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87-0505_CC_Minutes_Regular Meeting279 MAY 5, 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 Bland at 7:00 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: Anthony L. Bland, Mayor Lawrence F. Buchheim, Mayor pro tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, 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 April 21, 1987: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of April 21, 1987, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, and Mayor Bland NOES: None ABSTAIN: Councilman Hausdorfer 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, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None -1- 5/5/87 290 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION DESIGNATING THE MONTH OF MAY, 1987 Written Communications: Report dated May 5, 1987, from the Director of Community Services, forwarding the Proclamation. Approval of Proclamation: Mayor Bland read the Proclamation in full and with the consensus of Council proclaimed the month of May, 1987, as Senior Citizens Month. Bernice Sowden, President of the San Juan Seniors Club, was present to receive the Proclamation. 2. PROCLAMATION DESIGNATING MAY 9 1987 AS "FIRE SERVICE RECOGNITION DAY" 610.40) Written Communications: Report dated May 5, 1987, from the City Clerk, forwarding the Proclamation. Approval of Proclamation: Mayor Bland read the Proclamation in full and with the consensus of Council proclaimed May 9, 1987, as Fire Services Recognition Day. Battalion Chief Ron Blaul was present to receive the Proclamation. 3. PROCLAMATION DESIGNATING THE WEEK OF MAY 11 Written Communications: Report dated May 5, 1987, from the City Clerk, forwarding the Proclamation. Approval of Proclamation: Mayor Bland read the Proclamation in full and with the consensus of Council proclaimed the week of May 11 - 15, 1987, as City Clerk's Week. The Proclamation was presented to Mary Ann Hanover, City Clerk. 4. PROCLAMATION - HISTORIC PRESERV Written Communications: Report dated May 5, 1987, from the Senior Administrative Assistant, forwarding the Proclamation. Approval of Proclamation: Mayor Bland read the Proclamation in full and with the consensus of Council, proclaimed the week of May 11 - 17, 1987, as Historic Preservation Days. Carol Heim, Chairman of the Cultural Arts and Heritage Commission, was present to accept the Proclamation. -2- 5/5/87 5. 281 Written Communications: Report dated May 5, 1987, from the City Clerk, forwarding the Proclamation. The 18th Annual Miss San Juan Capistrano Contest, sponsored by the Chamber of Commerce, will be held on Friday, May 15th at the Capistrano Valley Church. Approval of Proclamation: Mayor Bland read the Proclamation in full and with the consensus of Council, proclaimed the week of May 11 - 15, 1987, as "Miss San Juan Capistrano Week." Chris Ake, Chamber Manager, was present to receive the Proclamation. The contestants were present and introduced themselves. 6. SPONSOR RECOGNITION - HERITAGE FESTIVAL (150.60) 7. Written Communications: Report dated May 5, 1987, from the Director of Community Services, listing the sponsors who contributed funds or products to assist with the 1987 Heritage Festival. Commemorative plaques were prepared to honor the following firms who assisted with donations of $2,500 or more: Birtcher Company Oliver McMillan/Collins Santa Margarita Company/Rancho Mission Viejo Interamerican Builders Corporation Presentation of Plaques: Brandon Birtcher, representing the Birtcher Company, and Jane Casanova, representing the Santa Margarita Company/Rancho Mission Viejo Company and the Interamerican Builders Corporation, were present to receive the plaques. Written Communications: Report dated May 5, 1987, from the Director of Community Services, advising that the Chamber of Commerce defeated the City's softball team at the March 15th game, and was eligible to receive the perpetual trophy. Presentation of Trophy: Mayor Bland presented the perpetual trophy to Brian McInerney, President of the Chamber of Commerce. 8. CAPISTRANO VALLEY SYMPHONY PRESENTATION (900.40) Mayor Bland displayed a "Scroll of Appreciation" presented to the City by the Capistrano Valley Symphony in appreciation for the City's support. -3- 5/5/87 282 ORAL COMMUNICATIONS 1. SISTER CITIES - INVITATION TO MISSION CHOIR FROM PETRA, MALLORCA (140.50/910.60) David Raiche, Director of Music at the Mission San Juan Capistrano, advised that _ their 52 -voice choir had been invited to sing in the San Juan Capistrano Sister City of Petra, Mallorca, Spain, in October, which would hopefully coincide with the beatification of Father Serra. He advised that fund-raising activities have been scheduled and requested Council consider some form of support of their opportunity to represent San Juan Capistrano. Councilman Schwartze invited Mr. Raiche to attend a May 14th luncheon with Dr. Font Obrador, President of the Petra Sister City organization. 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, Friess, Buchheim Hausdorfer, and Mayor Bland NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated April 9, 1987, Warrant Nos. 2,705-2,853, in the total amount of $271,751.76, was approved as submitted. 