86-1202_CC_Minutes_Regular Meeting155
DECEMBER 2, 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 7:05 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Peter Ensor,
St. Margaret of Scotland Episcopal Church.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Phillip R. Schwartze, Councilman
(arrived at 7:17 p.m.)
ABSENT: Lawrence F. Buchheim, Councilman
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.
MINUTES
Regular Meeting of November 18, 1986:
It was moved by Councilman Bland, seconded by Mayor Friess, that the Minutes of the
Regular Meeting of November 18, 1986, be approved as submitted. The motion carried
by the following vote:
AYES:
Councilman Bland, and Mayor Friess
NOES:
None
ABSTAIN;
Councilman Hausdorfer
ABSENT:
Councilmen Schwartze and Buchheim
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Bland, Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Buchheim
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - NATIONAL DRUNK AND DRUGGED DRIVER AWARENESS
WEEK - DECEMBER 7 THROUGH 14, 1986 (610.40)
Written Communications: _
Report dated December 2, 1986, from the City Manager, forwarding the proposed
Proclamation.
Approval of Proclamation:
Mayor Friess read the Proclamation in full and with the consensus of Council
proclaimed the week of December 7 through 14, 1986, as National Drunk and
Drugged Driver Awareness Week in the City. Tom Courtney was present to accept
the Proclamation on behalf of the Orange County Chapter of Mothers Against Drunk
Driving.
2. INTRODUCTION OF EMPLOYEE (GIBSON) (700.10)
The City Manager introduced Mark Gibson, who recently commenced employment
with the City in the capacity of Development Services Administrator in the
Department of Community Planning and Development.
ORAL COMMUNICATIONS
BICYCLE TRAIL SIGNS - DEL OBISPO STREET (930.50/590.80)
Dave Swerdlin, 26172 Via de Toledo, representing the Ciclistas Capistrano,
expressed appreciation for the on-going work on bike trails in the City and pointed
out a potential hazard for serious bicyclists on the bike trail along Del Obispo in the
Vicinity of the Christian's Farmers Market. The trail was recently redesigned in
conjunction with the Del Obispo Pedestrian Safety Project. He suggested
installation of signing to direct bicyclists off Del Obispo onto the bike trail and
offered the assistance of members of the Ciclistas in developing signage.
With the consensus of Council, Mayor Friess referred the item to the Director of
Public Works.
2. HISTORIC TOWN CENTER PROPOSAL (400.20)
Phillip Weissberg, 31196 Via San Vicente, stated objections to the proposed
development of the historic downtown area and noted he had presented petitions in
opposition to the project signed by approximately 50 persons. Mayor Friess offered
to meet with Mr. Weissberg to provide an historical perspective on the growth of the
City.
3. ENFORCEMENT OF BUILDING PERMIT REQUIREMENTS
Don Stott, 33781 Shamrock Lane, referred to his letter dated November 26, 1986,
regarding issuance of building permits and commencement of construction prior to
fulfillment of obligations relative to sales contracts on the Connemara tract. He
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requested City assistance in resolving the problem. With the consensus of Council,
Mayor Friess directed staff to work with Mr. Stott regarding his concerns.
4. STREET IMPROVEMENTS/LIGHTING - DEL OBISPO STREET (820.20/420.30)
Larry Streelman, 25701 Windjammer Drive, expressed appreciation for the widening
and street lighting of Del Obispo Street in the vicinity of the Christian's Farmers
Market.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, 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,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated November 18, 1986, Warrant Nos. 1,327-1,466, in the
total amount of $1,184,110.61, was approved as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (330.50)
The City Treasurer's Report of Fund Cash Balances as of September 30, 1986, in the
total amount of $33,116.84, was approved as submitted.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated December 2, 1986, from the Secretary of the Parks and
Recreation Commission, regarding actions taken at the meeting of November 17,
1986, was ordered received and filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated December 2, 1986, from the Secretary of the
Planning Commission, regarding actions taken at the meeting of November 12, 1986,
was ordered received and filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated December 2, 1986, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of November 12
and 26, 1986, was ordered received and filed.
