89-1017_CC_Minutes_Regular MeetingOCTOBER 17, 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 Reverend
Doran Tregarthen of St. Margaret of Scotland Episcopal 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; Mary Ann
Hanover, City Clerk; 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; Nancy Bernardi, Recording
Secretary.
MINUTES
Regular Meeting of October 3. 1989:
It was moved by Councilman Bland, seconded by Councilman Friess,
that the Minutes of the Regular Meeting of October 3, 1989, be
approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Adiourned Reqular Meeting of October 10. 1989:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the Minutes of the Adjourned Regular Meeting of
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October 10, 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
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Bland, 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 DECLARING OCTOBER 22 THROUGH 29_, 1989. AS
901989 RED RIBBON WEEK" (610.40)
Written Communication:
Report dated October 17, 1989, from the City Clerk,
forwarding the Proclamation.
Presentation of Proclamation:
After Mayor Hausdorfer read the Proclamation in full, it
was moved by Councilman Schwartze, seconded by Councilman
Friess, that October 22 through 29, 1989, be proclaimed as
"Red Ribbon Week" and that the Proclamation be forwarded
to the California Red Ribbon Campaign Headquarters for use
in drug awareness activities. The motion carried by the
following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
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DEPOT RESTAURANT FLOOR CONDITIONS (450.70)
Al Griffin, Jr. of Dana Point submitted a petition with 53
signatures requesting that unsafe conditions on the dance
floor at the Depot be repaired. Staff was directed to
investigate the matter immediately.
CAPISTRANO VILLAS LIGHTING/MAIL COLLECTION BOX/REOUEST FOR
BENCHES AT EL CAMINO REAL PARK (130.70/180.30/920.101
Lynn Dieg, 31262 Calle San Juan, inquired into the progress
being made on the installation of lighting, particularly
around the swimming pool, and mailbox near Capistrano
Villas No. 2, and suggested that benches be installed near
La Zanja at Camino Real Park to alleviate the problem of
people sitting on walls. Ms. Hanover reported that the
Post Office was contacted regarding the mailbox and that
a response will be requested. Councilman Friess suggested
that a petition be submitted to the Post Office showing
support for the mailbox. Regarding the lighting, Jeff
Parker, Assistant to the City Manager, noted that field
research had been completed and that he would respond back
to Mr. Dieg after cost estimates were received within one
week. Regarding the bench request, Mayor Hausdorfer stated
that he would discuss the matter with staff.
AVILA ADOBE COMMERCIAL USE (910.50)
Robbie Pilley, 29931 Camino Capistrano, submitted a letter
dated October 16, 1989, with nine signatures, supporting
restoration of the Avila Adobe, opposing the use as a 50's
diner, and suggesting that the structure be considered as
a center for education and cultural heritage. Also
submitted was a letter from the Avila's daughter, age 7,
urging restoration of the adobe.
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, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
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1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated October 5, 1989, in the total
amount of $973,180.34, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of
September 30, 1989, in the total amount of $19,535,937.50,
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 September 30, 1989, was approved
as submitted.
4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated October 17, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of October 4, 1989, was ordered received and
filed.
5. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(910.60)
The Report dated October 17, 1989, from the Senior
Management Assistant, regarding actions taken at the
meeting of September 26, 1989, was ordered received and
filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated October 17, 1989, from the Secretary of
the Equestrian Commission, regarding actions taken at the
meeting of October 9, 1989, was ordered received and filed.
7. REPORTS OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated October 17, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the worksession of September 20, 1989, and meeting of
October 10, 1989, were ordered received and filed.
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8. REPORT OF IAS RIOS REVIEW COMMITTEE ACTIONS (400.501
The Report dated October 17, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of October 10, 1989, was ordered received
and filed.
