Loading...
86-0617_CC_Minutes_Regular Meeting457 JUNE 17, 1986 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 7:05 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: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman ABSENT: Anthony L. Bland, Councilman Phillip R. Schwartze, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City Manager; 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, Deputy City Clerk/Recording Secretary. MINUTES Regular Meeting of June 3, 1986: Approval of the Minutes of the Regular Meeting of June 3, 1986, was held over due to the absence of Councilmen Bland and Schwartze. Adjourned Regular Meeting of June 10, 1986: It was moved by Councilman Hausdor£er, seconded by Councilman Buchheim, that the Minutes of the Adjourned Regular Meeting of June 10, 1986, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that all Ordinances be read by title only. The motion carried by the following vote: -1- 6/17/86 458 AYES., NOES: Councilmen Buchheim, Hausdorfer and Mayor Friess None ABSENT: Councilmen Schwartze and Bland PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION - HONORARY CITIZEN. RICHARD MARS (114.2) Written Communications: Report dated June 17, 1986, from the Assistant to the City Manager, forwarding a proclamation naming Richard Mars as an honorary citizen in recognition of his years of service to the public. Approval of Proclamation: Mayor Friess read the Proclamation in full. There was a consensus of Council to approve the Proclamation honoring Richard Mars. Mr. Mars was present to receive the Proclamation. 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 Buchheim, Hausdorfer and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland 1. APPROVAL OF WARRANTS (202.2 The List of Demands dated June 4, 1986, Warrant Register No. 86-121, in the total amount of $422,815.73, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1) The City Treasurer's Report of Investments as of May 31, 1986, in the total amount of $8,855,000.00, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of May 31, 1986, was approved as submitted. -2- 6/17/86 4. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4) 4 5 9 The Report dated June 17, 1986, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of June 9, 1986, was ordered received and filed. CULTURAL ARTS AND The Report dated June 17, 1986, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of May 17, 1986, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (140.4) The Report dated June 17, 1986, from the Director of Community Planning and Development, regarding actions taken by the Planning Commission at their meeting of June 10, 1986, was ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (139.4) The Report dated June 17, 1986, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of May 14 and May 28, 1986, was ordered received and filed. 8. COMMUNITY SERVICES QUARTERLY ACTIVITIES REPORTS - FALL, 1985, AND WINTER, 1986 (706.1) The report dated June 17, 1986, from the Director of Community Services, forwarding the Community Services Quarterly Activities Reports for Fall, 1985, and Winter, 1986, was ordered received and filed. 9. AWARD OF CONTRACT - SLURRY SEAL OF CITY STREETS (912.43) As set forth in the report dated June 17, 1986, from the Director of Public Works, the contract for the Slurry Seal of City Streets was awarded to the low responsible bidder, Roy Allen Slurry Seal, Inc., of Laguna Niguel, in the amount of $81,441.60; all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 10. PARCEL MAP 85-204 (VILLA DEL OBISPO/COOK BARN) (316.3/406.650) As set forth in the report dated June 17, 1986, from the Director of Public Works, Parcel Map 85-204 (Villa Del Obispo/Cook Barn) was approved with the determination that said map was consistent with the General Plan of the City and in substantial compliance with the approved Tentative -3- 6/17/86 4 6 O Parcel Map. The City Clerk was authorized to execute the �J Parcel Map and forward the Map to the Orange County Recorder's Office. 11. CLAIM AGAINST THE CITY (CORNWELL AND BOGGS) (402.143/402.144/402.145) As set forth in the report dated June 17, 1986, from the City Attorney, the following claims resulting from an alleged accident occurring on March 3, 1986, at the intersection of Camino Capistrano and Forster Street, wherein Alfred Cornwell was struck by a vehicle driven by Virginia Boggs, were denied: Claim for personal injuries, submitted by Alfred Cornwell, in the amount of $2,175,000; Claim for personal injuries, submitted by Josephine Cornwell, in the amount of $1,000,000; and, Claim for indemnification for any amount of settlement or judgment in the case, submitted by Virginia Boggs. The claims were referred to the City's insurance adjuster, Carl Warren and Company. 