Loading...
86-1104_CC_Minutes_Regular Meeting125 NOVEMBER 4, 1986 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 Friess at 7:00 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Homer Waisner, Ocean Hills Community Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant 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. Regular Meeting of October 21, 1986: It was moved by Councilman Schwartze, seconded by Councilman Bland, that the Minutes of the Regular Meeting of October 21, 1986, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None -1- 11/4/86 126 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION -LUNG AWARENESS MONTH, DECEMBER, 1986 (610.40) Written Communications: Report dated November 4, 1986, from the City Clerk, forwarding a proposed Proclamation. Approval of Proclamation: With the consensus of Council, Mayor Friess declared the month of December, 1986, as Lung Awareness Month in the City. 2. RESOLUTION OF COMMENDATION (GIBSON) (730.90) Written Communications: Report dated November 4, 1986, from the Assistant City Manager, advising that a plaque had been prepared in recognition of Mrs. Gibson's long-term service to the City. Mrs. Gibson recently announced her resignation from the position of Assistant to the City Manager, and will begin employment with the City of La Palma as Assistant City Manager, on November 6, 1986. Mayor Friess read the commendation in its entirety; Council expressed appreciation for the personal assistance rendered to them by Mrs. Gibson and for her work in the City over the years. Mrs. Gibson was present to receive the plaque. 3. INTRODUCTION OF CUB SCOUT WEBELOS DEN 1, PACK 13 (610.25) John McMahan, Den Leader for Webelos Den 1, Pack 13, introduced the 12 members of the Pack who were in attendance at the meeting. ORAL COMMUNICATIONS 1. TRAFFIC CONCERNS - DEL OBISPO/CAMINO CAPISTRANO (450.70/590.20) Angela Bailey, 32302 Alipaz Street, Space 171, cited difficulties encountered due to the traffic situation on southbound Camino Capistrano at Del Obispo Street, and suggested restriping the right hand lane for a right turn only lane. With the consensus of Council, the matter was referred to the Traffic and Transportation Commission and staff for review. WRITTEN COMMUNICATIONS 1. AD HOC COMMERCIAL VEHICLE ENFORCEMENT PROGRAM COMMITTEE Mayor Friess noted receipt of a letter dated October 27, 1986, from David Hanson, Chairman of the Traffic and Transportation Commission, requesting formation of an Ad Hoc Committee to study the issue of commercial vehicle enforcement and the purchase of scales and an additional Sheriffs Deputy to operate the program. -2- 11/4/86 127 Formation of Ad Hoc Committee: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, and unanimously carried to form an Ad Hoc Commercial Vehicle Enforcement Program Committee composed of a Member of the City Council, a Member of the Traffic and Transportation Commission, and representatives of the Sheriffs Department and the Public Works Department. Mayor Friess will attend the first meeting. CONSENT CALENDAR It was moved by Councilman Hausdorfer, 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 Hausdorfer, and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated October 22, 1986, Warrant Nos. 1,072-1,210, in the total amount of $558,422.49, was approved as submitted. 2. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated November 4, 1986, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of October 20, 1986, was ordered received and filed. 3. REPORT OF PLANNING COMMISSION ACTIONS The Report dated November 4, 1986, from the Secretary of the Planning Commission, regarding actions taken at the meeting of October 28, 1986, was ordered received and filed. 4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated November 4, 1986, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of October 8 and October 22, 1986, was ordered received and filed. 5. AWARD OF CONTRACT - MISSION HILLS DRIVE SLURRY SEAL PROJECT (VALLEY SLURRY SEAL) (600.30) As set forth in the report dated November 4, 1986, from the Director of Public Works, the contract for the Slurry Seal of Mission Hills Drive and related streets was awarded to Valley Slurry Seal Company, Inc., of Sacramento, in the total amount of $14,796.06; all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. -3- 11/4/86 • 6. OUARTERLY CAPITAL IMPROVEMENT PROJECT REPORT - The report dated November 4, 1986, from the Director of Public Works, setting forth the status of Capital Projects for the City, the Community Redevelopment Agency, and the Sewer Fund during the past quarter, was ordered received and filed. PUBLIC HEARINGS 1. PRIVATE STREET NAME CHANGE. PROPOSAL TO RENAME PASEO CHRISTINA This Hearing was continued from the meeting of October 21, 1986. Written Communications: (1) Report dated November 4, 1986, from the Director of Community Planning and Development, recommending approval of the street name change and advising that the Post Office, the Orange County Fire Department, and the Sheriffs Department had expressed concern regarding the request to eliminate the five -digit addressing code and create consecutive numbers starting with the number one. (2) Petition received November 3, 1986, signed by approximately 19 residents, requesting their names be withdrawn from the original petition and stating a preference that the name remain Paseo Christina. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Hearing and the following persons responded: (1) Victor Starnes, P. O. Box 811, President of the Association, noted that the petition withdrawing the request to change the name of Paseo Christina had been submitted by residents who had misunderstood the intent of the original petition; further, that the request to name the unnamed lane "La Pasita" still stood. (2) Karl Lederer, P. O. Box 1033, stated support for the naming of the unnamed lane. There being no further response, Mayor Friess closed the Hearing with the right to re -open at any time. Naming of Unnamed Lane "La Pasita:" It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 86-11-4-1, NAMING AN UNNAMED LANE "LA PASITA"- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, NAMING AN UNNAMED LANE "LA PASITA" -4- 11/4/86 2. 129 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None The Resolution named the unnamed lane that connects directly to Paseo Christina, "La Pasita" and directed that the subject properties shall maintain the same five - digit addresses as previously assigned. The request to change the name of Paseo Christina was withdrawn. The name change shall take effect 30 days from the effective date of the Resolution, or December 4, 1986. Written Communications: Report dated November 4, 1986, from the Director of Community Planning and Development, requesting continuation of the Hearing to allow for development of specific language involving off-site improvement conditions for the tract. Continuation of Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and, there being no response, it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to continue the Hearing to the meeting of November 18, 1986. RECESS AND RECONVENE Council recessed at 7:25 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:33 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. DISSOLUTION OF ORANGE COUNTY HEALTH PLANNING COUNCIL (560.80) Written Communications: Report dated November 4, 1986, from the Assistant to the City Manager, advising that the Orange County Health Planning Council had been dissolved as of September 30, 1986, and recommending that letters be prepared to thank the two representatives who served as appointees of the Council. Preparation of Letters: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to direct staff to prepare letters of thanks to Donna Sheldon, who served as Member, and John Stopkowicz, who served as Alternate on the Orange County Health Planning Council. -5- 11/4/86 130 2. MOBILE HOME PARK REVIEW COMMITTEE RECOMMENDATION - Written Communications: Report dated November 4, 1986, from the Assistant City Manager, advising that two petitions had been received from the residents of San Juan Mobile Estates. The first — petition protested a proposed rent increase; the second petition, signed by a majority of the park residents, agreed to a compromise measure. The report advised that the matter had been discussed with the Mobile Home Park Review Committee on September 2nd, and there was a consensus that the matter be dropped since the second petition contained the signatures of over 51% of the residents. At their October meeting, the Committee discussed the matter again and requested that Council direct staff to disregard the second petition and proceed with the hearing officer process. The Assistant City Manager made an oral presentation, discussing the history of the two petitions received by the City. He advised that the Board of Directors of the Homeowners Association had accepted the compromise by a 6-0-1 vote. Public Input: The following persons addressed Council: (1) Edwin Clark, 32302 Alipaz, Space 267, suggested that a standardized format for rent petitions be initiated and procedures set for withdrawal of names from petitions. He indicated that some signatures were illegible and some dates were unacceptable. (2) Keith Casenhiser, representing the management company, Leasco Specialty Services, 721 Brea Canyon Road, Walnut, 