88-0202_CC_Minutes_Regular Meetingta
FEBRUARY 2, 1988
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 Bland at 7:05 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Councilman Gary
Hausdorfer.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
,ABSENT: Phillip R. Schwartze, Councilman
(arrived at 8:05 p.m.)
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City
Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; 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, Recording Secretary.
MINUTES
Regular Meeting of January 19, 1988:
It was moved by Councilman Buchheim, seconded by Councilman Friess, that the Minutes
of the Regular Meeting of January 19, 1988, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
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PRESENTATIONS AND COMMENDATIONS
DONATION FOR LANDSCAPING PURPOSES (SAN JUAN BEAUTIFUL) (130.20)
Written Communications:
Report dated February 2, 1988, from the City Clerk, advising that Mrs. Terry Miller,
President of San Juan Beautiful, would present a check to the City for a landscaping
project on Ortega Highway at Sundance Drive.
Acceptance of Donation:
Terry Miller and Cathy Peterson presented a check in the amount of $2,220 and
noted that a check in the amount of $750 had been presented to Jack Galaviz earlier
in the year for flowers in the Del Obispo Median. Mayor Bland accepted the
donation and expressed appreciation on behalf of the City.
2. DONATION FOR PARK IMPROVEMENTS (EL CAMINO REAL JUNIOR
WOMAN'S CLUB 130.20
Written Communications:
Report dated February 2, 1988, from the Director of Community Services, advising
that the El Camino Real Junior Woman's Club had donated $300 towards an
improvement in City parks.
Acceptance of Donation:
Miranda Elliott was present to advise of the donation and the group's wish that the
funds be used for park improvements. :Mayor Bland expressed appreciation for the
donation and with the consensus of the Council, directed that the Parks and
Recreation Commission make a recommendation for use of the funds.
3. INTRODUCTION OF PERSONNEL (700.10)
Mayor Bland introduced Joyce Fick, Administrative Secretary in the City Manager's
Office, who commenced employment on January 19, 1988.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the
staff recommendations be accepted for the following items listed on the Consent
Calendar. The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
APPROVAL OF WARRANTS (300.30)
The List of Demands dated February 2, 1988, Warrant Nos. 5,703-5,705, 5,708-5,709,
5,844-5,848, and 5,850-5,992, in the total amount of $529,291.27, was approved as
submitted.
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2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (330.50)
The City Treasurer's Reports of Fund Cash Balances as of November 30, 1987, in the
total amount of 307,728.69, and December 31, 1987, in the total amount of
$616,612.16, were approved as submitted.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated February 2, 1988, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of January 18, 1988, was
ordered received and filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated February 2, 1988, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of January 26, 1988, was ordered received
and filed.
5. DENIAL OF CLAIMS (MATT GERRICK/DAVID HALL) (170.70)
The Claims received by the City on December 9, 1987, from Attorney .Andrew L.
Shapiro, on behalf of Matt Gerrick and David Hall, in the amount of $100,000 each
for personal injuries, were denied, as set forth in the report dated February 2, 1988,
from the City Attorney.
6. DENIAL OF CLAIM (CHRISTINA HOPKA) (170.70)
The Claim received by the City on December 3, 1987, from Christina Hopka, in an
amount of $326.45, for property damages, was denied, as set forth in the report
dated February 2, 1988, from the City Attorney.
-2 (CHEVRON, U.S.A.) -
This item was removed from the Consent Calendar at the request of Mayor Bland to
direct that a letter dated February 2, 1988, from J. A. Holmquist, Property
Management Specialist, Chevron U.S.A., Inc., 1300 South Beach Boulevard, Building
4516, La Habra, be included in the record. The letter set forth Chevron's position
that with regard to the Circulation and Traffic Management Plan, direct access
from Ortega Highway via retention of the westerly driveway, was vital to the
project. The letter also included concurrence with the requested continuation of the
item.
It was moved by Councilman Buchheim, seconded by Councilman Friess and
unanimously carried to direct that the appeal of Architectural Control 87-2
(Chevron) be rescheduled for consideration upon completion of the Circulation and
Traffic Management Plan for Ortega Highway and the 1-5 Freeway, as set forth in
the report dated February 2, 1988, from the Director of Community Planning and
Development.
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RECESS AND RECONVENE
Council recessed at 7:12 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:20 p.m. ^
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AGREEMENT WITH
TES RE USE OF CITY FACILITIES
Written Communications:
Report dated February 2, 1988, from the City Manager, forwarding an agreement
with Libros Y Artes which sets the framework for establishing and developing the
City as a center for the study of fine and decorative arts in the Western United
States. The agreement was developed in response to the recent acquisition of the
Mel Martin Antique Furniture Collection by Libros Y Artes and the need to provide a
suitable location for showcasing the collection. The agreement sets forth the Libros
Y Artes guarantee that the Mel Martin Collection and and other future exhibitions
owned by Libros Y Aries shall remain in San Juan Capistrano and only housed at City
facilities or City -approved sites.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to approve the agreement with Libros Y Artes.
2. MID -YEAR BUDGET REPORT (330.20)
Written Communications:
Report dated February 2, 1988, from the Assistant City Manager and the Director of
Administrative Services, advising that a six-month review of the revenues and
expenditures for the 1987-88 budget, and a six-month review of the Capital
Improvement Projects had been completed. The report advised that revenue
projections through the year end showed in an increase of $390,000 over the original
estimate. The report forwarded a list of the appropriations required from the
General Fund and the Internal Service Fund.
Approval of Appropriations:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to receive and file the Mid -Year Budget report and to approve
the appropriation of $269,750 from the General Fund and $16,500 from the Internal
Service Fund. The Director of Administrative Services was directed to transfer
funds to the appropriate accounts.
