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89-1003_CC_Minutes_Regular MeetingOCTOBER 3, 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 7:04 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin, Mission San Juan Capistrano. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Lawrence F. Buchheim, Mayor pro tem Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; George Scarborough, Assistant City Manager; Kenneth. Hammon, Interim 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. MINUTES Regular Meeting of September 5, 1989: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the Minutes of the Regular Meeting of September 5, 1989, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: None Regular Meeting of September 19, 1989: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of September 19, 1989, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: None -1- 10/3/89 j =\ MOTION TO READ BY TITLE ONLY It was moved by Councilman Friess, seconded by Councilman Buchheim, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. .TUBAL ARTS Written Communications: Report dated October 3, 1989, from the Senior Management Assistant, advising that on July 18, 1989, Council had accepted the resignation of Cultural Arts and Heritage Commissioner Janet Boucher. Mrs. Boucher was a member of the Commission for 13 years and a resolution had been prepared in recognition of her service to the community. Mayor Hausdorfer read the commendation in full and it was moved by Councilman Bland, seconded by Councilman Buchheim and unanimously carried to approve the resolution. Mrs. Boucher was present to accept the commendation. 2. MEDIA PERSONNEL Mayor Hausdorfer noted that Wendy Paulson, formerly a reporter for the Daily Sun - Post, had accepted a position with the Los Angeles Times. ORAL COMMUNICATIONS 1. VEHICLE NOISE REGULATIONS (450.70) Matthew Gilmore stated that the City's Municipal Code Section 9-3.615 was ineffective in allowing police officers to cite vehicle drivers whose sound system disturb the peace. He requested that the Municipal Code section be repealed, noting that Governor Deukmejian had signed into law a Senate Bill 1130 which would allow moving vehicles to be cited if their sound system could be heard from 50 feet away. He advised he will canvass the City's residents to determine their feelings relative to noise nuisances and return the results of the survey to Council by January 1, 1990. The Ctiy Attorney advised that the cited Code section dealt primarily with stationary objects and there were other sections that could be used to enforce regulations if cars were parked. He acknowledged the difficulty of dealing with noise disturbances from moving vehicles. Mayor Hausdorfer requested Council be kept advised relative to Senate Bill 1130. -2- 10/3/89 251 CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Friess, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim Bland, and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated September 21, 1989, in the total amount of $254,598.95, was approved as submitted. 2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50) 3. The City Treasurer's Report of Cash Fund Balances as of April, 30, 1989, in the total amount of $370,688.80, and as of May 31, 1989, in the total amount of $517,533.36, was approved as submitted. The Report dated October 3, 1989, from the Secretary of the Parks and Recreation Commission Commission, regarding actions taken at the meeting of September 18, 1989, was ordered received and filed. 4. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Reports dated October 3, 1989, from the Secretary of the Planning Commission, regarding actions taken at the meetings of September 12 and September 26, 1989, were ordered received and filed. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated October 3, 1989, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of August 9 and September 13, 1989, was ordered received and filed. 6. AWARD OF CONTRACT COOK PARK PARKING LOT AND DRAINAGE CHANNEL IMPROVEMENTS GRIFFITH COMPANY 600.30 As set forth in the report dated October 3, 1989, from the Director of Public Works, the contract for construction of a 48 -car parking lot and drainage channel improvements at Cook Park, was awarded to Griffith Company of Santa Ana, in the total amount of $109,855. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. Funds in the amount -3- 10/3(89 of $67,955 were appropriated from existing Park and Recreation Fund projects to Capital Improvement Project 12-6213-4707-107, to fund improvements to the parking lot portion of the contract. PUBLIC BEARINGS - None RECESS AND RECONVENE Council recessed at 7:19 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:20 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. 2. N AND SALAR 17. 1 Written Communications: Report dated October 3, 1989, from the Assistant City Manager, advising that the the Job Evaluation Committee had reviewed and made recommendations on 33 appeals filed by employees. Recommendations were also made for salary adjustments for the positions of Senior Engineering Aide and Building and Zoning Assistant to reflect a market place condition. The report forwarded a resolution for acceptance of a final salary structure. Continuation of Item: The Assistant City Manager advised that the had requested additional time to review the Councilman Buchheim, seconded by Councilman the item to the meeting of October 17, 1989. TO Management Employees Association Final Report. It was moved by Friess to continue consideration of Written Communications: Report dated October 3, 1989, from the Assistant City Manager, forwarding a resolution stating the City's intent to vacate the equestrian easement over Lot 64 of Tract 9382, as directed by Council on September 19, 1989. Initiation of Vacation Proceedings: It was moved by Councilman Bland, seconded by Councilman Buchheim that the following Resolution be adopted: 89 -10 -3 - TION COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE EQUESTRIAN EASEMENT - TRACT 9382, LOT 64 (MAURER/CORAL PROPERTIES) -4- 10/3/89 253 The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: None The resolution set a public hearing date for the Council meeting of November 21, 1989, at 7:00 p.m., in the City Council Chamber. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 2. Written Communications: Report dated October 3, 1989, from the Director of Community Planning and Development, advising that the item would be rescheduled at a later date. It was moved by Councilman Bland, seconded by Councilman Buchheim and unanimously carried to continue this item to the meeting of October 17, 1989. Written Communications: 1 Report dated October 3, 1989, from the Director of Community Planning and Development, advising that on September 19, 1989, Council amended the ordinance approving rezone 89-4 by deleting language regarding phasing of specific private recreational improvements before authorization to issue certificates of use and occupancy permits for other buildings within the project site. The revised Ordinance, which included the revised Specific Development Plan, was forwarded for adoption. 