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82-0803_CC_Minutes_Regular Meeting831 AUGUST 3, 1982 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 Buchheim at 7:10 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman Friess. ROLL CALL PRESENT: Lawrence F. Buchheim, Mayor Anthony L. Bland, Mayor pro tem Kenneth E. Friess, Councilman ABSENT: Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale, Assistant City Manager/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 Regular Meeting of July 20, 1982: It was moved by Councilman Bland, seconded by Councilman Friess, that the Minutes of the Regular Meeting of July 20, 1982, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Bland, seconded by Councilman Friess that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze -1- 8/3/82 3 3 2 LIBRARY CONSTRUCTION CONTRACT (52) Council received copies of a memorandum dated July 30, 1982, from the City Manager, advising that an error had been discovered in the material submitted to Council on June 22, 1982. The correct amount of the contract awarded to Newport Harbor Construction Company for construction of the San Juan Capistrano Branch Library should have been $1,479,884.00. It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to approve the corrected contract total, including the base bid of $1,479,884.00 and Alternates Nos. 7 (marble or quartze in lieu of slag), 13 (study corrals), 14 (motorized screen), 15 (table lamps), and,16 (gas in lieu of electric heat pumps). PRESENTATIONS AND COMMENDATIONS 1. SPECIAL RECOGNITION OF LONG-TERM EMPLOYEES (66) Mayor Buchheim advised that the following employees were eligible to receive special recognition for their long-term employment with the City: Employee Length of Service Award James (Tito) Olivares) 15 years, 8 months Meritorius Service Ruth Marquard 13 years, 4 months Commendation Robert (Bobby) Banda 13 years, 3 months Commendation Jack Galaviz 13 years, 1 month Commendation Robert (Tommy) Thompson 11 years, 11 months Commendation It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to approve presentation of the Certificates, and Mrs. Marquard and Mr. Banda were present to receive the Certificates. Mayor Buchheim expressed the Council's recognition of the value and resource represented by these employees and thanked them for their loyalty and service to the City. 2. ANNUAL EMPLOYEE PERFORMANCE AWARDS (66) Mayor Buchheim advised that Employee Performance Awards are presented annually by the City Council to recognize and honor outstanding work performance by City employees. The following employees were selected and were present: Employee Department Robert Banda Public Works' Department Jeanne Beck Community Planning and Development Department Cathy DuCoing City Clerk's Department Cynthia Ferguson Public Works' Department Mayor Buchheim presented checks in the amount of $1,000.00 to each of the employees and commended them for their outstanding performance. -2- 8/3/82 ORAL COMMUNICATIONS 1. COMMUNITY REDEVELOPMENT UBLIC USE EAS 3 el3 Marilyn Williams, 29931 Camino Capistrano, addressed the following items: (23) Public Use Easements: Mrs. Williams cited concern at the burden that would be placed on individuals for maintenance of equestrian trails; questioned the number of persons using the trails who reside outside the City; and expressed concerns regarding City -subsidized stables in Cook Park. (68) Community Redevelopment Agency: Mrs. Williams requested that approval of the ordinance initiating formation of a Community Redevelopment Agency be delayed until costs and descriptions of the project and support areas are available; it was suggested that the matter be put to a vote of the citizens. 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, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze 1. APPROVAL OF WARRANTS (41) The List of Demands dated August 3, 1982, Warrant Register No. 83-014, in the total amount of $722,939.56, was approved as submitted. 2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances as of June 30, 1982, was approved as submitted. 3. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF (23) The report dated August 3, 1982, from the Secretary of the Cultural Heritage Commission, regarding actions taken at the meeting of July 20, 1982, was ordered received and filed. -3- 8/3/82 3 34 4. REPORT OF PARKS AND RECREATION COMMISSION (62) The report dated August 3, 1982, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of July 19, 1982, was ordered received and filed. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF JULY 14, 1982 AND JULY 28, 1982 (23) The report dated August 3, 1982, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of July 14, 1982, and July 28, 1982, was ordered received and filed. 6. AMENDMENT TO AGREEMENT - LITTER CLEAN-UP PROGRAM (COUNTY OF ORANGE) (38) As set forth in the report dated August 3, 1982, from the Director of Public Works, the Contract Modification to the "Agreement Litter Clean-up Program," providing for City litter clean-up by a 10 -member Juvenile Court work crew at a cost of $150 per day, including provisions for a 10% per person cost reduction for crews composed of less than 10 people, was approved and execution of the document authorized. 7. CHANGE ORDER NO. 1, EXTENSION OF TIME - TRUNKLINE SEWER (CAPPELLO) (80) To avoid disruption of the Youth Baseball Program by reconstruction of the Trunkline Sewer from the SERRA Treatment Plant to Victoria Boulevard, Change Order No. 1, a 20 -day time extension to August 14, 1982, was approved, as set forth in the report dated August 3, 1982, from the Director of Public Works. 8. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - 1982 WEED ABATEMENT PROGRAM (MOONEY) (74) The initial Weed Abatement Program for 1982 has been completed, as set forth in the report dated August 3, 1982, from the Director of Public Works. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 82-8-3-1, COMPLETION OF WEED i-joZ - H t(rOv7 u"Un yr 1nr. �Xx vv ULV l.1L " i , CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO THE ABATEMENT OF WEEDS AND OTHER NOXIOUS AND PUBLIC NUISANCES IN THE CITY OF SAN JUAN CAPISTRANO -4- 8/3/82 The Resolution accepts the project as complete and directs3 35 the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. The payment status is as follows: Total Cost to Date $31,394.70 Less 10% Retention 3,139.47 Less Progress Payment No. 1 14,672.02 Less Progress Payment No. 2 3,976.75 Amount Due This Payment $ 9,606.46 Staff was authorized to make payment to Herbert J. Mooney as indicated; payment of the 10% retention was authorized 35 days after recordation of the Notice of Completion. 9. ACCEPTANCE OF EASEMENT FOR STREET AND HIGHWAY PURPOSES, (74) To correct encroachment conflicts due to construction of a bicycle trail over property adjacent to and southerly of Calle Arroyo and westerly of La Novia, and owned by the Capistrano Acres Mutual Water Company, the Easement Deed was accepted and purchase of the right-of-way (a portion of Parcel I, Assessment District 78-3), in the amount of $3,586.28, was approved, as set forth in the report dated July 28, 1982, from the Director of Public Works. Staff was directed to make payment as indicated and to forward the Easement Deed to the County Recorder for recordation. 10. CLAIM AGAINST THE CITY (AGUILAR) (35) Council received copies of an Additional Agenda Item dated August 3, 1982, from the City Clerk, advising that with regard to a "Claim of Injury and Compensation" received by the City on July 26, 1982, the City's Claims Administrator had advised that a Notice of Insufficiency must be mailed to the claimant no later than August 15, 1982. The City Clerk was authorized and directed to forward said Notice to the claimant prior to August 15, 1982. PUBLIC HEARINGS CONFIRMING COST REPORT - 1982-83 LANDSCAPE MAINTENANCE DISTRICT CHARGES, TRACTS 7673, 8485, 9382, 9284, 9373 AND 7654 (74) Proposal: Confirmation of charges to be assessed in conjunction with the Landscape Maintenance Districts in Tracts 9382, 8485, 7654, 9284, 7673 and 9373. -5- 8/3/82 336 Applicant: This was a City -initiated Hearing. Written Communications: Report dated August 3, 1982, from the Director of Public Works advising that notification of the Hearing had been posted and mailed to residents of the affected tracts and that a committee meeting to discuss the Districts' maintenance level had been held. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and there being no response, the Hearing was closed with the right to re -open at any time. Confirmation of Cost Report: It was moved by Councilman Bland and seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 82-8-3-2, CONFIRMING COST REPORT - 1982 LANDSCAPE MAINTENANCE DISTRICTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1982 LANDSCAPE MAINTENANCE DISTRICT CHARGES IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze The Resolution adopts the following assessments and directs that the report be forwarded to the County Assessor for inclusion on the 1982-83 tax rolls: Tract Assessment Per Parcel 9382 $379 8485 168 7654 391 9284 542 7673 132 9373 213 Mayor Buchheim thanked City field crews for their continuing observation and report on conditions in the District. -6- 8/3/82 2. CONFIRMING COST REPORT - 1982 WEED ABATEMENT CHARGES 3 :317 (74) Proposal: Confirmation of the charges to be assessed for the 1982 Weed and Hazard Abatement Program. Applicant: This was a City -initiated Hearing. Written Communications: Report dated August 3, 1982, from the Director of Public Works advising that the Cost Report itemizing the assessed charges was posted at City Hall from July 23, 1982, through August 10, 1982. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and there being no response, closed the Hearing with the right to re -open. Confirmation of Charges: It was moved by Councilman Bland and seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 82-8-3-3, CONFIRMING COST REPORT - 1982 WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1982 WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze The Resolution finds the charges for weed abatement acceptable; authorizes the Hearing Officer to accept payment due on the abatement until August 6, 1982; and directs that a copy of the "City of San Juan Capistrano, Weed Abatement - 1982" Report be sent to the County Assessor and Tax Collector. The report must be forwarded no later than August 10, 1982. 3. APPEAL OF PLANNING COMMISSION DECISION - MODIFICATION TO CONDITIONAL USE PERMIT 78-1, CAMINO CAPISTRANO CAR WASH (NAPOLI) (39) Proposal: Appeal of the Planning Commission's June 29th denial of a request to modify Conditional Use Permit 78-1 by replacing the car detail service with an auto repair service in conjunction with the Capistrano Car Wash. -7- 8/3/82 338 Appellant: John Napoli, 33252 Astoria, Dana Point, 92629. Written Communications: Report dated August 3, 1982, from the Acting Director of Community Planning and Development forwarding the Planning Commission's concerns regarding traffic conflicts and a recommendation of denial. Exhibits were on display and Tom Tomlinson, Associate Planner, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and the following persons responded: (1) John Napoli, appellant, addressed Council in support of his request. (2) Goultekin Ashik, 3302 Palo Alto Street, Dana Point, 92629, cited opposition to the proposal. (3) Robert Davies, Planning Commission representative, reiterated the Commission's concerns. There being no one else wishing to address the Council, the Hearing was closed with the right to re -open at any time. Council discussed the proposed circulation alternatives and traffic volumes that could be generated by the car wash and auto repair, as well as means of alleviating the situation. Denial Without Prejudice: It was moved by Councilman Bland to deny the request for modification of Conditional Use Permit 78-1. Councilman Friess seconded the motion with the understanding that the denial was without prejudice to allow the appellant to submit further proposals directly to the City Council. Council concurred, and the motion carried unanimously. 4. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - INSTRUCTIONAL USES IN THE CT (TOURIST COMMERCIAL) DISTRICT (39) Proposal: An amendment to the Municipal Code to permit meetings and seminars conducted by non-profit organizations as an accessory use in the CT (Tourist Commercial) District upon approval of a Conditional Use Permit. The amendment was initiated by Council in April, 1982, at the request of the Christ Unity Church of San Juan Capistrano. -8- 8/3/82 339 Written Communications: Report dated August 3, 1982, from the Acting Director of Community Planning and Development, forwarding the Planning Commission's recommendation of approval and Staff's recommendation that the required Conditional Use Permit be reviewed by the Planning Commission rather than the Zoning Administrator, due to possible significant impacts on the CT District. Public Hearing: Notice having been given as required by law, Mayor Buchheim opened the Public Hearing and the following person responded: (1) Reverend Walter Jones, Minister of Christ Unity Church, addressed Council in favor of the amendment. There being no one else wishing to address Council, the Hearing was closed with the right to re -open. Introduction of Ordinance No. 468/Approval of Instructional Uses in the CT District: 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 Friess and seconded by