88-1220_CC_Minutes_Regular MeetingDECEMBER 20, 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 7:08 p.m., in the City
Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation
was given by Gary L. Hausdorfer, Mayor.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Kenneth E. Friess, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk;
John R. Shaw, City Attorney; George Scarborough, Assistant City Manager;
Robert G. Boone, 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.
Mayor Hausdorfer welcomed the attendance of Cub Scouts Den 3, Pack 13 to the
meeting.
Mayor Hausdorfer reminded those in attendance of the true spirit of the season
to help those less fortunate and suggested that each citizen do one thing for
another person in need. He thanked the citizenry for its tremendous response
to the Toys for Tots program and asked for a volunteer to coordinate an addi-
tional program to generate gifts for needy children living in the City of San
Juan Capistrano. Such program is to be started in January and ready for
implementation by December 1989.
MINUTES
Regular Meeting of December 6, 1988:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that
the Minutes of the Regular Meeting of December 6, 1988, be approved as submit-
ted. The motion carried by the following vote:
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AYES: Councilmen Schwartze, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Bland
ABSENT: Councilman Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that
all Ordinances be read by title only. The motion carried by the following
vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
PRESENTATIONS AND COMMENDATIONS
1. Proclamation Designating
I a "Americ
Month"
Written Communications:
Report dated December 20, 1988, from the City Clerk, forwarding the
Proclamation, as requested by the Mission Viejo Chapter of the National
Society Daughters of the American Revolution.
Presentation of Proclamation:
After Mayor Hausdorfer read the Proclamation in full, it was moved by
Councilman Buchheim, seconded by Councilman Schwartze, that February 1989
be designated as "American History Month. The motion carried by the
following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
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CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Council 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, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated December 1 and December 15, 1988, in the total
amounts of $871,422.65 and $1,838,560.15, respectively, were approved as
submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF NOVEMBER 30. 1988 (350.
The City Treasurer's Report of Investments as of November 30, 1988, in
the total amount of $16,704,826.39, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS
The City Treasurer's Report of 1911 Act Bond Delinquencies indicating no
outstanding bonds as of November 30, 1988, was approved as submitted.
4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated December 20, 1988, from the Secretary of the Architec-
tural Board of Review, regarding actions taken at the meeting of December
7, 1988, was ordered received and filed.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated January 3, 1989, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of December 12, 1988,
was ordered received and filed.
6. REPORT OF PLANNING COMMISSION (440.40)
The Report dated December 20, 1988, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of December 13, 1988,
was ordered received and filed.
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7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION (590.20)
The Report dated December 20, 1988, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of
November 9, November 23, and November 28, 1988, was received and filed.
8. COMPLETION OF CITY STREET LIGHT CONVERSION PROJECT, PHASE I (600.30)
As set forth in the report dated December 20, 1988, from the Director of
Public Works, the installation and conversion of 700 City street lights
from Mercury Vapor (MV) to High Pressure Sodium Vapor (HPSV) was comple-
ted.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 88-12-20-1 COMPLETION OF CITY STREET LIGHT
CONVERSION PROJECT - PHASE I - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICA-
TIONS FOR THE CONVERSION OF CITY STREET LIGHTS FROM
MERCURY VAPOR TO HPSV
The Resolution accepted the work as complete in the amount of $164,662.95
and directed the City Clerk to forward a Notice of Completion to the
County Recorder. Staff was authorized to release the 10% retention in
the amount of $16,466.30 thirty-five days after recording the Notice of
Completion.
9. AWARD OF CONTRACT - OLD FIRE STATION RECREATION COMPLEX RENOVATION
As set forth in the report dated December 20, 1988, from the Director of
Public Works, the contract for renovating the Chief Tony Nydegger Old
Fire Station Building on La Matanza with restroom facilities, air condi-
tioning, storage space, French door access to the patio area, a patio
cover, and barbeque facilities, was awarded to A&M Design & Development
in the amount of $64,200. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
10. AWARD OF CONTRACT - PURCHASE OF TRACTOR (EBBERHARD EQUIPMENT) (370.30)
As set forth in the report dated December 20, 1988, from the Director of
Public Works, the contract for purchase of one 3/4 Yard Massey Ferguson
Tractor was awarded to Ebberhart Equipment (Massey Ferguson) in the
amount of $30,900.94• The Mayor and City Clerk were authorized to exe-
cute the contract on behalf of the City.
