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87-0120_CC_Minutes_Regular Meeting191 JANUARY 20, 1987 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 Pastor Roger Boatman, Community Christian 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. MINUTES Regular Meeting of January 6, 1987: It was moved by Councilman Schwartze, seconded by Councilman Bland that the Minutes of the Regular Meeting of January 6, 1987, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, and Mayor Friess NOES: None ABSTAIN: Councilmen Buchheim and Hausdorfer ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer 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- 1/20/87 192 ORAL COMMUNICATIONS 1. HUNTING PERMITS FOR MOUNTAIN LIONS (500.40) Ilse Byrnes, 28355 Ortega Highway, spoke on behalf of the Mountain Lion Foundation and expressed appreciation for the City's resolution opposing mountain lion trophy hunting. 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 January 20, 1987, Warrant Nos. 1,701-1,794, in the total amount of $1,473,587.37, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of December 31, 1986, in the total amount of $12,164,506.95, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60) The City Treasurer's Report of 1911 Act Bond Delinquencies as of December 31, 1986, in the total amount of $529.80, was approved as submitted. 4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) 5. The Report dated January 20, 1987, Commission, regarding actions taken at ordered received and filed. from the Secretary of the Equestrian the meeting of January 12, 1987, was As set forth in the report dated January 20, 1987, from the Director of Community Planning and Development, Phase II of the Los Rios Paint Program was completed to the satisfaction of the Director of Community Planning and Development. The following Resolution was adopted: -2- 1/20/87 193 -1-20-1, COMPLETION OF THE EXTERIOR AAFC /1 ITTT F Hrli I VWrl/lrll !r r1WR V1 - A JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED ACCORDING TO THE CONTRACT FOR THE EXTERIOR PAINTING OF TWELVE CITY -OWNED HOMES IN THE LITTLE HOLLYWOOD AREA OF THE LOS RIOS DISTRICT (LOWRY) The Resolution accepted the work as complete in the amount of $18,850, and directed the City Clerk to forward a Notice of Completion to the County Recorder. 6. PARCEL MAP 73/14-15 - ACCEPTANCE OF IRREVOCABLE OFFER Written Communications: (1) Report dated January 20, 1987, from the Director of Public Works, forwarding a Resolution accepting a portion of the Irrevocable Roadway Offer to allow improvements to Via Estelita and the proposed Patterson parcels. (2) Letter dated January 14, 1987, from Mr. and Mrs. L. B. Jones, 26081 Via Estelita, San Juan Capistrano, objecting to the widening of Via Estelita. The following Resolution was adopted: -1-20-2. ACCEPTANCE OF A PORTION 1J kLI I n, rnAI..LL 4/ \J VIV LJ/ -n AGJ VLV I LVI`1 yr 111L 1 1I I COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A PORTION OF THE IRREVOCABLE OFFER FOR STREET EASEMENT OFFERED ON PARCEL MAP 73/14-15 (LOT A, PARCEL 4) (JONES) The Mayor and City Clerk were authorized to execute the document on behalf of the City for forwarding to the Orange County Recorder. 7. PARCEL MAP 73/14-15 - ACCEPTANCE OF IRREVOCABLE OFFER As set forth in the report dated January 20, 1987, from the Director of Public Works, the following Resolution accepting a portion of the Irrevocable Roadway Offer to allow improvements to Via Estelita and the proposed Patterson parcels, was adopted: RESOLUTION NO. 87-1-20-3 ACCEPTANCE OF A PORTION OF IRREVOCABLE ROADWAY OFFER - PARCEL MAP 73/14- 15 (LOT A, PARCEL 3) (SPAULDING) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A PORTION OF THE IRREVOCABLE OFFER FOR STREET EASEMENT OFFERED ON PARCEL MAP 73/14-15 (LOT A, PARCEL 3) (SPAULDING) -3- 1/20/87 HUM 8. The Mayor and City Clerk were authorized to execute the document on behalf of the City for forwarding to the Orange County Recorder. ROADWAY OFFER - PAL As set forth in the report dated January 20, 1987, from the Director of Public Works, the quitclaim of the entire irrevocable roadway offer created by Division of Land 73-104, as recorded in Parcel Map Book 78, Pages 3 and 4, was approved. The Mayor and City Clerk were authorized to execute the document on behalf of the City for forwarding to the Orange County Recorder. ARTERLY CAPITAL IMPROVEMENT PROJECT The report dated January 20, 1987, from the Director of Public Works, 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. 10. DENIAL OF CLAIM AGAINST THE CITY (CLIFTON PORTNOFF) (170.70) The Claim in the amount of $1,500, filed by Attorney Steven M. Myers on behalf of Clifton Portnoff, for the death of Mr. Portnoffs dog, was denied. PUBLIC HEARINGS I. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - EST Proposal: Consideration of regulations to establish minimum property maintenance standards for commercial and industrial properties located adjacent to major scenic highways as designated by the City's General Plan; and, modification of the tree trimming standards to require property owners to allow severely trimmed trees to regain their natural shape. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated January 20, 1987, from the Director of Community Planning and Development, forwarding the Planning Commission recommendation of approval. The City Planner set forth the history of the item, and noted that the Chamber of Commerce had sent out questionnaires and had received little response. 