87-1020_CC_Minutes_Regular Meeting461
OCTOBER 20, 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 Bland at 7:02 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Lee Nelson, Chairman,
Baha'i Faith/Local Spiritual Assembly.
ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Anthony L. Bland, Mayor
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
Adjourned Regular Meeting of September 29, 1987:
It was moved by Councilman Friess, seconded by Councilman Schwartze, that the
Minutes of the Adjourned Regular Meeting of September 29, 1987, be approved as
submitted. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
MOTION TO READ BY TITLE
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION DESIGNATIN
Written Communications:
Report dated October 20, 1987, from the City Clerk, forwarding the Proclamation.
United Way Month:
Mayor pro tem Buchheim read the Proclamation in full, and with the consensus of
Council, proclaimed the Month of October, 1987, as "United Way Month' in the
City. Rose Tijerina, Campaign Associate, was present to accept the Proclamation.
2. RECOGNITION OF LONG-TERM EMPLOYEES (730.90)
Written Communications:
Report dated October 20, 1987, from the Senior Administrative Assistant, advising
that the following employees would receive plaques recognizing 10 or more years of
City service:
Bob Boone, Director of Administrative Services;
Juan Camacho, Maintenance Worker;
Cathleen DuCoing, Engineering Aide;
Cynthia Ferguson, Senior Administrative Assistant.
The following employee has been employed by the City for 20 years:
Tito Olivares, Lead Maintenance Worker.
With the exception of Tito Olivares, the employees were present to receive the
plaques from Mayor pro tem Buchheim.
ORAL COMMUNICATIONS
1. FIREWORKS (540.30)
Pam Zanelli, representing the Safe and Sane Fireworks Industry, spoke in support of
retaining the legal sale and use of Safe and Sane Fireworks in the City. She set
forth the differences between Safe and Sane Fireworks and illegal fireworks and
stated that outright bans were not the solution to the problem. She stated that the
Safe and Sane industry would fund public education programs in the City and
research ways in which cities can help fire and police enforce the law. She
recommended formation of a committee to monitor the sale of Safe and Sane
Fireworks.
Tom Tillery, 29211 Country Hills Road, spoke in support of placing the fireworks
issue on the April, 1988, ballot.
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CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, 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, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
1. APPROVAL OF WARRANTS (300.30)
The Lists of Demands dated September 24, 1987, Warrant Nos. 4,475-4,492, in the
total amount of $1,451,513.65, and dated October 8, 1987, Warrant Nos. 4,493-4,817,
in the total amount of $601,990.15, were approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of September 30, 1987, in the total
amount of $14,485,937.50, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60)
The City Treasurer's Report of 1911 Act Bond Delinquencies as of September 30,
1987, in the total amount of $32.31, was approved as submitted.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated October 20, 1987, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of September 22,
1987, was ordered received and filed.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated October 29, 1987, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of October 12, 1987, was
ordered received and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated October 14, 1987, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of October 13, 1987, was ordered received
and filed.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated October 20, 1987, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of September 9
and September 23, 1987, was ordered received and filed.
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8.
9.
The Report dated October 20, 1987, from the Director of Public Works, summarizing
the activity of the Capital Projects for the City, Community Redevelopment
Agency, and Sewer Fund, was ordered received and filed.
This item will be submitted at a later date.
10. DENIAL OF CLAIM (RICHARD WANN) (170.70)
As set forth in the Report dated October 13, 1987, from the City Attorney, the
claim filed on September 29, 1987, by Richard Warm, in the amount of $1,500, for
damages to a wildlife habitat, was denied.
11. DENIAL OF CLAIM (SPECTER VS. PATRICK DEVELOPMENT
, .iN fl'� 9A
As set forth in the Report dated October 20, 1987, from the City Attorney, the
claim for indemnification, filed on September 28, 1987, by Attorney John S.
Williamson, on behalf of Olah Equipment Company, a defendant in a cross-complaint
filed by Patrick Development, was denied. There were three sets of plaintiffs in the
lawsuit, which resulted from damages sustained to their homes in Tract 7654, from
slope slippage.
