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.
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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:
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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