89-1003_CC_Minutes_Regular MeetingOCTOBER 3, 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 7:04 p.m., in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul
Martin, Mission San Juan Capistrano.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Lawrence F. Buchheim, Mayor pro tem
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; Kenneth.
Hammon, Interim 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.
MINUTES
Regular Meeting of September 5, 1989:
It was moved by Councilman Buchheim, seconded by Councilman Bland, that the Minutes
of the Regular Meeting of September 5, 1989, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
Regular Meeting of September 19, 1989:
It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes
of the Regular Meeting of September 19, 1989, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
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MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1.
.TUBAL ARTS
Written Communications:
Report dated October 3, 1989, from the Senior Management Assistant, advising that
on July 18, 1989, Council had accepted the resignation of Cultural Arts and Heritage
Commissioner Janet Boucher. Mrs. Boucher was a member of the Commission for 13
years and a resolution had been prepared in recognition of her service to the
community.
Mayor Hausdorfer read the commendation in full and it was moved by Councilman
Bland, seconded by Councilman Buchheim and unanimously carried to approve the
resolution. Mrs. Boucher was present to accept the commendation.
2. MEDIA PERSONNEL
Mayor Hausdorfer noted that Wendy Paulson, formerly a reporter for the Daily Sun -
Post, had accepted a position with the Los Angeles Times.
ORAL COMMUNICATIONS
1. VEHICLE NOISE REGULATIONS (450.70)
Matthew Gilmore stated that the City's Municipal Code Section 9-3.615 was
ineffective in allowing police officers to cite vehicle drivers whose sound system
disturb the peace. He requested that the Municipal Code section be repealed, noting
that Governor Deukmejian had signed into law a Senate Bill 1130 which would allow
moving vehicles to be cited if their sound system could be heard from 50 feet
away. He advised he will canvass the City's residents to determine their feelings
relative to noise nuisances and return the results of the survey to Council by
January 1, 1990. The Ctiy Attorney advised that the cited Code section dealt
primarily with stationary objects and there were other sections that could be used to
enforce regulations if cars were parked. He acknowledged the difficulty of dealing
with noise disturbances from moving vehicles. Mayor Hausdorfer requested Council
be kept advised relative to Senate Bill 1130.
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CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman Friess, 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, Friess, Buchheim
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated September 21, 1989, in the total amount of $254,598.95,
was approved as submitted.
2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
3.
The City Treasurer's Report of Cash Fund Balances as of April, 30, 1989, in the total
amount of $370,688.80, and as of May 31, 1989, in the total amount of $517,533.36,
was approved as submitted.
The Report dated October 3, 1989, from the Secretary of the Parks and Recreation
Commission Commission, regarding actions taken at the meeting of September 18,
1989, was ordered received and filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated October 3, 1989, from the Secretary of the Planning Commission,
regarding actions taken at the meetings of September 12 and September 26, 1989,
were ordered received and filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated October 3, 1989, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of August 9 and
September 13, 1989, was ordered received and filed.
6. AWARD OF CONTRACT COOK PARK PARKING LOT AND DRAINAGE
CHANNEL IMPROVEMENTS GRIFFITH COMPANY 600.30
As set forth in the report dated October 3, 1989, from the Director of Public Works,
the contract for construction of a 48 -car parking lot and drainage channel
improvements at Cook Park, was awarded to Griffith Company of Santa Ana, in the
total amount of $109,855. All other bids were rejected. The Mayor and City Clerk
were authorized to execute the contract on behalf of the City. Funds in the amount
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of $67,955 were appropriated from existing Park and Recreation Fund projects to
Capital Improvement Project 12-6213-4707-107, to fund improvements to the
parking lot portion of the contract.
PUBLIC BEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:19 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:20 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1.
2.