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. -4- 1/20/87 195 Councilman Hausdorfer cited continued opposition to the item, stating that it would not be an effective solution to the problem. Approval of Maintenance Standards: 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 Schwartze that the following Ordinance be introduced: AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - �ATT&1l` lIi1.1T11!\111 TTIYTI^TT\/ •. A 1.11, A1..11, U V1LL11V \IJ - AlY VRL1lY(11Y VL: Vl" 11lL: ...11 l Vl- JAIY JVll1Y CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.627 TO TITLE 9 OF THE MUNICIPAL CODE - CREATING MINIMUM PROPERTY MAINTENANCE STANDARDS FOR COMMERCIAL AND INDUSTRIAL BUILDINGS WITHIN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Friess NOES: Councilman Hausdorfer ABSENT: None 2. PROPOSED ADOPTION OF THE 1985 UNIFORM PLUMBING CODE 450.30 Proposal: Consideration of amendments to Title 8 of the Municipal Code, in compliance with State law requirements, to adopt the 1985 Edition of the Uniform Plumbing Code. Included were certain modifications and amendments which had been expressly found to be necessary and required by local conditions. Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated January 20, 1987, from the Director of Community Planning and Development, forwarding the proposed Ordinance. 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. Approval of Amendment to Title 8: 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 introduced: -5- 1/20/87 196 AL JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 9 "PLUMBING CODE," OF TITLE 8 "BUILDING REGULATIONS," OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE UNIFORM PLUMBING CODE, 1985 EDITION The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 7:17 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:22 p.m. ADMINISTRATIVE ITEMS CITY MANAGER FINDINGS REGARDING CAPISTRANO TERRACE MOBILE I M A T Y T =XT"ML TTTI XT N.7n vn% Written Communications: Report dated January 20, 1987, from the Assistant City Manager, advising that a Rent Petition had been received from residents of the Capistrano Terrace Mobile Home Park protesting a $50.00 per month rent increase, which would take effect October 1, 1986. The item had been considered by the Hearing Officer and the Mobile Home Park Review Committee. The Hearing Officer determined that an increase of approximately $25.000 to $27.000 per space should be allowed; the Committee recommended that only the CPI -U be granted, which totalled approximately $5.00 to $7.00 per space. The report set forth the Council's responsibility to review the findings and render written findings in support of its conclusions within thirty days after its meeting. The Assistant City manager set forth the history of the item, noting the items included in the official record and the options available to Council. from Petitioners/Park Owner Representatives: Steve Coontz, Attorney at Law, 32222 Camino Capistrano, spoke on behalf of the petitioners, stating that the park owner was responsible for justifying an increase beyond the maximum allowable; that mortgage expenses should not be an allowable item; that the rents paid at the park were the highest in the city on a per square foot basis; and, turn -over rents had been increased on 11 spaces in the park. He 1/20/87 19'7 requested that the decision made by Council be clear as to when any increase would take effect and the amount to be assessed to each space. (2) Richard Hall, 1200 Quail Street, Suite 280, Newport Beach, owner of the Capistrano Terrace Mobile Home Park, cited costs of improvements made in the park which had not been taken into account by the Hearing Officer; stated that turn -over rent increases were allowed by the City's ordinance; stated they had a program to assist persons who could not afford the rents; and, stated that the Hearing Officer had been mistaken on his calculations with regard to risk capital. Approval of Three Percent Increase: Following review and discussion, it was moved by Mayor Friess, seconded by Councilman Schwartze that based on the information presented from the hearings and the two parties, and based on evaluation of the financial statements, to approve a rent increase of three percent on existing rents; to apply the increase uniformly to rents; and, the increase is to reflect the annual increase as permitted under the law. The recommendations of the Hearing Officer and the Committee were not accepted. The motion was subsequently clarified that the timing of the increase would fall within the regulations of the ordinance of only one per year upon the anniversary date. The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim, and Mayor Friess NOES: Councilmen Bland and Hausdorfer ABSENT: None The City Attorney was directed to prepare written findings within 30 days. Exemption of the Whittaker Space: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried. that Space No. 25 be exempted from the recent ruling due to a previous written agreement between Mrs. Dorothy Whittaker and the park owner. RECESS AND RECONVENE Council recessed at 8:34 p.m., and reconvened at 8:45 p.m., with Councilman Buchheim absent. 