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90-0116_CC_Minutes_Regular Meeting357 JANUARY 16, 1990 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 7:00 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 Phillip R. Schwartze, Councilman ABSENT: Kenneth E. Friess, Councilman 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; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of January 2, 1990: It was moved by Councilman Bland, seconded by Councilman Schwartze, that the Minutes of the Regular Meeting of January 2, 1990, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Schwartze, that all Ordinances be read by title only. carried by the following vote: -1- Councilman The motion 1/16/90 X58 AYES: NOES: ABSENT: ORAL COMMUNICATIONS Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer None Councilman Friess 1. Bill Hardy, 26523 Calle Lorenzo, Chairman of the Los Rios Review Committee, requested that the Council review the official minutes of the December 20, 1989, joint meeting of the Los Rios Review Committee and the Architectural Board of Review, particularly pages 2 and 3. CONSENT CALENDAR It was moved by Councilman Schwartze, 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 Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated December 28, 1989, in the total amount of $2,238,743.40, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of December 31, 1989, in the total amount of $19,935,937.50, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60) The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of December 31, 1989, was approved as submitted. -2- 1/16/90 3 5 4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS _(410.60 The Reports dated January 16, 1990, from the Director of Community Planning and Development, regarding actions taken at the joint meeting of December 20, 1989, with the Los Rios Review Committee, and the meeting of January 3, 1990, were ordered received and filed. 5. REPORT OF EQUESTRIAN COMMISSION AND JOINT FIELD TRIP OF EOUESTRIAN COMMISSION AND PARKS AND RECREATION COMMISSION ACTIONS (930.40/920.20) The Report dated January 16, 1990, from the Director of Community Services and Secretary of the Equestrian and Parks and Recreation Commissions, regarding actions taken at the meeting and joint field trip with the Parks and Recreation Commission of January 8, 1990, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated January 16, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of January 9, 1990, was ordered received and filed. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated January 16, 1990, from the Acting Secretary of the Traffic and Transportation Commission, regarding actions taken at the meeting of November 8, 1989, was ordered received and filed. TRAFFIC SIGNAL INSTALLATION AT MARGUERITE PARKWAY/RANCHO VIEJO ROAD/VIA ESCOLAR - RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT (BAXTER -GRIFFIN COMPANY. INC.1 (600.30) As set forth in the Report dated January 16, Director of Public Works, the construction of at the subject location was completed. -3- 1990, from the a traffic signal 1/16/90 Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 90-1-16-3, COMPLETION OF TRAFFIC _ SIGNAL INSTALLATION - MARGUERITE PARKWAY/RANCHO VIEJO ROAD/VIA ESCOLAR - 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 TRAFFIC SIGNAL INSTALLATION - MARGUERITE PARKWAY/RANCHO VIEJO ROAD/VIA ESCOLAR The Resolution accepted the work as complete in the amount of $56,600 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 $5,660 thirty-five days after recording the Notice of Completion. CONSIDERATION OF BIDS - DANCE HALL EXPANSION (600.30) As set forth in the Report dated January 16, 1990, from the Director of Public Works, the three bids received for the construction of an additional 300 square feet to the Hot Springs Dance Hall for the storage of materials and equipment were rejected due to the omission of a bid bond from the lowest bidder. Staff was authorized to advertise for new bids on the project. DEL OBISPO STREET OVERLAY, SAN JUAN CREEK ROAD IMPROVEMENTS - RESOLUTION OF APPLICATION FOR FUNDING (ORANGE COUNTY UNIFIED TRANSPORTATION TRUST) (820.20) Written Communications: Report dated January 16, 1990, from the Director of Public Works, forwarding Resolutions requesting matching funds from the Orange County Transportation Commission's (OCTC) Unified Transportation Trust (OCUTT) for the Del Obispo Street Overlay from Camino Capistrano to Ortega Highway and road improvements