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88-0802_CC_Minutes_Regular MeetingAUGUST 2, 1988 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 7:01 p.m., in the City Council Chamber, followed by the Pledge of .Allegiance to the Flag. Invocation was given by Pastor £d Carney, Capistrano Valley Church. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Lawrence F. Buchheim, Mayor pro tem Anthony L. Bland, Councilman Kenneth E. Friess, Councilman ABSENT: Phillip R. Schwartze, Councilman STAFF PRESENT: Stephen B. Julian, 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; Mary Carlson, Deputy City Clerk. MINUTES Regular Meeting of July 19, 1988: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of July 19, 1988, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Bland, seconded by Councilman Buchheim, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze 8/2/88 263 ORAL COMMUNICATIONS 1. COMMENDATION (730.90) Bill Hardy, 26523 Calle Lorenzo, commended the Public Works Department and contractors for completing the asphalt overlay of Camino Capistrano from Oso Road to Acjachema Street in an expeditious manner. CONSENT CALENDAR R was moved by Councilman Buchheim, 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 Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze APPROVAL OF WARRANTS (300.30) The List of Demands dated July 14, 1988, Warrant Nos. 9,171, 9,304, 9,306-9,314, and 9,463-9,627, in the total amount of $2,142,781.68, was approved as submitted. 2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated August 2, 1988, from the Secretary of the Architectural Board of Review, regarding actions taken at the meeting of July 20, 1988, was ordered received and filed. 3. REPORT OF ECONOMIC DEVELOPMENT COMMISSION ACTIONS (470.20) The Report dated August 2, 1988, from the Secretary of the Economic Development Commission, regarding actions taken at the meeting of July 13, 1988, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated August 2, 1988, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of July 18, 1988, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated August 2, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meeting of July 26, 1988, was ordered received and filed. -2- 8/2/88 6. COMPLETION OF CAMINO CAPISTRANO ASPHALT OVE RLAY 264 As set forth in the report dated August 2, 1988, from the Director of Public Works, the rehabilitation of Camino Capistrano from Oso Road to Acjachema Street was completed. Acceptance of Work: The following Resolution was adopted: CAM 31RGG1 iDLl1IR rV11VU, 11N1 ./ - .`1 RGJVLl:11VlV \Jr tnI l.11 i COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE CAMINO CAPISTRANO REHABILITATION, OSO ROAD TO ACJACHEMA STREET (BLAIR PAVING, INC.) The Resolution accepted the work as complete in the amount of $129,855.32, 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 $12,985.53, 35 days after recording the Notice of Completion. 7. COMPLETION OF MEREDITH CANYON As set forth in the report dated August 2, 1988, from the Director of Public ytorks, the construction of the ,%Aeredlth Canyon and .Alto Capistrano Slurry Seal Phase 1 was completed. Acceptance of Work: The following Resolution was adopted: OF MEREDITH wyVl.] .1111P 111, \ 111 �'f1l X!N� \.yry 111 ..) - 'l RLJVLV 1 1v1 vF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF MEREDITH CANYON AND ALTO CAPISTRANO SLURRY SEAL PHASE I (DOUG MARTIN CONTRACTING CO., INC.) The Resolution accepted the work as complete in the amount of $19,110.12, 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 $1,911.01, 35 days after recording the Notice of Completion. -3- 8/2/88 265 9 TANCE OF STORM DRAIN EASEMENTS FRC As set forth in the report dated August 2, 1988, from the Director of Public Works, storm drain easements were accepted from Gilbert Jones, Atsuo [to, and the Community Redevelopment Agency for construction of a storm drain system from Verdugo Street to Trabuco Creek via Los Rios Street and River Street. A right-of- way easement was accepted from the Franciscan Plaza Investment Group for development of the cul-de-sac and sidewalk on the south side of Verdugo Street. The deeds were required in conjunction with development of the Franciscan Plaza. The City Clerll was authorized to forward the deeds to the Orange County Recorder. ,ARRANTY AGRE ND DE4 ELOPMENT ( As set forth in the report dated August 2, 1988, from the City Attorney, the Agreement with Dividend Development Corporation to establish a Slope Displacement Warranty Program was approved as required by the conditions of approval for Tract 12633. The agreement required Dividend Development to offer a warrant for the structural soundness of the manufactured slopes for a period of 10 years and to post a surety bond in the amount of $20,000. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION .ACTIONS (590.20) This item was removed from the Consent Calendar at the request of Councilman Bland to discuss the All-XXay Stop Control at the intersection of Valle Road and 1-5 Northbound Ramps. He requested an additional report to determine why the request was not approved. By consensus, Council directed that the item be agendized for a future meeting. It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the report dated .August 2, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meeting of July 13, 1988, be ordered received and filed. EPTANCE OF GRANT DEED/CREEKSIDE EQUESTRIAN PROPERTY 'ES 670.50 This item was removed from the Consent Calendar at the request of Councilman Friess requesting identification of the land involved. The land is located in the river bed and will be designated for open space. As set forth in the report dated August 2, 1988, from the City Attorney, it was moved by Councilman Friess, seconded by Councilman Bland, and unanimously carried that the Grant Deed from Creekside Equestrian, Ltd., offered pursuant to an agreement approved by Council on May l7, 1988, for acquisition of an area within San Juan Creek and the northerly levee for park and recreation, equestrian, and bicycle trail usage, be accepted for forwarding to the Orange County Recorder. -4- 8/2/88 266 PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 88-2 .AND REZONE 88-1 TO ALLOW EXPANSION OF AREA AND ESTABLISHMENT OF PERMANENT FACILITY Proposai: Consideration of a General Plan Amendment and Rezone to expand an existing recreational vehicle storage facility from 544 spaces to 1,192 spaces and to establish the facility as a permanent use. The proposed General Plan Amendment would change the land use designation from 1.5 Medium Density Residential (8 dwelling units per acre) to SS (Special Study). The proposed Rezone would change the classification from AG (General Agriculture) to SP (Special Precise Plan). The facility is located at 32532 Alipaz Street. The proposed use would encompass approximately 15 acres. Approximately 7.25 acres of the site house the existing use. Surrounding uses include agriculture to the west; multi -family residential and future self -storage to the north; San Juan Creek to the east; and, a mobile home park to the south. The property is located with the AG (Agriculture) District. The current temporary use was granted by Conditional Use Permit 80-5 (Ehler) and 84-4 (Forster). The Conditional Use Permit will expire in 1989. Applicant/Property Owners: Thomas A. Forster, et al., P. O. Box 146, San Juan Capistrano. Charles and Irene Vermeulen, 11591 Cielo, Santa .Ana. Martin and Marion Scalzo, 522 South EI Camino Real, San Clemente. Written Communications: Report dated August 2, 1988, from the Director of Community Planning and Development, setting forth concerns of the Planning Commission and adjacent residents and forwarding the Commission's recommendation of denial based on impacts on neighboring properties, appropriateness of the land use, and past history of disregard for landscaping and conditions of approval. The report advised that the applicant had since requested that the project be considered under a conditional use permit application to allow the operation and proposed expansion as a temporary use. An Exhibit was on display and the Assistant Planner made an oral report, noting that there is concern related to the permanency of use in approving a General Plan Amendment and Rezone for this area. The Planning Commission and staff feel a conditional use permit would give the City better control of maintenance and development standards. The Director of Community Planning and Development indicated that if a conditional use permit were approved by the Planning Commission, the item would be returned to Council for a code amendment. -5- 8/2/88 267 Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded: (1) Tony Forster, 32021 Via Tonada, applicant, advised that he had operated the — storage facility with few complaints for 13 years that any complaints can be overcome. He concurred with the recommendation of staff for a conditional use. (2) Jerry Gann, 2703 Via Arboleda, San Clemente, spoke in support of the storage facility, citing the need for facilities of this type and the difficulties he had in finding a place to store his motor home. He indicated it is a very well run facility. (3) Mike Kelley, 32552 Alipaz, #3A, Valle Pacifica Homeowners Association, spoke in opposition to the storage facility even on a temporary basis stating that in the past ten years Rancho Storage has been a junk yard and an eyesore. He expressed concern about their Valle Pacifica being surrounded by commercial uses. (4) Bill Baker, 32552 Alipaz, /t6C, spoke in opposition indicating expansion of the storage facility would not be beneficial for property values. (5) Bob Weisenberger, 32552 Alipaz, #7A, President, Valle Pacifica Homeowners Association, stated that changing the zoning of the land in question from residential to commercial would make Valle Pacifica a residential island. (6) Tony Forster, applicant, questioned the use of the term "junk yard" for describing the storage facility and reiterated that no complaints had been received regarding the storage facility prior to the Planning Commission hearing and that traffic should not be a problem. There being no further response, Mayor Hausdorfer closed the Hearing with the right to re -open at any time. Consideration of Rezone/General Plan Amendment Tabled/ Referral to Planning Commission: It was moved by Councilman Bland seconded by Councilman Friess, and unanimously carried to table consideration of the Rezone and General Plan Amendment and to refer the item to the Planning Commission for consideration as a conditional use permit which would include landscaping guidelines, no expanded commercial use, and provision for a 24-hour caretaker. 