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90-0220_CC_Minutes_Regular Meeting391 FEBRUARY 20, 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 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; Kenneth Hammon, Interim Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas Tomlinson, City Planner; Thomas L. Baker, Director of Community Services; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of February 6, 1990: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of February 6, 1990, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that all Ordinances be read by title only. -1- 2/20/90 PRESENTATIONS AND COMMENDATIONS PROCLAMATION - FIESTA DE LAS GOLONDRINAS MARCH 16 THROUGH 24. 1990 (610.40) Written Communication: Report dated February 20, 1989, from the City Clerk, forwarding the Proclamation designating the week of March 16 through 24, 1990, as the Fiesta de las Golondrinas. Presentation of Proclamation: After Mayor Hausdorfer read the Proclamation in full, the Proclamation was presented to Anita Adkisson, President of the Fiesta Association. The Fiesta Association Sheriff's Posse entered the Chamber and delivered arrest warrants and garters to the City Manager, City Council, and Mr. Scarborough with the order that each of them wear the garters on their sleeves indicating their support for the Fiesta. 2. RECOGNITION OF COLLENE CAMPBELL FORMER PLANNING COMMISSIONER (110.30) Mayor Hausdorfer made a formal presentation to Ms. Campbell recognizing her service to the City as Planning Commissioner for seven years. Ms. Campbell expressed appreciation to the City for her appointment and being able to serve. CONSENT CALENDAR It was moved by Councilman Bland, 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, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated February 8, 1990, in the total amount of $773,187.09 was approved as submitted. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of January 31, 1990, in the total amount of $20,885,937.50 was approved as submitted. -2- 2/20/90 4. 5. 7. 8. 393 CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60) The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of January 31, 1990, was approved as submitted. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated February 20, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of February 7, 1990, was ordered received and filed. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated February 20, 1990, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of January 13, 1990, was ordered received and filed. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated February 20, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of February 13, 1990, was ordered received and filed. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated February 20, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of February 1, 1990, was ordered received and filed. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated February 20, 1990, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meeting of December 13, 1989, was ordered received and filed. 9. APPROVAL OF FINAL MAP - PARCEL MAP 89-313 (BLANK) (420.70) As set forth in the Report dated February 20, 1990, from the Director of Public Works, Final Map 89-313 to subdivide a 1.075 -acre lot into three residential parcels, located at the southwest corner of Los Rios Street and Mission Avenue, was approved, based on the finding that the Map is in conformance with the Subdivision Map Act and the conditions set forth by Council Resolution No. 90-2-6-1. The City Engineer and City -3- 2/20/90 MM Clerk were authorized to execute the Map, and the City Clerk was requested to record said Map. PUBLIC HEARINGS 1. REQUEST FOR TEMPORARY STREET CLOSURES FOR THE JACK LATHAM - MEMORIAL 50 -MILE RIDE AGAINST CANCER - SUNDAY, MARCH 11, 1990 (HERITAGE FESTIVAL) (580.50) Proposal: Consideration of a request from the American Cancer Society to hold its 6th Annual Jack Latham Memorial Ride Against Cancer on Sunday, March 11, 1990, from 8:00 a.m. to 1:00 p.m. as part of the 1990 Heritage Festival, with certain streets to be closed within the City limits. Written Communication: Report dated February 20, 1990, from the Director of Public Works, forwarding the proposed bike route and noting street closures and delays. Estimated cost to the City for staff and material is less than $500. Exhibits were on display, and Mr. Murphy made an oral presentation. In that he had just informally received a liability release from the organization, Mr. Murphy asked that the staff recommendation be changed to request that the hearing be continued until the next meeting until all legal papers have been posted. He noted that staff could