89-0502_CC_Minutes_Regular MeetingMAY 2, 1989
REGULAR MEETING OF THE CITY COUNCIL
OF TIM 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 Pastor Tony
Louch of the Capistrano Valley Church.
ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor
Lawrence P. Buchheim, Councilman
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw,
City Attorney; George Scarborough, Assistant City Manager;
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; Cheryl Johnson, Deputy City Clerk; Nancy
Bernardi, Recording Secretary.
MINUTES
Regular Meeting of April 18, 1989:
It was moved by Councilman Bland, seconded by Councilman Friess,
that the Minutes of the Regular Meeting of April 18, 1989, be
approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
ABSTAIN: Councilman Schwartze
-1-
5/2/89
MOTION TO BEAD BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman Friess,
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 May, 1989 as "Senior Citizens'
Month" (610.40)
2.
Written Communication:
Report dated May 2, 1989, from the Director of Community
Services, forwarding the Proclamation as a tribute to the
senior citizens in the community and noting the picnic to
be in their honor on May 19, 1989.
Presentation of Proclamation:
Mayor Hausdorfer read the Proclamation in full, and with
the consensus of Council, proclaimed May, 1989, as "Senior
Citizens' Month." Mr. Wilson Buckner, President of the San
Juan Seniors Club, accepted the Proclamation on behalf of
the seniors in the community.
Written Communication:
Report dated May 2, 1989, from the City Clerk, forwarding
the Proclamation.
Presentation of Proclamation:
Mayor Hausdorfer read the Proclamation in full, and with
the consensus of Council, proclaimed Saturday, May 13,
1989, as "Fire Service Recognition Day." The Proclamation
was presented to Battalion Chief Dan Matthews.
-2-
5/2/89
3.
4.
r 60
Written Communication:
Report dated May 2, 1989, from the City Clerk, forwarding
the Proclamation in recognition of the outstanding and
vital services performed by City Clerks and their
dedication to public service.
Presentation of Proclamation:
With the consensus of Council, Mayor Hausdorfer proclaimed
the week of May 7 though May 13, 1989, as "City Clerk's
Week." The Proclamation was presented to the Deputy City
Clerk.
Written Communication:
Report dated May 2, 1989, from the Senior Management
Assistant, forwarding the Proclamation and noting the
activities to take place during that week.
Presentation of Proclamation:
Mayor Hausdorfer read the Proclamation in full, and it was
moved by Councilman Bland, seconded by Councilman Friess,
and unanimously carried to proclaim the week of May 14
through May 20, 1989, as "Historic Preservation Week." The
Proclamation was presented to Tony Forster, Vice Chairman
of the Cultural Arts and Heritage Commission.
CONSENT CALENDAR
It was moved by Councilman Bland, 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:
NOES:
ABSENT:
Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
None
None
-3-
5/2/89
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated April 20, 1989, in the total
amount of $605,388.55, was approved as submitted.
2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.30)
The City Treasurer's Report of Cash Fund Balances for the
month of July, 1988, in the total amount of $367,601.50,
was approved as submitted.
3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated May 2, 1989, from the Secretary of the
Architectural Board of Review, regarding actions taken at
the meeting of April 19, 1989, was ordered received and
filed.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(910.60)
The Report dated May 2, 1989, from the Senior Management
Assistant, regarding actions taken at the meeting of March
28, 1989, was ordered received and filed.
5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated May 2, 1989, from the Secretary of the
Parks and Recreation Commission, regarding actions taken
at the meeting of April 17, 1989, was ordered received and
filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated May 2, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of April 25, 1989, was ordered received and
filed.
7.
As set forth in the Report dated May 2, 1989, from the
Director of Public Works, the public improvements for the
above -referenced tracts were completed and accepted by the
City Inspector.
-4-
5/2/89
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 89-5-2-1. COMPLETION OF PUBLIC
IMPROVEMENTS - TRACTS 12736, 12737, 12738,
12739, AND 12740 (PORTION OF GLENFED AREAS E AND
El - 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 PUBLIC
IMPROVEMENTS - TRACTS 12736, 12737, 12738,
12739, AND 12740 (PORTION OF GLENFED AREAS E AND
F)
The Resolution accepted the work as complete. The City
Clerk was directed to forward a Notice of Completion to
the County Recorder within ten days of acceptance, and
staff was authorized to exonerate the Faithful
Performance, Labor and Material and the Monumentation
sureties upon the expiration of thirty-five days from the
filing of the Notice of Completion.