PUBLIC HEARINGS
1. REQUEST TO MODIFY CONDITIONS FOR PROPERTY LOCATED AT THE
EAST TERMINUS OF DON JUAN AVENUE, TENTATIVE PARCEL MAP
87-306 (MEADOWSI (420.701
Proposal:
Consideration of a request to modify Conditions 3 and 4 of
City Council Resolution No. 88-10-4-3 regarding final rough
grading and landscape plans for the approval of Tentative
Parcel Map 87-306.
Applicant/Property Owner:
T. J. Meadows
31241 Andres Pico Road
San Juan Capistrano, CA 92675
Written Communication:
Report dated October 17, 1989, from the Director of
Community Planning and Development recommending approval
of the modifications to Conditions 3, 4 and 6, in that the
applicant would be allowed to proceed from the tentative
parcel map to the final map without further review of rough
grading and landscape plans.
Mr. Tomlinson made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and there being no
response, closed the hearing with the right to reopen at
any time.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
RESOLUTION NO. 89-10-17-1. APPROVING TENTATIVE
PARCEL MAP 87-306 (MEADOWS) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 87-306 (MEADOWS)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer _
NOES: None
ABSENT: None
JOINT PUBLIC HEARING ON PROPOSED AMENDMENT TO OWNER
PARTICIPATION AGREEMENT FOR PROPERTY LOCATED AT 31781-
31831 CAMINO CAPISTRANO (FARBER/FRANCISCAN PLAZA) (400.20)
Proposal:
Consideration of an amendment to the Owner Participation
Agreement dated December 15, 1987, between the
Redevelopment Agency and Franciscan Plaza Investment Group
to reimburse the developer for significant costs
associated with archaeological investigations and
implemented mitigation measures incurred during
construction.
Written Communication:
Report dated October 17, 1989, from the City Manager
recommending approval of the amendment and listing a
chronology of events associated with the archaeological
investigations for this project. The Agency's financial
contribution would amount to 73 percent of the total costs
involved (approximately $277,365), of which $75,000 has
already been paid by the Agency.
Jeff Parker, Assistant to the City Manager, made an oral
presentation, noting that 31 parking spaces would be
allotted to the City at the Plaza for public parking.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and the following
person responded:
(1) Paul Farber of the Franciscan Plaza Investment Group,
noted the costs involved for the project.
There being no further response, the hearing was declared
closed with the right to reopen at any time.
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Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, that the following Resolution be
adopted, approving financing in the amount of $277,365
from the Redevelopment Agency for reimbursement of
archaeological investigation costs:
RESOLUTION NO. 89-10-17-2. APPROVING AMENDMENT
TO OWNER PARTICIPATION AGREEMENT (FRANCISCAN
PLAZA INVESTMENT GROUP/FARBER) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH FRANCISCAN PLAZA
INVESTMENT GROUP
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Mr. Julian noted that with this authorization, the
Redevelopment Agency would maintain ownership of the
archeological finds for the City's benefit and future
display.
RECESS AND RECONVENE
Council recessed at 7:25 p.m. to convene the San Juan
Capistrano Community Redevelopment Agency, and reconvened at
7:26 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. SELECTION OF SPACE NEEDS STUDY CONSULTANT (CIVIC CENTER)
(600.30)
Written Communication:
Report dated October 17, 1989, from the City Manager,
recommending that the Danielson Design Group be selected
to prepare the update of the City Hall Space Needs Study
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pursuant to changes in the staffing levels of the City and
the chosen location for the new Civic Center site.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
Agreement for Consulting Services with the Danielson
Design Group be approved, at a cost not to exceed $12,000
from the General Fund Reserves.