not recommend approval of the full course at this time and expressed concern regarding the racers maneuvering tight corners in the bike trail. Public Hearincr: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following persons responded: (1) Carol Curwood, owner of South County Cyclery, 32302 Camino Capistrano, presented packets to the Council outlining additional specific information for the event, noting impacts on surrounding areas and residents. (2) Pastor Doran Tregarthen of St. Margaret's Episcopal Church spoke in support of the event, noting that the church had been assured by staff that traffic would be properly rerouted and would not hinder parishioners from attending services. Council Discussion: Council expressed concerns regarding safe passage, closure, and traffic impacts on the La Novia Bridge, particularly since the bridge would be shut down the day prior for the 10K -4- 2/20/90 895 run. Councilman Friess questioned the consideration of this matter so late in the process and expressed concern with severe impacts on traffic. Continuation of Hearing: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the hearing be continued to the meeting of March 6, 1990; should it appear that the race is not feasible, the race is to be canceled immediately by staff prior to the March 6 meeting, if necessary. Staff was directed to submit a report to Council. 2. CONSIDERATION OF RESIDENTIAL ALLOCATION SCHEDULE FOR CITY'S RESIDENTIAL GROWTH MANAGEMENT PROGRAM FOR 1990-1993 (440.50) Proposal: Consideration of a proposed allocation schedule as part of the City' Residential Growth Management Program for calendar years 1990 to 1993, pursuant to the setting of 400 units per year at the February 6, 1990, meeting. Written Communication: Report dated February 20, 1990, from the Director of Community Planning and Development, noting the three projects (Lomas San Juan Planned Community, Marbella Planned Community, and the Capistrano Valley Tennis Club and Academy) that are presently eligible for building permit allocations. Thomas Tomlinson made an oral presentation, reviewing the permit allocation requests for the above three projects. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and there being no response, closed the hearing. Council Discussion: Councilman Bland noted that this was the fourth year that the City has not come close to the numerical limit of 400 units allowed. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 90-2-20-1. APPROVING RESIDENTIAL ALLOCATION SCHEDULE - 1990-1993 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING RESIDENTIAL ALLOCATIONS FOR THE CALENDAR YEARS 1990, 1991, 1992, AND 1993 (RESIDENTIAL GROWTH MANAGEMENT) -5- 2/20/90 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None JOINT PUBLIC HEARING ON PROPOSED DISPOSITION OF REAL PROPERTY AND ACQUISITION OF REAL PROPERTY (SOLAG DISPOSAL) (CONTINUED) (670.20) Proposal• Consideration of a proposed agreement for exchange of real property with Thomas and Jasmine Trulis for the relocation of Solag Disposal Company. Written Communication: Report dated February 20, 1990, from the Assistant to the City Manager, forwarding the proposed agreement and outlining the proposed lease terms and conditions, noting that no new expenditure of City funds is required or requested and that no obligation will be placed on City taxes; letter dated February 20, 1990, from the City Manager asking for a continuance at the request of the applicant to the meeting of March 6, 1990. Mr. Julian made an oral presentation, noting concerns regarding a relocation site, citing the Prima Descheca site or coordinating with other cities as possibilities. Continuance of Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and there being no response, it was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the hearing be continued to the meeting of March 6, 1990, as requested by Tom Trulis. RECESS AND RECONVENE Council recessed at 7:45 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:15 P.M. (�' ADMINISTRATIVE ITEMS -6- 2/20/90 CITY MANAGER 1. MID -YEAR BUDGET (330.20) n Written Communication: Report dated February 20, 1990, from the Assistant City Manager, regarding the mid -year budget review, recommending that $128,500 and $34,700 be appropriated from the General Fund Reserve Account and Internal Service Fund Reserve Account, respectively, in order to provide sufficient funding to accomplish the increased programs and service levels not included in the original budget for fiscal year 1989-90. Approval of Appropriations: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to approve the transfers of $128,500 from the General Fund Reserve Account and $34,700 from the Internal Service Fund Reserve Account. The Director of Administrative Services was directed to transfer the funds to the appropriate accounts. 