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6. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (820.20)
The Report dated December 2, 1986, from the Director of Public Works, setting
forth the status of the Camino Capistrano Bridge construction, was ordered received
and filed.
7. CLAIM AGAINST THE CITY (MITCHELL R. MUNIZ) (170.70)
The Claim in the amount of $5,000, filed on November 19, 1986, by Mitchell Muniz,
for damages allegedly sustained when his vehicle struck a wood and gravel curb at
San Juan Creek Road and Camino Capistrano, was denied, as set forth in the report
dated December 2, 1986, from the City Attorney.
8. AGREEMENT FOR AUTOMOBILE AUCTION SERVICES
As set forth in the report dated December 2, 1986, from the Director of
Administrative Services, the agreement with Ken Porter Auction Company was
approved for a two-year period ending November 30, 1988, at a 9% commission
rate. The Mayor and City Clerk were authorized to execute the agreement on
behalf of the City.
PUBLIC HEARINGS
1. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -
YEAR XIII (480.20)
Proposal:
Consideration of the City's 13th Year Application for Housing and Community
Development Block Grant Program funds, in the amount of $200,000, to be used for
rehabilitation of the City's mobile home parks. Included in the consideration was
modification of the existing housing rehabilitation program to allocate funds
remaining in other accounts to housing rehabilitation in the Los Rios Area.
Applicant
This was a City -initiated Public Hearing.
Written Communications:
(1) Report dated December 2, 1986, from the Director of Community
Planning and Development, describing the modifications recommended
for the existing housing rehabilitation program and the proposed uses of
the requested Housing and Community Development Block Grant Funds.
(2) Report dated December 2, 1986, from the Director of Community
Planning and Development, forwarding the Planning Commission's
November 25th recommendation to approve the 13th Year Application.
Patricia David, Community Development Associate, advised that the funds would be
utilized to assist low- and moderate -income persons to upgrade their mobile homes
in order to eliminate Health and Safety Code violations. The existing program for
rehabilitation projects in the Los Rios area would be modified to offer grants and
deferred payment loans to low- to moderate- income owner occupants and to offer
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deferred payment loans to landlords of rental units in the Los Rios area in order to
encourage participation in the Housing Rehabilitation Program.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve the following:
(1) The 13th Year Application for Housing and Community Development
Block Grant Funds in the amount of $200,000 for the Los Rios area and
mobile home parks; and,
(2) Reallocation of prior years' unexpended funds and rental income funds
to the Housing Rehabilitation Program.
RECESS AND RECONVENE
Council recessed at 7:32 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:39 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CITY STREET LIGHTING PROGRAM (820:65;
Written Communications:
Report dated December 2, 1986, from the Assistant City Manager, forwarding
background information regarding street lighting options and recommending that the
City's existing mercury vapor lights be converted to high-pressure sodium vapor
lighting. the conversion would save an estimated $65,000 per year. San Diego Gas
and Electric would convert their lights at no cost to the City; the City would be
responsible for the conversion of its system, which was estimated at $115,000. The
conversion project would be eligible for a State loan program available through the
California Energy Commission. The loans are awarded on a competitive basis; the
City would receive priority consideration due to the projected two-year recovery of
costs to convert the lighting system. The due date for loan applications is
January 5, 1987.
Exhibits were on display depicting a low-pressure sodium vapor light, a high-pressure
sodium vapor light, a color -improved sodium vapor light, a metal haline light, and
the mercury vapor light. The Assistant city Manager discussed the safety,
economic, and aesthetic concerns involved in the proposed conversion. He advised
that the Architectural Board of Review and the Planning Commission had supported
conversion to the high-pressure sodium vapor lights, but had stated their preference
for the color -improved high-pressure sodium vapor lights should they become
available.
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Public Input:
Larry Streelman, 25701 Windjammer Drive, advised that the Captain's Hill
development had installed high-pressure sodium vapor lights and were pleased with
the resulting appearance and economics.
