87-0407_CC_Minutes_Regular Meeting249
APRIL 7, 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 7:07 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Michael
Carlisle, Capistrano Valley Church.
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; 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 Meeting of March 17, 1987:
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the
Minutes of the Regular Meeting of March 17, 1987, be approved as submitted. The
motion 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 Hausdorfer, seconded by Councilman Buchheim, 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 DESIGNATING APRIL AS
EARTHQUAKE PREPAREDNESS MONTH 610.40)
Written Communications:
Report dated April 7, 1987, from the Director of Public Works, forwarding the
Proclamation.
Approval of Proclamation:
Mayor Friess read the Proclamation in full and with the consensus of Council,
designated the month of April, 1987, as "California Earthquake Preparedness Month"
in the City. The Proclamation was accepted by the Director of Public Works.
2. PROCLAMA
U
1
Written Communications:
Report dated April 1, 1987, from the Director of Community Planning and
Development, forwarding the Proclamation.
Approval of Proclamation:
Mayor Friess read the Proclamation in full and with the consensus of Council,
designated the week of April 5-11, 1987, as 'Building Safety Week" in the City.
Mark Gibson, Development Services Administrator, was present to accept the
Proclamation.
3. PROCLAMATION DESIGNATING APRIL 24 AND 25 19879 AS
SECOND ANNUAL STATE-WIDE TRAIL DAYS 610.40
Written Communications:
Report dated April 7, 1987, from the City Clerk, forwarding the Proclamation.
Approval of Proclamation:
Mayor Friess read the Proclamation in full and with the consensus of Council,
designated April 24 and 25, 1987, as "Trail Days" in the City. Ilse Byrnes, Chairman
of the Equestrian Commission, and Jerry Harris of the Western Heritage Association
were present to receive the Proclamation.
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
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated March 12, 1987, Warrant Nos. 2,383-2,588, in the total
amount of $321,404.36, was approved as submitted.
2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of February 28, 1987, in the
total amount of $16,199.88, was approved as submitted.
3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated April 7, 1987, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of March 24, 1987,
was ordered received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated April 7, 1987, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of March 16, 1987, was ordered
received and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated April 7, 1987, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of March 24, 1987, was ordered received and
filed.
6. AWARD OF BID - CITY VEHICLES (HACIENDA FORD) (370.30)
As set forth in the report dated April 7, 1987, from the Director of Public Works,
the bid for one four -door mid-size sedan, one mid-size pickup truck and two one -ton
trucks was awarded to Hacienda Ford of San Clemente, in the amount of $50,865.17.
7. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS -
As set forth in the report dated April 7, 1987, from the Director of Public Works,
the plans and specifications for reconstruction of the land outfall trunk line sewer
between Calle Jardin and Mariner Drive were approved and staff was authorized to
call for bids. The Engineer's Estimate for the project was $195,000; $272,000 was
budgeted in Account No. 17-6900-4717-706.
8. CLAIM FOR PERSONAL AND PROPERTY DAMAGE
MICHAEL AND MATTHEW GABRIEL 170.70
As set forth in the report dated April 7, 1987, from the City Attorney, the claim in
the amount of $1,000,000 for general damages and $5,000 for property damages,
filed on March 5, 1987, by Attorney John L. Norman, on behalf of Michael and
Matthew Gabriel, in conjunction with an accident at the intersection of Del Obispo
Street and Avenida Pedregal, was denied.
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CITY-WIDE CLEAN-UP WEEK - APRIL 20 - 24 1987 (530.60)
This item was removed from the Consent Calendar by Mayor Friess to assure that
members of the press were aware of the item and to request newspaper coverage. It
was then moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to designate the week of April 20 - 24, 1987, as City -Wide —
Clean -Up Week, as set forth in the report dated April 7, 1987, from the Director of
Public Works.
PUBLIC HEARINGS
1. INTENT TO VACA
Proposal
Consideration of the vacation of the public portions of the alleys in Tracts 7183 and
7191, pursuant to Council action on February 3, 1987.
Aaplicant•
Board of Directors, Capistrano Villas No. 1, c/o Pacific Coast Property Management
Corporation, 28261 Marguerite Parkway, Suite 210, Mission Viejo, 92692.
Written Communications:
Report dated April 7, 1987, from the Director of Public Works, advising that the
Board of Directors of Capistrano Villas No. 1 had received bids for the slurry seal of
the alleys, which was to be completed prior to vacation of the alleys. Costs to the
City for the slurry seal was $6,350; funds were available in Account No. 12-6900-
4710-119. The report recommended a continuation of the Hearing to allow for the
work to be completed and payment to the Board of Directors for the City's financial
share of the work.
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.