Councilman Bland that the following Ordinance be introduced: ORDINANCE NO. 468, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - INSTRUCTIONAL USES IN THE TOURIST COMMERCIAL (CT) DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.411 OF THE MUNICIPAL CODE TO PERMIT INSTRUCTIONAL USES IN THE TOURIST COMMERCIAL (CT) DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze ORDINANCES 1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - ESTABLISHMENT OF 35 M.P.H. SPEED LIMIT ON CAMINO LA RONDA (87) Written Communications: Report dated August 3, 1982, from the City Clerk, advising that the Ordinance was regularly introduced at the meeting of July 20, 1982, and is scheduled for adoption. -9- 8/3/82 3 40 Adoption of Ordinance No. 465: 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 Friess that the following Ordinance be adopted: 465, AMENDMENT TO TITLE 4 - 35 ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE (35 M.P.H. - CAMINO LA RONDA) The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze 2. REZONE 82-7, PROPERTY LOCATED AT THE TERMINUS OF DON JUAN AVENUE (FRYAN) (85) Written Communications: Report dated August 3, 1982, from the City Clerk advising that the Ordinance was regularly introduced at the meeting of July 20, 1982, and is scheduled for adoption. Adoption of Ordinance No. 466: The A ­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 Friess that the following Ordinance be adopted: ORDINANCE NO. 466, REZONE 82-7 (FRYAN) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 649-271-62 LOCATED AT THE TERMINUS OF DON JUAN AVENUE FROM RD (GARDEN HOMES) TO PD (PLANNED DEVELOPMENT) The motion carried by the following vote: AYES: Councilman Bland and Mayor Buchheim NOES: Councilman Friess ABSENT: Councilmen Hausdorfer and Schwartze -10- 8/3/82 3. AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - 3 4 Y ADOPTION OF NATIONAL ELECTRICAL CODE, 1981 EDITION, AND AMENDMENTS TO TITLE 8, BUILDING REGULATIONS (25) Written Communications: Report dated August 3, 1982, from the City Clerk advising that the Ordinance was regularly introduced at the meeting of July 20, 1982, and is scheduled for adoption. Adoption of Ordinance No. 467: 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 Friess, seconded by Councilman Bland that the following Ordinance be adopted: NO. 467, AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE (NATIONAL ELECTRICAL CODE AND BUILDING REGULATIONS) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 8 OF THE MUNICIPAL CODE SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, 1981 EDITION, AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1981 EDITION, TOGETHER WITH CERTAIN AMENDMENTS THERETO AND DELETING THE 1978 EDITION OF THIS SAME NATIONAL ELECTRICAL CODE, AND ADOPTING CERTAIN ADDITIONS AND AMENDMENTS TO THE MUNICIPAL BUILDING REGULATIONS The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze 4. AMENDMENT TO TITLE 2 OF THE MUNICIPAL CODE - ELECTION OF COMMISSION/BOARD OFFICERS (55) Written Communications: Report dated August 3, 1982, from the Administrative Assistant to the City Manager, advising that the Municipal Code currently provides that elections of Commission and Board Chairmen and Vice -Chairmen are to take place annually at the first regular meeting in May; that the terms of office are to expire on June 30th following Council review of commission/board appointments; and, citing possible situations that could occur due to non -reappointment of commission/board members by Council. The report forwards a proposed Ordinance to change the date of election of Commission and Board Chairmen and Vice -Chairmen to the first regular meeting date in July. -11- 8/3/82 342 Introduction of Ordinance No. 469: 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 Friess, seconded by Councilman Bland that the following Ordinance be introduced: ORDINANCE NO. 469, ELECTION OF COMMISSION/BOARD OFFICERS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE FIRST PARAGRAPH OF SECTION 2-2.108, ARTICLE 1, CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze PROPOSED COMMUNITY REDEVELOPMENT AGENCY - ACTIVATION AND ORGANIZATION (68) Written Communications: Report dated August 3, 1982, from the City Manager forwarding an Ordinance prepared in response to Council direction of July 6, 1982, declaring the need for a Community Redevelopment Agency and declaring that the Council will act as the Agency. The City Manager explained the procedures and time limits involved in formation of a Community Redevelopment