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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 -1- 1/22/85 41 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. -2- 1/22/85 417 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. -3- 1/22/85 41 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 -4- 1/22/85 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) -5- 1/22/85 420 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. -6- 1/22/85 421 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. -7- 1/22/85 422 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 -8- 1/22/85 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. -9- 1/22/85 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 -10- 1/22/85 r 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. -11- 1/22/85 426 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. -12- 1/22/85 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 -13- 1/22/85