87-0303_CC_Minutes_Regular Meeting229
MARCH 3, 1987
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 Friess at 7:00 p.m., in the San Juan Hot Springs Dance Hall,
followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul
Martin, Mission San Juan Capistrano.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, 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 Meetingof February 17, 1987:
It was moved by Councilman Buchheim, seconded by Councilman Bland that the Minutes
of the Regular Meeting of February 17, 1987, be approved as submitted, with a
correction on Page 6 to reflect the two negative votes on the "Findings Regarding
Capistrano Terrace Mobile Home Park Rent Petition." The motion to approve the
Minutes carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - FIESTA DE LAS GOLONDRINAS
MARCH 12 - 21 1987 610.40
Written Communications:
Report dated March 3, 1987, from the City Clerk, forwarding the Proclamation.
ApRroval of Fiesta de las Golondrinas:
Mayor Friess read the Proclamation in full and with the consensus of Council,
authorized the Mayor and City Clerk to sign the Proclamation on behalf of the City
Council and, proclaimed March 12, 1987, through March 21, 1987, as the "Fiesta de
las Golondrinas." Tom Winget, President of the San Juan Fiesta Association, was
present to receive the Proclamation from Mayor Friess.
2. SISTER CITIES (140.50)
Mayor Friess read a press release stating that the Sister Cities' trip to Goya,
Argentina, was planned for the period of April 28 through May 13, 1987. Interested
persons may contact Beverly Hirst at 661-0355.
3. RESOLUTION OF COMMENDATION - JOHN JONES
PUBLIC WORKS SUPERINTENDENT 610.40 730.90
Written Communications:
Report dated March 3, 1987, from the Senior Administrative Assistant, advising that
a plaque had been prepared for John Jones, who is retiring after thirteen years of
service to the City.
Mayor Friess read the commendation in full and expressed the City's gratitude to
Mr. Jones for his service to the City. John Jones was present to receive the plaque
from Mayor Friess.
4. INTRODUCTION OF PERSONNEL 700.10
The Director of Public Works introduced Ron Sievers, who began employment with
the City on February 23, as the Public Works Superintendent.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman Bland 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
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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1• APPROVAL OF WARRANTS (300.30)
The List of Demands dated Feb. 11, 1987, Warrant Nos. 2,089-2,250 in the total
amount of $412,853.14, was approved as submitted.
2. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
' The Report dated March 3, 1987, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of February 17, 1987, was
ordered received and filed.
3. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated March 3, 1987, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of February 24, 1987, was ordered received
and filed.
4. AMENDMENT TO LOCAL CONFLICT OF INTEREST CODE -
As set forth in the report dated March 3, 1987, from the City Clerk, Appendix "A" to
the Local Conflict of Interest Code was approved as amended to include the position
of Field Services Supervisor on the list of designated employees.
5. COMPLETION OF SLURRY SEAL OF MISSION HILLS DRIVE
As set forth in the report dated March 3, 1987, from the Director of Public Works,
the slurry seal of Mission Hills Drive was completed.
Acceptance of Work:
The following Resolution was adopted:
CSP
JLILL VL 1V11JJLVl\ 111LLJ lJl\1VL �, IILLL 1 JLVL\L\ 1 JLIIL� � 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 THE SLURRY SEAL OF MISSION HILLS
DRIVE
The Resolution accepted the work as complete in the amount of $14,796.06, and
directed the City Clerk to forward a Notice of Completion to the County Recorder.
Payment status was as follows:
' Total Project Cost $14,796.06
Less 10% Retention 1,479.61
Less Previous Payment 13,316.45
Amount Due 0.00
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Staff was authorized to release the 10% retention 35 days after recording the Notice
of Completion.
6. APPROVAL OF PLANS AND SPECIFICATIONS -
As set forth in the report dated March 3, 1987, from the Director of Public Works,
the plans and specifications for the slurry seal of various City streets in the
Aguacate area and in the Casitas, Casas Capistrano and Las Brisas developments,
were approved. Staff was authorized to solicit bids for the project. The Engineer's
estimate for the project was $71,000; funds in the amount of $55,000 remained in
Account No. 12-6900-4710-117. The balance of the project will be funded from
Account No. 12-6900-4710-119. This was the last in the series of street
maintenance projects which utilized the $196,500 provided from Senate Bill 300
funds.
