88-0517_CC_Minutes_Regular Meeting191
MAY 17, 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 Hausdorfer at 7:05 p.m., in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor
Michael Carlisle, Capistrano Valley Church.
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; 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 May 3, 1988:
It was moved by Councilman Schwartze, seconded by Councilman Friess that the Minutes
of the Regular Meeting of May 3, 1988, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Schwartze, Friess, Bland,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Bland, 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
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PRESENTATIONS AND COMMENDATIONS
PRESENTATION OF AWARDS TO
Written Communications:
Report dated May 17, 1988, from the Senior Management Assistant, advising that
the San Juan Capistrano Historical Society wished to announce the winners of the
high school student essay contest held to celebrate Historic Preservation Days in San
Juan Capistrano. The first place winner will receive $1,000; the second place winner
will receive $600; and, the third place winner will receive $400. The three finalists
were Bridget Flynn, San Clemente High School; David Newton, San Clemente High
School; and Thomas Treacy, Capistrano Valley High School.
Presentation of Awards:
Mike Darnold, President of the Historical Society was present and with the
assistance of Mayor Hausdorfer presented the awards and trophies to: Tom Treacy,
first place; Bridget Flynn, second place; and, David Newton, third place. Mr.
Darnold advised that Tom Treacy's name will be added to the list of winners
engraved on the perpetual trophy.
PROCLAMATION DESIGNATING MAY 14 - 22, 1988, AS
Written Communications:
Report dated May 17, 1988, 1988, from the Senior Management Assistant,
forwarding the Proclamation.
Presentation of Proclamation:
With the consensus of Council, Mayor Hausdorfer proclaimed May 14 - 22 1988, as
Historic Preservation Days. Tony Forster, Chairman of the Cultural Arts and
Heritage Commission, was present to accept the Proclamation.
3. PROCLAMATION DESIGNATING MAY 15 - 21 1988 AS
"PUBLIC WORKS WEEK" 610.40
Written Communications:
Report dated May 17, 1988, from the Director of Public Works, forwarding the
Proclamation.
Presentation of Proclamation:
With the consensus of Council, Mayor Hausdorfer proclaimed May 15 - 21, 1988, as
Public Works Week. William D. Murphy, Director of Public Works, was present to
accept the Proclamation. _
4. PRESENTATION TO ASSISTANT CITY MANAGER (700.10)
Mayor Hausdorfer advised that the Assistant City Manager, Glenn Southard, had
been appointed as City Manager of the City of Claremont. Mayor Hausdorfer read a
resolution of commendation and presented a plaque to Mr. Southard and a bouquet to
Mrs. Southard. Council expressed congratulations and appreciation to Mr. Southard
for his service to the City.
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ORAL COMMUNICATIONS
1. LANDSCAPE MAINTENANCE DISTRICT NO. 1 (345.20)
Ron Manning, 29711 Monarch Drive, cited concerns that the residents' desire to
dissolve the District not be overlooked. Staff was directed to respond to Mr.
Manning's concerns.
2. FRIENDS OF HISTORIC SAN JUAN CAPISTRANO (910.50)
John Tatum, 31086 Via San Vicente, presented the Friends of Historic San Juan
Capistrano policy statement that all evidence of the mission pueblo and environs of
historic San Juan Capistrano be preserved intact; that only authentic development of
the area be permitted; and, that reconstruction of old structures be encouraged, and
altering, demolishing or contradicting the mission and pueblo atmosphere not be
allowed. The policy statement advised that a market and economic feasibility study
of the policy would be prepared, including exploration of the feasibility of a drive to
acquire funds to initiate a Mission Pueblo Trust in order to purchase lands from
present owners willing to sell.
ORANGE COUNTY CENTENNIAL (150.60)
Frank Ducey, 201 Calle Felicidad, San Clemente, advised that Chapman College was
sponsoring a Conference on Orange County History on October 28 and October 29, as
part of the year-long celebration of Orange County's centennial. He requested
consideration of a panel discussion on the relationship of the City and the County
from the early origins of the City to the future, with possible presentation of a
paper by one of the Councilmen. Staff was directed to respond to his request.