91789, cited his involvement in the negotiations to reach the compromise. He stated that the process for reaching a compromise worked and urged ratification of staffs recommendation. (3) Harry Jefferies 32302 Alipaz, Space 235, cited objections to acceptance of the second petition agreeing to a compromise, stating it was circulated in an undemocratic fashion and the majority of the residents were unaware of its existence. (4) Angela Bailey, 32302 Alipaz, Space 171, concurred that the second petition was not circulated in a fair manner. The Assistant City manager clarified the issue of the unacceptable dates; Council commended Mr. Southard and Mr. Casenhiser for their work on the issue. It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, and unanimously carried to accept the second petition agreeing to a compromise and to ratify the Staff decision to discontinue the hearing process. 0 11/4/86 131 Standard Format/Review of Bylaws: There was a concurrence with Councilman Schwartze's suggestion that the Committee Bylaws be reissued and reviewed at their next meeting. There was a consensus that a standard petition format be developed. 3. APPROVAL OF PLANS. SPECIFICATIONS AND CALL FOR BIDS - Written Communications: Report dated November 4, 1986, from the Assistant to the City Manager, requesting approval of the plans for the remodel of the Council Chamber, which includes upgraded lighting fixtures, repainting the walls and the backs of the public seats, modification to the wall coverings and the two corners behind the Council dais, and the addition of cabinets to hold agendas and other documents of interest to the public. The project was estimated at $30,000, and was budgeted as a capital project for 1986-87. Approval of Plans and Specifications/Call for Bids: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, and unanimously carried to approve the Plans and Specifications for the City Hall Remodel Phase II and to authorize staff to advertise for bids. 4. GRANT APPLICATION FOR HISTORIC PRESERVATION Written Communications: Report dated November 4, 1986, from the City Manager, advising that in 1780 four large kilns were built into the hillside approximately two blocks northeast of the Mission; one surviving kiln is located on EI Horno Street and another may be located close by. The project could begin in July, 1987, after permission of the property owner is obtained. It was estimated that preliminary hillside stabilization and the excavation of the kiln would cost approximately $7,500, of which 90% would be provided by State Historic Preservation grant monies and the remaining 10%, or $750, would be provided by the City. Funds were available in the City Manager's Department Budget allocation. Authorization to Submit Project Application: It was moved by Councilman Schwartze, seconded by Councilman Bland, that the following Resolution be adopted: NO. 86-11-4-i. GRANT APPLICATION - MISSION COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANT FUNDS FOR MISSION SAN JUAN CAPISTRANO KILN PROJECT FROM THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 -7- 11/4/86 132 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None — ABSENT: None DIRECTOR OF PUBLIC WORKS 1. ESTABLISHMENT OF "NO PARKING" ZONES - LA NOVIA Written Communications: (1) Report dated November 4, 1986, from the Director of Public Works, advising that the Traffic and Transportation Commission had considered the increasing problem of vehicles parking along La Novia Avenue south of San Juan Creek Road adjacent to the Los Corrales, Loma Verde and Mesa Verde developments. The problem arose due to the CC&R's in the Loma Verde, and Mesa Verde developments which prohibit homeowners from parking on their driveways and in their local streets. The report forwarded the Traffic Commission's recommendation to establish a "No Parking" zone on the easterly side of La Novia Avenue from San Juan Creek Road to its southerly terminus, and to establish a "time restricted parking" zone on the westerly side of La Novia Avenue from Paseo Azalea to its southerly terminus for a period of time not to exceed six months. After six months a permanent "No Parking" zone would be established. Staff had recommended establishment of the "No Parking" zone on both sides of La Novia. (2) Letter dated November 4, 1986, from Rosemary Baum, President, Loma Verde Homeowners Association, requesting limited parking on the east side of La Novia from Via Madrina to the dead end of La Novia, until such time as the traffic on La Novia warrants restricted parking. Dana Kasdan, Associate Civil Engineer, discussed the Traffic and Transportation Commission hearings and recommendation on the item. Public Input: The following persons addressed Council: (1) Rosemary Baum, President of the Loma Verde Homeowners Association, 27782 Via Madrina, stated that the Loma Verde tract was the most seriously affected by the staff recommendation and urged support of the Association request to allow parking on the east side of La Novia from Via Madrina to the terminus of La Novia. She stated concerns that the Mesa Verde tract would use the Loma Verde tract's public streets for parking if all parking were restricted on La Novia. 