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83-0719_CC_Minutes_Regular MeetingJULY 19, 1983 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA 245 The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Bland at 7:21 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Chuck Olson, Coast Bible Church. ROLL CALL PRESENT: Anthony L. Bland, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Bob Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Raymundo Becerra, Acting Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording Secretary. MINUTES Adjourned Regular Meeting of June 28, 1983: It was moved by Councilman Friess, seconded by Councilman Buchheim that the Minutes of the Adjourned Regular Meeting of June 28, 1983, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, and Mayor Bland NOES: None ABSTAIN: Councilmen Hausdorfer and Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Buchheim that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None -1- 7/19/83 246 PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION OF PLAQUE (PACIFIC TELEPHONE (34) Mayor Bland displayed a plaque that had been presented to the City by Pacific Telephone in honor of the cover picture on the current Orange Coast South Telephone Directory depicting two horseback riders in San Juan Creek. ORAL COMMUNICATIONS 1. CALIFORNIA STATE BUDGET (27) Mark Howell, Administrative Assistant to State Senator 011ie Speraw, advised that the State Legislature had adopted a budget and noted items of interest to the City. 2. CHAMBER OF COMMERCE FUNDING REQUEST (24) Richard Wordes, Vice President of the San Juan Capistrano (29) Chamber of Commerce, requested that funding of the Chamber portion of the Community Organization budget be held over to the next meeting to allow attendance by the Chamber Executive Director. Council concurred with his request. CONSENT CALENDAR It was moved by Councilman Schwartze, 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, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The Lists of Demands dated July 19, 1983, Warrant Registers Nos. 84-011 and 84-012, in the total amounts of $97,364.17 and $703,835.86, respectively, were approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of June 30, 1983, in the total amount of $7,060,000.00, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of June 30, 1983, in the total amount of $2,143.90,was approved as submitted. -2- 7/19/83 4. APPROVAL OF CHANGE ORDER NO. 9C - SAN JUAN CAPI 247 (52) As set forth in the report dated July 19, 1983, from the Senior Administrative Assistant, Contract Change Order No. 9C, in the amount of $8,830.03, for reconstruction of walls due to the addition of self -illuminated fire exit lights, was approved, including a 16 -day time extension. 5. HEARING DATE SET FOR APPEAL OF DENIAL OF AMBULANCE SERVICES (MEDIX AMBULANCE SERVICE, INC.) (70) As set forth in the report dated July 19, 1983, from the (67) Senior Administrative Assistant, a public hearing was set for the meeting of August 16, 1983, on the appeal filed by Medix Ambulance Service, Inc., in conjunction with the Orange County Health Officer's denial of their application to provide convalescent and emergency ambulance services within the City. PUBLIC HEARINGS 1. APPROVAL OF SEWER CONNECTION AND SERVICE CHARGES (80) This Hearing was continued from the meeting of June 21, 1983. Written Communications: (1) Report dated July 19, 1983, from the Director of Public Works, forwarding a resolution establishing new sanitary sewer service rates. (2) Letter dated July 18, 1983, from John and Elizabeth Elliott, 31102 Calle Entradero, in opposition to the proposed increase. The Director of Public Works made an oral presentation noting that staff had been directed to research methods of calculating fees in other communities for comparison purposes; that a comparison of charges was virtually impossible due to the variety of methods utilized. