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85-1001_CC_Minutes_Regular Meeting171 OCTOBER 1, 1985 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 Schwartze at 7:00 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenk, Community Presbyterian Church. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman ABSENT: Gary L. Hausdorfer, Mayor pro tem 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 Baker, Director of Community Services; Cheryl Johnson, Recording Secretary. MINUTES Regular Meeting of September 17, 1985: It was moved by Councilman Bland, seconded by Councilman Friess, that the Minutes of the Regular Meeting of September 17, 1985, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Bland, that all ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer -1- 10/1/85 1"72 PRESENTATIONS AND COMMENDATIONS COMMENDATION - ORANGE COUNTY SPECIAL OLYMPICS (114.1) Written Communications: Report dated October 1, 1985, from the City Clerk, forwarding a Commendation, as requested by the Orange County Special Olympics, for support of their endeavors. Presentation of Commendation: Mayor Schwartze read the Commendation in full and with the concurrence of Council commended the Orange County Special Olympics. Kay Herzog was present to receive the Commendation. 2. PROCLAMATION - UNITED WAY MONTH OCTOBER, 1985 (114.2) Written Communications: Report dated October 1, 1985, from the City Clerk, forwarding a Proclamation as requested by the United Way of Orange County. The report advised that the United Way Drive at City Hall will begin with a meeting on October 24th. Presentation of Proclamation: Mayor Schwartze read the Proclamation in full and with the concurrence of Council, proclaimed the month of October, 1985, as United Way Month. Carl Cron, a Loaned Executive with United Way of Orange County, was present to receive the Proclamation. CONSENT CALENDAR It was moved by Councilman Buchheim, seconded by Councilman Bland, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer 1. APPROVAL OF WARRANTS (202.2) The List of Demands dated October 1, 1985, Warrant Register No. 86-041, in the total amount of $532,104.86, was approved as submitted. -2- 10/1/85 1 '7� 2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20) The City Treasurer's Report of Fund Cash Balances as of July 31, 1985, in the total amount of $31,885.02, was approved as submitted. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4) The Report dated October 1, 1985, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of September 16, 1985, was ordered received and filed. 4. COMPLETION OF PUBLIC IMPROVEMENTS AND RELEASE OF SURETY ARCHITECTURAL CONTROL 83-9 (VERMEULEN/CHRISTIAN'S FARMER'S As set forth in the report dated October 1, 1985, from the Director of Public Works, the public improvements were completed in conjunction with development of the Christian's Farmer's Market on Del Obispo Street. The following Resolution was adopted: 1MI,Auyr Ml�Nl'J - HKl.tl l'1'1!il:'1'U 1<fiL I:UN'1'1(UL i5.5-7 (VERMEULEN/CHRISTIAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - ARCHITECTURAL CONTROL 83-9 (VERMEULEN/CHRISTIAN) The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was directed to extend the following surety held by Home Savings for a one-year period ending October 1, 1986: Surety No. Amount Purpose 019-088870-1 $100,000 Faithful Performance Staff was authorized to release the bond upon completion of the one-year maintenance period. Staff was directed to release the following sureties held by Home Savings upon expiration of 35 days from the filing of the Notice of Completion: 019-087416-4 $100,000 Labor and Material 019-087417-2 $100,000 Faithful Performance/ Labor and Material -3- 10/1/85 r 174 5. COMPLETION OF CITY YARD DRAINAGE TO SAN JUAN CREEK (CAPPELLO j CONSTRUCTION) (C906.30) As set forth in the report dated October 1, 1985, from the Director of Public Works, construction of the City Yard II Drainage to San Juan Creek was completed. The following Resolution was adopted: RESOLUTION NO. 85-10-1-2, COMPLETION OF DRAINAGE OUTLET TO SAN JUAN CREEK FOR SAN JUAN CAPISTRANO CITY YARD (CAPPELLO) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE DRAINAGE OUTLET TO SAN JUAN CREEK FOR THE SAN JUAN CAPISTRANO CITY YARD (CAPPELLO CONSTRUCTION, INC.) The Resolution accepted the work as complete in the amount of $14,240 and directed the City Clerk to forward a Notice of Completion to the Orange County Recorder. Payment status was as follows: Total Project Cost $14,240 Less 108 Retention 1,242 Amount Due 12,816 Staff was authorized to make payment as indicated and to release the 108 retention 35 days after recordation of the Notice of Completion. 6. EASEMENT DEED FOR INGRESS AND EGRESS, OSO ROAD CONDITIONAL USE PERMIT 85-1 (HANSON SYCAMORE TRAILS STABLES) (407.1/322.5) As set forth in the report dated October 1, 1985, from the Director of Public Works, the easement deed for ingress and egress over Sycamore Trails Stables property to provide emergency access to an adjacent parcel, Conditional Use Permit 85-1, was accepted. The City Clerk was directed to forward the deed to the Orange County Recorder. 