for San Juan Creek Road from La Novia Avenue to 900 feet easterly. Mr. Murphy noted that projects involving caps and overlays are given the highest priority by OCTC. It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted: -4- 1/16/90 DEL OBISPO STREET IMPROVEMENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE IMPROVEMENT OF DEL OBISPO STREET FROM CAMINO CAPISTRANO TO ORTEGA HIGHWAY The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess It was moved by Councilman Bland, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 90-1-16-2. REQUESTING OCUTT FUNDING - SAN JUAN CREEK ROAD IMPROVEMENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE IMPROVEMENT OF SAN JUAN CREEK ROAD FROM LA NOVIA AVENUE TO 300 FEET EASTERLY The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess REDESIGN OF WIDENING OF DEL OBISPO STREET, WESTBORNE DRIVE. AND CAMINO DEL AVION AMENDMENT TO CONSULTANT AGREEMENT (IWA ENGINEERS) (600.30) _Written Communications: Report dated January 16, 1990, from the Director of Public Works, discussing the amendment to the consultant agreement with IWA Engineers for the redesign of the widening of Del Obispo Street, Westborne Drive, and Camino Del Avion. It was moved by Councilman Bland, seconded by Councilman Buchheim and -5- 1/16/90 unanimously carried to continue the item to the meeting of February 6, 1990, due to the significant increase in costs associated with the project. PUBLIC BEARINGS 1. PROPOSED GATE -GUARDED FACILITY FOR HUNTERS CREEK ESTATES (820.90) Proposal: Consideration of a request for a gate -guarded facility in Hunter's Creek Estates, pursuant to City Council approval of the concept on December 5, 1989. The proposed control gates would serve the residents located between Via Santa Maria and Camino Lacouague. Written Communication: Report dated January 16, 1990, from the Director of Public Works, forwarding the appropriate documentation for approval to finalize the process. Mr. Murphy made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following person responded: (1) Simon Whitney, representing Remington Properties, spoke in favor of the gate -guarded facility. There being no further input, the hearing was declared closed. Approval of Facility: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that the installation of a gate -guarded facility in Hunter's Creek Estates be approved. SUBDIVISION OF TWO ACRES INTO TWO RESIDENTIAL LOTS AT PROPERTY LOCATED NORTHEAST OF THE TERMINUS OF VIA ESTELITA - TPM 89- 199 (HARTMAN) (CONTINUATION) (420.70) Proposal: Consideration of a request to split 2.o gross acres into two lots of 1 acre each, located in the EL (Large Estate) zone northeast of the terminus of Via Estelita. Applicant/Owner: Nicholas C. and Cherie W. Hartman 208 Avenue De La Riviera San Clemente, CA 92672 -6- 1/16/90 RM written Communication: Report dated January 16, 1990, from the Director of Community Planning and Development, summarizing the background of the project, Planning Commission's review of the proposal, staff analysis, and forwarding a recommendation of approval for the Tentative Parcel Map, subject to conditions. Exhibits were on display, and Mr. Merrell made an oral presentation. It was noted that the street "Calle Ricardo" should be corrected to "Calle Roberto" on the Tentative Parcel Map. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following person responded: (1) Kathleen Anderson of Christiansen and Associates, engineers for the project, stated that the applicant was in agreement with the staff findings and recommendations. There being no further input, the hearing was declared closed. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the following Resolution be adopted: RESOLUTION NO. 90-1-16-4. APPROVING TPM 89-199 (HARTMAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TPM 89-199 (HARTMAN) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess 3. JOINT PUBLIC HEARING ON PROPOSED DISPOSITION OF REAL PROPERTY AND ACQUISITION OF REAL PROPERTY (SOLAG DISPOSAL) (CONTINUATION) (670.20/670.70) Proposal: Joint consideration with the Community Redevelopment Agency of a proposed disposition of real property and acquisition of real property for the relocation of Solag Disposal to the -7- 1/16/90 lower Rosan property, which is currently owned by the Community Redevelopment Agency. Written Communication: Report dated January 16, 1990, from the City Manager, requesting that the hearing be continued to the meeting of February 20, 1990, so that coordination and