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89-0801_CC_Minutes_Regular MeetingAUGUST 1, 1989 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 Reverend Jim Tracy of the, Capistrano Church of the Nazarene. ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor Lawrence P. Buchheim, Councilman Anthony L. Bland, Councilman Kenneth E. Friess, Councilman ABSENT: Phillip R. Schwartze, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney, George Scarborough, Assistant City Manager; Robert G. Boone, Director of Administrative Services; Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker, Director of Community Services; Ted Simon, City Engineer; Nancy Bernardi, Recording Secretary. MINUTES Adjourned Regular Meeting of June 27, 1989: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Adjourned Regular Meeting of June 27, 1989, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze -1- 8/1/89 1'71 Regular Meeting of July 18, 1989: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of July 18, 1989, be approved as submitted. The motion carried by the _ following vote: AYES: Councilmen Bland, Buchheim, Friess, 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 Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze ORAL COMMUNICATIONS 1. PROPOSED AIRPORT SITE AT PORTRERO MESA (AIRPORT SELECTION COMMITTEE) Ilse Byrnes, 28355 Ortega Highway, expressed opposition to the Portrero Mesa site location for the proposed airport and suggested that an ad hoc committee be formed to circulate petitions in opposition to the site. Councilman Bland reviewed discussions held at the last meeting of the Airport Selection Committee and explained the ranking of proposed site locations and the advantages and disadvantages of the Portrero and Norton AFB sites. Mayor Hausdorfer noted that the City is to make a recommendation to the Board of Supervisors and that the Council was adamantly opposed to the Portrero site. He encouraged the circulation of petitions to be submitted to the Board of Supervisors, not the Site Selection Committee, and indicated that consideration would be given to forming an ad hoc committee. -2- 8/1/89 IV. 2. CITY HALL SITE/CAPISTRANO VILLAS LIGHTING Carmen Dague, 31262 Calle San Juan, expressed concern regarding the removal of tennis courts for the construction of the new city hall in the downtown area. Mayor Hausdorfer explained the need for a permanent city hall and assured that every consideration would be given to relocating the tennis courts in a nearby area. Mrs. Dague also requested that additional lighting be installed in the Capistrano Villas No. 2 neighborhood because of safety concerns. Jeff Parker, Senior Management Assistant, gave a progress report on the lighting installation. Mayor Hausdorfer asked that Mrs. Dague contact Mr. Parker if the newly installed lighting is still insufficient. 3. PUEBLO SERRA ENVIRONMENTAL IMPACT REPORT (CAPISTRANO INDIAN COUNCIL) Lynn Dague, 31262 Calle San Juan, requested a copy of the Environmental Impact Report on the Pueblo Serra project for the Indian Council, and Mayor Hausdorfer stated that a complimentary copy could be obtained by the Indian Council from the City Clerk's office. PLAZA DEL OBISPO SIGNS Mark Clancey, 31892 Via de Linda, submitted a letter dated August 1, 1989, to the City Council regarding negotiations between the developer for Plaza del Obispo and Marshall's to downgrade the Marshall's sign prior to their grand opening on August 10, 1989. Mr. Clancey asked that the Wherehouse be contacted to achieve the same purpose. Mayor Hausdorfer indicated that a meeting had been held and that Marshall's had agreed to work with the City to modify their sign. 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: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze -3- 8/1/89 1"73 1. 3. 4. 5. APPROVAL OF WARRANTS (300.30) The List of Demands dated July 13, 1989, in the total amount of $3,426,518.80, was approved as submitted. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.30) The City Treasurer's Report of Cash Fund Balances for the month of February, 1989, in the total amount of $515,892.67, was approved as submitted. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated August 1, 1989, from the Director of Community Planning and Development, regarding actions taken at the meeting of July 19, 1989, was ordered received and filed. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated August 1, 1989, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of July 17, 1989, was ordered received and filed. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Reports dated August 1, 1989, from the Director of Community Planning and Development, regarding actions taken at the meetings of June 21, July 11, and July 25, 1989, were ordered received and filed. 6. REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH CITY LIMITS TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH) - RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT (INDUSTRIAL ASPHALT) (600.301 As set forth in the Report dated August 1, 1989, from the Director of Public Works, the rehabilitation of Camino Capistrano from the south City limits to 2200 feet south of San Juan Creek Road was completed. -4- 8/1/89 7. 