90-0220_CC_Minutes_Regular Meeting391
FEBRUARY 20, 1990
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; Kenneth Hammon, Interim Director of
Administrative Services; William D. Murphy, Director of Public
Works; Thomas Tomlinson, City Planner; Thomas L. Baker, Director
of Community Services; Nancy Bernardi, Recording Secretary.
MINUTES
Regular Meeting of February 6, 1990:
It was moved by Councilman Bland, seconded by Councilman Buchheim,
that the Minutes of the Regular Meeting of February 6, 1990, 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
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman Buchheim,
and unanimously carried that all Ordinances be read by title only.
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PRESENTATIONS AND COMMENDATIONS
PROCLAMATION - FIESTA DE LAS GOLONDRINAS MARCH 16 THROUGH
24. 1990 (610.40)
Written Communication:
Report dated February 20, 1989, from the City Clerk,
forwarding the Proclamation designating the week of March 16
through 24, 1990, as the Fiesta de las Golondrinas.
Presentation of Proclamation:
After Mayor Hausdorfer read the Proclamation in full, the
Proclamation was presented to Anita Adkisson, President of
the Fiesta Association. The Fiesta Association Sheriff's
Posse entered the Chamber and delivered arrest warrants and
garters to the City Manager, City Council, and
Mr. Scarborough with the order that each of them wear the
garters on their sleeves indicating their support for the
Fiesta.
2. RECOGNITION OF COLLENE CAMPBELL FORMER PLANNING COMMISSIONER
(110.30)
Mayor Hausdorfer made a formal presentation to Ms. Campbell
recognizing her service to the City as Planning Commissioner
for seven years. Ms. Campbell expressed appreciation to the
City for her appointment and being able to serve.
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman
Schwartze, 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 February 8, 1990, in the total
amount of $773,187.09 was approved as submitted.
CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of January 31,
1990, in the total amount of $20,885,937.50 was approved as
submitted.
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5.
7.
8.
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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 January 31, 1990, was approved as
submitted.
REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated February 20, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of February 7, 1990, was ordered received and
filed.
REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated February 20, 1990, from the Secretary of the
Equestrian Commission, regarding actions taken at the meeting
of January 13, 1990, was ordered received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated February 20, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of February 13, 1990, was ordered received and
filed.
REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated February 20, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of February 1, 1990, was ordered received and
filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated February 20, 1990, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meeting of December 13, 1989, was ordered
received and filed.
9. APPROVAL OF FINAL MAP - PARCEL MAP 89-313 (BLANK) (420.70)
As set forth in the Report dated February 20, 1990, from the
Director of Public Works, Final Map 89-313 to subdivide a
1.075 -acre lot into three residential parcels, located at the
southwest corner of Los Rios Street and Mission Avenue, was
approved, based on the finding that the Map is in conformance
with the Subdivision Map Act and the conditions set forth by
Council Resolution No. 90-2-6-1. The City Engineer and City
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Clerk were authorized to execute the Map, and the City Clerk
was requested to record said Map.
PUBLIC HEARINGS
1. REQUEST FOR TEMPORARY STREET CLOSURES FOR THE JACK LATHAM -
MEMORIAL 50 -MILE RIDE AGAINST CANCER - SUNDAY, MARCH 11, 1990
(HERITAGE FESTIVAL) (580.50)
Proposal:
Consideration of a request from the American Cancer Society
to hold its 6th Annual Jack Latham Memorial Ride Against
Cancer on Sunday, March 11, 1990, from 8:00 a.m. to 1:00 p.m.
as part of the 1990 Heritage Festival, with certain streets
to be closed within the City limits.
Written Communication:
Report dated February 20, 1990, from the Director of Public
Works, forwarding the proposed bike route and noting street
closures and delays. Estimated cost to the City for staff
and material is less than $500.
Exhibits were on display, and Mr. Murphy made an oral
presentation. In that he had just informally received a
liability release from the organization, Mr. Murphy asked
that the staff recommendation be changed to request that the
hearing be continued until the next meeting until all legal
papers have been posted. He noted that staff could not
recommend approval of the full course at this time and
expressed concern regarding the racers maneuvering tight
corners in the bike trail.