12. DENIAL OF CLAIM (BETTY ORR) (170.70)
As set forth in the Report dated October 20, 1987, from the City Attorney, the
claim filed on September 11, 1987, by Betty Orr, in the amount of $69.60, for
property damage, was denied.
13. DENIAL OF CLAIM (WASTE DISPOSAL SYSTEMS) (170.70)
As set forth in the Report dated October 20, 1987, from the City Attorney, the
claim filed on September 25, 1987, by Attorney David P. Christianson, on behalf of
Waste Disposal Systems, Inc., in the amount of $10,866.77 plus interest from
January 1, 1987, for lack of payment for equipment furnished to the Capistrano
Beach Sanitary District, was denied.
14. DENIAL OF CLAIM (GARY ZIEBARTH) (170.70)
As set forth in the Report dated October 20, 1987, from the City Attorney, the
claim filed on August 24, 1987, by Gary Ziebarth, in the amount of $300,000, for
property damage at 30552 Hilltop Way, was denied.
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15. DENIAL OF CLAIM (JUAN GILDER) (170.70)
As set forth in the Report dated October 20, 1987, from the City Attorney, the
claim filed on August 27, 1987, by Attorney Myron R. Fisher, on behalf of Juan
Gildea, a minor, in the amount of $25,000, for personal injuries, was denied.
PUBLIC HEARINGS
1. PROPOSED ACOUISITION OF SDG&E STREET
Proposal:
Hearing held to consider the Resolution of Necessity for acquisition of street lights
through eminent domain, pursuant to the Notice of Intent approved by Council on
September 29, 1987.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
1) Report dated October 20, 1987, from the Assistant City Manager,
recommending adoption of the Resolution authorizing the City to secure
a court order to take possession of the property and deposit an amount
with the Superior Court equal to the appraised amount of the street
Light system, or $31,545.
(2) Letter dated October 12, 1987, from W. F. Daiber, Lighting Services
Administrator, San Diego Gas & Electric, P. O. Box 1831, San Diego,
92112, requesting an opportunity to speak at the Public Hearing.
Public Hearing:
Notice having been given as required by law, Mayor pro tem Buchheim opened the
Public Hearing and the following persons responded:
(1) Michael Cowett, Attorney at Law, with the law firm of Jennings,
Engstrand and Henrikson, advised his firm had been retained by the City
in this matter, and he was present to answer questions.
(2) Dick Whitton, San Diego Gas & Electric Orange County District
Director, advised that SDG&E was willing to sell its lights. He advised
that SDG&E had presented its best offer, but Agreement had not been
reached on the sale price. He stated that SDG&E viewed the action as
a friendly condemnation.
There being no further response, the Hearing was closed with the right to re -open at
any time.
Acquisition by Eminent Domain:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
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THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING THE PUBLIC
NECESSITY FOR THE ACQUISITION OF A PORTION OF THE
STREET LIGHTING SYSTEM LOCATED IN THE CITY AND
AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR THE
PURPOSE OF ACQUIRING PROPERTY INCLUDED IN SAID
SYSTEM
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
The Resolution found that the public interest, convenience and necessity required
the project; that the project had been planned and located in the manner which will
be most compatible with the greatest public good and least private injury; and, the
property sought was necessary for the proposed project. City officers were
authorized to secure a court order for eminent domain proceedings and deposit
compensation with the Superior Court.
Proposal
Consideration of a request for a 12 -month time extension for Tentative Tract 12257,
located at the southeast corner of Rancho Viejo Road and Mission Hills Drive. The
project consists of approximately 14.3 acres of medical office and private recreation
facilities.
Applicant
Hall and Foreman, Inc., 3170 Redhill Avenue, Costa Mesa, California 92626-3428.
Written Communications:
1) Report dated October 20, 1987, from the Director of Community
Planning and Development, advising that the tentative tract remained
consistent with the site plan approval, the General Plan and Municipal
Code. The report further advised that the tract map did not include a
requirement to implement development plans.
(2) Letter dated October 5, 1987, from Michael and Roberta Berns, 26921
Canyon Crest Road, in opposition to the time extension.
