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91-0219_CC_Minutes_Regular MeetingFEBRUARY 19, 1991 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 Friess at 7:04 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman Hausdorfer. ROLL CALL: PRESENT: Kenneth E. Friess, Mayor Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Gil Jones, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw, City -Attorney; Cheryl Johnson, City Clerk; George Scarborough, Assistant City Manager; David Bentz, Director of Administrative Services; William M. Huber, Director of Engineering and Building Services; Ronald C. Sievers, Director of Public Lands and Facilities; Thomas G. Merrell, Director of Planning Services; Al King, Director of Community Services; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of January 15, 1991: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the Minutes of the Regular Meeting of January 15, 1991, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None Regular Meeting of February 5. 1991: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the Minutes of the Regular Meeting of February 5, 1991, be approved as submitted. The motion carried by the following vote: -1- 2/19/91 AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION DESIGNATING FEBRUARY AS NATIONAL PTA MONTH (610.40) Written Communication: Report dated February 19, 1991, from the City Clerk, forward- ing the Proclamation. Approval and Presentation of Proclamation: Mayor Friess read the Proclamation in full and it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that February 1991 be proclaimed National PTA Month. The Proclamation was presented to Carol Boswell, President of the Capistrano Unified Council of Parent -Teacher -Student Associations. 2. PROCLAMATION DESIGNATING MARCH 15 THROUGH 23 1991, AS "FIESTA DE LAS GOLONDRINAS" (610.40) Written Communication: Report dated February 19, 1991, from the City Clerk, forward- ing the Proclamation. Approval and Presentation of Proclamation: After Mayor Friess read the Proclamation in full, it was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that March 15 through 23, 1991, be proclaimed as Fiesta de las Golondrinas. The Proclamation was presented to Anita Adkisson, President of the Fiesta Association. ORAL COMMUNICATIONS 1. SAN JOAOUIN HILLS TRANSPORTATION CORRIDOR (800.50) Bob King, 29422 Spotted Bull Way, thanked the Council for providing bus transportation to the public hearing to be held in Santa Ana on February 28, 1991. He requested that Council -2- 2/19/91 support his request that the hearing be scheduled on a Saturday instead of a weekday. It was a consensus of the Council that Mayor Friess send a letter to the Agency Board on behalf of the City suggesting an alternate time and site for the next meetings. Mayor Friess noted that the hearing on February 28 will last until all persons have spoken who wish to do so. 2. COUNCIL RESPONSIVENESS (610.25) Melinda Broder, 26771 Lariat Circle, requested that the Council be more receptive to the wishes of the residents. CONFLICTS OF INTEREST/SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR/CITY MANAGER CONTRACTS/LOANS (640.50/800.50/600.301 Emily Karassik, 30111 Branding Iron Road, cited concerns regarding the need for Councilmen Buchheim and Hausdorfer to abstain from participating on the San Joaquin Hills Transportation Corridor. She cited further concerns regarding the affect conflicts of interest may have on participating in development issues which come before the City and discussion ensued regarding conflict of interest laws. She stated her opposition to Council reviewing any legal and financial audits of the City Manager's contracts and loans prior to releasing those findings to the public and suggested that Councilmen Jones and Vasquez select firms and stated that staff involvement cannot be prudent. She received clarification that Mayor Friess would vote against certifying the environmental impact report for the San Joaquin Hills transportation Corridor but if approved he would support Alternate 2 connection to I-5. She presented a letter containing questions for Councilman Hausdorfer's answer and Mayor Friess advised he would schedule a meeting with her. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None -3- 2/19/91 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated February 7, 1991, in the total amount of $843,112.23, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of January 31, 1991, in the total amount of $7,750,000, was approved as submitted. 3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.601 4. The Report dated February 19, 1991, from the Senior Manage- ment Assistant, regarding actions taken at the meeting of January 22, 1991, was ordered received and filed. As set forth in the Report dated February 19, 1991, from the Director of Engineering and Building, obligation bonds Nos. 30072529, 6154420, 6154417, and 30072221 in the total amount of $15,124 (Fidelity and Deposit Company of Maryland) for Tracts 12825, 12829, 12830, and 12831 (Glenfed), for the installation of centerline monuments, were released, based upon the work being completed, inspected, and documented. 