85-0122_CC_Minutes_Adjourned Regular Meeting415
JANUARY 22, 1985
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor
Pro tem Schwartze at 7:01 p.m., in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag. Invocation was
given by Reverend Homer Waisner, Ocean Hills Community Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: Gary L. Hausdorfer, Mayor
STAFF PRESENT: Stephen B. Julian, 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; Cheryl Johnson, Recording
Secretary.
MINUTES
Adjourned Regular Meeting of January 8, 1985:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the Minutes of the Adjourned Regular Meeting of
January 8, 1985, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
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PRESENTATIONS AND COMMENDATIONS
1. COMMENDING JAMES E. HEIM, DIRECTOR, ORANGE COUNTY COMMUNITY
SERVICES AGENCY (114.1)
Written Communications:
Report dated January 22, 1985, from the Senior
Administrative Assistant, advising that James Heim, a
long-time resident of San Juan Capistrano, was retiring
after 36 years of public service with the County of Orange.
Mr. Heim had served as the Director of the County's
Community Service Agency; Orange County Public
Administrator; and, was the County's first Public Guardian.
Commendation of Mr. Heim:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted for
presentation at Mr. Heim's retirement celebration:
RESOLUTION NO. 85-1-22-1, COMMENDING JAMES E. HEIM - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING JAMES E. HEIM
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
WRITTEN COMMUNICATIONS
1. PETITIONS FROM STONERIDGE ESTATES REQUESTING CLEANUP OF
- TRACTS 10103. 11093. 11094
Written Communications:
Letter dated January 4, 1985, from Lynn Rinker, Account
Executive Director, Merit Property Management, Inc.,
forwarding on behalf of the Board of Directors of Stoneridge
Estates, petitions signed by approximately 67 persons, _
requesting cleanup of the property formerly under
development by the Goeden Company at the corner of Highland
Drive and Rancho Viejo Road.
With the concurrence of Council, Mayor Pro Tem Schwartze
ordered the petitions received and referred to staff for
further review and corrective action.
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417
CONSENT CALENDAR
it was moved by Councilman Bland, seconded by Councilman Friess,
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 Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated January 22, 1985, Warrant Register
No. 85-072, in the total amount of $652,379.47, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.01)
The City Treasurer's Report of Investments as of
December 31, 1984, in the total amount of $7,755,000.00, was
approved as submitted.
3. CITY
IRER'S REPORT OF
' BOND DELIN
The City Treasurer's Report of 1911 Act Bond Delinquencies
as of December 31, 1984, in the total amount of $10,055.58,
was approved as submitted.
4. REPORT OF COMMISSION ACTIONS (135.04)
The Report dated January 22, 1985, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of January 14, 1985, was ordered received and filed.
PUBLIC HEARINGS
1. PARCEL MAP 81-855 (MIRKIN) (316.3)
Written Communications:
Report dated January 22, 1985, from the Director of
Community Planning and Development advising that the Orange
County Surveyor's Office had not completed its plan check of
the map and, requesting the Public Hearing be continued.
Public Hearing:
Notice having been given as required by law, Mayor Pro Tem
Schwartze opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
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Continuation of Hearing to March 5, 1985:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to continue the Public
Hearing to the City Council meeting of March 5, 1985.
2.
OF
LIMITS FOR THE YEARS 1985, 1986
Proposal:
Hearing held pursuant to Section 9-7.08 of the Municipal
Code, which requires the City Council to establish a
Numerical Limit on residential building permits which may be
issued in the succeeding three calendar years.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated January 22, 1985, from the Director of
Community Planning and Development, forwarding the Planning
Commission recommendation of approval of a Numerical Limit
of 400 dwelling units per year.