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
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated May 5, 1988, Warrant Nos. 7,990-7,993, 7,995-7,999, and
8,10408,262 in the total amount of $765,226.42, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of April 30, 1988, in the total amount
of $17,585,937.50, was approved as submitted.
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3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60)
The City Treasurer's Report of 1911 Act Bond Delinquencies as of April 30, 1988, in
the total amount of $1,336.18, was approved as submitted. -
4. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of March 31, 1988, in the
total amount of $44,730.57, was approved as submitted.
5. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated May 17, 1988, from the Secretary of the Architectural Board of
Review, regarding actions taken at the meeting of May 4, 1988, was ordered
received and filed.
6. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated May 17, 1988, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of April 26, 1988, was
ordered received and filed.
7. REPORT OF ECONOMIC DEVELOPMENT COMMISSION ACTIONS (470.20)
The Report dated May 17, 1988, from the Secretary of the Economic Development
Commission, regarding actions taken at the meeting of April 27, 1988, was ordered
received and filed.
S. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated May 17, 1988, from the Secretary of the Equestrian Commission,
regarding actions taken at the meeting of May 9, 1988, was ordered received and
filed.
9. REPORT OF LOS RIOS REVIENX COMMITTEE ACTIONS (400.50)
The Report dated May 17, 1988, from the Secretary of the Los Rios Review
Committee, regarding actions taken at the meeting of April 28, 1988, was ordered
received and filed.
10. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated May 12, 1988, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of May 10, 1988, was ordered received and
filed.
11. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated May 17, 1988, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of April 13 and
April 27, 1988, was ordered received and filed.
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AY - VIA ESTENAGA TO AVENIDA SIEGA -
As set forth in the report dated May 17, 1988, from the Director of Public Works,
the construction of the Vereda Bikeway from Via Estenana to Avenida Siega was
completed.
Acceptance of Work:
The following Resolution was adopted:
T
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE VEREDA BIKEWAY FROM VIA
ESTENAGA TO AVENIDA SIEGA (ZAGROS COMPANY)
The Resolution accepted the work as complete in the amount of $39,416.30, and
directed the City Clerk to forward a Notice of Completion to the County Recorder.
Payment status was as follows:
Total Project Cost $39,416.30
Less 10% Retention as revised to
reflect a $335 reduction for
additional compaction testing 3,586.63
Amount Due $35,829.67
Staff was authorized to make payment as indicated and to release the 10% retention
35 days after recording the Notice of Completion.
CITY DRAINAGE IMPROVEMENTS, AVENIDA AEROPUERTO, VIA PASTORAL
TO VIA ARBOLEDA AND CASA GRANDE DRIVE - AWARD OF CONTRACT
GILLESPIE CONSTRUCTION 600.30
This item was removed from the Consent Calendar at the request of Councilman
Schwartze, who advised he would abstain from voting on the item due to a conflict
of interest.
It was moved by Councilman Buchheim, seconded by Councilman Bland and
unanimously carried with Councilman Schwartze abstaining, to award the contract
for construction of City Drainage Improvements to the low responsible bidder,
Gillespie Construction, Inc., of Costa Mesa, in the amount of $57,639, as set forth in
the report dated May 17, 1988, from the Director of Public Works. All other bids
were rejected. The Mayor and City Clerk were authorized to execute the documents
on behalf of the City.
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PUBLIC HEARINGS
This Public Hearing was continued from the meeting of May 3, 1988.
Proposal:
Consideration of an appeal of the March 22, 1988, Planning Commission approval of
a conditional use permit to allow a 400 -square -foot secondary dwelling unit at 27001
Paseo Activo.
Applicant:
Linn Avattar, 24856 Jeronimo Lane, El Toro, 92630.
