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87-0721_CC_Minutes_Regular Meeting365 JULY 21, 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 7:02 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend James Mullins, Capistrano Church of the Nazarene. 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 Adjourned Regular Meeting of June 30, I987: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the Minutes of the Adjourned Regular Meeting of June 30, 1987, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSTAIN: Councilmen Schwartze and Friess ABSENT: None Regular Meeting of July 7, 1987: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the Minutes of the Regular Meeting of July 7, 1987, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSTAIN: Councilman Schwartze ABSENT: None -1- 7/21/87 366 MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, 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 PRESENTATIONS AND COMMENDATIONS 1. RESOLUTION OF COMMENDATION - TRAP Written Communications: Report dated July 21, 1987, from the Senior Administrative Assistant, forwarding the Commendation. Presentation of Commendation: Mayor Bland read the Resolution in full, and it was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: JUAN CAPISTRANO, CALIFORNIA, COMMENDING EDWARD P. NELSON, TRAFFIC AND TRANSPORTATION COMMISSIONER The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None Mr. Nelson was present to accept the commendation. ORAL COMMUNICATIONS 1. WESTSIDE ANNEXATION (620,20) Robert Jacobsen, President, Bear Brand Ranch Community Association, 1 Walking Stick, Laguna Niguel, 92677, advised he was present to answer questions regarding the Board of Directors' position on the proposed annexation. -2- 7/21/87 1. 367 Council received copies of a Memorandum dated July 16, 1987, from the CIty Manager, forwarding letters dated July 15, 1987, from Mary Peer, 32802 Valle Road, and Evelyn Bishoff, President of Villa San Juan Homeowners Association, 33831 Camino Capistrano, advising that the majority of residents of the two mobile home parks had requested that their parks be zoned for adults only. Additional requests were received from Jack C. Heath, President, Capistrano Mobile Estates Resident Association, dated July 16, 1987; Carmen L. Sperry, President, Rancho Alipaz Homeowners Association, dated July 17, 1987; and Vernon F. Braden, Chairman, Board of Directors of San Juan Mobile Estates Residents Association, dated July 13, 1987. The City Manager's memorandum requested deferral of action to allow adequate time for appropriate review of the requests. Marge Madigan, Villa San Juan Mobile Home Park, 33831 Camino Capistrano, Space 54, advised the residents wished their mobile home park to be a "senior" park and cited their need for direction from the City regarding appropriate zoning. It was moved by Councilman Schwartze, seconded by Councilman Buchhelm, and unanimously carried to refer the five letters to the City Attorney for report within 30 days. Councilman Friess advised that when Rancho del Avlon had been designated as a family park, no designation had been applied to the remaining parks in the City, since they had rules identifying them as adult -only parks. He stated that the Council's non -designation of the other mobile home parks could be construed as acceptance that they would remain adult -only parks and requested that the City Attorney review that issue. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, 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 QFyW4R&ANT1L3QQ=3Q) The List of Demands dated July 2, 1987, Warrant Nos. 3,586-3,736, in the total amount of $658,984.10, was approved as submitted. i .4 i i '• C • '� iL_ r r The CIty Treasurer's Report of Investments as of June 30, 1987, in the total amount of $13,264,506.95, was approved as submitted. -3- 7/21/87 3. CITY TREASURER'S REPORT OF 1911 ACT BONDDELINQUENCIES (345.60) The City Treasurer's Report of 1911 Act Bond Delinquencies as of June 30, 1987, in the total amount of $31.38, was approved as submitted. 4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated July 21, 1987, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of July 13, 1987, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION,ACTIONS (440.40) The Report dated July 21, 1987, from the Secretary of the Planning Commission, regarding actions taken at the meeting of July 14, 1987, was ordered received and filed. 6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated July 21, 1987, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of June 10 and June 24, 1987, was ordered received and filed. 7. RESOLUTION CONFIRMING 1 As set forth in the report dated July 21, 1987, from the Director of Administrative Services, the following Resolution was adopted: VK 1 CIaA rKuWaK 1 Iza - n M"av ..v', v. .. COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1987-88 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES The Resolution directed the County Auditor to place the list of assessments on the 1987-88 Secured Tax Roll in the amount of $544,060.30. The City Clerk was directed to forward a copy of the Resolution to the Orange County Auditor. S. RESOLUTION ADOPTING GENERAL OBLIGATION BOND T As set forth in the report dated July 21,1987, from the Director of Administrative Services, the following Resolution was adopted: 87-7-21-3. ADOPTING OBLIGATION BOND TAA KA l t - L I r-t%m 170f -00 - � RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AND IMPOSING AN AD VALOREM GENERAL OBLIGATION BOND TAX RATE FOR THE 1987-88 FISCAL YEAR -4 7/21/87 9. 10. 