7. QUITCLAIM OF UNCONSTRUCTED As set forth in the report dated October 1, 1985, from the Director of Public Works, the quitclaim deeds were accepted for easements over Lots 43, 44, and 47 of Tract 6305, in conjunction with a storm drain which was not constructed. The City Clerk was directed to forward the deeds to the Orange County Recorder. -4- 10/1/85 1,75 8. RATIFICATION OF APPLICATION FOR URBAN MASS TRANSPORTATION ADMINISTRATION (UMTA) SECTION 9 GRANT FUNDS - RAILROAD REALIGNMENT SOUTH OF SAN JUAN CREEK (209.1/809.1/406.626) The Urban Mass Transportation Act Section 9 Grant Application, submitted September 25, 1985, to the Orange County Transportation Commission, to provide an additional $1.8 million for the railroad relocation south of San Juan Creek, was ratified. As set forth in the report dated October 1, 1985, from the Assistant to the City Manager, Caltrans budgeted $900,000 for the project; no City funds were committed. 9. CLAIM AGAINST THE CITY (BURTON) (402.127) As set forth in the report dated October 1, 1985, from the City Attorney, the Claim, in the amount of $10,000, received on September 23, 1985, from Attorney Randall J. Burton on behalf of Michael J. Burton, for damages arising from an altercation with a County Deputy Sheriff, was denied. The matter will be forwarded to the County, pursuant to the City contract with the County. LANDSCAPE AND IRRIGATION EASEMENTS - LANDSCAPE MAINTENANCE DISTRICT NO. 1 (CAPISTRANO ROYALE - TRACTS 10103, 11093, 11094 Pursuant to a Supplement Agenda Item dated October 1, 1985, from the Director of Public Works, this item was removed from consideration and will be rescheduled at a later date. PUBLIC HEARINGS 1. REZONE 85-6 AND TENTATIVE PARCEL MAP 85 Proposal: Consideration of a proposed rezone of 6.402 acres from AG (General Agricultural) to IP (Public and Institutional), and a tentative parcel map to subdivide the property into two lots consisting of 3.350 acres and 3.052 acres. The property is located at the terminus of Via de Oliva. Surrounding uses include residential to the north, religious uses to the west, agricultural uses to the south and a mobilehome park to the east. It was anticipated that the two lots would ultimately be used by the two existing religious organizations located to the west of the property. Applicant: Church of Jesus Christ of Latter Day Saints, 61 East North Temple, Salt Lake City, Utah, 84150. -5- 10/1/85 1'76 Written Communications: Report dated October 1, 1985, from the Director of Community Planning and Development, forwarding background information and the Planning Commission recommendation of approval. Exhibits were on display and Susan Tebo, Associate Planner, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and the following person responded: (1) Joseph Wollett, 58 Plaza Square, Orange, 92666, architect representing the applicant, spoke in support of the project. There being no further response, Mayor Schwartze closed the Hearing with the right to re -open at any time. Approval of Tentative Parcel Map: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted: MHY t57-GDD jumuk(un UrJrbub UH.K15'1' Ur' LH'1"1'r:lC Lial SAINTS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 85-255 (CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer Approval of Rezone 85-6: 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 Bland, that the following Ordinance be introduced: REZONE 85- CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR"S PARCEL NO. 121-182-23 FROM AG (GENERAL AGRICULTURAL) TO IP (PUBLIC AND INSTITUTIONAL) -6- 10/1/85 The motion carried by the following vote: AYES: NOES: ABSENT: ORDINANCES 1. AMENDMENT TO TI Councilmen Friess, Bland, Buchheim, and Mayor Schwartze None Councilman Hausdorfer MUNICIPAL CODE - 17 Written Communications: Report dated October 1, 1985, from the City Clerk, advising that the Ordinance was introduced at the meeting of September 17, 1985, 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 Bland, seconded by Councilman Buchheim, that the following Ordinance be adopted: ORDINANCE NO. 553, AMENDMENT TO TITLE 3 OF THE MTTMTCTPAT. CnnE - TRANSIENT OCCUPANCY TAX INCREASE - AN V1CL 11V lilvVrr yr lnr. Lila yr .�a�iua.l sai..mar iuiivai.v, CALIFORNIA, AMENDING SECTION 3-3.603 ENTITLED "LEVY AND COLLECTION OF TAXES," OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE, RELATING TO AN INCREASE IN TRANSIENT OCCUPANCY TAX FROM SIX PERCENT TO EIGHT PERCENT The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer 2. AMENDMENT TO TITLE 1 OF THE MUNICIPAL CODE - Written Communications: Report dated October 1, 1985, from the City Clerk, advising that the Ordinance was introduced at the meeting of September 17, 1985, and was scheduled for adoption. -7- 10/1/85 1'78 3. 