89-0103_CC_Minutes_Regular Meeting392
JANUARY 3, 1989
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 Tony Louch of the Capistrano Valley Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Lawrence F. Buchheim, 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 G. Merrell, Director of Community Planning
and Development; Thomas L. Baker, Director of Community Services; Nancy
Bernardi, Recording Secretary.
NTNTTTF.S
Regular Meeting of December 20, 1988:
It was moved by Councilman Schwartze, seconded by
Minutes of the Regular Meeting of December 20, 1988,
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Friess
ABSENT: Councilman Buchheim
MOTION TO READ BY TITLE ONLY
Councilman Bland, that the
be approved as submitted.
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:
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AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None -
ABSENT: Councilman Buchheim
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION TO OUTGOING CITY TREASURER, JOHN GIBSON_ (730.90)
Written Communications:
Report dated January 3, 1989, from the City Manager, announcing the
resignation of John C. Gibson from the position of City Treasurer effec-
tive immediately, with a resolution commending his service to the City
and bestowing the honor of City Treasurer emeritus.
Recognition of Retirement:
After Mayor Hausdorfer read the Resolution in full, it was moved by
Councilman Schwartze, seconded by Councilman Bland, .that the following
Resolution be adopted:
NO. 89 -1 -
HIS HSTIHl;MEBT AD LUTL 'EXEMPLDUnbn - n azcv.,u.iv.. yr -"-
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COMMEMORATING JOHN C. GIBSON UPON HIS RETIRE-
MENT FROM THE POSITION OF CITY TREASURER
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
2. PRESENTATION OF CHECK TO THE CITY COUNCIL FROM THE
John Meyer, Executive Director of the Transportation Corridor Agency,
presented a check in the amount of $20,063 to the City Council, repre-
senting reimbursement of a deposit made to the Agency at the time the
City first became a member approximately two and a half years ago. Mr.
Meyer commended the Council, in particular Mayor Hausdorfer and Council-
man Friess, and City staff on their excellent cooperation with the
Agency. He added that the City has contributed more than its share in
solving regional transportation problems.
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CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Council Friess, 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,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
I. APPROVAL OF WARRANTS (300.30)
The List of Demands dated December 29, 1988, in the total amount of
$1,092,654.90, was approved as submitted.
2. REPORT OF PARKS AND RECREATION COMMISSION (920.20)
The Report dated January 3, 1989, from the Secretary of the Parks and
Recreation Commission, regarding actions taken at the meeting of December
19, 1988, was ordered received and filed.
3. COMPLETION OF OSO PARK (600.30)
As set forth in the report dated January 3, 1989, from the Director of
Public Works, the construction of Oso Park and maintenance period for the
new construction have been completed as a Capital Improvement Program
project.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 89-1-3-2, COMPLETION OF OSO PARK IMPROVE-
MENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUC-
TION OF OSO PARK IMPROVEMENTS (CARLSON LANDSCAPING
COMPANY)
The Resolution accepted the work as complete in the amount of $25,930.60
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 $2,593.06 thirty-five days after recording the Notice of
Completion.
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4.
a6M
As set forth in the report dated January 3, 1989, from the Director of
Public Works, application has been made to qualify the widening of the
Trabuco Creek Bridge at Rancho Viejo Road for funding through AHFP. A
significant portion of the City's engineering costs would be paid by this
program.
Approval of Funding Request:
The following Resolution was adopted:
TRA13UCO
- A RF
AT RANCHO
SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF
ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING
PROGRAM (AHFP) THE IMPROVEMENT OF RANCHO VIEJO ROAD
The Resolution allocated $850,000 to the City from County funds to aid in
the improvement of Rancho Viejo Road and certified the issuance of a
Negative Declaration for the project.
5. DENIAL OF CLAIM, PERSONAL INJURY (ERIC BLACKMAN) (170.70)
The claim received by the City on December 12, 1988, from the law offices
of Shernoff, Scott @ Bidart, on behalf of Eric T. Blackman, in the amount
of $5,000,000 for injuries resulting from being struck by an Amtrak train
on August 20, 1988, was denied, as set forth in the report dated January
3, 1989, from the City Attorney.