369 The General Obligation Bond tax rate for fiscal year 1987-88 was established at 0.00625% of the full value of secured property. The City Clerk was directed to publish the Resolution in a local newspaper within fifteen days after adoption, and to forward a copy of the Resolution to the Orange County Auditor -Controller. To coincide with 90 days following expected completion of the Camino Capistrano Bridge, the completion dates for the following contracts were extended to December 31, 1987, as set forth in the report dated July 21, 1987, from the Director of Public Works: South Coast Engineering, Surveying Services; Willdan Associates, Engineering Services; Moore & Tabor and Twining Laboratories, Material Testing Services. The plans and specifications for the asphalt concrete overlay of Ganado Road, Galano Way, and Oro Place were approved, and staff was authorized to receive bids, as set forth in the report dated July 21, 1987, from the Director of Public Works. Funds in the amount of $60,000 were budgeted in Account 12-6900-4710-119; the Engineer's Estimate for the project was $49,000. FOR BIDS - The specifications and contract documents for the conversion of City street lights from Mercury Vapor to High Pressure Sodium Vapor were approved, and staff was authorized to call for bids. As set forth in the report dated July 21, 1987, from the Director of Public Works, the estimated cost for the conversion was $130,200. 12. DENIAL OF CLAIMS (MIGUEL PEREIREA AND DANIEL KANELOS) (170.70) As set forth in the report dated July 21, 1987, from the City Attorney, the following Claims were denied: Claim in the amount of $101,500, received June 18 1987, from Attorney Jeffrey Metzger on behalf of Miguel Pereirea, for injuries and property damage; Claim in the amount of $1,000,000, received June 19, 1987, from Attorney Mark E. Edwards on behalf of Daniel K. Kanelos, for injuries. -5- 7/21/87 This item was removed from the Consent Calendar at the request of Councilman Friess for clarification of a request from Libros y Artes for a loan. The City Manager advised that the loan was for a specific series on the works of interior designer Elsie De Wolfe. Staff had been working with the organization and the item would be scheduled for the August 4, Council Agenda. It was then moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried to approve the one-year agreement with Libros y Artes for cultural arts activities in the City's portion of the Library complex, as set forth in the report dated July 21, 1987, from the Director of Community Services. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. PUBLIC HEARINGS 1. AMENDMENTS TO TITLE 8 Written Communications: Report dated July 21, 1987, from the Director of Community Planning and Development, advising that due to the necessity for further review by staff and outside agencies, the item was not ready for hearing by the Council. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing. Continuation of Public Hearing: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to continue the public hearing for adoption of new editions of the Uniform Building Codes to the meeting of August 4, 1987. RECESS AND RECONVENE Council recessed at 7:16 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:23 p.m. ADMINISTRATIVE ITEMS CITY MANAGER Written Communications: Report dated July 21, 1987, from the City Manager, advising that property owners in the portion of the City's proposed Westside Annexation known as Bear Brand Ranch Tracts 9390 and 9880, had expressed concerns regarding the effects of the proposed annexation on the use of their properties and future home-building plans. As a result -6 7/21/87 3'71 of meetings held to resolve concerns, the report recommended adoption of a formal Council policy statement to address concerns which included such issues as exterior lighting, hillside grading, building color and reflectivity, building height, and architectural control. Dennis Christiansen, a property owner in the Bear Brand Ranch, cited opposition to the proposed annexation. He stated that if current City standards were applied, he would be unable to build his home as currently designed and there would be substantial financial impacts to bring the design into compliance. Mr. Christiansen submitted documents regarding (1) a meeting held with the homeowners association, (2) annexation, and (3) City regulations. Mr. Christiansen was advised of the City's stance regarding ridgeline preservation and that the annexation had been set in motion to preserve and protect those ridgelines. He was further advised of Council's interest in resolving his problems and Mayor Bland offered to meet with Mr. Christiansen and the Director of Community Planning and Development It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the following Resolution be adopted: I W Ca I JIIJG n""I API I1%J41J - t% iCGdVLu 11v1V Vr I I1G 1.11 I COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXPRESSING ITS INTENT TO APPLY CITY REGULATIONS TO AREAS OF BEAR BRAND RANCH PROPOSED FOR ANNEXATION, AND INITIATING CONSIDERATION OF PREZONING FOR THE PROPOSED WESTSIDE ANNEXATION The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSTAIN: Councilman Schwartze ABSENT: None The proposed prezoning was referred to the Planning Commission for public hearing, report, and recommendation. 