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90-0904_CC_Minutes_Regular MeetingSEPTEMBER 4, 1990 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Hausdorfer at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Camy Sullivan, Member of the Baha'i Faith/Local Spiritual Assembly of San Juan Capistrano. 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; John R. Shaw, City Attorney; Cheryl Johnson, City Clerk; George Scarborough, Assistant City Manager; David Bentz, Director of Administrative Services; Ray Wellington, Interim Director of Engineering and Building Services; Ronald C. Sievers, Director of Public Lands and Facilities; Thomas G. Merrell, Director of Planning Services; Thomas L. Baker, Director of Community Services; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of August 21, 1990: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the Minutes of the Regular Meeting of August 21, 1990, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that all Ordinances be read by title only. -1- 9/4/90 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION OF APPRECIATION FOR SAM KIRKLAND ON OCCASION OF HIS RETIREMENT (730.90) Written Communication: Report dated September 4, 1990, from the Assistant City Manager, forwarding a Proclamation recognizing and commending Samuel B. Kirkland, Senior Lead Maintenance Worker, for his more than 15 years of public service with the City. Mr. Kirkland's will retire effective September 5, 1990. Proclamation of Appreciation: Mayor Hausdorfer read the Proclamation in full. Mr. Kirkland was present to receive the commendation. ORAL COMMUNICATIONS 1. _CAPISTRANO VALLEY HIGH SCHOOL PARKING STRUCTURE CONSTRUCTION (515.20) Mark Clancey, 31892 Via de Linda, a former resident of Village San Juan, expressed concern about the lack of notification by the City regarding the construction of a parking structure at Capistrano Valley High School behind homes in Village San Juan. He was advised that the Capistrano Unified School District and the City of Mission Viejo were the lead agencies on the project and the City had expressed concern to them that San Juan Capistrano residents be notified. CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Friess, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None APPROVAL OF WARRANTS (300.30) The List of Demands dated August 23, 1990, in the total amount of $3,525,388.25, was approved as submitted. -2- 9/4/90 W MW 2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated September 4, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of August 15, 1990, was ordered received and filed. 3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60) The Report dated September 4, 1990, from the Senior Management Assistant, regarding actions taken at the meeting of August 28, 1990, was ordered received and filed. 4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated September 4, 1990, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of August 13, 1990, was ordered received and filed. 5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated September 4, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of August 23, 1990, was ordered received and filed. 6. REPORT OF MOBILE HOME PARK REVIEW COMMITTEE ACTIONS (430.501 The Report dated September 4, 1990, from the Assistant to the City Manager, regarding actions taken at the meetings of July 10 and August 14, 1990, was ordered received and filed. 7. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated September 4, 1990, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of August 20, 1990, was ordered received and filed. 8. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated September 4, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of August 28, 1990, was ordered received and filed. 9. RESOLUTION NAMING DISADVANTAGED BUSINESS ENTERPRISE (DBE) LIAISON OFFICER (820.25) As set forth in the Report dated September 4, 1990, from the Interim Director of Engineering and Building Services, the -3- 9/4/90 10. 11. following Resolution was adopted appointing Theodore G. Simon, City Engineer, as the City's DBE Liaison Officer. As the DBE Liaison Officer, Mr. Simon will monitor, report, and enforce compliance with CALTRANS' requirements for the City to receive Federal -Aid Highway Funds for construction. RESOLUTION NO 90-9-4-1. NAMING CITY ENGINEER AS DISADVANTAGED BUSINESS ENTERPRISE LIAISON OFFICER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, NAMING THEODORE G. SIMON, CITY ENGINEER, AS DISADVANTAGED BUSINESS ENTERPRISE LIAISON OFFICER As set forth in the Report dated September 4, 1990, from the Interim Director of Engineering and Building, the following Resolution was adopted declaring the City's intent to vacate the sewer easement on Lot 222, Tract 12954, and setting a public hearing date for the meeting of October 2, 1990, at 7:00 p.m. in the Council Chamber. RESOLUTION NO 90-9-4-2 INTENT TO VACATE A SEWER EASEMENT WITHIN LOT 222 OF TRACT 12954 (MARBELLA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENT TO VACATE AN UNUSED SEWER EASEMENT WITHIN LOT 222 OF TRACT 12954 (MARBELLA) As set forth in the Report dated September 4, 1990, from the Director of Public Lands and Facilities, the following Resolution was adopted accepting the completion of the 1990 Weed Abatement Program for the City: RESOLUTION NO 90-9-4-3 1990 WEED ABATEMENT PROGRAM - 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 