5. DENIAL OF CLAIM - BODILY INJURY (JANE KELLYI (170.10) The claim received by the City on January 28, 1991, from the law firm of Roper & Folino, on behalf of Jane Kelly, for an undetermined amount, for bodily injuries sustained from a dangerous curb and street, was denied, as set forth in the report dated February 19, 1991, from the City Attorney. PUBLIC HEARINGS 1. 420.30) Proposal: Continuation of the public hearings relative to a rezone and conceptual site plan (Growth Management) application for a development of approximately 99 acres located at the terminus of Camino Las Ramblas. -4- 2/19/91 Proiect Applicant: Concorde Development 19752 MacArthur Blvd., Suite 240 Irvine, CA 92715 Property Owner Mr. Morris Misbin 33901 Calle Borrego San Juan Cap. 92675 Written Communication: Report dated February 19, 1991, from the Director of Plan- ning, summarizing the review and analyses regarding the extension and ultimate configuration of Camino Las Ramblas. The report noted that the applicant owes the City approximately $35,000 in development processing costs. Included in the report was a request from the applicant to continue the hearing to the meeting of March 5, 1991. Public Hearin: Notice having been given as required by law, Mayor Friess reopened the Public Hearing, and the following persons responded: (1) Charles Schwab, 33741 Shannon Lane, representing the board of directors for the Connemara development, requested that the City make a final decision on the matter at this meeting and noted that $35,000 that is due to the City has not yet been paid by the applicant. (2) Mike Uvavich, 33741 Connemara Drive, offered to accompany Mayor Friess on his personal visit to the site. Continuation of Public Hearing: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that the public hearing be continued to the meeting of March 5, 1991, with the condition that all monies owed to the City by the applicant be paid prior to the March 5 meeting and that there be no further continuations. 2. REQUEST FOR TEMPORARY STREET CLOSURES - ANNUAL SWALLOWS DAY PARADE, SATURDAY, MARCH 23. 1991 (FIESTA ASSOCIATION) (150.60) Proposal: Consideration of a request for temporary street closures and application for a parade permit for the Fiesta de las Golondrinas Parade scheduled for Saturday, March 23, 1990, at 11:00 a.m. The Engineer's estimate for providing the necessary traffic control service, sanitary facilities, and City personnel is $2,000, with funds allocated in the 1990- 91 Public Lands and Facilities and Engineering and Building budgets. -5- 2/19/91 I i Written Communication: Report dated February 19, 1991, from the Director of Engin- eering and Building, detailing the parade route and temporary street closures. Mr. Huber noted the changes made regarding the location of the staging area and storage of equestrian vehicles and reduction in hours of street closures. Public Hearing: Notice having been given as required by law, Mayor Friess opened the public hearing, and there being no response, closed the hearing. It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried to approve the temporary street closures for the Fiesta de las Golondrinas Parade on Saturday, March 23, 1991, and the issuance of a parade permit to the San Juan Capistrano Fiesta Association. RECESS AND RECONVENE Council recessed at 8:01 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:07 p.m. ADMINISTRATIVE ITEMS CITY ATTORNEY 1. RESOLUTION APPROVING APPLICANT'S APPEAL OF PLANNING DECISION UED) (420.40) written Communication: Report dated February 19, 1991, from the City Attorney, forwarding the Resolution upholding the Coral Properties appeal, as directed by the City Council at its meeting of January 15, 1991. The report included a resolution submitted by the appellant recommending deletion of certain wording in Section 2 and deletion of the entire Section 4. Mr. Shaw stated that since the meeting of February 5, 1991, the wording in the proposed Resolution was changed to be mutually satisfactory to both the City Attorney and the applicant's attorney, with the exception of Section 4 regarding the Planning Director's original judgment of the matter. Mark Maurer, representing Coral Properties, stated that the Resolution should only indicate that the appeal was upheld -6- 2/19/91 and felt that the "accolades" in Sections 2 and 4 should not be included in the Resolution. Adoption of Resolution Upholding Appeal: it was moved by Councilman Buchheim and seconded by Council- man Hausdorfer that the following Resolution be adopted as amended to delete Section 4: RESOLUTION NO. 91-2-19-1. UPHOLDING APPEAL OF CORAL PROPERTIES RELATING TO PROPOSED BARN (CORAL PROPERTIES/MAURER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING APPEAL OF CORAL PROPERTIES RELATING TO PROPOSED BARN MULTI -USE STRUCTURE AS AN ACCESSORY USE TO THE AG ZONE The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, and Vasquez NOES: Mayor Friess ABSENT: None DIRECTOR OF ADMINISTRATIVE SERVICES 1. RESOLUTION OF AWARD - SERIES A 1991 GENERAL OBLIGATION OPEN SPACE BONDS (BANK OF AMERICA) (340.20) Written Communication: Report dated February 19, 1991, from the Director of Adminis- trative Services, forwarding a Resolution to award the Series A 1991 General Obligation Bonds in the amount of $9,050,000. The report noted that bids would be received February 19, 1991 at 11:00 a.m., at the offices of Fieldman, Rolapp & Associates and the results would be available at the meeting. Mr. Bentz announced that the Bank of America was the success- ful bidder for the purchase of the bonds, at a net interest rate of 6.4307%. One more sale of bonds will occur between ,April and July 1992. Award of Bonds• It was moved by Councilman Buchheim, seconded by Councilman Jones, that the following Resolution be adopted: -7- 2/19/91 . 014, RESOLUTION NO 91-2-19-2 AWARDING SERIES A OF 1991 GENERAL OBLIGATION BONDS (OPEN SPACE PROGRAMI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AWARDING SERIES A OF 1991 GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF $9,050,000 TO THE BANK OF AMERICA AND REJECTING ALL OTHER BIDS AND RATIFYING ALL ACTIONS OF THE STAFF HERETOFORE TAKEN The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None Staff was authorized to amend Resolution No. 91-1-15-2 to modify the bid opening date, bond and principal maturity dates and bond year date. DIRECTOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) 2. Written Communication: Report dated February 19, 1991, from the Director of Plan- ning, advising that two new development applications were received by the City since the last report of January 15, 1991. The Report was received and filed. (410.60) Written Communication: (1) Report dated February 19, 1991, from the Director of Planning, recommending that the Design Review Commission's action to deny the use of Payless ShoeSource's trademark colors of yellow and orange for their tenant sign be affirmed. (2) Letter dated February 15, 1991, from the appellant requesting that the appeal be continued to the meeting of March 5, 1991. -a- 2/19/91 Continuation of Anneal: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the appeal be contin- ued to the meeting of March 5, 1991, at the request of the appellant. 3. APPEAL OF PLANNING COMMISSION DECISION OF DECEMBER 18. 1990 - ARCHITECTURAL CONTROL 90-7. TINY'S RESTAURANT AT ORTEGA/DEL OBISPO PLAZA DEL ORTEGA (S. ALAN SCHWARTZ & ASSOCIATES) (410.60) Mayor Friess left the Chamber due to a conflict of interest. Written Communication: Report dated February 19, 1991, from the Director of Plan- ning, forwarding the appeal submitted by The Friends of Historic San Juan Capistrano opposing the approval by the Planning Commission of a site development application for a 22,300 -square -foot retail/office complex on the Tiny Naylor Is Restaurant site located at 27000 Ortega Highway. The appeal was based on issues regarding the delegation of the build- ing's mass and scale to the Design Review Commission and aesthetic and cumulative impacts of the environmental review not adequately reviewed by staff. Exhibits were on display and Dick Bobertz, Interim Land Use Manager, made an oral presentation. Mr. Bobertz noted that the Design Review Commission has the authority to make minor modifications to site plans, but that the condition to reduce the building's mass and scale may require more than a 10% reduction. The Council and staff discussed various structures along Del Obispo Street that have less of a setback than the one proposed by the applicant (20 feet) and their visual percep- tions. Mark Clancey, the appellant, expressed concerns regarding the project's visual aesthetics and setting a precedent for future development in the area. He stated that the trans- cript of the Planning Commission meeting did not include the lengthy discussion among the Commissioners prior to the motion being made regarding concerns of the building's mass and scale. He felt that delegating these concerns to the Design Review Commission was inappropriate and requested that the application be returned to the Planning Commission to obtain the exact modifications to be made to the project. Council Discussion: Since he could not support the project as proposed, Council- man Hausdorfer felt that Mr. Clancey's appeal should be -9- 2/19/91 upheld and the project returned to the Planning Commission to address issues of mass and density. Councilman Jones stated that although he supports the project, issues regarding future impacts and setting of precedent should be addressed by the Planning Commission. Councilman Vasquez suggested that the building be set back further to the rear of the property, which would