12. CLAIM AGAINST THE CITY (MECCIA) (402.146) As set forth in the report dated June 17, 1986, from the City Attorney, the claim filed on June 6, 1986, by Attorney Henry G. Haddad on behalf of Frank Meccia, Jr., in the amount of $500,000, as a result of an accident occurring on April 12, 1986, at the intersection of Del Obispo and Avenida Pedregal, was denied. The claim was referred to the City's insurance adjuster, Carl Warren and Company. PUBLIC HEARINGS 1. Proposal: Extension of an urgency ordinance, adopted on May 6, 1986, establishing a moratorium on subdivision map approvals in the Via Pastoral area of the City during the interim time period pending completion of a zoning study. Applicant: _ This was a City -initiated Public Hearing: Written Communications: Report dated June 17, 1986, from the Director of Community Planning and Development, forwarding the proposed ordinance. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. -4- 6/17/86 Extension of Moratorium: 461 - The 61 - 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: NO. 573. EXTEND F.11 9 Or= 8m M SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 568, ESTABLISHING A MORATORIUM ON SUBDIVISION MAP APPROVALS FOR A CERTAIN DESIGNATED AREA ZONED ES (SMALL ESTATE) (VIA PASTORAL) The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland 2. TENTATIVE PARCEL MAP 86-108 - This Public Hearing was continued from the meeting of May 20, 1986. l: Proposa Consideration of a request to subdivide 3.2516 acres into two parcels located at 31471 Aguacate Road. The property is zoned EL (Large Estate); single-family residences surround the property. One single-family dwelling currently exists on the parcel. Applicant: Mr. and Mrs. Bruce Patterson, 31471 Aguacate Road, San Juan Capistrano. Written Communications: (1) Report dated June 17, 1986, from the Director of Community Planning and Development, advising that the applicant requested vacation of the equestrian easement adjacent to Peppertree Bend and recommending that the easement remain until such time as the title for access purposes to the Peppertree Bend Trail is resolved. The report further recommended acceptance of the irrevocable offer for right-of-way relating to the extension of Via Estelita, as recorded in Parcel Map 73-15, to provide immediate access to the public street for Parcel 2. (2) Letter dated June 16, 1986, from Richard Spaulding, 31611 Sacarama Lane, San Juan Capistrano, forwarding a -5- 6/17/86 4 k � sketch depicting a public turn -around at the present terminus of Via Estelita and urging that the turn -around be made a condition of approval. Exhibits were on display and Susan Tebo, Associate Planner, made an oral presentation, discussing the staff recommendation to require the acceptance of an irrevocable offer of dedication for street purposes over the Jones and Spaulding properties in order to provide access to Via Estelita for the proposed Parcel 2. The Director of Community Planning and Development advised that a meeting had been held with Mr. Spaulding regarding his proposal to require a cul-de-sac; that staff felt the action was premature. In response to Mayor Friess he advised that a condition could be added to require participation in the Via Estelita street improvements, including a cul-de-sac if that action was deemed to be appropriate. He further noted that the staff recommendation should be corrected to indicate the intent to accept the irrevocable offer of dedication to the end of the pavement as it presently exists. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded: (1) Richard Spaulding, 31611 Sacarama Lane, urged acceptance of an irrevocable offer to dedicate land over the Patterson property for a cul-de-sac. He further stated he would prefer that a minimum amount of his property be taken for the proposed access. He cited concerns regarding location of the existing power pole and the proposed driveway, stating objections to additional poles which might be required. (2) Bruce Patterson, applicant, 31471 Aguacate Road, advised he had withdrawn his request to delete the equestrian trail. He cited opposition to Condition No. 4 requiring an easement across Parcel 2 for access to Via Estelita from Parcel 1. He stated that access