2. CLASSIFICATION AND SALARY STUDY - FINAL REPORT AND SALARY
RESOLUTION (700.50)
Written Communication:
Report dated October 17, 1989, from the Assistant City
Manager, forwarding the Final Report and Salary Resolution
for the Joint Classification and Compensation Study, which
include salary adjustments for various existing positions
and job classifications and salary structures for newly
created positions, pursuant to recommendations by the Job
Evaluation Committee and City Manager's office.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by
Councilman Bland, that the following Resolution be adopted
accepting the final results of the Joint Classification
and Compensation Study for the City and Water District and
implementing the final recommended salary structure:
RESOLUTION NO 89-10-17-3, 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 AND REPEALING RESOLUTION NO. 89-8-1-6
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
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CITY CLERK
1. RECORDS MANAGEMENT PROGRAM RESOLUTION AUTHORIZING
DESTRUCTION OF RECORDS (160.70)
Written Communication:
Report dated October 17, 1989, from the City Clerk
forwarding the list of records to be destroyed as part of
the yearly phase of the Records Management Program.
Ms. Hanover noted that none of the records had any
administrative, legal or historical value.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by
Councilman Friess, that the following Resolution be
adopted authorizing the destruction of records listed in
Exhibit "A" of the Resolution:
RESOLUTION NO. 89-10-17-4. DESTRUCTION OF
RECORDS - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated October 17, 1989, from the Director of
Community Planning and Development advising that no new
development applications were received by the City since
the last report of September 19, 1989.
The report was received and filed.
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2. CONTRACT FOR CONSULTANT SERVICES FOR INVENTORY OF MASONRY
AND TILT -UP BUILDINGS (STATE -MANDATED SEISMIC SERVICES/
EOE ENGINEERING) (600.30)
Written Communication:
Report dated October 17, 1989, from the Director of
Community Planning and Development, noting the three tasks
that must be completed and submitted to the State Seismic
Safety Commission by the City by January 1990 in order to
comply with regulations enacted by Senate Bill 547 of 1986
(the "Unreinforced Masonry Building Law") regarding
identifying and mitigating hazards in unreinforced masonry
building for seismic safety. In order to guide the City
staff through this compliance process, a contract with the
firm of E.Q.E. Engineering was recommended for approval.
Ms. Elaine Martinez, Building Official, introduced the
item and proposal submitted by E.Q.E. Engineering dated
September 8, 1989. Mr. Julian noted that, with
Redevelopment Agency assistance, staff would work closely
with property owners.
Approval of Contract:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried, that the City Manager
be authorized to negotiate a contract with E.Q.E.
Engineering to perform the Seismic Survey, develop a
mitigation program and report to the State Seismic Safety
Commission. An appropriation of $30,000 from the General
Fund Reserve was authorized.
DIRECTOR OF PUBLIC WORKS
1. RESOLUTIONS ESTABLISHING PROPOSED ASSESSMENT DISTRICT
On-, V"L YXTL 1 C DPi DADT AMO CF.TTTMr- PURT.TC HF.ARTNG DATE
Written Communication:
Report dated October 17, 1989, from the Director of Public
Works, forwarding the Order of Procedure and recommending
that the Resolutions for the establishment of the
assessment district be adopted, pursuant to a petition
submitted by 16 residents of the Hidden Valley area in
November 1987 requesting formation of an Assessment
District in their area for the construction of sewers and
natural gas lines. Good faith contributions totaling
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$10,000 were deposited at that time by the residents
towards the formation of the district.
Mr. Murphy made an oral presentation and reviewed the
proposed improvements.
Adoption of Resolutions:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, that the following Resolutions be
adopted for the formation of Assessment District 89-1.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: None
ABSTAIN: Councilman Friess
RESOLUTION NO. 89-10-17-5. MAKING APPOINTMENTS
ASSESSEMENT DISTRICT 89-1 (HIDDEN VALLEYS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, MAKING
APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT
RESOLUTION NO. 89-10-17-6. APPROVING BOUND
MAS- ASSESSMENT DISTRICT 89-1 (HIDDEN VALLEY) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MAP
SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL
ASSESSMENT DISTRICT
RESOLUTION NO. 89-10-17-7. DECLARATION OF INTENT
- ASSESSMENT DISTRICT 89-1 (HIDDEN VALLEY) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
INTENTION AND COVERING PRELIMINARY DETERMINATION
TO ORDER THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT;
ORDERING THE PREPARATION OF A REPORT DESCRIBING
THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE
OF BONDS
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RESOLUTION NO 89-10-17-8 ADOPTING REPORT -
ASSESSMENT DISTRICT 89-1 (HIDDEN VALLEY) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, PASSING ON THE
"REPORT" OF THE ENGINEER, GIVING PRELIMINARY
APPROVAL, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARING
The hearing was set for December 5, 1989, at 7:00 p.m. in
the City Council Chamber. The Mayor and City Clerk were
authorized to execute the documents.
