispo, was set for the next regular meeting date of
Tuesday, April 18, 1989.
5. DIMENSION CABLE TELEVISION CHANNEL REALIGNMENT (1000.40)
As set forth in the Report dated April 4, 1989, from the
Director of Administrative Services, the following
Resolution was adopted:
RESOLUTION NO. 89-4-4-1. APPROVAL OF EXPANDED
AND REORGANIZED CABLE CHANNEL LINEUP - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN
EXPANDED AND REORGANIZED CABLE CHANNEL LINEUP
The Resolution authorized the expansion and reorganization
of the television channel lineup by Dimension Cable in
south Orange County. New channels to be added include
American Movie Classics, C -SPAN for Senate hearings, KSCI
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for multi-lingual programming, and another home shopping
service. In addition, two additional pay-per-view
channels will eventually be activated.
APPROVAL OF WARRANTS (300.301
This item was removed from the Consent Calendar at the
request of Councilman Friess. It was then moved by
Councilman Schwartze, seconded by Councilman Buchheim and
carried with Councilman Friess abstaining, that the List
of Demands dated March 23, 1989, in the total amount of
$1,046,188.06, be approved as submitted.
RECESS AND RECONVENE
Council recessed at 7:06 p.m. to convene the San Juan
Capistrano Community Redevelopment Agency, and reconvened at
7:07 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVIEW OF TRIAL COURT DECISION BIA V CITY OF SAN JUAN
OF MORATORIUM ORDINANCES 639 AND 641 (420.30)
Written Communications:
Report dated April 4, 1989, from the City Manager and a
memorandum from the City Attorney dated March 29, 1989,
forwarding the Urgency Ordinance and advising the City not
to appeal the decision of Superior Court Judge McDonald
which prohibited the City's enforcement of Measure X.
The City Manager stated that the City would be exposed to
claims for a period of two years for monetary damages for
loss of use to property, for additional expenses of
carrying the properties during the period of delay, and
for lost profits if the decision were appealed. These
risks are uninsurable. Direct attorney's costs were
estimated to be between $100,000 to $200,000, with the
possibility of the City having to pay the attorney's fees
for the opposing side should the City lose the appeal. He
felt that the probability of winning the appeal appeared
small, with possible significant financial loss if the
appeal were unsuccessful.
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It was the consensus of the Council that those portions of
Measure X that were found to be applicable and reasonable
in the eyes of the court, as well as the public sentiment
toward the passage of Measure X, be considered for
improving the City's growth management program.
Councilman Bland indicated that the City has already taken
many steps to reduce the commercial and residential
projects to fit into the image desired for the City.
Mayor Hausdorfer noted that he was not in support of
Measure X because,' as it was written, it did not
specifically apply to the City of San Juan Capistrano and
that the growth management ordinance was a far stronger
device for monitoring growth in the City than Measure X.
He added that the City should be sensitive to
infrastructure and that the Council believes in growth
management. Councilman Buchheim stated that the City has
one of the best growth management ordinances in
California, but that it can be improved upon in a
rational, calm manner.
Determination Not to Appeal and 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 Buchheim, that the City
not appeal the cases of BIA v. City of San Juan Capistrano
and Verde San Juan v. City of San Juan Capistrano, and
that the following Urgency Ordinance be adopted:
ORDINANCE NO. 645. REPEALING URGENCY ORDINANCES
NOS. 639 AND 641 (URGENCY) - AN URGENCY
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REPEALING URGENCY ORDINANCES 639 AND
641 ESTABLISHING ZONING MORATORIUM (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
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The Urgency Ordinance repealed Urgency Ordinances Nos. 639
and 641 and determined that it is no longer necessary to
create a moratorium period within which to evaluate
proposed projects for their compatibility with Measure X.
The Ordinance took effect immediately.
2. APPEAL OF CITY MANAGER'S ADMINISTRATIVE DETERMINATION
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Written Communication:
Report dated April 4, 1989, from the City Manager
regarding an appeal received from TMC Development of the
City Manager's administrative determination and requesting
an exemption of the Pacific Pointe project from the City's
Moratorium or Urgency Ordinance 639.
It was determined that no action was necessary due to the
repeal of Urgency Ordinances 639 and 641.