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11. SLOPE WARRANTY AGREEMENT - MARBELLA DEVELOPMENT (600.30)
As set forth in the report dated December 20, 1988, from the City Attor-
ney, the Agreement Establishing Slope Displacement Warranty Program for
the Marbella project, providing warrantied protection for homeowners in
the event of any failure of a manufactured slope within the project for a
10 -year period, was approved. As stated in the Agreement, Marbella is to
post a $150,000 cash bond.
PUBLIC HEARINGS
1. REQUEST TO AMEND ORTEGA PLANNED COMMUNITY BY ADDING PLANNING SECTOR B-1 -
P401
Proposal:
Consideration of a request for a more specific definition of uses within
the applicant's 93,000 square foot business park located in the Ortega
Planned Community which are consistent with the high-quality business
park environment desired by the City.
Applicants:
Fred Seligman, Seligman Western Enterprises, Ltd., 5100 East La Palma,
Suite 202, Anaheim 92807.
Written Communications:
Report dated December 20, 1988, from the Director of Community Planning
and Development, recommending introduction of an Ordinance amending the
Ortega Planned Community Comprehensive Development Plan by adding
Planning Sector B-1.
Exhibits were on display, and Tom Tomlinson made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the
Public Hearing, and the following persons responded:
(1) The applicant, Fred Seligman, commended staff on their report and
recommendation and stated he was in favor of the amendment.
(2) Joan Scarantino, 27441 Ortega Highway, voiced concern regarding
increased number of car trips per day and commercial development in
the City vs. projected population growth. Councilman Buchheim
stated that traffic use would actually be reduced by approving the
amendment.
There being no further response, Mayor Hausdorfer closed the hearing,
with the right to reopen at any time.
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Council Discussion:
Staff was asked that the signal currently installed at Calle Real and
Rancho Viejo be activated when construction begins on this project.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance nest in order. Further
reading of all Ordinances had been waived earlier in the meeting. It was
moved by Councilman Buchheim and seconded by Councilman Schwartze that
the following Ordinance be introduced:
REZONE 88-11 (SELIGMAN/ORTEGA PLANNED COMMUNITY) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING ORDINANCE NO. 379, ORTEGA PLANNED COMMUNITY
COMPREHENSIVE DEVELOPMENT PLAN BY ADDING PLANNING SECTOR
B-1 OFFICE/BUSINESS PARK AND DESIGNATING ASSESSOR'S PARCEL
NO. 666-131-11 AS PLANNING SECTOR B-1
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
RECESS AND RECONVENE
Council recessed at 7:25 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:26 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. FINANCIAL ASSISTANCE FOR ORANGE COUNTY RIDING CENTER (330.10)
Written Communications:
Report dated December 20, 1988, from the City Manager recommending the
City deposit the sum of $1,870 with the Capistrano Water District for a
water meter to be installed at the Orange County Riding Center, which is
a non-profit riding center serving handicapped persons. The deposit is _
to remain in effect as long as the center remains non-profit, after which
time the deposit would be returned to the City and the commercial opera-
tor obligated to pay the deposit to the water district. Since the amount
of the deposit was not budgeted, the City Manager recommended that $1,870
be appropriated to the Community Promotions budget as a one-time assis-
tance to the Center.
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Approval of Financial Assistance:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim,
to approve the deposit of $1,870 to assist the Orange County Riding
' Center in the establishment of a water meter at their location and to
approve a budget appropriation from the General Fund to the Community
Promotions Budget in the sum of $1,870.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
2. AMENDMENT TO
.Y OF HISTORICAL AND CULTURAL LANDMARKS"
Written Communications:
Report dated December 20, 1988, from the Senior Management Assistant,
regarding the Cultural Arts and Heritage Commission's recommendation to
include the structure located at 31775 E1 Camino Real, also known as the
"Love House" on the Inventory of Historical and Cultural Landmarks.