Appellant:
Brian and Susan Demsey, 27002 Paseo Activo, San Juan Capistrano.
Written Communications:
1 T Report dated May 17, 1988, from the Director of Community Planning
and Development, recommending confirmation of the Planning
Commission's approval based on legal provisions governing secondary
dwelling units. The report forwarded 10 letters from area residents
citing concerns regarding possible rental of the secondary dwelling unit,
architectural integrity, lack of proper public notice, consistency with
the General Plan, and traffic generation.
(2) Letter dated May 11, 1988, from Brian and Susan Demsey, 27002 Paseo
Activo, urging denial of the permit to construct a secondary dwelling
unit.
Exhibits were on display and the City Planner discussed State and City regulations
regarding secondary dwelling units. He advised that the proposed project met all
criteria for secondary dwelling units according to State and City regulations; he
further advised that State law precluded denying secondary dwelling units based on
rentability, General Plan consistency or density. Mr. Tomlinson noted fees that
would apply to the project; cited events leading to the request for a conditional use
permit for a secondary dwelling unit; and, advised that discretionary actions
available to Council included areas where mitigation would be required to
accommodate the secondary dwelling unit, and application of a condition requiring
that the primary unit be owner occupied.
Public Hearing: —
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following persons responded in favor of the project:
(l) Linn Avattar, 24856 Jeronimo Lane, El Toro, applicant, advised that the
unit had originally been intended as a cabana, and had been detached
from the primary dwelling unit to better serve the proposed lap pool and
to create a privacy zone. It had always included a bathroom, sink and
shower. She stated that installation of the sink had created the need
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for a conditional use permit, which in turn required one off-street
parking space. She stated that the unit would be occupied by her
mother; further she had no problem with including a condition that the
primary unit must be owner occupied. She discussed the two variances
required for the home, and configuration of the area in terms of traffic
impacts.
(2) Bea Montaforte, 24856 Jeronimo Lane, El Toro, spoke in support of the
project and advised that she intended to occupy the unit.
The following persons spoke in opposition to the project:
(1) William Cunningham, 4053 Via Manzana, cited concerns that the carport
was not consistent with any other home in the area and that it could be
used for additional storage. He cited additional concerns regarding
actions of future owners of the house and the negative impact on the
character of the neighborhood.
(2) Mike Tolmasoff, 27082 Paseo Activo, cited opposition to the proposed
carport and the potential for renting the unit. He questioned the
terminology that a second unit may be granted for a lot containing an
existing single-family dwelling, noting that this was all new
construction. The City Attorney advised that State law did not define
"existing" and it would not be retroactive to a pre-existing unit.
(3) Frank and Alexis Brandvold, 27052 Paseo Activo, advised they had
specifically relocated to an area of single-family homes and stated
concerns that the use and occupancy of a dual family residence could
not be effectively monitored once it was sold.
(4) Anita A ilkin, 27091 Paseo Activo, stated concern that a secondary
dwelling unit would negatively impact the value of her home.
(5) Susan Demsey, 27002 Paseo Activo, appellant, cited frustration that
State laws could change and negatively impact the character of a
neighborhood. She stated her understanding that the unit could have
had a sink without a driveway or conditional use permit if a deed
restriction had been accepted.
(6) Nancy Kiefer, 4051 Manzana, stated concerns that storage and trash
containers would overflow into the carport area and increase existing
problems with coyotes and wildcats in the area.
(7) Bill Scales, Paseo Peregrino, stated that the project would compromise
the integrity and value of the neighborhood.
(8) Brian Demsey, 27002 Paseo Activo, stated that the project was not
within the intent or spirit of State regulations that secondary dwelling
units provide affordable housing for low-income persons. He cited
standards that could be imposed on secondary dwelling units, including
parking, height, setback, lot coverage, and architectural review, and
stated that a position be taken that the standards must be met.