2. RENEWAL OF EMPLOYMENT AGREEMENT - CITY MANAGER (600.30) Written Communication: Report dated February 20, 1990, from the City Manager, forwarding the employment agreement between the City and the City Manager, commencing January 1, 1990, and running through July 1, 1995. Renewal of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that the employment agreement be approved between the City and the City Manager for the period January 1, 1990, through July 1, 1995. CITY ATTORNEY 1. REPEAL OF MUNICIPAL CODE SECTION 2-4.103(b) - CAMPAIGN CONTRIBUTIONS RELATING TO BALLOT MEASURES (630.20) Written Communication: Report dated February 20, 1990, from the City Attorney, recommending that the subject Code section be amended to remove limitations on campaign contributions affecting ballot measures, based on the United States Supreme Court decision in Citizens Against Control vs City of Berkeley. Currently the limitations are $100 for individual contributions with respect to campaigns for election of candidates and ballot measures and $200 for anonymous contributions. Limitations on contributions to candidates will remain in place. -7- 2/20/90 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 Schwartze, seconded by Councilman Buchheim, that the following Ordinance be introduced: AMENDING TITLE 2 CHAPTER 4 OF THE MUNICIPAL CODE TO DELETE LIMITATIONS ON CAMPAIGN CONTRIBUTIONS RELATIVE TO BALLOT MEASURES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 2-4.103 AND 2-4.104 THE MUNICIPAL CODE RELATING TO LIMITATIONS ON CAMPAIGN CONTRIBUTIONS FOR BALLOT MEASURES The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated February 20, 1990, from the Director of Community Planning and Development, advising that six Intent to File for Development Review applications were received by the City since the last report of January 16, 1990. The report was received and filed. DIRECTOR OF PUBLIC WORKS 1. Written Communication: Report dated February 20, 1990, from the Director of Public Works, regarding a request from Mr. and Mrs. Keith Powell for an alteration to shift the 15 -foot trail easement within their property to the most easterly boundary. Mr. and Mrs. Thomas Chow, who recently purchased the property, are also in agreement with this request. Cathy Powell, 26132 Oroville Place, Laguna Hills, previous owner of the property, spoke in favor of the trail alteration, citing concerns that equestrians/hikers may come 2/20/90 399 off the trail and onto the private road, in addition to grading and drainage concerns. Dom Tattoli, 31401 Aguacate Road, new owner of the adjacent property (purchased from Mr. Gus Owens), spoke in opposition to the alteration, stating that he was unaware of the request at the time he purchased this property and cited concerns with impacts from horses and noise. Mr. Tattoli noted that Mr. Robert Wish, an adjacent property owner, is also opposed to the trail alteration. Mr. Shaw stated that with regard to the realignment of the Wish/Moore trail system, if nothing is heard from either property owner before the March 6 meeting, his recommendation would be to go ahead with eminent domain proceedings. Mr. Murphy noted that either alignment of the Wish/Moore trail would be compatible with this easement acceptance. Acceptance of Easement: It was moved by Councilman Schwartze, seconded by Councilman Bland, and unanimously carried that the hiking/ equestrian easement along the easterly boundary of Parcel 1 of Parcel Map 80-38/39 be accepted. The Mayor and City Clerk were authorized to execute the easement, and the City Clerk was directed to record the document. 2. QUITCLAIM OF HIKING/EOUESTRIAN TRAIL EASEMENT - PARCEL 1. PARCEL MAP 80-38 (POWELL/CHOW) (670.50) Pursuant to the above discussion and acceptance of easement, it was moved by Councilman Schwartze, seconded by Councilman Bland, and unanimously carried that the subject easement be quitclaimed for recording. 