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88-0405_CC_Minutes_Regular Meeting143 APRIL 5, 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 7:03 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mirian Nelson, Secretary - Bahai Faith/Local Spiritual Assembly. ROLL CALL PRESENT: Anthony L. Bland, Mayor Lawrence F. Buchheim, Mayor pro tem Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: Gary L. Hausdorfer, Councilman 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 March 15, 1988: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of March 15, 1988, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer Adjourned Regular Meeting of March 29, 1988: It was moved by Councilman Buchheim, seconded by Mayor Bland, that the Minutes of the Adjourned Regular Meeting of March 29, 1988, be approved with a correction to Page 2 to note that Councilman Schwartze abstained from the vote. The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim, and Mayor Bland NOES: None ABSTAIN: Councilman Friess ABSENT: Councilman Hausdorfer -1- 4/5/88 144 MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, and Mayor Bland NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. RESOLUTION OF COMMENDATION FOR FAYETTE E. BIRTCHER - 1040mlAAll=VICVNkTll ftin,in Written Communications: Report dated April 5, 1988, from the City Manager, advising that Mr. Fayette E. Birtcher was recently honored by the Orange County Chapter of Retinitis Pigmentosa International as the 1988 "Man of Vision" for his work in helping others afflicted with retinitis pigmentosa. The report forwarded a resolution recognizing Mr. Birtcher for his contributions through the Orange County Chapter of Retinitis Pigmentosa International and for his active involvement in San Juan Capistrano throughout his lifetime. Presentation of Commendation: Mayor Bland read the commendation in full and with the consensus of Council presented the commendation to Mr. Birtcher. 2. CERTIFICATE OF RECOGNITION HONORING ED DAILEY Written Communications: Report dated April 5, 1988, from the Senior Management Assistant, forwarding the Certificate of Recognition honoring Mr. Dailey for his four years of service on the Mobilehome Park Review Committee. Presentation of Certificate: Mayor Bland read the Certificate in full and with the consensus of Council presented the certificate to Mr. Dailey. 3. CERTIFICATE OF RECOGNITION HONORING DEN Written Communications: Report dated April 5, 1988, from the Senior Management Assistant, forwarding the Certificate of Recognition honoring Mr. Hill for his two years of service on the Mobilehome Park Review Committee. Presentation of Certificate: With the consensus of Council, Mayor Bland directed that the certificate be forwarded to Mr. Hill. -2- 4/5/88 4. WEEK OF APRIL 4 THROUGH 10. 1 145 Written Communications: Report dated April 5, 1988, from the City Clerk, forwarding the Proclamation pursuant to a request from the Knights of Columbus Orange County Chapter Charities, Inc. Presentation of Proclamation: Mayor Bland read the Proclamation in full and with the consensus of Council proclaimed the week of April 4 through April 10, 1988, as the "Week of the Disabled." Gregg Doan, Deputy Grand Knight of the San Juan Capistrano Council of the Knights of Columbus, was present to accept the Proclamation. 5. PROCLAMATION DESIGNATING THE WEEK OF APRIL 10 THROUGH 16 1988 AS "BUILDING SAFETY WEEK" 610.40 Written Communications: Report dated April 5, 1988, from the Director of Community Planning and Development, forwarding the Proclamation. Presentation of Proclamation: Mayor Bland read the Proclamation in full and with the consensus of Council proclaimed the week of April 10 through April 16, 1988, as "Building Safety Week." Mark Gibson, Development Services Administrator, was present to accept the Proclamation. 6. PROCLAMATION DESIGNATING THE MONTH OF APRIL. 1988. AS Written Communications: Report dated April 5, 1988, from the Director of Public Works, forwarding the Proclamation. Presentation of Proclamation: With the consensus of Council, Mayor Bland proclaimed the month of April, 1988, as Earthquake Preparedness Month. COMMENDATION OF SHERIFF'S DEPARTMENT Mayor Bland expressed appreciation to the Sheriff's Department Deputies and Volunteers for their work at the various events during the City's recent Heritage Festival. ORAL COMMUNICATIONS PRESERVATION OF ARCHAEOLOGICAL REMAINS (910.50) Robert Frazier, 1212 North Ross Street, Santa Ana, 92701, stated concerns regarding development on culturally significant areas in the vicinity of the Mission. He requested that development of any site within one-half mile of the mission be -3- 4/5/88 halted for a period of 90 days and that Council set a time for a four-hour meeting for interested persons to present archaeological depositions and recommendations for development. 