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89-0502_CC_Minutes_Regular MeetingMAY 2, 1989 REGULAR MEETING OF THE CITY COUNCIL OF TIM 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 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Tony Louch of the Capistrano Valley Church. ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor Lawrence P. Buchheim, Councilman Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw, City Attorney; George Scarborough, Assistant City Manager; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker, Director of Community Services; Cheryl Johnson, Deputy City Clerk; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of April 18, 1989: It was moved by Councilman Bland, seconded by Councilman Friess, that the Minutes of the Regular Meeting of April 18, 1989, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None ABSTAIN: Councilman Schwartze -1- 5/2/89 MOTION TO BEAD 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 Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. Proclamation Designating May, 1989 as "Senior Citizens' Month" (610.40) 2. Written Communication: Report dated May 2, 1989, from the Director of Community Services, forwarding the Proclamation as a tribute to the senior citizens in the community and noting the picnic to be in their honor on May 19, 1989. Presentation of Proclamation: Mayor Hausdorfer read the Proclamation in full, and with the consensus of Council, proclaimed May, 1989, as "Senior Citizens' Month." Mr. Wilson Buckner, President of the San Juan Seniors Club, accepted the Proclamation on behalf of the seniors in the community. Written Communication: Report dated May 2, 1989, from the City Clerk, forwarding the Proclamation. Presentation of Proclamation: Mayor Hausdorfer read the Proclamation in full, and with the consensus of Council, proclaimed Saturday, May 13, 1989, as "Fire Service Recognition Day." The Proclamation was presented to Battalion Chief Dan Matthews. -2- 5/2/89 3. 4. r 60 Written Communication: Report dated May 2, 1989, from the City Clerk, forwarding the Proclamation in recognition of the outstanding and vital services performed by City Clerks and their dedication to public service. Presentation of Proclamation: With the consensus of Council, Mayor Hausdorfer proclaimed the week of May 7 though May 13, 1989, as "City Clerk's Week." The Proclamation was presented to the Deputy City Clerk. Written Communication: Report dated May 2, 1989, from the Senior Management Assistant, forwarding the Proclamation and noting the activities to take place during that week. Presentation of Proclamation: Mayor Hausdorfer read the Proclamation in full, and it was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried to proclaim the week of May 14 through May 20, 1989, as "Historic Preservation Week." The Proclamation was presented to Tony Forster, Vice Chairman of the Cultural Arts and Heritage Commission. CONSENT CALENDAR It was moved by Councilman Bland, 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: NOES: ABSENT: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer None None -3- 5/2/89 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated April 20, 1989, in the total amount of $605,388.55, was approved as submitted. 2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.30) The City Treasurer's Report of Cash Fund Balances for the month of July, 1988, in the total amount of $367,601.50, was approved as submitted. 3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated May 2, 1989, from the Secretary of the Architectural Board of Review, regarding actions taken at the meeting of April 19, 1989, was ordered received and filed. 4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated May 2, 1989, from the Senior Management Assistant, regarding actions taken at the meeting of March 28, 1989, was ordered received and filed. 5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated May 2, 1989, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of April 17, 1989, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated May 2, 1989, from the Director of Community Planning and Development, regarding actions taken at the meeting of April 25, 1989, was ordered received and filed. 7. As set forth in the Report dated May 2, 1989, from the Director of Public Works, the public improvements for the above -referenced tracts were completed and accepted by the City Inspector. -4- 5/2/89 Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 89-5-2-1. COMPLETION OF PUBLIC IMPROVEMENTS - TRACTS 12736, 12737, 12738, 12739, AND 12740 (PORTION OF GLENFED AREAS E AND El - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACTS 12736, 12737, 12738, 12739, AND 12740 (PORTION OF GLENFED AREAS E AND F) The Resolution accepted the work as complete. The City Clerk was directed to forward a Notice of Completion to the County Recorder within ten days of acceptance, and staff was authorized to exonerate the Faithful Performance, Labor and Material and the Monumentation sureties upon the expiration of thirty-five days from the filing of the Notice of Completion. 8. MEREDITH CANYON. ALTO CAPISTRANO, LOS AMIGOS. LOS CORRALES SLURRY SEAL - AWARD OF CONTRACT (600.30) As set forth in the Report dated May 2, 1989, from the Director of Public Works, the contract for the slurry sealing of streets within Meredith Canyon, Alto Capistrano, Los Amigos, and Los Corrales was awarded to Valley Slurry Seal, of Sacramento, in the amount of $41,801. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 9. CONTRACT FOR ENGINEERING SERVICES FOR FLOOD PLAIN MANAGEMENT PROGRAM (ROBERT BEIN. WILLIAM FROST & ASSOCIATES) (600.30) As set forth in the Report dated May 2, 1989, from the Director of Public Works, the contract with Robert Bein, William Frost and Associates, for engineering services for the Flood Plain Management Program was approved in the amount—of $29,700. The Mayor was authorized to execute the contract on behalf of the City. -5- 5/2/89 10. REJECTION OF APPLICATION FOR FILING OF LATE CLAIM (SMITH) (170.10) An application to File Late Claim received by the City on April 4, 1989, from the law offices of John R. Cogorno on behalf of Thomas Smith, Jr., a minor, arising from a July 24, 1988, burn injury from a barbecue pit, was denied, as set forth in the report dated May 2, 1989, from the City Attorney. 11. QUITCLAIM OF TEMPORARY STREET EASEMENT ON VIA TERRAZA LOTS 10 AND 11 TRACT 5996 (670.501 As set forth in the Report dated May 2, 1989, from the Director of Public Works, the temporary easement for a cul-de-sac area on Via Terraza was quitclaimed to the owners of Lots 10 (Ronald Sully) and 11 (J.G.M. Jones), Tract 5996. The Mayor and City Clerk were authorized to execute the deeds for recording. 12. CITY VEHICLES - AWARD OF CONTRACT (370.30) As set forth in the Reports dated May 1 and May 2, 1989, from the Director of Public Works, the contract for the purchase of two City vehicles (one mid-size utility truck and one half -ton pickup) was awarded to Allen GMC in the amounts of $14,616.34 and $12,877.94, respectively. 13. ROSAN RANCH - ONE-YEAR EXTENSION OF SUBDIVISION IMPROVEMENT AGREEMENT (600.30) As set forth in the Report dated May 2, 1989, from the Director of Public Works, a one-year extension of the Subdivision Agreement and Letter of Credit for Rosan Ranch was approved. The City Clerk was directed to record the Amendment to the Subdivision Agreement. This item will be rescheduled for the meeting of May 16, 1989. — -6- 5/2/89 64 RECESS AND RECONVENE Council recessed at 7:15 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:27 p.m. ADMINISTRATIVE ITEMS CITY ATTORNEY _PROPOSED AMENDMENT TO THE MUNICIPAL CODE - REGULATIONS GOVERNING GATE -GUARDED NEIGHBORHOODS (820.901 Written Communication: Report dated May 2, 1989, from the City Attorney, forwarding the draft Ordinance establishing regulations affecting applications for the installation of private gate -guarded neighborhoods. Input was received from all affected departments, including the Fire District, Sheriff's Department, Water District, Planning, Public Works, and the City Manager's Office. The Ordinance would ensure adequate review by City staff and City Council and that public health and safety concerns were satisfied before a gate facility is installed. Mr. Shaw indicated that any applications currently pending would not be "grandfathered;" and, as such, the Ordinance would not apply. Don Stott, 33781 Shamrock Lane (Connemara), inquired as to the progress of his current application for a gate -guarded neighborhood and stated his desire to proceed. The City Manager indicated that his application would probably be reviewed by the City Council within 30 days. Mr. Murphy noted that this particular location has two entrances, with one having a car stacking problem, and asked that the applicant work with City staff to resolve the problem so that the application can proceed as quickly as possible. Introduction of Ordinance: 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: -7- 5/2/89 165 Ann ruA�rra i3 GATE GUARDED NEIGHBORHOODS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 13 ENTITLED "REGULATIONS GOVERNING GATE -GUARDED NEIGHBORHOODS" TO TITLE 8, "BUILDING REGULATIONS" OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None DIRECTOR OF COMMDNITY PLANNING AND DEVELOPMENT COMMDNITY PLANNING AND DEVELOPMENT 1. Written Communications: Report dated May 2, 1989, from the Director of Community Planning and Development, forwarding the April 18th Staff Report and setting forth five additional conditions to be incorporated into the proposed Resolution for Architectural Control 88-1. Public Input: At the meeting of April 18, 1989, a motion to approve Architectural Control 88-1 and Zone Variance 88-5 failed by a 2-2 vote, and the item was continued so that Councilman Schwartze, who was absent at the April 18 meeting, could listen to tapes of the meeting. The following persons addressed Council: Carolyn Nash, Planning Commissioner, stated the Commission's objections to the number of cars currently parked in front of dealerships in town as &n-- attention -getting device and that conditions should be imposed now to restrict that use. Ms. Nash also stated the Commission's desire to reduce the lighting level on the entire site. -8- 5/2/89 2. Michael Alex, applicant, agreed with all conditions imposed by staff, except he asked that his dealership be allowed to display new cars in the front row instead of in the middle of the site. 3. Richard Adams, 33532 Valle Road, expressed the opposition of the majority of the residents in his neighborhood to this project on the belief that the land is overburdened, lights will be too bright, the use is a poor entrance to the City, increased traffic, and safety concerns. If the project were approved, however, he requested that the owner be required to construct a monument entry into Forster Ranch with an electric gate to ensure safety and prohibit test-drives from the dealerships in the area, to be constructed prior to the issuance of building permits. Mr. Adams also requested that a covenant of restrictions that runs with the land be imposed on the property to uphold all present conditions of approval in case of future