also reduce significant view impacts. The applicant, Alan Schwartz, stated that the photo imaging of the proposed project presented a distorted view of how the building would actually appear, noting that elevation changes on Del Obispo and the angle from where photographs were taken affected the perception of the photographs. He stated that the building setbacks are similar to others along Del Obispo and noted that the two-story elevation is set back 45 feet from the sidewalk. Mayor pro tem Buchheim felt that the applicant offered a reasonable explanation for the building layout. Upholding of Appeal: It was moved by Councilman Hausdorfer and seconded by Councilman Vasquez and carried with Councilman Buchheim voting in the negative and Mayor Friess absent that the site development application for AC 90-07 be returned to the Planning Commission and that the Mitigated Negative Declaration not be certified. The Planning Commission was directed to address general issues of mass and density and Negative Declaration issues of cumulative effects, circulation, and parking. It was emphasized that the Council's direction requested that the building mass be reduced and not just made to appear less massive. Mayor Friess returned to the Council Chamber. DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. REQUEST TO CONSIDER "NO PARKING STREET SWEEPING" IN THE Written Communication: Report dated February 19, 1991, from the Director of Engin- eering and Building, forwarding the results of a petition circulated by the residents of Dana Mesa and the follow-up petition circulated by the City relative to a request for "No -10- 2/19/91 053 Parking, Street Sweeping" days. Staff recommended that parking regulations not be imposed since an insufficient number of approvals were received from the residents. Residential Comments: (1) Robert Hutchinson, 25502 Via Inez Road, expressed opposition to the proposed regulations due to the imposition of penalties and suggested that residents keep the streets clean themselves. (2) John Marsden, 25522 Via Inez Road, spoke in opposition to the proposed regulations. (3) Ann Wood, 32501 Carreterra Drive, spoke in favor of the proposed regulations, stating that a majority of the residents voted in favor of them. (4) Sylvester Obleas-Prado, 32551 Carreterra Drive, ex- pressed opposition to the proposed regulations. (5) Mrs. Charles Daly, 25561 Purple Sage Lane, expressed opposition to the regulations, noting that it would be an inconvenience for her family to move their cars. She indicated that the streets were not that dirty and suggested that the residents keep them clean. Council Comments: Mayor Friess suggested that the residents discuss the issue at a later time and if so desired, the matter could be brought up in June 1991 during the City budget hearings. Councilman Jones spoke in favor of the parking regulations and stated that moving cars to allow street sweeping would not be an inconvenience for most residents. Denial of Parking Request: It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim and carried with Councilman Jones voting in the negative that the request for signs indicating "No Parking Street Sweeping" be denied based on the insufficient number of affirmative votes received from all residents and .based upon requirements of previous petitioners. DIRECTOR OF COMMUNITY SERVICES 1. 1991 HERITAGE FESTIVAL SCHEDULE OF EVENTS (150.60) Written Communication: Report dated February 19, 1991, from the Director of Commun- ity Services, forwarding the Schedule of Events for the one- month festival. -11- 2/19/91 The Report was received and filed. COUNCILMANIC ITEMS 1. LEGAL REVIEW OF CITY MANAGER'S CONTRACT AND LOANS (310.201 FINANCIAL REVIEW OF CITY MANAGER'S CONTRACT AND LOANS (310.20) Written Communications: (1) Report dated February 19, 1991, from Councilman Jones forwarding a proposed agreement for legal services with the firm of Whitmore, Kay & Stevens to review written and verbal employment agreements between the City and the City Manager to evaluate the legal rights, obligations, and enforceability; (2) Report dated February 19, 1991, from Councilman Jones recommending the firm of Coopers & Lybrand to perform the financial audit. -Mark Clancey, 31982 Via de Linda, felt that the issue to be addressed is whether or not the no -interest loan and debt forgiveness are legal and constitute a gift of public funds. He questioned the reduction in the contract estimate for Whitmore & Kay from $45,000 to $10,000 and how the City would finance the audits. He suggested that the District Attorney's Office conduct the municipal review to save money. Mayor Friess explained that the Council's action only authorized negotiations with the firms, not approval. Regarding the issues that Mr. Clancey requested be addressed in the contract, the City Attorney indicated that under the proposed contract those issues would be reviewed as part of the audit. However, Mayor Friess