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(9) Steve Kingston, 4011 Calle Abril, stated that the home has two one -car
garages and that one of the rights in a single-family zone was to an
enclosed garage. A condition should be placed on the secondary unit to
provide an enclosed garage.
Linn Avattar, applicant, reiterated that rental of the secondary dwelling unit
was a moot point; stated she had been advised she had met the necessary
requirements; and, advised she was willing to work with staff to avoid further
delay of the project.
There being no further response, Mayor Hausdorfer closed the Public Hearing with
the right to re -open at any time.
Council Discussion:
Discussion ensued regarding access to the carport via a curb cut in San Clemente.
Councilman Bland stated that direction should be given that any parking connected
with the unit be enclosed. In response to Mayor Hausdorfer, Mr. Tomlinson advised
that Council had the discretion to require the off-street parking to be enclosed; that
at its present location an enclosed structure could not be accommodated.
Motion to Uphold Planning Commission Decision/Enclosed Garage Failed:
It was moved by Councilman Bland, seconded by Councilman Friess to reaffirm the
Planning Commission's action of approval of the conditional use permit with the
added requirement that the parking space for the secondary dwelling unit be an
enclosed garage. The motion subsequently failed by the following vote:
AYES: Councilman Bland
NOES: Councilmen Schwartze, Friess, Buchheim
and Mayor Hausdorfer
ABSENT: None
Councilman Friess stated that it was presumptive to approve the project without
knowing if San Clemente would allow the curb cut, and for that reason he would not
support upholding the Planning Commission's decision. Councilman Buchheim cited
frustration at being pre-empted by State regulations. He was advised that the
project could not be conditioned to require that renters be related to owners of the
primary unit. Mayor Hausdorfer stated concerns with the parking situation in terms
of appearance, visual impact on the neighborhood, and how the setback requirements
would be affected by an enclosed garage. He stated that the project had
transitioned to something that may not have been approved had it gone through the
normal review process. —
Appeal Upheld:
It was moved by Councilman Schwartze, seconded by Councilman Friess to uphold
the appeal and deny the project. The motion was subsequently amended to include
findings that the denial was based on the traffic impacts arising from the siting of
the carport next to the cabana, visual impacts of the carport on nearby properties,
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and aesthetic disharmony of the carport in relation to other structures in the
neighborhood. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim and
Mayor Hausdorfer
NOES: Councilman Bland
ABSENT: None
Staff was directed to prepare and schedule a Resolution setting forth the findings
for denial for the meeting of June 7, 1988. There was a consensus of Council that
Mayor Hausdorfer communicate with elected State officials regarding the impacts
of the State's secondary dwelling unit regulations.
RECESS AND RECONVENE
Council recessed at 9:05 p.m., and reconvened at 9:10 p.m.
2. EXTENSION OF INTERIM ORDINANCE NO. 625 -
Proposal:
Consideration of an extension of Ordinance No. 625, which established a moratorium
on the creation of new equestrian uses, or additions thereto, in the Avenida de la
Vista area pending a zoning study by the Planning Department, since that study will
not be completed within the initial 45 -day period.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated May 17, 1988, from the City Attorney, forwarding an Ordinance to
extend the moratorium for a period of 10 months and 15 days, or until March 1,
1989.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded:
(1) Blanche Chestek, 26438 Paseo Carmel, cited concerns and was advised
that the proposed action extended the present moratorium on increasing
stable size and uses in the area until a study could be completed.
There being no further response, Mayor Hausdorfer closed the Hearing with the right
to re -open at any time.
Approval of Extension of Ordinance No. 625:
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 Buchheim that the following Ordinance be
introduced:
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629
ANCE NO.
t'KVYVJl1LJ ['VK Cl1-L:. AN
v.��..�
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, —
EXTENDING INTERIM ORDINANCE NO. 625, ESTABLISHING
RESTRICTIONS ON DEVELOPMENT PROPOSALS FOR
EQUESTRIAN USES, OR ADDITIONS THERETO, PURSUANT TO
GOVERNMENT CODE SECTION 65858
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS
INITIATION OF GENERAL PLAN AMENDMENT - VIA ESTELITA (440.25)
This item was taken out of order on the Agenda for the benefit of persons in the
audience.