7. APPROVAL OF PLANS AND SPECIFICATIONS -DEL
As set forth in the report dated March 3, 1987, from the Director of Public Works,
the plans and specifications for construction of the Del Obispo Street/Camino del
Avion Traffic Safety Project were approved. Staff was authorized to solicit bids for
the project. Award of the bid was tentatively scheduled for the Council meeting of
May 19th, with construction to begin in June, 1987. The construction costs were
estimated at $495,000, which included design and construction engineering costs,
contingency costs, and the construction contract. The County will reimburse the
City 50%, or $105,000 of all eligible costs (excluding all landscaping/irrigation; curb,
gutter and sidewalk on Camino Del Avion; screen walls, and retaining walls to
protect existing trees) through its Arterial Highway Financing Program. The City
will finance $390,000; the funds are available and budgeted in the project account.
8. DENIAL OF CLAIM FOR PROPERTY DAMAGE (GERALD PIRKL) (170.70)
As set forth in the report dated March 3, 1987, from the City Attorney, the Claim
for property damage sustained when a street tree located along the Ortega Highway
fell into the back yard of a home located at 27671 Paseo Barona, was denied as
submitted.
PUBLIC HEARINGS
1.
This Hearing was continued from the meeting of February 17, 1987.
Written Communications.
Report dated February 17, 1987, from the Director of Community Planning and
Development, and resubmitted March 3, 1987.
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Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Tentative Parcel Map 86-427:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the
following Resolution be adopted:
kL IU) - n iILJVLV I IVIN VII"C 11I I I.V VIV l.1L Vr Inr-
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 86-427 (LLOYD)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
2. APPROVAL OF TEMPORARY STREET CLOSURES - A
Proposal:
Application for a parade permit and associated street closures made by the San Juan
Capistrano Fiesta Association for the annual Fiesta de las Golondrinas Parade,
scheduled for Saturday, March 21, 1987, beginning at 11:00 a.m.
Applicant:
San Juan Capistrano Fiesta Association, P. O. Box 532, San Juan Capistrano, 92693,
attention Tom Winget, President.
Written Communications:
Report dated March 3, 1987, from the Director of Public Works, forwarding the
application and proposed parade route. Costs for providing necessary traffic
control, sanitary facilities, and Public Works personnel, were estimated at $2,000.
Public Hearin:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Parade Permit/Street Closures:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the request for a parade permit. Closure of the
following streets between 5:30 a.m., and 3:00 p.m., on Saturday, March 21, 1987, for
parade assembly and disassembly, was approved:
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El Camino Real between Ortega Highway and La Zanja Street;
La Zanja Street between Camino Capistrano and its easterly terminus;
Acjachema Street between Camino Capistrano and its easterly terminus;
E1 Horno Street between El Camino Real and its easterly terminus;
La Matanza Street between E1 Horno Street and Acjachema Street;
La Calera Street between E1 Horno Street and Acjachema Street; _
Spring Street between E1 Camino Real and its easterly terminus;
Don Juan Avenue between E1 Camino Real and its easterly terminus;
Andres Pico Road between Don Juan Avenue and its easterly terminus;
Guadalupe Street between La Zanja Street and Don Juan Avenue;
Ysidora Street between Don Juan Avenue and its northerly terminus;
Paseo Naranja between La Zanja Street and its northerly terminus; and,
Paseo Nogal between La Zanja Street and its northerly terminus.
Closure of the following streets between 9:00 a.m., and 3:00 p.m., on Saturday,
March 21, 19876, for the period prior to, during, and after the parade, was approved:
Camino Capistrano between San Juan Creek Road and Via Los Pajaros;
Del Obispo Street between Alipaz Street and Ortega Highway;
Ortega Highway between Camino Capistrano and I-5 freeway;
E1 Camino Real between Ortega Highway and Forster Street;
La Zanja Street between Los Rios Street and Camino Capistrano;
Yorba Street between Camino Capistrano and E1 Camino Real;
Forster Street between Camino Capistrano and El Camino Real; and,
Verdugo Street between Multi -Modal Terminal and Camino Capistrano.
