89-0815_CC_Minutes_Regular Meeting167
AUGUST 15, 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 7:05 p.m. in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Mayor
Gary L. Hausdorfer.
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; 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 August 1, 1989:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the Minutes of the Regular Meeting of August 1,
1989, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
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MOTION 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 AUGUST 19 1989 AS "VOLUNTEER
FIREFIGHTER RECOGNITION DAY" (610.40)
Written Communication:
Report dated August 15, 1989, from the City Clerk,
forwarding the Proclamation.
Presentation of Proclamation:
After Mayor Hausdorfer read the Proclamation in full, it
was moved by Councilman Friess, seconded by Councilman
Buchheim, that August 19, 1989, be designated as "Volunteer
Firefighters Recognition Day." The motion carried by the
following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Proclamation was presented to Captain Dan Lacouague of
the Orange County Fire Department by the City Clerk, and
Mayor Hausdorfer expressed appreciation on behalf of the
City for the Volunteer Fire Department's efforts.
ORAL COMMUNICATIONS
1. CAPISTRANO VILLAS NEIGHBORHOOD PRESERVATION PROGRAM
Lynn Dague, 31262 Calle San Juan, spoke regarding the
Capistrano Villas neighborhood and Jeffrey Parker,
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Assistant to the City Manager, indicated that consideration
was being given to increasing Mr. Gomez's 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,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated July 27, 1989, in the total
amount of $771,348.19, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of July 31,
1989, in the total amount of $20,285,937.50, 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 July 31, 1989, was approved as
submitted.
4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated August 15, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of August 2, 1989, was ordered received and
filed.
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5. REPORT Or PLANNING COMMISCION ACTIONS (440.40)
The Report dated August 15, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of August 8, 1989, was ordered received and
filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated August 15, 1989, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of June 14, June 28, July 12, and
July 26, 1989, was ordered received and filed.
7. CITY DRAINAGE IMPROVEMENTS WhbT5UNNL' UNiva -
As set forth in the Report dated August 15, 1989, from the
Director of Public Works, the construction of the City
drainage improvements at Westborne Drive was completed.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO 89-8-15-1 COMPLETION OF CITY
DRAINAGE IMPROVEMENTS - WESTBORNE DRIVE
(HAUSCHILD CONSTRUCTION) - 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
CITY DRAINAGE IMPROVEMENTS - WESTBORNE DRIVE
(HAUSCHILD CONSTRUCTION)
The Resolution accepted the work as complete in the amount
of $24,761.94 and directed the City Clerk to forward a
Notice of Completion to the County Recorder. Staff was
authorized to release the 10% retention in the amount of
$2,476.19 thirty-five days after recording the Notice of
Completion.
8. LANDSCAPE MA1NTZNANCZ
As set forth in the Report dated August 15, 1989, from the
Director of Public Works, the five contracts totaling
$203,596.14 for the landscape maintenance of City parks,
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facilities, and the Capistrano Royale Landscape District
(originally contracted with Toyo Landscaping) and the
landscape maintenance of City parkways and landscape
districts (originally contracted with Capistrano Valley
Landscaping) were awarded to BotaCo. in the following
amounts for one year ending June 30, 1989:
City Parks
$81,056.25
City Parkways
75,240.00
City Facilities
12,650.00
Landscape Districts
28,049.89
Capistrano Royale
6,600.00
The Mayor and City Clerk were authorized to execute the
contract on behalf of the City.
The following two items from the Consent Calendar were
considered separately.
9. TRABUCO CREEK BIKEWAY - RESOLUTION. NOTICE OF COMPLETION,
AND FINAL REPORT (NOTTSON) (600.30)
As set forth in the Report dated August 15, 1989, from the
Director of Public Works, the construction of the Trabuco
Creek Bikeway from Rancho Viejo Road to Camino Capistrano
was completed.
Acceptance of Work:
It was moved by Councilman Bland, seconded by Council
Buchheim, and unanimously carried .that the following
3esolutioi: be adopted as amended:
ESOLUTION NO. 89-8-15-2, COMPLETION OF TRABUCO
CREEK BIKEWAY (NOTTSON CONSTRUCTION) - 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 THE TRABUCO CREEK
BIKEWAY (NOTTSON CONSTRUCTION)
The Resolution accepted the work as complete and directed
the City Clerk to forward a Notice of Completion to the
County Recorder. Staff was authorized to release the 10%
retention in the amount of $7,662.54 thirty-five days
after recording the Notice of Completion.