2. AGREEMENT FOR SPACE RENTAL - HOT SPRINGS DANCE HALL fl nt1A1TV TJV AT TU l AMC A!`C Al(`V\ /[nn en\ Written Communications: Report dated January 20, 1987, from the Senior Administrative Assistant, forwarding an agreement with the County of Orange for use of desk space at the San Juan Hot Springs Dance Hall between 7:30 a.m., and 9:00 a.m., Monday through Friday by a County Sanitarian. The County will provide a telephone for use by the Sanitarian; the City will underwrite the cost for normal building maintenance and utilities. -7- 1/20/87 Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to approve the "Donated Space Agreement" between the City and the County of Orange. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. AGREEMENT FOR Written Communications: Report dated January 20, 1987, from the Assistant City Manager, forwarding an agreement with the Friends of the Library providing for a loan in the amount of $12,000 to the organization for construction of a book storage building at the Regional Library. The 10 -year interest-free loan is to be repaid at a yearly cost of $1,200. The report advised that a budget adjustment is necessary from the contingency reserves to fund the project. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to approve the Agreement with the Friends of the Library and to authorize the necessary budget adjustment. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. AUTHORIZATION FOR AGENCY TO FUND PRICE CLUB PUBLIC IMPROVEMENTS (DOHENY PARK ROAD CAMINO CAPISTRANO) (400.20) Written Communications: Report dated January 20, 1987, from the Director of Community Planning and Development, advising that the Disposition and Development Agreement entered into between the Agency and The Price Company on December 16, 1986, stipulated that the developer is responsible for the construction of all public improvements. The developer will lend the Agency the funds necessary for the land subsidy, development fees, EIR, and public infrastructure; the Agency will repay the loan via future sales tax revenues generated by the development. Pursuant to Section 33445 of the California Health and Safety Code, and with the consent of the legislative body, the Agency may pay all or part of the value of improvements upon a finding that such public improvements are of benefit to the Project Area and that there is no other reasonable means of financing such public improvements available for the community. The report forwarded a Resolution setting forth the required findings. Determination of Public Benefit: It was moved by Councilman Hausdorfer, the following Resolution be adopted: seconded by Councilman Schwartze that 1/20/87 1 Tel hV'1CGGIVIGIVIJ - h ICLJVLV11VlV VC' 1RG l.11 I l.VV1V �..1L VL' THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON OR ADJACENT TO THE SITE IS OF BENEFIT TO THE CENTRAL REDEVELOPMENT PROJECT AREA AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; AND, DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS (PRICE CLUB DEVELOPMENT AGREEMENT) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilman Buchheim DIRECTOR OF PUBLIC WORKS 1. SERRA PROJECT COMMITTEE NO. 2 - BUDGET ADJUSTMENT Written Communications: Report dated January 20, 1987, from the Director of Public Works, advising that the SERRA Board of Directors had approved the purchase of the vacant property on Del Obispo Street adjacent to the SERRA Treatment Plant for expansion of the existing SERRA facilities. The property is owned by the Dana Point Sanitary District. The cost of the property was $630,000; the City's proportionate share was $121,149. A transfer within the Sewer Enterprise Fund to Account No. 6284-4440 was required. Approval of Budget Adjustment: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the acquisition of the proposed property and to authorize the transfer of funds in the amount of $121,149. COUNCILMANIC ITEMS These items were taken out of order on the Agenda. 1. APPOINTMENT OF ONE MEMBER TO THE EQUESTRIAN COMMISSION (DRAPER) (110.20) Written Communications: Report dated January 20, 1987, from the Senior Administrative Assistant, forwarding the names of the seven applicants for appointment to the Equestrian Commission. -9- 1/20/87 200 Appointment of Marlene Draper: Councilman Hausdorfer nominated Marlene Draper. There being no further nominations, nominations were closed and it was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to appoint Marlene Draper to fill the vacancy on the Equestrian Commission. 2. ACCEPTANCE OF RESIGNATION/DECLARATION OF VACANCY - Written Communications: Report dated January 20, 1987, from the Senior Administrative Assistant, forwarding Mrs. Gloria Clancy's resignation from the Mobile Home Park Review Committee. Acceptance of Resignation/ Declaration of Vacancy: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to accept Mrs. Clancy's resignation as an Alternate on the Mobile Home Park Review Committee; to authorize staff to post notices of the vacancy and solicit applications; and, to prepare a recognition of Mrs. Clancy's services. DIRECTOR OF PUBLIC WORKS 2. Written Communications: (1) Report dated January 20, 1987, from the Director of Public Works, forwarding an agreement, pursuant to Condition No. 9 of Resolution No. 86-4-15-5, which required the developer of Tentative Parcel Map 85-466 to enter into a participation agreement to ensure cooperation in future