Public Hearincr:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following persons
responded:
(1) Carol Curwood, owner of South County Cyclery, 32302
Camino Capistrano, presented packets to the Council
outlining additional specific information for the event,
noting impacts on surrounding areas and residents.
(2) Pastor Doran Tregarthen of St. Margaret's Episcopal
Church spoke in support of the event, noting that the
church had been assured by staff that traffic would be
properly rerouted and would not hinder parishioners from
attending services.
Council Discussion:
Council expressed concerns regarding safe passage, closure,
and traffic impacts on the La Novia Bridge, particularly
since the bridge would be shut down the day prior for the 10K
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run. Councilman Friess questioned the consideration of this
matter so late in the process and expressed concern with
severe impacts on traffic.
Continuation of Hearing:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that the hearing be
continued to the meeting of March 6, 1990; should it appear
that the race is not feasible, the race is to be canceled
immediately by staff prior to the March 6 meeting, if
necessary. Staff was directed to submit a report to Council.
2. CONSIDERATION OF RESIDENTIAL ALLOCATION SCHEDULE FOR CITY'S
RESIDENTIAL GROWTH MANAGEMENT PROGRAM FOR 1990-1993 (440.50)
Proposal:
Consideration of a proposed allocation schedule as part of
the City' Residential Growth Management Program for calendar
years 1990 to 1993, pursuant to the setting of 400 units per
year at the February 6, 1990, meeting.
Written Communication:
Report dated February 20, 1990, from the Director of
Community Planning and Development, noting the three projects
(Lomas San Juan Planned Community, Marbella Planned
Community, and the Capistrano Valley Tennis Club and Academy)
that are presently eligible for building permit allocations.
Thomas Tomlinson made an oral presentation, reviewing the
permit allocation requests for the above three projects.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing.
Council Discussion:
Councilman Bland noted that this was the fourth year that the
City has not come close to the numerical limit of 400 units
allowed.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 90-2-20-1. APPROVING RESIDENTIAL
ALLOCATION SCHEDULE - 1990-1993 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING RESIDENTIAL
ALLOCATIONS FOR THE CALENDAR YEARS 1990, 1991,
1992, AND 1993 (RESIDENTIAL GROWTH MANAGEMENT)
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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 DISPOSITION OF REAL PROPERTY
AND ACQUISITION OF REAL PROPERTY (SOLAG DISPOSAL) (CONTINUED)
(670.20)
Proposal•
Consideration of a proposed agreement for exchange of real
property with Thomas and Jasmine Trulis for the relocation
of Solag Disposal Company.
Written Communication:
Report dated February 20, 1990, from the Assistant to the
City Manager, forwarding the proposed agreement and outlining
the proposed lease terms and conditions, noting that no new
expenditure of City funds is required or requested and that
no obligation will be placed on City taxes; letter dated
February 20, 1990, from the City Manager asking for a
continuance at the request of the applicant to the meeting
of March 6, 1990.
Mr. Julian made an oral presentation, noting concerns
regarding a relocation site, citing the Prima Descheca site
or coordinating with other cities as possibilities.
Continuance of Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response, it
was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that the hearing be
continued to the meeting of March 6, 1990, as requested by
Tom Trulis.
RECESS AND RECONVENE
Council recessed at 7:45 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:15 P.M.
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ADMINISTRATIVE ITEMS
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CITY MANAGER
1. MID -YEAR BUDGET (330.20)
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Written Communication:
Report dated February 20, 1990, from the Assistant City
Manager, regarding the mid -year budget review, recommending
that $128,500 and $34,700 be appropriated from the General
Fund Reserve Account and Internal Service Fund Reserve
Account, respectively, in order to provide sufficient funding
to accomplish the increased programs and service levels not
included in the original budget for fiscal year 1989-90.
Approval of Appropriations:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve the transfers
of $128,500 from the General Fund Reserve Account and $34,700
from the Internal Service Fund Reserve Account. The Director
of Administrative Services was directed to transfer the funds
to the appropriate accounts.
2. RENEWAL OF EMPLOYMENT AGREEMENT - CITY MANAGER (600.30)
Written Communication:
Report dated February 20, 1990, from the City Manager,
forwarding the employment agreement between the City and the
City Manager, commencing January 1, 1990, and running through
July 1, 1995.