had always been taken from Sacarama; further, no other residence in the immediate area had a secondary access. He stated the easement had not been part of earlier staff recommendations. There being no further response, Mayor Friess closed the _ Public Hearing with right to re -open at any time. Council Discussion: The City Manager advised that pursuant to the present zoning in the area, there was no legal right to require a cul-de-sac as proposed by Mr. Spaulding; that to do so would require a General Plan Amendment. Mayor Friess advised that -6- 6/17/86 the easement across Parcel 2 was required for emergency 6 access with the intent that it would be rough -graded. Councilman Hausdorfer stated that requiring the easement would not encumber the property in a negative way and could be valuable at a future time. Negative Declaration: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to certify the Negative Declaration. Acceptance of Irrevocable Offer: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to direct the City Engineer to prepare the necessary legal documents for acceptance of the irrevocable offer to the present terminus of the existing pavement of Via Estelita and to authorize the Mayor to execute said documents on behalf of the City. Approval of Tentative Parcel Map: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted with inclusion of a condition regarding participation in a cul-de-sac on Via Estelita if deemed appropriate: RESOLUTION NO. 86-6-17-1, TENTATIVE PARCEL MAP 86-108 (PATTERSON) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 86-108 (PATTERSON) The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland 3. GENERAL PLAN AMENDMENT, REZONE 86-1 11634 - BATHGATE RANCH PLANNED COMM This Public Hearing was continued from the meeting of May 20, 1986. Written Communications: Report dated June 17, 1986, from the Director of Community Planning and Development, advising that Planning Commission review of the project was not complete and recommending that the item be rescheduled at a later date. item to be Rescheduled: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to take no -7- 6/17/86 4 64 action on the application and to direct staff to reschedule the item upon completion of Planning Commission review. 4. GENERAL PLAN AMENDMENT 86-2, ARCHITECTURAL CONTROL 85-3 AND This Public Hearing was continued from the meeting of May 20, 1986. Written Communications: Report dated June 17, 1986, from the Director of Community Planning and Development, advising the applicant was in the process of investigating alternatives to the site plan and had requested a continuance of the Hearing. Continuance of Public Hearing: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to continue the Public Hearing to the meeting of July 1, 1986, as requested by the applicant. 5. REZONE 86-3, GROWTH MANAGEMENT 86-1 AND TENTATIVE TRACT 12663 (LACOUAGUE/RIVENDELL) (304.1/316.1/318.5) This Public Hearing was continued from the meeting of June 3, 1986. Proposal: Consideration of a zone change to PC (Planned Community) and a tentative tract map application to create 231 residential lots; a multi -court membership tennis and athletic club; an equestrian, riding, training, and show facility; and, a 5 -acre public park site. The property is located at the easterly terminus of San Juan Creek Road and includes approximately 263 acres. The present zoning includes a base district designation of GM (Growth Management), with environmental overlay districts of FP -1 (Floodway), FP -2 (Floodway Fringe), and HM (Hillside Management). Surrounding uses include residential to the west, equestrian stables to the north, and vacant land to the east and south. Property Owner: Jean Lacouague, P. O. Box 327, San Juan Capistrano. AA2plicant: e Rivndell Management Group, Ltd., 10318 - 82 Avenue, Suite 300, Edmonton, Alberta, Canada T6E 1Z8. Written Communications: (1) Report dated June 17, 1986, from the Director of Community Planning and Development, setting forth staff findings and the Planning Commission's recommendation of approval. -8- 6/17/86 (2) Amended Ordinance approving Rezone 86-3. 