sale of the property, and that punitive damages be levied against the owner if conditions are violated or ignored. Councilman Bland felt that the cost of the electric gate, if approved, should be shared with the other dealerships in the area if test drives are being conducted in the neighborhood by other dealerships. Councilman Bland stated that infrastructure improvements should be constructed immediately due to the increasing demand in the area. Councilman Friess stated that the use was too intense for the site and the site could be designed so that a variance would not be necessary. Councilman Schwartze stated that he had reviewed the tapes and read the minutes of the April 18 meeting. Regarding the question of imposing a covenant of restrictions on the property, Mr. Shaw reiterated that it would not be necessary because the Resolution documents would be fully enforceable regardless of any change in ownership. Approval of Architectural Control: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried with Councilman Friess -9- 5/2/89 LW voting in the negative, to approve Architectural Control 88-1 with the following additional condition: The developer shall be responsible for the installation of a state-of-the-art electric gate at the entrance into Forster Ranch. Approval of Zone Variancen: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO 89-5-2-23 ZONE VARIANCE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ZONE VARIANCE 88-5 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, and Buchheim NOES: Councilman Friess and Mayor Hausdorfer ABSENT: None DIRECTOR OF PUBLIC WORKS 1. ACCEPTANCE OF GRAM' OEEu - Written Communication: Report dated May 2, 1989, from the Director of Public Works, regarding an easement submitted by Remington Development for a storm drain which required realignment due to minor grading alterations during the construction of Tract 13025. Councilman Friess abstained from voting due to the proximity of his residence to the project. AcceDtance of Easemen It was moved by Councilman Councilman Bland, and unanimously drain easement be accepted from The City Clerk was authorized to the County Recorder. -10- Buchheim, seconded by carried that the storm Remington Development. forward the document to 5/2/89 written Communication: Report dated May 2, 1989, from the Director of Public Works, recommending that an easement submitted by Remington Development for a storm drain which required realignment due to minor grading alterations during the construction of Tract 13025 be quitclaimed back to the property owner. Councilman Friess abstained from voting due to the proximity of his residence to the project. Approval of Ouitclaim: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried that the quitclaim for the storm drain easement, Tract 13025, Lot 23, be approved. The Mayor and City Clerk were authorized to execute the document, for forwarding to the County Recorder. 3. CONSIDERATION OF COOK PARK ATHLETIC FIELDS REPLANTING - REVIEW OF PROPOSAL AND AWARD OF CONTRACT (BOTACO.. INC.) (600.30) Written Communication: Report dated May 2, 1989, from the Director of Public Works, reviewing the situation between the City and Carlson Landscaping in regard to the lawn growing program for the athletic fields at Cook Park. Due to the necessity of replanting the fields by fall 1989 and the contract dispute between the City and Carlson Landscaping, an informal proposal method was chosen and a waiver of the competitive bid process was requested. Adoption of Resolution: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 89-5-2-3, WAIVING FORMAL BID REQUIREMENTS - INSTALLATION OF GRASS STOLONS AT e64DK PARK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING EXPENDITURE OF FUNDS WITHOUT COMPLIANCE OF FORMAL BID REQUIREMENTS RELATING TO INSTALLATION OF GRASS STOLONS (COOK PARK) -11- 5/2/89 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None The Resolution waived the competitive bid process. The contract was awarded to BotaCo., Inc., of San Juan Capistrano, in the amount of $49,922; funds in the amount of $29,722 were appropriated from the Parks and Recreation Fund to project Account No. 12-6213-4704-104. TRAFFIC SIGNAL INSTALLATION CAMINO CAPISTRANO/ACJACHEMA Written Communication: Report dated May 2, 1989, from the Director of Public Works, regarding bids received for the Camino Capistrano/ Acjachema Street Traffic Signal Installation Project, as well as input received from the Traffic and Transportation Commission and Planning Commission. Award of Contract: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried that the contract for the Camino Capistrano/Acjachema Street Traffic Signal Installation Project be awarded to Signal Maintenance, Inc., of Anaheim, in the amount of $56,245. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 5. REDUCTION OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (345.20) Written Communication: Report dated May 2, 1989, from the Director of Public Works, regarding the request of the Capistrano Royale Homeowners' Association to assume responsibility for landscape maintenance, the administration of all contracts, inspections, accounts, and other necessary services, for the Goeden Tract if a reduction of the Landscape Maintenance District is approved. Lots 1 - 10 and 29 of Tract 11904 are not members of the Homeowners -12- 5/2/89 Association and will remain within the Landscape Maintenance District #1. The development declared bankruptcy prior to completion of the tract, and responsibility for landscape maintenance was transferred to the City as district administrator. A cash fund was