1990 WEED ABATEMENT PROGRAM The Resolution accepted the work as complete in the amount of $31,706.55 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $3,170.65 thirty-five (35) days after recording the Notice of Completion. -4- 9/4/90 223 12. AUTHORIZATION FOR REDUCTION OF BONDS - MARBELLA DEVELOPMENT, TRACT 12954 (FAIRWAY PROPERTIES CO.) (600.30) As set forth in the Report dated September 4, 1990, from the Assistant City Manager, staff was authorized to reduce the $2,000,000 surety bond provided to the City by Fairway Properties to ensure performance of required grading and landscaping to a level to be established by the City Manager. RECESS AND RECONVENE Council recessed at 7:13 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:43 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. REVIEW AND REFERRAL - DRAFT CIVIC CENTER MASTER PLAN (200.303 Written Communication: Report dated September 4, 1990, from the Community Development Manager and the Planning Manager, forwarding the Draft Civic Center Master Plan prepared by the IBI Group for review. The draft incorporates input received from the Civic Center Working Group regarding the development of a new Civic Center on the old Capistrano High School site. Receipt and Referral of Draft Civic Center Master Plan: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that the draft Civic Center Master Plan be received and referred to the following commissions: (1) Cultural Heritage Commission for review of proposed preservation of historic features; (2) Traffic and Transportation Commission for review of the Traffic Report prepared for the project; (3) Parks and Recreation Commission for recommendation regarding existing recreation facilities; (4) Design Review Commission for review of site and land- scape design criteria; and (5) Planning Commission for overall features of the draft Master Plan. -5- 9/4/90 CONSIDERATION OF REQUEST BY CULTURAL HERITAGE COMMISSION TO SUPPORT THE NOMINATION OF A DOWNTOWN DISTRICT TO THE NATIONAL REGISTER OF HISTORIC PLACES (910.50) Written Communication: Report dated September 4, 1990, from the Senior Management Assistant, forwarding a request from the Cultural Heritage Commission to support the nomination of a portion of the downtown historic district to the National Register of Historic Places. The proposed area is bounded by La Zanja Street to the north, extending southward along Camino Capistrano and abutting the Los Rios District, and extending eastward through a portion of the downtown area properties to the Interstate 5 freeway. The proposed area has 60 parcels owned by 25 different property owners. Jennifer Williams, Senior Management Assistant, made an oral presentation. In order for the nomination to occur, property owners must be in support, and the Cultural Heritage Commission requested that they be allowed to begin meeting with affected property owners. Ms. Williams noted that although the map submitted to Council did not indicate it, the Egan House should be included in the proposed area. She emphasized the importance of the required context report, which must be prepared by professionals, in order to obtain a nomination and noted the current lack of funds for this requirement. Councilmen Bland, Buchheim, and Schwartze felt that it was premature for the Council to conceptually support the creation of the downtown area National Register of Historic Places District until the feelings of the affected property owners were known. Councilman Friess and Mayor Hausdorfer felt it was necessary to officially support the Commission's request. Authorization of Meetings: It was moved by Councilman Bland, seconded by Councilman Schwartze, and carried with Councilman Friess and Mayor Hausdorfer voting in the negative due to a desire for stronger support of the Commission, to authorize the Cultural Heritage Commission to conduct an informational process with affected property owners to determine support for a proposed _ National Register of Historic Places District in the downtown area for report to the City Council at a later date. Any action to support the creation of a district will be deferred until the feelings of the affected property owners are known. -6- 9/4/90 220 3. CONSIDERATION OF JOINT CITIES AGREEMENT FOR COMMERCIAL VEHICLE ENFORCEMENT PROGRAM (600.30) Written Communication: Report dated September 4, 1990, from the City Manager, recommending that the City enter into a cooperative agreement with the Cities of Mission Viejo, Laguna Niguel, and Dana Point for the joint use of the Orange County Commercial Vehicle Enforcement Program. The goal of the program is to prevent traffic accidents resulting from equipment failures, damage to City and state highways resulting from overloaded vehicles, and to protect motorists and pedestrians from gravel, debris, garbage, toxins, and other spillage from vehicles. The City's share of the program would be 15%, for a total expenditure of $29,278 annually. The program costs will be offset by fines levied against violators. Mr. Julian made an oral presentation, emphasizing safety as the primary goal of the program and noting the maintenance costs associated with debris from vehicles. Approval of Participation in Enforcement Program: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to: (1) approve the participation of the City in the Commercial Vehicle Enforcement Program offered by the Orange County Sheriff's Department with the Cities of Mission Viejo, Laguna Niguel, and Dana Point; (2) approve an amendment to the 1990-91 budget for an increase in Sheriff's Department expenditures in the amount of $29,278 with revenue reflected in an offsetting amount; and, (3) authorize the City Manager to execute any agreements required to implement this program. 