4 65 (3) Amended Resolution approving Tentative Tract 12663. Exhibits were on display and Tom Tomlinson, City Planner, made an oral presentation, discussing the proposed rezone, growth management application, and tentative tract approval. He further discussed the required on- and off-site improvements and those improvements in which participation was required. He noted changes to the Ordinance approving the rezone which would provide for the tennis facility to be a principal permitted use, with remaining uses to be conditional uses. He noted amendments to the tentative tract resolution regarding the San Diego Pipeline, a participation agreement for off-site improvements, construction phasing and access, dedication of the Open Space area, and an access easement for Paseo Riobo. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following person responded: (1) Bill Griffith, representing the applicant, stated the project was consistent with the spirit of the General Plan and objectives of the community, and discussed the following: Minimum Lot Size Adjacent to Hidden Valley - requested the staff recommendation be amended to 20,000 square feet; Proposed Recreational Uses on Parcel 1 of Tentative Tract 12663 - requested some latitude in terms of the proposed uses; Public Improvements - stated the wish to work with staff regarding participation in public improvements, including signalization requirements; Landscape Buffer - recognized the need for a buffer, which will be addressed at the appropriate time; San Diego Pipeline - stated the intent to identify the right-of-way and note its existence in the Real Estate report; Soils Subsidence Insurance - cited the difficulty in obtaining such insurance and the hope for a suitable solution to the problem; Off -Site Improvements - requested cooperation in construction of San Juan Creek Road, sewers, etc., in terms of development fees and the potential for reimbursement from adjacent property owners, stating a -9- 6/17/86 4 66 wish to work with staff on the matter. He requested assistance in securing necessary right -o£ -way along San Juan Creek. He stated that the issue of constructing the La Novia bridge as a front-end cost of the project remained to be resolved. There being no further response, Mayor Friess closed the Public Hearing with the right to re -open at any time. - Council Discussion: Mayor Friess noted that his residence was adjacent to the proposed project; that the City Attorney advised there was no conflict of interest and he would be allowed to participate. There was concurrence that the requested lot size of 20,000 square feet adjacent to Hidden Valley was acceptable. Discussion ensued regarding the flexibility for recreational uses and the need for public awareness of the uses that will ultimately be installed. There was general support for equestrian uses, with Councilman Hausdorfer urging a minimum equestrian use. There was a consensus that a Conditional Use Permit for recreational uses other than the principal use not be required; however, public hearings at the Planning Commission and Council levels will be required. There was a consensus that the condition requiring soil subsidence insurance be retained, with staff, the applicant and the City Attorney working to resolve the problems. Councilman Hausdorfer stated the insurance issue should not hold up the project and that an appeal should be heard at the earliest possible time if necessary. Council stated it was not the intent that this project should carry the full burden of off-site improvements and that there was the ability to negotiate the development's proportionate share; further, the City would cooperate in right-of-way acquisition. Councilman Hausdorfer stated concern that there be fairness and sensitivity to the developer in terms of the financial impacts of improvements required for project construction, and suggested staff review the issue of the La Novia bridge and the concept of fees, particularly relating to systems development and agricultural preservation. Environmental Impact Report Certified: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Resolution be adopted: 12663 (LACOUAGUE/RIVENDELL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS OF REZONE 86-3, GROWTH MANAGEMENT 86-1, AND TENTATIVE TRACT 12663 (LACOUAGUE/RIVENDELL) -10- 6/17/86 The motion carried by the following vote: 4 6.F AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland Approval of Rezone 86-3: 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 introduced, with amendments to the Comprehensive Development Plan to require that lot sizes adjacent to Hidden Valley be 20,000 square feet and, that public hearings be held at the Planning Commission and City Council levels on proposed alternate recreational uses for Parcel 1 of Tentative Tract 12663, with no further fees to be required: REZONE 86-3 (LACOUAGUE/RIVENDELL) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY APPROVING THE ZONING OF ASSESSOR'S PARCEL NOS. 124-223-38 AND 124-223-39 FROM GM (GROWTH MANAGEMENT) TO PC (PLANNED COMMUNITY) The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland Approval of Growth Management 86-1: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Resolution be adopted: Azov] Uu Ti.vv Nv. 00-0-1/-3, uAvw Tn ruumaVBmrwm.L oo-1 - RESIDENTIAL CONCEPT PLANS (LACOUAGUE RIVENDELL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING RESIDENTIAL CONCEPT PLANS FOR GROWTH MANAGEMENT 86-1 (LACOUAGUE/RIVENDELL) The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Buchheim, Hausdorfer, and Mayor Friess None Councilmen Schwartze and Bland -11- 6/17/86 The Resolution set a growth management point rating of 61 points. Approval of Tentative Tract 12663: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. 86-6-1 2663 t1'AI:UU'RUUL'/K1VEfiUELL) - A 1KL'SULUT1UN Uk THE UITI COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12663 (LACOUAGUE/RIVENDELL) The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland Abatement of Illegal Uses: At the suggestion of Mayor Friess, it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that illegal uses on the property be abated within 90 days. 6. REVIEW OF FISCAL BUDGET FOR THE 1986. AND ENDING JUNE 30, 1991 - This Public Hearing was continued from the meeting of June 10, 1986. Written Communications: Report dated June 17, 1986, from the Assistant City Manager, forwarding a chart depicting funding requests received from a variety of community organizations. The Assistant City Manager made an oral report, noting that funding requests had been received from 15 community organizations, and $44,500 had been included in the proposed 1986-87 budget for community organization support. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following persons responded in support of funding requests: (1) Bill Gil, Executive Director, South Coast Community Clinic, (2) Max Holland, Vice President, Chamber of Commerce. -12- 6/17/86 (3) Patrick Timmins and Adolph Macias, Capistrano Valley p Symphony. (4) Bryan Smillie, Friends of the Library. (5) Bob Carrubba, Executive Director, Community Counseling Center. (6) Bill Luke, President, San Juan Historical Society. (7) Barbara Dykes, Director, Community Services Program Youth Shelter. (8) Tanya Macarewich, South Coast Literacy Council. (9) Belinda Blacketer, Attorney at Law, 1550 South Coast Highway, Suite 204, Laguna Beach, representing the North San Juan Capistrano Coalition of Homeowner Associations, presented a letter dated June 17, 1986, requesting that the City set aside monies for review and study of the north San Juan Capistrano area, noting a number of concerns regarding development projects and the future of the area. Mayor Friess advised he would be willing to meet with the Coalition and staff would review the request and make a recommendation. There being no further response, Mayor Friess closed the Hearing with the right to re -open at any time. Continuation of Public Hearing: There was a consensus of Council to continue the Public Hearing to the meeting of June 24, 1986. RECESS AND RECONVENE Council recessed at 9:05 p.m., and reconvened at 9:12 p.m. Council recessed at 9:12 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:27 p.m. ADMINISTRATIVE ITEMS CITY MANAGER PUBLIC HEARING WITH COMMUNITY Written Communications: Report dated June 17, 1986, from the Director of Community Planning and Development, forwarding a resolution consenting to a joint public hearing with the Community Redevelopment Agency on Redevelopment Plan Amendment 86-1, pursuant to Community Redevelopment Law. -13- 6/17/86 4'70 Joint Public Hearing: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 86-6-17-5, PROPOSED REDEVELOPMENT PLAN AMENDMENT 86-1 JOINT PUBLIC HEARING - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONSENTING TO A JOINT PUBLIC HEARING ON PROPOSED REDEVELOPMENT PLAN AMENDMENT 86-1 FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICE OF JOINT PUBLIC HEARING The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland The Resolution set a joint public hearing for the meeting of August 5, 1986, at 7:00 p.m., in the City Council Chamber. The City Clerk was directed to publish and mail notice of the joint public hearing. 