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89-0404_CC_Minutes_Regular MeetingAPRIL 41 1989 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 Father Paul Martin of the Mission 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; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; George Scarborough, Assistant City Manager; 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; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of March 21, 1989: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of March 21, 1989, be approved. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: None ABSTAIN: Councilman Friess -1- 4/4/89 019 NOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION DESIGNATING APRIL 1989 AS "EARTHQUAKE PREPAREDNESS MONTH" (610.40) written Communication: Report dated April 4, 1989, from the City Clerk, forwarding the Proclamation. Approval of Proclamation: After Mayor Hausdorfer read the Proclamation in full, it was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the month of April, 1989, be designated as Earthquake Preparedness Month. Mayor Hausdorfer encouraged the public to become involved with earthquake preparedness and to share the information that the City has made available with friends and neighbors. 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 -2- 4/4/89 � 020 1. REPORT—OF LOS RIO5 REVIEW COMMITTEE ACTIONS (400.50 The Report dated April 4, 1989, from the Secretary of the Los Rios Review Committee, regarding actions taken at the meeting of March 23, 1989, was ordered received and filed. 2. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20 The Report dated April 4, 1989, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of March 20, 1989, was ordered received and filed. 3. REPORT OF PLANNING COMMISSION ACTIONS (440.40) 4. The Report dated April 4, 1989, from the Secretary of the Planning Commission, regarding actions taken at the meeting of March 28, 1989, was ordered received and filed. As set forth in the Report dated April 4, 1989, from the City Clerk, the hearing on the appeal of the Planning Commission action of March 14, 1989, as filed by Theodore Stroscher in conjunction with the sign program for Plaza del Obispo, was set for the next regular meeting date of Tuesday, April 18, 1989. 5. DIMENSION CABLE TELEVISION CHANNEL REALIGNMENT (1000.40) As set forth in the Report dated April 4, 1989, from the Director of Administrative Services, the following Resolution was adopted: RESOLUTION NO. 89-4-4-1. APPROVAL OF EXPANDED AND REORGANIZED CABLE CHANNEL LINEUP - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN EXPANDED AND REORGANIZED CABLE CHANNEL LINEUP The Resolution authorized the expansion and reorganization of the television channel lineup by Dimension Cable in south Orange County. New channels to be added include American Movie Classics, C -SPAN for Senate hearings, KSCI -3- 4/4/89 041 for multi-lingual programming, and another home shopping service. In addition, two additional pay-per-view channels will eventually be activated. APPROVAL OF WARRANTS (300.301 This item was removed from the Consent Calendar at the request of Councilman Friess. It was then moved by Councilman Schwartze, seconded by Councilman Buchheim and carried with Councilman Friess abstaining, that the List of Demands dated March 23, 1989, in the total amount of $1,046,188.06, be approved as submitted. RECESS AND RECONVENE Council recessed at 7:06 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:07 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. REVIEW OF TRIAL COURT DECISION BIA V CITY OF SAN JUAN OF MORATORIUM ORDINANCES 639 AND 641 (420.30) Written Communications: Report dated April 4, 1989, from the City Manager and a memorandum from the City Attorney dated March 29, 1989, forwarding the Urgency Ordinance and advising the City not to appeal the decision of Superior Court Judge McDonald which prohibited the City's enforcement of Measure X. The City Manager stated that the City would be exposed to claims for a period of two years for monetary damages for loss of use to property, for additional expenses of carrying the properties during the period of delay, and for lost profits if the decision were appealed. These risks are uninsurable. Direct attorney's costs were estimated to be between $100,000 to $200,000, with the possibility of the City having to pay the attorney's fees for the opposing side should the City lose the appeal. He felt that the probability of winning the appeal appeared small, with possible significant financial loss if the appeal were unsuccessful. -4- 4/4/89 It was the consensus of the Council that those portions of Measure X that were found to be applicable and reasonable in the eyes of the court, as well as the public sentiment toward the passage of Measure X, be considered for improving the City's growth management program. Councilman Bland indicated that the City has already taken many steps to reduce the commercial and residential projects to fit into the image desired for the City. Mayor Hausdorfer noted that he was not in support of Measure X because,' as it was written, it did not specifically apply to the City of San Juan Capistrano and that the growth management ordinance was a far stronger device for monitoring growth in the City than Measure X. He added that the City should be sensitive to infrastructure and that the Council believes