2. Report dated October 3, 1989, from the Director of Community Planning and Development, forwarding a resolution to initiate a change in the adopted Specific Plan for Healthpark to evaluate an alternative use other than recreational for the overall project pursuant to a consensus of Council at the September 19, 1989, meeting. The City Planner advised that the items had been submitted pursuant to Council's direction on September 19th. The Director of Community Planning and Development noted that the revised Specific Development Plan included a section allowing City involvement relative to installation of a masonry wall if requested by the Mission Hills Ranch Homeowners Association. He stated that the developer may wish to resolve the matter strictly between the Homeowners Association and himself. -5- 10/3/89 25401 Richard Stenton, representing Mission Equity, applicant, 26182 Oroville, Laguna Hills, stated he would give the Fitness Center time within which to obtain the support of the homeowner association, but if that did not happen he would go forward with the office complex. He advised that he had been working closely with the homeowners association and had an agreement with them that the project would be built as they wanted with limited recreation, single -story buildings and open space. Further, an escrow account had already been set up to handle the wall issue. He felt that this issue was not something the City would want to be involved in. 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 Bland, seconded by Councilman Friess that the following Ordinance be adopted as amended to delete Section 1.2. relative to an escrow account under City control for construction of the masonry wall: NO. 652, APPROVING REZONE CALIFORNIA, APPROVING REZONE 89-4 WHICH AMENDS SPECIFIC DEVELOPMENT PLAN 81-2 FOR THE CAPISTRANO BUSINESS PLAZA ASSOCIATES (HEALTHPARK) The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: None Initiation of Zoning and General Plan Study: It was moved by Councilman Buchhe:m, seconded by Councilman Friess that the following Resolution be adopted, noting that initiation of a General Plan and rezoning study was for consideration only and did not imply City intent to either approve or deny the proposed amendment: RESOLUTION NO. 89-10-3-2 INITIATING GENERAL PLAN AMENDMENT AND REZONING STUDY HEALTHPARK - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING GENERAL PLAN AMENDMENT AND REZONING STUDY - TRACT 12257 (HEALTHPARK) -6- 10/3/89 255 The motion carried by the following vote: AYES: NOES: ABSENT: ORDINANCES Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer None None ORDINANCE APPROVING AMENDMENT TO THE MUNICIPAL CODE Written Communications: Report dated October 3, 1989, from the City Clerk, advising that the Ordinance was introduced at the meeting of September 5, 1989, and was scheduled for adoption. Roger Grable, representing Coral Properties, stated that he believed Coral Properties had completed all of the available processes for construction of the primary residence on the site and the request for a waiver had been denied on September 19th. He stated that he felt the ordinance scheduled for adoption would not afford them the opportunity to make an application for that same approval and. requested Council's view whether the provisions in the ordinance would or would not permit them to obtain approval for construction of the home at the site. The City Attorney stated that the process in effect currently was set out in the interim urgency ordinance. The permanent ordinance would have no force and effect for 30 days. He suggested that Mr. Grable could ask his question when the ordinance was in effect. 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 Bland, seconded by Councilman Friess that the following Ordinance be adopted: NO. 65 OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.510 TO THE MUNICIPAL CODE RELATING TO GRADING AND CONSTRUCTION ACTIVITY WITHIN RIDGELINES OF THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: Councilman Schwartze ABSENT: None -7- 10/3/89 256 COUNCILMANIC ITEMS I. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (110.20) This item was continued from the meeting of September 19, 1989. Written Communications: Report dated October 3, 1989, from the Senior Management Assistant. Councilman Friess advised that the re-evaluation of the goals, objectives and charges for the Commissions had not yet been completed and it would not be appropriate to take action at this time. There was a consensus of Council that this item be scheduled for the meeting of October 17, 1989. 2. ORAL REPORTS OF OUTSIDE AGENCIES South East Regional Reclamation Authority (SERRA) (1040.60): Councilman Buchheim stated that the possibility of sludge composting had been discussed and costs were being compiled. Foothill/Eastern Transportation Corridor (800.50): Mayor Hausdorfer stated that discussions with the Marine Corps relative to a connection with 1-5 within their boundaries had been positive and a resolution should be reached in the near future. The northern portion of the Foothill Corridor should begin construction in 1990; discussions were continuing regarding the San Joaquin Hills Corridor connection with 1-5 in the area of Avery Parkway. COUNCIL REMARKS Commercial Business - Mission Creek Residential Area (130.70 Councilman Bland requested that Council be kept advised relative to residents concerns regarding commercial operations are in the residential area. 2. Proposed Sales Tax Increase (630.30) The City Manager discussed a proposed Congestion Management Plan which is an element of the Transportation Program put together with respect to the Sales Tax Initiative on the ballot November 7th. He advised that the Plan dealt with general growth management and was not a simple transportation issue. He stated there was _ a controversy regarding who should administer the program and noted his belief that either the City/County Coordinating Committee or the Super Committee should be the administering body, not the Orange County Transportation Commission. Councilman Schwartze discussed AB 471 (Katz), which established funding for the program, and cited his concerns relative to administering the financial side of the program. There was a general concurrence with the City Manager's recommendation; the City Manager will forward a letter to the Orange County Transportation Commission expressing the City's concerns. -8- 10/3/89 257 CLOSED SESSION Council recessed to a Closed Session at 7:47 p.m., for discussion of personnel, meet and confer matters, the City Clerk being excused therefrom, and reconvened at 9.25 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:25 p.m., to the next meeting date of Tuesday, October 10, 1989, at 5:00 p.m., in the City Council Chamber. ATTEST: I�L-4 -1 -A GAR . H USDORFE , MAYOR Respectfully submitted, `. • -9- 10/3/89