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89-0207_CC_Minutes_Regular MeetingFEBRUARY 7, 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 Arch Rutherford of the Coast Bible Church. 1 ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Lawrence F. Buchheim, Councilman Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: None 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 Tomlinson, City Planner; Thomas L. Baker, Director of Community Services; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of January 17, 1989: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of January 17, 1989, be approved as submit- ted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Friess NOES: None ABSTAIN: Mayor Hausdorfer 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: 2/7/89 41'7 AYES: Councilmen Schwartze, Bland, Buchheim Friess, and Mayor Hausdorfer NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. RECOGNITION OF LONG-TERM EMPLOYEES (730.90) 2. Written Communications: Report dated February 7, 1989, from the Senior Management Assistant, submitting the annual list of City employees who have reached milestones of 10, 15, or 20 years of service, as follows: Ms. Sara J. Pashalides, Associate Planner (10 years) Mrs. Carole Jacklin, Secretary to the City Manager (15 years) Mr. William D. Murphy, Director of Public Works (15 years) Ms. Barbara Diane Sutherland, Accounting Technician (15 years) Mayor Hausdorfer introduced each employee and presented them with a plaque commemorating their years of service to the City. He added his appreciation for the dedication exhibited by all City employees. THE WEEK OF 18. 1989. AS Written Communication: Report dated February 7, 1989, from the City Clerk, forwarding the Proclamation. Mayor Hausdorfer announced that the 20th Annual Miss San Juan Capistrano Contest would be held on Friday, February 17, 1989. The contest's 1989 coordinator, Tamara Davis, expressed appreciation toward the community for their donations to the scholarship fund. Each of the 16 contestants introduced herself and named her respective sponsor for the pageant. Presentation of Proclamation: After Mayor Hausdorfer read the Proclamation in full, it was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the week of February 12 through February 18, 1989, be designated as "Miss San Juan ^ Capistrano Week." The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim Friess, and Mayor Hausdorfer NOES: None ABSENT: None -2- 2/7/89 3. PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 19 THROUGH 25, 1989, AS "ENGINEER'S WEEK 610.40 Written Communication: Report dated February 7, 1989, from the Director of Public Works, for- warding the Proclamation, which designation is in conjunction with National Engineer's Week. Presentation of Proclamation: After Mayor Hausdorfer read the Proclamation in full, it was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the week of February 19 through February 25, 1989, be designated as "Engineer's Week." The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim Friess, and Mayor Hausdorfer NOES: None ABSENT: None ORAL COMMUNICATIONS 1. Dawn Zmugg, 31529 Aguacate Lane, requested reconsideration, particularly by Mayor Hausdorfer, of the Love Tract trail system that was approved at the Regular Meeting of January 17, 1989. Her objections to the approved plan included the Council's action not adhering to staff's and the Eques- trian Commission's recommendations, potential property damage, conser- vancy, and problems with plot easements. As Mayor Hausdorfer was not in attendance at the January 17 meeting, he asked for input from Councilmen Schwartze, Bland, and Friess (Councilman Buchheim abstained from voting on this issue at that meeting). All three Councilmen reaffirmed their January 17th action, indicating that a tremendous amount of time and effort had been put into the decision-making process over the years regarding this trail system, and Mayor Hausdorfer stated his concurrence with the action taken at that meeting. The City Manager indicated there has been no action to condemn any portion of the area in question. Staff was directed to work with Mrs. Zmugg on allowing individual access to trails. * 2. Dr. John Bird, 31441 Avenida de la Vista, representing the Western Heritage Association, asked that he be notified of any matters relating to the City's hiking/equestrian trail systemt*. . . and voiced his opposition to the action taken by the Council with regard to the trail system. *The City Manager indicated there had been discussion of friendly condemnation; that staff was directed to work with the residents to tie into the Estelita completion mentioned in the staff report. (added per Council action of 3/7/89) ** added per Council action of 3/7/89 -3- 2/7/89 419 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, Bland, Buchheim Friess, and Mayor Hausdorfer NOES: None ABSENT: None APPROVAL OF WARRANTS (300.30) The List of Demands dated January 26, 1989, in the total amount of $299,848.95, was approved as submitted. 