Exhibits were on display and the City Planner outlined the project. He advised that
the developer was currently awaiting final compaction tests before building permits
would be released. He advised that the final map would be ready in approximately
60 days.
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Councilman Hausdorfer cited concerns with the viability of the project and bonding
to return the area to its natural state if necessary. He was advised that bonds were
obtained to the limit of current law, and were only for completion of grading;
additional bonding could not be required unless the project presented a safety
hazard.
Public Hearing:
Notice having been given as required by law, Mayor pro tem Buchheim opened the
Public Hearing and the following person responded:
(1) John Delaney, Mission Equity, representing the owner, noted the amount
of time and money invested in the project and stated that the project
would not be abandoned. He noted delays that have been encountered,
including discovery of a slide plain, Water District requirements, and
corrections to street improvement and grading plans.
There being no further response, the Hearing was closed with the right to re -open at
any time.
Councilman Friess cited concerns with erosion control. Mr. Delaney advised they
were prepared to bring sandbags on the site. Council concurred with Mr. Merrell's
suggestion that a directive be issued to the developer that erosion control be
completed within two weeks.
Approval of Time Extension:
It was moved by Councilman Schwartze, seconded by Mayor pro tem Buchheim that
the following Resolution be adopted:
TENTATIVE
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING TENTATIVE TRACT MAP 12257
(HEALTHPARK ASSOCIATES) FOR 12 MONTHS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
The Resolution approved an extension of time to December 16, 1988. There was a
consensus of Council that no further time extensions would be approved for this
project.
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3. REZONE 87-5 (WESTSIDE ANNEXATION PREZONING) (620.20)
Proposal
Consideration of a prezoning of the Westside Annexation territory prior to
annexation, to establish permitted land uses and development standards.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated October 20, 1987, from the Director of Community Planning and
Development, recommending that the Colinas -Laguna Heights area be designated as
2.0, General Open Space on the General Plan, with a zoning of OS, Open Space
Preservation District. The General Plan designation recommended for the Dana
Mesa area was 1.1, Residential, maximum one unit per acre, with a recommended
zoning of RS (Single -Family District).
Exhibits were on display and the Director of Community Planning and Development
noted that the residential lot sizes in the Dana Mesa area were smaller than the
10,000 -square -foot minimum for the RS (Single -Family) District. The Dana Mesa
area would be considered as a pre-existing legal nonconformity.
Public Hearing:
Notice having been given as required by law, Mayor pro tem Buchheim opened the
Public Hearing and, there being no response, closed the Hearing with the right to re-
open at any time.
Approval of Rezone 87-5:
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 Friess that the following Ordinance be
introduced:
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL
ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY
ESTABLISHING ZONING CLASSIFICATIONS FOR THE AREA
KNOWN AS THE "WESTSIDE ANNEXATION" (REZONE 87-5)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
10/20/87
4.
Written Communications:
Report dated October 20, 1987, from the City Manager, advising that the Agreement
was being finalized and recommending continuation of the Hearing.
Public Hearing:
Notice having been given as required by law, Mayor pro tem Buchheim opened the
Public Hearing and, there being no response, it was moved by Councilman
Hausdorfer, seconded by Councilman Schwartze and unanimously carried to continue
the Hearing to the meeting of November 3, 1987.
RECESS AND RECONVENE
Council recessed at 8:04 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 8:06 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. RECONSIDERATION OF FIREWORKS ISSUE (540.30)
Written Communications:
Report dated October 20, 1987, from the Senior Administrative Assistant, advising
of the current status of the permitted use of fireworks in the unincorporated areas
and various cities in Orange County. The item was submitted pursuant to direction
on September 29th, for discussion purposes only. The fireworks issue is currently
scheduled to be placed on the April, 1988, general municipal election ballot.
Council Discussion/Motion to Place on April, 1988, Ballot:
It was moved by Councilman Schwartze, seconded by Mayor pro tem Buchheim to
place the matter on the April, 1988, ballot.
Council emphasized that their concerns on the matter were due to the County's
recent action to ban the sale and use of fireworks in the unincorporated areas.