2. AUTHORIZING APPLICATION FOR SECTION 9 URBAN MASS TRANSPORTATION ACT GRANT (UMTA) - SANTA FE RAILR Written Communications: Report dated June 17, 1986, from the Assistant to the City Manager, advising that the railroad track and bridge relocation project submitted by the City had been approved for funding, and forwarding a Resolution supporting the filing of a grant application. The project will replace the 68 -year-old railroad bridge over San Juan Creek and will relocate 3,343 feet of track from a curvature situation to a straight line adjacent to the flood control channel. The project is expected to cost $2.7 million. Orange County has allocated $1.8 million for the project, with the balance of the funds, $900,000, budgeted by Caltrans. City costs will be primarily in staff time to administer the grant and work out land exchanges. Authorizing Filing of Application: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: -14- 6/17/86 RESOLUTION NO. 86-6-17-6, AUTHORIZING FILING OF 4 71 APPLICATION FOR GRANT - URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland The Resolution authorized the City Manager to execute all documents on behalf of the City. CITY ATTORNEY 1. RESOLUTION SETTING FORTH FINDINGS (ROTHENBERG) (323.21) Written Communications: Report dated June 17, 1986, from the City Attorney, forwarding a resolution making appropriate findings in conjunction with Zone Variance Application 86-6, pursuant to Council direction of June 3, 1986. Continuation of Approval: Due to the absence of Councilmen Schwartze and Bland, this item was continued to the meeting of July 1, 1986. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. CREATION OF ECONOMIC DEVELOPMENT COMMISSION (141.2) Written Communications: Report dated June 17, 1986, from the Director of Community Planning and Development, recommending formation of an Economic Development Commission to carry out the promotion, research, and selection of high-quality development. The membership will consist of five members; two who are residents and/or business owners in San Juan Capistrano; two who are top level business people with strong business expertise and contacts within the field of real estate development; one Planning Commissioner; and, the Community Redevelopment Agency Chairman and City Manager as ex -officio non-voting members. The Commission will meet quarterly, with compensation set at $25 per meeting. The Community Development Administrator made an oral report and noted that Section 2-2.1002(a) should be corrected to read: "Four members. . ." -15- 6/17/86 '/. Establishment of Economic Development Commission: N 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 Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be introduced as amended: ESTABLISHING AN ECONOMIC DEVELOPMENT COMMISSION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, y CALIFORNIA, ESTABLISHING AN ECONOMIC DEVELOPMENT COMMISSION BY ADDING ARTICLE 10 "ECONOMIC DEVELOPMENT COMMISSION" TO CHAPTER 2 "COMMISSIONS AND BOARDS" OF TITLE 2 "ADMINISTRATION" OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland Staff was directed to begin recruitment of potential Commissioners for Council consideration. 2. ANNEXATION AND SPHERE OF Written Communications: Report dated June 17, 1986, from the Director of Community Planning and Development, advising that the Great Western parcel, located at the southern City boundary, is not now within the City's sphere of influence, and forwarding a resolution formally requesting the Local Agency Formation Commission to expand the City's sphere of influence so that the Great Western annexation can be considered. Expansion of Sphere of Influence: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 86 OF INFLUENCE - GREAT WhbThKN YKUPERTY - A KZ6ULU"r-LV1v Ur inn %-i11 � VUiv� Uc THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING EXPANSION OF ITS SPHERE OF INFLUENCE The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland -16- 6/17/86 3. PLANNING COMMISSION RECOMMENDATIONS - SERVICE 4 73 Written Communications: Report dated June 17, 1986, from the Director of Community Planning and Development, advising that a number of requests from service station owners had been reviewed and processed for conversion of service bays to mini -markets. The report advised that the Planning Commission expressed concern regarding potential impacts and requested initiation of a zoning study to establish design standards and regulations for such uses. The City Planner made an oral presentation. Councilman Hausdorfer stated support for the study, but cited opposition to conversion of service station bays to mini -markets, stating they violated