negotiation of certain aspects of the agreement between Solag Disposal and the Community Redevelopment Agency can be completed. Mr. Julian noted that the final agreement would be ready for consideration at the February 20 meeting. Continuation of Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing. There being no response, it was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the public hearing be continued to the meeting of February 20, 1990. RECESS AND RECONVENE Council recessed at 7:20 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:22 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. APRIL 10 1990 ELECTION BOND ISSUE - RESOLUTION TAX STATEMENT (630.20) Written Communication: Report dated January 16, 1990, from the City Manager, forwarding a draft Resolution and Tax Statement to be mailed to the voters prior to the election, pursuant to Elections Code 5301. Mr. Julian noted that the tax rates provided by the Save Open Space supporters were averages only, while the rates provided by the City reflect the lowest and highest rates to be expected. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the following Resolution be adopted: -8- 1/16/90 - APRIL 10, 1990 BOND ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE TAX STATEMENTS TO BE MAILED TO VOTERS IN THE CITY OF SAN JUAN CAPISTRANO PURSUANT TO SECTION 5300 OF THE ELECTIONS CODE (APRIL 10, 1990, SAVE OPEN SPACE BOND ELECTION) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess CITY ATTORNEY 1. EMINENT DOMAIN HEARINGS - WISH AND MOORE EQUESTRIAN EASEMENT MATTERS (TO BE CONTINUED) (670.40) Written Communication: Report dated January 16, 1990, from the City Attorney, asking that the hearings for the acquisition of equestrian easements on the Wish and Moore properties be continued so as to allow sufficient time for the property owners to present any optional concepts for the creation of equestrian easements within the general area outside of their properties in lieu of eminent domain proceedings. Mayor Hausdorfer opened the eminent domain hearings, and there being no response from the property owners, closed the hearing. Continuance of Hearings: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that the eminent domain hearings be continued to the meeting of February 6, 1990. 2. EMINENT DOMAIN HEARING - LA NOVIA EXTENSION (CAPISTRANO RAMBLAS DEVELOPMENT CORPORATION) (670.40) Written Communication: Report dated January 16, 1990, from the City Attorney, recommending that eminent domain proceedings be initiated to acquire two additional easement areas required for the La Novia Extension project. An offer was made to the property -9- 1/16/90 I owner by the City for the acquisition of these areas, with no agreement reached. Mr. Shaw made an oral presentation, noting the submission of an amended legal description of the easement. Mayor Hausdorfer opened the eminent domain hearing, and there being no response from the property owner, closed the hearing. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the following Resolution be adopted: RESOLUTION NO. 90-1-16-6, EMINENT DOMAIN PROCEEDINGS (CAPISTRANO RAMBLAS DEVELOPMENT CORPORATION) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AND THE EXPENDING OF FUNDS THEREFOR AND THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (A PORTION OF ASSESSOR'S PARCEL NO. 666-311-01) (CAPISTRANO RAMBLAS DEVELOPMENT CORPORATION) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10 Written Communication: Report dated January 16, 1990, from the Director of Community Planning and Development advising that five major development applications were received by the City since the last report of November 21, 1989. The report was received and filed. HISTORIC DEPICTION PROGRAM (CREEKSIDE EOUESTRIAN/GATES) (610.30) Written Communication: Report dated January 16, 1990, from the Director of Community Planning and Development, forwarding a recommendation of -10- 1/16/90 3 e,7 approval for the Historic Depiction Program submitted by Creekside Equestrian, Ltd., consisting of a display of antique farming implements and related artifacts. Approval of Historic Depiction Program: It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried that the Historic Depiction Program for Creekside Equestrian be approved, subject to the following conditions: (1) Applicant shall prepare a brochure and map which delineates locations of the artifacts and gives additional descriptive details on each artifact's history and the importance of farming to the area; (2) Applicant shall work with members of the Cultural Arts and Heritage Commission in preparing the brochure and descriptive data, and the brochure shall be approved by the Cultural Arts and Heritage Commission prior to issuance of the first Certificate of Use and Occupancy; and (3) Applicant shall provide adequate measures to protect the artifacts from the weather, theft, and vandalism. 