4. CONSIDERATION OF GANG PREVENTION AND SUPPRESSION TEAM PROGRAM (585.50) Written Communication: Report dated September 4, 1990, from the City Manager, forwarding a request from County Supervisor Riley for the City to participate in the South County Gang Awareness and Prevention Task Force Program. Because of fees already imposed by the County and lack of participation in the program with the Cities of San Clemente and Mission Viejo, the City Manager recommended that the City decline to participate in the program. -7 - 9/4/90 Mr. Julian made an oral presentation, noting that although it was a good program, he was concerned about County finances and absorbing costs that had not been anticipated in the City's budget. He advised that a proposal to participate in the program had been made to San Clemente but their position was known at this time. Marilyn Brewer of Supervisor Riley's office, and Colleene Hodges, Supervising Probation Officer, spoke regarding the problems associated with gang -related activities in the 5th District. They made the following comments with regard to the program: (1) The Cities of Laguna Niguel and Dana Point have agreed to participate in the program. (2) The City of San Clemente has agreed to provide a liaison officer from their own city's Crime Suppression Unit to work -with the program. (3) Proposals for surrounding areas would be formulated on an as -needed basis. (4) Supervisor Riley has indicated that increases in fees for the program will be monitored and that he would guarantee that the lowest costs possible will be charged to the City. Costs are based on the salary of the probation officer and vehicle, and the only foreseeable increases would be cost -of -living increases. (5) Community education in the schools will be emphasized for prevention purposes. (6) only those gang members who are already on probation will be affected by the program. (7) A quarterly report would be provided which would summarize the gang activity in the City. (8) After a one-year pilot period, the City could decided whether or not to continue its participation in the program. Mr. Julian noted that Supervisor Vasquez had already initiated a study to re-evaluate County services to cities for their cost sufficiency. Because of the potential for significant increases in costs to the City and the necessity to make a long-term commitment, Mr. Julian stated the need for a firm commitment from the entire Board of Supervisors. Councilman Friess felt that the gang problems within the -8- 9/4/90 227 City, although on a relatively small scale, should not be ignored. He stated concern regarding budget impacts but alternative program were unknown at this time. He cited support for the program only on the basis of a one-year evaluation. The Council voiced concerns regarding budget impacts and the potential for additional fees and costs to be added by the County after the program is implemented. Approval of Intention to Participate in Program: It was moved by Councilman Friess, seconded by Councilman Bland, and unanimously carried that the City Council state its intention to participate in the proposed Gang Prevention and Suppression Team Program for one year, after which time the program will be evaluated by the City. The City's participation is also to be based on the amount of $27,400, representing the City's share of costs for the program for the first year, and the requirement that San Clemente be part of the program. The City Manager was directed to draft a letter to the Board of Supervisors for the Mayor's signature requesting an indication of their commitment to the program. 5. AMENDMENT TO AGREEMENT BETWEEN SOLAG DISPOSAL, INC. AND CITY OF SAN JUAN CAPISTRANO (RECYCLING PROGRAM) (600.30) Written Communication: Report dated September 4, 1990, from the Assistant City Manager, summarizing the three components necessary to implement the state -mandated proposed curbside recycling program in conjunction with the Cities of Dana Point and San Clemente. Phase I of the program is anticipated to begin October 3, 1990, in two selected neighborhoods, at a cost of $2.48 per residence. The program will be re-evaluated after a six-month period to determine its effectiveness. Mr. Scarborough made an oral presentation, noting that the $2.48 cost per residence is guaranteed for a one-year period. James Koutroulis of Solag Disposal suggested that the costs be shared by both residential and commercial property owners because of the program's general benefits to the City. He noted that one of the mobile home parks on Alipaz Street may be included in Phase I and that the bins would be picked up at individual mobile homes. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the Recycling Agreement between the City and Solag Disposal, Inc. be approved for Phase I of the curbside recycling program. The -9- 9/4/90 Z28 4 Mayor and City Clerk were authorized to execute the agreement on behalf of the City. There was a consensus of Council that the costs for the program be shared equally in the City. DIRECTOR OF PUBLIC LANDS AND FACILITIES 1. APPROVAL OF AGREEMENT - EXTERIOR PAINTING. SAN JUAN CAPISTRANO LIBRARY (RAIDER PAINTING CO.) (600.30) written Communication: Report dated September 4, 1990, from the Director of Public Lands and Facilities, recommending that the low bidder, Raider Painting Co., be awarded the contract to paint the exterior of the Library. Due to the urgency of the approaching rainy season, bids were not advertised; however, six painting firms were notified, with four offering bids. The County will reimburse the City 70% of the painting cost. Approval of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the contract between the City and Raider Painting Co. for painting the exterior of the San Juan Capistrano Library be approved in the amount of $23,600.00. The Mayor and City Clerk were authorized to execute the document on behalf of the City. DIRECTOR OF COMMUNITY SERVICES 1. Written Communication: Report dated September 4, 1990, from the Director of Commu- nity Services, recommending that the City's lease with the Mission Trails Corral be extended for a one-year period. Approval of Contract Extension: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried that the current contract with Mission Trails Corral be extended to September 30, 1991. The Mayor and City Clerk were authorized to execute the document on behalf of the City. ORDINANCES 1. ORDINANCE APPROVING REZONE 90-04 (CAPISTRANO BUSINESS PLAZA/ �\ DELGAR PARTNERS INC.) (ADOPTION) (460.20) Written Communication: Report dated September 4, 1990, from the City Clerk, advising that the Ordinance was introduced at the meeting of August 21, 1990, and was scheduled for adoption. -10- 9/4/90 e� 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 Buchheim, seconded by Councilman Friess, that the following Ordinance be adopted• ORDINANCE NO. 672, REZONE 90-4 (CAPISTRANO BUSINESS PLAZA/DELGAR PARTNERS. INC.) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 90-4 WHICH ALLOWS RESTRICTED OFFICE USES ON A SITE PREVIOUSLY APPROVED FOR A HEALTH CLUB WITHIN THE PLANNED DEVELOPMENT (PD) DISTRICT, SPECIFIC DEVELOPMENT PLAN 81-2 (CAPISTRANO BUSINESS PLAZA/DELGAR PARTNERS, INC.) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None 2. ORDINANCE AMENDING TITLES 8 AND 9 OF THE MUNICIPAL CODE REGARDING FLOODPLAIN LAND USE REGULATIONS (ADOPTION) (450.30/ 460.301 Written Communication: Report dated September 4, 1990, from the City Clerk, advising that the Ordinance was introduced at the meeting of August 21, 1990, 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 Buchheim, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO. 673, AMENDMENTS TO TITLES 8 AND 9 OF THE MUNICIPAL CODE REGARDING FLOODPLAIN LAND USE REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 8-12.107, 9-3.503, 9-3.504, 9-3.612, AND 9-3.620 OF THE MUNICIPAL CODE REGARDING PROVISIONS REGULATING AREAS OF 100 -YEAR FLOODPLAIN -11- 9/4/90 X30 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None COUNCILMANIC ITEMS 1. APPOINTMENT OF ONE MEMBER TO THE PLANNING COMMISSION (110.20) written Communication: Report dated September 4, 1990, from the Assistant City Manager. Appointment of Planning Commission?r/Declaration of Vacancy: It was moved by Councilman Friess, seconded by Councilman Bland, with Councilman Schwartze abstaining, to appoint Dennis Haehn to the Planning Commission and to declare a vacancy on the Traffic and Transportation Commission. The City Clerk was authorized to advertise the vacancy. 2. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (LEAGUE OF CALIFORNIA CITIES CONFERENCE) (140.20) Written Communication: Report dated September 4, 1990, from the City Clerk, advising that the Annual League of California Cities Conference was scheduled for October 21-24, 1990, in Anaheim, and citing the need to appoint representatives to attend the General Business Session on October 23rd. Appointment of Delegates: It was moved by Councilman Friess, seconded by Councilman Bland, and unanimously carried that Councilman Schwartze be appointed as the voting delegate and Mayor Hausdorfer as the alternate delegate to represent the City at the General Business Session of the League's Annual Conference. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern Transportation Corridor (800.50) Councilman Friess noted that construction for the northern section of the Foothill Corridor has been put out to bid. -12- 9/4/90 231 b. San Joacruin Hills Transportation Corridor (800.50) Councilman Friess noted that the corridor agency is moving forward with the design -and -build process and has contacted some of the world's finest construction firms. Construction of the corridor is anticipated to begin in 1991, with the first phase completed in 1994. COUNCIL COMMENTS 1. FALL 1990 RECREATION BROCHURE (960.10) Mayor Hausdorfer commended the Community Services Department on this year's recreation brochure depicting agricultural uses in the City. CLOSED SESSION Council recessed to a Closed Session at 9:00 p.m. for discussion of property acquisition matters relating to open space, the City Clerk being excused therefrom, and reconvened at 9:32 p.m. There being no further business before the Council, the meeting was adjourned at 9:32 p.m. to the next regular meeting date of Tuesday, September 18, 1990, at 7:00 p.m. in the City Council Chamber. ATTEST: G Y L HAUSDORFER, MA OR Respectfully submitted, CHERYL JOHNSON, CITY CLERK -13- 9/4/90