3. CONSULTING AGREEMENT - FINANCIAL ADVISORY SERVICES
(FIELDMAN ROLAPP & ASSOCIATES) (600.30)
written Communication:
Report dated April 4, 1989, from the City Manager
forwarding a proposed agreement for professional
consulting services for municipal financial advice in
connection with the financing and preservation of open
space, as authorized by the City Council on February 21,
1989. The primary purpose of the financial consultant
would be to assist in the formulation of a coordinated
plan to finance the purchase of the open space property.
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
following be approved:
1. Agreement for Consulting Services with Fieldman,
Rolapp & Associates to provide municipal financial
advisory services regarding the acquisition of
agricultural and other lands for park, open space,
and other public community services; and
2. A budget appropriation in the amount of $15,000 to
cover the preliminary cost of this activity.
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4. AGREEMENT WITH THE CITY OF MISSION VIEJO FOR TRAFFIC
SIGNAL AT THE INTERSECTION OF VIA ESCOLAR AND RANCHO VIEJO
ROAD (600.30)
_Written Communication:
Report dated April 4, 1989, from the City Manager
forwarding the proposed agreement with the City of Mission
Viejo for the construction of a traffic signal system at
the intersection of Via Escolar and Rancho Viejo Road in
an effort to provide a higher level of safety and improved
traffic flow through both communities. This first joint
project with the City of Mission Viejo is scheduled for
completion prior to the opening of the fall school season.
Funds are budgeted in the 1992-93 Capital Improvement
Budget, and a budget appropriation will be made when the
plans and specifications are approved by the City Council.
Mayor Hausdorfer expressed the City's appreciation to the
City of Mission Viejo for its cooperation on this project.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
agreement with the City of Mission Viejo for the
construction of a traffic signal system at the corner of
Via Escolar and Rancho Viejo Road be approved.
5. REQUEST FOR FUNDS FOR INTERNATIONAL CHEERLEADING
COMPETITION (CAPISTRANO VALLEY HIGH SCHOOL) (515.80)
Written Communication:
Report dated April 4, 1989, from the Senior Management
Assistant regarding a request from the Capistrano Valley
High School Cheerleading and Songleading Squads for
financial assistance to compete at an International
Cheerleading Competition to be held in Chicago on April 7
through April 9, 1989. The City's contribution would
amount to $330, representing $10 for each member.
Approval of Contribution:
It was moved by Councilman Bland, seconded by Councilman
Schwartze, and unanimously carried that funding in the
amount of $330 for the Cheerleading and Songleading Squads
of Capistrano Valley High School for their International
Cheerleading Competition be approved.
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6, ESTABLISHMENT OF DEPOSIT SYSTEM FOR COMMUNITY PLANNING AND
DEVELOPMENT (420.23)
written Communication:
Report dated April 4, 1989, from the Assistant City
Manager proposing that the City change from a fee
structure for planning and zoning applications to a
deposit system in order to finance the Community Planning
and Development Department's use of planning consultants
to help process the high volume of applications in a
timely manner. Under the new system, the applicant would
submit an application cash deposit to the City when the
application is filed, and the cost of processing the
application would be paid out of the deposit. The purpose
of the new system is to ensure that an applicant pays only
the amount of money necessary to reimburse the City for
the cost of processing the application while assuring full
cost recovery for the City.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO 89-4-4-2 ESTABLISHING DEPOSIT
SYSTEM FOR PROCESSING OF DEVELOPMENT PLANS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CITY
RESOLUTION 83-7-5-1 RELATING TO AN AMENDMENT OF
DEVELOPMENT FEES FOR THE PROCESSING OF
DEVELOPMENT PLANS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
ADMISSION OF THE CITY OF DANA POINT AS A PARTY TO THE SAN
JOAQUIN HILLS TRANSPORTATION CORRIDOR (800.50)
Written Communication:
Report dated April 4, 1989, from the City Manager stating
that the admission of Dana Point to the San Joaquin Hills
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Transportation Corridor was a continuation of the program
previously established by the County prior to the
incorporation of Dana Point.