Agency and the necessary review by all governmental agencies that would be affected. Studies would be done to determine the project area and the specifics to be accomplished by the Agency. Public Input: (1) Al Arps, 32302 Alipaz Street, Space 158, addressed Council in support of allowing citizens to vote on the matter and expressed concerns regarding financial impacts. Continuance: Council discussion included the commitment to ample opportunity for public input; the possibility of putting the plan to a vote of the people; and assurances that the process may be terminated at any time. It was then moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to continue consideration of the matter for full Council discussion and participation. -12- 8/3/82 RESOLUTIONS 343 1. SETTING SEWER TAX RATE (86) Written Communications: Report dated August 3, 1982, from the Assistant City Manager/Director of Administrative Services forwarding a resolution establishing and imposing an ad valorem sewer bond tax rate of .00625% of the full value of secured real property, pursuant to Section 93 of the California Revenue and Taxation Code. Approval of Tax Rate: It was moved by Councilman Friess, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 82-8-3-4, ADOPTING SEWER BOND TAX RATE - FISCAL YEAR 1982-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AND IMPOSING AN AD VALOREM SEWER BOND TAX RATE FOR THE 1982-83 FISCAL YEAR The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze 2. AMENDING THE 1981-82 FISCAL BUDGET (24) Written Communications: Report dated August 3, 1982, from the Assistant City Manager/Director of Administrative Services, forwarding a resolution to approve changes to the 1981-82 Fiscal Budget and to authorize amendments in fund appropriations as a result of labor negotiations, changes in the priorities of capital and special projects and object accounts overruns. The amendment will result in an overall change of $1,490,700. Approval of Budget Amendments: It was moved by Councilman Bland, seconded by Councilman Friess that the following Resolution setting forth changes in the 1981-82 Fiscal Budget be adopted: RESOLUTION NO. 82-8-3-5, AMENDING THE 1981-82 FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE 1981-82 FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS -13- 8/3/82 3 44 The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze _ 3. APPLICATION FOR ROBERTI-Z'BERG OPEN SPACE AND RECREATIONAL STANDARD FUNDS - BENCHES AND BLEACHERS (C. RUSSELL COOK PARK AND MARCO FORSTER FIELDS) (62) Written Communications: Report dated August 3, 1982, from the Administrative Assistant to the City Manager, advising that due to the 1980 census, the City is eligible to receive $2,313 from the Roberti-Z'Berg Urban Open Space Program. The grant requires 25% in non -State matching funds. Purchase of benches and bleachers for Cook Park and Marco Forster fields at a cost of $3,656 was recommended. Approval of Funding Application: It was moved by Councilman Bland, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 82-8-3-6, APPROVING APPLICATION FOR ROBERTI-Z'BERG OPEN -SPACE AND RECREATION GRANT FUNDS - BENCHES AND BLEACHERS (COOK PARK AND MARCO FORSTER ITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERT-Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM - BENCHES AND BLEACHERS (COOK PARK AND MARCO FORSTER FIELDS) The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None ABSENT: Councilmen Hausdorfer and Schwartze BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENT TO PARTICIPATE IN SERRA PROJECT COMMITTEE NO. 16 COGENERATION FACILITIES (79) Written Communications: Report dated August 3, 1982, from the Director of Public Works, forwarding an agreement for City participation in Project No. 16, for construction of a regional solids handling facility at the J. B. Latham Regional Wastewater Treatment Plant. The Capistrano Beach Sanitary District site is no longer available; therefore, a transfer of funds from Project -14- 8/3/82 345 Committee No. 11 (Solids Handling Facility at the Capistrano Beach Sanitary District site) to Project Committee No. 16, in the amount of $318,560.95 was recommended, along with a close-out of Project Committee No. 11. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to approve the agreement for City participation in SERRA Project Committee No. 16; to authorize the Mayor and City Clerk to execute the agreement on behalf of the City; and, to approve the proposed budget for Project Committee No. 16 of $318,560.95 and the City's proportionate share of $62,123.25. ADMINISTRATIVE ITEMS CITY CLERK 1. PUBLIC USE EASEMENTS FOR EQUESTRIAN/HIKING TRAILS (73) Written Communications: (23) Report dated August 3, 1982, from the City Clerk/Equestrian Commission Secretary, forwarding recommended standard statements to provide for unrestricted public use of equestrian/hiking trails in the City, as requested by Council on July 6. The statements cover (a) granting of public use easements, whereby individuals would allow use and provide maintenance of easements for equestrian/hiking trail purposes, but also use such easements for personal purposes not inconsistent with trail uses; and (b) proposed tract map conditions, whereby both General Plan Trails and Feeder Trails would be maintained by the Homeowners Association and/or the owner of property immediately adjacent to the trail, with the public having a perpetual right to use such trails. The City Clerk advised that the question of use of public easements had arisen due to the current practice of requiring irrevocable offers of dedication whereby trails are improved to City standards, but are private until the City accepts the irrevocable offer and maintenance responsibilities. As an example, the Hunt Club trails have been closed to public use pending trail acceptance by the City. Councilman Friess cited concerns with requiring individuals to maintain trails and suggested that trails be maintained by the community at large; Councilman Bland suggested a type of user fee to support trail maintenance. Approval of Public Use Easements: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to approve the statement regarding public use easements and to take no action on the statement regarding the proposed tract map conditions. -15- 8/3/82 346 CITY ATTORNEY 1. DISPERSAL OF PUBLIC GATHERINGS (70) Written Communications: Report dated August 3, 1982, from the City Attorney advising that annoyances or appearances are not sufficient reason to prohibit the assembly of persons where neither the public peace nor any law is being violated. Referral to Staff: Councilman Bland suggested consideration of an alcoholic beverage enforcement ordinance relating to parks and Councilman Friess requested information regarding experiences of other cities. There was a consensus of Council that the matter be referred back to staff. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. TRACT DIRECTIONAL SIGN PROGRAM (25) Written Communications: Report dated August 3, 1982, from the Acting Director of Community Planning and Development, forwarding draft Code amendments for the following: (1) An interim flag or pennant Code amendment which would allow up to 6 temporary on-site pennants displayed for a period of 90 days and subject to possible time extensions. The amendment was presented as an urgency ordinance which would expire automatically 90 days after adoption, at which time the present Code prohibition would be restored. (2) A directional sign amendment which would provide for: (a) A consolidated directional sign structure, up to 10 feet high, which would be placed in the public right-of-way and identify several residential projects; and (b) Individual directional signs, up to 12 square feet in area and 6 feet high to be placed along an arterial leading to development projects. Also forwarded was a resolution imposing sign rental fees for Council consideration. Larry Lawrence, Senior Planner, made an oral presentation and advised that the item was presented at the direction of Council on July 20. Public Input: (1) Bruce Froehlich, representing Goeden Development, 17702 Cowan, Irvine, spoke in support of the amendments, including the directional flags, and suggested the time be extended to 6 months rather than 90 days. -16- 8/3/82 347 (2) Thalia Cutler, 30171 Silver Spur, representing San Juan Beautiful, spoke in opposition, citing past history leading to current prohibitions on such signs. (3) Carolyn Nash, 32906 Avenida Descanso, spoke in opposition to the amendments; stated they were unfair to the rest of the business community; but advised she could support a central information center. (4) Barbara Davies, 29391 Edgewood Road, opposed the proposed directional signs, but also cited support for a central information center. (5) Robert Davies, representing the Planning Commission, discussed the Commission's July 27 action. (6) Tim Kruer, developer, cited his support of the present ordinance; advised that the ladder -type signs as seen in Rancho