2. RELOCATION ASSISTANCE Han Chua, operator of the Ortega Highway Chevron, expressed appreciation for relocation assistance given him in his recent move from the Texaco station on Ortega Highway to the Chevron station. 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, Friess, Buchheim and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer APPROVAL OF WARRANTS (300.30) The Lists of Demands dated March 10, 1988, Warrant Nos. 6,809, 6,810, 6,903-7,068, and 7,073-7,076, in the total amount of $29,366.49, and dated March 24, 1988, Warrant Nos. 7,072, and 7,077-7,365, in the total amount of $487,375.96, were approved as submitted. 2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50) The City Treasurer's Report of Cash Fund Balances as of February 29, 1988, in the total amount of $158,526.92, was approved as submitted. 3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60 The Report dated April 5, 1988, from the Director of Community Planning and Development, regarding actions taken at the meeting of March 16, 1988, was ordered received and filed. 4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated April 5, 1988, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of March 22, 1988, was ordered received and filed. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated April 5, 1988, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of March 14, 1988, was ordered received and filed. -4- 4/5/88 14'7 6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated April 5, 1988, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of March 21, 1988, was ordered received and filed. 7. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated April 5, 1988, from the Secretary of the Planning Commission regarding actions taken at the meeting of March 22, 1988, was ordered received and filed. 8. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated April 5, 1988, from the Secretary of the Traffic and Transportation Commission regarding actions taken at the meetings of March 9, and March 23, 1988, was ordered received and filed. 9. DENIAL OF CLAIM (FRED McCUISTION) (170.70) The Claim received by the City on March 3, 1988, from Fred R. McCuistion, in the amount of $57,815.60, for personal injuries, was denied, as set forth in the Report dated April 5, 1988, from the City Attorney. 10. DENIAL OF CLAIM (BENJAMIN WRIGHT) (170.70) The Claim received by the City on March 10, 1988, from Attorney Wallace R. Davis on behalf of Benjamin D. Wright, in the amount of $1,000,000, for personal injuries and property damage, was denied, as set forth in the Report dated April 5, 1988, from the City Attorney. 11. DENIAL OF CLAIM (KAREN FILGER) (170.70) The Claim received by the City on March 7, 1988, from Attorney Myron R. Fisher, on behalf of Karen Filger, in the amount of $25,000, for personnel injuries, was denied, as set forth in the Report dated April 5, 1988, from the City Attorney. 12. REPLACEMENT OF TWO PICK UP TRUCKS - APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS (370.30) As set forth in the Report dated April 5, 1988, from the Director of Public Works, specifications for one mid-size four-wheel drive utility vehicle and one !-ton four- wheel drive pick up, were approved. Funds were budgeted in the Internal Service Fund Account No. 16-6313-4440. The cost for the two vehicles was estimated at $25,000. Staff was authorized to call for bids. -5- 4/5/88 M/ 4 • PUBLIC HEARINGS TENTATIVE PARCEL MAP 87-476 - A REOUEST TO OF Proposal: Consideration of a request to combine five parcels totaling approximately 10 acres into one parcel to accommodate the approved plans for the Capistrano Business Center, Architectural Control 87-9. The property is located at the westerly terminus of Paseo Espada, south of the Best Western Inn and Denny's and is within Planning Sector B of the Ortega Planned Community. The site is presently vacant. Surrounding