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 Bland, that the following Ordinance be adopted: MUN-LulrAL LUDE - KLLA'1INU 1'U V1VLA'1'1UN5 Vr' Tnri MUNICIPAL CODE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 1-2.01 AND 1-2.03 OF TITLE 1, CHAPTER 2, VIOLATIONS OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer Written Communication: Report dated October 1, 1985, from the Director of Administrative Services, advising that the broker for Laguna Silver Cab Company had requested a waiver of the excess liability insurance requirement, and noting that the Municipal Code currently required taxicab companies to carry a minimum insurance of $100,000 (one person), $500,000 (two or more persons), $100,000 property, plus $1,000,000 excess liability. The report advised that private taxicab companies were experiencing liability insurance difficulties; at present only one company will write liability insurance in California, with a $350,000 maximum. 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 Bland, that the following Ordinance be adopted: ORDINANCE NO. AL UUVE - 11V5UKANUZ KZWUlKr:Mr:N ES (URGENCY) - AN ORDINANCE OF JUAN CAPISTRANO, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 4-5.11(b) OF TITLE 4 "PUBLIC SAFETY" RELATING TO THE INSURANCE REQUIREMENTS FOR TAXICAB COMPANIES (URGENCY) -8- 10/1/85 1.79 The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer The Ordinance reduced excess liability insurance requirements from $1,000,000 to $350,000 and took effect immediately. OIX - EXTERIOR LIG HILLSIDE Written Communications: Memorandum dated September 30, 1985, from the Director of Community Planning and Development, advising that requests for extensive exterior lighting of a decorative nature had been received for residences in the Peppertree Bend area. The report noted that the situation created by the lighting would be contrary to policies of the General Plan Policy Plan; that the current Municipal Code restrictions were vague. The Director of Community Planning and Development made an oral report, recommending that in order to develop better controls on exterior lighting an urgency ordinance be adopted to allow time for preparation of a planning study to develop specific recommendations. Prohibition of Decorative Lighting for Interim Period: 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 Buchheim that the following Ordinance be adopted: PROHIBITING USE OF DECORATIVE LIGHTING 1N RE61DENTIAL uls'rx1cT luxi,zM-11 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING THE USE OF PERMANENT DECORATIVE LIGHTING IN ALL RESIDENTIAL DISTRICTS PENDING THE INITIATION AND COMPLETION OF A ZONING STUDY PURSUANT TO GOVERNMENT CODE SECTION 65858 (URGENCY) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer -9- 10/1/85 r The Ordinance took effect immediately, and is effective for a 45 -day period ending November 15, 1985. The Ordinance prohibited the installation of permanent decorative exterior lighting during the term of the Ordinance; subject to approval by the City Manager, the Director of Community Planning and Development may approve lighting necessary for public health, safety, and welfare. BIDS, CONTRACTS, AGREEMENTS 1. AMENDMENT TO AGREEMENT - PROGRAM SUPPLEMENT NO Written Communications: Report dated October 1, 1985, from the Director of Public Works, forwarding a Resolution approving Program Supplement No. 1, which revised the previously approved funding estimate to include an estimate for Construction Engineering and Construction Costs. The Federal Aid Urban program will fund an estimated $2,612,206 of the project cost, with local matching funds estimated at $417,494. The total project cost was estimated at $3,029,700. Approval of Amended Agreement: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted: KtSUVLV'11V1V 1VV. 87-1V-1-4, Kbl;VAaTKw_1"1V" Vr- 'Tn t-Im11VV CAPISTRANO BRIDGE AT SAN JUAN CREEK - APPROVING PROGRAM SUPPLEMENT NO. 1 REVISION (CALTRANS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT NO. 1 REVISION TO LOCAL AGENCY -STATE AGREEMENT NO. 07-5372 FOR THE RECONSTRUCTION OF THE CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK (CALTRANS) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Hausdorfer The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. The City Clerk was directed to forward a certified copy of the Resolution to Caltrans, along with Program Supplement No. 1 Revision to the Local Agency -State Agreement No. 07-5372. -10- 10/1/85 X81 RECESS AND RECONVENE Council recessed at 7:22 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:26 p.m. ADMINISTRATIVE ITEMS CITY MANAGER Written Communications: Report dated October 1, 1985, from the Director of Community Planning and Development, forwarding an agreement with the County of Orange for mitigation of potential fiscal impacts to the County arising from new development within the expanded Redevelopment Project boundaries. The agreement provides for the following: (1) The percentage of tax increment to be allocated for each County taxing agency. The total percentage to be passed to the County amounts to 17.1 percent of the total tax increment to be generated by the project area. (2) Agency termination of tax allocation to the County Fire Protection Fund in the event the City decides to terminate its fire protection contract with the County. (3) Agency reduction of tax increment to fire protection fund in the event funds are not used by the taxing entity. (4) A process regarding timing of payments and protection of funds to be allocated to the taxing