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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 -1- 2117187 218 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. -2- 2/17/87 219 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 -0- -3- 2/17/87 220 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. -4- 2/17/87 221 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. -5- 2/17/87 222 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 -6- 2/17/87 223 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 -7- 2/17/87 224 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. -8- 2/17/87 2. 3. 225 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 2/17/87 226 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. -10- 2/17/87 227 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, -11- 2/17/87