11/4/86 2. 133 Establishment of "No Parking" Zone: Council discussed the future extension of La Novia to connect to Valle Road and the Interstate 5 northbound ramps, and the accompanying increase in traffic volumes. Councilman Bland stated that a dangerous precedent would be set by allowing parking on a street which was not designed for parking. It was moved by Councilman Bland, seconded by Councilman Hausdorfer, to establish a "No Parking" zone on both sides of La Novia Avenue. Discussion ensued regarding the Traffic Commission recommendation to allow parking for a six-month period. (2) Jack McDowell, President of the Mesa Verde Homeowners Association, 32101 Via Flores, agreed that the Mesa Verde development was part of the problem and stated that an action to force compliance with the development's CC&R's was necessary. He stated that the problems should be solved by January. With the concurrence of the second, the motion was subsequently amended to adopt the following Resolution with an amendment to include an effective date of January 1, 1987, for establishment of the zone: RESOLUTION NO. 86-11-4-3, ESTABLISHING "NO PARKING" ZONES - LA NOVIA AVENUE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING" ZONES ON BOTH SIDES OF LA NOVIA AVENUE FROM SAN JUAN CREEK ROAD TO ITS SOUTHERLY TERMINUS The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None The Resolution authorized the City Traffic Engineer to cause the appropriate curbs to be painted and/or signs to be placed to provide notice of the "No Parking" zones, effective January 1, 1987. AGREEMENT FOR Written Communications: Report dated November 4, 1986, from the Director of Public Works, requesting approval of an agreement with the County for the joint funding of construction for the Del Obispo Street/Camino Del Avion Traffic Safety Project, which will widen the southeast corner intersection of Del Obispo Street and Camino Del Avion. The total project construction cost was estimated at $495,000, which includes design and construction engineering costs, contingency costs, and the construction contract. The County's Arterial Highway Financing Program will reimburse the City for 50% of all eligible costs, or $105,000. The eligible costs do not include 5D 11/4/86 -1;34 landscaping/ irrigation; curb, gutter, and sidewalk on Camino Del Avion; and, screen walls, and retaining wails to protect existing trees. The City's obligation will be $390,000. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, and unanimously carried to approve the "County of Orange Arterial Highway Financing Program Project Administration Agreement" for "Project No. 1164 - Camino Del Avion from Del Obispo Street to 600 Feet Easterly, and Del Obispo Street from Camino Del Avion to 360 Feet Southerly" and to authorize the Mayor and City Clerk to execute the document on behalf of the City. DIRECTOR OF COMMUNITY SERVICES 1. Written Communications: Report dated November 4, 1986, from the Director of Community Services, requesting approval of an application for a competitive grant to use public access television to produce a ten-minute program discussing the services offered by the City through the Community Services Department. Funds in the amount of $2,100 were available to the City through the Foundation for Community Service Cable Television. The report set forth the proposed budget for the project, which indicated a $63 deficit. Councilman Hausdorfer stated the project should not run a deficit, indicating support for the application if the deficit were eliminated. The Director of Community Services described the proposed project. It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the following Resolution be adopted with the understanding that the project is to be completed with the funding amount of $2,100: CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE APPLICATION FOR A GRANT FROM THE FOUNDATION FOR COMMUNITY SERVICE CABLE TELEVISION FOR THE PURPOSE OF USING THE PUBLIC ACCESS RESOURCES OF THE CITY TO PRODUCE A VIDEO PROGRAM CONCERNING THE COMMUNITY SERVICES _ PROGRAMS The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None -10- 11/4/86 135 COUNCILMANIC ITEMS 1. APPOINTMENT OF ONE MEMBER TO THE EQUESTRIAN COMMISSION (110.20) This item was continued from the meeting of October 21, 1986. Written Communications: Report dated October 7, 1986, and resubmitted November 4, 1986. With the concurrence of Council, Mayor Friess directed that this item be held over; applications were requested from non -equestrian persons. 