agencies. Essentially, the payments are to be made approximately 60 days from receipt of funds from the County Auditor Controller. In addition, the funds are designated as "an indebtedness" and cannot be subordinated to any pledge or obligation by the Agency. (5) Determines that the City does not create a negative financial impact to the taxing entities; thus, holds the City to have no financial obligation to the County. (6) Consents and approves of the current amendment to the Redevelopment Plan. Approval of Agreement: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to approve the proposed -11- 10/1/85 182 tax increment agreement between the County of Orange, the Orange County Flood Control District, the Orange County Harbors, Beaches and Parks District, the San Juan Capistrano Redevelopment Agency, and the City. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 2. AGREEMENT FOR CONSULTANT SERVICES Written Communications: Report dated October 1, 1985, from the City Manager, recommending the selection of Special Events Marketing as a consultant to organize and coordinate an expanded San Juan Capistrano Heritage Festival for 1986, in honor of the City's upcoming 25th anniversary and in a continuing effort to enhance and upgrade the City's yearly festival. The Festival would begin with the Fiesta de las Golondrinas and continue to April to include the City's anniversary. New activities would be added to the expanded period to involve other segments of the community. Funds were budgeted in Account No. 01-4110-282. Approval of Selection of Consultant: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried to approve the selection of Special Events Marketing as consultant for the San Juan Capistrano Heritage Festival; to authorize staff to prepare an agreement for services in an amount not to exceed $2,000 per month for a period of six months, through March, 1986; and, to authorize the City Manager to execute the agreement on behalf of the City. DIRECTOR OF PUBLIC WORKS 1. REQUEST TO QUITCLAIM A PORTION OF DEL OBISPO STREET Written Communications: Report dated October 1, 1985, from the Director of Public Works, forwarding a letter from John C. Collins, 25801 Paseo de la Paz, requesting that a portion of the existing Del Obispo Street right-of-way adjacent to his property be _ quitclaimed. The report set forth concerns regarding a future off-road bicycle/pedestrian way, and advised that a portion of the property was within the extension of the private street of Paseo de la Paz and should ultimately become part of the existing private street easement should the property be relinquished. -12- 10/1/85 183 Authorization to Negotiate Sale: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to authorize the City Manager to negotiate the sale of the City right-of-way. OMMISSIONS. BOARDS. COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS (140.4 The Report dated October 1, 1985, from the Director of Community Planning and Development, regarding actions taken by the Planning Commission at their meeting of September 24, 1985, was ordered received and filed. COUNCIL REMARKS 1. TRASH AT SAN JUAN CREEK ROAD AND I-5 FREEWAY (60 Councilman Friess was advised that the load of paper towels dumped under the freeway at San Juan Creek Road had been removed from City right-of-way and Caltrans should remove the towels from the freeway right-of-way. 2. AUTOS PARKED FOR SALE (309.4) Councilman Friess noted that cars for sale were being parked on City property by Village San Juan where signs had been removed; and, across from the club house at the golf course. He suggested that the situation be addressed. 3. FOOTHILL CORRIDOR ALIGNMENT AT SAN JUAN CREEK ROAD (801.7) Councilman Friess advised that a weekly status report had noted a proposed alignment of the Foothill Corridor curving through the middle of the City and connecting with the I-5 freeway at San Juan Creek Road. The Director of Community Planning and Development will provide further information. 4. COOK PARK PLAYING FIELD (703.5) Councilman Bland noted a memorandum from the Director of Public Works regarding the condition of the Cook Park playing fields and requested further information. 5. RESIDENTIAL FOR SALE SIGNS (418.3/910.1) Councilman Bland advised he had noted 68 signs along Del Obispo advertising one house and a proliferation of For Sale signs. Staff was requested to review measures to control the problem. -13- 10/1/85 1 84 CLOSED SESSION Council recessed to a Closed Session at 7:37 p.m., for discussion of personnel and legal matters, the City Clerk being excused therefrom, and reconvened at 8:27 p.m. COUNCIL ACTIONS ACCEPTANCE OF RESIGNATION (PLANNING COMMISSIONER MOORE) (140.2) ^\ It was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried to accept the resignation submitted by Planning Commissioner Ed Moore; to declare the office vacant; and, to direct that the appropriate notices be prepared. There being no further business before the Council, the meeting was adjourned at 8:28 p.m., to the next regular meeting date of Tuesday, October 15, 1985, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, / %A 0 — ai►l/✓id -14- 10/1/85