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10. ACCEPTANCE OF SEWER EASEMENT PARCEL 1 PARCEL MAP 46-32
HIDDEN VALLEY (MORALES) (670.50)
Pursuant to the Report dated August 15, 1989, from the
Director of Public Works, it was moved by Councilman
Schwartze, seconded by Councilman Buchheim, and carried by
a 4-0 vote, that the easement owned by Joe T. and Rose P.
Morales in the Hidden Valley area be accepted. The Mayor
and City Clerk were directed to execute the easement
document, and the City Clerk was directed to record the
document. Councilman Friess abstained due to a conflict
of interest.
PUBLIC HEARINGS
APPEAL OF A PLANNING COMMISSION DENIAL OF CONSTRUCTION OF
A BUILDING MATERIAL STORAGE YARD - CONDITIONAL USE PERMIT
88-6 AND SPR 89-5 (NORTH COUNTY SUPPLY) (460.70)
Proposal:
Consideration of a request to establish a landscape
materials storage yard and construct a new 934 square foot
building on land located behind the SDG&E substation at
Camino Capistrano and Calle Bonita, which request was
denied at the July 11, 1989, meeting of the Planning
Commission.
Applicant:
Mr. Tom Harper
Laguna Builders Supply
1975 Laguna Canyon Road
Laguna Beach, CA 92651
Written Communications:
Report dated August 15, 1989, from the Director of
Community Planning and Development reviewing the
background for the request and the reasons for the
subsequent denial by the Planning Commission; letter dated
August 15, 1989, from the applicant requesting a 30 -day
continuance of the hearing.
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Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and the following
persons responded:
1. Gladys Garvin, 30935 Paseo Mar Azul, submitted a
petition signed by homeowners in opposition to the
proposed lease permit.
2. Ray Peterson, 31121 Via Santo Tomas and president of
Capistrano Garden Homes No. 2, spoke in opposition to
the request and asked that consideration be given by
the Council to whether the business will deal in
wholesale or retail when and if the lease is drawn
up.
Steve Sladik, 30941 Paseo Mar Azul, stated that his
property backs up to the proposed business and spoke
in opposition to the request.
Continuance of Hearing:
There being no further public input, it was moved by
Councilman Friess, seconded by Councilman Buchheim, and
unanimously carried to continue the hearing to the meeting
of September 19, 1989, at the request of the applicant.
2. EXTENSION OF URGENCY ORDINANCE PERTAINING TO RIDGELINE
PRESERVATION (420.30)
Proposal:
Extension of Urgency Ordinance 648 adopted at the Council
meeting of July 18, 1989, for an additional 180 days.
Written Communications:
Report dated August 15, 1989, from the Director of
Community Planning and Development, explaining that
approval of the extension would allow sufficient time for
the current planning and zoning study to be considered by
the Planning Commission and City Council; letter dated
July 18, 1989, from Michael D. Rubin, attorney for Rutan
& Tucker, on behalf of Robert Mauer, seeking an exemption
of Mr. Mauer's property from this Ordinance.
Mr. Merrell made an oral presentation.
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Public Hearing•
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and the following
persons responded:
1. Dan Vangalis, 41870 Asteroid Way, Temecula, inquired
as to the effect the Ordinance would have on the
future construction of a house on property he owns in
the City, plans had been previously approved by the
Council. Mr. Merrell indicated that plans approved
prior to the adoption of the Ordinance would not be
affected by its provisions.
2. Roger Grable of Rutan and Tucker, attorneys for Robert
Mauer of Coral Properties, questioned the necessity
for the Ordinance and its application to Mr. Mauer's
proposed construction on his ridgeline property and
asked if the Council would ever consider granting a
waiver to allow Mr. Mauer to continue with his
construction plans. Mr. Merrell indicated that
exemptions would be considered on an individual basis.
It was the consensus of Council that Mr. Mauer be
encouraged to apply for a waiver to the Council for
his property.
There being no further public input, the hearing was
declared closed, with the right to reopen at any time.
Before the motion, Councilman Schwartze clarified that a
remeasurement of his property with respect to being within
300 feet of a ridgeline, the measurement now indicated his
property is outside the 300 -foot area and that he is
therefore eligible to participate in the motion.