6. ACCEPTANCE OF EASEMENT DEED, PASEO DE LA PAZ - LOT 10, TRACT
As set forth in the report dated January 3, 1989, from the Director of
Community Services, Robert Warren and Merna C. Fitzpatrick requested that
the 5 -foot easement on the subject property be conveyed to the City,
providing access to Peppertree Bend for equestrian/hiking purposes only.
Acceptance of Easement Deed:
The following Resolution was adopted:
NO. 89 -1 -
EASEMENT DEED -
afacl - A nmovLullvn yr +uu . .......... .. ... ..... .."' '-
SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT
DEED FOR PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR EQUES-
TRIAN AND HIKING PURPOSES ONLY, LOT 10, TRACT 6788 (ROBERT
WARREN FITZPATRICK AND MERNA C. FITZPATRICK)
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7. ACCEPTANCE OF EQUESTRIAN EASEMENT - PARCEL MAP 23/25, TRACT 9795
SCHNITT 70.50
As set forth in the report dated January 3, 1989, from the Director of
Public Works, the easement realigning the equestrian trail at the rear of
three parcels owned by Norman Schmitt, created by Parcel Map 23/25, to
wrap around the westerly property lines of Parcel 3, as well as the
dedication of an additional easement between Parcel 2 of the Lot Line
Adjustment and Lot 2 of Tract 9795 to solve a fence encroachment problem,
were accepted. Installation of trail signage/fencing will be borne by
the City in the approximate amount of $8,000 if done by City staff or
$4,000 if installed by Western Heritage, which funds are available
through the Equestrian Maintenance account.
8. QUITCLAIM OF EQUESTRIAN EASEMENT - TRACT 9795 (SCHMITT/LOVE) (670.50)
As set forth in the report dated January 3, 1989, from the Director of
Public Works, all of the existing 10 -foot wide hiking/equestrian ease-
ments on and within Lots 3 and 4 of Tract 9795, were quitclaimed to
Norman G. Schmitt and Gary L. Wiles, respectively. The Mayor and City
Clerk were authorized to execute the deeds for recording.
PUBLIC HEARINGS
I . EXTENSION OF URGENCY ORDINANCE PROHIBITING PROCESSING OF DEVELOPMENT
APPLICATIONS 420.30
Proposal:
Consideration of a request to extend Ordinance No. 639, which established
a moratorium on the processing of pending and future land use applica-
tions in order to provide a period of time within which a planning study
could be conducted to determine how Measure X fits with existing planning
and zoning regulations of the City.
Written Communications:
Report dated January 3, 1989, from the City Manager, recommending a six-
month extension.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the
Public Hearing and, there being no response, closed the Hearing with the
right to reopen at any time.
Adoption of Urgency Ordinance:
The City Attorney read the title of the Ordinance next in order. Further
reading of all Ordinances had been waived earlier in the meeting. It was
moved by Councilman Schwartze and seconded by Councilman Friess that the
following Urgency Ordinance be adopted:
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2.
NO.
�UnlrG1Y l:il - Jul unaai.UL ��,,.�...,.....:. .,. ..... .,--- �-
CAPISTRANO, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO.
639 REGARDING THE PROCESSING AND APPROVAL OF APPLICATIONS
FOR DEVELOPMENT APPROVAL SUBJECT TO MEASURE R (GOVERNMENT
CODE SECTION 65858) (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friesa, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
Urgency Ordinance No. 639 was extended to July 11, 1989•
TEMPORARY
FOR 1OKM RUN -
MARCH
Proposal:
Consideration of a request by the San Juan Capistrano Community Services
Department to temporary close certain streets for the 12th Annual 1OKM
Run as part of the 1989 Heritage Festival on Saturday, March 4, 1989.
Written Communications:
Report dated January 3, 1989, from the Secretary of the Parks and Recrea-
tion Commission, recommending approval of the 6.2 mile route and street
closures.