the spirit and intent of the General Plan. Moratorium on Mini -Market Approvals: 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 Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be adopted: JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A MORATORIUM ON MINI -MARKET APPROVALS WITHIN THE CITY The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland The Ordinance imposed a moratorium on the processing of any mini -market approvals within the City during the period of the zoning study, with the exception of any parcel which had received approval to develop a mini -market prior to the effective date of this Ordinance. The Ordinance took effect immediately and will remain in effect for a period of 45 days, or until August 1, 1986. DIRECTOR OF PUBLIC WORKS 1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - INSURANCE REQUIREMENTS FOR OVERLOAD VEHICLES (INTRODUCTION) (418.1) Written Communications: Report dated June 17, 1986, from the Director of Public Works, recommending deletion of the bonding requirement and -17- 6/17/86 MW r amendment of the insurance requirements for overload vehicle permits to provide flexibility in dealing with the changing insurance climate. The amendment will require the applicant to provide an insurance certificate for liability insurance, with the City named as an additional insured, in an amount to be approved by the Office of the City Attorney. Truck Overload Insurance Requirements: 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 introduced: TO TITLE 4 OF THE MUNICI .:nrm warn ra r.ra nrrr r. r+r. r.wrmn _ CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.912 RELATING TO TRUCK OVERLOAD INSURANCE REQUIREMENTS OF TITLE 4 "PUBLIC SAFETY" OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland 2. AMENDMENT TO TITLE 5 OF - PROHIBITION OF Written Communications: Report dated June 17, 1986, from the Director of Public Works, setting forth the City's current graffiti removal program and forwarding an ordinance which prohibits graffiti by law and legally establishes a procedure which authorizes City personnel to remove graffiti from private property. Prohibiting Graffiti: 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 Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be introduced: THE MUNICIPAL CODE - PROHIBITED - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING MUNICIPAL CODE SECTION 5-13.02 ENTITLED "GRAFFITI PROHIBITED" TO CHAPTER 13, "TRESPASSING," OF TITLE 5, "PUBLIC WELFARE" The motion carried by the following vote: own 6/17/86 4'7r� AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland 3. RESOLUTION OF INTENT TO VACATE A PORTION OF VIA SERRA (321.1) Written Communications: Report dated June 17, 1986, from the Director of Public Works, advising that the current owner of property on each side of Via Serra had requested the City to vacate the part of the Via Serra cul-de-sac within the City. The vacation was reviewed and approved by the Environmental Review Board and the Planning Commission for the Capistrano Storage Project Architectural Control 85-5. Intent to Vacate Portion of Via Serra: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that the following Resolution be adopted: Vila .5rANA — H i(rbuilU Tlun Ur Trirs U1TY uuurgk_1L Ur" Tnz CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENT TO VACATE A PORTION OF VIA SERRA The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Councilmen Schwartze and Bland The Resolution set a hearing date of July 15, 1986, at 7:00 p.m., in the City Council Chamber. 4. PARTICIPATION IN LOCAL JURISDICTION INCENTIVE PROGRAM, EARTHQUAKE PREPAREDNESS (SCEPP) (603.4) Written Communications: Report dated June 17, 1986, from the Director of Public Works, advising that the Southern California Earthquake Preparedness Project was funding local demonstration projects which met specific criteria, including identification and education of vulnerable populations, specifically senior citizens and people with disabilities. The report advised that studies have shown that mobile homes perform poorly in an earthquake; therefore, the City has a highly vulnerable population. Development of self-help public education materials in the form of a five-minute video tape and accompanying booklet geared toward senior -19- 6/17/86 4'76 citizens and those with disabilities was recommended for demonstration project funding submittal. The grant requires matching commitments of local resources, including dollar -for -dollar and/or in-kind contributions. The project would result in a net direct one-time "new" cost of approximately $4,000; monies were budgeted in Account No. 01-4410-213. The report further advised that Fox and Associates, a firm currently working with the City on emergency planning matters, would hire Heidi Kramer, of Emergency Planning Associates, to be the local liaison for the project. Heidi Kramer, a resident of Village San Juan, addressed Council in support of the program. 