3. CITYWIDE SPEED LIMIT STUDY (590.60) Written Communication: Report dated February 20, 1990, from the Director of Public Works, forwarding an amendment to Title 4 of the Municipal Code to set the following speed limits, as recommended by the firm of Basmaciyan-Darnell, Inc. in the Citywide Speed Limit Study, and as amended by staff: (1) Camino Las Ramblas from Avenida Calita to Kinkerry Lane - from 40 mph to 45 mph (2) Junipero Serra Road from Rancho Viejo Road to Camino Capistrano - from an unposted speed limit to 40 mph (3) Camino Del Avion from Del Obispo Street to the westerly City limits - from an unposted speed limit to 45 mph -9- 2/20/90 Councilman Bland expressed concern regarding posting a speed limit of 45 mph in a residential area and felt that the limits proposed for Nos. 1 and 3 above might be too high since traffic will be coming down steep hills, with potential ingress and egress problems. Councilman Friess expressed concern regarding No. 3 above, also citing the steep hill and noting the location of the school across the street, and requested that the limits be established at 40 mph and 35 mph, respectively. Mr. Julian noted that since limits are based on the 85th percentile of what people are actually traveling, it is important to make findings as to why the posted speed limit differs from that percentile, e.g. identification of hazards, etc. Otherwise, there would be difficulty with enforcement. 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 Friess, seconded by Councilman Buchheim, that the following Ordinance be introduced, setting the speed limit for Junipero Serra Road only and deleting the other two: AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE -TRAFFIC REGULATIONS - SPEED LIMITS (JUNIPERO SERRA ROAD) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMIT ON JUNIPERO SERRA ROAD FROM CAMINO CAPISTRANO TO RANCHO VIEJO ROAD, BY AMENDING SECTION 4-6.501 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 Staff was directed to investigate concerns regarding the remaining two posted speed limits and report back to Council. DIRECTOR OF COMMUNITY SERVICES 1. 1990 HERITAGE FESTIVAL SCHEDULE OF EVENTS (150.60) Written Communication: Report dated February 20, Community Services, forwarding one-month festival. -10- 1990, from the Director of the Schedule of Events for the 2/20/90 401 1 The Report was received and filed. 1. ORDINANCE APPROVING AMENDMENT TO CHAPTER 7, TITLE 9, OF THE MUNICIPAL CODE RELATING TO TENTATIVE SUBDIVISION MAP PROCESSING FOR RESIDENTIAL DEVELOPMENTS (RESIDENTIAL GROWTH MANAGEMENT (ADOPTION) (420.30) Written Communication: Report dated February 20, 1990, from the City Clerk, advising that the Ordinance was introduced at the meeting of February 6, 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 Bland, that the following Ordinance be adopted: ORDINANCE NO. 657, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - RESIDENTIAL GROWTH MANAGEMENT -AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-7.09 (d) (1) (i) AND SECTION 9-7.09(f) OF THE MUNICIPAL CODE, RELATING TO TENTATIVE SUBDIVISION MAP PROCESSING FOR RESIDENTIAL DEVELOPMENTS The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Orange County Solid Waste Management Committee (810.101 Councilman Bland stated that members of the Committee have been appointed by the County Board of Supervisors as the task force for the implementation of AB 949, which bill was adopted affecting the way cities deal with solid waste recycling. In addition, the Committee is making recommendations to the County Board of Supervisors on February 28, 1990, regarding the GSA -11- 2/20/90 operation becoming a separate department of the GSA and the current staff remaining in place. b. Capistrano Valley Wastewater Authority (1040.60) Councilman Buchheim noted the next meeting scheduled for - June. C. Southeast Regional Reclamation Authority (1040.60) Councilman Buchheim spoke about the further implementation of the sludge composting program taking place at the Chiquita Canyon site, noting there are 5 to 6 loads per day from the Serra plant. COUNCIL COMMENTS 1. RAILROAD REPAIR SIGNS (820.45) Councilman Friess suggested that more high-profile signage be used to alert drivers into taking alternate routes while the railroad repair is under way this month and March, e.g. a banner across the street, and that personnel from the Sheriff's Department and Public Works be used to help direct traffic before problems arise. He also noted that present signs could not be seen after dark. 2. SAN JUAN DODGE (AC 88-5) (410.60) Councilman Friess noted flags on every antennae on the cars for sale at this location. 3. DRAINAGE (550.40) Councilman Friess noted problems with mud coming onto San Juan Creek Road. CLOSED SESSION Council recessed to a Closed Session at 8:56 p.m. for discussion of personnel matters, the City Clerk being excused therefrom, and reconvened at 9:50 p.m. COUNCIL ACTIONS It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the City Manager be authorized to negotiate the employment agreement between the City and the Administrative Services Director candidate. -12- 2/20/90 403 1 There being no further business before the Council, the meeting was adjourned at 9:51 p.m. to the next regular meeting date of Tuesday, March 6, 1990, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, MARY ANN OVER, CITY CLERK ATTEST: z ANTHONY r BLAND, MAYOR PRO TEM -13- 2/20/90