87-0217_CC_Minutes_Regular Meeting21'7
FEBRUARY 17, 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 7:02 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Councilman Gary
Hausdorfer.
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: Glenn Southard, Assistant City Manager; Mary Ann Hanover, City
Clerk; John R. Shaw, City Attorney; 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 Meetingof February 3, 1987:
It was moved by Councilman Buchheim, seconded by Councilman Bland, that the Minutes
of the Regular Meeting of February 3, 1987, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, 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
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PRESENTATIONS AND COMMENDATIONS
1. COMMENDATION FOR COMMUNITY SERVICE (TEETER ROMERO) (610.40)
Written Communications:
Report dated February 17, 1987, from the Senior Administrative Assistant, advising _
that a Community Service Plaque had been prepared for Marie "Teeter" Romero to
acknowledge her service to the community through her involvement with the
Capistrano Indian Council and the docent program at the Mission.
Mrs. Romero was present to receive the plaque from Mayor Friess.
2 PROCLAMATION OF ENGINEERS' WEEK -
FEBRUARY 20 - 27z 1987 4610.40)
Written Communications:
Report dated February 17, 1987, from the Director of Public Works, forwarding the
Proclamation.
Mayor Friess read the Proclamation in full and with the consensus of Council
proclaimed the week of February 20 - 27, 1987, as Engineers' Week in the City. Ted
Simon, City Engineer, was present to receive the Proclamation.
CONSENT CALENDAR
It was moved by Councilman Schwartze, 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 28, 1987, Warrant Nos. 1,924-2,088, in the total
amount of $1,051,134.97, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of January 31, 1987, in the total
amount of $11,914,506.95, 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 January 31, 1987,
in the total amount of $535.04, was approved as submitted.
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4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS 10-69
The Report dated February 17, 1987, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of January 27, 1987,
was ordered received and filed.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated February 17, 1987, from the Secretary of the Equestrian
Commission, regarding actions taken at the meetings of February 2 and 9, 1987, was
ordered received and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS
The Report dated February 17, 1987, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of February 10, 1987, was
ordered received and filed.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated February 17, 1987, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of January 14
and 28, 1987, was ordered received and filed.
8. COMPLETION OF ASPHALT CONCRETE OVERLAY OF SAN JUAN
CREEK ROAD (600.30)
As set forth in the report dated February 17, 1987, from the Director of Public
Works, the asphalt concrete overlay of San Juan Creek Road was completed.
Acceptance of Work:
The following Resolution was adopted:
-1. COMPLETION
IR
\l1VUVJ1 AlAL AJCIIALI� - A PL.JVLV11V 1\ V1 ILL" l/ll l
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
THE ASPHALT CONCRETE OVERLAY OF SAN JUAN CREEK
ROAD (INDUSTRIAL ASPHALT)
The Resolution accepted the work as complete in the amount of $81,639.89, and
directed the City Clerk to forward a Notice of Completion to the County
Recorder.
Payment status was as follows:
Total Project Cost
Less 10% Retention
Less Previous Payment
Amount Due
$81,639 89
8,163.99
73,475.90
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10.
11.
Staff was authorized to release the 10% retention 35 days after recording the Notice
of Completion.
AL OF PLANS AND SPECIFICATIONS - CITY
As set forth in the report dated February 17, 1987, from the Director of Public
Works, the plans and specifications for the paving of the City Hall parking area were
approved, including the waiver of Municipal Code Section 9-3.602 to allow the use of
white hairpin design parking spaces. Staff was authorized to solicit bids for the
project. The Engineer's Estimate for the project was $30,000; $20,000 was budgeted
in Account No. 12-6900-4701-111. Upon award of the contract, a transfer of funds
will be requested.
As set forth in the report dated February 17,1987, from the Director of Public
Works, Final Map 86-108 was approved with the finding that the Final Map was
technically correct and in conformance with the provisions of the Subdivision Map
Act. The City Engineer and City Clerk were authorized to execute the Final Map
for recordation. The Improvement Agreement for Final Map 86-108 was approved
and the Mayor and City Clerk were authorized to execute the Agreement on behalf
of the City for forwarding to the Orange County Recorder's Office.
As set forth in the report dated February 17, 1987, from the Director of Community
Planning and Development, the following Resolution was adopted:
NO.
MENT OF
JUAN CAPISTRANO, CALIFORNIA, APPROVING ASSIGNMENT
OF DEVELOPMENT AGREEMENT FROM CAPISTRANO
GROUP, INC., TO SHERATON INTERCONTINENTAL
DEVELOPMENT, INC. (TENTATIVE TRACT 11753)
Councilman Hausdorfer stated that the background of the companies receiving the
assignment of rights should be checked to provide assurance of their capabilities.