8. *74 Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 89-8-1-1. COMPLETION OF THE REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH CITY LIMIT TO 2200' SOUTH OF SAN JUAN CREEK ROAD - 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 THE REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH CITY LIMIT TO 2200' SOUTH OF SAN JUAN CREEK ROAD The Resolution accepted the work as complete in the amount of $198,844.56 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $19,884.46 35 days after recording the Notice of Completion. ACCEPTANCE OF STORM DRAIN EASEMENT - PARCEL MAP 81-856 (LE As set forth in the Report dated August 1, 1989, from the Director of Public Works, the easement to allow for a storm drain previously owned by Mr. William Keele and transferred by sale of property to Mr. Ron LeGrand was accepted. The Mayor and City Clerk were directed to execute the easement document, and the City Clerk was directed to record the document. ACCEPTANCE OF RIGHT-OF-WAY - PARCEL MAP 81-856, PASEO CHRISTINA (LE GRAND) (670.501 As set forth in the Report dated August 1, 1989, from the Director of Public Works, the right-of-way previously owned by Mr. William Keele and transferred by sale of property to Mr. Ron LeGrand was accepted to connect San Juan Creek Road with Paseo Christina. The Mayor and City Clerk were directed to execute the easement document, and the City Clerk was directed to record the document. 9. QUITCLAIM OF EQUESTRIAN EASEMENTS. TRACT 10103 (INTERAMERICAN BUILDERS (670.50) As set forth in the Report dated August 1, 1989, from the Director of Public Works, the three equestrian/hiking -5- 8/1/89 1'75 easements within Tract 10103 on 1) Berkshire Lane (16 feet wide), 2) along the south side of Windsor Drive from Berkshire to Dominion Way (5 feet wide), and 3) the easement within Lot 4, were quitclaimed to FN Projects, Inc. The Mayor and City Clerk were authorized to execute the deeds for recording. 10. RECEIPT OF EASEMENT AND GRANTING OF LICENSE TO CONSTRUCT_ CARPORTS WITHIN SANITARY SEWER EASEMENT (670.50) As set forth in the Report dated August 1, 1989, from the Director of Public Works, the easement containing a City sewer line on Via Serra in Capistrano Beach was accepted and a license granted for the construction of carports over the sewer line to Anglo Capistrano Associates. The City Clerk was directed to record the easement document. 11. RENEWAL OF LEASE AGREEMENT (HEAD START PROGRAM) (600.20) As set forth in the Report dated August 1, 1989, from the Director of Administrative Services, the Lease Agreement with the Orange County Head Start, Inc. was extended for a two-year period to August 15, 1991. The Mayor and City Clerk were authorized to execute the agreement. 12. RESOLUTION CONFIRMING 1989-90 ASSESSMENT CHARGES, ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES) (345.801 As set forth in the Report dated August 1, 1989, from the Director of Administrative Services, the following Resolution was adopted notifying the tax collector of this years assessment in order to retire current 1915 Act Bonds and interest, from which public improvements were financed: Assessment Notification: The following Resolution was adopted: RESOLUTION NO 89-8-1-2. CONFIRMING 1989-90 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1989-90 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES The Resolution confirmed the 1989-90 assessment charges for Assessment District 78-3 in the amount of $484,413.05. -6- 8/1/89 1'76 13. STATUS REPORT - RIDGELINE PRESERVATION ZONING STUDY (420.30) The Report dated August 1, 1989, from the City Attorney indicating that the Planning staff is in the process of submitting recommendations for review by the Planning Commission concerning proposed permanent zoning controls for ridgeline preservation was received and filed. PUBLIC HEARINGS 1. ASSESSMENT OF CHARGES - 1989 WEED ABATEMENT PROGRAM (540.70) Proposal: Consideration of charges for the 1989 Weed Abatement Program for the City's weed abatement services to property owners at a reasonable cost. Written Communication: Report dated August 1, 1989, from the Director of Public Works summarizing the program, process of notification, the public input process, and contract costs. Noted were properties which will require additional services from previous years' abatement services. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following persons responded: (1) Mr. Unema, 27541 Silver Creek Drive, objected to the amount of the bill he received from the weed abatement contractor for his work and noted that as the recent new owner of the property, he had not received notification of the necessity for weed abatement. He stated that the area was measured incorrectly, and he was therefore overbilled for the work performed. The process for notification was reviewed. It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that Mr. Unema's property be deleted from the assessment list. Staff was directed to negotiate a settlement with Mr. Unema for the weed abatement services performed on his property. -7- 8/1/89 (2) Bernard Casper, 31072 Paseo Valencia, submitted photographs to the Council of a vacant lot he owns and objected to the inferior quality of work performed and the increase in weed abatement fees from previous years. It was the consensus of Council that because Mr. Casper was not aware of this year's increase in handwork for his property and the resultant increase in fees, he would be charged the previous year's weed abatement price of $62, but was forewarned of next year's potential increase in costs. Staff was directed to inspect the subject property with the weed abatement contractor to review the work performed. There being no further input, the public hearing was declared closed, with the right to reopen at any time. Adoption of Resolution: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO 89-8-1-3 CONFIRMING COST REPORT - 1989 WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1989 WEED ABATEMENT IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze AUTHORIZATION TO ASSESS CHARGES CITY LANDSCAPE Proposal: Consideration of assessment charges for City Landscape _ Maintenance Districts for residential tracts 9284 (Seaview), 9382 (Belford Terrace), 8485 (Mission Springs), 7673 (Mission Woods), and 9373/7654 (Los Corrales). -8- 8/1/89 1'78 Writt,an Communication: Report dated August 1, 1989, from the Director of Public Works, noting increases in assessments for the districts and larger increases for the Seaview and Los Corrales tracts because of the necessity for additional work to be performed. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following persons responded: (1) Wally Bublitz, 27575 Rosedale Drive (Belford Terrace), submitted photographs indicating poorly maintained plant growth in this development. Mayor Hausdorfer directly staff to work directly with Mr. Bublas in resolving the maintenance problem. There being no further input, the hearing was declared closed, with the right to reopen at any time. Adoption of Resolution: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted and forwarded to the County Auditor: RESOLUTION NO. 89-8-1-4. CONFIRMING COST REPOR - _1989 LANDSCAPE MAINTENANCE DISTRICTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1989 LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze -9- 8/1/89 179 3. CONFIRMING ASSESSMENTS AND PROVIDING FOR THE LEVYING OF Written Communication: Report dated August 1, 1989, from the Director of Public Works, regarding the reduction in boundaries and the confirmation of the Capistrano Royale Homeowners' Association to assume administrative responsibilities for the landscape maintenance of non -association member properties (11 lots). Noted was a slight increase in fees for each property owner. ,Staff Presentation: The City Clerk announced that notice had been given in the manner and form as required by law and that a Certificate of Compliance was on file and open for public inspection. Cindy Ferguson, Senior Management Assistant, made an oral presentation. Staff indicated that no protests had been received. Public Hearing• Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing. After receiving no public input, it was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the hearing be declared closed. Adoption of Resolution: it was moved by Councilman Buchheim, seconded by Councilman Friess, that the following Resolution be adopted and forwarded to the County Auditor: RESOLUTION NO. 89-8-1-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL ASSESSMENT DISTRICT The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze -10- 8/1/89 WO -61464 '. RECESS AND RECONVENE Council recessed at 7:55 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:00 p.m. ADMINISTRATIVE ITEMS CITY MANAGER REORGANIZATION AND STAFFING PLAN FOR COMMUNITY PLANNING AND DEVELOPMENT (100.30) Written Communications: Report dated August 1, 1989, from the Assistant City Manager, outlining the proposed staffing requests for the Department of Community Planning and Development; Memorandum dated July 27, 1989, from the Director of Community Planning and Development regarding the interim organizational solutions; Memorandum dated July 26, 1989, from the Development Services Administrator regarding interim staffing. Mr. Scarborough made an oral presentation, summarizing the department's proposed staffing program, space requirements, changes in the administrative systems and processes, interim measures, and financial considerations. Approval of Staffing Plan: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the proposed staffing plan for the Department of Community Planning and Development be approved. A budget allocation of $84,000 was authorized from the General Fund unappropriated reserves for non -personnel costs. The Resolution approving the implementation of the plan and the budget authorization is to be submitted for final approval at the August 15, 1989, meeting. Councilman Bland asked for the public's patience during this interim time of staff and space implementation, and Councilman Friess noted that the department's improvements will most likely benefit individual homeowners who