2. STATUS REPORT AND APPROVAL OF CONTRACT - Written Communications: Report dated July 21, 1987, from the Assistant City Manager, advising that the City and San Diego Gas and Electric had been unable to reach an agreement on the purchase price for the 20 -year-old street lighting system, and condemnation efforts had been authorized by Council on May 5, 1987. The report advised that Attorney 7 7/21/87 3'72 Michael Cowett had been retained to provide legal assistance and the firm of R. W. Beck and Associates had been recommended to provide utility appraisal services. Funds for the appraisal services were budgeted in Account 01-4410-6213. Approval of Contract: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried to approve the contract with R. W. Beck and Associates, of Seattle, Washington, in the amount of $14,000, for appraisal of the San Diego Gas and Electric -owned street lights. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. The City Manager was authorized to execute any necessary documents. DIRECTOR OF ADMINISTRATIVE SERVICES COMPUTER SYSTEM CONTRACTS (600.30) Written Communications: Report dated July 21,1987, from the Director of Administrative Services, advising that NBT had been unable to deliver a workable financial operating system within the time frames of the contract. With the assistance of the consulting firm of Deloitte, Haskins and Sells, formal proposals had been invited for provision of a financial system. The report recommended approval of the proposal submitted by ULTIMATE/MMI, noting that the hardware was compatible with the existing NBI system and the software was compatible with the Capistrano Valley Water District. NBI agreed to pay for all hardware, software, and most ancillary costs to meet the terms of their contract related to the financial portion of the system. NBI agreed to pay the City $124,405; the total settlement with NBI amounted to $191,854, for which the City agreed to release NBI from any damages related to the contract. Costs to purchase and install the ULTIMATE/MMI system were as follows: ULTIMATE Hardware, Tax Installation $92,247 MMI Financial Software 49,000 Cabling 2,687 Total $143,934 Approval of Agreements/Payment for Services: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, and unanimously carried to approve the following: 1. Release and Settlement Agreement with NBI, dated July 14, 1987; 2. Payment to Deloitte, Haskins, and Sells in the amount of $35,763, for services related to the NBI Settlement; _ 3. Agreement with ULTIMATE, Southern California, Inc., dated July 21, 1987, in the amount of $92,247, for installation, maintenance, and support of all components of the System, including all hardware, System software, communications and power source components, training, and support. 4. Agreement with MMI Management Systems, dated July 21, 1987, in the amount of $49,000, to install and implement financial application software. The Mayor and City Clerk were authorized to execute the agreements on behalf of the City. -8- 7/21/87 DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. 2. 3. 3'73 Written Communications: Report dated July 21, 1987, from the Director of Community Planning and Development, recommending that the license agreement with the Moulton -Niguel Water District and the Santa Margarita Water District be amended to provide sewer service to a maximum of 25 housing units to be constructed in the Little Hollywood area of Los Rios. The amendment will allow the Community Redevelopment Agency to construct ten new housing units in the Little Hollywood area. The connection fee of $600 per unit will remain unchanged. Approval of First Amendment to License Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to authorize the City Manager to execute the First Amendment to License of Sewer Connection, Oso-Trabuco Interceptor Sewer/Los Rios with the Moulton -Niguel and Santa Margarita Water Districts. TY TAX Written Communications: Report dated July 21, 1987, from the Director of Community Planning and Development, forwarding an agreement between the County, the City, and the Community Redevelopment Agency to set 1985-86 as the base year assessment roll for the 1986 Added Area of the Redevelopment Plan (Great Western/Price Club property). The base year for the remaining territory in the Project Area will remain the 1984-85 year. The total percentage of tax increment to be passed through to the County for the taxing agencies remained at 17.1%. This agreement constituted the entire agreement between the Agency and the County Taxing entities and superseded prior agreements in connection with the Redevelopment Plan or amendments thereto. The agreement will become effective upon execution by the Board of Supervisors. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, and unanimously carried to approve the tax increment agreement and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City for forwarding to the Orange county Board of Supervisors. N SPACE AGREEMENT (COLINAS DE Written Communications: Report dated July 21, 1987, from the Director of Community Planning and Development, forwarding a quitclaim deed and agreement to transfer the open space easement dedication of the Colinas de Capistrano ridgeline parcels from the County to the City. The property is located to the west of the City between Ortega Highway and Avery Parkway. -9- 7/21/87 3'74 4. The Director of Community Planning and Development advised that this item was part of a long-standing agreement with the developers of Colinas de Capistrano to offer the ridgelines to the County. If the County did not wish to accept the offer, the offer would be transferred to the City. He advised that a financial responsibility would be assumed due to the requirement to maintain the equestrian trail along the ridgeline. Approval of Quitclaim Deed/Agreement: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried to approve acceptance of the quitclaim deed transferring the County's interest in the open space offers of dedication to the City; and, to approve the agreement providing for the transfer of the County's interests to the City. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City for forwarding to the Orange County Board of Supervisors. Written Communications: Report dated July 21, 1987, from the Director of Community Planning and Development, advising that the single existing development in the Farm Market District was experiencing difficulty in leasing small shops next to the Farm Market. The report recommended expanding the amount of area available for non- agricultural retail to allow for such uses as card and stationery stores, hobby supplies, arts and craft supplies, various dry goods, and a variety of small-scale services such as beauty and barber shops, watch repair, and locksmith shops. Presently, the only FM District in the City is approximately four acres in size, located on the east side of Del Obispo Street just north of Marco Forster Junior High School. The Director of Community Planning and Development advised that the proposed amendment was designed to enhance the viability of the retail use. Initiation of Amendment/Rwiew Schedule: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to initiate an amendment to the Municipal Code to expand the list of permitted uses within the FM (Farm Market) District. The following review schedule for the Amendment was adopted: Environmental Review Board August 4, 1987 Planning Commission August 11, 197 City Council September 1, 1987 DIRECTOR OF COMMUNITY SERVICES RESOLUTION REVISING FACILITIES RENTAL FEES (960.20) Written Communications: Report dated July 21, 1987, from the Director of Community Services, forwarding a revised fee schedule for use of Community Services Facilities. It was estimated that $5,000 would be generated as a result of the fee increases. Approval of Revised Fees: It was moved by Councilman Buchheim, seconded by Councilman Friess, that the following Resolution be adopted: -10- 7/21/87 rVIC I.VIy11yIVIVlI l JGR Y 14G0 rnt jLj l lGJ - n tIGJVLV IIVPI Vr THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING RENTAL FEES FOR COMMUNITY SERVICES FACILITIES AND REPEALING RESOLUTIONS NO. 81-9-15-2 AND 84-1-17-5 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None ORDINANCES 1. 3'75 Written Communications: Report dated July 21, 1987, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 7, 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 Hausdorfer, that the following Ordinance be adopted: uLr GLVr WIGIV I/ - nil VRUIIVAIVVG Vr lnG \.11 I Vl" JnIV JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF A PORTION OF PARCEL 3 OF PARCEL MAP 80-856 FROM PR (PRIVATE RECREATION) TO IP (PUBLIC INSTITUTIONAL) (ARC DEVELOPMENT) The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None 2. APPROVING VENDOR REGULATIONS (ADOPTION) (585.10) Written Communications: Report dated July 21, 1987, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 7, 1987, and was scheduled for adoption. -11- 7/21/87 377 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 Buchheim, seconded by Councilman Hausdorfer, that the following Ordinance be adopted: THE CITY OF SAN JUAN CAPSITRANO, CALIFORNIA, ADDING CHAPTER 7 ENTITLED "REGULATION OF VENDORS" TO TITLE 4 ENTITLED "PUBLIC SAFETY" OF THE MUNICIPAL CODE AND REPEALING MUNICIPAL CODE SECTION 4-6.320 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None COUNCILMANIC ITEMS 1. Written Communications: Report dated July 21, 1987, from the Senior Administrative Assistant, forwarding a resignation from Cultural Arts and Heritage Commissioner Richard F. Landy. Acceptance of Resignation: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to accept Mr. Landy's resignation and to declare his position to be vacant as of July 31, 1987. Staff was authorized to post notices of the vacancy and prepare appropriate documents to commend Mr. Landy for his community service. COUNCIL REMARKS APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION (110.20/470.20) Councilman Friess advised that pursuant to a meeting with the Chamber of Commerce, the Board of Directors would recommend one of their members for appointment to the Commission. Appointment to the Commission is to be scheduled for the meeting of August 4, 1987. 2. MISSION CHOIR (910.60) In response to a letter from the Mission Choir, Councilman Buchheim requested preparation of a Resolution supporting the Choir's trip to Spain and Mallorca. -12- 7/21/87 3'7'7 3. FREEWAY RAMP METERING (800.50) Councilman Hausdorfer noted a memorandum dated July 14, 1987, from the Director of Public Works, advising that Caltrans had scheduled turn -on of the freeway ramp meters for September 9th. He cited strong opposition to the meters and requested that staff and the City Attorney research all alternatives. The Council's opinions are to be conveyed to the Traffic and Transportation Commission. 4. APPRECIATION EXTENDED TO MAYOR (610.25) Councilman Hausdorfer extended appreciation to Mayor Bland for his representation of the City during the jail site and annexation issues. CLOSED SESSION Council recessed to a Closed Session at 8:15 p.m., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 9:35 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:35 p.m., to the next regular meeting date of Tuesday, August 4, 1987, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, MARY ANNER, Cl CLERK ATTEST: ANTHONY L LAND, MAYOR -13- 7/21/87