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Following discussion, it was moved by Councilman Bland, seconded by Councilman
Schwartze and unanimously carried to approve the conversion of public street lights
from mercury vapor to high-pressure sodium vapor, using 200 -watt and 100 -watt
bulbs and to include the use of cut-off lenses. Staff was authorized to apply for the
State loan and initiate preparation of the plans and specifications for the conversion.
The Assistant City Manager expressed appreciation for the assistance received from
Cindy Ferguson, Senior Administrative Assistant, and Mike Leite, San Diego Gas and
Electric.
CITY CLERK
CONSOLIDATION OF CITY ELECTIONS (630.30)
This item was continued from the meeting of October 21, 1986, for consideration by
the full Council.
Written Communications:
Report dated December 2, 1986, from the City Clerk, forwarding the October 21st
Agenda Item and advising that ballots cast in the City on November 4, 1986, for the
Office of Governor totalled 64% of registered voters.
With the consensus of Council, Mayor Friess directed that the item be continued for
consideration by the full Council.
2. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR
COMMISSIONS, BOARDS AND COMMITTEES (110.40)
Written Communications:
Report dated December 2, 1986, from the City Clerk, forwarding the lists of
Commissions, Boards, and Committees prepared pursuant to Government Code
Section 54974. The report advised that whenever an unscheduled vacancy occurred
on the Local Appointive List, a special vacancy notice was posted at the official
posting places in the City and in the City Clerk's Department.
Affirmation of Local Appointive List:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to affirm the lists of Commissions, Boards and Committees as
submitted and to concur with the posting of Vacancy Notices at the three official
posting places in the City as well as in the City Clerk's Department.
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DIRECTOR OF PUBLIC WORKS
1.
161
Written Communications:
Report dated December 2, 1986, from the Director of Public Works, advising that
pursuant to Council direction on November 18, 1986, staff had investigated Council
concerns and had found five additional factors relating to the character of the
roadway which could justify setting a speed limit lower than 25 miles per hour. The
report recommended setting speed limits of 15 and 20 miles per hour and noted that
the regulatory signing could be incorporated with the planned historic signing for the
entrance treatment now under consideration by the Los Rios Review Committee.
Council Discussion:
Councilman Hausdorfer stated support for the lower speed limit, but stated it was
not the ultimate solution due in part to enforcement problems. Mayor Friess noted
that historic signing would be implemented in conjunction with improvements in the
Los Rios Area.
Approval of Speed Limits on Los Rios Street:
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
Bland, seconded by Councilman Hausdorfer that the following Ordinance be
introduced:
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING PRIMA FACIE SPEED LIMITS ON LOS RIOS
STREET BY AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
The Ordinance set forth specific legislative findings relative to the character of Los
Rios Street and set a 20 -mile -per -hour speed limit on Los Rios Street between Del
Obispo Street and Verdugo Street and a 15 -mile -per -hour speed limit on Los Rios
Street between Verdugo Street and Mission Street.
2. ACCEPTANCE OF EASEMENTS - RANCHO VIEJO ROAD WIDENING
AT MISSION HILLS DRIVE FROST 670.5
Written Communications:
Report dated December 2, 1986, from the Director of Public Works, forwarding a
Resolution accepting an easement for street, highway, drainage and utility right -of-
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3.
way; and, an easement for slope and temporary construction right-of-way from Jess
and Dolores Frost. The easements were necessary for the future widening of the
east side of Rancho Viejo Road at Mission Hills Drive.
Acceptance of Easements:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that ..
the following Resolution be adopted:
RESOLUTION NO. 86-12-2-1, ACCEPTING EASEMENT FOR
THE WIDENING OF THE EAST SIDE OF RANCHO VIEJO ROAD
AT MISSION HILLS DRIVE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING EASEMENTS FOR THE WIDENING
OF THE EAST SIDE OF RANCHO VIEJO ROAD AT MISSION
HILLS DRIVE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
The City Clerk was authorized to forward the easements to the Orange County
Recorder's Office.