Written Communications:
1 Report dated May 17, 1988, from the Director of Public Works, setting
forth a history of development in the Via Estelita area which resulted in
concerns regarding traffic access and impacts. City staff conducted
three major public workshops to receive input from all residents in the
area. The report set forth the positions of three different groups of
residents in the area and provided a staff analysis and recommendation
on the proposals, which included:
(a) a General Plan Amendment to delete the commuter designation
for Via Estelita;
(b) either delete the public trail linkage from the existing terminus to
Peppertree Bend, or designate the linkage as a private trail;
(c) cul-de-sacing of Via Estelita; —
(d) construction of a driveway access to connect to Avenida Evita
Private;
(e) City construction of a barricade at the public terminus of Avenida
Evita;
(f) disposition of easements and irrevocable offers granted to the
City;
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(g) land use density designation; and,
(h) installation of security gates on the future private driveway.
(2) Letter dated May 16, 1988, from Gordon A. Schaller, 26022 Via
Arboleda, stating that the staff report did not adequately address the
issues of traffic impacts on the intersection of Del Obispo and Aguacate
Road and did not analyze the environmental impacts of the proposed
changes on the affected neighborhoods.
With the use of slides and exhibits, the Director of Public Works discussed the
background of the item and the concerns and proposals of the residents. He advised
that the Equestrian Commission was reviewing the request to delete the equestrian
trail linkage to Peppertree Bend and a recommendation would be submitted upon
completion of the study. He advised that the recommended action would begin the
formal review process; no final decision would be made at this time.
Public Input:
1 Gordon Schaller, 26022 Via Arboleda, stated concurrence with the staff
recommendation to delete the commuter designation on Via Estelita,
but cited concerns that there had been insufficient input and
consideration for traffic flows and future development on the private
extension of Avenida Evita.
(2) Dick Spaulding, 31611 Sacarama Lane, stated that the residents have
tried to conform to Council direction and would be willing to work with
staff if the Rogers tract were to be oriented to .Aguacate Road. He
presented a letter dated May 17, 1988, regarding the Aguacate feeder
equestrian trail system and requested an opportunity to work with the
Equestrian Commission on that issue.
(3) Paul Rothenberg, 31795 Avenida Evita, stated that the residents of Sun
Ranch support the staff recommendation for a general plan amendment
and barricading of the public portion of Avenida Evita, advising that the
combination of a public and private Avenida Evita has created traffic
hazards.
(4) Mibs Matthews, 26332 Calle Roberto, stated he had just become aware
of the process and cited concerns that there were affirmative
recommendations on the issues.
(5) Bill Griffith, 26211 Calle Roberto, stated support for the general plan
process, suggested a re-evaluation of the traffic impacts on the Del
Obispo/Aguacate intersection, and suggested consideration of installing
turn lanes into and out of Aguacate onto Del Obispo.
Initiation of General Plan Amendment:
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried to initiate consideration of a General Plan Amendment to
delete Via Estelita as a commuter road and to provide for the corresponding land use
density designation as one major area. Council approved in concept staff's
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recommendations to cul-de-sac Via Estelita approximately 100 feet northwest of the
existing terminus of Via Estelita; to grade an equestrian feeder trail to Peppertree
Bend; and, to establish a future condition on development for the construction of a
private drive between Via Estelita and Private Avenida Evita, and the construction
of permanent barricades at the end of the public cul-de-sac and Avenida Evita.
RECESS AND RECONVENE
Council recessed at 9:55 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 11.07 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
CITY COUNCIL
PROPOSITIONS -
Written Communications:
Report dated May 17, 1988, from the City Manager, advising that Propositions 70,
71, 72, 74, 75, and 77 on the June, 1988, ballot could have an impact on the City.
