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88-1115_CC_Minutes_Regular Meeting346 NOVEMBER 15, 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 7:02 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin, Mission San Juan Capistrano. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: Lawrence F. Buchheim, Mayor pro tem 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; Cheryl Johnson, Recording Secretary. DEDICATION OF MEETING TO MEMORY OF NATALIE MITCHELL (610.40) Mayor Hausdorfer noted that long-time resident Natalie Mitchell had passed away the previous weekend and dedicated the meeting to her memory. With the consensus of Council, staff was directed to plan a permanent memorial for Mrs. Mitchell and to proceed with plans for a memorial for John Williams. INTRODUCTION OF PERSONNEL (700.10) Mayor Hausdorfer introduced George Scarborough, who will assume the position of Assistant City Manager effective November 28, 1988. Mr. Scarborough was City Manager for the City of Los Altos Hills in northern California. MINUTES Regular Meeting of November 1, 1988: It was moved by Councilman Schwartze, seconded by Councilman Friess, that the Minutes of the Regular Meeting of November 1, 1988, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim -1- 11/15/88 347 MOTION TO READ BY TITLE ONLY It was moved by Councilman Bland, seconded by Councilman Schwartze, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim ORAL COMMUNICATIONS 1. MEASURE "X" (630.20) The following persons addressed Council regarding the passage of Measure "X", the Citizen's Sensible Growth and Traffic Control Initiative, on the November 8th ballot: (a) Bob Dunn, 31401 La Calera, representing the Friends of Historic San Juan Capistrano, cited concerns that City services should not be "slowed down." Mr. Dunn was advised that there would be no impact on services offered to residents of the City. (b) Bob Davies, 29391 Edgewood Road, representing the San Juan Alliance of Homeowners, Yes on "X", offered his services in implementing the requirements of Measure "X". (c) Jim Thorpe, 27952 Calle Santa Ynez, suggested that there was a need for a different kind of citizen input than that which was being received by Council and that a Citizen's Policy Plan group could be effective. 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, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim APPROVAL OF WARRANTS (300.30) The List of Demands dated November 3, 1988, in the total amount of $2,922,530.34, was approved as submitted. -2- 11/15/88 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Reports of Investments as of September 30, 1988, in the total amount of $17,554,826.39, and as of October 31, 1988, in the total amount of $16,954,826.39, were approved as submitted. 3. 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 October 31, 1988, was approved as submitted. 4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated November 15, 1988, from the Secretary of the Architectural Board of Review, regarding actions taken at the meeting of November 2, 1988, was ordered received and filed. 5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated November 15, 1988, from the Secretary of the Los Rios Review Committee, regarding actions taken at the meeting of October 27, 1988, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated November 15, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meeting of November 8, 1988, was ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated November 15, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of October 3, October 12, and October 26, 1988, was ordered received and filed. 8. COMPLETION OF PUBLIC IMPROVEMENTS AND RELEASE OF SURETY PASEO ESPADA PARCEL MAP 87-476 SELL MAN 600.30 As set forth in the report dated November 15, 1988, from the Director of Public Works, the public improvements for Parcel Map 87-476 were completed. Acceptance of Work: The following Resolution was adopted: G.JCll Ullj - l R".J I IVIY VIIFIL x;11 1 111C l 1I I OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - PARCEL MAP 87-476 (SELIGMAN/PASEO ESPADA) -3- 11/15/88 349 The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. The sureties for the project were held by Farmers and Merchants Bank. The Faithful Performance surety, in the amount of $150,880, for public improvements, was extended to November 15, 1989. Staff was authorized to release the surety after the one-year maintenance period. Staff was authorized to exonerate the Labor and Material surety, in the amount of $150,880, and the Monumentation surety, in the amount of $1,500, 35 days from recording the Notice of Completion. 9. COMPLETION OF IMPROVEMENTS, RANCHO VIEJO As set forth in the report dated November 15, 1988, from the Director of Public Works, the construction of the Rancho Viejo Road Widening at Mission Hills Drive was completed. Acceptance of Work: The following Resolution was adopted: 11 - THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE RANCHO VIEJO ROAD WIDENING AT MISSION HILLS DRIVE (ZELLNER COMMUNITIES) The Resolution accepted the work as complete in the amount of $116,015.48, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention 35 days after recording the Notice of Completion, as follows: $4,210 to Kennedy Pipeline Company; and, $6,474.15 to Mark Company. 