Adoption of Resolution and Approval of Amendment:
It was moved by Councilman Schwartze, seconded by
Councilman Bland that the following Resolution be adopted:
RESOLUTION NO. 89-4-4-3, SUPPORTING ADMITTANCE
OF THE CITY OF DANA POINT TO SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AGREEING TO ADMIT THE
CITY OF DANA POINT AS A PART TO THE SAN JOAQUIN
HILLS TRANSPORTATION CORRIDOR AGENCY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution authorized the Mayor and City Clerk to
attest the Amendment No. 1 to the First Amended and
Restated Joint Exercise of Powers Agreement Creating the
San Joaquin Hills Transportation Corridor Agency.
8. CONTRACT MODIFICATIONS - STEPHEN C. KUHN & ASSOCIATES.
INC. (600.30)
Written Communication:
Report dated April 4, 1989, from the Senior Management
Assistant, requesting that the amount of the contract with
Stephen C. Kuhn & Associates, Inc. be increased by $4,000
for 48 additional hours of consulting time, totaling
$28,400. The contract increase was requested because the
scope of the overall project had expanded beyond what was
originally anticipated (e.g. extended interview process
and coordination of project management meetings).
Approval of Amended Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
Amendatory Agreement for consulting services with
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Stephen C. Kuhn & Associates, Inc. be approved, increasing
the contract by $4,000, totaling $28,400. The transfer of
the $4,000 was authorized from the general fund reserve to
the personnel division specialized service account.
DIRECTOR OF PUBLIC WORKS
1.
written Communication:
Report dated April 4, 1989, from the Director of Public
Works forwarding the Scope of Work prepared by the
Floodplain Management Committee for developing a
comprehensive floodplain management program for the City.
The team of Robert Bein, William Frost and Associates
(engineering services), The SWA Group (landscape
architectural services), and Lawrence Associates (planning
services) were recommended as consultants to prepare the
program. Also requested was an amendment to the City
budget to provide the necessary funding for consultant
services, estimated to be $45,000 to $50,000, in addition
to costs for City staff time.
Approval of Program and Consultants and Authorization of
Budget Amendment:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that:
a. The Floodplain Management Committee be
authorized to proceed with preparation of the
floodplain management program;
b. The selection of Robert Bein, William Frost and
Associates, The SWA Group, and Lawrence
Associates be approved as the consulting team to
prepare the floodplain management program under
the direction of the Floodplain Management
Committee;
C. A budget amendment be authorized transferring
$20,000 for the preparation of the. floodplain
management program from the City's General Fund
Reserve into Account No. 01-6213-4410 (Public
Works Administration - Special Services); and
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d. Staff be directed to include $30,000 in the
1989-90 City budget.
A Consulting Services agreement with Robert Bein, William
Frost and Associates will be presented for Council
approval at a future meeting.
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Capistrano Valley Wastewater Authority (1040.60)
Councilman Buchheim noted that the cost of developing
a new plant will probably be a little higher than
originally anticipated but that the cost is in line.
Another meeting will be held April 6 with the
committee to study what types of processes the City
desires for the plant, and the recommendations will
be discussed at the April 18 Board meeting.
b. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim stated that the plant is
functioning with a high degree of efficiency and that
the SERRA budget is being reviewed with increases to
be anticipated.
C. San Juan Basin Authority (1050.60)
Councilman Buchheim stated that the Capistrano Beach
Water District decided to withdraw from the Basin
Authority the first part of April, and the committee
is now trying to determine what allotment Capistrano
Beach should receive. The Trabuco Water District is
being brought in to replace the Capistrano Beach
District. The dam project, which he noted is also a
flood control measure, has been put on hold.
COUNCIL COMMENTS
1. SAN JUAN DODGE
Councilman Friess noted that the number of cars on display
at the San Juan Dodge dealership appeared to be more than
what was originally approved. The Community Planning and
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Development Department was requested to check into this
possible violation and to report the findings back to the
Council.
There being no further business before the Council, the meeting
was adjourned at 7:30 P.M. to the next regular meeting date of
Tuesday, April 18, 1989, at 7:00 p.m. in the City Council
Chamber.
ATTEST:
ARY HAUSDORFER, MA OR
Respectfully submitted,
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MARY ANN OVER, CITY CLERK
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