sewer and/or roadway improvements. The agreement required financial participation in the permanent construction of a sewer line from Via Pastoral to Del Obispo and stated that the tie-in to the Via Arboleda sewer was temporary and must be disconnected upon notice by the City. The report also recommended approval of the Parcel Map. (2) Letter dated January 15, 1987, from William Korby, developer of Tentative Parcel Map 85-466, setting forth dealings with the City regarding the parcel map. (3) Letter dated January 18, 987, from T. J. LaMothe, 26001 Via Arboleda; Gary Humphreys, 26002 Via Arboleda; Gary Wood, 26001 Via Arboleda; and, Stephen Tucker, 26022 Via Arboleda, stating that permission to alter the street or grant easements for the sewer line had not been given by any of the seven other property owners on Via Arboleda and advising that the area's CC&R's would be enforced. (4) Letter received January 19, 1987, from Carl and Carol Wilson, 31761 Aguacate Road, supporting approval of the Parcel Map. (5) Letter dated January 20, 1987, from Connie Christensen, 31741 Aguacate Road, supporting approval of the Parcel Map. -10- 1/20/87 201 (6) Letter dated January 20, 1987, from Gary Humphreys, Humphreys & Associates, Inc., 3931 Birch Street, Newport Beach, 92660, citing concerns and requesting that the matter be continued to a later date. The Director of Public Works made an oral report, advising that the item under consideration dealt only with the subdivision of land and the related condition dealing with the agreement to participate in the sanitary sewer line expansion. The item did not deal with the Via Pastoral Area Study, which will be presented at a later date. He advised that in April, 1985, it was determined that this subdivision could move ahead separate from the Via Pastoral Study. Mr. Murphy discussed the soil conditions which led to the requirement for installation of a sewer line and the area residents' concerns regarding compliance with the CC&R's. He further clarified that the assessment imposed on Mr. Korby for the pro rata contribution for construction of sewer and roadway improvements would not be imposed on the balance of the property owners in the area. Public Input: William Korby, Korby Construction Company, 25865 Avenida Cabrillo, San Juan Capistrano, spoke in support of the project and responded to the letters of opposition, noting that he would be building one single -story home of approximately 3,400 square feet for his personal residence. He advised that upon completion of the sewer installation in the easement acquired from John Minch, he would participate in landscaping the affected hillside. Approval of Parcel Map/Agreement: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve Final Parcel Map 85-466 with the finding that the Map is consistent with the previously approved tentative map; and, to approve the Agreement with Mr. Korby for participation in future sewer and roadway improvements (Parcel 2 of Parcel Map 85-466). The Mayor and City Clerk were authorized to execute the agreement on behalf of the City for forwarding to the Orange County Recorder. COUNCIL REMARKS 1. MOBILE HOME PARK RENT PETITION HEARING COSTS (430.70) Councilman Hausdorfer cited concerns regarding the costs incurred in the rent petition process and the allocation of those expenses to one segment of the community. Council concurred with his suggestion that consideration be given to some method of reimbursement and that a report be prepared for Council review. 2. REPRESENTATION ON LAFCO AND ORANGE COUNTY LEAGUE OF CALIFORNIA CITIES (SCHWARTZE) (610.25) Mayor Friess advised that Councilman Schwartze had recently been elected as Chairman of LAFCO and Vice President of the Orange County League of California Cities. 3. PARKING OF VEHICLES FOR SALE (RALPHS) (570.30) Councilman Bland was advised that a status report will be prepared regarding enforcement of the regulations regarding parking of vehicles for sale on private property, in particular in the Ralphs parking lot. -11- 1/20/87 202 STREET LIGHTS - DEL OBISPO STREET (820.65) Councilman Bland was advised that the street lights along the recently -constructed section of Del Obispo in the vicinity of Christians' Farmers Market had not been activated due to equipment installation problems experienced by San Diego Gas and Electric. 5. STREET LIGHTS - VIA DE LINDA (820.65) Councilman Bland noted that a street light was out on Via de Linda between Calle Aspero and Calle Ricardo. ROADWAY CONDITIONS - SAN JUAN CREEK ROAD (820.30) Mayor Friess requested maintenance on a pothole developing at the intersection of La Novia Avenue and San Juan Creek Road. MARBELLA COUNTRY CLUB (420.20) Mayor Friess advised that the developer of the Marbella Country Club had requested a study session with Council; there was a consensus that the session be scheduled for the February 3, 1987, Agenda. 8. EROSION CONTROL (BARKER) (550.40) Councilman Bland requested a report in response to a letter dated January 8, 1987, from Gary Barker, 28321 Paseo Corrales, citing problems with the drainage reservoir behind his home. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:16 p.m., to the next regular meeting date of Tuesday, February 3, 1987, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, _VARY ANN H OVER, CITY CLERK ATTEST: <�' n' KENNETH E. FRIESS, MAYO -12- 1/20/87