Adoption of Urgency Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
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earlier in the meeting. It was moved by Councilman Friess,
seconded by Councilman Bland,, that the following Urgency
Ordinance be adopted:
ORDINANCE NO. 651 - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING
URGENCY ORDINANCE NO. 648 RELATING TO RIDGELINE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:42 p.m. to convene the San Juan
Capistrano Community Redevelopment Agency, and reconvened at
7:52 p.m.
CITY MANAGER
1. REQUEST FOR MODIFICATION TO CITY'S PERSONNEL
CLASSIFICATION. COMPENSATION PLAN, AND BUDGET
AUTHORIZATION COMMUNITY PLANNING AND DEVELOPMENT
DEPARTMENT REORGANIZATION (700.20)
Written Communication:
Report dated August 15, 1989, from the Assistant City
Manager, regarding the request to modify the City's
Personnel Classification and Compensation Plan and Budget
Authorization, which was approved at the August 1, 1989,
to include the 12 full-time and 3 part-time positions from
the reorganization of the Community Planning and
Development Department, at an estimated additional cost of
$491,900, to be appropriated from the General Fund
Reserve.
Mr. Scarborough made an oral presentation.
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2.
It was moved by Councilman Bland, seconded by Counc
Schwartze, that the following Resolution be adopted:
RESOLUTION NO 89-8-15-3 AMENDING THE CITY'S
PERSONNEL CLASSIFICATION AND COMPENSATION PLAN -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION
PLAN
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
An appropriation of $491,900 from the General Fund Reserve
was authorized.
Written Communication:
Report dated August 15, 1989, from the Assistant to the
City Manager, summarizing the background of consideration
of feeder trail alignments in the Love Tract and key
issues and submitting five alternatives for Council
consideration.
Mr. Parker gave an oral presentation and clarified the
alternatives. He indicated that he had received no
positive response for Alternative #2 from the property
owners he questioned that live along Aguacate Road.
Dick Spaulding, 31611 Sacarama Lane, noted that no one in
his area was notified of this agenda item and expressed
opposition to Alternative #2•
John Giangardella, 26141 Calle Roberto, spoke in _
opposition to Alternatives #2 and 4 and stated preference
for Alternative #3.
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John Pike, 31587 Aguacate Lane, noted that
this agenda item was received the
clarification on Alternatives
suggested that if the City were to
the property owners wished to
easement to each other, the City
the necessary documents.
previous
197
the notice for
day, asked for
#1 and #5. Mr. Julian
vacate the easement and
grant the use of the
Attorney would prepare
Donald Bryant, 31585 Aguacate Lane, also representing
Bruce Patterson and Bill and Sue McCook, voiced support
for Alternative #3.
Approval of Trail Alignments:
It was moved by Councilman Bland, seconded by Councilman
Friess, and carried by a 4-0 vote, with Councilman
Buchheim abstaining, that alternative #3 be approved to
resolve the equestrian/ hiking trail access in the Calle
Roberto/Love Tract area:
The Aguacate Lane/Calle Roberto equestrian/
hiking trail easement, as approved by the
Council at the meeting of January 17, 1989,
would be quitclaimed, and the private easement
on Aguacate Lane would be developed. At the
same time the 20 -foot easement, which is located
on the frontage of the properties on the north
side of Aguacate Lane and which was for the
future widening of Aguacate Lane but is no
longer required by the City, would be
quitclaimed back to the residents.
Staff was commended for their work on this matter, and
Councilman Bland asked that this alternative be
implemented as quickly and smoothly as possible.
3. EXTENSION OF AGREEMENT - SOLAG DISPOSAL (600.30)
Written Communication:
Report dated August 15, 1989, from the City Manager,
submitting for approval revised language regarding the
extension of the agreement and relocation of Solag
Disposal, which extension was originally approved by the
Council on February 21, 1989.
Mr. Julian noted that the additional language allows for
termination of the agreement by the City and that
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4.
relocation must be accomplished by Solag within 18 months
from the execution of the agreement.
Councilman Bland inquired if any mitigation measures had
been taken regarding the transferring of trash in the Los
Rios area. Mr. Parker stated that an attempt had been
made to reorganize the yard, and Mr. Julian noted that the
City has the right to maintain regular inspections.
