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80-1203_CC_Minutes_Regular Meeting105 DECEMBER 3, 1980 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 Hausdorfer at 7:02 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Roger Boatman, Community Christian Church. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem, Arrived at 7:30 P.M. Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of December 3, 1980 It was moved by Councilman Buchheim, seconded by Councilman Bland that the Minutes of the Regular Meeting of December 3, 1980, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Bland that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze ORAL COMMUNICATIONS 1. REQUEST FOR ENDORSEMENT OF USE (OLD FIRE STATION BUILDING) (76) James Judge, representing the Bright Light Center, 1604 W. (61) Santa Ana Boulevard, Santa Ana, California 92703, addressed (42) the Council to request endorsement of the use of the old fire station buildings for a program to aid the visually handicapped. The buildings, located in the area of E1 Horno Street and La Montanza, were recently vacated by the fire service. -1- 12/3/80 With Council concurrence, Mayor Hausdorfer referred the request to the Director of Community Planning and Development for consideration of land use and discussion with Mr. Judge. The Mayor also noted that the residents of the area should be aware of any such proposals for use of the buildings. WRITTEN COMMUNICATIONS 1. REQUEST FOR TIME EXTENSION, TRACT 9784 (MISBIN) (85) Council received copies of a letter dated November 24, 1980, from Morris Misbin requesting a time extension on Tentative Tract Map No. 9784 for a period of six months to June 20, 1981. The letter states that all conditions of approval have been met except payment of fees and acquisition of right-of-way from the Meredith Canyon Homeowners Association. With Council concurrence, Mayor Hausdorfer referred the letter to the Planning Commission, pursuant to the Land Use Code. PUBLIC HEARINGS 1. PROPOSED SALE OF CITY PROPERTY - TWO PARCELS LOCATED ADJACENT TO ALIPAZ STREET AND CALLE LUCANA Proposal (73) A City -initiated Public Hearing, pursuant to Resolution of Intent No. 80-11-5-3, adopted November 5, 1980, to receive public comment regarding the proposed sale of two parcels of public land located at Alipaz Street and Calle Lucana. Written Communications: Report dated December 3, 1980, from the Director of Public Works. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing; and, there being no response, declared the Hearing closed. Council noted that use of funds derived from the sale would be considered during review of capital project allocations. Councilmen Buchheim and Friess indicated they would investigate appraisal services. Call for Bids: It was moved by Councilman Bland, seconded by Councilman Buchheim and unanimously carried to direct the City Clerk to advertise for bids for the properties known as Assessors' Parcels No. 649-202-01 and No. 649-203-01, within 30 days, the bids to be considered by Council on January 21, 1981. 2. AMENDMENTS TO TITLE 9 OF THE MUNICIPAL CODE, LAND USE (INTRODUCTION) (55) Proposal: Adoption of proposed amendments to Title 9 of the Municipal Code dealinc, with procedure and application. The proposed amendments refer to Subdivisions of Land; Commercial Manufacturing Districts; Fences, Walls, and Hedges; Visability at Intersections; Swimming Pools; and Measurements of Lot Areas and Setbacks. Written Communications: Report dated December 3, 1980, from the Director of Community Planning and Development forwarding the October 28th Planning Commission recommendation of approval. -2- 12/3/80 1©7 Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing; and, there being no response, declared the Hearing closed. Introduction of Ordinance No. 413: 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 Buchheim, that the following Ordinance be introduced: ORDINANCE NO. 413, CODE AMENDMENT 80-3 - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 9 OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze Noise Regulations, Swim Pool Equipment: (59) Preparation of guidelines for hours of operation of swim pool equipment and review of existing methods of noise control were referred to the Director of Community Planning and Development. 3. PROPOSED CAPITAL PROJECT PRIORITIES FOR THE 1980-81 FISCAL YEAR (24) Written Communication: Report dated December 3, 1980, from the City Manager recommending that the Hearing be continued. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing; and, there being no response, declared the Hearing closed. With Council concurrence, Mayor Hausdorfer directed that the Public Hearing be continued to the meeting of January 21, 1981, at 7:00 P.M. in the City Council Chamber. BIDS, CONTRACTS, AGREEMENTS 1. MASTER PROPERTY TAX TRANSFER AGREEMENT FOR ANNEXATIONS (nnTTTTTV n,,, nnAMT V) (21) Written Communications: (86) Report dated December 3, 1980, from Assistant City Manager/ Director of Administrative Services forwarding an agreement between the City and the County of Orange for allocation of property tax revenues for annexations of unincorporated areas by the City since January 2, 1978, pursuant to Section 99(d) of The Revenue and Taxation Code. Since the Mogan Annexation was recorded on November 17, 1978, the area of the annexation is affected by the Agreement. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to approve the Master Property Tax Transfer Agreement with the County of Orange to provide for property tax exchange in areas annexed by the City; the Mayor and City Clerk were authorized to execute the Agreement. -3- 12/3/80 Councilman Schwartze arrived at 7:30 P.M. and assumed his duties. 2. APPROVAL OF AGREEMENT FOR CIRCULATION STUDY WITH COUNTY OF ORANGE AND CITY OF SAN CLEMENTE (44) Written Communications: (56) Report dated December 3, 1980, from the Director of Public Works,. forwarding an Agreement between the City of San Juan Capistrano, the City of San Clemente and the County of Orange, to conduct a cooperative circulation study. This study will determine the circulation system required by the land uses projected by the Cities and the County to prepare an environmental impact report. The City of San Juan Capistrano's participatory share of the $17,500 study would be $5,800, plus an allocation of approximately $4,000 for — City staff time. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to approve the Agreement for the San Clemente/San Juan Capistrano Circulation Study with the County of Orange, to authorize the Mayor and City Clerk to execute the document on behalf of the City, and to authorize the expenditure of $5,800 from the Traffic Safety Fund. The initial circulation study agreement approved on September 3, 1980, is rescinded. CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following items on the Consent Calendar be approved. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated December 3, 1980, Warrant Register No. 81-061, in the total amount of $611,423.98, was approved as submitted. 2. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (23) The report dated December 3, 1980, from the Secretary, Cultural Heritage Commission, regarding actions taken by the Cultural Heritage Commission at the regular meeting of November 18, 1980, was ordered received and filed. 3. TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF NOVEMBER 6, 1980. AND NOVEMBER 20. 1980 (23) The report dated December 3, 1980, from the Director of Public Works, regarding actions taken at their November 6, 1980, and November 20, 1980, meetings was ordered received and filed. 4. ACCEPTANCE OF STREET RIGHT-OF-WAY, ORTEGA HIGHWAY (CHURCH OF NAZARENE) (73) The right-of-way for Ortega Highway adjacent to Parcel Map (74) 79-858 was accepted from the Church of the Nazarene, pursuant (85) to the conditions of approval and in conjunction with Assessment District 78-3. The City Clerk was directed to record the document with the Orange County Recorder. -4- 12/3/80 100 5. PARCEL MAP 80-851, LOCATED ON RANCHO VIEJO ROAD (CROW-TRAMMELL) (85) At the request of the developer, consideration of Parcel Map 80-851 was continued to a future meeting. 6. AWARD OF CONTRACTS - SDG&E PARKSITE, TRACT 7673 a) Equestrian/Hiking Trail (Hondo Company, Inc.) (38) The low bid was accepted from Hondo Company, of Santa Ana, (62) in the amount of $13,901.00 for the construction of the (85) equestrian/hiking trail at the proposed SDG&E Parksite, and the Mayor and City Clerk were authorized to execute the document on behalf of the City. b) Landscaping, Drainage, Irrigation (California Landscape, Inc.) The low bid was accepted from California Landscape, Inc., in the amount of $29,101.60 for landscaping, drainage and irrigation at the SDG&E parksite, and the Mayor and City Clerk were authorized to execute the document on behalf of the City. Naming of Parksite: Council concurred that a name for the parksite is to be considered by the Parks and Recreation Commission. 7. RATIFICATION OF GRANT APPLICATION, SENATE BILL 244 (BIKEWAY FACILITIES) (41) The filing of an application for grant funds in the amount (62) of $90,000 for various improvements of the Vereda Bikeway was approved. The grant for $90,000 is to be matched by 10% local funding, or $9,000, in budgeted funds for bicycle facilities. 8. APPROVAL OF DRAINAGE MASTER PLAN REIMBURSEMENT AGREEMENT - TRACTS 9373 AND 7654 (PATRICK DEVELOPMENT) (38) As set forth in the report dated December 3, 1980, from the (80) Director of Public Works, Tracts 9373 and 7654 were approved (85) in accordance with the "Master Plan of Drainage for the San Juan Capistrano -Capistrano Beach Area." The Reimbursement Agreement for return of fees in the amount of $93,421, for drainage expenditures over and above the acreage fee requirement was approved. The Mayor and City Clerk were authorized to execute the Agreement. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - 1981 WEED ABATEMENT PROGRAM (38) The specifications for 1981 weed abatement were approved and (74) the City Clerk authorized to advertise and receive bids. DEL OBISPO/ALIPAZ STREET WIDENING - ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM SUBMITTAL, COUNTY OF ORANGE (44) Written Communications: (83) Report dated December 3, 1980, from the Director of Public Works, recommending submittal of the following project to the County of Orange for the 1981-82 fiscal year: Widening of Del Obispo Street from Alipaz Street to 250 feet westerly; and, Widening of Alipaz Street from Del Obispo Street to 200 feet southerly. -5- 12/3/80 The project would provide two traffic lanes in each direction for both streets, require acquisition of right -o£ -way, relocation of one existing residence, and demolition of one residence. The total project costs are estimated at $387,400, of which 500, or $193,700, would be paid by the County of Orange. Approval of Submittal: It was moved by Councilman Buchheim, seconded by Councilman Bland to adopt the following Resolution: RESOLUTION NO. 80-12-3-1, ARTERIAL HIGHWAY FINANCING PROGRAM SUBMITTAL, 1981-82 - DEL OBISPO/ALIPAZ STREETS - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF DEL OBISPO AND ALIPAZ STREETS The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None AWARD OF BID - AGRICULTURE FENCING (KINOSHITA/VERMEULEN PROPERTIES) (38) Written Communications: (68) Report dated December 3, 1980, from the Director of Public Works advising that one bid in the amount of $7,700 had been submitted by Armor Fence Co. for fencing of The Kinoshita Farms property fronting Alipaz Street. Staff was directed to design emergency fencing by the Agricultural Preservation Committee, due to numerous incidences of trespass encouraged by the reconstruction of Camino del Avion. The Director of Public Works recommended that the bid be rejected and a bid awarded for fencing both the Kinoshita and Vermeulen properties. Rejection of Initial Bid: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to reject the bid from Armor Fence Co..in,the amount of $7,700. Award of Bid: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the bid for plastic -coated chainlink fencing of the easterly boundaries of the Kinoshita and Vermeulen properties adjacent to Alipaz Street to Armor Fence Co. of San Juan Capistrano, in the total amount of $8,740, the Vermeulen fence to be temporary. Fencing of Camino del Avion is included with the contract for the Camino del Avion Street Improvements to be completed by Griffith Company. ADMINISTRATIVE ITEMS CITY CLERK 1. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR COMMISSIONS, BOARDS AND COMMITTEES (23) Written Communications: (32) Report dated December 3, 1980, from the City Clerk, forwarding the Local Appointive Lists, pursuant to Government Code Section 54974. -6- 12/3/80 111 Approval of Appointive Lists: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to affirm the Lists of Commissions, Boards, and Committees as submitted. Council also concurred with the posting of Vacancy Notices at the three official posting places in the City, as well as in the City Clerk's department. 2. ORANGE COUNTY VECTOR CONTROL DISTRICT - REAPPOINTMENT OF CITY REPRESENTATIVE (57) Written Communications: Report dated December 3, 1980, from the City Clerk, forwarding a letter dated November 21, 1980, from the District Manager of Orange County Vector Control District. The Board of Trustees recommended that Jarold B. Cole, or a successor to him, be reappointed for the next 2 -year term as the City's representative. It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to reappoint Jarold B. Cole for the next 2 -year term of office ending December 31, 1982. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. REPORT OF TREE INSPECTOR'S DECISION - CALTRANS TREE REMOVAL REQUEST (74) Written Communications: Report dated December 3, 1980, from the Director of Community Planning and Development regarding the application for tree removals submitted by the California Department of Transportation for 4 trees located within the public right-of-way of Ortega Highway west of Palm Hill Drive. It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to confirm the decision of the Tree Inspector, as follows: The removal of one poplar and two pepper trees was denied; removal of the westerly pepper tree was approved. Street Alignments: (74) Councilman Friess stated for the record that street alignments (85) for the Black Mountain Villas, Tract 10293, are not to cause the removal of significant trees. 2. AUTHORIZATION FOR CONSULTANT SERVICES - BASE MAPPING SYSTEM (37) Written Communications: (38) Report dated December 3, 1980, from the Director of Community Planning and Development. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to authorize preparation and execution of a contract for Consultant Services with Norris Engineering in an amount not exceeding $21,000 for a base mapping system, payable from the Systems Development Fund. DIRECTOR OF PUBLIC WORKS 1. AMENDMENT TO BUDGET - PUBLIC WORKS OPERATIONS (RTTTT.n TN(' LNIn RAPPTV T)TVTCTfl1.1% (24) Written Communications: (74) Report dated December 3, 1980, from the Director of Public Works, requesting approval of a budget amendment for Consultant Services for plan checking of building and grading projects. -7- 12/3/80 112 Approval of Amendment: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the budget amendment in Public Works Operations to reflect a transfer of $17,000 from the Personnel Account to the Specialized Services Account. 2. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR (74) Written Communications: (75) Report dated December 3, 1980, from the Director of Public Works, outlining the current needs of vehicles in the Public Works Department. The proposal is for the purchase of three trucks to be used for construction inspection, building inspection, and parks maintenance; the existing building inspection sedan would be placed in the Public Works vehicle pool. Approval: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the specifications and authorize call for bids for the purchase of three pick- up trucks at an estimated cost of $24,000, and to modify the budget accordingly. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF -ACTIONS OF NOVEMBER 25, 1980 (67) The Report of Actions taken by the Planning Commission at their meeting of November 26, 1980, was ordered received and filed. The City Manager was requested to clarify Council policies with Commission Members. COUNCIL ACTIONS 1. APPOINTMENTS TO MOBILE HOME PARK REVIEW COMMITTEE (23) Written Communications: Report dated December 3, 1980, from the City Attorney advising Council that it would be appropriate to appoint Committee members as set forth in Ordinance No. 412, prior to the next Mobile Home Meeting scheduled for December 16, 1980. Committee Appointments: It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to (1) appoint the following current Board Members as Members of the Mobile Home Park Review Committee, as of December 5, 1980, the effective date of Ordinance No. 412: Edwin Clark, Austin Dodge, Ervin Watkins, and Haven Hanson; (2) to appoint Walter C. Johnson, Jr. to the remaining Committee position; (3) to appoint Angela Bailey to an advisory, non-voting position; (4) to authorize payment of monthly salaries of $25.00 to Committee members; and (5) to extend the date for receipt of the report to the City Council to February 18, 1981. -8- 12/3/80 113 (36) Resolution of Commendation: (23) It was moved by Councilman Friess, seconded by Councilman Schwartze to adopt the following Resolution: RESOLUTION NO. 80-12-3-2, COMMENDING PAT KISH - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING MOBILE HOME PARK REVIEW BOARD MEMBER PAT KISH The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None Council concurred that Pat Kish be requested to continue serving the Committee in a consulting capacity. Councilman Schwartze advised that he would be responsible for forwarding a Mobile Home Park Reality Index to be received from Assemblywoman Bergesen. COUNCIL REMARKS 1. LIBRARY (52) It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried that the Planning Department be authorized to contract for pictures of architectural layouts of the future library at a cost not to exceed $1,600.00. 2. NOTICES TO EQUESTRIANS - CITY CLERK (31) Councilman Friess commended the City Clerk for the mail and (36) newspaper coverage given to the Notice to Equestrians requesting observance of private property rights. 3. MOBILE HOME LEGISLATION (51) Councilman Friess requested information regarding Senate Bill 1960, mobile homes in single family zones. 4. TRAFFIC CIRCULATION, ORTEGA HIGHWAY (87) Council requested information from staff, with input from (44) CalTrans, regarding Ortega Highway traffic circulation at the I-5 freeway and traffic signalization. 5. DEL OBISPO STREET SYCAMORE TREE (74) It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to authorize the removal of the Del Obispo Street Sycamore tree near the railroad tracks and to permit Cliff Cooper to install a specimen tree, and appropriate plaque if necessary. In addition, staff was directed to water the tree on Camino Capistrano adjacent to the old water company building. The City Manager was directed to notify San Juan Beautiful of the Council's actions. -9- 12/3/80 114 6. REQUEST FOR SHERIFFS' PATROL (70) Councilman Bland requested that the Bear Brand Ranch area be patrolled to alleviate problems caused by off-road vehicles and motorcycles. 7. GENERAL PLAN REVIEW (46) Councilman Bland advised that the proposed presentation of the General Plan for new commissioners is being prepared. 8. SOUTH COUNTY AIRPORT STUDY (88) Councilman Bland advised that the South County Airport Study would be presented to the Council in January. 9. SAN JUAN ESTATES, TRACT NO. 9299 (85) Council requested that possible slope failures caused by landscape irrigation be investigated by staff. 10. FEDERAL CENSUS (28) Mayor Hausdorfer advised that a letter had been sent to the Bureau of the Census on December 3rd, regarding distribution of erroneous preliminary population figures for the City. Census Bureau and City staffs had previously agreed that the City's housing units were undercounted by 1,329 dwelling units with a comparable increase in population. EXECUTIVE SESSION The Council recessed to Executive Session at 8:27 P.M., the City Clerk being excused therefrom, and reconvened at 8:45 P.M. Gllrli180K10l:4!My There being no further business before the Council, the meeting was adjourned at 8:45 P.M., to the next meeting date of Wednesday, December 10, 1980, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, -10- 12/3/80