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) Joan Scarantino, 27441 Ortega Highway, received clarification regarding the reasons for the increase and initiated discussion regarding City accounting procedures, income, and application of monies. -3- 7/19/83 248 (2) David Hanson, 31171 Calle Del Campo, President of the Mission Glen Homeowners Association, forwarded the Association's request for a complete accounting of SERRA and the City General Fund; the City's financial support of SERRA; the reasons for the increase; and, the application of the additional monies received. He advised that the association opposed the increase and suggested that it be placed on the ballot at the next General Election. Discussion ensued and Councilman Hausdorfer suggested that the Association review the budget and meet with staff regarding their requests. Mr. Hanson further stated concerns with the impact of the increase on mobilehomes. (3) Vincent Ronca, 30783 Calle Chueca, President of Casitas Homeowners Association No. 1, stated he had not received new information on the sewer fees or information on budget meetings. He suggested that there is an inequality in the increase based on potential use of the sewer system; advised that the Casitas Homeowners Association felt the increase was too much to initiate at one time. Discussion ensued regarding the City's methods of disseminating information to the public. (4) Phil Stephens, 32138 Via Buena, stated concerns with the equality of application of sewer rates. (5) Karen Davidson, 31501 Sundance Drive, received clarification regarding future increases and cited billings received from the Santa Margarita Water District. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Council Discussion: Councilman Friess stated that a true user fee would be based on the number of persons in a home rather than the size of the home; that the City would be unable to tie sewer rates to water usage. Mr. Murphy stated that the City's figures are reflective of what is perceived as average density. Councilman Schwartze noted that lower rates are charged for mobilehomes in part because there are private systems within the parks that are not maintained or operated by the City _ which feed into public lines. Mayor Bland stated his support of the increase. Approval of Sewer Charge: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted. With the concurrence of Councilman Hausdorfer, Councilman Friess amended the motion to include direction to staff to report within two months with an evaluation of the way in which rates are applied to see if there is an alternative system that may be closer to a user fee. -4- 7/19/83 249 RESOLUTION NO. 83-7-19-1, SEWER CONNECTION CHARGES AND SERVICE CHARGES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 82-6-15-4, ESTABLISHING THE CHARGES TO BE MADE FOR ANY AND ALL SEWERAGE DISPOSAL CONNECTIONS WITH THE PUBLIC SEWERAGE SYSTEM, ESTABLISHING MAIN EXTENSION CHARGES AND SEWER SERVICE CHARGES WITHIN THE CITY OF SAN JUAN CAPISTRANO AND AREAS BECOMING PART OF THE CITY FROM AND AFTER AUGUST 1, 1983 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None The Resolution sets the following residential rates effective August 1, 1983: Single Family Units $15.40 Multiple Family Units 12.30 Mobilehomes 10.00 BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF AGREEMENT FOR LIBRARY PARKING LOT (DIOCESE OF ORANGE) (38-#434) (38) Written Communications: (52) Report dated July 19, 1983, from the Senior Administrative (63) Assistant, forwarding an agreement with the Diocese of Orange for joint use of the parking lot on E1 Horno Street for Church and Library patrons. The report recommends a revision to the agreement to strike the works "for continuance" from the last line of Article 5. Funds in the amount of $32,000 have been budgeted in the 1983-84 budget. Approval of Joint Use: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the revised agreement with the Diocese of Orange for joint use of its E1 Horno Street parking lot for Church and Library patrons, and to authorize staff to begin preparation of plans and specifications for necessary improvements. The Mayor and City Clerk were authorized to execute the document on behalf of the City. -5- 7/19/83 250 2. APPROVAL OF AGREEMENT FOR SILT REMOVAL FROM ALIPAZ STORM DRAIN - TRACT 11086 CASITAS DEL RIO ARROJADO CORPORAT 110_LLAOC% (38) Written Communications: (80) Report dated July 19, 1983, from the (85) Works, forwarding an agreement with for removal of a silt deposit in the prior to completion of the Storm Dra Alipaz Street and Camino del Avion t report advises that the work will be expense of the City and recommends a $26,250, which was the amount of the the developer for the work. Director of Public the Arrojado Corporation Alipaz Storm Drain in from its terminus at o San Juan Creek. The performed at the n expenditure of lowest bid received by Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze to approve the "Agreement for Silt Removal, Alipaz Storm