Loading...
90-0320_CC_Minutes_Regular Meeting021 MARCH 20, 1990 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JOAN 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 7:06 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenk of the Community Presbyterian Church. ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor Lawrence P. 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; David Bentz, 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; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of March 6, 1990: It was moved by Councilman Schwartze, seconded by Councilman Friess, that the Minutes of the Regular Meeting of March 6, 1990, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Friess NOES: None ABSTAIN: Mayor Hausdorfer ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried that all Ordinances be read by title only. -1- 3/20/90 Ej ' PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION OF PHOTOS BY ORANGE COUNTY SHERIFF'S DEPARTMENT (580.10) Assistant Sheriff Dennis LaDucer and Lt. Dan Martini presented the Council with copies of photographs from a recent photo session with the City Council and personnel from the Orange County Sheriff's Department, in honor of the 29 - year relationship between the City and the Sheriff's ,1 Department. Mayor Hausdorfer expressed the City's apprecia- tion for the services performed by the Sheriff's Department. 2. PROCLAMATION DESIGNATING APRIL 22 THROUGH 28, 1990, AS "NATIONAL VICTIMS' RIGHTS" WEEK (610.40) Written Communication: Report dated March 20, 1990, from the City Clerk, forwarding the Proclamation. After the Proclamation was read in full by Mayor Hausdorfer, the Council, by unanimous consent, proclaimed April 22 through 28, 1990, as Victims' Rights Week and directed the City Clerk to forward the Proclamation to the Community Services Program, Victim/Witness Assistance Program. Mayor Hausdorfer noted Colleen Campbell's involvement with the program and urged citizen involvement and sensitivity with those who are victims of crimes. 3. PROCLAMATION DESIGNATING APRIL 1990 AS "EARTHQUAKE PREPARED- NESS" MONTH (610.40) Written Communication: Report dated March 20, 1990, from the Director of Public Works, forwarding the Proclamation. The Council, by unanimous consent, proclaimed the month of April 1990 as Earthquake Preparedness Month in participation with Governor George Dukemejian's Proclamation for same. Mayor Hausdorfer urged citizens to become involved and informed about earthquake safety, with information available at City Hall. INTRODUCTION OF REGINA MASTROYANNIS (700.10) Ms. Hanover introduced Regina Mastroyannis, a newly -hired secretary in the City Clerk's Office. -2- 3/20/90 023 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 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated March 8, 1990, in the total amount of $269,678.50, was approved as submitted. 2. CITY TREASURER'S REPORT OF _1911 ACT BOND DELINWENCIES (345.60) The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of February 28, 1990, was approved as submitted. 3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated March 20, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of March 7, 1990, was ordered received and filed. 4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated March 20, 1990, from the Senior Management Assistant, regarding actions taken at the meeting of March 6, 1990, was ordered received and filed. 5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated March 20, 1990, from the Director of ' Community Planning and Development, regarding actions taken at the meeting of March 8, 1990, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40 The Report dated March 20, 1990, from the Director of Community Planning and Development, regarding actions taken -3- 3/20/90 at the meeting of March 13, 1990, was ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated March 20, 1990, from the Director of Public Works, regarding actions taken at the meetings of January 10, January 24, February 14, and February 28, 1990, was ordered received and filed. 8. APPROVAL OF FINAL MAP AND IMPROVEMENT AGREEMENT - TRACT 13721 (ZIGROSSI) (600.30) As set forth in the Report dated March 20, 1990, from the Director of Public Works, the Improvement Agreement and Final Map for Tract 13721 to subdivide approximately 2.5 acres of land into seven single-family residential lots, was approved, based on the finding that the Map is in compliance with the General Plan and with the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Improvement Agreement, and the City Clerk was directed to record said documents. AWARD OF CONTRACT - HOT SPRINGS DANCE HALL ADDITION (MAC GROUP DESIGN AND DEVELOPMENT) (600.30) Raul Escomia, representative from the Center for Contract Compliance, which monitors public works projects throughout the County, advised the Council of unresolved co,alaints regarding the low bidder for the subject project, M " Group Design and Development, Inc., in that they are p esently facing charges with the California Department c:. Labor Standards and Enforcement. The complaints involve -he firm not paying prevailing work rates on numerous bids that were awarded. He advised of one case that was still open involving penalties against the firm and requested that he be contacted if the City has any questions regarding the issues concerning this contractor. Mr. Murphy noted that the contractor has not been judged guilty on any of the com- plaints as of this date. Mr. Julian stated that the City investigated the firm through state boards and the City Attorney and noted that previous work performed by the firm ^ in the City was satisfactory. However, he emphasized that the City will ensure that prevailing wages will be paid by the contractor. Mr. Shaw indicated that the City would be subject to liability if the reasons to reject this firm were found to be inadequate. It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that the contract for the -4- 3/20/90 02 construction of an additional 300 square feet to the Hot Springs Dance Hall for the storage of materials and equipment was awarded to Mac Group Design and Development, Inc. in the amount of $32,495 be approved, as set forth in the Report dated March 20, 1990, from the Director of Public Works. A transfer of $26,500 from the Parks and Recreation Reserve Account to Project Account 12-6212-4204-132 was approved. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. RESOLUTION TO SUPPORT WASTE MANAGEMENT COMMISSION AS COUNTYWIDE TASK FORCE - AB 939 (810.10) In accordance with Assembly Bill 939, the California Integrated Waste Management Act of 1989, the Report dated March 20, 1990, from the Director of Public Works, forwarded a resolution supporting designation of the Waste Management Commission as the Countywide Task Force to assist with planning efforts in the development of the Countywide Integrated Waste Management Plan, to assist individual cities and the County with the source reduction recycling elements in each plan, and to assist with the Countywide siting element. Adoption of Resolution: It was moved by Councilman Bland, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 90-3-20-1. SUPPORTING DESIGNATION OF WASTE MANAGEMENT COMMISSION AS A COUNTY -WIDE TASK FORCE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO SUPPORT DESIGNATION OF THE WASTE MANAGEMENT COMMISSION AS THE COUNTY -WIDE TASK FORCE UNDER AB 939, THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None Mr. Shaw stated that Councilman Bland was allowed to vote on this matter even though Mr. Bland is a member of the Task Force. -5- 3/20/90 RECESS AND RECONVENE Council recessed at 7:25 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:30 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. HEALTH BENEFITS FOR RETIREES (720.60) Written Communication: Report dated March 20, 1990, from the Assistant City Manager, summarizing the new retiree health benefits insurance program by the Executive Committee of the Southern California Joint Powers Insurance Authority (SCJPIA), which provides the same medical benefits to City non -disability retirees as active employees at an affordable price. The program includes a traditional indemnity option, preferred provider option, exclusive provide option, and vision benefits. Approval of Plan and Adoption of Resolution: Pursuant to a brief oral presentation by Mr. Julian, it was moved by Councilman Buchheim, seconded by Councilman Bland, that the Retiree Health Benefit offered through SCJPIA be approved to provide coverage for one or more retirees, and that the following Resolution be adopted: RESOLUTION NO 90-3-20-2. RETIREE HEALTH BENEFIT PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ELECTING TO PARTICIPATE IN THE RETIREE HEALTH BENEFIT PLAN OF THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None 2. REQUEST FOR LOAN (FIESTA ASSOCIATION) (600.30) Written Communication: Report dated March 20, 1990, from the Assistant City Manager, forwarding a request from the San Juan Capistrano Fiesta Association for a loan in the amount of $3,000 to assist in meeting their immediate cash flow needs that are required prior to the Association receiving its revenue from the -6- 3/20/90 027 annual Fiesta celebration. The loan is scheduled to be repaid on or before April 20, 1990. Anita Adkisson, President of the Fiesta Association, ex- plained the necessity for requesting the loan. Approval of Loan: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that the request from the San Juan Capistrano Fiesta Association for a loan in the amount of $3,000 be approved from March 21 until April 20, 1990. The City Attorney was directed to prepare an appropriate letter agreement with the Association. It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried to consider the following off - agenda item. 3. RESOLUTION ESTABLISHING THE OPEN SPACE BOND MASTER PLAN ADVISORY COMMITTEE Mr. Julian read in full a Resolution conveying the intent of the City Council to establish a citizens ad-hoc advisory committee in the event of the passage of the Open Space Bond Issue on the April ballot. The establishment of this committee would ensure broad public participation in the development of a Master Plan to determine the appropriate use of land to be purchased by the City. Mr. Julian noted that the committee's recommendations for the Master Plan would be forwarded and reviewed by the Planning Commission and the Parks and Recreation Commission prior to Council considera- tion. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 20-3-20-3. OPEN SPACE BOND MASTER PLAN ADVISORY COMMITTEE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING THE OPEN SPACE BOND MASTER PLAN ADVISORY COMMITTEE The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None -7- 3/20/90 I W1_ i-14642 DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated March 20, 1990, from the Director of Community Planning and Development advising that five Intent to File for Development Review applications and two additional minor applications were received by the City since the last report of February 20, 1990. The report was received and filed. With regard to the Capistrano Business Plaza Associates application, Councilman Friess requested that adequate public notice be given to residents in the area prior to the time the project is reviewed by the Planning Commission. DIRECTOR OF PUBLIC WORKS 1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - ESTABLISHMENT OF SPEED LIMITS CAMINO DEL AVION FROM DEL OBISPO STREET TO THE WESTERLY CITY LIMITS (INTRODUCTION) (590.30) Written Communication: Report dated March 20, 1990, from the Director of Public Works, reporting the staff findings with regard to the establishment of appropriate speed limits on Camino Las Ramblas from Avenida Calita to Kinkerry Lane and Camino Del Avion from Del Obispo Street to the westerly City limits, pursuant to a request for further investigation at the City Council meeting of February 20, 1990. Mr. Murphy noted that the Ordinance would retain the 40 mph speed limit for Camino Las Ramblas from Avenida Calita to Kinkerry Lane. Introduction 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 Buchheim, seconded by Councilman Bland, that the following Ordinance be introduced establishing