Continuation of Hearin
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried to authorize staff to reimburse the Board of Directors of
Capistrano Villas No. 1 in the amount of approximately $6,350, for the slurry seal of
the public portions of the subject alleys following completion of the work; and, to
continue the public hearing to the meeting of June 2, 1987.
2. REVIEW OF GENERAL PLAN AMENDMENT 87-2 AND REZONE 87-2
Councilman Buchheim advised that due to a conflict of interest he would abstain from
action on this item.
Proposal:
Consideration of an application for a General Plan Amendment for the Great
Western Annexation/Price Club Development, which would change the General Plan
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land use map from 4.1 Quasi -Industrial to SS (Special Study), for the northern 10
acres of the site; from no land use designation to SS (Special Study), for the southern
12.4 acres of the site; rezone from PD SDP 83-1 (Planned Development, Specific
Development Plan 83-1) to PD SDP 87-1 (Planned Development, Specific
Development Plan 87-1), for the 22 -acre wholesale/retail development located on
the westerly side of Doheny Park Road at its intersection with Camino Capistrano.
The site is presently vacant. Surrounding uses include the Villa San Juan Mobile
Home Park to the north; Capistrano Valley Plaza to the south; the AT&SF railroad
to the west; and, Camino Capistrano to the east. The Specific Development Plan
87-1, adopted as part of the rezone, will serve as the implementing and regulatory
tool for the property and as the Local Coastal Program for the City. The
amendment is consistent with the Capistrano Beach Local Coastal Plan and Specific
Plan. The Architectural Control for the project will be reviewed at a later date.
Applicant
The Price Company, P. O. Box 85466, San Diego, 92138, Attention Lois Miller.
Written Communications:
1 Report dated April 7, 1987, from the Director of Community Planning
and Development, forwarding background information and the Planning
Commission recommendation of approval.
(2) Final Focus Environmental Impact Report for the Price Club
Development, dated August, 1986, prepared by The Planning Center.
(3) Appendix A, Initial Study, Notice of Preparation and Response.
(4) Resolution No. 87-2-3-3, Authorizing Amendments to the General Plan
Relating to the Local Coastal Plan for the Great Western Savings
Annexation.
(5) Specific Development Plan/Local Coastal Program, SDP 87-1, The Price
Club Development, Final Draft.
Exhibits were on display and Tom Tomlinson, City Planner, made an oral
presentation and noted a correction on Page 70 of the Specific Development Plan,
Subsection 13, to reference Municipal Code Section 9-2.316. He further advised that
previous certification of the environmental impact report would be reconfirmed
through the Amendment as relative to the project being considered at this time.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and the following persons responded:
(1) Bill Hodge, representing the Traffic and Transportation Commission,
stated the Commission had concerns with the site plan and suggested
that the requirement for "installation of a traffic signal' be amended to
require "installation of traffic signals ..."
(2) Lois Miller, Manager of Real Estate Development for The Price
Company, spoke in support of the project.
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There being no further response, Mayor Friess closed the Hearing with the right to
re -open at any time.
Council Discussion:
Council concurred with the suggestion for "installation of traffic signals."
Councilman Bland cited concerns with storage of shopping carts, stating that outside _
storage was not appropriate. Pursuant to the recommendation of the City Planner,
there was a consensus of Council that Subsection 4 (i)(a) be added to Page 103 of the
Specific Development Plan, to read as follows:
"Merchandise Cart Storage Area - All long-term storage and
overnight storage of merchandise carts must be located within an
enclosed building or in a designated area not visible from Doheny
Park Road. All merchandise carts are to be stored in the
designated area no later than 10:00 p.m."
In response to Councilman Schwartze, the City Manager advised that with regard to
the Local Coastal Plan, it would be appropriate for the Council to request
withdrawal of the recently -annexed 12 acres from the Coastal Commission
boundaries. At the time of annexation, it was unknown that within the Coastal
Commission guidelines, there were no administrative procedures for dealing with
Local Coastal Plan problems resulting from annexation. The expense involved in
developing a new Coastal Plan constituted an unnecessary burden on the City;
further, the proposed zoning of the site was consistent with the existing Capistrano
Beach Local Coastal Plan. He further advised that this was new information that
had not been available at the time of preparation of the Agenda.
Approval of General Plan Amendment 87-2:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted, as amended to include "installation of traffic
signals":
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL
PLAN AMENDMENT 87-2, A CHANGE OF LAND USE
DESIGNATION FOR ASSESSOR'S PARCEL NOS. 121-254-06
AND -07 FROM 4.1 QUASI -INDUSTRIAL TO SS (SPECIAL
STUDY) AND ASSESSOR'S PARCEL NO. 121-254-08 FROM NO
LAND USE DESIGNATION TO SS (SPECIAL STUDY) (GREAT
WESTERN/PRICE CLUB)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
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Approval of Rezone 87-2:
The City Manager read the title of the Ordinance next
all Ordinances had been waived earlier in the meeting.