8. MEREDITH CANYON. ALTO CAPISTRANO, LOS AMIGOS. LOS CORRALES
SLURRY SEAL - AWARD OF CONTRACT (600.30)
As set forth in the Report dated May 2, 1989, from the
Director of Public Works, the contract for the slurry
sealing of streets within Meredith Canyon, Alto
Capistrano, Los Amigos, and Los Corrales was awarded to
Valley Slurry Seal, of Sacramento, in the amount of
$41,801. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
9. CONTRACT FOR ENGINEERING SERVICES FOR FLOOD PLAIN
MANAGEMENT PROGRAM (ROBERT BEIN. WILLIAM FROST &
ASSOCIATES) (600.30)
As set forth in the Report dated May 2, 1989, from the
Director of Public Works, the contract with Robert Bein,
William Frost and Associates, for engineering services for
the Flood Plain Management Program was approved in the
amount—of $29,700. The Mayor was authorized to execute
the contract on behalf of the City.
-5-
5/2/89
10. REJECTION OF APPLICATION FOR FILING OF LATE CLAIM (SMITH)
(170.10)
An application to File Late Claim received by the City on
April 4, 1989, from the law offices of John R. Cogorno on
behalf of Thomas Smith, Jr., a minor, arising from a
July 24, 1988, burn injury from a barbecue pit, was
denied, as set forth in the report dated May 2, 1989, from
the City Attorney.
11. QUITCLAIM OF TEMPORARY STREET EASEMENT ON VIA TERRAZA
LOTS 10 AND 11 TRACT 5996 (670.501
As set forth in the Report dated May 2, 1989, from the
Director of Public Works, the temporary easement for a
cul-de-sac area on Via Terraza was quitclaimed to the
owners of Lots 10 (Ronald Sully) and 11 (J.G.M. Jones),
Tract 5996. The Mayor and City Clerk were authorized to
execute the deeds for recording.
12. CITY VEHICLES - AWARD OF CONTRACT (370.30)
As set forth in the Reports dated May 1 and May 2, 1989,
from the Director of Public Works, the contract for the
purchase of two City vehicles (one mid-size utility truck
and one half -ton pickup) was awarded to Allen GMC in the
amounts of $14,616.34 and $12,877.94, respectively.
13. ROSAN RANCH - ONE-YEAR EXTENSION OF SUBDIVISION
IMPROVEMENT AGREEMENT (600.30)
As set forth in the Report dated May 2, 1989, from the
Director of Public Works, a one-year extension of the
Subdivision Agreement and Letter of Credit for Rosan Ranch
was approved. The City Clerk was directed to record the
Amendment to the Subdivision Agreement.
This item will be rescheduled for the meeting of May 16,
1989. —
-6-
5/2/89
64
RECESS AND RECONVENE
Council recessed at 7:15 p.m. to convene the San Juan
Capistrano Community Redevelopment Agency, and reconvened at
7:27 p.m.
ADMINISTRATIVE ITEMS
CITY ATTORNEY
_PROPOSED AMENDMENT TO THE MUNICIPAL CODE - REGULATIONS
GOVERNING GATE -GUARDED NEIGHBORHOODS (820.901
Written Communication:
Report dated May 2, 1989, from the City Attorney,
forwarding the draft Ordinance establishing regulations
affecting applications for the installation of private
gate -guarded neighborhoods. Input was received from all
affected departments, including the Fire District,
Sheriff's Department, Water District, Planning, Public
Works, and the City Manager's Office. The Ordinance would
ensure adequate review by City staff and City Council and
that public health and safety concerns were satisfied
before a gate facility is installed.
Mr. Shaw indicated that any applications currently pending
would not be "grandfathered;" and, as such, the Ordinance
would not apply.