Exhibits were on display, and Mr. Baker presented the staff report.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the
Public Hearing and, there being no response, closed the Hearing with the
right to reopen at any time.
Approval of 1OK14 Run:
It was moved by Councilman Schwartze and seconded by Councilman Friess,
that the route for the 12th Annual 1OKM Run, as well as street closures
depicted in the report, were approved.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friesa, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
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RECESS "D RECOSV n
Council recessed at 7:23 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:24 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF PUBLIC WORKS
1. DANCE HALL EXPANSION -
Written Communications:
Report dated January 3, 1989, from the Director of Public Works, recom-
mending that the Errors and Omissions insurance requirement, which would
cost an additional $2,000 to William Cook Associates, be deleted from
their contract for the expansion of the Dance Hall.
Approval of Contract Amendment:
It was moved by Councilman Bland, seconded by Councilman Schwartze, that
the Amendment to Agreement for Consulting Services with William Cook
Associates Bland be approved, deleting the requirement of Professional
Errors and Omissions Liability insurance of Section 19 of the contract.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friers, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
2. BUDGET AMENDMENT FOR CONSTRUCTION OF
Written Communications:
Report dated January 3, 1989, from the Director of Public Works, stating
that project costs have been developed for the design and construction of
San Juan Creek Road and the design and construction of a traffic signal
at San Juan Creek Road and La Novia Avenue, such costs to be shared by
the City and developer as outlined in the Reimbursement Agreement of July
7, 1987. An amendment to the budget was requested in the amount of
$122,100 to cover the City's portion of these expenses.
Approval of Budget Amendment:
It was moved by Councilman Schwartze, seconded by Councilman Friess, that
an amendment to the budget in the amount of $122,100 to fund the City's
portion of the design and construction of San Juan Creek Road from La
Novia Avenue to the westerly boundary of Tract 13025, as provided for in
the Reimbursement Agreement, be approved.
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
The amended amount of $122,100 is to be transferred from the Capital
Improvement Project Account, No. 12-6900-4703-138 (San Juan Creek Road:
Is Novia Avenue to Camino Santo Domingo).
DIRECTOR OF COMMUNITY SERVICES
1. GRANT FOR IMPROVEMENTS TO BUCHHEIM FIELD (SAN JUAN
Written Communications:
Report dated January 3, 1989, from the Director of Community Services,
recommending a budget appropriation of $36,000 to be used for the renova-
tion and construction of a ballfield and protective fencing at Buchheim
Field, with volunteer assistance from the San Juan Little League.
Mr. Baker presented the report, stating that the volunteer work will be
supervised by City staff and that any monies not used will be returned to
the City. Mr. Julian agreed that the improvements have only a "bandaid"
effect until final improvements can be implemented but that the invest-
ment is worth it.
Vicki Donoho of the San Juan Little League, 30911 Paseo Mar Azul, spoke
in favor of the improvements and encouraged the City's acquisition of
additional land for recreational uses.
Approval of Budget Appropriation:
It was moved by Councilman Schwartze, seconded by Councilman Friess, that
a budget appropriation from the general fund reserve in the amount of
$36,000 for a grant to San Juan Little League, to be used for the renova-
tion and construction of a ballfield and protective fencing at Buchheim
Field, be approved.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
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ORDINANCNS
Written Communications:
Report dated January 3, 1989, from the City Clerk, advising that the
Ordinance was introduced at the meeting of December 20, 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. 642 - APPROVING REZONE 88-11 - AMENDMENT
far lrl vineu,�vnir,vn rDr Iamv wV nun111/ — i 1 vnulne Vr D yr Tnh
CITY OF SAN JUAN CAPISTRANO, 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,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Friess
ABSENT: Councilman Buchheim
COUNCILMANIC ITEMS
I. ACCEPTANCE OF RESIGNATION AND APPOINTMENT OF CITY TREASURER (740.40)
Written Communications:
Report dated January 3, 1989, from the City. Manager, forwarding the
letter of resignation from John C. Gibson and recommending the appoint-
ment of Robert Boone, Director of Administrative Services, to the posi-
tion of City Treasurer.