Schwartze, seconded by Councilman Hausdorfer that
introduced, as amended to include a section in the
regarding storage of merchandise carts:
2-55
in order. Further reading of
It was moved by Councilman
the following Ordinance be
Specific Development Plan
REZONE 87-2 (GREAT WESTERN/PRICE CLUB) - AN
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NO. 121-254-06 AND -07
FROM PD SDP 83-1 (PLANNED DEVELOPMENT/SPECIFIC
DEVELOPMENT PLAN 83-1) TO PD SDP 87-1 (PLANNED
DEVELOPMENT/SPECIFIC DEVELOPMENT PLAN 87-1) AND
ASSESSOR'S PARCEL NO. 121-254-08 FROM NO ZONING
CLASSIFICATION TO PD SDP 87-1 (PLANNED
DEVELOPMENT/SPECIFIC DEVELOPMENT PLAN 87-1) (GREAT
WESTERN/PRICE CLUB)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Findings Regarding Availability of Information:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried with Councilman Buchheim abstaining, to find that the item
dealing with requesting alteration of the Coastal Commission boundaries had not
been available at the time of preparation of the Agenda and was an item requiring
Council consideration at this time.
Request to Alter Coastal Commission Boundaries:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
WEb-ILKNIPRICE CLUB) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THAT THE COASTAL
COMMISSION TAKE ACTION TO ALTER ITS BOUNDARIES BY
DELETING THAT PORTION OF THE GREAT WESTERN/PRICE
CLUB DEVELOPMENT CURRENTLY LOCATED WITHIN THE
COASTAL ZONE
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Councilman Buchheim resumed his duties.
RECESS AND RECONVENE
Council recessed at 7:42 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:50 p.m.
ADMINLSTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. CITY RESPONSE TO NOTICE OF PREPARATION OF ENVIRONMENTAL
Written Communications:
Report dated April 7, 1987, from the Director of Community Planning and
Development, forwarding a letter responding to the County's Notice of Preparation
for the Long -Term Jail Facility EIR. The Notice identified four primary sites and
six alternative sites; one primary site and five alternative sites are located east of
the City. The response identified specific issues for discussion in the EIR such as
traffic impacts to Ortega Highway; impact to existing flood plain; incompatibility
with existing and planned land uses; sewer capacity; and, distance to courts and
other support facilities.
The City Planner made an oral presentation, noting the location of the primary and
alternate sites chosen for study by the County for a 200 - 300 -acre facility which
will house approximately 6,100 inmates. The City Manager stressed the need for
citizens to become politically active on the issue.
Authorization to Forward Response to County:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to direct staff to forward the letter responding to the County's
Notice of Preparation for Jail Site EIR to the Orange County Environmental
Management Agency.
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DIRECTOR OF PUBLIC WORKS
1.
Written Communications:
Report dated April 7, 1987, from the Director of Public Works, forwarding a request
from the San Juan Capistrano Historical Society to establish a two-hour parking
zone in front of the O'Neill Museum. The report advised that there appeared to be
an increase in Amtrak commuter vehicles parking in front of the museum all day
long. Cost to post appropriate signs was estimated at $200.
Establishment of Two -Hour Parking Zone:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the
following Resolution be adopted:
ABLISHING
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "TWO-HOUR PARKING" ZONE
ON THE WEST SIDE OF LOS RIOS STREET FROM RIVER
STREET TO ONE HUNDRED FIFTY (150) FEET SOUTH OF
RIVER STREET
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The Resolution established a two-hour parking zone on the west side of Los Rios
Street from River Street to one hundred fifty (150) feet south of River Street,
Monday through Saturday from 7:00 a.m., to 6:00 p.m.
2. AWARD OF CONTRACT - CITY YARD PAVING (R.J. NOBLE COMPANY) (600.30)
Written Communications:
Report dated April 7, 1987, from the Director of Public Works, forwarding results of
bids received for a full slurry seal of the front and rear parking lots at City Hall, and
additional paving in the rear parking lot to increase the rear parking lot from 36
spaces to 61 spaces. The report advised that $20,000 was budgeted in Account No.