uses include the 1-5 Freeway to the west, a service station, restaurant, and motel to the north, and vacant property to the south and east. The proposed parcel map is consistent with the provisions of Specific Development Plan 78-1. Applicant: Dr. Fred M. Seligman, Capistrano Enterprises, 2100 Howell Avenue, Suite 109, Anaheim, 92807. Written Communications: Report dated April 5, 1988, forwarding the Planning Commission recommendation of approval. Exhibits were on display and the City Planner made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Tentative Parcel Map 87-476: It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the following Resolution be adopted: UTION NO. 88-4-5-1. APPROVING TENTATIVE PARCEL V 1LJV MV /rnJ". LJrn"lj - n RLJVLV AVIV Vi 1111.: L.11 I COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 87-476 (CAPISTRANO ENTERPRISES/SELIGMAN) (RANCHO VIEJO ROAD/PASEO ESPADA) The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None -6- 4/5/88 n 149 Proposal: Consideration of a request to close Del Obispo Street from Camino Capistrano to Ortega Highway for a 60 -day period between June and October, 1988, for construction of the Del Obispo Street Storm Drain. Construction would take place between 9:00 p.m., and 6:00 a.m., to minimize traffic disruption. Applicant: This was a City -initiated public hearing. Written Communications: Report dated April 5, 1988, from the Director of Public Works, advising that the Board of Directors of the Community Redevelopment Agency would be requested to approve the plans and specifications for the proposed construction. The report noted that at the present time it was not possible to give precise construction dates. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Street Closures: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to approve the temporary street closure of Del Obispo Street from Camino Capistrano to Ortega Highway between the hours of 9:00 p.m., and 6:00 a.m., to permit construction of the Del Obispo Street Storm Drain from Camino Capistrano to the future Forster Lane. Construction during daylight hours will be minimal. RECESS AND RECONVENE Council recessed at 7:37 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:22 p.m. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. HARRIS/RANCHO SIERRA VISTA STABLES - RESOLUTION OF APPROVAL Written Communications: Report dated April 5, 1988, from the Director of Community Planning and Development, advising that the appeal of conditions of approval for the modification to Conditional Use Permit 81-5 had been approved on March 15, 1988, to allow an additional 69 horses and barn structures. The Resolution was consistent with -7- 4/5/88 150 Council direction regarding improvements to Trabuco Creek and design standards for structures within the floodway, and included a condition providing for a flexible one- year time limit for obtaining building permits. Jerry Harris, 31441 Avenida de la Vista, stated concurrence on all conditions with the exception of Condition 11, which required submittal of landscape plans to the Planning Commission for review. He requested that the condition be amended to reflect the original condition set in 1981 to submit final landscape plans to the Director of Community Planning and Development for review and approval. Approval of Modifications to Conditional Use Permit 81-5: It was moved by Councilman Friess, seconded by Councilman Buchheim that the following Resolution be adopted with an amendment to Condition 11 to reflect submittal of final landscape plans to the Director of Community Planning and Development for review and approval: OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING MODIFICATIONS TO CONDITIONAL USE PERMIT 81-5 (HARRIS) FOR AN ADDITIONAL 69 HORSES FOR A MAXIMUM OF 365 HORSES, RELATED BARN STRUCTURES, AND ACCESSORY STRUCTURES The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None 2. PROPOSED GYMNASIUM AT ST. MARGARET'S SCHOOL ARCHITECTURAL CONTROL 87-16, CLARIFICATION OF PARKING RECOMMENDATION 410.60) Written Communications: Report dated April 5, 1988, from the Director of Community Planning and Development, clarifying the Planning Commission's modification of the Traffic and Transportation Commission recommendation by placing the following conditions related to parking: (1) Parking - A total of 245 parking spaces shall be provided for gymnasium parking. A letter agreement shall be executed between the applicant and the Church of the Nazarene allowing joint use of this facility in order to provide a minimum of 245 parking spaces. (2) Special Events - All special events to be held in the gymnasium shall be scheduled after 4:00 p.m. Special events shall not be held concurrently in the gymnasium, parish hall or sanctuary. 