PUBLIC HEARINGS
1. REQUEST TO CONSOLIDATE LOTS LOCATED AT 27351 AND 26371 SILVER
Proposal:
Consolidation of Lots 50 and 51 of Tract 6381 into one lot. The project is located in
the ES (Small Estate) District.
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Applicant:
John Lloyd, 31732 Rancho Viejo Road, Suite F, San Juan Capistrano, 92675.
Written Communications:
Report dated February 17, 1987, from the Director of Community Planning and
Development, forwarding a recommendation of approval.
Continuation of Public Hearing:
At the request of staff, this item was continued to the meeting of March 3, 1987, to
resolve problems regarding notification.
RECESS AND RECONVENE
Council recessed at 7:11 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:13 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
MID -YEAR BUDGET REVIEW (330.20)
Written Communications:
Report dated February 17, 1987, from the Assistant City Manager and the Director
of Administrative Services, forwarding an overview of the revenues, expenditures,
and capital improvements for the first six months of the 1986-87 fiscal year. The
report advised that in areas where departments anticipated shortfalls, monies were
generally transferred from individual inflation allowance accounts to provide funds
to accomplish programs and service levels set by Council.
With the concurrence of Council, Mayor Friess ordered the report received and
filed. The Director of Administrative Services was authorized to transfer funds to
the appropriate accounts.
2. CITY POSITION ON PROPOSED LAGUNA NIGUEL INCORPORATION
Dnl lune DTCC Icen LA\
Written Communications:
Report dated February 17, 1987, from the Assistant City Manager, forwarding a
staff analysis of the proposed incorporation of the Laguna Niguel community, which
is scheduled for LAFCO consideration on March 4th. The report recommended
support of the petition with a request to LAFCO to exclude most of the territory
within the City's sphere of influence so that the City can pursue annexation of that
territory. The territory suggested for exclusion from the Laguna Niguel community
included the Dana Mesa area, Bear Brand Ranch Tract 9880, the remaining Bear
Brand Ranch area up to and including the major ridgeline, the Colinas de Capistrano
open space area up to and including the major ridgeline, and Rancho Capistrano.
Exhibits were on display and the Assistant City Manager made an oral presentation,
citing the reasoning behind the suggested annexation. Councilman Schwartze cited
the need for City representation at the March 4th LAFCO meeting and Mayor Friess
stated he would attend.
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Authorization for Letter to LAFCO:
It was moved by Councilman Buchheim, seconded by Councilman Bland and
unanimously carried to authorize the Mayor to sign a letter to the Local Agency
Formation Commission setting forth the City's position on the proposed Laguna
Niguel incorporation; and, to direct staff to prepare a resolution of application to
annex the area recommended for exclusion from the Laguna Niguel incorporation.
CITY CLERK
1. AMENDMENT TO LOCAL CONFLICT OF INTEREST CODE -
Written Communications:
Report dated February 17, 1987, from the City Clerk, forwarding an amendment to
the Local Conflict of Interest Code to reflect employee title changes and new
positions recently authorized.
Approval of Appendix "A"
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve Appendix "A," as amended, for inclusion in the Local
Conflict of Interest Code.
CITY ATTORNEY
Written Communications:
Report dated February 17, 1987, from the City Attorney, forwarding a resolution
setting forth findings in support of the Council's January 20, 1987, decision regarding
the Capistrano Terrace rent petition.
Findings and Determinations:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the
following Resolution be adopted:
RGJVLV IIVIY IYV. O/ -L -1/-J l Vll\VJ .'L .LL
TERRACE MOBILE HOME PARK RENT PETITION - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, RENDERING FINDINGS
AND A DETERMINATION REGARDING CAPISTRANO
TERRACE MOBILE HOME PARK RENT REVIEW PETITION
The motion carried by the following vote:
* AYES: Councilmen Schwartze, Buchheim
and Mayor Friess
NOES: Councilmen Bland and Hausdorfer
ABSENT: None
*Corrected to reflect negative vote per Council direction of 3/3/87
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DIRECTOR OF ADMINISTRATIVE SERVICES
1. AMENDMENT TO TITLE 3, CHAPTER 1 OF THE MUNICIPAL CODE -
Written Communications:
Report dated February 17, 1987, from the Director of Administrative Services,
recommending changes in the business license regulations and, establishment of a
business license processing fee of $40 for new business license applications and $10
for renewals. The report noted that the City's business license tax was well below
that of other cities; however, due to the passage of Proposition 62, the City was
unable to increase the tax without voter approval. The report further advised that
the Chamber of commerce had reviewed and supported the proposed increase. The
proposed amendment would also address the issues of two separate businesses at one
location, penalty provisions, duplicate license fee, and pro -rated taxes for businesses
with limited City activity. It was estimated that the new fee will generate $35,000
per year in revenue.