set up at that time to handle the expenses prior to the time that the City would be receiving the revenue through the tax rate from the County of Orange, and a percentage share of this fund is proposed to be returned to the Homeowners' Association for the specific purpose of maintenance. Official documents finalizing the new District boundaries will be forwarded for approval at a later date. Exhibits were on display. Mr. Murphy noted a petition received May 2, 1989, signed by 17 residents in opposition to the staff's recommendation. The following persons addressed Council: 1. Derek Pope, 29792 Monarch Drive, Chairman of the Landscape Committee of the Homeowners' Association, reviewed actions taken by the Association in regard to the responsibility for landscape maintenance, noted the expertise of individuals on the Committee, and spoke in favor of reducing and returning the District to the Association. 2. Dan Alfonzo, 30011 Imperial Drive, spoke in opposition to the proposal and referred to an open letter addressed to all homeowners in opposition to the proposal. In addition, he questioned the ability and expertise of the Committee to handle the Landscape District and suggested that cost impacts and potential tax advantages be thoroughly investigated before action is taken to transfer responsibility. 3. Gary Keller, 29611 Monarch Drive, President of the Homeowners' Association, reviewed past discussions with the City and City Attorney regarding the matter and spoke in favor of the reduction and management of the District by the Landscape Committee. 4. Gary Baldridge, 29791 Monarch Drive, member of the Landscape Committee, spoke in favor of the reduction of the District and the Landscape Committee. -13- 5/2/89 5. Frank Boscarini, of the proposal the petition. 29591 Monarch Drive, spoke in favor and advised there misstatements in 6. Wesley Miller, 29565 Monarch Drive, member of the Landscape Committee, spoke in favor of reducing the District as proposed. It was the consensus of Council that it was never the intent of the City to assume permanent responsibility for temporary landscape maintenance districts within the City and that responsibility should be returned to the homeowners' association when the time is appropriate. Approval of Landscape District Reduction: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the concept of reducing Landscape Maintenance District No. 1 to include only those properties who are non -association members (11 lots) be approved. Staff was directed to prepare and report the official documents finalizing the new District's boundaries, and $30,000 was authorized t0 be transferred from the Landscape Maintenance District No. 1's cash advance fund to the Homeowners' Association on July 1, 1989. COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. League of California Cities (140.20) Councilman Schwartze stated considering bills for new planning in Orange County. Mr. Julian may become the Manager's Department of the that the League will be Board of Transportation He also noted that President of the City League. 1. SAN JUAN DODGE. ARCHITECTURAL CONTROL 88-5 (410.601 Councilman Bland noted that the problem with the large number of cars still parked in and around the San Juan Dodge dealership had not yet been resolved. The City Manager indicated that in addition to a City inspector -14- 5/2/89 issuing a citation to met with the general conditions of approval to comply with the regulations; however, order to relocate some the dealership, he and Mr. Merrell manager to advise him of their The manager indicated his desire conditions of approval and City he requested additional time in of his inventory. Mr. Julian stated that as soon as a timetable for compliance has been developed, a report will be submitted to the Council. EQUESTRIAN TRAIL - LOVE TRACT (930.40) Councilman Friess indicated his desire to commence the policy discussion for the funding of trails before the budget process begins and stated that he has been in communication with several of the Love Tract residents who have requested progress reports. The City Manager explained that the action taken by the City Council had not yet been implemented due to concerns expressed by residents in the area regarding multiplicity of easements, ownership of the easements, and the conveyance to other parties. Mayor Hausdorfer explained that no action will be taken to implement the Council action until all easements are clarified and requested that residents be kept updated on a regular basis. HISTORIC PRESERVATION GRANTS (910.50) Mayor Hausdorfer noted the memo dated April 27, 1989, from the Senior Administrative Assistant, advising that the City's four grant applications to the State Office of Historic Preservation had not been recommended for funding as sufficient funds were not available from the State. Staff was directed to forward copies of correspondence with the State Historic Preservation Officer to Senator Bergeson and that the Senator be kept apprised of grant applications prior to their submittal so that the City can obtain assistance from Sacramento. CLOSED GESSION Council recessed to a Closed Session at 9:05 p.m. for discussion of personnel matters, the Deputy City Clerk being excused therefrom, and reconvened at 9:52 p.m. -15- 5/2/89 r 73 There being no further business before the Council, the meeting was adjourned at 9:52 p.m. to the next regular meeting date of Tuesday, May 16, 1989, at 7:00 p.m. in the City Council Chamber. ATTEST: ARY L. HAUSDORFER, MAYOR Respectfully submitted, MARY ANN HANOVER, CITY CLERK CHERYL JgRNSON, DEPUTY CITY CLERK -16- 5/2/89