Staff recommended that the matter be deferred.
Deferment:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, to
defer a decision on this matter until an analysis of the Extended Phase I
Report by LSA Associates on the cultural resources in the area of the
structure located at 31775 E1 Camino Real is completed, the impacts to
the property are known, and information regarding the feasibility and
cost of structural rehabilitation is determined.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
3. APPROVAL OF MASTER PLAN PURPOSE STATEMENT - MONTANEZ ADOBE (440.10)
Written Communications:
Report dated December 20, 1988, from the Senior Management Assistant,
regarding the recommendation of the Cultural Arts and Heritage Commission
and the Los Rios Review Committee that a Purpose Statement be prepared
for the Montanez Adobe, which is listed on the City's Inventory of
Historic and Cultural Landmarks.
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Approval of Purvose Statement:
It was moved by Council Schwartze and seconded by Councilman Buchheim to
approve the proposed Purpose Statement for the Montanez Adobe and to
authorize the Cultural Arts and Heritage Commission and the Los Rios
Review Committee to continue work on the development of a Master Plan for
'this site.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. PROPOSED DEVELOPMENT PROJECTS (440.10)
Written Communications:
Report dated December 20, 1988, from the Director of Community Planning
and Development, stating that no new development applications were accep-
ted since November 15, 1988, by the Community Planning and Development
Department due to the unknown impacts on all applications from the pas-
sage of Measure R.
The report was received and filed.
2. AWARD OF CONTRACT - CONSULTANT TO REVIEW OF PARKS AND RECREATION ELEMENT
Written Communications:
Report dated December 20, 1988, from the Director of Community Services,
recommending retaining the services of Wallace Roberts & Todd to imple-
ment the 9 -month review of the Parks and Recreation Element of the
General Plan, to commence January 1989• An appropriation of $32,595 is
requested from the general fund in addition to the $25,000 budgeted for
the 1988/89 fiscal year from the Community Services Department.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman Bland, to:
a. Approve the Consultant Services Contract with Wallace Roberts & Todd
for the review of the Parks and Recreation Element of the General
Plan in the amount of $57,595;
b. Approve an additional budget appropriation from the general fund
reserve in the amount of $32,595; and
C. Authorize the Mayor to sign the contract on behalf of the City.
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
2. ACCEPTANCE OF HIKING AN]) EQUESTRIAN EASEMENT - PASEO DE LA PAZ LOTS 9
AND 10 TRACT 6788 MITCHELL FITZPATRICK 670.50
Written Communications:
Report dated December 20, 1988, from the Director of Community Services/
Secretary to the Equestrian Commission, stating that the acceptance of
this easement would create a 10 -foot equestrian trail on a strip of land
on Lots 9 and 10 at the end of a cul-de-sac on Paseo De La Paz. The
homeowners on De La Paz have agreed to pay for the estimated $2,000 in
materials and labor that are needed to complete the project.
Acceptance of Easement:
It was moved by Councilman Schwartze, seconded by Councilman Bland, to
accept a 5 -foot easement from Lot 9 (Mitchell) and Lot 10 (Fitzpatrick),
Tract 6788, to be used as a hiking/equestrian easement, to authorize the
Mayor and City Clerk to execute the conveyance, and to authorize the City
Clerk to record the documents with the Orange County Recorder.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
ORDINANCES
1. ORDINANCE AMENDING SECTION 9-3.304(i) OF THE MUNICIPAL CODE TO INCLUDE RV
Written Communications:
Report dated December 20, 1988, from the City Clerk, advising that the
Ordinance was introduced at the meeting of December 6, 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 Buchheim, seconded by Councilman Schwartze, that the
following Ordinance be adopted:
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ORDINANCE N0. 640 - AMENDMENT TO TITLE 9 OF THE MUNICIPAL
nnnr crnmrnw o_i_illd_ TO INCLUDE RV STORAGE AS A
vvnLiIlVlle von — e ] vi.+ii,......... — .I,— —, —. .,......
CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.304(i) TO THE
MUNICIPAL CODE TO INCLUDE RECREATIONAL VEHICLE STORAGE
FACILITY TO THE LIST OF CONDITIONAL USES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Bland
ABSENT: Councilman Friess
COUNCILMANIC ITEMS
TO THE
Written Communications:
Report dated December 6, 1988, and resubmitted December 20, 1988, from
the Senior Management Assistant advising of the current vacancy on the
Traffic and Transportation Commission.
Approval of Appointment:
It was moved by Councilman Buchheim, seconded by Councilman Bland, to
appoint Mike Rosenberger to the Traffic and Transportation Commission.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
2. APPOINTMENT OF ONE MEMBER TO THE ARCHITECTURAL BOARD OF REVIEW (110.20)
Written Communications:
Report dated December 20, 1988, from the Senior Management Assistant
advising of the current vacancy on the Architectural Board of Review.
Approval of Appointment:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze, to
appoint Bill Fortmueller to the Traffic and Transportation Commission.
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
3. ORAL REPORT OF OUTSIDE AGENCIES
a. Foothill/Eastern Corridor (800.50)
Mayor Hausdorfer outlined the current situation regarding the corri-
dor, stating that construction will extend as far as Crown Valley
Parkway by 1992, with alignment finalized by 1999• This corridor
will skirt the City boundaries.
b. San Joaquin Hills Transportation Corridor (800.50)
Mayor Hausdorfer stated that construction of this corridor is expec-
ted to be completed by 1991-92, subject to lawsuits. Environmental
review of the corridor is to be completed in 1989.
C. League of California Cities (140.20)
Issues noted in the Southern California Association of Governments
(SCAG) report on air quality management include the possibility of
gas rationing in Orange County and financing of new developments.
The entire Cleaner Air Plan package will be considered for adoption
some time in March, 1989 in Los Angeles by SCAG assembly representa-
tives from every city within the five counties.
COUNCIL REMARKS
1. Airport Site Selection Committee (930.40)
Councilman Bland spoke regarding progress on the selection of the next
regional airport: the Bell Canyon, Santiago Canyon, and Los Alamitos
Naval Air Station sites were deleted. The Cristianitos Canyon site was
added, which is east of San Juan Capistrano and San Clemente. Also being
considered was joint use of the E1 Toro Marine Corps Air Station site.
2. Orange County Waste Management Authority (810.10)
Councilman Bland noted his appointment to the agency. Mayor Hausdorfer
stated that a press release is to be issued regarding an anticipated
increase in traffic to the Prima Deschecha Landfill due to the closure of
the Coyote Canyon Landfill before the next one can be opened. A letter
is also to be sent to Supervisor Riley regarding Solag Disposal/Los Rios
area.
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3. Governor's Water Rationing Ilan (1050.90)
Councilman Bland noted receipt of a letter from the Metropolitan Water
District to the City Council regarding a proposed plan for water ration-
ing in Orange County. Councilman Schwartze noted the report for the
January League meeting.
¢. State Water Resources Control Board (1050.60)
Councilman Buchheim spoke regarding new legislation being proposed by the
Board to divert water from Southern California to the Bay area.
5. Miscellaneous
Pursuant to a personal commendation by Councilman Buchheim to his fellow
Councilmen, Mayor Hausdorfer thanked the community for its participation
and encouraged continuation of same.
CLOSED SESSION
Council recessed to a Closed Session at 8:10 p.m. for discussion of legal
matters regarding property acquisition of Capistrano Terrace, the City Clerk
being excused therefrom, and reconvened at 9:15 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned
at 9:15 P.m., to the next regular meeting date of Tuesday, January 3, 1989, at
7:00 p.m. in the City Council Chamber.
ATTEST:
ARY L. AUSDORFER, MAYOR
Respectfully submitted
MARY ANN HANOVER, CITY CLERK
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