Amendment to Business License General Provisions:
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 Buchheim that the following Ordinance be
introduced:
CALIFORNIA, AMENDING VARIOUS PROVISIONS OF
CHAPTER 1, "BUSINESS LICENSES," OF TITLE 3, "FINANCE,"
OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
Approval of Business License Processing Fee:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
RESOLUTION NO. 87-2-17-4 BUSINESS LICENSE PROCESSING
FEES - COST FINDINGS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A COST -FINDING FOR SETTING
OF BUSINESS LICENSE PROCESSING FEES
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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. AMENDMENT TO
Written Communications:
Report dated February 17, 1987, from the Director of Public Works, advising that
the City's application to Caltrans for use of Federal Funds to install raised
reflective markers on various streets had been approved and federal funds
authorized. The report forwarded an agreement with the State for use of the
funds. The agreement provided that the Federal funds will cover $16,517, or 86% of
the project costs. The remaining amount of $2,525, or 14%, will be provided by local
funds which are budgeted in the striping/ marking maintenance account.
Approval of Agreement for City -Wide Raised Pavement Marking Project:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING PROGRAM SUPPLEMENT NO. 2 TO
LOCAL AGENCY - STATE AGREEMENT NO. 07-5372 FOR THE
CITY-WIDE RAISED PAVEMENT MARKING PROJECT
(CALTRANS)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The Resolution approved the Agreement with the State for the project; the City
Clerk was directed to forward a certified copy of the Resolution and the Agreement
to Caltrans.
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3.
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Written Communications:
Report dated February 17, 1987, from the Director of Public Works, forwarding
results of proposals submitted for the design plans, specifications, and construction
staking of the west side of Del Obispo Street from north of Westborne Drive to
Camino del Avion. Construction was scheduled for Fiscal Year 1987-88. Funds are
budgeted in Capital Improvement Account No. 12-6900-4710-114. It was estimated
that costs for the services would not exceed $44,862.
Approval of A reement:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the Consulting Services Agreement with IWA
Engineers, of Fountain Valley, for widening of the west side of Del Obispo Street.
Written Communications:
Report dated February 17, 1987, from the Director of Public Works, requesting
approval of specifications and a call for bids for one mid-size pickup truck, two one -
ton flatbed trucks, as replacement vehicles, and one additional sedan to
accommodate the increasing demand by staff for City -identified mobility in the
field. Funds were budgeted in Engineering and Maintenance Division Capital
Accounts 01-6313-4420-420 and 01-6313-4440.
Approval of Specifications/Call for Bids:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the specifications for one mid-size pickup truck, two
one -ton flatbed trucks, and one sedan, and to authorize a call for bids.
ORDINANCES
MENT TO TITLE 3 OF THE
AL CODE - SALES
Written Communications:
Report dated February 17,1987, from the City Clerk, advising that the Ordinance
was introduced at the meeting of February 3, 1987, 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 Buchheim that the following Ordinance be
adopted:
BE
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ORDINANCE NO.
UJG 11AA - API VAU111nLNl" V1 111E X11 1 V1 Ol Ll J Ll
CAPISTRANO, CALIFORNIA, AMENDING TITLE 3, CHAPTER
3, OF THE MUNICIPAL CODE TO ADD SECTION 3-3.417
PROVIDING FOR A CREDIT AGAINST THE PAYMENT OF
TAXES IN THE AMOUNT OF SALES OR USE TAXES DUE TO _
THE REDEVELOPMENT AGENCY OF THE CITY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
COUNCIL REMARKS
1. VIA ESTELITA WORKSHOP (820.20)
Councilman Hausdorfer noted receipt of a memorandum dated February 19, 1987,
from the Director of Public Works, regarding the Via Estelita Workshop conducted
by staff, and requested that the matter be placed on the Agenda for Council review
and decision.
2. STREET LIGHTS (VIA DE LINDA) (820.65)
Councilman Bland noted two street light outages on Via de Linda.
3. SLOPE WATERING (DEL OBISPO STREET) (450.70)
Councilman Bland cited excessive irrigation of the slope along Del Obispo Street
between Aguacate and Calle Aspero and the subsequent run-off onto the Aguacate
curve. He suggested that the Homeowner Association be contacted to correct the
situation.
4. CITY HALL EXTERIOR LIGHTING (200.20)
Councilman Bland noted the malfunctioning of an exterior light on the City Hall
building fronting the parking lot.
5. CITY COUNCIL CHAMBER REMODEL (200.30)
Mayor Friess noted that the remodel of the Council Chamber would begin on
February 18th and the next Council meeting would be conducted in the San Juan Hot
Springs Dance Hall.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:34
p.m., to the next regular meeting date of Tuesday, March 3, 1987, at 7:00 p.m., in the
San Juan Hot Springs Dance Hall.
ATTEST:
KENNETH E. FRIESS, MAY R
Respectfully submitted,
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