2. APPROVAL OF 1988-89 BUDGETS AND AUTHORIZATION TO AccFcc r"AGGFc. CITY i ANI)';( -.APP MAINTENANCE DISTRICTS Proposal: Public Hearing held to receive testimony regarding the City Landscape Maintenance Districts' operations and consideration of the proposed assessments. -6- 8/2/88 Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated August 2, 1988, from the Director of Public 1Vorks, setting forth the proposed 1988-89 Landscape Maintenance Districts' budgets and assessments for each tract. The Director of Public tXorks advised that the proposed assessments had not been increased over those assessed the previous year for four of the five Landscape Maintenance Districts. The increase for assessments in Sea View, Tract No. 9284, has been discussed with their Block Captain. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded: (I) Janet Leavitt, 29582 Trabuco Creek Road, inquired if her property was in the area. (2) Janet Olson, 30981 Paseo Boscana, encouraged the use of drought resistant plants instead of grass when landscaping is replaced to preserve water and lower costs. There being no further response, Mayor Hausdorfer closed the Hearing with the right to re -open at any time. Confirmation of Cost Report: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 88-8-2-3 CONFIRMING COST REPORT - 1 LniV UJI..'1f-G NInUN I LINnlNk_G u131 Rll 13-n RG3lJLV 1IIAV llr IrlC CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 1988 LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze The Resolution directed that a copy of the report entitled "City of San Juan Capistrano, Landscape ,Maintenance District 1988" be forwarded to the County Assessor for inclusion on the property tax roll. The Resolution approved the following assessments: -7- 8/2/88 269 Proposal: Public Hearing held pursuant to provisions of the Landscaping and Lighting Act of 1972, to provide an opportunity for public comment regarding the District's proposed budget and annual assessment. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated August 2, 1988, from the Director of Public Works, itemizing the proposed 1988-89 District budget, which totalled $151,585.00 and represented a 13% increase from the 1987-88 cost. The proposed assessment per lot totalled $1,274.00. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer announced the Public Hearing. The City Clerk announced that a Certificate of Compliance was on file and open for public inspection. The Director of Public Works explained the purpose, scope and order of procedure for the Public hearing; explained the general nature, location and extent of the existing works of improvement; provided a description of boundaries of Landscape 'Maintenance District No. l; presented and summarized the "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972;" explained the method and formula of assessment spread; and, indicated there were no modifications necessary in the assessment or proceedings. The City Clerk reported there were no written protests received. The following persons responded in opposition to the proposed levy: (1) Joan Voller, 29952 Imperial Drive, President, Capistrano Royale Homeowners Association, noted an error in the staff report. (2) Jeanette Marmo, 2997, Imperial Drive, expressed concern with continuing increases in assessments. The Director of Public Works advised that no protests had been received from the affected property owners and therefore, no changes or modifications were proposed in the Engineer's "Report." -8- 8/2/88 Assessment Tract Per Home 9284 Sea View Estates $604 9382 Belford Terrace 440 — 8485 Mission Springs 211 7673 Mission 1;'oods 182 9373/7654 Los Corrales 90 3. CONFIRMING ASSESSMENTS AND PROVIDING FOR THE LEVYING OF THF AnnnTAT AccFcfMFNTC INT I ANnSCAPF. MAiNTFNANCE DISTRICT Proposal: Public Hearing held pursuant to provisions of the Landscaping and Lighting Act of 1972, to provide an opportunity for public comment regarding the District's proposed budget and annual assessment. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated August 2, 1988, from the Director of Public Works, itemizing the proposed 1988-89 District budget, which totalled $151,585.00 and represented a 13% increase from the 1987-88 cost. The proposed assessment per lot totalled $1,274.00. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer announced the Public Hearing. The City Clerk announced that a Certificate of Compliance was on file and open for public inspection. The Director of Public Works explained the purpose, scope and order of procedure for the Public hearing; explained the general nature, location and extent of the existing works of improvement; provided a description of boundaries of Landscape 'Maintenance District No. l; presented and summarized the "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972;" explained the method and formula of assessment spread; and, indicated there were no modifications necessary in the assessment or proceedings. The City Clerk reported there were no written protests received. The following persons responded in opposition to the proposed levy: (1) Joan Voller, 29952 Imperial Drive, President, Capistrano Royale Homeowners Association, noted an error in the staff report. (2) Jeanette Marmo, 2997, Imperial Drive, expressed concern with continuing increases in assessments. The Director of Public Works advised that no protests had been received from the affected property owners and therefore, no changes or modifications were proposed in the Engineer's "Report." -8- 8/2/88 270 There being no further response, .Mayor Hausdorfer closed the Public Hearing with the right to re -open at any time. Confirming Diagram and Assessment/Ordering .Annual Levy of Assessments: It was moved by Councilman Bland, seconded by Councilman Friess, that the following Resolution be adopted: CONFIRMING DIAGRAM AND f133 G33MG IN 1 - L1%,NU3k. I%rF NInl IN l GINE iNV G U131 Rlk.. l IN . 1 - n RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL .ASSESSMENT DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and ,Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze The Resolution approved assessments of $1,274.00 per lot. The City Clerk was directed to deliver the assessment and diagram with a Certificate of Confirmation to the Director of Public Works and to file a certified copy of the diagram and assessment with the County Auditor no later than the third Monday in August, or August 15, 1988. 4. .ASSESSMENT OF CHARGES - 1988 WEED ABATEMENT PROGRAM (540.70) Proposal: Public Hearing held in compliance with City Ordinance No. 348, to allow, all affected parties to comment regarding the weed abatement program and assessment charges. .Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated August 2, 1988, from the Director of Public Works, forwarding the charges for the City's Weed Abatement Program for Council confirmation. The report advised that the contractual costs of the program to date were approximately $30,000. Public Hearing: Notice having been given as required by law, :Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Confirmation of Cost Report: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted: -9- 8/2/88 2'71 RESOLUTION NO. 88-8-2-5 CONFIRMING COST REPORT - 19 w CCU AtlA l CMGIN t - � U "', v� ...� � ,, THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1988 WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze Staff was authorized to forward a copy of the report entitled "City of San Juan Capistrano, Weed Abatement - 1988" to the Office of the County Auditor -Controller for inclusion on the property tax roll. RECESS AND RECONVENE Council recessed at 8:24 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:27 p.m. ADMINISTRATIVE ITEMS CITY MANAGER RESOLUTION AMENDING PERSONNEL CLASSIFICATION AND COMPENSATION Written Communications: A report dated August 2, 1988, from the City Manager forwarding revisions to the City's Personnel Classification and Compensation Plan and the Memorandum of Understanding with the San Juan Capistrano Management Employees' Association. The agreement covers a one-year period commencing July 1, 1988, through June 30, 1989, and includes a four percent cost of living increase. The City Manager indicated that an agreement had been reached with the San Juan Capistrano Classified Employees' Association and the Memorandum of Understanding with that group would be presented for Council ratification at another meeting. Ratification of Memorandum of Understanding: — It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to ratify the approved Memorandum of Understanding with the Management Employees' Association, and to authorize the Mayor and City Clerk to sign the document on behalf of the City. Approving Amendments: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted: -lo- 8/2/88 0 AMENDING CAPISTRANO, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze OF SAN JUAN CITY'S PERSONNEL 272 Written Communications: Report dated August 2, 1988, from the Senior Management Assistant, advising that the last review of the City's Personnel Classification and Pay Plan was completed in April, 1982, and recommending that a new study be undertaken. The study will take into account the organizational changes and technological improvements that have occurred within the last six years and allow organization of the work force to better address priorities established by the community and Council. Authorization to Solicit Proposals: It was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried to authorize the solicitation of proposals from qualified consultants to conduct a classification and salary survey for the City. 3. EASTERN SPHERE OF INFLUENCE - RANCHO MISSION VIEJO (620.60) Written Communications: Report dated August 2, 1988, from the City Manager, advising that representatives of the Rancho Mission Viejo, the City of Mission Viejo, and the City of San Juan Capistrano have met to discuss sphere of influence concerns over properties owned by Rancho Mission Viejo. LAFCO has continued to consideration of sphere requests for both the City of San Juan Capistrano and the City of Mission Viejo August 31, 1988. The most desirable approach for resolving the overlapping spheres of influence involves the cooperative efforts of the two cities and the Ranch. To that end, the Rancho Mission Viejo and the cities of San Juan Capistrano and Mission Viejo should enter into a letter agreement requesting the withdrawl of their respective proposals for a sphere of influence; that LAFCO not establish any sphere of influence over any portions of the Ranch; and thirdly, the involved parties agree to meet regularly to discuss their mutual concerns. 