Drain at Tract 11086" and to authorize the Mayor and City Clerk to execute the document on behalf of the City. An expenditure of $26,250 was authorized from the Systems Development Account 06-4706-552. RECESS AND RECONVENE Council recessed at 8:37 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:44 p.m. ADOPTION OF COMMUNITY REDEVELOPMENT AGENCY BUDGET (68) Written Communications: Resolution adopting the annual budget of the Community Redevelopment Agency in the amount of $170,000 and appropriating the amount of $185,000 from the General Fund to be paid to the Community Redevelopment Agency Administrative Fund. The funds are to be repaid at an interest rate not to exceed an average rate of return for all City investments. Adoption of Budget: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 83-7-19-2, ADOPTING COMMUNITY REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET AND APPROPRIATING FUNDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET AND APPROPRIATING FUNDS THEREFOR -6- 7/19/83 The motion carried by the following vote: AYES: NOES: ABSENT: ADMINISTRATIVE ITEMS CITY MANAGER Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland None None 251 1. 1983-84 FISCAL BUDGET - FUNDING OF COMMUNITY ORGANIZATIONS (24) Written Communications: (61) Report dated July 19, 1983, from the City Manager, forwarding funding recommendations for community organizations. The City Manager made an oral report, recommending that the requests of Concept Communications and the Chamber of Commerce be rescheduled for consideration on August 2. Councilman Friess stated concerns regarding sufficient revenue to offset these funding requests so that the City will not go into deficit spending. Approval of Funding: It was moved by Councilman Schwartze, seconded by Councilman Friess to fund the community organization requests, with the exception of Concept Communications and the Chamber of Commerce, in the total amount of $46,850; to reserve $12,500 for funding for Concept Communications subject to completion of arrangements permitting the City to use the film for fund raising activities; and, to direct staff to report to Council at the meeting of August 2. With the concurrence of Councilman Schwartze, Councilman Friess amended the motion to include direction to staff to monitor the funding and report to Council should the allocation of monies cause use of the General Fund Reserves. The motion carried unanimously. The action approves the following funding allocations: Community Counseling Center $18,000 San Juan Capistrano Historical Society 4,900 San Juan Capistrano Fiesta Association 2,000 Sister Cities Association 500 Capistrano Indian Council 1,650 South County Youth Shelter 2,800 We -Tip 1,000 Libros y Artes 10,000 Mission Archaeological Project 5,000 Laguna Beach Free Clinic 500 Human Options 500 -7- 7/19/83 r 252 DIRECTOR OF ADMINISTRATIVE SERVICES 1. ADOPTION OF RULES AND REGULATIONS GOVERNING ADDITIONS TO DESIGNATED SERVICE AREAS - CABLE TV (43) This item was continued from the meeting of July 5, 1983. Written Communications: Report dated July 19, 1983, from the Director of Administrative Services, forwarding rules and regulations for the selection of Cable TV companies to serve designated areas in the City. The report advises that the criteria is based on State regulations which empower cities to grant franchises on the basis of quality of service, rates, experience and financial responsibility. The following persons addressed Council: (1) Jean Williams, Counsel for Times Mirror Cable TV, forwarded objections to the proposed Rules and Regulations on behalf of Times Mirror Cable TV; stated that the Rules and Regulations would materially and substantially alter the rights of Times Mirror; cited court cases in support of their view; and, stated that times Mirror would be willing to work with the City to identify and overcome problems. (2) Jeff Eden, General Manager of Storer Cable TV in Laguna Niguel, stated that Storer Cable TV agrees with the City's position and is willing to support and abide by the proposed Rules and Regulations. Adoption of Rules and Regulations: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: -7-19-3. RULES AND REGULATIONS - SERVICE AREAS - CABLE TV - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR THE SELECTION OF FRANCHISEE TO SERVE DESIGNATED SERVICE AREAS FOR CABLE TELEVISION The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze and Mayor Bland NOES: None ABSENT: None -8- 7/19/83 253 CABLE TV SERVICE AREA REQUESTS (STORER CABLE TV AND TIMES MIRROR CABLE TV (43) This item was continued from the meeting of July 5, 1983. Written Communications: Report dated July 5, and resubmitted July 19, 1983, from the Director of Administrative Services, forwarding a request from Storer Cable TV to provide service to Tract 10217 (Trammel Crow) and a request from Times Mirror to provide service to Tracts 11765, 10318, and 10319. The report recommends denial of the Storer request since development of Trammel Crow is not expected to start for another two years; approval of the Times Mirror request to service Tract 11765 since wiring is complete; and, submittal of Tracts 10318 and 10319 to the Ad Hoc Committee for review under the newly adopted Rules and Regulations. Dispositionof Requests: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to deny without prejudice Storer Cable TV's request to serve the Trammel Crow development; to approve the Times Mirror request to serve Tract 11765; and, to refer Tracts 10318 and 10319 to the Ad Hoc Cable Television Committee for recommendation. 3. APPROVAL OF LIABILITY INSURANCE - POLICY AND CLAIMS ADMINISTRATION RENEWAL (49) Written Communications: Report dated July 19, 1983, from the Director of Administrative Services, forwarding an agreement with Carl Warren and Company for Claims Administration Services. The report also recommends approval of the proposal submitted by Dan Gorman Insurance for the City's General Liability and Property Insurance policy; the City will continue with the $50,000 self-insured retention program. Approval of Claims Administration/Liabilit IN It was moved by Councilman Schwartze, seconded y Councilman Hausdorfer and unanimously carried to approve the Claims Administration Services Agreement with Carl Warren and Company in the amount of $600 for the period of August 1, 1983, through July 31, 1984; and, to approve the Dan Gorman Insurance Company proposal in the amount of $15,872 for the City's General Liability and Property Insurance policy. 4. REQUEST FOR BASIC RATE INCREASE (STORER) - SET PUBLIC HEARING DATE (43) Written Communications: Report dated July 19, 1983, from the Director of Administrative Services, forwarding a request from Storer Cable TV for a $2.50 increase in their basic rate. -9- 7/19/83 25A Set Hearing Date: It was moved by Councilman Buchheim, Hausdorfer and unanimously carried to for the Council meeting of August 16, rate increase for Storer Cable TV. DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT - SERRA seconded by Councilman set a public hearing 1983, to consider a (79) Written Communications: Report dated July 19, 1983, from the Director of Public Works setting forth the status of the expansion of the existing SERRA Plant; operations and maintenance of the Plant; and, the Master Plan of Sewage Facilities. The Director of Public Works advised that a workshop was scheduled for July 20th on the City's Master Plan of Sewage Facilities and the item was scheduled for Council review on August 16th. He further advised that a tour of the Treatment Plant and a presentation of all SERRA issues was scheduled for July 28th, beginning at 3:30 p.m. With the concurrence of Council, Mayor Bland ordered the report received and filed. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF JULY 12, 1983 - APPEAL OF CONDITIONAL USE PERMIT FOR MICROWAVE TRANSMITTER (67) Mayor Bland recommended that the Commission approval of a (43) Conditional Use Permit for Storer Cable Communications to install a microwave transmitter/receiver in the GOS District of the Glendale Federal Planned Community be reviewed by the Council, and it was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to set a public hearing for the meeting of August 16 on the City Council Appeal of the Planning Commission Approval. The Report of Actions taken by the Planning Commission at their meeting of July 12, 1983, was then ordered received and filed. COUNCIL ACTIONS 1. APPOINTMENT OF TWO MEMBERS TO THE PLANNING COMMISSION (67) Written Communications: Report dated May 31, 1983, and resubmitted July 19, 1983. -10- 7/19/83 OR, Appointment of Moore and Nash: Councilman Hausdorfer nominated Ed Moore and Carolyn Nash for appointment to the Planning Commission. Councilman Schwartze seconded by nomination. There being no further nominations, it was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to appoint Ed Moore and Carolyn Nash to fill the existing vacancies on the Planning Commission. 2. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (23) Written Communications: Report dated June 9, 1983, and resubmitted July 19, 1983, forwarding a list of current appointees and active applications currently on file for each commission and board. Planning Commission: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to reappoint the three incumbent members Robert Davies, Colleen Campbell, and Dee Tyler to the Planning Commission. Architectural Board of Review: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to reappoint incumbent member Jan Hansen and new members Ed Haworth, Nancy Ferruzzo, Anne Schauwecker and Bob Ferguson to the Architectural Board of Review. Traffic and Transportation Commission: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to reappoint incumbent members Dennis Haehn, Edward Nelson, William Timoti, and Michael Villegas, and new member William Hodge to the Traffic and Transportation Commission. Parks and Recreation Commission: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to reappoint incumbent members Brett Shears, Joe Quintana, Duane Hallan, and Pauline Leonard, and new member Jim Allen to the Parks and Recreation Commission. Cultural Heritage Commission: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to reappoint incumbent members Mary Jane Forster, Natalie Mitchell, Janet Bryson, Bill Fischer, and Phil Jimenez to the Cultural Heritage Commission. -11- 7/19/83 256 Equestrian Commission: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to reappoint incumbent members Ilse Byrnes, Diane Starnes, Milton Long, and Jill Hanna and new member Richard Wordes to the Equestrian Commission. COUNCIL REMARKS 1. MOBILEHOME PARK ORDINANCE LITIGATION (23) Councilman Schwartze noted that the Supreme Court had (35) extended the deadline to July 22 to decide whether to hear the issue and further information should be available by the next Council meeting. 2. ABANDONMENT OF GREYHOUND BUS SERVICE TO CITY (88) Councilman Schwartze noted receipt of a Public Utilities Commission notice regarding a proposal by the Greyhound Bus Lines to abandon passenger service to various areas, including San Juan Capistrano and there was a consensus of Council to direct staff to investigate the situation. 3. LEAGUE OF CALIFORNIA CITIES (61) Councilman Schwartze advised that a Special Issues Seminar would be conducted on the Bullet Train at the League meeting of August 11. 4. SYCAMORE TRAILS STABLE (7.2) Councilman Friess noted receipt of a letter from Sue (23) Rothrock, 30842 Avenida de la Vista, regarding conditions at the Sycamore Trails Stable and there was a consensus of Council to refer the letter to the Equestrian Commission for review. 5. SIGNS (25) Councilman Friess requested an off -agenda report on the status of the signs at the Camelot Development on Del Obispo and Aguacate Road; noted a portable sign on the northern end of the Goeden Development next to Marguerite Parkway. _ 6. SAN JUAN CREEK ROAD TRUCK TRAFFIC (87) Councilman Friess requested action with regard to the increased truck traffic on San Juan Creek Road. 7. SEWER FEES (80) Councilman Hausdorfer requested that staff review the sewer fees and City budget with David Hanson. -12- 7/19/83 2 5'� 8. PLANNING COMMISSION STUDY (67) Councilman Hausdorfer noted that the City had participated in a study sponsored by UCI on Planning Commission effectiveness and cited ratings given to the Commission. 9. CHILD CARE TASK FORCE (56) Mayor Bland noted receipt of a letter dated July 13 from Supervisor Riley inviting recommendations for a representative to serve on a task force to study the issue of child care and suggested that the City Manager be provided with any suggestions. 10. UNITED WAY CAMPAIGN COORDINATOR (61) Mayor Bland noted receipt of a letter dated July 11 from Costa Mesa Councilwoman Norma Hertzog regarding the 1983-84 United Way Campaign and there was a consensus of Council that the Director of Recreation continue as the City's coordinator. CLOSED SESSION Council recessed to a Closed Session at 9:40 p.m., for discussion of legal and personnel matters, the City Clerk being excused therefrom, and reconvened at 10:32 p.m. There being no further business before the Council, the meeting was adjourned at 10:34 p.m., to the next meeting date of Thursday, July 28, 1983, at 3:00 p.m., in the City Council Chamber. ATTEST: 411 z ANTHONY L BLAND, MAYOR Respectfully submitted, -13- 7/19/83