Public Hearing:
Notice having been given as required by law, Mayor Pro Tem
Schwartze opened the Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Establishment of Numerical Limits:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 85-1-22-2, ESTABLISHMENT OF NUMERICAL
LIMITS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING NUMERICAL
LIMITS PURSUANT TO SECTION 9-7.08 OF THE MUNICIPAL CODE
FOR DWELLING UNIT BUILDING PERMITS TO BE ALLOCATED IN
1985, 1986, 1987, AND 1988
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
The Resolution set the following Numerical Limits:
1985 - 400 1987 - 400
1986 - 400 1988 - 400
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Wuf
MRARAM
ORDINANCES
1. ADOPTION OF URGENCY ORDINANCE AMENDING TITLE 9 OF THE
MUNICIPAL CODE - NONCONFORMING USES IN THE SPECIAL (PRECISE
PLAN) DISTRICT (418.3)
Written Communications:
Report dated January 22, 1985, from the Director of
Community Planning and Development, advising that a
situation exists in the Los Rios area where a minor
expansion of a non -conforming use has occurred. The report
advised that the Solag operation rebuilt a truck structure
as a maintenance shed and wished to obtain building permits;
that in order to obtain a building permit under current
regulations, the applicant would have to request an
amendment to the Los Rios Precise Plan to permit a refuse
service as an allowable use in the District. The report
forwarded an ordinance developed to establish procedures for
reviewing requests for minor modifications to non -conforming
uses. It included criteria and limitations that will ensure
that modifications will be temporary in nature; will not
have significant environmental impacts; and, will be minor
and incidental in scale. The ordinance provided for review
by the Environmental Review Board and other Boards and
Commissions, with the final decision made by the City
Council.
The Director of Community Planning and Development made an
oral presentation, noting that the proposed Municipal Code
Amendment was developed in response to the Solag request for
a building permit; however, it would be applicable on a
broader scale. The amendment would allow any property owner
in a Special District to seek permission to make
improvements. Adoption as an Urgency Ordinance would allow
an immediate application by Mr. Trullis and provide an
interim study period.
n of
Initiation
t:
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 and a Code Amendment be initiated:
ORDINANCE NO. 530, AMENDMENT TO TITLE 9 OF THE
CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 3, TITLE 9, OF
THE MUNICIPAL CODE REGARDING NONCONFORMING USES IN THE
SPECIAL (PRECISE PLAN) DISTRICT (URGENCY)
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420
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
The Ordinance will expire 45 days from the date of adoption,
or March 8, 1985.
RESOLUTIONS
1. SUPPORTING SOUTHWEST CORRIDOR FORMATION (AMTRAK) (809.2)
Written Communications:
Report dated January 15, 1985, from the Senior
Administrative Assistant, forwarding a Resolution expressing
the City's support for the extension of the Los Angeles -San
Diego Corridor to Santa Barbara. The proposed rail
corridor, designed to improve Amtrak service, is in the
preliminary planning stages and would be called the
Southwest Corridor.
Support of Southwest Corridor:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO. 85-1-22-3, SUPPORTING ESTABLISHMENT OF A
SOUTHWEST COASTAL RAIL TRANSPORTATION CORRIDOR - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IN SUPPORT OF THE ESTABLISHMENT
OF A SOUTHWEST COASTAL RAIL TRANSPORTATION CORRIDOR
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Pro Tem Schwartze
NOES: None
ABSENT: Mayor Hausdorfer
Staff was directed to forward copies of the Resolution to
the City of Oceanside and other interested agencies.
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421
BIDS, CONTRACTS, AGREEMENTS
APPROVAL OF COOPERATIVE AGREEMENT BETWEEN CITY AND COMMUNITY
Written Communications:
Report dated January 18, 1985, from the Director of Public
Works, forwarding an agreement establishing funding
obligations for construction of the Camino Capistrano
Bridge. Federal Aid Urban funds will provide 868 of the
total cost, or $2,213,000; the County will fund 14% of the
construction or $280,000; and, the City, through the
Redevelopment Agency, will fund 14% of the cost of bridge
approaches, traffic signals, and street lighting, or
$81,000. Total construction cost was estimated at
$2,574,000.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to approve the agreement
between the City and the Community Redevelopment Agency
providing for a transfer of funds from the Community
Redevelopment Agency to the City for completion of
improvements relating to construction of the Camino
Capistrano Bridge. The Mayor and City Clerk were authorized
to execute the agreement on behalf of the City.