the speed limit of 40 mph on Camino Del Avion from Del Obispo Street to the westerly City limits: -8- 3/20/90 AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE, TRAFFIC REGULATIONS - SPEED LIMITS (CAMINO DEL AVION) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMIT ON CAMINO DEL AVION FROM DEL OBISPO STREET TO THE WEST CITY LIMITS BY AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None 2. AUTHORIZATION FOR SB 821 GRANT FUNDS - RANCHO VIEJO ROAD/ BIKEWAY AND EQUESTRIAN BRIDGE (840.20) Written Communication: Report dated March 20, 1990, from the Director of Public Works, recommending two projects for consideration by the Orange County Transportation Commission for SB 821 regional Grant Funds, of which $7,120 has been allocated to the City: construction of the Trabuco Creek Recreational Bridge and enhancement of existing off-road bike facilities at Rancho Viejo Road and E1 Camino Park. Mr. Murphy made an oral presentation, summarizing the recom- mended projects for consideration. Adoption of Resolution: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 90-3-20-4. APPROVING APPLICATION FOR SENATE BILL 821 FUNDS - RANCHO VIEJO ROAD BIKEWAY AND EQUESTRIAN BRIDGE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN (RANCHO VIEJO ROAD BIKEWAY AND EQUESTRIAN BRIDGE) -9- 3/20/90 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None REVIEW OF NORTHWEST ALIPAZ EXTENSION AND TRABUCO CREEK FLOOD PROTECTION - INITIATION OF GENERAL PLAN AMENDMENT (440.25) Written Communication: Report dated March 20, 1990, from the Director of Public Works and the Director of Community Planning and Development, summarizing the results of the November 1989 worksession to study the development of a 100 -year flood plain concept to allow the northwest extension of Alipaz. Included in the Report were new computer traffic projections regarding the Alipaz extension and accompanying Trabuco Creek flood protection improvements. Mr. Murphy made an oral presentation, discussing how flood protection depends on how the Alipaz extension is handled through that area, the high costs involved for constructing flood protection, and the potential impacts from the con- struction of Stonehill. Staff recommendations include a General Plan Amendment and a moratorium on all development applications within the flood protection area until studies have been completed. Mr. Murphy noted that the cost estimate comparisons were relative numbers and not absolutes. Councilman Friess showed a videotape from the California Department of Commerce illustrating the catastrophic effects of floods on communities. He noted the dilemma of using land effectively vs. protecting the people who use it and stated that costs and potential impacts must be weighed when considering development along the City's creeks. Initiation of General Plan Amendment: It was moved by Councilman Schwartze, seconded by Councilman Friess, and carried with Councilman Buchheim abstaining, that a General Plan Amendment be initiated, and subsequently referred to the Planning Commission and Traffic and Transportation Commission, to consider the following: (1) Deletion of the northward extension of Alipaz Street as presently shown on the General Plan. (2) Alternatives to the presently designated Alipaz exten- sion, such as construction of a minor non -arterial extension with no cross -creek connection, connection to -10- 3/20/90 031 Oso Road instead of Junipero Serra, or other circulation alternatives. (3) Possible changes in land use designations on vacant property in the affected area for which no development projects have been approved. (4) The implications of any General Plan circulation and/or land use changes on floodplain designations or flood protection requirements along Trabuco Creek. Councilman Bland stressed the importance of creative analysis in the study in addressing flood control issues and traffic problems because of the limited number of ways to relieve traffic impacts within the City. Councilman Friess noted that not enough funds would be generated from development in the floodplain area to pay for the costs of relieving traffic or building the infrastructure to protect homes if Alipaz is extended northward. Adoption of Urgency 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 Urgency Ordinance be adopted: ORDINANCE NO. 660, MORATORIUM ON DEVELOPMENT APPLICATIONS FOR PROPERTY WITHIN THE ALIPAZ EXTENSION STUDY AREA (URGENCY) - AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT APPLICATIONS FOR PROPERTY WITHIN THE ALIPAZ EXTENSION STUDY IN ACCORDANCE WITH SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Friess, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Buchheim ABSENT: None -11- 3/20/90 ® 2 COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority (1040.60) Councilman Buchheim noted the meeting held with Author- ity directors and Supervisor Riley regarding plans for composting sludge by the Santa Margarita Wastewater Authority. b. League of California Cities (140.20) Councilman Schwartze noted the upcoming meeting to be held by the City Selection Committee. c. Orange County Solid Waste Management Committee (810.10) Councilman Bland noted a proposal to form an inter - county agency composed of public and county officials to deal with recycling on a broader basis. He noted the immediate mandate for recycling is 25%, which is rapidly escalating to 50% by the year 2000. Councilman Schwartze stated that costs may have to be passed on to the taxpayers because of the expense involved in sorting the trash. Councilman Buchheim noted that debris, trees, limbs, etc. may be sorted out and composted with the sludge. Mr. Julian stated that the City Managers of Dana Point and San Clemente have held discussions regarding establishing a tri -city effort to address these issues as all three cities have one common trash collector. A proposal will be submitted to Council for consideration in the future. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:30 p.m. to the next regular meeting date of Tuesday, April 3, 1990, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, L�Of- MARY i W • / -12- 3/20/90