Councilman Friess cited his support of a ban on fireworks and stated concerns with
possible impacts to the City should it be the only area in South Orange County
allowing the sale and use of fireworks. He noted that a fund-raising alternative had
been established through the City's Community Fair. Councilman Hausdorfer
concurred and cited the Council's responsibility for the health, safety and welfare of
the residents. Mayor pro tem Buchheim stated that if fireworks were banned, the
City should take action to sponsor a Fourth of July celebration. Mayor pro tem
Buchheim withdrew his second, and the motion died for lack of a second.
Prohibition on Sale and Use of Fireworks:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess and
unanimously carried to direct staff to prepare an ordinance prohibiting the sale and
use of fireworks.
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2.
Written Communications: _
Report dated October 20, 1987, from the Administrative Assistant, forwarding the
Report prepared by the Transportation "Super" Committee, dated September, 1987,
entitled "Orange County Transportation: Meeting the Challenge Head On." The
report listed the projects submitted by the City, in the amount of $17,010,000, for
inclusion in the League of California Cities Transportation Super Committee Report,
and cited the Committee's findings that there were four viable methods to raise the
$1.1 billion needed in local funding for the proposed projects. The report
recommended concept support of the Super Committee's Report.
Supporting Super Committee Report:
It was moved by Councilman Hausdorfer, seconded by Cou'cilman Schwartze and
unanimously carried to support, in concept, the Super Committee's Report and
recommendation on transportation in Orange County. Staff was directed to forward
a letter to the Transportation Super Committee advising of the City's support; and,
to the City of Santa Ana expressing appreciation for their efforts in preparing the
Committee's Report.
3. AUTHORIZATION TO HIRE ADMINISTRATIVE SECRETARY (740.10)
Written Communications:
Report dated October 20, 1987, from the City Manager, advising of the need to
reallocate the work priorities among the office clerical staff, and requesting
authorization to add an Administrative Secretary position.
Approval of Hiring:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to authorize the hiring of an Administrative Secretary in the
City Manager's Department. Staff was directed to transfer $18,000 from General
Fund reserves to cover salary and benefits for the remainder of the fiscal year.
CITY CLERK
1. RECORDS MANAGEMENT PROGRAM - RESOLUTION
Written Communications:
Report dated October 20, 1987, from the City Clerk, setting forth accomplishments
of the Records Management Program in the Public Works Department, and
forwarding the Final Report prepared by the records consultant. A proposed _
Resolution was presented authorizing destruction of certain obsolete records from
the Public Works Department. The list of records scheduled for destruction had
been reviewed and approved by the Department Head and the City Attorney.
Acceptance of Report/Authorizing Destruction:
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted:
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\r VDLl_ WV _aJ n .�i:ay..�..v.. ��•• OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING DESTRUCTION OF CERTAIN RECORDS
(PUBLIC WORKS DEPARTMENT)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
DIRECTOR OF ADMINISTRATIVE SERVICES
1. ESTABLISHING VENDOR REGULATIONS (FEES/FINGERPRINTING) (585.10)
Written Communications:
Report dated October 20, 1987, from the Director of Administrative Services,
forwarding resolutions to establish a vendor permit processing fee, pursuant to the
provisions of Ordinance No. 599, and to obtain criminal history information. Vendor
permit processing fees were set at $38 per year for each owner and employee, and
$10 for a duplicate identification.
Establishing Vendor Permit Fees:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
the following Resolution be adopted:
rct Mlt 1' 0 - n •.... va ... .."... ..-
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A NON-REFUNDABLE PROCESSING FEE FOR
VENDOR PERMITS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
Criminal History Information:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
the following Resolution be adopted:
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,472
l XIZLVIILI!1 Lill I VL I 1LIL WV LVIA L LVLV - A AL:JVLV 11V11 V1 1111
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE CALIFORNIA
DEPARTMENT OF JUSTICE TO RELEASE CRIMINAL HISTORY
RECORDS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING COMMISSION ACTION -
This item was continued from the meeting of September 29, 1987.
Written Communications:
Report dated October 20, 1987, from the Director of Community Planning and
Development, recommending continuance of the item.