RECESS AND RECONVENE
Council recessed at 7:17 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:19 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CITY POSITION ON PROPOSED DANA POINT INCORPORATION
Written Communications:
Report dated March 3, 1987, from the Assistant City Manager, forwarding a staff
analysis of the proposed incorporation of the Dana Point community, which is
scheduled for LAFCO consideration on April 1, 1987. The report recommended
support of the incorporation petition and suggested annexation of a nine -acre parcel
at the southwest corner of Del Obispo and Del Avion. The parcel can be more
efficiently serviced by the City; its development will primarily impact the City; and,
it is not included within the Dana Point incorporation petition.
The Assistant City Manager discussed the five annexation options identified by staff
and the recommendation to pursue annexation of the nine -acre parcel.
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Support of the Dana Point Incorporation Petition:
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and
unanimously carried to authorize the Mayor to sign a letter to the Local Agency
Formation Commission supporting the proposed Dana Point incorporation and
expressing the City's intention to pursue annexation of the nine -acre area at the
southwest corner of Del Obispo Street and Camino Del Avion.
CITY ATTORNEY
SAN DIEGO GAS AND ELECTRIC CLAIM (170.70)
Written Communications:
Report dated March 3, 1987, from the City Attorney, forwarding a claim in the
amount of $12,188.44, for damages to a San Diego Gas and Electric three-inch
electrical conduit in Calle Lorenzo just east of Camino Capistrano.
In response to Councilman Hausdorfer, it was estimated that the damage to the
conduit had occurred in 1974.
Approval of Claim:
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and
unanimously carried to approve the claim and to authorize the Administrative
Services Department to issue a check in the amount of $12,188.44 as compensation
for the claim.
CITY CLERK
AL OF CONTRACT FOR
Written Communications:
Report dated March 3, 1987, from the City Clerk, forwarding a contract with Norma
Hislop Associates to continue the Records Management Program services. This
phase of the program will bring the Public Works/Engineering Department's filing
system into the records management program. the scope of the work is not to
exceed a total of $25,000, and a fund transfer from General Fund Reserves to the
City Clerk's Department Specialized Services Account will be required. The project
is scheduled to begin April 1, 1987, and shall be completed on or before April 30,
1987.
Approval of Contract:
It was moved by Councilman Hausdorfer, seconded b�
unanimously carried to approve the Agreement betw
Hislop Associates for Records Management Program
Mayor and City Clerk to execute the Agreement on
authorize a fund transfer in the amount of $25,000 fro
Specialized Services Account No. 01-6213-4130.
Councilman Buchheim and
:en the City and Norma J.
services; to authorize the
behalf of the City; and, to
m General Fund Reserves to
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
This item was considered concurrently with the item regarding Master Drainage Plan
Consultant Services listed under the Director of Public Works.
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G
Written Communications:
Report dated March 3, 1987, from the Director of Community Planning and
Development, forwarding a scope of work to prepare a comprehensive review of the
existing land uses and proposed amendments affecting the City's General Plan in the
northwest sector of the community. Major emphasis will be to evaluate alternate
land use concepts, circulation/traffic patterns, financial obligation for providing
public infrastructure improvements, and flood -plain management planning for the
area. The report also recommended formation of an ad hoc committee to actively
participate in the preparation of the planning study. The committee would be
comprised of adjacent residents, property owners, and representatives of the City's
Boards and Commissions. Costs associated with the program were estimated at
$49,000 for preparation of the flood -plain study; $38,000 for preparation of the
planning study; and, $25,000 for preparation of a master Environmental Impact
Report. It was anticipated that outside consultants would be used to prepare the
Environmental Impact Report and traffic/circulation analysis. These expenditures
would be reimbursed from development application fees associated with processing
of an amendment to the General Plan.
DIRECTOR OF PUBLIC WORKS
Written Communications:
Report dated March 3, 1987, from the Director of Public Works, advising that a
Consultant Services Agreement for a master plan of drainage of the Oso and
Trabuco Creeks was prepared pursuant to Council action of August 19, 1986. The
firm of Simons, Li and Associates, Inc., was selected to prepare the Master Plan at a
cost not to exceed $48,600. In response to a development proposal for the
confluence of the Oso and Trabuco Creek area, a participation agreement with Cecil
Bunnell was prepared to reimburse the City for 50%, or $24,300, of the costs of the
consultant services required to prepare the master plan of drainage for the Oso and
Trabuco Creeks. A budget transfer was necessary to accommodate the project.