2. ACCEPTANCE OF RIGHT-OF-WAY DEEDS, CAMINO CAPISTRANO BRIDGE
Written Communications:
Report dated January 22, 1985, from the Director of Public
Works, requesting acceptance of right-of-way easements for
bicycle trails, roadways, and temporary construction use in
conjunction with construction of the Camino Capistrano
Bridge. The affected properties include the Padre Plaza and
the parking lot serving the Plaza. Purchase of the
right-of-way will be funded through the County's Arterial
Highway Financing Program at $14,267; the City, through the
Community Redevelopment Agency, will be obligated for
$7,133.50.
Acceptance of Deeds:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to accept the easement
deeds for roadway purposes, bicycle trail purposes, and
temporary construction use from Ronald and Barbara Conrad,
with authorization for payment of $13,232 upon receipt of
recorded documents; and, to accept the easement deed for
temporary construction purposes from Fred and Clella
Stoffel, with authorization for payment of $1,035 upon
receipt of the recorded document.
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422
3. APPROVAL OF COOPERATIVE AGREEMENT NO. D84-260 -
Written Communications:
Report dated January 22, 1985, from the Director of Public
Works, requesting approval of an agreement with the County
to cooperatively fund the local matching portion of the
Camino Capistrano Bridge. The majority of construction
funding will be provided by Federal Aid Urban funds. The
report advised that changes are being made in the bridge
improvements, as requested by the County, and cites possible
cost increases. The agreement provides a County spending
limit of $280,000; however, a provision exists to increase
the limit.
Approval of Cooperative Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to approve Cooperative
Agreement No. D84-260, Camino Capistrano Bridge, and to
direct staff to request that the County favorably consider
increasing their participation limit as prescribed in
Paragraph II.E of the agreement, if design changes required
by Caltrans, the Federal Highway Administration, and/or the
County increase the project costs. The Mayor and City Clerk
were authorized to execute the agreement on behalf of the
City.
4. APPROVAL OF AGREEMENT FOR PARKING AND MAINTENANCE
(CAPISTRANO DEPOT) (406.451/309.2)
Written Communications:
Report dated January 22, 1985, from the Senior
Administrative Assistant, advising that on January 17, 1984,
the City and the Depot entered into an agreement covering
parking, maintenance, and posting of speed limits in the
Depot and Multi -Modal Terminal parking lots. The report
forwarded a new agreement incorporating additional
improvements in the two lots: i.e., 38 additional spaces in
the Multi -Modal Terminal to be designated 2 -hour parking;
removal of time limits in the Depot parking lot; continued
sweeping and cleaning of the lots; construction of speed
bumps in the Multi -Modal Terminal lot; and, new signs
prohibiting overnight parking and designating tow -away
zones. The agreement will be effective for a one-year
period of time and repeals the previous agreement dated _
January 17, 1984. Costs for the proposed improvements were
estimated at $2,000.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the agreement
between the City and the Depot for improvements in the
Multi -Modal Terminal; and, to authorize a transfer of funds
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from the General Fund to Account No. 01-4440-213 (Public
works Maintenance Specialized Services) in the amount of
$2,000 to cover the cost of the improvements. The Mayor and
City Clerk were authorized to execute the agreement on
behalf of the City.
RECESS AND RECONVENE
Council recessed at 7:15 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:22 P.M.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APPROVAL
OF
SING - SAN JOAQUIN
Written Communications:
Report dated January 22, 1985, from the City Manager,
forwarding a Memorandum of Understanding developed to guide
the development of a Joint Powers Agreement to design,
finance, and construct the San Joaquin Hills Corridor. The
Memorandum of Understanding details key policy statements
and sets ground rules for future discussions. The report
advised that the Memorandum of Understanding does not commit
the City to adoption of a Major Thoroughfare and Bridge Fee
Program, or to participation in a Joint Powers Authority.