10. QUARTERLY CAPITAL IMPROVEMENT PROJECT ACTIVITY REPORT As set forth in the report dated November 15, 1988, from the Director of Public Works, the report summarizing the activity of the Capital Projects for the City, the Community Redevelopment Agency, and the Sewer Fund during the past quarter, was ordered received and filed. 11. PURCHASE OF NEW TRACTOR - APPROVAL OF As set forth in the report dated November 15, 1988, from the Director of Public Works, the specifications for one three-quarter cubic yard wheeled tractor were approved and staff was authorized to call for bids. The anticipated cost of the tractor was $30,000. The unit will be shared by the City and the Capistrano Valley Water District; funds in the amount of $20,000 were budgeted by the City and the remainder was budgeted by the Water District. -4- 11/15/88 350 PUBLIC HEARINGS Written Communications: Report dated November 15, 1988, from the Director of Community Planning and Development, advising that Mr. Forster had concurred with staff's request to continue the item to the next meeting. 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 Schwartze, seconded by Councilman Friess and unanimously carried, with Councilman Buchheim absent, to continue the Hearing to the meeting of December 6, 1988. 2. APPEAL OF PLANNING COMMISSION ACTION TOPSOIL AND COMPOST PROCESSING FACILITY - CONDITIONAL USE PERMIT 88-9 KLASSEN 460.70) Proposal: Consideration of an appeal of the Planning Commission's denial of a topsoil and compost processing facility located on a 1.8 -acre parcel west of the Rosan Ranch property. The property was recently annexed to the City and is zoned within the GM (Growth Management) District. Surrounding uses include vacant property to the north, the San Juan Creek channel to the west, a nursery facility to the south, and the AT&SF Railroad and undeveloped Rosan Ranch to the east. A conditional use permit is required for the use in the Growth Management District. Applicant: Dennis Klassen, Klassen's Fertilizer, 23402 El Reposa, Laguna Hills, 92656. Written Communications: 1 Report dated November 15, 1988, from the Director of Community Planning and Development, recommending that the Planning Commission's denial be upheld because the mandatory findings cannot be made and stating that the facility had operated under the County's jurisdiction without benefit of proper approvals. (2) Letter dated November 8, 1988, from Dennis Klassen, requesting that the item be continued to December 20, 1988. (3) Letter dated November 11, 1988, from Cecelia Yorba Harrison, 33731 Camino Capistrano, San Juan Capistrano, in opposition to the Conditional Use Permit. Diane Bathgate, Planning Assistant, made an oral presentation, citing incompatibilities between the project and the proposals for the Rosan Ranch, and recommending denial of the appeal. -5- I m5/88 351 Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded: (1) Clyde Preston, 14272 Hoover Street, Westminister, 92638, owner of a corporation called The Potting Shed, advised that he had entered into a joint venture with Mr. Klassen and that Klassen's Fertilizer no longer existed. That operation was now under the control of The Potting Shed, which was an environmental company. He cited actions already taken in response to complaints and improvements he proposed to initiate. The extension had been requested to allow time to accomplish the improvements. (2) Jack Orwig, President of the Villa San Juan Mobile Home Park, 33831 Camino Capistrano, set forth the opposition of the residents of the mobile home park. (3) Dennis Klassen, applicant, stated that his use had not been started illegally and that he had applied for the conditional use permit when the Code Enforcement Officer advised him of the necessity to do so. There being no further response, Mayor Hausdorfer closed the Hearing with the right to re -open at any time. Council Discussion: There was a consensus that the use would not have been approved on that particular piece of property if it was before Council as a new use. Councilman Bland suggested that staff assist the applicant in determining whether there is a suitable location for the use within the City. Denial of Appeal: It was moved by Councilman Friess, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 88-11-15-3. DENYING APPEAL AND THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING APPEAL AND UPHOLDING PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 88-9 (KLASSEN) The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim -6- 11/15/88 3. 352 Proposal: Consideration of the Year 15 Application for the Community Development Block Grant Program funds. Funds in the amount of $540,000 were requested for use as follows: $200,000 for mobile home rehabilitation, $100,000 for City-wide housing rehabilitation, and $240,000 for public improvements to the Lacouague Building at the City's Recreation Center. Applicant: This was a City -initiated public hearing. Written Communications: Report dated November 15, 1988, from the Director of Community Planning and Development, forwarding the Community Development Block Grant Advisory Committee recommendations for use of funds for both existing and proposed projects. Brian Fisk, Community Development Assistant, made an oral report. 