Renewal of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried that the employment agreement
be approved between the City and the City Manager for the
period January 1, 1990, through July 1, 1995.
CITY ATTORNEY
1. REPEAL OF MUNICIPAL CODE SECTION 2-4.103(b) - CAMPAIGN
CONTRIBUTIONS RELATING TO BALLOT MEASURES (630.20)
Written Communication:
Report dated February 20, 1990, from the City Attorney,
recommending that the subject Code section be amended to
remove limitations on campaign contributions affecting ballot
measures, based on the United States Supreme Court decision
in Citizens Against Control vs City of Berkeley. Currently
the limitations are $100 for individual contributions with
respect to campaigns for election of candidates and ballot
measures and $200 for anonymous contributions. Limitations
on contributions to candidates will remain in place.
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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
Schwartze, seconded by Councilman Buchheim, that the
following Ordinance be introduced:
AMENDING TITLE 2 CHAPTER 4 OF THE MUNICIPAL CODE
TO DELETE LIMITATIONS ON CAMPAIGN CONTRIBUTIONS
RELATIVE TO BALLOT MEASURES - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTIONS 2-4.103 AND 2-4.104 THE MUNICIPAL CODE
RELATING TO LIMITATIONS ON CAMPAIGN CONTRIBUTIONS
FOR BALLOT MEASURES
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 February 20, 1990, from the Director of
Community Planning and Development, advising that six Intent
to File for Development Review applications were received by
the City since the last report of January 16, 1990.
The report was received and filed.
DIRECTOR OF PUBLIC WORKS
1.
Written Communication:
Report dated February 20, 1990, from the Director of Public
Works, regarding a request from Mr. and Mrs. Keith Powell for
an alteration to shift the 15 -foot trail easement within
their property to the most easterly boundary. Mr. and Mrs.
Thomas Chow, who recently purchased the property, are also
in agreement with this request.
Cathy Powell, 26132 Oroville Place, Laguna Hills, previous
owner of the property, spoke in favor of the trail
alteration, citing concerns that equestrians/hikers may come
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off the trail and onto the private road, in addition to
grading and drainage concerns.
Dom Tattoli, 31401 Aguacate Road, new owner of the adjacent
property (purchased from Mr. Gus Owens), spoke in opposition
to the alteration, stating that he was unaware of the request
at the time he purchased this property and cited concerns
with impacts from horses and noise. Mr. Tattoli noted that
Mr. Robert Wish, an adjacent property owner, is also opposed
to the trail alteration.
Mr. Shaw stated that with regard to the realignment of the
Wish/Moore trail system, if nothing is heard from either
property owner before the March 6 meeting, his recommendation
would be to go ahead with eminent domain proceedings.
Mr. Murphy noted that either alignment of the Wish/Moore
trail would be compatible with this easement acceptance.
Acceptance of Easement:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried that the hiking/ equestrian
easement along the easterly boundary of Parcel 1 of Parcel
Map 80-38/39 be accepted. The Mayor and City Clerk were
authorized to execute the easement, and the City Clerk was
directed to record the document.
2. QUITCLAIM OF HIKING/EOUESTRIAN TRAIL EASEMENT - PARCEL 1.
PARCEL MAP 80-38 (POWELL/CHOW) (670.50)
Pursuant to the above discussion and acceptance of easement,
it was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried that the subject easement be
quitclaimed for recording.
3. CITYWIDE SPEED LIMIT STUDY (590.60)
Written Communication:
Report dated February 20, 1990, from the Director of Public
Works, forwarding an amendment to Title 4 of the Municipal
Code to set the following speed limits, as recommended by the
firm of Basmaciyan-Darnell, Inc. in the Citywide Speed Limit
Study, and as amended by staff:
(1) Camino Las Ramblas from Avenida Calita to Kinkerry Lane
- from 40 mph to 45 mph
(2) Junipero Serra Road from Rancho Viejo Road to Camino
Capistrano - from an unposted speed limit to 40 mph
(3) Camino Del Avion from Del Obispo Street to the westerly
City limits - from an unposted speed limit to 45 mph
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Councilman Bland expressed concern regarding posting a speed
limit of 45 mph in a residential area and felt that the
limits proposed for Nos. 1 and 3 above might be too high
since traffic will be coming down steep hills, with potential
ingress and egress problems. Councilman Friess expressed
concern regarding No. 3 above, also citing the steep hill and
noting the location of the school across the street, and
requested that the limits be established at 40 mph and 35
mph, respectively. Mr. Julian noted that since limits are
based on the 85th percentile of what people are actually
traveling, it is important to make findings as to why the
posted speed limit differs from that percentile, e.g.
identification of hazards, etc. Otherwise, there would be
difficulty with enforcement.