2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated February 7, 1989, from the Secretary of the Architec- tural Board of Review, regarding actions taken at the meeting of January 18, 1989, was ordered received and filed. 3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION (910.60) The Report dated February 7, 1989, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of January 24, 1989, was ordered received and filed. 4. REPORT OF LOS RIOS REVIEW COMMITTEE (400.50) The Report dated February 7, 1989, from the Secretary of the Los Rios Review Committee, regarding actions taken at the meeting of January 26, 1989, was ordered received and filed. 5. REPORT OF PARKS AND RECREATION COMMISSION (920.20) The Report dated February 7, 1989, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of January 16, 1989, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION (440.40) The Report dated February 7, 1989, from the Secretary of the Planning Commission, regarding actions taken at the meeting of January 24, 1989, was ordered received and filed. -4- 2/7/89 7 W 07 420 REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION (590.20) The Report dated February 7, 1989, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of January 11 and January 25, 1989, was received and filed. MISSION HILL SEWER REHABILITATION (FOUR-WAY CONSTRUCTION) (600.30) As set forth in the report dated February 7, 1989, from the Director of Public Works, the construction of the Mission Hill Sewer Rehabilitation was completed. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 89-2-7-1, COMPLETION OF MISSION HILL SEWER REHABILITATION - 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 CONSTRUCTION OF MISSION HILL SEWER REHABILITATION (FOUR- WAY CONSTRUCTION) The Resolution accepted the work as complete in the amount of $70,683.23 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 $7,068.32 thirty-five days after recording the Notice of Completion. OF CONTRACT - IRRIGATION CONTROL PROJECT (MOTOROLA COMMUNICATI As set forth in the report dated February 7, 1989, from the Director of Public Works, the contract for a Central Irrigation Control System was awarded to Motorola, Inc. in the amount of $108,383.64. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 10. CONSULTANT AGREEMENT - INSPECTION SERVICES FOR DEVELOPMENT PROJECTS (BSI As set forth in the report dated February 7, 1989, from the Director of Public Works, the consultant agreement with BSI Consultants, Inc. for inspection services for large private development projects was approved, with $80,000 already budgeted for this purpose. The projects include Marbella, Lacouague Ranch, San Juan Corporate Plaza, and Plaza Del Obispo. 2/7/89 421 11. DRAINAGE IMPROVEMENTS AT WESTBORNE DRIVE AND DEL OBISPO STREET - As set forth in the report dated February 7, 1989, from the Director of _ Public Works, the plans and specifications were approved for the con- struction of improvements to a minor drainage problem at the intersection of Westborne Drive and Del Obispo Street and construction of handicap access ramps at the intersection. Estimated cost for this project is $25,000, with funds budgeted in the amount of $65,000. Staff was author- ized to call for bids. 12. ACCEPTANCE OF SEWER AND STORM DRAIN IMPROVEMENTS - TRACT 11826 (HIDDEN MOUNTAIN, PHASE II SHERATON INTERCONTINENTAL DEVELOPMENT 600.30 As set forth in the report dated February 7, 1989, from the Director of Public Works, the construction of sewer and storm drain within Tract 11826 was completed. Acceptance of Work: The following Resolution was adopted: -2-7-2. COMPLETION OF DRAIN - TRACT lldeb khillllEN MVu14TAi1V 60TA E0 rnAOL 11/ - 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 CONSTRUCTION OF SEWER AND STORM DRAINAGE SYSTEMS - TRACT 11826 (HIDDEN MOUNTAIN ESTATES PHASE II) The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder within ten days from the date of acceptance. The City Clerk was also authorized to exonerate the Faithful Performance Bond and the Labor and Material Bond, each in the amount of $269,700, upon the expiration of thirty-five days from the filing of the Notice of Completion. 