0 Incentive Program: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the submission of the application and the City's participation in the Local Jurisdiction Incentive Program - Earthquake Safety/Preparedness (SCEPP), and to authorize the City Manager to enter into a contract with the State on behalf of the City should the grant be awarded to the City. 5. DEFAULT OF XEROSYSTEMS - WATER SAVI I AAC "I 11 AAC 11 Written Communications: Report dated June 17, 1986, from the Director of Public Works, advising that in January, 1986, the City entered into an agreement with Xerosystems, Inc., for water conservation services. The company failed to install all of the required equipment and the City was informed that Xerosystems had assigned all its rights and obligations to the underlying contract a Mr. Herbert Stileau. Mr. Stileau requested that the City terminate the contract and authorize release of the letter of credit posted with the City to provide insurance against damages. The report advised that the City Attorney recommended that the letter of credit be released since the City had not sustained any damages. Termination of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: — RESOLUTION NO. 86-6-17-9, DECLARING DEFAULT AND mnnT./TTTTm TITTT ITL+ DCD4IlDMTTT/T 1. nV nnT_TrAMTnNM - WAMPP A RESOLUTION OF THE CITY CUUNCIL OF 771E UITY UrsAN JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT AND TERMINATION OF PERFORMANCE OF OBLIGATIONS OF WATER CONSERVATION EQUIPMENT AGREEMENT (XEROSYSTEMS, INC.) -20- 6/17/86 The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess ABSENT: Councilmen Schwartze and Bland DIRECTOR OF COMMUNITY SERVICES 1. 47`7 Written Communications: Report dated June 17, 1986, from the Director of Community Services, forwarding a contract to extend the Dial -a -Van Transportation Services for a one-year period beginning July 1, 1986, and ending June 30, 1987. The City has contracted with the San Clemente Seniors Inc., for the service since April 1, 1983. The contract required a cash payment of $5,610. An in-kind match was no longer necessary. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the Agreement with San Clemente Seniors, Inc., for Dial -a -Van Transportation Services for the senior citizens and handicapped population in the City for a one-year period beginning July 1, 1986, and ending June 30, 1987. A cash payment in the amount of $5,610 was approved; the Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. COUNCILMANIC ITEMS 1. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (130.1) This item was held over from the meeting of June 3, 1986. Written Communications: Report dated June 3, 1986, and resubmitted June 17, 1986, forwarding a list of current Commission and Board appointees. Continuation of Item: There was a consensus of Council to continue the item to the meeting of July 1, 1986, for consideration by all Council Members. COUNCIL REMARKS 1. CITY COUNCIL MINUTES REGARDING AROSA PROJECT (316.1) Councilman Hausdorfer noted receipt of a letter dated June 13, 1986, from John Kocmur, regarding a statement in -21- 6/17/86 4 78 the Minutes of the Council meeting of November 5, 1985, during the Public Hearing to consider extending the Arosa project tentative maps. Staff was directed to review the matter. 2. FILMING AT SWALLOWS INN (115.2) Councilman Hausdorfer advised that he had represented the City at the Swallows Inn where a Clint Eastwood movie was being filmed. CLOSED SESSION Council recessed to a Closed Session at 9:46 p.m., for discussion of legal matters and pending litigation pursuant to Government Code Section 54956.9(c), the Deputy City Clerk being excused therefrom, and reconvened at 11:00 p.m. ADJOURNMENT There being no was adjourned Tuesday, June Dance Hall. ATTEST: further business before the Council, the meeting at 11:00 p.m., to the next meeting date of 24, 1986, at 7:00 p.m., in the San Juan Hot Springs KENNETH E. FRIESS, MAYO Respectfully submitted, MARY ANN HANOVER, CITY CLERK By L eryl Jn o , Deputy Ci Clerk/ Recording Secretary -22- 6/17/86