live in the City. -11- 8/1/89 181 2. ACCEPTANCE OF CLASSIFICATION AND COMPENSATION STUDY AND ADOPTION OF SALARY IMPLEMENTATION RESOLUTION (700.20) written Communication: Report dated August 1, 1989, from the Assistant City Manager, forwarding a report of findings and recommendations of a new salary structure, Joint Classification and Compensation Study for the City of San Juan Capistrano and the Capistrano Valley Water District," pursuant to the findings of Kuhn and Associates, Inc., which included survey data received from various Orange County agencies. The initial first-year costs of implementing the study are anticipated to be approximately 3 percent of the City's present payroll, or $6,587 per month, as well as an additional $72,000 to pay the employees' new salaries retroactive to November 15, 1988. Mr. Scarborough made an oral presentation, noting that a number of employees were appealing the findings of the study, the results of which are to be presented to the Council for review at a later date. Councilman Bland expressed appreciation on behalf of the Council for all the work performed over the years by City and Water District employees. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO 89-8-1-6. AMENDING THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN AND REPEALING RESOLUTION NO. 82-9-21-4 The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None _ ABSENT: Councilman Schwartze The Resolution adopted the Classification and Compensation Plan proposed by Stephen Kuhn and Associates, inc. and repealed Resolution 82-9-21-4. -12- 8/1/89 182 1. PUEBLO SERRA PLANNED COMMUNITY - REZONE 88-4 (PUEBLO SERRA/ENTERPRISE CONSTRUCTION) (ADOPTION) (460.20) Written Communication: Report dated August 1, 1989, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 18, 1989, and was scheduled for adoption. Adoption 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 adopted: ORDINANCE NO. 650, APPROVING REZONE 88-4 (PUEBLO SERRA/ENTERPRISE CONSTRUCTION) - 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 A PORTION OF ASSESSOR'S PARCEL NO. 649-011-25 AND 649-011-30 FROM PLANNED COMMUNITY (COMPREHENSIVE DEVELOPMENT PLAN 75-1) TO PLANNED COMMUNITY (COMPREHENSIVE DEVELOPMENT PLAN 89-1) (ENTERPRISE CONSTRUCTION, INC./PUEBLO SERRA) The motion -carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmen Bland, Friess, and Mayor Hausdorfer None Councilman Buchheim Councilman Schwartze -13- 8/1/89 COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Capistrano Valley Wastewater Authority (1040.601 Councilman Buchheim noted that the next meeting would be held the first part of September. b. Southeast Regional Reclamation Authority (1040.60) Councilman Buchheim indicated that the plant was functioning well and that basic maintenance was being performed and was on schedule. C. San Juan Basin Authority (1050.60) Councilman Buchheim noted the possibility of additional wells being installed. d. Airport Site Selection Committee (940.30) Councilman Bland spoke regarding the increasing demand for an additional Orange County airport by the year 2010 and that once a site is chosen, it would probably not be in operation before that year. He stated that the Committee will recommend four sites to the Board of Supervisors by December 1989 and that the hearings were not yet scheduled. Also reviewed were proposed and previously deleted site locations. COUNCIL COMMENTS 1. SIGN ORDINANCE REVIEW COMMITTEE (410.401 Councilman Friess requested that a specific meeting date be scheduled for the first part of September. 2. GRAFFITI AT LA SALA (530.60) Councilman Friess requested that the graffiti at the northeast corner of La Sala at the Library be removed. _ 3. SUPER 7 SERVICE STATION (450.70) Councilman Friess requested that staff investigate the apparent sale of used automobiles and large carpets on -14- 8/1/89 Councilman Friess apparent sale of weekends at the outheast corner Street. requested that staff investigate the used automobiles and large carpets on former Service Station site at the of Camino Capistrano and Del Obispo 4. WIC (WOMEN. INFANTS. AND CHILDREN) (140.70) Councilman Friess asked for the press' cooperation in publicizing the meeting dates, times, and location of the Orange County WIC for nutritional education and supplements. He asked the community to consider providing a 1500 -square -foot facility in San Juan Capistrano that would hold approximately 50 people on the first and third Wednesdays of each month for nine hours each date for these educational purposes. 5. BOARD/COMMISSION APPOINTMENTS (110.20) Mayor Hausdorfer requested that new appointments to boards and commissions be scheduled for the meeting of September 19, 1989. CLOSED SESSION Council recessed to Closed Session at 8:30 p.m. for discussion of legal and personnel matters, the City Clerk being excused therefrom, and reconvened at 10:35 p.m. There being no further business before the Council, the meeting was adjourned at 10:35 p.m. to the next meeting date of Tuesday, August 8, 1989, at 6:00 p.m. in the City Council Chamber. Respectfully submitted, M89.1 ygnIjA; ��l✓i�I�t AT GAR L HAUSDORF , MAYOR -15- 8/1/89