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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 -1- 12/2/86 156 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 -2- 12/2/86 15•'7 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. -3- 12/2/86 15.8 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 -4- 12/2/86 15-19 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. -5- 12/2/86 1.60 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. •YY• v ��.. uM u. .�.. •.jam. �� 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. -6- 12/2/86 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- -7- 12/2/86 r 162 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. -8- 12/2/86 163 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 -9- 12/2/86 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. 10 12/2/86 165 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 -11- 12/2/86