13. APPROVAL OF FINAL MAP - PARCEL MAP 88-281 (KEELE) (420.70) As set forth in the report dated February 7, 1989, from the Director of Public Works, Final Map 88-281, subdividing a 2 -acre lot (Parcel 1 of Parcel Map 81-856) into two 1 -acre parcels, was approved, based on the finding that the Final Map is in conformance with the Subdivision Map Act _ and the conditions set forth by Planning Commission Resolution 88-9-27-1. The City Engineer and City Clerk were authorized to execute the Map and the City Clerk to record the Map. -6- 2/7/89 422 14. APPROV As set forth in the report dated February 7, 1989, from the Director of Public Works, Final Map 85-328, subdividing the property into two par- cels, was approved, based on the finding that the Final Map is in sub- stantial conformance with the Tentative Map. The City Engineer and City Clerk were authorized to execute the Map and the City Clerk to record the Map. Also approved was the Improvement Agreement for construction of a right - turn deceleration lane at the project entrance and Ortega Highway. The Mayor and City Clerk were authorized to execute the documents and the City Clerk to record the documents. RECESS AND RECONVENE Council recessed at 7:52 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:53 p.m• ADMINISTRATIVE ITEMS CITY MANAGER 1. RESOLUTION OF COMMITMENT TO CONSTRUCT RAILROAD IMPROVEMENT OVER SAN JUAN CREEK 820.45 Written Communications: Report dated February 7, 1989, from the Senior Management Assistant forwarding a Resolution reaffirming the City's commitment to construct railway improvements over San Juan Creek. The City Manager indicated the improvements consist of moving the rail- road tracks to the northwest and widening Camino Capistrano by the car wash. Preliminary design work is being done to address the design issues, and construction is estimated to begin in approximately two years. Approval of Commitment: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted: RESOLUTION NO. 89-2-7-3, REAFFIRMING THE CITY OF SAN JUAN CAPISTRANO S COMMITMENT TO CONSTRUCT RAILWAY IMPROVEMENTS OVER SAN JUAN CREEK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE CITY'S COMMITMENT TO CONSTRUCT RAILWAY IMPROVEMENTS OVER SAN JUAN CREEK -7- 2/7/89 7- 2/7/89 423 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim Friess, and Mayor Hausdorfer NOES: None ABSENT: None DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. APPEAL OF PLANNING COMMISSION ACTION - PERIMETER FENCING, TRACT Written Communications: Report dated February 7, 1989, from the Director of Community Planning and Development, recommending that the appeal of the Planning Commission decision of December 13, 1988, placing conditions on slope maintenance between the Las Brisas and Casas Capistrano developments, be reaffirmed. Bud Campbell of Coast Management, 27635 Forbes Road, Laguna Niguel, spoke in opposition to the yearly inspections by the City, as conditioned in the Planning Commission approval, and inquired if debris that was being placed on the opposite side of his fence was his responsibility. He felt that the Casas Capistrano should share in the expense for the additional plantings being required. Ray Peterson, President of Capistrano Garden Homes No. 2, 31121 Via Santo Tomas, stated he would agree to share in the expense for additional plantings and felt that some of the problems with debris were originating from the homeowners at the bottom of the slope. Councilman Buchheim offered background on the history of the development. It was the consensus of the Council to eliminate governmental control/ inspections of the slope and that the neighborhood should be encouraged to clear up their own debris. The applicant voluntarily agreed to add 48 plants adjacent to the fence. *Approval of A peal and e3�fa irma�ion 01 Planning Commission Action: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted, as modified: *APPROVING RESOLUTION NO. 89-2-7-4, DENYING APPEAL OF MODIFICATION TO 71'PE PLAN, TAAGT /G!4 %LA DniDAD/ - n v' CITY COUN,CTHE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, /AW APPEAL AND REAFFIRMING PLANNING COM- MISSION CONDITIONAL APPROVAL OF MODIFICATION TO PERIMETER FENCING ELEVATIONS AND MATERIALS, TRACT 7274 (LAS BRISAS) *amended per Council action of 3/7/89 -8- 2/7/89 424 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim Friess, and Mayor Hausdorfer NOES: None ABSENT: None