The report forwarded a description of each Proposition and the position taken on
each by the League of California Cities.
Position on Propositions:
Proposition 70: Wildlife, Coastal and Park Land Conservation Bond Act - it was
moved by Councilman Friess, seconded by Councilman Schwartze and carried with
Councilman Bland abstaining to support Proposition 70.
Proposition 71: Appropriation Limit Adjustment - it was moved by Councilman
Friess, seconded by Councilman Schwartze and carried with Councilman Bland
abstaining to support Proposition 7l.
Proposition 72: Emergency Reserve - it was moved by Councilman Friess, seconded
by Councilman Schwartze and carried with Councilman Bland abstaining to oppose
Proposition 72.
Proposition 74: Deddeh Transportation Bond Act - it was moved by Councilman
Friess, seconded by Councilman Schwartze and unanimously carried to support
Proposition 74.
Proposition 75: School Facilities Bond Act of 1988 - it was moved by Councilman
Schwartze, seconded by Councilman Friess and carried with Councilman Bland
abstaining to support Proposition 75.
Proposition 77: California Earthquake Safety and Housing Rehabilitation Bond Act
of 1988 - it was moved by Councilman Friess, seconded by Councilman Schwartze
and carried with Councilmen Bland and Buchheim abstaining to support Proposition
77.
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2. WASTE MANAGEMENT PLANNING (810.10)
Written Communications:
Report dated May 17, 1988, from the Assistant City Manager, forwarding a report
describing the background regarding the Prima Deschecha Landfill, the status of
waste management in Orange County, and some issues that need resolution. The
report advised that with increasing pressure for landfill sites and the need to dispose
of hazardous waste, it was important for the City to take an active role in decision-
making regarding use of the landfill to avoid adverse impacts in the future.
Formation of Council/Staff Committee for Waste Management Planning:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried to establish a Council/Staff Committee for Waste Management
Planning and to appoint Councilmen Friess and Buchheim to represent the Council.
Staff representatives will be Steve Julian, Tom Merrell, Bill Murphy, and Ray
Auerbach, General Manager of the Capistrano Valley Water District.
3. PURCHASE OF EL HORNO STREET KILN PROPERTY (LAMPERT) (670.20)
Written Communications:
Report dated May 17, 1988, from the City Manager, advising that in August, 1987,
Council authorize negotiations to begin for the purchase of property located at
31401 El Horno Street. The property is the site of a kiln, believed to date from the
1790's, used to fire tiles for construction of the Mission. The owner had agreed to
sell the property to the City at the appraised value of $166,000. Due to additional
conditions relating to the sale, the report recommended consideration in a Closed
Session.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. R
Written Communications:
Report dated May 17, 1988, from the Director of Administrative Services, advising
that Article 13B of the State Constitution required local governments to establish a
limitation on the amount of proceeds from taxes which may be appropriated for
expenditures. The limit set for the 1988-89 fiscal year was $17,670,085.00.
Establishing Appropriation Limits:
It was moved by Councilman Friess, seconded by Councilman Buchheim that the
following Resolution be adopted:
RESOLUTION NO. 88-5-17-2, ESTABLISHING APPROPRIATION
LIMITS - 1988-89 FISCAL YEAR - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING APPROPRIATION LIMITS FOR
THE 1988-89 FISCAL YEAR
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
DIRECTOR OF PUBLIC WORKS
AVENIDA DEL ROSAL/VIA DEL REY AND AVENIDA
Written Communications:
Report dated May 17, 1988, from the Director of Public Works, advising that staff
had been asked by residents of the Harbor Lane Homeowners Association to evaluate
existing traffic and circulation conditions at the intersection of Avenida del Rosal
and Via del Rey with regard to the need for installation of a one-way stop sign. The
report forwarded the recommendation of staff and the Traffic and Transportation
Commission to install southbound stop signs on Avenida del Rosa[ and Avenida
Descanso at their intersections with Via del Rey.