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. Approval of Year 15 Application: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to approve the Year 15 Application for Community Development Block Grant funding for mobile home rehabilitation, City-wide housing rehabilitation, and public improvements to the Lacouague Building at the City's Recreation Center. Staff was directed to issue a press release when the funds have been awarded to advise of the amount received and the proposed use. RECESS AND RECONVENE Council recessed at 8:05 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:10 p.m. ADMINISTRATIVE ITEMS CITY MANAGER REEMENT FOR EXTENSION OF LEASE - HARRISON F Written Communications: Report dated November 15, 1988, from the Senior Management Assistant, advising that the lease agreement for operation and maintenance of the Harrison Farm House and Parra Adobe by the Capistrano Indian Council was renewable on a yearly basis and forwarding the renewal for the period of December 1, 1988, through December 1, 1989. -7- 11/15/88 353 Approval of Lease Extension: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to approve the one-year extension of the lease agreement with the Capistrano Indian Council for the operation and maintenance of the Harrison Farm House and Parra Adobe at the annual payment of $1.00. The lease will be in effect until December 1, 1989. The Mayor and City Clerk were authorized to execute the lease on behalf of the City. MEASURE "X" - STATEMENT BY CITY MANAGER (630.20) The City Manager noted the effects of the passage of the Measure and the actions necessary to implement the requirements of the Measure. He advised that the results of the election will be certified by Council on December 6th and the initiative will be adopted at that time. The provisions of the initiative will be effective 10 days later, or December 16th. By the middle of June Council will enact all necessary ordinances for general plan amendments and administrative changes. He advised that development services may be delayed while City staff works out an implementation program. 2. SELECTION OF CONSULTANT - TION Written Communications: 1 Report dated November 15, 1988, from the City Manager, setting forth the results of bids received for the Comprehensive Classification and Compensation Study. The report advised that a recommendation would be forwarded prior to the meeting. (2) Report dated November 15, 1988, from the City Manager, advising that proposals had been received from eight firms and recommending the selection of Stephen C. Kuhn be Associates. The report advised that the cost of the study was estimated @d $24,400. The Water District was included in the study and would pay 25% of the cost. Selection of Firm: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to approve selection of Stephen C. Kuhn & Associates, Inc., to conduct a Comprehensive Classification and Compensation Study. Staff was authorized to transfer $18,300 from the General Fund Reserve to the Personnel Division's Specialized Services Account 01-6213-4121. The City Manager was authorized to negotiate a contract for the study. 3. RESOLUTIONS APPROVING Y Written Communications: Report dated November 15, 1988, from the Senior Management Assistant, advising that through the passage of Proposition 70 on the June, 1988, ballot, the State had made $11 million available to public agencies and non-profit organizations on a competitive basis for the preservation of historical and archeological resources. The report forwarded resolutions approving grant applications for the following: -8- 11/15/88 354 (1) Stabilization and Interpretation of the El Horno Street Kiln, located at 31401 El Horno Street, the last surviving Mission period kiln still in situ. (2) Rehabilitation of the Blas Aguilar Adobe, located at 31806 El Camino Real, for use as an interpretative center for a joint community education project focusing on San Juan Capistrano's historic town center. (3) Restoration of the Joel Congdon House, the oldest surviving wood structure in San Juan Capistrano, located at 332701 Alipaz Street. The house is currently owned by Shigeru Kinoshita, who has agreed to lease the house to the City. (4) Acquisition and Rehabilitation of the Judge Richard Egan House, located at 31892 Camino Capistrano, a Victorian terra-cotta brick building important to the Architectural and social history of the community. Approval of El Horno Kiln Grant Application: It was moved by Councilman Bland, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 88-11-15-4, APPROVING GRANT APPLICATION - EL HORNO KILN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY AND ARCHEOLOGY GRANT FUNDS FOR THE EL HORNO KILN RESTORATION PROJECT FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim Approval of Blas Aguilar Adobe Grant Application: It was moved by Councilman Bland, seconded by Councilman Friess that the following Resolution be adopted: 11-15-5, APPROVING GRANT APPLICATION - IJLIIJ IlV V11flA fILVUL - Il R�.:.JVLV IIVIY Vl- 113L: l.11 I l.V V1V t.l1 OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY AND ARCHEOLOGY