812/88 273 Approval of Letter of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to authorize staff to continue discussions and enter into a letter agreement on behalf of the City of San Juan Capistrano with language that is — acceptable to the City of Mission Viejo and the Rancho Mission Viejo. CITY CLERK 1. CITIZENS' SENSIBLE GROWTH AND TRAFFIC Written Communications: Report dated August 2, 1988, from the City Clerk, advising that on March 1, 1988, Council took action to place an initiative ordinance entitled Citizens' Sensible Growth and Traffic Control Initiative on the ballot for the November 8, 1988, Statewide General Election. The report forwarded resolutions calling the election, requesting consolidation with the Statewide General Election, and authorizing arguments. The report advised that $3,000 had been budgeted in the 1988-89 elections account to mail the Notice of future election consolidation. Costs to consolidate with the County for the November ballot was estimated at $6,500 and a budget transfer was required. Calling Election: It was moved by Councilman Friess, seconded by Councilman Buchheim that the following Resolution be adopted: NO. 88-8-2-7 CALLING ELECTION FOR INVVGMDGR O, 1700 - LVLLl JU[ - / 11"11Lv I. - 1� COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 8, 1988, FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE CITIZENS' SENSIBLE GROWTH AND TRAFFIC CONTROL INITIATIVE The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze Requesting Consolidation: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted: _12- 8/2/88 2'74 CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 1988, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE (CITIZENS' SENSIBLE GROWTH AND TRAFFIC CONTROL INITIATIVE) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze The City Clerk was directed to file a certified copy of the resolution with the Board of Supervisors and the County Election Department. Authorizing Written Argument: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 88-8-2-9 AUTHORIZING WRITTEN ARCLIMENT - rvvvcmoctc o, i�oa, c�c�, i ivry - r% mcwi-u i ivry yr i nc �.0 r COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY :MEASURE The motion carried by the following cote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze The Resolution authorized City Council to file a written argument against the Citizens' Sensible Growth and Traffic Control Initiative. No provisions for either rebuttal arguments or an attorney's analysis were made; primary arguments will be printed in the Voters Pamphlet. A budget transfer of $6,500 to elections account No. 01-6217-4130 was approved. -13- 8/2/88 2'75 DIRECTOR OF ADMINISTRATIVE SERVICES STATEMENT OF INVESTMENT POLICY (350.50) Written Communications: Report dated August 2, 1988, from the City Treasurer and the Director of Administrative Services, forwarding a Statement of Investment Policy, as required by the California Government Code. Approval of Statement: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to approve the Statement of Investment Policy. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT W VER OF FEES Written Communications: Report dated August 2, Development, advising that No. 2 wished to change an i design along Via Santo Ton modification to site plan, n the Planning Commission a processing fee. The report not fully justified and was modifications to site plans. N TO BOUNDAR 988, from the Director of Community Planning and the Capistrano Garden Homes Homeowners' Association .xisting wood slat fence to wrought iron and slump block as and Calle Rosalia. The proposal, considered to be a !quired review by the .Architectural Board of Review and nd the Association had requested a waiver of the $250 recommended denial of the request since the waiver was inconsistent with the processing of other requests for Jean LaBurn, 31192 Via San Vicente, representing the Las Brisas Homeowners Association, indicated that the Homeowners Association is trying to improve the wood fence because it has termites. Replacement with wrought iron would improve appearance and reduce maintenance. The fee of $250 would have to be paid by the Homeowners Association in addition to the cost of replacing the fence. Approval of Request: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried to approve the request to waive the required fees for processing a modification to site plan. LICENSE AGREEMENT FOR PUBLIC PARKING ADJACENT TO Written Communications: Report dated August 2, 1988, from the Director of Community Planning and Development, advising that due to construction activity and archaeological work in the downtown area, various parking areas have been temporarily closed. The report forwarded an agreement with the Stroscher Ranch Partnership to provide temporary use of a 42 -space parking lot behind the old Pacific Bell building on El Camino Real for downtown merchants and employees. The City will have use of the parking lot at no cost until 30 days notice of termination is given by either party to the agreement; -14- 8/2/88 2'76 the City will maintain the property, obtain insurance, and hold the property owner harmless. The cost of signage, lighting, and maintenance of the lot was estimated at $2,000. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to approve the License Agreement with Stroscher Ranch Properties. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. 3. PRE -ANNEXATION AGREEMENT (MICHAELS) (600.30) Written Communications: Report dated August 2, 1988, from the Director of Community Planning and Development, advising that Alex Michaels, Consolidated San Jacinto Hills, 4000 Padua Road, Claremont, had requested approval of a pre -annexation agreement for 23 acres located within the City's Sphere of Influence south of Paseo de Colinas. The agreement requires the City to initiate a General Plan Amendment and Prezone in order to address future infrastructure requirements, review a development proposal, and establish a land use designation and zoning for the property. The property was part of the City's Westside Annexation request; however, in October, 1987, the property owner and LAFCO agreed to delay consideration of the annexation for one year. If final action has not been taken on the General Plan Amendment, zoning and development agreement by September 30, 1988, a one-year extension of the County agreement delaying annexation will be requested. A letter dated August 2, 1988, from Alex .Michaels, applicant/property owner, requesting the item be continued to the August 16, 1988, meeting. Continuation to August 16, 1988: Consideration of the Pre -Annexation .Agreement with Alex Michaels was continued to August 16, 1988, by consensus. DIRECTOR OF PUBLIC WORKS APPROVAL OF SPECIFICATIONS AND A Written Communications: Report dated August 2, 1988, from the Director of Public Works, advising that during the initial phase of the street light conversion project 700 street lights were converted to the more energy-efficient high pressure sodium vapor lamps and Mission Bell fixture. Phase It will complete conversion of the remaining lights. The report advised that the majority of the remaining lamps were not Mission Bell fixtures and due to the fixture conversion cost, recommended conversion to Mission Bell fixtures of only 40 street lights along the City's main roadways and in highly visual areas. The remaining non -Mission Bell fixtures would be modified so that a future change to a Mission Bell fixture could be easily accomplished. The estimated cost for the Phase li project was $107,670, including the 40 Mission Bell fixture change -overs. -15- 8/2/88 2'7"7 Approval of Specifications/Request for Proposals: h was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried to approve the specifications for the Phase II Conversion of City Street Lights to High Pressure Sodium Vapor Lamps and to authorize staff to solicit proposals for the project. ORDINANCES AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - nPr7_CTPFFT PARKIN(: RFCII!IRFMFNTS ADOPTION (570 Written Communications: Report dated August 2, 1988, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 19, 1988, 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: 633. .AMENDMENT TO TITLE 9 OF THE MUNRAFAL UUUL - Ut-1' 251 mcc I rntcnuNka - n N VRU11 V111V�.. L. OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.602 OF THE MUNICIPAL CODE TO MODIFY THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR PROJECTS WITHIN THE CITY The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES Capistrano Valley Wastewater Authority (1040.60): Councilman Buchheim reported that Requests for Proposals for the new treatment plant are due August 9, 1988. Reclamat next meeting will be August 4, 1988. San Juan Basin Authority: Councilman Buchheim indicated the next meeting will be August 9, 1988. -16- 8/2/88 278 Foothill/Eastern Transportation Corridor: Mayor Hausdorfer reported the Environmental Impact Report is available for comment. San Joaquin Hills Transportation Corridor: Councilman Friess reported the Environmental Impact Report is available for comment. COUNCIL REMARKS 1. LOS RIOS REVIEW COMMITTEE AND CULTURAL ARTS AND HERITAGE COMMISSION400.50/910.60 It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried, to review the functions of the Los Rios Review Committee and the Cultural Arts and Heritage Commission at the August 16, 1988, meeting. CLOSED SESSION Council recessed to a Closed Session at 9:02 p.m., for discussion of Personnel and Salary matters, the City Clerk being excused therefrom, and reconvened at 10:24 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:25 p.m., to the next regular meeting date of Tuesday, August 16, 1988, at 7:00 p.m., in the City Council Chamber. ;;;iATTEST: Respectfully submitted, -17- 8/2/88