Continuance of Appeal:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to continue the item to the meeting of November 3, 1987.
2. FORMATION OF AD HOC COMMITTEE - COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM - YEAR XIV 480.40
Written Communications:
Report dated October 20, 1987, from the Director of Community Planning and
Development, recommending formation of an Ad Hoc Committee to make
recommendations regarding projects for the City's Year XIV Community
Development Block Grant Application. The report recommended that the
committee be composed of five members selected by Council as follows:
One Member from the Los Rios Review Committee;
One Member from the Mobile Home Park Review Committee;
One Member from the Planning Commission; and,
Two Members selected at -large.
Appointment of Membership:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to make the following appointments:
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Gil Jones, Los Rios Review Committee;
Collene Campbell, Planning Commission;
Tom Erin, Mobile Home Park Review Committee;
Pamela Gibson and Terry Dorse, Members At -Large.
Written Communications:
Report dated October 20, 1987, from the Director of Community Planning and
Development, advising that $22,000 in Community Development Block Grant funds
remained following completion of improvements to Mission and Ramos Streets in the
Los Rios District. The City may request that the County reallocate the funds to an
existing Community Development Block Grant project. The report advised that
existing City staff was unable to absorb the work load associated with
administration of the Housing Rehabilitation Program and recommended that the
funds be reallocated to the Program to hire a consultant to assist in the
administration of the day-to-day activities.
Request for Reallocation of Funds:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to request that the County reallocate the funds remaining from
the Mission and Ramos Streets public improvement project in the Los Rios District,
to the Housing Rehabilitation Program in the Los Rios District for use in
administration of the Program.
4. EXTENSION OF TIME (OCEAN HILLS COMMUNITY CHURCH) (600.30)
Written Communications:
Report dated October 20, 1987, from the Director of Community Planning and
Development, forwarding a request for a six- to eight-month extension to the
Agreement dated October 7, 1986, for placement of four temporary modular trailer
units on the Ocean Hills Church property. The report advised that an alternative to
the proposed master plan was being investigated which would significantly affect the
ultimate development of a final master plan. Staff recommended approval of a six-
month extension.
Approval of Time Extension:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve a six-month extension to items lb, lc, Id, and le of
the Agreement between the City and Ocean Hills Community Church.
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF QUITCLAIM - PORTION OF EQUESTRIAN EASEMENT
' LOT 54 TRACT 9382 BELFORD TERRACE NUDIj (670.50)
Written Communications:
Report dated October 20, 1987, from the Director of Public Works, forwarding a
request from Mr. and Mrs. Peter J. Nudi, to quitclaim a portion of the equestrian
easement at the rear of their property to allow for construction of a swimming pool
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and deck. The report advised that the request and been reviewed and approved by
the Equestrian Commission; modifications will not be required to any fencing or trail
improvements.
Approval of Quitclaim:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to approve the quitclaim of a portion of the equestrian
easement within Lot 54, Tract 9382. The Mayor and City Clerk were authorized to
execute the document for forwarding to the County Recorder.
Written Communications:
Report dated October 20, 1987, from the Director of Public Works, advising that the
developer of Tentative Tract 12633 had been required to improve sections of San
Juan Creek, including design plans for all improvements on the north side to the
limits of Ambuehl School and on the south side to the limits of the prior Keele
property. The proposed zone improvements were:
Zone A - Improvements located within the tract boundaries of
Tentative Tract 12633 on the north side from the City
boundary to Avenida Siega and on the south side from the
City boundary to Paseo Riobo.
Zone B - South side improvements to protect the dedicated park land
(formerly the Keele property) from Paseo Riobo to the
extension of Via Estenaga.
Zone C - North side improvements adjacent to Cook Park,
downstream from Avenida Siega (tract boundary) to Via
Estenaga.
Zone D - North side improvements adjacent to Cook Park from Via
Estenaga to Calle Via Clara (projection of the Ambuehl
School border).