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, setting the speed limit for Junipero Serra
Road only and deleting the other two:
AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE -TRAFFIC
REGULATIONS - SPEED LIMITS (JUNIPERO SERRA ROAD) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMIT
ON JUNIPERO SERRA ROAD FROM CAMINO CAPISTRANO TO
RANCHO VIEJO ROAD, BY AMENDING SECTION 4-6.501 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Staff was directed to investigate concerns regarding the
remaining two posted speed limits and report back to Council.
DIRECTOR OF COMMUNITY SERVICES
1. 1990 HERITAGE FESTIVAL SCHEDULE OF EVENTS (150.60)
Written Communication:
Report dated February 20,
Community Services, forwarding
one-month festival.
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1990, from the Director of
the Schedule of Events for the
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The Report was received and filed.
1. ORDINANCE APPROVING AMENDMENT TO CHAPTER 7, TITLE 9, OF THE
MUNICIPAL CODE RELATING TO TENTATIVE SUBDIVISION MAP
PROCESSING FOR RESIDENTIAL DEVELOPMENTS (RESIDENTIAL GROWTH
MANAGEMENT (ADOPTION) (420.30)
Written Communication:
Report dated February 20, 1990, from the City Clerk, advising
that the Ordinance was introduced at the meeting of February
6, 1990, and was scheduled for adoption.
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 Buchheim,
seconded by Councilman Bland, that the following Ordinance
be adopted:
ORDINANCE NO. 657, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - RESIDENTIAL GROWTH MANAGEMENT -AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-7.09 (d) (1) (i) AND
SECTION 9-7.09(f) OF THE MUNICIPAL CODE, RELATING
TO TENTATIVE SUBDIVISION MAP PROCESSING FOR
RESIDENTIAL DEVELOPMENTS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Solid Waste Management Committee (810.101
Councilman Bland stated that members of the Committee
have been appointed by the County Board of Supervisors
as the task force for the implementation of AB 949,
which bill was adopted affecting the way cities deal
with solid waste recycling. In addition, the Committee
is making recommendations to the County Board of
Supervisors on February 28, 1990, regarding the GSA
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operation becoming a separate department of the GSA and
the current staff remaining in place.
b. Capistrano Valley Wastewater Authority (1040.60)
Councilman Buchheim noted the next meeting scheduled for -
June.
C. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim spoke about the further
implementation of the sludge composting program taking
place at the Chiquita Canyon site, noting there are 5
to 6 loads per day from the Serra plant.
COUNCIL COMMENTS
1. RAILROAD REPAIR SIGNS (820.45)
Councilman Friess suggested that more high-profile signage
be used to alert drivers into taking alternate routes while
the railroad repair is under way this month and March, e.g.
a banner across the street, and that personnel from the
Sheriff's Department and Public Works be used to help direct
traffic before problems arise. He also noted that present
signs could not be seen after dark.
2. SAN JUAN DODGE (AC 88-5) (410.60)
Councilman Friess noted flags on every antennae on the cars
for sale at this location.
3. DRAINAGE (550.40)
Councilman Friess noted problems with mud coming onto San
Juan Creek Road.
CLOSED SESSION
Council recessed to a Closed Session at 8:56 p.m. for discussion
of personnel matters, the City Clerk being excused therefrom, and
reconvened at 9:50 p.m.
COUNCIL ACTIONS
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that the City Manager be
authorized to negotiate the employment agreement between the City
and the Administrative Services Director candidate.
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There being no further business before the Council, the meeting
was adjourned at 9:51 p.m. to the next regular meeting date of
Tuesday, March 6, 1990, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
MARY ANN OVER, CITY CLERK
ATTEST:
z
ANTHONY r
BLAND, MAYOR PRO TEM
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