0 4/5/88 151 The report advised that staff felt the intent of the Traffic and Transportation Commission's recommendation was being fulfilled by the Planning Commission action. Joseph Samperi, member of the Traffic and Transportation Commission, reiterated the Commission's concerns and advised that the Commission had requested that St. Margaret's provide a long-range parking plan, which had not been done. He stated that St. Margaret's and the Church of the Nazarene were growing entities and shared parking was not a long-term solution to the parking problems in the area. Council concurred that a proposed solution for parking in the long-term was critical and there was a consensus to direct that a letter be prepared for the Mayor's signature requesting a long-term parking plan and advising that Council would not be interested in seeing any additional expansions until a master plan for the property had been received. With the consensus of Council, Mayor Bland ordered the report received and filed. DIRECTOR OF PUBLIC WORKS RESOLUTION/APPLICATION FOR ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUNDS - CAMINO CAPISTRANO ASPHA Written Communications: Report dated April 5, 1988, from the Director of Public Works, recommending that the City apply for $168,500 in Orange County Unified Transportation Trust funds for the rehabilitation of Camino Capistrano from the south City limits to 2,200 feet south of San Juan Creek Road in the vicinity of the Car Wash. The report advised that the program requires at 50% match with local funds. Approval of Application: It was moved by Councilman Schvartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 88-4-5-3, ORANGE COUNTY UNIFIED TP ANCPCIPTATTC1N TRACT PI INJn PPnIP(T V IRAArTTAT - R Vlly l� W 1 J111 - !l RLJVLU 1 I IN VIl I I" U1 1 I.VUINl L1 OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE STREETS .AND ROADS COMPONENT OF THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUND PROGRAM THE REHABILITATION OF CAMINO CAPISTRANO FROM THE SOUTH CITY LIMITS TO 2,200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH) -9- 4/5/88 152 2. 3. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer The City Clerk was directed to forward two certified copies of the Resolution to the Orange County Transportation Commission. TRANO ASPHALT CONCRETE OVERLAY. I-5 RAMPS Written Communications: Report dated April 5, 1988, from the Director of Public Works, requesting approval of plans and specifications for the asphalt concrete overlay of Camino Capistrano from the I-5 Ramps at San Juan Creek Road to 1,700 feet south (car wash). The 1988-89 Capital Improvement Project Budget included $281,000 for the rehabilitation work. Staff requested a budget amendment to allocate $80,000 to this project in the current fiscal year. Approval of Plans, Specifications and Call for Bids: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the plans and specifications for the asphalt concrete overlay of Camino Capistrano from the I-5 freeway ramps at San Juan Creek Road to 1,700 feet south (car wash) and to authorize a budget amendment of $80,000 from the 1988-89 Capital Improvement Project Budget. Staff was authorized to call for bids. Written Communications: Report dated April 5, 1988, from the Director of Public Works, forwarding an ordinance which will update regulations pertaining to emergency organization and functions within the City. Approval of Amendment: 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 Friess that the following Ordinance be introduced: AMENDING CHAPTER 1, "CIVIL DEFENSE" "PUBLIC SAFETY" OF THE MUNICIPAL CODE PREPAREDNESS -10- CALIFORNIA, OF TITLE 4, (EMERGENCY 4/5/88 153 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer 4. JOINT EXERCISE OF POWERS AGREEMENT CREATING THE CAPISTRANO VALLEY WASTEWATER AUTHORITY 600.50 Written Communications: Report dated April 5, 1988, from the Director of Public Works, forwarding a joint powers agreement setting forth the financial, legal, and administrative authority of the City and the Capistrano Beach Sanitary District in the creation of the Capistrano Valley Wastewater Authority to operate a joint facility at the northern boundary of Capistrano Beach. The City's share of the treatment plant project construction was estimated at $12,000,000. The report requested an initial allocation of $50,000 for the start up of the Authority. Creation of Capistrano Valley Wastewater Authority and Appointment ..F r\{_... -s..