The report set forth estimated total project costs, and cost breakdowns for portions
of the project and for City/developer responsibilities. Staff recommended a budget
amendment for construction of Zones A, in the amount of $539,000, and C, in the
amount of $197,000; and, design only of Zones B, in the amount of $6,000, and D, in
the amount of $45,000. Funds were available in the Parks and Recreation Fees Fund
in the amount of $346,000; and the Systems Development Tax Fund in the amount of
$441,000, through loan advances from the General Fund.
Approval of Budget Amendment:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to approve a budget amendment for construction of Zones A and
C, and funding of design obligations for Zones B and D, in the total amount of
$787,000. Funding for construction of Zones B and D are to be considered in a
future capital improvement budget. Councilman Schwartze requested information
regarding fill dirt.
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4 OF
Written Communications:
Report dated October 20, 1987, from the Director of Public Works, forwarding an
Ordinance developed in response to safety concerns and aesthetic considerations
created by unattached trailers on City streets. The amendment would make it
unlawful to stop, stand or park any trailer on any street except those attached to
motorized vehicles for loading and unloading purposes during daylight hours and
those detached from motorized vehicles for a temporary period of two hours or
less. The report forwarded the Traffic and Transportation Commission's
recommendation of approval.
Approval of Parking Restrictions:
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 Friess that the following Ordinance be
introduced:
PARKING RESTRICTIONS - TRAILERS - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 4-6.319 OF CHAPTER 6 OF TITLE 4 OF
THE MUNICIPAL CODE (PARKING RESTRICTIONS -
TRAILERS)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
4. APPROVAL OF PIPELINE LICENSE AGREEMENT
(AT&SF RAILWAY PRICE CLUB) (600.30
Written Communications:
Report dated October 20, 1987, from the Director of Public Works, forwarding a
license Agreement to allow construction of a storm drain to serve the Price Club
Development. Through the Agreement, the City will indemnify and save harmless
the AT&SF Railway against damages and losses caused by the construction,
maintenance, and/or use of the storm drain pipe. Compensation to AT&SF Railway
for the license Agreement was $400.
Approval of License Agreement:
It was moved by Councilman Schwartze,
following Resolution be adopted:
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seconded by Councilman Friess that the
10/20/87
4'7 6
CALIFORNIA, APPROVING
(AT&SF/PRICE CLUB)
TY OF SAN JUAN CAPISTRANO,
PIPELINE LICENSE AGREEMENT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
5. STATUS REPORT - CAPISTRANO BEACH SANITARY DIST
Written Communications:
Report dated October 20, 1987, from the Director of Public Works, regarding the
proposed construction of a sewage treatment plant by the Capistrano Beach Sanitary
District and the City. The Facilities Study Report has been completed and the draft
EIR was in screen check for the joint facility. The report set forth tentative time
frames for public hearings, contract award and commencement of construction. The
report further noted that interest in participating in the plant had been expressed by
some San Clemente residents; that inclusion of new participants in the study would
require major revisions to the Report and a new project EIR.
Mayor pro tem Buchheim expressed his pleasure that the two agencies were working
together and outlined the status of the project.
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to receive and file the report, with a confirmation of the City's
participation in the Joint Facilities Study with the Capistrano Beach Sanitary
District and affirmation of the desire of both agencies that additional participants
not be included at this time.
6. CONSIDERATION OF BID - VEREDA BIKEWAY
VIA ESTENAGA TO AVENIDA SIEGA 600.30
Written Communications:
Report dated October 20, 1987, from the Director of Public Works, forwarding
results of the bid received for construction of the Vereda Bikeway from Via
Estenaga to Avenida Siega. The Engineer's estimate for the project was $35,000; the —
bids was received in the amount of $61,700. Staff recommended that the project be
re -bid.
Authorization to Receive New Bids:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to reject the bid received for the project and authorize staff to
readvertise for new bids.
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7.
8.
4'7"7
TION OF BIDS - CONVERSION OF
Written Communications:
Report dated October 20, 1987, from the Director of Public Works, forwarding
results of bids received for conversion of City -owned street lights to high pressure
sodium vapor. The report advised that the bids included changing cobra head
fixtures to mission bell fixtures. Bidders had received addendums which reflected
inappropriate lamp wattage; therefore, rejection of the bids was recommended.