2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50) The City Treasurer's Report of Cash Fund Balances as of March 31, 1987, in the total amount of $71,490.39, was approved as submitted. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated May 5, 1987, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of April 20, 1987, was ordered received and filed. 4. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated May 5, 1987, from the Secretary of the Planning Commission, regarding actions taken at the meeting of April 28, 1987, was ordered received and filed. -4- 5/5/87 283 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated May 5, 1987, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of April 8, and 22, 1987, was ordered received and filed. 6. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20) The report dated May 5, 1987, from the Director of Public Works, setting forth the status of construction of the Camino Capistrano Bridge, was ordered received and filed. 7. AWARD OF CONTRACT - As set forth in the report dated May 5, 1987, from the Director of Public Works, the contract for the slurry seal of various City streets in the Aguacate area, the Casitas and Casas Capistrano, and San Juan Hills developments, was awarded to the Doug Martin Construction Company, Inc., of La Habra, at $56,394.65. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 8. APPROVAL OF PLANS, SPECIFICATIONS AND CALL FOR BIDS - The Plans and Specifications for modification of the traffic signal at Del Obispo Street and Blue Fin Drive to provide separate left turn phasing, were approved, as set forth in the report dated May 5, 1987, from the Director of Public Works. Construction cost was estimated at $80,000; the County had verbally agreed to reimburse the City for $25,000 of the cost. Funds were budgeted in Account 12-6900-4710-112. Staff was authorized to call for bids. RECESS AND RECONVENE Council recessed at 7:30 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:33 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. AWARD OF CONTRACT FOR EMERGENCY AMBULANCE SERVICES (600.30) This item was continued from the meeting of April 21, 1987. Written Communications: Report dated May 5, 1987, from the Senior Administrative Assistant, requesting additional time to review new information pertaining to the issue. -5- 5/5/87 Continuation of Item: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to continue review of the item to the meeting of May 19, 1987. CITY ATTORNEY 1. CITY OF ORANGE SIGN LITIGATION/RE UEST FOR FINANCIAL ASSISTANCE 410.40 Written Communications: Report dated May 5, 1987, from the City Attorney, citing the circumstances resulting in the City of Orange's request for assistance in defending its sign ordinance, which is under attack by the National Advertising Sign company in the United States District court, Central District of California. The report advised that the outcome of the litigation can have potential impacts throughout the United States, and recommended a contribution of $1,000. Authorization for Contribution: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to contribute $1,000 to the City of Orange in its Federal Court sign litigation. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - APPROVAL OF 12TH YEAR CONTRACTS 480.20 600.50 Written Communications: Report dated May 5, 1987, from the Director of Community Planning and Development, advising that the City had been allocated Housing and Community Development Block Grant funds in the amount of $80,000, for Year 12, Fiscal Year 1986-87. The County Board of Supervisors approved the City's Year 12 funding program as follows: Public Facilities and Improvements: Reconstruction of Los Rios Street $55,000 Rehabilitation of Private Properties (Mobile Homes): Mobile Home Rehabilitation Program for low- and moderate -income residents of the seven mobile home parks in the City $25,000 The report forwarded operating agreements with the County outlining the amount and use of the funds, who may qualify, and compliance with employment and labor regulations, non-discrimination, and other similar provisions. Public Hearings for the 12th Year Applications were held in October and November, 1985. Approval of Contracts: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to approve the 12th Year Housing and Community Development Block Grant Operating Agreements with the County of Orange, Contract Nos. C40317 for Public Facilities and Improvements/Los Rios Street (L12.3) and C40318 10 5/5/87 285 for Rehabilitation of Private Properties (Mobile Homes) (1-12.4). The Mayor and City Clerk were authorized to execute the contracts on behalf of the City. 2. HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - AMENDMENT TO 7TH YEAR CONTRACT 480.20/600.50 Written Communications: Report dated May 5, 1987, from the Director of Community Planning and Development, advising that of the $175,000 Housing and Community Development Block Grant funds awarded to the City in Fiscal Year 1981-82 for public improvements in the Los Rios area, $14,961.87 remained. The report forwarded a contract amending the 7th Year contract to reallocate the remaining funds to housing rehabilitation in the Los Rios area. Approval of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Second Amendment to Contract with the County of Orange, Contract Nos. C26636, for Real Property Acquisition, Public Improvements, and Housing Rehabilitation, Los Rios Area (G12.3). The Mayor and City Clerk were authorized to execute the contract on behalf of the City. DIRECTOR OF PUBLIC WORKS 1. QUARTERLY CAPITAL IMPROVE Written Communications: Report dated May 5, 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 third quarter. With the consensus of Council, Mayor Bland ordered the report received and filed. 