2. APPOINTMENT OF ONE MEMBER TO THE CULTURAL ARTS AND HERITAGE !` X I AIC CTl kl /1111 9!N This item was continued from the meeting of October 21, 1986. Written Communications: Report dated October 7, 1986, and resubmitted November 4, 1986. Appointment of Nicholas Magalousis: Mayor Friess nominated Nicholas Magalousis, and there being no further nominations, nominations were closed. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to appoint Nicholas Magalousis to fill the vacancy on the Cultural Arts and Heritage Commission. 3. STATUS REPORT - TRANSPORTATION CORRIDORS (800.50) Written Communications: Report dated November 4, 1986, from the Assistant to the City Manager, setting forth a chronology of actions taken by both Joint Powers Authorities since their formation. It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried to receive and file the report. COUNCIL REMARKS 1. COMMENDATIONS (610.40) Councilman Hausdorfer acknowledged receipt of a letter dated October 20, 1986, from Reed Royalty, 30205 Hillside Terrace, commending the Director of Public Works; John Jones, Public Works Superintendent; and, Ron Johnson, Landscape Maintenance Contractor, for their prompt response to complaints regarding the landscape maintenance on Highland Drive between Monarch Drive and the entrance to the Stoneridge development. Council was advised that Jennifer Williams, Senior Administrative Assistant, had also been involved in the matter. 2. SAN JUAN DANCE HALL ANNIVERSARY (595.60) Councilman Buchheim noted that November 5th will mark the 8th anniversary of the San Juan Hot springs Dance Hall, and advised that the Seniors Program had planned a potluck at 2:30 p.m. -11- 11/4/86 -136 3. EQUESTRIAN EVENTS (930.40) Councilman Buchheim noted the success of recent events held at the Rancho Sierra Vista Stables and Sycamore Trails Stable. 4. COMPLAINTS - CAPISTRANO VILLAS NO. 3 NEWSLETTER (130.70) _ Councilman Schwartze noted receipt of a Newsletter from the Capistrano Villas No. 3 Homeowners Association which contained an article citing the City's unresponsiveness. There was a consensus that a letter be prepared to the Board of Directors setting forth City actions and assistance with problems in the area. 5. COUNTY JAIL SITES (580.70) Councilman Schwartze noted receipt of a letter dated October 30, 1986, from Supervisor Riley, encouraging participation in a November 7th Jail Committee meeting at the San Clemente Chamber of Commerce. 6. OUTDOOR STREET LIGHTING (420.30) Councilman Schwartze noted receipt of a memorandum regarding a test light area along Paseo Adelanto to compare the various kinds of street lights under consideration for the City's Street Lighting Standard. 7. ORANGE COUNTY TRANSPORTATION COMMISSION CANDIDACY (610.25) With regard to Councilman Hausdorfer's candidacy for appointment to the Orange County Transportation Commission, Councilman Schwartze advised that the election would occur at the November 13th League of California Cities meeting. 8. SIGN VIOLATIONS (410.40) Councilman Bland noted continuing sign violations by the Coach House Inn bus. 9. HAZARDOUS WASTE - ORANGE COUNTY INDUSTRIAL LEAGUE (530.20) Councilman Bland discussed his attendance at an Orange County Industrial League meeting. 10. ELECTION VOTER TURNOUT (630.30) Councilman Bland requested a report of the City turnout at the November 4th election. 11. RECOGNITION OF COMMUNITY SERVICE (ROMERO) (610.40) Mayor Friess advised that Teeter Romero, representative of the Juaneno Indian Tribe, had moved; he requested that a recognition of her service to the community be prepared. -12- 11/4/86 13"7 12. SWALLOWS DAY PARADE (150.60) Mayor Friess suggested that a liaison be established between the Fiesta Association, the School District, and private schools to assure participation of local school bands in the Swallows Day Parade. 13. MEETING ATTENDANCE (610.25) Councilman Hausdorfer advised he will be unable to attend the November 18th meeting. CLOSED SESSION Council recessed to a Closed Session at 8:38 p.m., for discussion of personnel matters, the City Clerk being excused therefrom, and reconvened at 9:48 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:48 p.m., to the next regular meeting date of Tuesday, November 18, 1986, at 7:00 p.m., in the City Council Chamber. ATTEST: ENNETH E. FRI SS, MAYOR Respectfully submitted, MARY ANNPNOVER, CITY CLERK -13- 11/4/86