Approval of Stop Approaches:
It was moved by Councilman Buchheim, seconded by Councilman Bland and
unanimously carried to designate Avenida del Rosal at Via del Rey, and Avenida
Descanso at Via del Rey as "stop" approaches and to direct the City Traffic Engineer
to install the appropriate regulatory devices.
2. REHABILITATION OF CAMINO CAPISTR.ANO - OSO ROAD
Written Communications:
Report dated May 17, 1988, from the Director of Public Works, forwarding results of
bids received for the Rehabilitation of Camino Capistrano from Oso Road to
Acjachema Street. The report advised that the project was 50% funded by the
Orange County Unified Transportation Trust Fund and award of the contract was the
appropriate time to request release of 90% of that funding.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to award the contract for Rehabilitation of Camino Capistrano
from Oso Road to Acjachema Street to the low responsible bidder, Blair Paving, Inc., _
of Anaheim, in the amount of $133,424.40, and to reject all other bids. The Mayor
and City Clerk were authorized to execute the contract on behalf of the City.
Requesting Release of Funds:
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted:
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3.
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RESOLUTION NO. 88 -5 -17 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE
ORANGE COUNTY TRANSPORTATION COMMISSION TO
ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION
TRUST (OCUTT) FUNDS FOR CAMINO CAPISTRANO STREET
BETWEEN OSO ROAD AND ACJACHEMA STREET
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution requested the Orange County Transportation Commission to allocate
$12,816 for construction engineering, and $60,664 for construction, for a total of
$72,880 in Orange County Unified Transportation Trust Funds for the project, noting
that the request does not exceed 90% of the Orange County Unified Transportation
Trust share of the construction contract. The City agreed to fund its share of the
improvement costs in fiscal year 1987-88 and any additional costs over the
programmed Orange County Unified Transportation Trust amount of $220,000. The
remaining 10% will be released when construction is complete and a final report
accepted by the Orange County Transportation Commission.
Written Communications:
Report dated May 17, 1988, from the Director of Public Works, advising that San
Juan Creek channel improvements have been completed and the ultimate boundaries
set, pursuant to a Reimbursement Agreement with Dividend Development, and that
the City wished to acquire the area within the creek and the northerly levee for park
and recreation, equestrian, and bicycle trail usages. The current owner, Creekside
Development Company, offered the 16.4 acres to the City at $94,750. Funds are
available in the Parks and Recreation in -lieu fund.
Authorization for Acquisition:
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried to approve a budget adjustment in the amount of $94,750 and to
authorize the City manager to enter into an agreement with Creekside Development
Company for acquisition of the park land within San Juan Creek in the amount of
$94,750.
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206
DIRECTOR OF COMMUNITY SERVICES
BUDGET AMENDMENT - FIRST
.ITY FOURTH OF JULY
Written Communications:
Report dated May 17, 1988, from the Director of Community Services, advising that
staff had received verbal approval from the Capistrano Unified School District and
the Orange County Fire Department for a Fourth of July fireworks show at Marco
Forster Junior High School. The Chamber of Commerce had offered assistance with
liability insurance costs and the evening's entertainment. San Juan Capistrano -based
community groups who sold fireworks last year were contacted for interest in using
the event for fund-raising purposes. The evening will begin at 5:00 p.m., and include
an adult all-star softball game, a youth and adult home -run contest, children's games
and other activities.
The Director of Community Services advised that the Parks and Recreation
Commission wished to evaluate the event before it becomes an annual event.
Endorse Concept of Fourth of July Program/Budget Amendment:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to endorse the concept of a City -sponsored community -wide
Fourth of July program, and to approve a budget amendment of $9,000 to the 1987-
88 budget.