12-6900-4701-111. Staff requested approval of the use of $25,000 from the Systems
Development Tax and Development Fees originally appropriated, but not required,
for the San Juan Creek Overlay project.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to authorize the use of $25,000 in Systems Development Tax
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and Development Fees; and, to award the contract for the City Yard Paving to the
low responsible bidder, R. J. Noble Company, of Orange, in the amount of
$32,070.80. All other bids were rejected. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
COUNCILMANIC ITEMS
1. PROPOSED COUNTY ORDINANCE TO PROHIBIT RESIDENTIAL DEVELOP
Written Communications:
Report dated April 7, 1987, from the City Manager, advising that a proposed County
Ordinance will be considered to prohibit residential development within one-half
mile of a transportation corridor, and forwarding a memorandum from Bruce
Nestande to the Board of supervisors and the recommendations of the County staff
regarding the item. The item was scheduled for Council consideration at the request
of Mayor Friess.
Mayor Friess cited the circumstances leading to the proposed County Ordinance. He
stated that the City would not wish to have its land use decisions pre-empted by the
County and cited concurrence with the recent Joint Powers Authorities' position
that the County should preserve the corridor right-of-way, but not restrict local
agencies' ability to make land use decisions.
Recommendation to County:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to direct staff to prepare a formal response to the County
Board of Supervisors and EMA staff, with copies to the Joint Powers Authorities,
setting forth the City's concern that corridor rights-of-way be preserved without
restricting local agencies' land use decision-making.
COUNCIL RE -ORGANIZATION
1. SELECTION OF MAYOR AND MAYOR PRO TEMPORE (610.80)
Written Communications:
Report dated April 7, 1987, from the City Clerk advising that pursuant to Resolution
No. 81-3-17-4, annual selection of the Mayor and Mayor pro tem was scheduled at
this time.
Election of Councilman Bland to Office of Mayor:
The City Clerk assumed the Chair and opened nominations for the office of Mayor.
Councilman Friess nominated Councilman Bland for the office of Mayor. There
being no further nominations, nominations were closed, and it was moved by
Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried
to elect Councilman Bland to the office of Mayor.
Election of Councilman Buchheim as Mayor pro tempore:
Mayor Bland assumed the Chair and opened nominations for the office of Mayor pro
tem. Councilman Hausdorfer nominated Councilman Buchheim for the office of
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Mayor pro tem. There being no further nominations, nominations were closed, and it
was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to elect Councilman Buchheim to the office of Mayor pro tem.
Presentation of Gavel Plaque:
Mayor Bland presented out -going Mayor Friess with a gavel plaque denoting his
recent term of office; roses were presented for Mrs. Friess Council expressed their
appreciation to out -going Mayor Friess.
2. DEPOSIT AND INVESTMENT OF CITY FUNDS (320.10)
Written Communications:
Report dated April 7, 1987, from the City Clerk, forwarding a resolution authorizing
signatures for the investment of City funds.
Authorization to Sign Signature Cards for Bank Accounts:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to authorize the newly -elected Mayor and Mayor pro tem to
sign the signature cards for the City's bank accouants.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted:
RESOLUTION NO. 87-4-7
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DELEGATING TO THE CITY TREASURER AUTHORITY TO
DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY
FUNDS, AND REPEALING RESOLUTION NO. 86-4-15-2
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
The resolution delegated the authority to invest funds to the City Treasurer and
Director of Administrative Services and required the following signatures on checks
drawn on City accounts; the signatures of the Mayor or Mayor pro tem may be
facsimiles:
Anthony L. Bland, Mayor; or,
Lawrence F. Buchheim, Mayor pro tem; and,
John C. Gibson, City Treasurer; or,
Mary Ann Hanover, Deputy City Treasurer; or,
Robert G. Boone, Director of Administrative Services.
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COUNCIL REMARKS
1. CITY ENTRANCE SIGN (410.40)
Councilman Hausdorfer noted receipt of a letter dated April 1, 1987, from Mike
Darnold, EI Peon Plaza, 26832 Ortega Highway, requesting that installation of a _
"Welcome" monument just west of the I-5 freeway on the north side of Ortega
Highway be considered. The City Manager advised that the letter had been referred
to Community Planning and Development for report.
2. BILLBOARDS (410.40)
Councilman Friess noted receipt of a letter dated March 30, 1987, from Mayor
Jess F. Perez, City of Orange, requesting provision of political, legal and moral
support in their litigation with the National Advertising Company concerning
billboards. The City Manager advised that the letter had been referred to the City
Attorney for report.
3. ADVERTISING CODE ENFORCEMENT (410.40/460.40)
Councilman Friess requested that a letter be forwarded to the County Board of
Supervisors and the EMA asking for enforcement of County Code provisions relating
to aerial signs and balloon advertising.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:15
p.m., to the next regular meeting date of Tuesday, April 21, 1987, at 7:00 p.m., in the
City Council Chamber.
Respectfully submitted,
a" Z
i
MARY N AN0VER, CTY CL RK
ATTEST:
Z/ZZOI C -
ANTHONY L AND, MAYOR
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