N AND SALAR
17. 1
Written Communications:
Report dated October 3, 1989, from the Assistant City Manager, advising that the
the Job Evaluation Committee had reviewed and made recommendations on 33
appeals filed by employees. Recommendations were also made for salary
adjustments for the positions of Senior Engineering Aide and Building and Zoning
Assistant to reflect a market place condition. The report forwarded a resolution for
acceptance of a final salary structure.
Continuation of Item:
The Assistant City Manager advised that the
had requested additional time to review the
Councilman Buchheim, seconded by Councilman
the item to the meeting of October 17, 1989.
TO
Management Employees Association
Final Report. It was moved by
Friess to continue consideration of
Written Communications:
Report dated October 3, 1989, from the Assistant City Manager, forwarding a
resolution stating the City's intent to vacate the equestrian easement over Lot 64 of
Tract 9382, as directed by Council on September 19, 1989.
Initiation of Vacation Proceedings:
It was moved by Councilman Bland, seconded by Councilman Buchheim that the
following Resolution be adopted:
89 -10 -3 -
TION
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO VACATE
EQUESTRIAN EASEMENT - TRACT 9382, LOT 64
(MAURER/CORAL PROPERTIES)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
The resolution set a public hearing date for the Council meeting of November 21,
1989, at 7:00 p.m., in the City Council Chamber.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
2.
Written Communications:
Report dated October 3, 1989, from the Director of Community Planning and
Development, advising that the item would be rescheduled at a later date.
It was moved by Councilman Bland, seconded by Councilman Buchheim and
unanimously carried to continue this item to the meeting of October 17, 1989.
Written Communications:
1 Report dated October 3, 1989, from the Director of Community Planning and
Development, advising that on September 19, 1989, Council amended the
ordinance approving rezone 89-4 by deleting language regarding phasing of
specific private recreational improvements before authorization to issue
certificates of use and occupancy permits for other buildings within the
project site. The revised Ordinance, which included the revised Specific
Development Plan, was forwarded for adoption.
2. Report dated October 3, 1989, from the Director of Community Planning and
Development, forwarding a resolution to initiate a change in the adopted
Specific Plan for Healthpark to evaluate an alternative use other than
recreational for the overall project pursuant to a consensus of Council at the
September 19, 1989, meeting.
The City Planner advised that the items had been submitted pursuant to Council's
direction on September 19th. The Director of Community Planning and
Development noted that the revised Specific Development Plan included a section
allowing City involvement relative to installation of a masonry wall if requested by
the Mission Hills Ranch Homeowners Association. He stated that the developer may
wish to resolve the matter strictly between the Homeowners Association and
himself.
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Richard Stenton, representing Mission Equity, applicant, 26182 Oroville, Laguna
Hills, stated he would give the Fitness Center time within which to obtain the
support of the homeowner association, but if that did not happen he would go
forward with the office complex. He advised that he had been working closely with
the homeowners association and had an agreement with them that the project would
be built as they wanted with limited recreation, single -story buildings and open
space. Further, an escrow account had already been set up to handle the wall
issue. He felt that this issue was not something the City would want to be involved
in.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Bland, seconded by Councilman Friess that the following Ordinance be adopted as
amended to delete Section 1.2. relative to an escrow account under City control for
construction of the masonry wall:
NO. 652, APPROVING REZONE
CALIFORNIA, APPROVING REZONE 89-4 WHICH AMENDS
SPECIFIC DEVELOPMENT PLAN 81-2 FOR THE CAPISTRANO
BUSINESS PLAZA ASSOCIATES (HEALTHPARK)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
Initiation of Zoning and General Plan Study:
It was moved by Councilman Buchhe:m, seconded by Councilman Friess that the
following Resolution be adopted, noting that initiation of a General Plan and
rezoning study was for consideration only and did not imply City intent to either
approve or deny the proposed amendment:
RESOLUTION NO. 89-10-3-2 INITIATING GENERAL
PLAN
AMENDMENT AND REZONING STUDY HEALTHPARK
- A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN
CAPISTRANO, CALIFORNIA, INITIATING GENERAL
PLAN
AMENDMENT AND REZONING STUDY - TRACT
12257
(HEALTHPARK)
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The motion carried by the following vote:
AYES:
NOES:
ABSENT:
ORDINANCES
Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
None
None
ORDINANCE APPROVING AMENDMENT TO THE MUNICIPAL CODE
Written Communications:
Report dated October 3, 1989, from the City Clerk, advising that the Ordinance was
introduced at the meeting of September 5, 1989, and was scheduled for adoption.