Written Communications:
Report dated December 2, 1986, from the Director of Public Works, advising that
two SERRA Plant rehabilitation projects were necessary to improve the capabilities
of the plant through more efficient and effective operations. The work will be
assessed to two SERRA project committees: the liquids treatment work, consisting
of a bar screen, find bubble aeration, and process water chlorination, will be
assessed to Project Committee No. 2-R - Plant Operations and Maintenance; the
solids equipment, consisting of best presses, will be assessed to Project Committee
No. 16 - Solids Handling and Odor Control Facility.
Adoption of Revised SERRA Budgets:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to adopt the revised budgets for SERRA Project Committee
NO. 2-R in the City's proportionate share of $373,557; and, Project Committee No.
16, in the City's proportionate share of $104,580. The transfer of funds within the
Sewer Enterprise Fund to the appropriate project Committees was authorized.
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ORDINANCES
Written Communications:
Report dated December 2, 1986, from the City Clerk, advising that the Ordinance
was introduced at the meeting of November 18, 1986, 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
Hausdorfer, seconded by Councilman Schwartze that the following Ordinance be
adopted:
CALIFORNIA, AMENDING SECTION 9-3.614 OF THE
MUNICIPAL CODE MODIFYING THE REGULATIONS FOR THE
INSTALLATION OF EXTERIOR LIGHTING IN RESIDENTIAL
AREAS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
Written Communications:
Report dated December 2, 1986, from the City Clerk, advising that the Ordinance
was introduced at the meeting of November 18, 1986, 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
Schwartze, seconded by Councilman Bland that the following Ordinance be adopted:
ORDINANCE NO. 587. AMENDMENT TO TITLE 9
CALIFORNIA, AMENDING SECTION 9-2.102 ENTITLED
"GENERAL PLAN AMENDMENTS," OF CHAPTER 2,
"ADMINISTRATION," OF TITLE 9, "LAND USE," OF THE
MUNICIPAL CODE
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: Councilman Buchheim
COUNCIL REMARKS
1. ECONOMIC DEVELOPMENT COMMISSION APPOINTMENTS
Councilman Hausdorfer advised that two appointments could be made to the
Economic Development Commission; one vacancy would still exist. With the
consensus of Council, Mayor Friess directed that the appointment be scheduled for
the next Council meeting.
2. DECEMBER MEETING SCHEDULE (610.25)
Councilman Hausdorfer suggested that the December 16 meeting be cancelled; the
Mayor and City Manager will meet to determine the necessity of conducting the
meeting.
3. COASTAL MUNICIPAL WATER DISTRICT (1050.90)
Mayor Friess noted receipt of a letter dated November 20, 1986, from Fred W.
Gilbert, General Manager -Secretary of the Coastal Municipal Water District,
requesting submission of names of persons who would benefit by an inspection tour
of the Colorado River water transportation facilities of the Metropolitan Water
District of Southern California on January 16 and 17, 1987.
4. RE -APPOINTMENT OF CITY REPRESENTATIVE TO VECTOR
CONTROL DISTRICT COLE (560.50)
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried to re -appoint Jerry Cole as the City's Representative to the
Orange County Vector Control District for a two-year term ending December 31,
1988.
5. UNIVERSITY OF CALIFORNIA, IRVINE, PRESENTATION (610.25)
Mayor Friess noted receipt of an invitation to attend a Star Wars presentation on
December 5th at the University of California, Irvine.
6. HELIUM BALLOON ADVERTISING (460.40)
Mayor Friess noted the use of Helium Balloons by businesses just north of the City
limits and requested that the County be advised of the Code violations.
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CLOSED SESSION
Council recessed to a Closed Session at 8:15 p.m., for discussion of personnel matters,
the City Clerk being excused therefrom, and reconvened at 9:20 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:20
p.m., to the next regular meeting date of Tuesday, December 16, 1986, at 7:00 p.m., in
the City Council Chamber.
Respectfully submitted,
ATTEST:
E!;�aTH E. FRIESS, AYOR:4
5
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