ORDINANCES
I. AMENDMENT TO TITLE 2 OF THE MUNICIPAL CO
Written Communications:
Report dated May 17, 1988, from the City Clerk, advising that the Ordinance was
introduced at the meeting of May 3, 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
Bland, seconded by Councilman Schwartze that the following Ordinance be adopted:
NO. 630, AMENDMENT TO TITLE 2 OF
SAN JUAN CAPISTRANO, CALIFORNIA, SETTING REGULAR
MUNICIPAL ELECTIONS ON THE SAME DAY AS STATEWIDE
GENERAL ELECTIONS
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The motion carried by the following vote:
AYES:
Councilmen Schwartze, Friess,
Bland, and Mayor Hausdorfer
NOES:
None
ABSTAIN:
Councilman Buchheim
ABSENT:
None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
Capistrano Valley Wastewater Authority (1040.60):
Councilman Bland noted that Councilman Buchheim had been appointed President
pro tempore until there is a full board. Other board members include Don Simpkin,
Jim Forrester, and Anthony Bland. John Shaw is serving an the interim attorney.
South East Regional Reclamation Authority (SERRA) (1040.60):
Councilman Buchheim noted that the Treatment Plant had received the "Plant of the
Year" Award for Southern California.
San Juan Basin Authority (1050.60):
Councilman Buchheim advised that discussions had taken place regarding a grant the
Authority was receiving for de -mineralization of underground water sources. He
advised that the dam projects had been put on hold.
Foothill/Eastern Corridor (800.50):
Mayor Hausdorfer advised that the Senior Financial Management Contract had been
awarded to First Boston and the design management team for both Corridors had
been chosen. The Corridor Agency was working to finalize alignments.
San Joaquin Hills Transportation Corridor:
Councilman Friess advised that there were concerns as to whether or not the $35
million from the State would be available; however, the success of the toll road
process guaranteed that the Corridor will be built. He stated the the Corridor staff
was seriously looking at suggestions made by City staff for configuration of the
connection at Avery Parkway.
Mayor Hausdorfer advised that Transportation Corridor meetings were held monthly
at the Santa Ana City Council Chamber.
League of California Cities:
Councilman Schwartze advised he had submitted his resignation from the Local
Agency Formation Commission effective the first meeting in June. He noted that
Senate Bills 2072 and 956 should be monitored. He advised that a City/County
Coordinating Committee had been initiated with 3 members of the Board of
Supervisors and 5 members from the cities. The purpose of the Committee was to
improve communications between cities and the Board of Supervisors.
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COUNCIL REMARKS
1. ACCEPTANCE OF RESIGNATION - PARKS AND R
:REATION CO
Council received copies of a letter dated May 17, 1988, from Joe Quintana,
submitting his resignation from the Parks and Recreation Commission. There was a
consensus of Council to accept the resignation. Notices of the vacancy will be
posted.
2. COMMUNITY FORUM (150.10)
Mayor Hausdorfer noted that the first Community Forum would be held Thursday,
May 19th.
CLOSED SESSION
Council recessed to a Closed Session at 11:35 p.m., for discussion of acquisition of the El
Horno Street Kiln Property, and personnel matters, the City Clerk being excused
therefrom, and reconvened at 12:25 a.m.
COUNCIL ACTIONS
PURCHASE OF EL HORNO STREET KILN PROPERTY (LAMPERT) (670.20)
It was moved by Councilman Bland, seconded by Councilman Schwartze and
unanimously carried to approve purchase of theroperty, located at 31401 El Horno
Street from Clara Lampert, in the amount of $166,000, plus escrow costs and to
authorize the transfer of sufficient funds from the General Fund reserves for the
acquisition. The City Manager was authorized to execute all documents on behalf of
the City.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 12:26
a.m., to the next regular meeting date of Tuesday, June 7, 1988, at 7:00 p.m., in the City
Council Chamber.
Respectfully submitted,
MARY A ANO ER, CITY CLERK
ATTEST:
R L. USDORFER, MAYOR
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