However, it does commit the City to work cooperatively with
the County and other cities to develop a uniform Major
Thoroughfare and Bridge Fee Program and to prepare a Joint
Powers Agreement which will be acceptable to all
jurisdictions.
Mayor Pro Tem Schwartze cited Mayor Hausdorfer's favorable
stance on the matter, but noted that the Mayor wished to
continue the matter for full Council discussion. The City
Manager made an oral presentation, noting that the item was
scheduled for consideration by the Board of Supervisors on
January 23, 1985; that some significant changes had occurred
and that Mayor Hausdorfer wished to share his concerns.
Councilman Bland received clarification on the intent of a
"full and equitable partnership," and "fees placed on future
development only;" and, the requirement for adoption of a
revised Major Thoroughfare and Bridge Fee Program.
Continuation of Item:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to continue the item to
the meeting of February 5, 1985, for discussion by the
entire Council.
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I
CITY CLERK
1. REPORT OF JUNE, 1980, ELECTION COST (408.60)
Written Communications:
Report dated January 22, 1985, from the City Clerk, advising
that pursuant to a letter received from the Orange County
Housing Authority, the City had participated in the June,
1980, Article XXIV Referendum Election, with the
understanding that the referendum would be initiated at no
cost to local revenue funds. Subsequent to that election, a
bill was received in the amount of $3,851.17 for election
consolidation charges. The report advised that 3-1/2 years
later, the matter was settled and the City relieved of
accountability for payment of the election costs.
With the concurrence of Council, Mayor Pro Tem Schwartze
ordered the report received and filed.
2. APPROVAL OF AMENDMENT TO LOCAL CONFLICT OF INTEREST COST
DESIGNATED POSITIONS (405.4)
Written Communications:
Report dated January 22, 1985, from the City Clerk
requesting approval of Appendix "A" of the City's Local
Conflict of Interest Code, as amended. The amendments
reflect several employee title changes and the addition of
new positions.
Approval of Amended Appendix "A":
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to approve Appendix "A,"
as amended, for inclusion in the Local Conflict of Interest
Code.
CITY ATTORNEY
CASE REPORT - FISHER VS. CITY OF BERKELEY - OPINION OF THE
CALIFORNIA SUPREME COURT (403/418.13)
Written Communications:
Report dated January 22, 1985, from the City Attorney,
discussing the landmark rent control and anti-trust decision
recently rendered by the California Supreme Court. The
report advised that the case involved a Berkeley rent
control ordinance and was of significance in that the Court
held the ordinance does not violate anti-trust laws and has
given further clarification to the fair rate of return
issue.
The City Attorney made an oral presentation, discussing the
anti-trust and the fair rate of return issues. He stated
concern that with regard to the fair rate of return issue,
the area of attack will shift to implementation; that the
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City had taken action in that area by the introduction of
the Hearing Officer procedure. Mayor Pro Tem Schwartze
requested that this item be forwarded to the members of the
Mobile Home Park Review Committee.
With the concurrence of Council, Mayor Pro Tem Schwartze
ordered the report received and filed.
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF BUDGET AMENDMENT FOR SEWER ENTERPRISE FUND,
pun.TRrT rnMMTTTFR Nn_ 2-R. AND GENERAL FUND (SERRA) (151.4)
Written Communications:
Report dated January 22, 1985, from the Director of Public
Works, advising that bids were reviewed by the SERRA Board
of Directors for cleaning of Digesters Nos. 3 and 4; the low
bid was received from Golden West Fertilizer Company at
$246,000, of which the City's share will be $57,063.24. The
report advised that Project Committee No. 2-R had funds
budgeted; however, the proposed expenditure exceeded what
had been estimated and a budget transfer was required. The
report further advised that the SERRA Board approved
preparation of a Public Relations Brochure in the amount of
$12,000, to be funded equally by the six member agencies; a
budget transfer of $2,000 to cover the City's share, was
required.