CITY CLERK
RESOLUTION ESTABLISHING VOTING PRECINCTS, POLL[
Written Cornmunications:
Report dated February 2, 1988, from the City Clerk, forwarding a Resolution setting
forth the voting precincts, polling places and election officers for the General
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rqm
Municipal Election to be held on April 12, 1988. Ten polling places had been
established, with a total of 40 election officers.
The City Clerk advised that Capistrano Pointe Apartments Clubhouse and the Villa
Del Obispo activity room were being used as polling locations for the first time.
Establishing Voting Precincts/Polling Places/Officers:
It was moved by Councilman Buchheim, seconded by Councilman Friess that the
following Resolution be adopted:
L
t'Lr1l.C3 r1:14U C.Lr I-IAJIV %Jrrll.GRJ - r1rR1L I�' 1700,
GENERAL MUNICIPAL ELECTION - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND
POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS
AND FIXING COMPENSATION FOR THE GENERAL
MUNICIPAL ELECTION ON TUESDAY, APRIL 12, 1988,
CALLED BY RESOLUTION NO. 87-12-15-2 OF THE CITY
COUNCIL
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
The City Clerk was authorized to amend the Resolution with regard to names,
addresses, and places, if necessary. The Resolution set compensation for Board
Members at $40 for Inspectors and $35 for Judges and Clerks. Rental of Polling
locations was set at $35 where necessary.
2. RECORDS MANAGEMENT PROGRAM -.RESOLUTION AUTHORIZING
DESTRUCTION OF RECORDS 160.70
Written Communications:
Report dated February 2, 1988, from the City Clerk forwarding a Resolution
authorizing the destruction of certain records. The report advised that records
contained in a total of 61 boxes had exceeded the legal retention period.
Authorization to Destroy Records:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the
following Resolution be adopted:
RESOLUTION NO, 88-2-2-2, DESTRUCTION OF RECORDS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN RECORDS
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The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
LIMITATION ON BUILDING FEES IN WESTSIDE ANNEXATION NO. 2 (620.20)
Written Communications:
Report dated February 2, 1988, from the Director of Community Planning and
Development, advising that owners of vacant parcels in the proposed Westside
Annexation No. 2 were concerned that they would pay higher building and
development fees if the property were annexed into the City. The report forwarded
a resolution providing for payment of either the City of the County fee total,
whichever is less. The resolution included a cutoff date for submission of building
permit application under the resolution of January 1, 1990.
Building Fee Limitation:
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the
following Resolution be adopted:
ON NO. 88-2-2-3, BUILDING FEES -
AIN INV AN IIVIN INV t -1 v ., ,
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RELATING TO BUILDING FEES FOR PROPERTY CONTAINED
WITHIN WESTSIDE ANNEXATION NO. 2
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
DIRECTOR OF PUBLIC WORKS
L QUARTERLY CAPITAL IMPROVEMENT PROJECT REPORT -
Written Communications:
Report dated February 2, 1988, from the Director of Public Works, forwarding an
overview of the activity of the Capital Projects for the City, the Community
Redevelopment Agency, and the Sewer Fund for the second quarter of 1987-88.
With the consensus of Council, Mayor Bland ordered the report received and filed.
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ORDINANCES
REPEAL OF REPLICA FIREARMS ORDINANCE (585.10)
Written Communications:
Report dated February 2, 1988, from the City Clerk, advising that the Ordinance
was introduced at the meeting of January 19, 1988, 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
Friess, seconded by Councilman Hausdorfer that the following Ordinance be adopted:
ORDINANCE NO. 622, REPEALING REPLICA FIREARMS
ORDINANCE - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REPEALING ORDINANCE NO.
607 (REPLICA FIREARMS)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
COUNCIL REMARKS
1. CITIZENS SENSIBLE GROWTH AND TRAFFIC INITIATIVE
Councilman Buchheim stressed the need to disseminate information about the
Citizens Sensible Growth and Traffic Initiative to the residents of the City.
2. PROPOSITION C. ARGUMENTS
Councilman Hausdorfer stated concerns that the argument submitted against
Proposition C may be misleading.
3. COMMENDATIONS, CITY PERSONNEL (610.40)
Councilman Hausdorfer noted a letter dated January 28, 1988, from Bob Newberg,
P.O. Box 2820, Mission Viejo, 92690, commending City employees Harold Muckey,
Mary Laub and Cathy DuCoing for their assistance in the permit issuance process.
4. TRANSPORTATION CORRIDORS - BOND ISSUES (800.50)
Councilman Hausdorfer advised that he had attended a meeting with agencies who
will handle bonding for the County's proposed toll roads. He advised that those
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agencies had expressed concern with the County's economic viability and ability to
repay debt should the Sensible Growth and Traffic Initiative succeed in the June
election.
5. COUNTY SOCIAL SERVICES OFFICE (585.50)
Councilman Friess advised he had been working with various County agencies
regarding retention of the County Social Services function in the South County,
noting that the Board of Supervisors had delayed closing the office until
March 15th. He suggested that there may be a temporary solution.
Finding for Consideration of Off -Agenda Item:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to find that this item was not available prior to publication of
the Council agenda and consideration was necessary at this time.
Authorization to Subsidize Rent:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to allocate $3,600 for three months rent of facilities of the
Social Services Office with a request for reimbursement.
CLOSED SESSION
Council recessed to a Closed Session at 7:54 p.m., for discussion of personnel matters,
the City Clerk being excused therefrom, and reconvened at 8:50 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:50
p.m., to the next meeting date of Tuesday, February 9, 1988, at 7:00 p.m., in the City
Council Chamber.
Respectfully submitted,
iA Y ANN Al OVER, CITY CLERK
ATTEST:
ANTHON .BLAND, MAYOR
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