2. APPROVAL OF 1987-88 SERRA BUDGETS (330.50) Written Communications: Report dated May 5, 1987, from the Director of Public Works, advising that the SERRA budgets were adopted by the SERRA Board of Directors at their April meeting, contingent upon approval of the individual member agencies. Monies for the budgets are financed through the City's Sewer Enterprise Fund (17) and assessed to the appropriate line item accounts. The total 1987-88 SERRA Budgets were as follows: General Fund $ 66,900 Project Committee 2 $3,295,400 Project Committee 2-R $ 37,300 Project Committee 5 $ 233,450 Total $3,633,050 -7- 5/5/87 Approval of SERRA Budgets: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the 1987-88 SERRA Budgets and the City's participating share as follows: General Fund $ 11,825 Project Committee 2 $810,606 Project Committee 2-R $ 7,173 Project Committee 5 $ 38,400 Total $868,004 Staff was authorized to make the appropriate line item assessments in the Sewer Enterprise Fund. ORDINANCES iMOKING IN PC Written Communications: Report dated May 5, 1987, from the City Clerk, advising that the Ordinance was introduced at the meeting of April 21, 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: TO TITLE 5 -amvM1lIN" LIN rUDL1l rLnI - AIV V.lua. 1. l . v. CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 20, "SMOKING IN PUBLIC PLACES," TO TITLE 5, "PUBLIC WELFARE," OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, and Mayor Bland NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: None 5/5/87 COUNCILMANIC ITEMS 1. 2. 2 87 .TER POLICY Written Communications: Report dated May 5, 1987, from the Administrative Assistant, advising that in her capacity as Chairman of the Southern California Water Committee, Supervisor Harriett Wieder had requested that the City take a formal position on the Committee's Water Policy. The policy has four major goals: reliability of supply, preservation of quality, commitment to conservation, and affordability. Meeting of the goals will assist Southern California to meet its future water needs and to continue its economic vitality and quality of living conditions. Adoption of Policy: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. SUPPORTING SOUTHERN l-t%l-lr VRIVlt1 Wt%1GR 1'VLlI.I - n RGJVLU 11VIN Vr 1nG %-Il I COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING SOUTHERN CALIFORNIA WATER POLICY The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None Written Communications: Report dated May 5, 1987, from the Administrative Assistant, advising that Supervisor Harriett Wieder had requested that the City join the County in endorsing and participating in the Tanner planning process for the development and implementation of a comprehensive hazardous waste management system. Endorsement of Tanner Bill: It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the following Resolution be adopted: NT OF ASSEMBLY O1LL 47YO %I l LNINL Mj - A RGJVLU L I�IN V1' L nG V11 l V V V IN li1L OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENDORSING ASSEMBLY BILL 2948 (TANNER) -9- 5/5/87 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None COUNCIL REMARKS 1. TREE TRIMMING (410.90) Councilman Buchheim stated that the tree pruning done on the eucalyptus trees at Camino del Avion and Del Obispo Street was an excellent example of what the tree trimming regulations were meant to achieve, and requested that the contractor be complimented for the work. 2. ORANGE COUNTY PLANNING COORDINATION (110.40) Councilman Hausdorfer requested that Council be kept apprised of the status of the proposed South Orange County Planning Coordination session with the County Planning Commission and City Commission representatives. He stated that Council should appoint the City's representative. 3. CABLE TELEVISION (1000.40) Mayor Bland advised that the City had not received any complaints regarding cable television service during the month of April. CLOSED SESSION Council recessed to a Closed Session at 7:41 p.m., for discussion of legal matters and acquisition of San Diego Gas and Electric property, the City Clerk being excused therefrom, and reconvened at 8:50 p.m. COUNCIL ACTIONS ACQUISITION OF SAN DIEGO GAS AND ELECTRIC PROPERTY (820.65) It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to authorize staff to negotiate with San Diego Gas and Electric for the purchase of street lights and to initiate eminent domain proceedings, if necessary. -10- 5/5/87 289 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:51 p.m., to the next regular meeting date of Tuesday, May 19, 1987, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, MARY ANN7NOVER, CITY CLERK ATTEST: ANTHONY L. AND, MAYOR -11- 5/5/87