Don Stott, 33781 Shamrock Lane (Connemara), inquired as to
the progress of his current application for a gate -guarded
neighborhood and stated his desire to proceed. The City
Manager indicated that his application would probably be
reviewed by the City Council within 30 days. Mr. Murphy
noted that this particular location has two entrances,
with one having a car stacking problem, and asked that the
applicant work with City staff to resolve the problem so
that the application can proceed as quickly as possible.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance next in
order.— Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Friess,
seconded by Councilman Buchheim, that the following
Ordinance be introduced:
-7-
5/2/89
165
Ann ruA�rra i3 GATE GUARDED NEIGHBORHOODS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 13 ENTITLED
"REGULATIONS GOVERNING GATE -GUARDED
NEIGHBORHOODS" TO TITLE 8, "BUILDING
REGULATIONS" OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
DIRECTOR OF COMMDNITY PLANNING AND DEVELOPMENT
COMMDNITY PLANNING AND DEVELOPMENT
1.
Written Communications:
Report dated May 2, 1989, from the Director of Community
Planning and Development, forwarding the April 18th Staff
Report and setting forth five additional conditions to be
incorporated into the proposed Resolution for
Architectural Control 88-1.
Public Input:
At the meeting of April 18, 1989, a motion to approve
Architectural Control 88-1 and Zone Variance 88-5 failed
by a 2-2 vote, and the item was continued so that
Councilman Schwartze, who was absent at the April 18
meeting, could listen to tapes of the meeting.
The following persons addressed Council:
Carolyn Nash, Planning Commissioner, stated the
Commission's objections to the number of cars
currently parked in front of dealerships in town as
&n-- attention -getting device and that conditions
should be imposed now to restrict that use. Ms. Nash
also stated the Commission's desire to reduce the
lighting level on the entire site.
-8-
5/2/89
2. Michael Alex, applicant, agreed with all conditions
imposed by staff, except he asked that his dealership
be allowed to display new cars in the front row
instead of in the middle of the site.
3. Richard Adams, 33532 Valle Road, expressed the
opposition of the majority of the residents in his
neighborhood to this project on the belief that the
land is overburdened, lights will be too bright, the
use is a poor entrance to the City, increased
traffic, and safety concerns. If the project were
approved, however, he requested that the owner be
required to construct a monument entry into Forster
Ranch with an electric gate to ensure safety and
prohibit test-drives from the dealerships in the
area, to be constructed prior to the issuance of
building permits. Mr. Adams also requested that a
covenant of restrictions that runs with the land be
imposed on the property to uphold all present
conditions of approval in case of future sale of the
property, and that punitive damages be levied against
the owner if conditions are violated or ignored.
Councilman Bland felt that the cost of the electric gate,
if approved, should be shared with the other dealerships
in the area if test drives are being conducted in the
neighborhood by other dealerships. Councilman Bland
stated that infrastructure improvements should be
constructed immediately due to the increasing demand in
the area.
Councilman Friess stated that the use was too intense for
the site and the site could be designed so that a variance
would not be necessary.
Councilman Schwartze stated that he had reviewed the tapes
and read the minutes of the April 18 meeting.
Regarding the question of imposing a covenant of
restrictions on the property, Mr. Shaw reiterated that it
would not be necessary because the Resolution documents
would be fully enforceable regardless of any change in
ownership.
Approval of Architectural Control:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried with Councilman Friess
-9-
5/2/89
LW
voting in the negative, to approve Architectural Control
88-1 with the following additional condition:
The developer shall be responsible for the
installation of a state-of-the-art electric gate at
the entrance into Forster Ranch.
Approval of Zone Variancen:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO 89-5-2-23 ZONE VARIANCE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ZONE
VARIANCE 88-5
The motion carried by the following vote:
AYES:
Councilmen
Schwartze,
Bland,
and Buchheim
NOES:
Councilman
Friess and
Mayor
Hausdorfer
ABSENT: None
DIRECTOR OF PUBLIC WORKS
1. ACCEPTANCE OF GRAM' OEEu -
Written Communication:
Report dated May 2, 1989, from the Director of Public
Works, regarding an easement submitted by Remington
Development for a storm drain which required realignment
due to minor grading alterations during the construction
of Tract 13025. Councilman Friess abstained from voting
due to the proximity of his residence to the project.
AcceDtance of Easemen
It was moved by Councilman
Councilman Bland, and unanimously
drain easement be accepted from
The City Clerk was authorized to
the County Recorder.