in growth management. Councilman Buchheim stated that the City has one of the best growth management ordinances in California, but that it can be improved upon in a rational, calm manner. Determination Not to Appeal and 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 Buchheim, that the City not appeal the cases of BIA v. City of San Juan Capistrano and Verde San Juan v. City of San Juan Capistrano, and that the following Urgency Ordinance be adopted: ORDINANCE NO. 645. REPEALING URGENCY ORDINANCES NOS. 639 AND 641 (URGENCY) - AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING URGENCY ORDINANCES 639 AND 641 ESTABLISHING ZONING MORATORIUM (URGENCY) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None -5- 4/4/89 022 023 The Urgency Ordinance repealed Urgency Ordinances Nos. 639 and 641 and determined that it is no longer necessary to create a moratorium period within which to evaluate proposed projects for their compatibility with Measure X. The Ordinance took effect immediately. 2. APPEAL OF CITY MANAGER'S ADMINISTRATIVE DETERMINATION .......+.. �..m m. .m %Tv v ^DnTWXWOF A'Aa - AAOTFTC POTNTE Written Communication: Report dated April 4, 1989, from the City Manager regarding an appeal received from TMC Development of the City Manager's administrative determination and requesting an exemption of the Pacific Pointe project from the City's Moratorium or Urgency Ordinance 639. It was determined that no action was necessary due to the repeal of Urgency Ordinances 639 and 641. 3. CONSULTING AGREEMENT - FINANCIAL ADVISORY SERVICES (FIELDMAN ROLAPP & ASSOCIATES) (600.30) written Communication: Report dated April 4, 1989, from the City Manager forwarding a proposed agreement for professional consulting services for municipal financial advice in connection with the financing and preservation of open space, as authorized by the City Council on February 21, 1989. The primary purpose of the financial consultant would be to assist in the formulation of a coordinated plan to finance the purchase of the open space property. It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the following be approved: 1. Agreement for Consulting Services with Fieldman, Rolapp & Associates to provide municipal financial advisory services regarding the acquisition of agricultural and other lands for park, open space, and other public community services; and 2. A budget appropriation in the amount of $15,000 to cover the preliminary cost of this activity. -6- 4/4/89 4. AGREEMENT WITH THE CITY OF MISSION VIEJO FOR TRAFFIC SIGNAL AT THE INTERSECTION OF VIA ESCOLAR AND RANCHO VIEJO ROAD (600.30) _Written Communication: Report dated April 4, 1989, from the City Manager forwarding the proposed agreement with the City of Mission Viejo for the construction of a traffic signal system at the intersection of Via Escolar and Rancho Viejo Road in an effort to provide a higher level of safety and improved traffic flow through both communities. This first joint project with the City of Mission Viejo is scheduled for completion prior to the opening of the fall school season. Funds are budgeted in the 1992-93 Capital Improvement Budget, and a budget appropriation will be made when the plans and specifications are approved by the City Council. Mayor Hausdorfer expressed the City's appreciation to the City of Mission Viejo for its cooperation on this project. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the agreement with the City of Mission Viejo for the construction of a traffic signal system at the corner of Via Escolar and Rancho Viejo Road be approved. 5. REQUEST FOR FUNDS FOR INTERNATIONAL CHEERLEADING COMPETITION (CAPISTRANO VALLEY HIGH SCHOOL) (515.80) Written Communication: Report dated April 4, 1989, from the Senior Management Assistant regarding a request from the Capistrano Valley High School Cheerleading and Songleading Squads for financial assistance to compete at an International Cheerleading Competition to be held in Chicago on April 7 through April 9, 1989. The City's contribution would amount to $330, representing $10 for each member. Approval of Contribution: It was moved by Councilman Bland, seconded by Councilman Schwartze, and unanimously carried that funding in the amount of $330 for the Cheerleading and Songleading Squads of Capistrano Valley High School for their International Cheerleading Competition be approved. -7- 4/4/89 1 ®25 6, ESTABLISHMENT OF DEPOSIT SYSTEM FOR COMMUNITY PLANNING AND DEVELOPMENT (420.23) written Communication: Report dated April 4, 1989, from the Assistant City Manager proposing that the City change from a fee structure for planning and zoning applications to a deposit system in order to finance the Community Planning and Development Department's use of planning consultants to help process the high volume of applications in a timely manner. Under the new system, the applicant would submit an application cash deposit to the City when the application is filed, and the cost of processing the application would be paid out of the deposit. The purpose of the new system is to ensure that an applicant pays only the amount of money necessary to reimburse the City for the cost of processing the application while assuring full cost recovery for the City. Adoption of Resolution: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO 89-4-4-2 ESTABLISHING DEPOSIT SYSTEM FOR PROCESSING OF DEVELOPMENT