Mirage would be an asset to the community and an improvement over the current "bootleg" signs. Council Discussion: Councilman Friess cited support for signs that would eliminate the placard signs currently allowed on weekends and discussed concerns regarding the housing market. He noted that unsold homes are detrimental to the community. Councilman Bland cited concern that the program would not remain short-term, advising that the problem is the economy; further, that to support the program would be inconsistent with past City actions. He advised that a central information center could be an acceptable solution and that consideration should be given to other options than those presented. Referral to Planning Commission: It was moved by Councilman Friess to forward the issue to the Planning Commission for report and recommendation. The motion was seconded by Councilman Bland with the understanding that a central information office and additional alternatives be considered, and the motion carried unanimously. 2. APPEAL OF PLANNING COMMISSION DECISION - EXTENSION OF TIME A.C. 79-10 - MODULAR BUILDINGS (ST. MARGARET OF SCOTLAND (68) Proposal: Appeal of the Planning Commission's May 25 denial of a two-year extension on the approval of temporary structures until construction is completed on the high school and Great Hall. Apellant: St. Margaret's School, 31641 La Novia Avenue, P.O. Box 639, San Juan Capistrano. Written Communications: Report dated August 3, 1982, from the Acting Director of Community Planning and Development, forwarding the Planning Commission's concerns regarding establishment of a precedent for allowing temporary structures, and staff's recommendation to approve the request. -17- 8/3/82 348 Approval of Appeal: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to approve the two-year time extension for two temporary structures subject to the following conditions: (1) In the event that a site plan and architectural elevations for the high school are not submitted to - the City's Architectural Board of Review on or before August 30, 1982, the approval shall be null and void. (2) Within 90 days of the issuance of a use and occupancy permit for the high school, the temporary structure used for classrooms shall be removed; and, within 90 days of the issuance of a use and occupancy permit on or before June 25, 1984, the temporary structure for the Great Hall shall be removed from the site. RECESS AND RECONVENE Council recessed at 9:55 p.m., and reconvened at 10:02 p.m. 3. STATUS REPORT - LOS RIOS HOUSING (23) Written Communications: Report dated August 3, 1982, from the Acting Director of Community Planning and Development, submitting an update on the implementation of the Los Rios Precise Plan, including accomplishments to date and remaining programs to be implemented. The report advises that the City has received $1,016,672 in Housing and Community Development Block Grant Funds, which have been used to support the existing neighborhood infrastructure improvements, to rehabilitate structures, and to purchase property. With the concurrence of Council, Mayor Buchheim ordered the report received and filed. 4. HOUSING AND COMMUNITY DEVELOPMENT ACT 7th YEAR PROJECT (38) Written Communications: Report dated August 3, 1982, from the Acting Director of Community Planning and Development, forwarding an agreement with the County of Orange for Housing and Community Development Block Grant Funds in the amount of $175,000, for development - of a sewer system in the Little Hollywood area. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to approve the seventh year Housing and Community Development Block Grant operating agreement, Contract No. C26636, in the amount of $175,000, and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. -18- 8/3/82 DIRECTOR OF PUBLIC WORKS REVISED DEVELOPMENT 349 TO PROVIDE FOR PRIVATE STREETS - (85) Written Communications: Report dated August 3, 1982, from the Director of Public Works forwarding a request from the developers of the Hidden Mountain project, Tract 9786, to change development concept plans by redesignating unconstructed public streets as private streets and constructing a private entrance/exit gate, since the project is to be marketed as a lot sale subdivision. Approval of Request: It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to approve the concept of converting public streets to private streets in Tract 9786, subject to preservation of rights of access for adjacent properties. STATUS REPORT - HILLSIDE CUSTOM HOMES: COLOR, REFLECTIVITY, AND SOLAR ROOF INSTALLATIONS (25) Written Communications: Report dated August 3, 1982, from the Director of Public Works and the Director of Community Planning and Development forwarding draft Code amendments to add regulations on color and reflectivity to the Hillside Management regulations, and to add specific controls to the Building Code regulations for installation of solar energy roof installations. Referral to Planning Commission: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to refer the draft amendment to Section 9-3.505 of the Municipal Code, regarding color and reflectivity of hillside custom homes, to the Planning Commission for report and recommendation. The amendment to Title 8 of the Municipal Code, regarding installation of solar systems was incorporated in Ordinance No. 467 which was adopted earlier in the meeting. 3. STATUS REPORT - SOLID WASTE COLLECTION (45) Written Communications: Report dated August 3, 1982, from the Director of Public Works advising of the July 13th action of the County Board of Supervisors in establishing gate fees at County landfills of $7 per ton for residential trash and $8 per ton for sludge, and citing possible impacts on the City. The fees would become effective October 11. The City Manager advised that the League of California Cities had passed a resolution that adoption of the fees would pose difficulties for cities that should have been addressed; further, that there was support by some cities to initiate a lawsuit. -19- 8/3/82 3 50 Consideration in Closed Session: With the concurrence of Council, Mayor Buchheim ordered the report received and filed and advised that the matter will be taken up in a closed session to determine impacts on the City and litigation potential. 4. PURCHASE OF FLOWMETER FOR MONITORING CITY SEWAGE FLOW (80) Written Communications: Additional Agency Item dated August 3, 1982, from the Director of Public Works, requesting Council authorization to purchase the Marsh-McBirney Flowmeter as recommended by the consulting engineering firm. The authorization was requested since the total expenditure for purchase and installation exceeds the amount necessary to require formal bidding, and only one vendor in Southern California can obtain the meter. Authorization to Purchase Flowmeter: It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to authorize the purchase of the Marsh-McBirney Flowmetering equipment at an expenditure of $7,500. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF JULY 27, 1982 (67) The Report of Actions taken by the Planning Commission at their meeting of July 27, 1982, was ordered received and filed. COUNCIL ACTIONS 1. ACCEPTANCE OF RESIGNATION FROM ORANGE COUNTY HEALTH PLANNING COUNCIL (JERRY KAUFMAN) (56) It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to accept the resignation of Jerry Kaufman as the City's Delegate to the Orange County Health Planning Council and to direct that notices be prepared and posted to solicit applications for the positions of Delegate and Alternate. - REMARKS 1. RECOGNITION OF LONG-TERM EMPLOYEES (66) Mayor Buchheim directed staff to review the current practice of awarding certificates in recognition of long-term employment with the City. -20- 8/3/82 351 2. ORANGE COUNTY MASTER PLAN OF RIDING/HIKING TRAILS (62) Mayor Buchheim advised that Orange County will consider amending its Master Plan of Riding/Hiking Trails to include trails into San Juan Capistrano from Caspers Park, Laguna Niguel and San Clemente. Authorization to Sign Letter: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to authorize Mayor Buchheim to sign a letter to the County Board of Supervisors urging approval of the proposed amendments to the Master Plan of Riding/Hiking Trails. ADMINISTRATIVE ITEMS CITY MANAGER 1. 1982-83 BUDGET PRESENTATION (24) Written Communications: Report dated August 3, 1982, from the City Manager forwarding the 1982-87 Budget and proposed schedule of meetings. Following a brief discussion, there was a consensus of Council that the schedule of meetings for budget consideration be accepted. CLOSED SESSION Council recessed to Closed Session at 10:30 p.m. for discussion of legal and personnel matters, the City Clerk being excused therefrom and reconvened at 11:16 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:16 p.m. to Tuesday, August 10, 1982, at 7:00 p.m. in the San Juan Hot Springs Dance Hall. ATTEST: RENCE F. BUCHR EIM, MAYOR Respectfully submitted, i a • -21- 8/3/82