-10-
Buchheim, seconded by
carried that the storm
Remington Development.
forward the document to
5/2/89
written Communication:
Report dated May 2, 1989, from the Director of Public
Works, recommending that an easement submitted by
Remington Development for a storm drain which required
realignment due to minor grading alterations during the
construction of Tract 13025 be quitclaimed back to the
property owner. Councilman Friess abstained from voting
due to the proximity of his residence to the project.
Approval of Ouitclaim:
It was moved by Councilman Buchheim, seconded by
Councilman Schwartze, and unanimously carried that the
quitclaim for the storm drain easement, Tract 13025, Lot
23, be approved. The Mayor and City Clerk were authorized
to execute the document, for forwarding to the County
Recorder.
3. CONSIDERATION OF COOK PARK ATHLETIC FIELDS REPLANTING -
REVIEW OF PROPOSAL AND AWARD OF CONTRACT (BOTACO.. INC.)
(600.30)
Written Communication:
Report dated May 2, 1989, from the Director of Public
Works, reviewing the situation between the City and
Carlson Landscaping in regard to the lawn growing program
for the athletic fields at Cook Park. Due to the
necessity of replanting the fields by fall 1989 and the
contract dispute between the City and Carlson Landscaping,
an informal proposal method was chosen and a waiver of the
competitive bid process was requested.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
RESOLUTION NO. 89-5-2-3, WAIVING FORMAL BID
REQUIREMENTS - INSTALLATION OF GRASS STOLONS AT
e64DK PARK - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING EXPENDITURE OF FUNDS WITHOUT
COMPLIANCE OF FORMAL BID REQUIREMENTS RELATING
TO INSTALLATION OF GRASS STOLONS (COOK PARK)
-11-
5/2/89
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution waived the competitive bid process. The
contract was awarded to BotaCo., Inc., of San Juan
Capistrano, in the amount of $49,922; funds in the amount
of $29,722 were appropriated from the Parks and Recreation
Fund to project Account No. 12-6213-4704-104.
TRAFFIC SIGNAL INSTALLATION CAMINO CAPISTRANO/ACJACHEMA
Written Communication:
Report dated May 2, 1989, from the Director of Public
Works, regarding bids received for the Camino Capistrano/
Acjachema Street Traffic Signal Installation Project, as
well as input received from the Traffic and Transportation
Commission and Planning Commission.
Award of Contract:
It was moved by Councilman Buchheim, seconded by
Councilman Friess, and unanimously carried that the
contract for the Camino Capistrano/Acjachema Street
Traffic Signal Installation Project be awarded to Signal
Maintenance, Inc., of Anaheim, in the amount of $56,245.
The Mayor and City Clerk were authorized to execute the
contract on behalf of the City.
5. REDUCTION OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (345.20)
Written Communication:
Report dated May 2, 1989, from the Director of Public
Works, regarding the request of the Capistrano Royale
Homeowners' Association to assume responsibility for
landscape maintenance, the administration of all
contracts, inspections, accounts, and other necessary
services, for the Goeden Tract if a reduction of the
Landscape Maintenance District is approved. Lots 1 - 10
and 29 of Tract 11904 are not members of the Homeowners
-12-
5/2/89
Association and will remain within the Landscape
Maintenance District #1. The development declared
bankruptcy prior to completion of the tract, and
responsibility for landscape maintenance was transferred
to the City as district administrator. A cash fund was
set up at that time to handle the expenses prior to the
time that the City would be receiving the revenue through
the tax rate from the County of Orange, and a percentage
share of this fund is proposed to be returned to the
Homeowners' Association for the specific purpose of
maintenance. Official documents finalizing the new
District boundaries will be forwarded for approval at a
later date. Exhibits were on display.
Mr. Murphy noted a petition received May 2, 1989, signed
by 17 residents in opposition to the staff's
recommendation.
The following persons addressed Council:
1. Derek Pope, 29792 Monarch Drive, Chairman of the
Landscape Committee of the Homeowners' Association,
reviewed actions taken by the Association in regard
to the responsibility for landscape maintenance,
noted the expertise of individuals on the Committee,
and spoke in favor of reducing and returning the
District to the Association.