Modifications to the Resolution included the deletion of Conditions 3 and ¢ regarding minimum level of maintenance and yearly inspections by the City, and an addition to Condition 5 giving the Director of Community Planning and Development discretion over the additional plantings adja- cent to the fence. DIRECTOR OF COMMUNITY SERVICES 1. SAN JUAN CAPISTRANO FIESTA ASSOCIATION LOAN (CONCHO PROGRAM) (150.60) Written Communications: Report dated February 7, 1989, from the Director of Community Services, forwarding a request from David McKenzie, E1 Presidents of the San Juan Capistrano Fiesta Association, for a loan in the amount of $2,500 to be used for a fund-raising program involving the manufacturing and sale of nickel -steel conchos. The loan, without interest, is to be repaid to the City within the 1988-89 fiscal budget year. Mr. McKenzie presented a sample of the concha to the Council, stating that the $2,500 will be used up front to get the fundraiser going. The proceeds from the sale of the conchos would replace the loss of funds from the sale of the Association's annual parade brochure, as the offi- cial program will instead be included as part of the quarterly Community Services brochure. It was noted by Councilman Schwartze that the swallow depicted on the concho was a scissor -tail swallow and not the cliff swallow that inhabits the City. It was the consensus, however, that the scissor -tail swallow outline was easier to identify and the only form available for graphic design. Approval of Loan: It was moved by Councilman Buchheim, seconded by Councilman Friess, that a loan up to $2,500 be approved for the San Juan Capistrano Fiesta Asso- ciation. The Mayor was directed to execute an agreement of conditions for the loan and to authorize the necessary budget adjustment. -9- 2/7/89 425 COUNCILMANIC ITEMS 1. ORAL REPORT OF OUTSIDE AGENCIES a. Capistrano Valley Wastewater Authority (1040.60) Councilman Buchheim indicated that the basic design of the sewer treatment plant is progressing well and that the design is very acceptable. b. League of California Cities (140.20) Councilman Schwartze spoke regarding the joint meeting held with the Los Angeles County Division of the League and noted AQMD recommenda- tions. He also noted SCAG's lack of notification to the South County regarding the San Joaquin Hills Corridor and urged the South County cities to work together as a unit on issues. C. Orange County Solid Waste Management Committee (810.10) Councilman Bland noted his attendance at the next meeting of February 9, 1989• COUNCIL REMARKS 1. Ortega Highway Modifications (800.20) Councilman Bland expressed his appreciation for traffic relief as a result of the significant modifications that were completed to the Ortega Highway bridge crossing. Staff was asked to draft a letter to CALTRANS addressing the possibility of adding a middle lane on the southbound offramp of Interstate 5 at Ortega Highway to allow turns in either direc- tion or to proceed straight. 2. Community Forum (150.10) Mayor Hausdorfer announced that the next Community Forum was scheduled for February 16, 1989, at 7:00 p.m. in the City Council Chamber. 3. Heritage Festival (150.60) Mayor Hausdorfer noted the Heritage 2 through March 19, 1989, with the publicity for these events. 4. Open Space Bond Issue (630.20) Festival events scheduled from March parade to be on March 18, and urged Mayor Hausdorfer stated that an open space bond issue is tentatively scheduled for November 1989, pursuant to public hearings and community forums, to address the issues of growth, agricultural preservation, and recreational space. _10- 2/7/89 426 5. LAFCO (620.40) The City Manager noted that the Laguna Niguel Community Services District and the Dana Point sphere of influence will be heard by LOCO on February 15, 1989• Although the boundaries of these two communities overlap with San Juan Capistrano, he indicated that the City does not desire to have its sphere of influence altered in any way. LAFCO will be urged to continue the item so that the City will have more time to provide and review reports. CLOSED SESSION Council recessed to a Closed Session at 8:42 p.m. for discussion of legal and personnel matters and reconvened at 9:28 p.m. A71 TnT7PWVPVm There being no further business before the Council, the meeting was adjourned at 9:28 p.m., to the next regular meeting date of Tuesday, February 21, 1989, at 7:00 p.m. in the City Council Chamber. Respectfully submitted MARY ANN 1OVER, CITY CLERK ATTEST: GARY L. HAUSDORFER, MAY 2/7/89