2. APPROVAL OF FINAL MAP AND 1MPRUVZMENP AGXAZEIZ941 -
Written Communication:
Report dated October 17, 1989, from the Director of Public
Works, regarding a request by Mr. T. J. Meadows to
subdivide 1.82 acres into four parcels located at the
eastern terminus of Don Juan Avenue and forwarding the
Improvement Agreement for approval.
Approval of May and Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, and unanimously carried that the
Improvement Agreement for the construction of the cul-de-
sac of Don Juan Avenue and Final Map 87-306 be approved,
based on the finding that the Final Map is in conformance
with the Subdivision Map Act and the conditions set forth
by the conditions previously approved by the Council. The
Mayor and City Clerk were authorized to execute the
documents on behalf of the City, and the City Clerk was
directed to record said documents.
COUNCILMANIC ITEMS
1.
Written Communication:
Report dated October 17, 1989, from the Assistant to the
City Manager.
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Councilman Schwartze, seconded. by
Councilman Friess, and unanimously carried to accept the
resignation of Roy Nunn from the Planning Commission and
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to declare the position vacant. Staff was directed to
prepare appropriate documents to commend Mr. Nunn for his
comlAunity service. The City Clerk was directed to post
notices of the vacancy and to advertise for applications
for the position.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Capistrano Valley Wastewater Authority (1040.60)
Councilman Buchheim noted the meeting scheduled for
November 7, 1989.
b. San Juan Basin Authority (1050.60)
Councilman Buchheim noted the meeting scheduled for
October 19, 1989.
C. League of California Cities (140.20)
Councilman Schwartze noted the upcoming League
Conference in San Francisco and that he would report
back on the status of the meeting as it relates to
the earthquake on this date in San Francisco.
d. Orange County Solid Waste Management Committee
(810.10)
Councilman Bland noted discussions regarding
recycling programs and state requirements becoming a
part of trash handling and that a plan was sent to
the Board of Supervisor for review.
COUNCIL COMMENTS
1. SISTER CITIES (PETRA) (140.50)
Councilman Schwartze commended Jennifer Williams for her
work regarding the recent dinner for visitors.
2. LAFCO SPECIAL DISTRICT REPRESENTATION (620.40)
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to consider this off -
agenda item. Councilman Schwartze requested Council
consideration of the request by LAFCO to establish special
district representation on LAFCO, scheduled for
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consideration by LAFCO at their meeting on October 18,
1989. Councilman Schwartze recommended that the request
be denied that the present membership structure be
retained. Mr. Julian added that establishment of the _
special districts would dilute cities' impact on LAFCO and
recommended adoption of a Resolution denying the request.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by
Councilman Friess, that the following Resolution be
adopted denying Special District representation on LAFCO
and recommending that the agency structure retain its
current composition.
RESOLUTION NO. 89-_10-17-9 OPPOSING SPECIAL DISTRICT
REPRESENTATION (LAFCO) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, OPPOSING SPECIAL DISTRICT REPRESENTATION
ON THE LOCAL AGENCY FORMATION COMMISSION
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
There being no further business before the Council, the meeting
was adjourned at 7:47 p.m. to the next regular meeting date of
Tuesday, November 7, 1989, at 7:00 p.m. in the City Council
Chamber.
Respectfully submitted,
MARY � •ER�,C TY CLERK
ATTEST:
GARY L HAUSDORFER,} YOR
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