Roger Grable, representing Coral Properties, stated that he believed Coral
Properties had completed all of the available processes for construction of the
primary residence on the site and the request for a waiver had been denied on
September 19th. He stated that he felt the ordinance scheduled for adoption would
not afford them the opportunity to make an application for that same approval and.
requested Council's view whether the provisions in the ordinance would or would not
permit them to obtain approval for construction of the home at the site.
The City Attorney stated that the process in effect currently was set out in the
interim urgency ordinance. The permanent ordinance would have no force and
effect for 30 days. He suggested that Mr. Grable could ask his question when the
ordinance was in effect.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Bland, seconded by Councilman Friess that the following Ordinance be adopted:
NO. 65
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION
9-3.510 TO THE MUNICIPAL CODE RELATING TO GRADING
AND CONSTRUCTION ACTIVITY WITHIN RIDGELINES OF THE
CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland,
and Mayor Hausdorfer
NOES: Councilman Schwartze
ABSENT: None
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COUNCILMANIC ITEMS
I. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (110.20)
This item was continued from the meeting of September 19, 1989.
Written Communications:
Report dated October 3, 1989, from the Senior Management Assistant.
Councilman Friess advised that the re-evaluation of the goals, objectives and
charges for the Commissions had not yet been completed and it would not be
appropriate to take action at this time. There was a consensus of Council that this
item be scheduled for the meeting of October 17, 1989.
2. ORAL REPORTS OF OUTSIDE AGENCIES
South East Regional Reclamation Authority (SERRA) (1040.60):
Councilman Buchheim stated that the possibility of sludge composting had been
discussed and costs were being compiled.
Foothill/Eastern Transportation Corridor (800.50):
Mayor Hausdorfer stated that discussions with the Marine Corps relative to a
connection with 1-5 within their boundaries had been positive and a resolution should
be reached in the near future. The northern portion of the Foothill Corridor should
begin construction in 1990; discussions were continuing regarding the San Joaquin
Hills Corridor connection with 1-5 in the area of Avery Parkway.
COUNCIL REMARKS
Commercial Business - Mission Creek Residential Area (130.70
Councilman Bland requested that Council be kept advised relative to residents
concerns regarding commercial operations are in the residential area.
2. Proposed Sales Tax Increase (630.30)
The City Manager discussed a proposed Congestion Management Plan which is an
element of the Transportation Program put together with respect to the Sales Tax
Initiative on the ballot November 7th. He advised that the Plan dealt with general
growth management and was not a simple transportation issue. He stated there was _
a controversy regarding who should administer the program and noted his belief that
either the City/County Coordinating Committee or the Super Committee should be
the administering body, not the Orange County Transportation Commission.
Councilman Schwartze discussed AB 471 (Katz), which established funding for the
program, and cited his concerns relative to administering the financial side of the
program. There was a general concurrence with the City Manager's
recommendation; the City Manager will forward a letter to the Orange County
Transportation Commission expressing the City's concerns.
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CLOSED SESSION
Council recessed to a Closed Session at 7:47 p.m., for discussion of personnel, meet and
confer matters, the City Clerk being excused therefrom, and reconvened at 9.25 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:25
p.m., to the next meeting date of Tuesday, October 10, 1989, at 5:00 p.m., in the City
Council Chamber.
ATTEST:
I�L-4 -1 -A
GAR . H USDORFE , MAYOR
Respectfully submitted,
`. •
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