Bill Hardy, chairman of the Los Rios Review Committee, on
behalf of the Committee and residents in the area,
commended the 18 -month limit for Solag to relocate and
noted the extensive amount of dust which could be
hazardous to health and the incessant noise from beepers
when trucks are backing up.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by
Councilman Friess, and unanimously carried that the
modifications to the Agreement for Solid Waste Collection,
be approved to 1994, and to include the relocation of the
facility within 18 months. The Mayor was authorized to
execute the agreement following a review by the City
Attorney.
Staff was directed to work with Solag to remedy the dust
and noise problems.
PURCHASE OF BUILDING INSPECTION VEHICLES (370.30)
Written Communication:
Report dated August 15, 1989, from the Assistant City
Manager, requesting that an exemption be granted to the
expanding Building Department to purchase three new
building inspection vehicles without the usual formal
bidding procedure. The 1989 "in stock" vehicles would be
purchased at dealer's cost, plus tax, totalling
approximately $36,000 and saving approximately $1,500 per
vehicle, and would be available for use much sooner than
if the formal bidding process was used.
Approval of Exemption:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
purchase of three building inspection vehicles totaling
$36,000 be exempted from the formal bidding procedure.
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. PROPOSED DEVELOPMENT PROJECTS (440.10)
Written Communication:
Report dated August 15, 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 July 18,
1989.
The report was received and filed.
2. PLANNING CONSULTANT SERVICES AGREEMENT (ZIMMER) (600.30)
Written Communication:
Report dated August 15, 1989, from the Director of
Community Planning and Development recommending that the
services of Rick Zimmer of The Synthesis Group be retained
as an administrative consultant to assist the City Planner
in managing current planning functions due to the recent
departure of the current Planning Section supervisor, at
a cost not to exceed $25,000. This position would be
retained through the recruitment period and a short
transition period.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
Agreement for Consultant Services with The Synthesis Group
for current planning services be approved at $65 per hour,
at a total cost not to exceed $25,000. The Mayor and City
Clerk were authorized to execute the Agreement on behalf
of the City.
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted that discussions were
taking place regarding composting at the Prima
Descheca site and the possibility of Capistrano Beach
using excess sludge capacity.
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b. San Joaquin Hills Transportation Corridor (800.50)
Councilman Friess indicated that alternatives to the
corridor's connection to Interstate 5 might be
considered in September or October for inclusion in
the EIR. He stated that the alternatives appear to
be far superior from an engineering standpoint and
less environmentally detrimental. The tentative date
for the corridor's completion is 1994.
C. League of California Cities (140.20)
Councilman Schwartze noted that the next meeting
would be held August 17, 1989, and that the League
was requesting a response from City Councils
regarding SB 838 by Senator Berguson for action at
that meeting.
COUNCIL COMMENTS
To Do List (610.10)
Pursuant to an inquiry by Councilman Bland, Mr. Julian
stated that staff would check into the status of the
parking agreement at the Community Christian Church.
2. Capistrano Villas (130.70)
Regarding the last Capistrano Villas Homeowners'
Association meeting, Councilman Schwartze requested
information on the following items: (1) realignment of a
street due to the problem of large vehicles using the
residential area in order to get down to the stables; (2)
use of garages, working doors, and parking cars inside;
(3) parking permits. Mayor Hausdorfer asked that staff
contact stable owners regarding the large vehicles.
3. South County Airport Site - Ad Hoc Committee (940.30)
It was the consensus of Council to appoint Ilse Byrnes as
Chairman of the petition effort in opposition to the
Portrero Mesa site for a new South County airport, to be
submitted by December 1989 to the County Board of
Supervisors. It was the consensus of Council to include
local commissions in City -related issues and that the
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Traffic and Transportation Commission be involved in the
new South County airport issue. Staff was directed to
notify the Traffic and Transportation Commission of its
involvement.
CLOSED SESSION
Council recessed to a Closed Session at 8:51 p.m. for
discussion of personnel matters, the City Clerk being excused
therefrom, and reconvened at 10:00 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:00 p.m. to the next regular meeting date of
Tuesday, September 5, 1989, at 7:00 p.m. in the City. Council
Chamber.
ATTEST:
ARY L. HAUSDORFER, MA OR
Respectfully submitted,
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