The City Planner discussed the concerns leading to the proposed initiation of the
Study.
Bill Bathgate, 29643 Camino Capistrano, cited concerns regarding the cost of the
services to provide a Master Drainage Plan. He stated that those responsible for the
upstream developments which have contributed and will continue to contribute to
the problems in the City, should participate in the cost of the solution to the
problems they have created, particularly if there has been some recognition that the
environment has been changed to the detriment of those downstream.
Mayor Friess suggested that the consultant preparing the drainage study be directed
to investigate earlier project environmental impact reports for the area and that the
possibility of recouping costs should be investigated. The City Manager discussed
the County's limited sources of revenue for flood control and the City's proposal to
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present the County with definite concepts for flood control protection. Councilman
Schwartze suggested additional funding for the program and substantially
compressing the proposed time frame of 49 weeks. Councilman Hausdorfer stressed
the importance of the involvement of the proposed ad hoc committee.
Initiation of Study/Format for Committee:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to initiate a comprehensive planning study for the northwest
area of the City per the submitted Scope of Work; and, to direct staff to prepare an
organizational format for appointment of an ad hoc committee to monitor
preparation of the study. Staff was directed to prepare a time frame for completion
of the study substantially less than the 49 weeks originally proposed.
Approval of Agreements/Budget Transfer:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the Master Drainage Plan Consultant Services
Agreement with Simons, Li and Associates, Inc., and the Agreement for
Participation in Costs Incurred in the Development of Master Drainage Plan for
Confluence Area: Oso Creek and Trabuco Creek with Cecil Bunnell. A transfer of
$25,000 from the City's General Fund Contingency Reserve to the Public Works
Engineering Division Specialized Services Account No. 01-6213-4420-420 was
authorized.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
This item was taken out of order on the Agenda.
TANCE PROGRAM LOAN
Written Communications:
Report dated March 3, 1987, from the Director of Community Planning and
Development, advising that on January 6, 1987, the City Council adopted a
resolution approving an application to the State's Mobile Home Assistance Program
in conjunction with the conversion of the Rancho Del Avion Mobile Home Park to a
condominium park. Pursuant to notification from the State, the City's resolution of
application was reworded to satisfy the State's program requirements to show the
City as the applicant rather than the Rancho Del Avion Homeowners' Trust. the
revised Resolution was submitted for approval.
ArovaI of A lication:
It was moved by Councilman Schwartze, seconded by Councilman Bland that the
following Resolution be adopted:
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2.35
UTION N
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
SUBMITTAL OF A LOAN APPLICATION, THE EXECUTION OF
A STANDARD AGREEMENT AND ANY AMENDMENTS
THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO
PARTICIPATE IN THE MOBILE HOME PARK ASSISTANCE
PROGRAM AND SECURE A COMMITMENT OF FUNDS FROM
THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY SERVICES
1. HERITAGE FESTIVAL STATUS REPORT 150.60
Written Communications:
Report dated March 3, 1987, from the Director of Community Services, setting forth
the status of preparations for the 1987 Heritage Festival which will take place from
March 13 through March 28, 1987.
The Director of Community Services made an oral report, and with the consensus of
Council, Mayor Friess ordered the report received and filed.
ORDINANCES
I.
Written Communications:
Report dated March 3, 1987, from the City Clerk, advising that the Ordinance was
introduced at the meeting of February 17, 1987, 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
Schwartze, seconded by Councilman Buchheim that the following Ordinance be
adopted:
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ORDINANCE NO. 594 AMENDMENT TO TITLE 3 OF THE
MUNICIPAL CODE - BUSINESS LICENSE GENERAL
PROVISIONS AND TAXES - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING VARIOUS
PROVISIONS OF CHAPTER 1, "BUSINESS LICENSES," OF TITLE
3, "FINANCE," OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
COUNCIL REMARKS
1. LEAGUE OF CALIFORNIA CITIES 140.20)
Mayor Friess extended congratulations to Mayor pro tem Hausdorfer on his
appointment to the League's Super Transportation Committee.
2. RANCHO MISSION VIEJO ROUNDUP (610.25)
Mayor Friess noted the invitation received from Rancho Mission Viejo to attend the
annual roundup on March 14, 1987.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:53
p.m., to the next regular meeting date of Tuesday, March 17, 1987, at 7:00 p.m., in the
City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
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