2. Dan Alfonzo, 30011 Imperial Drive, spoke in
opposition to the proposal and referred to an open
letter addressed to all homeowners in opposition to
the proposal. In addition, he questioned the ability
and expertise of the Committee to handle the
Landscape District and suggested that cost impacts
and potential tax advantages be thoroughly
investigated before action is taken to transfer
responsibility.
3. Gary Keller, 29611 Monarch Drive, President of the
Homeowners' Association, reviewed past discussions
with the City and City Attorney regarding the matter
and spoke in favor of the reduction and management of
the District by the Landscape Committee.
4. Gary Baldridge, 29791 Monarch Drive, member of the
Landscape Committee, spoke in favor of the reduction
of the District and the Landscape Committee.
-13-
5/2/89
5.
Frank Boscarini,
of the proposal
the petition.
29591 Monarch Drive, spoke in favor
and advised there misstatements in
6. Wesley Miller, 29565 Monarch Drive, member of the
Landscape Committee, spoke in favor of reducing the
District as proposed.
It was the consensus of Council that it was never the
intent of the City to assume permanent responsibility for
temporary landscape maintenance districts within the City
and that responsibility should be returned to the
homeowners' association when the time is appropriate.
Approval of Landscape District Reduction:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
concept of reducing Landscape Maintenance District No. 1
to include only those properties who are non -association
members (11 lots) be approved. Staff was directed to
prepare and report the official documents finalizing the
new District's boundaries, and $30,000 was authorized t0
be transferred from the Landscape Maintenance District
No. 1's cash advance fund to the Homeowners' Association
on July 1, 1989.
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. League of California Cities (140.20)
Councilman Schwartze stated
considering bills for new
planning in Orange County.
Mr. Julian may become the
Manager's Department of the
that the League will be
Board of Transportation
He also noted that
President of the City
League.
1. SAN JUAN DODGE. ARCHITECTURAL CONTROL 88-5 (410.601
Councilman Bland noted that the problem with the large
number of cars still parked in and around the San Juan
Dodge dealership had not yet been resolved. The City
Manager indicated that in addition to a City inspector
-14-
5/2/89
issuing a citation to
met with the general
conditions of approval
to comply with the
regulations; however,
order to relocate some
the dealership, he and Mr. Merrell
manager to advise him of their
The manager indicated his desire
conditions of approval and City
he requested additional time in
of his inventory.
Mr. Julian stated that as soon as a timetable for
compliance has been developed, a report will be submitted
to the Council.
EQUESTRIAN TRAIL - LOVE TRACT (930.40)
Councilman Friess indicated his desire to commence the
policy discussion for the funding of trails before the
budget process begins and stated that he has been in
communication with several of the Love Tract residents who
have requested progress reports. The City Manager
explained that the action taken by the City Council had
not yet been implemented due to concerns expressed by
residents in the area regarding multiplicity of easements,
ownership of the easements, and the conveyance to other
parties. Mayor Hausdorfer explained that no action will
be taken to implement the Council action until all
easements are clarified and requested that residents be
kept updated on a regular basis.
HISTORIC PRESERVATION GRANTS (910.50)
Mayor Hausdorfer noted the memo dated April 27, 1989, from
the Senior Administrative Assistant, advising that the
City's four grant applications to the State Office of
Historic Preservation had not been recommended for funding
as sufficient funds were not available from the State.
Staff was directed to forward copies of correspondence
with the State Historic Preservation Officer to Senator
Bergeson and that the Senator be kept apprised of grant
applications prior to their submittal so that the City can
obtain assistance from Sacramento.
CLOSED GESSION
Council recessed to a Closed Session at 9:05 p.m. for
discussion of personnel matters, the Deputy City Clerk being
excused therefrom, and reconvened at 9:52 p.m.
-15-
5/2/89
r 73
There being no further business before the Council, the meeting
was adjourned at 9:52 p.m. to the next regular meeting date of
Tuesday, May 16, 1989, at 7:00 p.m. in the City Council
Chamber.
ATTEST:
ARY L. HAUSDORFER, MAYOR
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
CHERYL JgRNSON, DEPUTY CITY CLERK
-16-
5/2/89