suggested that the issues could be more plainly spelled out in the contract for public benefit. Councilman Jones indicated that his personal legal counsel contacted the District Attorney's Office, and had been advised they had no interest in reviewing the matter until both the legal and financial audits are completed. Councilman Jones noted that he conducted as much of the negotiations with Whitmore & Kay as was possible by himself, with minimal assistance from staff. The firm was the only firm that had no prior affiliation with the City. Susan Becraft, 28181 Calle San Remo, felt that the Council's action to negotiate with Whitmore & Kay should have been made -12- 2/19/91 earlier in the meeting of February S. Councilman Hausdorfer stated that the purpose of the motion had been to move the process along rather than to delay it any longer. Commissioner Vasquez expressed concern regarding the reduc- tion in the amount of the Whitmore & Kay contract and the Scope of Work as outlined in the proposed contract. Because of financial concerns, he suggested that a letter be drafted to the District Attorney requesting that they perform the audits. Councilman Jones explained that the Whitmore & Kay scope of work had been modified to delete the financial audit. Approval of Contract with Whitmore. Kay & Stevens: It was moved by Councilman Jones and seconded by Councilman Hausdorfer that the contract with Whitmore, Kay & Stevens be approved, in an amount not to exceed $10,000, with work to be completed within 30 days. In response to Councilman Vasquez, and with the consent of the second, the motion was amended to include that prior to entering into the agreement with Whitmore, Kay & Stevens, a letter shall be sent from the City to the District Attorney inviting that office to perform the review. A sense of urgency shall be included in the letter, as well as a request for an immediate response to this request. If the District Attorney's Office declines, then the City shall proceed with the contract. The motion carried unanimously. Approval of Contract with Coopers & Lybrand: It was moved by Councilman Jones, seconded by Councilman Hausdorfer, and unanimously carried that the agreement with Coopers & Lybrand of San Diego be approved, at an hourly rate of $75 per hour, pending a response from the District Attorney's Office. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to find that the following item was not available prior to publication of the Council Agenda and consideration was necessary at this time. HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION (530.20 Written Communication: Report dated February 19, 1991, from the City Manager, forwarding a proposed Resolution allowing staff to complete a grant application in the amount of $86,310 to the California Integrated Waste Management Board to develop a household hazardous waste educational curriculum for junior and senior high school education programs with the Cities of -13- 2/19/91 San Juan Capistrano, Dana Point, and San Clemente. The application is due February 22, 1991. Mr. Scarborough made an oral presentation. Approval of Grant Application: It was moved by Councilman Jones, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO 91-2-19-3 AUTHORIZING APPLICATION FOR HOUSEHOLD HAZARDOUS WASTE GRANT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING STAFF TO SUBMIT A HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None ORAL REPORTS OF OUTSIDE AGENCIES a. San Joacuin Hills Transportation Corridor (800.50) Mayor Friess noted the continuance of the Agency Board's public hearing to February 28, 1991, to receive all public input not yet heard. Councilman Vasquez stated that he would like to forward a letter to the Agency Board stating his personal perception of the views of San Juan Capistrano residents regarding the Corridor, noting he would be willing to submit it for Council review. Councilman Hausdorfer stated that a Council member has that right as an elected official as long as the letter clearly states that it does not represent the opinion of the entire City Council. It was a consensus of the Council that Councilman Vasquez prepare his letter to the Transportation Corridor Agency, making it clear that the letter expressed only his personal opinion. -14- 2/19/91 COUNCIL COMMENTS 1. CAPISTRANO VALLEY WATER DISTRICT MEETING (1050.60 Mayor Friess noted that the Water District Board has scheduled a special public hearing to be held on Tuesday, March 12, 1991, at 7:00 p.m. in the Council Chamber to discuss a new water ordinance and rate structure for water conservation. The Mayor noted that all residential users will be required to reduce their water usage by 20%. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:00 p.m. to Monday, February 25, 1991, at 6:00 p.m. in the San Juan Hot Springs Dance Hall to conduct a budget workshop. Respectfully submitted, CHERYL J NSO 1, CITY CLERK ATTES KENNETH E. FRI SS, MAYOR -15- 2/19/91