PLANS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CITY RESOLUTION 83-7-5-1 RELATING TO AN AMENDMENT OF DEVELOPMENT FEES FOR THE PROCESSING OF DEVELOPMENT PLANS The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None ADMISSION OF THE CITY OF DANA POINT AS A PARTY TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (800.50) Written Communication: Report dated April 4, 1989, from the City Manager stating that the admission of Dana Point to the San Joaquin Hills -8- 4/4/89 Transportation Corridor was a continuation of the program previously established by the County prior to the incorporation of Dana Point. Adoption of Resolution and Approval of Amendment: It was moved by Councilman Schwartze, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 89-4-4-3, SUPPORTING ADMITTANCE OF THE CITY OF DANA POINT TO SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AGREEING TO ADMIT THE CITY OF DANA POINT AS A PART TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None The Resolution authorized the Mayor and City Clerk to attest the Amendment No. 1 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency. 8. CONTRACT MODIFICATIONS - STEPHEN C. KUHN & ASSOCIATES. INC. (600.30) Written Communication: Report dated April 4, 1989, from the Senior Management Assistant, requesting that the amount of the contract with Stephen C. Kuhn & Associates, Inc. be increased by $4,000 for 48 additional hours of consulting time, totaling $28,400. The contract increase was requested because the scope of the overall project had expanded beyond what was originally anticipated (e.g. extended interview process and coordination of project management meetings). Approval of Amended Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the Amendatory Agreement for consulting services with -9- 4/4/89 02'7 Stephen C. Kuhn & Associates, Inc. be approved, increasing the contract by $4,000, totaling $28,400. The transfer of the $4,000 was authorized from the general fund reserve to the personnel division specialized service account. DIRECTOR OF PUBLIC WORKS 1. written Communication: Report dated April 4, 1989, from the Director of Public Works forwarding the Scope of Work prepared by the Floodplain Management Committee for developing a comprehensive floodplain management program for the City. The team of Robert Bein, William Frost and Associates (engineering services), The SWA Group (landscape architectural services), and Lawrence Associates (planning services) were recommended as consultants to prepare the program. Also requested was an amendment to the City budget to provide the necessary funding for consultant services, estimated to be $45,000 to $50,000, in addition to costs for City staff time. Approval of Program and Consultants and Authorization of Budget Amendment: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that: a. The Floodplain Management Committee be authorized to proceed with preparation of the floodplain management program; b. The selection of Robert Bein, William Frost and Associates, The SWA Group, and Lawrence Associates be approved as the consulting team to prepare the floodplain management program under the direction of the Floodplain Management Committee; C. A budget amendment be authorized transferring $20,000 for the preparation of the. floodplain management program from the City's General Fund Reserve into Account No. 01-6213-4410 (Public Works Administration - Special Services); and -10- 4/4/89 d. Staff be directed to include $30,000 in the 1989-90 City budget. A Consulting Services agreement with Robert Bein, William Frost and Associates will be presented for Council approval at a future meeting. COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Capistrano Valley Wastewater Authority (1040.60) Councilman Buchheim noted that the cost of developing a new plant will probably be a little higher than originally anticipated but that the cost is in line. Another meeting will be held April 6 with the committee to study what types of processes the City desires for the plant, and the recommendations will be discussed at the April 18 Board meeting. b. Southeast Regional Reclamation Authority (1040.60) Councilman Buchheim stated that the plant is functioning with a high degree of efficiency and that the SERRA budget is being reviewed with increases to be anticipated. C. San Juan Basin Authority (1050.60) Councilman Buchheim stated that the Capistrano Beach Water District decided to withdraw from the Basin Authority the first part of April, and the committee is now trying to determine what allotment Capistrano Beach should receive. The Trabuco Water District is being brought in to replace the Capistrano Beach District. The dam project, which he noted is also a flood control measure, has been put on hold. COUNCIL COMMENTS 1. SAN JUAN DODGE Councilman Friess noted that the number of cars on display at the San Juan Dodge dealership appeared to be more than what was originally approved. The Community Planning and -11- 4/4/89 Development Department was requested to check into this possible violation and to report the findings back to the Council. There being no further business before the Council, the meeting was adjourned at 7:30 P.M. to the next regular meeting date of Tuesday, April 18, 1989, at 7:00 p.m. in the City Council Chamber. ATTEST: ARY HAUSDORFER, MA OR Respectfully submitted, -� MARY ANN OVER, CITY CLERK -12- 4/4/89