Authorization to Receive New Bids:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to reject all proposals for the City Street Light Conversion
project and authorize the readvertising for bids.
Written Communications:
Report dated October 20, 1987, from the Director of Public Works, forwarding a
Consultant Agreement with BSI Consultants, Inc., for public works construction
inspection of the Marbella project, Shadow Creek, Price Club, Capistrano Royale -
Rancho Viejo Road Widening, San Juan Dodge and Barwick Nissan, Healthpark, and
San Juan Corporate Plaza. The report advised that the existing Public Works
inspection force of two was unable to provide all the necessary inspection. It was
estimated that two consultant inspectors would be required on an average of 6 hours
per day, at $45 per hour. The report requested that the Engineering Division's
Specialized Services Account be increased by $60,000 to cover the consultant
services.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the Consultant Agreement for Inspection Services
for Development Projects with BSI Consultants, Inc., at $45 per hour. Staff was
authorized to transfer funds from the General Fund to Account 01-6213-4420.
ORDINANCES
Written Communications:
Report dated October 20, 1987, from the City Clerk, advising that the Ordinance
was introduced at the meeting of September 29, 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 Friess that the following Ordinance be adopted:
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Ltfi
ORDINANCE NO. 606, ADDING CHAPTER 19 TO TITLE 5 OF
THE MUNICIPAL CODE - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 19
ENTITLED "USE OF PUBLIC PARKS AND FACILITIES' TO
TITLE 5 "PUBLIC WELFARE" OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
2. AMENDMENT TO TITLE 5 OF THE MUNICIPAL
Written Communications:
Report dated October 20, 1987, from the City Clerk, advising that the Ordinance
was introduced at the meeting of September 29, 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 Hausdorfer that the following Ordinance be
adopted:
607. USE OF
\V1\�]Ll\Y1) - !l1\ Vl\Llll\Il1VL V, 111E Vll 1 V, JlllJVllt
CAPISTRANO, CALIFORNIA, ADDING SECTION 5-14.03 TO
CHAPTER 14 OF TITLE 5 OF THE MUNICIPAL CODE
(REPLICA FIREARMS) (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
COUNCILMANIC ITEMS
1. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY
PARKS AND RECREATION COMMISSIONER DUKE HALLAN (110.20
Written Communications:
Report dated October 20, 1987, from the Senior Administrative Assistant,
forwarding the letter of resignation.
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479
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to accept the resignation of Duke Hallan and to declare the
position vacant. Staff was directed to prepare appropriate documents to commend
Mr. Hallan for his community service. The City Clerk was directed to prepare
notices of the vacancy and to advertise for applications for the position.
COUNCIL REMARKS
NORTHWEST SECTOR PLANNING STUDY COMMITTEE (440.70)
Councilman Hausdorfer suggested hiring a consultant to define the ad hoc
committee tasks relating to land use, flood control, zoning, the railroad, agriculture
preservation, etc. The City Manager advised that the City Planner was compiling
information obtained from previous studies; that a task outline could be prepared for
a consideration at a future meeting.
2. LEGISLATOR OF THE YEAR (BERGESON) (610.40)
Councilman Friess requested that an acknowledgement of Marian Bergeson's
achievement be placed on the next agenda.
3. TOXIC WASTE HAULING (530.20)
In response to Mayor pro tem Buchheim, Councilman Friess advised that approvals
had been given to haul "fluff', the non-metallic parts of ground up cars, to the Prima
Deschecha Landfill. He further noted that the South County area was not
represented on the Orange County Solid Waste Management Board and suggested a
future agenda item regarding representation on that Board. He further suggested
consideration of the City's sphere of influence to include the Prima Deschecha area.
CLOSED SESSION
Council recessed to a Closed Session at 9:06 p.m., for discussion of personnel matters,
the City Clerk being excused therefrom, and reconvened at 10:15 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:15
p.m., to the next regular meeting date of Tuesday, November 3, 1987, at 7:00 p.m., in the
City Council Chamber.
Respectfully submitted,
ARY ANN NOVER, CITY CLERK
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COM