Acceptance of Resignation and Approval of Appointment:
It was moved by Councilman Schwartze, seconded by Councilman Friess, to
accept the resignation of John C. Gibson and to appoint Robert Boone as
City Treasurer.
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Buchheim
2. AUTHORIZATION OF DEPOSIT AND INVESTMENT OF CITY FUNDS (320.10)
Written Communications:
Report dated January 3, 1989, from the City Clerk, presenting a Resolu-
tion to authorize the signatures of the Mayor or Mayor pro tem and the
City Treasurer or Deputy City Treasurer or the Director of Administrative
Services to deposit and invest City funds and to draw checks on deposit
accounts.
Approval of Authorization:
It was moved by Councilman Schwartze, seconded by Councilman Friess, that
the following Resolution be adopted:
NO. 89-1-3-5, DEPOSIT
FUMR5 AND AUIMU1i1G1nl 01. 11RXUaDO - n nr,uvu�liv„ yr �„u
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO
DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS,
AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 88-4-
19-2
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
3. AUTHORIZATION OF INVESTMENT OF CITY MONIES IN LOCAL
Written Communications:
Report dated January 3, 1989, from the City Clerk, presenting a Resolu-
tion to authorize the City Treasurer and Deputy City Treasurer to
deposit or withdraw monies in the Local Agency Investment Fund, which is
designed to provide for the investment of temporarily idle monies held by
local agencies in a "surplus cash pool" of local government agencies
within the state.
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AMY
Y of Authorisation:
I •am move y Counci man Schwartse, seconded by Councilman Bland, that
the following Resolution be adopted:
OF CITY
W UAL At SsUl 1nYp:,3'1':JAK Punu - A M"Wuuwl vz V! 1n= V1'Li
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING INVESTMENT OF CITY FUNDS IN THE LOCAL AGENCY
INVESTMENT FUND AND REPEALING RESOLUTION NO. 80-7-2-2
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Frieee, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
COUNCIL REMARKS
1. Farber/Franciscan Parking Structure (AC 86-3) (410:60)
Councilman Friess requested the Director of Community Planning and Devel-
opment to inquire as to the status of work progressing on the parking
structure in the Los Rios district regarding a problem with the facia.
Mr. Merrell advised that any plan changes would be reviewed by the Los
Rios Committee and the Planning Commission.
2. Marbella Fill Site (Tract 12954) (420.40)
Councilman Bland noted a dirt ramp extending into Rancho Viejo Road near
Marbella and asked that staff investigate correction of spill.
3• City Goals for 1989 (100.80)
Mayor Hausdorfer outlined the City's focus on three major goals for 1989
and encouraged community participation in these areas. His comments were
as follows:
a. Agricultural/Open Space Bond Issue and Election - Staff is moving
ahead regarding acquisition of acreage in the northern portion of
the City--Junipero Serra Road on the south and Rancho Capistrano on
the north. There are approximately 120 acres in agricultural pre-
serve, and the City should determine whether a bond issue would be
feasible to acquire this property to be 100% owned by the public.
This will be discussed at community forums and public hearings to be
announced in the future. A special election may be held in November
1989.
b. Historic Town Center - Studies should be completed and planning
commenced.
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c. Civic Csater - Present building is inadequate. Area near the
rairy has been designated to tie into other structures in the area
to create a now center.
CLOSED SESSION
Council recessed to a Closed Session at 7:50 p.m. for discussion of legal
matters and reconvened at 7:58 p -m. The hiring of special counsel Dan
Spradlin was approved for the defense of Measure E.
There being no further business before the Council, the meeting was adjourned
at 7:58 p.m., to the next regular meeting date of Tuesday, January 17, 1989,
at 7:00 p.m. in the City Council Chamber.
Respectfully submitted
r
(31 Wail
ATTEST:
WRENCE F. W EIM, MAYOR PRO TEM
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