Approval of Budget Amendments:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to approve the bids received
for the SERRA Treatment Plant digester cleaning and the
expenditure associated with the work; and, to approve the
preparation of a SERRA Public Relations Brochure. Inter -fund
transfers from the Sewer Enterprise Fund to accommodate the
projects were authorized as follows:
Account No. 07-4480-284 - $57,100 (Project Committee 2-R)
2,000 (SERRA General Fund)
Total $59,100
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140
The Report dated January 22, 1985, from the Director of
Community Planning and Development, advising of actions
taken by the Planning Commission at their meeting of
January 15, 1985, was ordered received and filed.
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426
COUNCIL ACTIONS
1. APPOINTMENT TO CULTURAL ARTS AND HERITAGE COMMISSION (CANDY)
(133.2)
This item was continued from the meeting of January 8, 1985.
Written Communications:
Report dated January 22, 1985, from the Senior
Administrative Assistant, advising that the sub -committee
comprised of Councilmen Bland and Buchheim had conducted
interviews and would present a recommendation for
appointment to the Commission.
Appointment of Richard Candy:
Councilman Bland nominated Richard Landy; there being no
further nominations, nominations were closed, and it was
moved by Councilman Bland, seconded by Councilman Buchheim,
and unanimously carried to appoint Dick Landy to the
Cultural Arts and Heritage Commission.
2. APPOINTMENT TO THE MOBILE HOME PARK REVIEW COMMITTEE
(PITMAN) (136.2)
This item was continued from the meeting of January 8, 1985.
Written Communications:
Report dated January 22, 1985, from the Senior Administrative
Assistant, advising that the sub -committee comprised of
Councilmen Friess and Schwartze had conducted interviews and
would present a recommendation for appointment to the
Committee.
Appointment of Mary Pitman:
Councilman Friess nominated Mary Pitman; there being no
further nominations, nominations were closed, and it was
moved by Councilman Friess, seconded by Councilman
Schwartze, and unanimously carried to appoint Mary Pitman
to the Mobile Home Park Review Committee.
NOMINATION TO THE ORANGE COUNTY GRAND JURY (NELSON) (107.9)
Written Communications:
Report dated January 22, 1985, from the City Manager,
advising that the Superior Court had requested
recommendations for persons in the community interested in
serving on the Orange County Grand Jury. The report advised
that Ed Nelson had expressed interest in serving.
Nomination of Ed Nelson:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to nominate Ed Nelson for
appointment to the Orange County Grand Jury.
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COUNCIL REMARKS
1.
PLANNING
IN APPOINTMENT
427
Councilman Friess advised that Thomas Moody had been
appointed to represent the 5th District on the Orange County
Planning Commission. He suggested that Mr. MacDougall, who
was leaving the position, be recognized by a Resolution for
his years of service.
2. OFF-ROAD VEHICLE ENFORCEMENT (606.1)
Councilman Friess noted a letter from the Bear Brand Ranch
Board of Directors and the City Manager's response regarding
off-road vehicles. He advised of dirt bike activity in the
Peppertree Bend and San Juan Creek areas in the after-school
hours and requested enforcement of existing regulations.
CLOSED SESSION
Council recessed to a Closed Session at 8:59
legal matters involving pending litigation,
excused therefrom, and reconvened at 9:43 p.
ADJOURNMENT
p.m., for discussion of
the City Clerk being
M.
There being no further business before the Council, the meeting
was adjourned at 9:43 p.m., to the next regular meeting date of
February 5, 1985, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
v1 • CITY CLITRK
ATTEST:
GARY L. HAUSDORFER, MAYOR
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