--. It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to approve the Joint Exercise of Powers Agreement creating the Capistrano Valley Wastewater Authority and to authorize the allocation of $50,000 from the Sewer Enterprise Fund for Authority operations. Mayor Bland and Councilman Buchheim were appointed as Directors to the Authority, and the City Manager and the Director of Public Works were appointed as Alternate Directors to represent the City. 5. AWARD OF API Written Communications: Report dated April 5, 1988, from the Director of Public Works, forwarding results of bids received for the Camino Capistrano Bridge Landscaping Project. The report recommended award of the contract to the low responsible bidder, Tracy and Haigh Landscaping, Inc. The report advised that the project will be funded from the Systems Development Tax; however, there are currently no grant funds available. A budget transfer was requested. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the contract for the Camino Capistrano Bridge Landscaping Project to the low responsible bidder, Tracy and Haigh Landscaping, Inc., of Rancho Santa Margarita, in the amount of $73,900. All other bids were rejected. The Mayor and City Clerk were authorized to execute the document on behalf of the City. A budget transfer in the amount of $103,000 from the Camino Capistrano Rehabilitation - Oso to Acjachema Project to the Camino Capistrano Bridge Landscaping Project was authorized. -ll- 4/5/88 154 11 Written Communications: Report dated April 5, 1988, from the Director of Public Works, requesting a budget adjustment in order to acquire right-of-way from San Diego Gas and Electric for the extension of San Juan Creek Road to the Rancho San Juan project. The easement will cost the City $19,458; an additional $2,000 was requested to cover appraisal and transfer costs. Approval of Budget Adjustment/Payment: It was moved by Councilman Buchheim, seconded by Councilman Friess and carried with Councilman Hausdorfer absent and Councilman Schwartze abstaining, to authorize the budget adjustment in the amount of $21,500 and to approve payment to San Diego Gas and Electric in the amount of $19,458. 7. PREPARATION OF STORM DRAIN F Written Communications: Report dated April 5, 1988, from the Director of Public Works, requesting approval of an agreement with IWA Engineers for preparation of the City's Storm Drain Facility Master Plan. Cost for the consultant services is in an amount not to exceed $19,200. Funds were budgeted in Account No. 12-6900-4705-129; a transfer of $7,000 from the Drainage Fund Reserve was requested to cover the contract and administrative costs. Approval of Agreement/Transfer of Funds: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the transfer of $7,000 from the Drainage Fund Reserve and to approve the Consulting Services Agreement for Preparation of the Storm Drain Facility Master Plan. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. COUNCIL REMARKS SOLO FLIGHT BY TONY ALIENGENA (610.40) Councilman Friess noted the accomplishments by 9 -year-old Tony Aliengena and requested that a commendation be prepared. 2. PARKING OF VEHICLES FOR SALE Councilman Buchheim requested that sensitivity be used in issuing citations. 3. ANNUAL OAKS CLASSIC EQUESTRIAN EVENT (930.40) Mayor Bland advised he had met with Joan Irvine Smith and noted that the annual event was scheduled for June. -12- 4/5/88 155 CLOSED SESSION Council recessed to a Closed Session at 8:55 p.m., for discussion of pending litigation pursuant to Government Code Section 64966.1(bxl), the City Clerk being excused therefrom, and reconvened at 9:27 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:27 p.m., to the next regular meeting date of Tuesday, April 19, 1988, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, A Y ANNANZOVEW, CITY CLERK ATTEST: ANTHONY LAND, MAY -13- 4/5(88