GRANT FUNDS FOR THE BLAS AGUILAR ADOBE RESTORATION AND INTERPRETATION PROJECT FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 -9- 11/15/88 a 3`5 5 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim Approval of Joel Congdon House Grant Application: It was moved by Councilman Bland, seconded by Councilman Friess that the following Resolution be adopted: NO. 88-11-15-6, APPROVING GRANT APPL1CAIION - JVCL %-VINI LJIN RVUJL — n RL:JVLv a ay.v. ...L �.. . OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY AND ARCHEOLOGY GRANT FUNDS FOR THE JOEL CONGDON HOUSE REHABILITATION PROJECT FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim Approval of Judge Egan House Grant Application: It was moved by Councilman Bland, seconded by Councilman Friess that the following Resolution be adopted: NO. 88-11-15-7, APPROVING GRANT APPLICATION - JUIJUC GUn Pl nVVJL: THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY AND ARCHEOLOGY GRANT FUNDS FOR THE JUDGE RICHARD EGAN HOUSE ACQUISITION PROJECT FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim -10- ll/l5/88 356 Staff was directed to prepare a press release and to place the item on the Agency for Council information when the grants are awarded. 4. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING 330.10 Written Communications: Report dated November 15, 1988, from the City Manager, advising that the City received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada for the comprehensive annual financial report for fiscal year ending June 30, 1987. The report recognized the efforts of Bob Boone, Director of Administrative Services, the Administrative Services Department, and former Assistant City Manager Glenn Southard. With the concurrence of Council, Mayor Hausdorfer ordered the Certificate received. Mr. Boone joined Mayor Hausdorfer on the dais to receive the Certificate; the Administrative Services staff was recognized for their efforts. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. PROPOSED DEVELOPMENT PROJECTS (440.10) Written Communications: Report dated August 16, 1988, from the Director of Community Planning and Development, listing development applications received by the Community Planning Division since September 20, 1988. It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to order the report received and filed. DIRECTOR OF PUBLIC WORKS 1. COMPLETION OF PUBLIC IMPROVEMENTS RANCHO VIEJO ROAD AT MISSION HILLS DRIVE, TRACT 12257 HEALTHPARK 600.30 Written Communications: Report dated November 15, 1988, from the Director of Public Works, advising that the public improvements for Tract 12257 were complete and the sureties ready for release. Acceptance of Work: It was moved by Councilman Friess, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 88-i 1-15-8 COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 12257 HEALTHPARK - 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 CONSTRUCTION OF THE PUBLIC IMPROVEMENTS - TRACT 1.2257(HEALTHPARK) -11- 11/15%88 357 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. All sureties for the tract were held by Fremont Indemnity and a cash deposit for work within Rancho Viejo Road was held by the City. The Faithful Performance surety for public improvements in the amount of $260,000 was extended to 11/15/89; staff was authorized to release the surety upon completion of the one-year maintenance period. Staff was authorized to exonerate the cash deposit in the amount of $163,862; the Labor and Material surety in the amount of $260,000; and, the Monumentation surety in the amount of $5,000 35 days after recording the Notice of Completion. 2. MAINTENANCE OF MEDIANS ON MISSION HILLS DRIVE (820.30) Written Communications: Report dated November 15, 1988, from the Director of Public Works, advising that members of the Architectural Control Committee of the Mission Hills Homeowners Association had contacted the City to request release of their maintenance responsibilities of the off-site medians on Mission Hills Drive. The report recommended that the City absorb the maintenance of the medians since the medians are not encompassed within the Mission Hills development. Jack Culp, representing the Mission Hills Homeowners Association, 26871 Canyon Crest, was present to answer questions. Release of Responsibility: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to relieve the Mission Hills Homeowners Association of their responsibility and to assume the maintenance of the medians by the City effective January 1, 1989. COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES League of California Cities (140.20): Mayor Hausdorfer noted that the next meeting will be held Thursday. COUNCIL REMARKS 1. EXTERIOR FLASHING LIGHTS (MERCADO PLAZA) (460.40) Councilman Friess requested staff review of the flashing lights on the Mercado Plaza buildings. -12- 11/15/88 I I 8"58 CLOSED SESSION Council recessed to a Closed Session at 8:30 p.m., for discussion of personnel matters, the City Clerk being excused therefrom, and reconvened at 9:30 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:30 p.m., to the next regular meeting date of Tuesday, December 1, 1988, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, MARY ANN ANOVER, CITY CLERK -13- 11/15/88