3. VESTING TENTATIVE TRACT MAP 14216 - REVISED ARCHITECTURAL CONTROL 86-7 AND RESIDENTIAL ALLOCATION REQUEST (CAPISTRANO VALLEY TENNIS CLUB VILLAS/INTERWEST CORPORATION/BUNNELL) (420.40/410.60/440.501 Written Communication: Report dated January 16, 1990, from the Director of Community Planning and Development, forwarding the preliminary review of revised AC 86-7 for the construction of a 10 -acre tennis club and 6 -acre residential development, which the Council had referred back to the Planning Commission and Architectural Board of Review at the meeting of November 21, 1989. Exhibits were on display, and Mr. Merrell made an oral presentation, noting the project schedule and modifications made by the applicants pursuant to the Council action of November 21. He stated that the applicants have proposed to self -contain the flood control improvements without extensive creek modifications, which staff is currently evaluating. Acknowledgement and Affirmation: It was moved by Councilman Schwartze, seconded by Councilman Bland, and unanimously carried that: -11- 1/16/90 (1) The Environmental Review Board action to prepare an Addendum to EIR 87-1 be acknowledged, and the action to refer the project to the Architectural Board of Review and the Planning Commission be affirmed; and (2) The overall site plan concept is generally acceptable, subject to review and revisions (including those listed in the Staff Report), and is appropriate to proceed through the development review process. Councilman Schwartze suggested that in cases where short driveways are of concern, roll -up garage doors be considered. 4. INITIATION OF AMENDMENT TO THE MUNICIPAL CODE TO PERMIT CHURCHES IN THE MP (INDUSTRIAL PARK) DISTRICT (LIFE CHURCH OF SADDLEBACK VALLEY) (420.30) Written Communication: Report dated January 16, 1990, from the Director of Community Planning and Development, forwarding a request from the Life Church of Saddleback Valley to amend the Municipal Code to permit "religious -related uses" within the MP (Industrial Park) District so that their church meetings could be held in a portion of the Endevco building, which is located within the MP District on Rancho Viejo Road. Staff recommended initiation of the amendment process so that staff and the Planning Commission may consider the merits of the request. Mr. Merrell made an oral presentation and requested that the scope of the amendment be broadened so as to incorporate other organizations within the community that have similar interim needs, perhaps limiting the use for a two-year period of time. He noted that an emergency measure would be submitted for Council consideration at the next meeting regarding this request as well as a request from Nichols Institute for an off-site parking lot. Initiation of Amendment: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that consideration of an amendment to the Municipal Code be initiated to allow the establishment of interim or temporary uses within the MP (Industrial Park) District, not to be construed as future approval of the proposed amendment when submitted for formal review and action. Councilman Bland requested that consideration be given to reviewing the uses on an annual basis and that the issue of temporary signage and identification be addressed. -12- 1/16/90 DIRECTOR OF PUBLIC WORKS 1. ADDITIONAL CONSULTING SERVICES - SEWER USER FEE STUDY (MURK) (1040.20) Written Communication: Report dated January 16, 1990, from the Director of Public Works, requesting additional funds in the amount of $12,800 for outside computer services and $6,200 for additional specialized services (totaling $19,000) for the extension of work on the City's Sewer User Fee Study, which will bring the assessment of sewer user fees to commercial/ industrial business into compliance with state standards. Approval of Budget Transfer: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that a budget transfer in the amount of $19,000 within the Sewer Enterprise Fund (Account No. 17-6213-4440) be approved for the additional work for the Sewer User Fee Study. 2. SEWER RECONSTRUCTION BUDGET AMENDMENT (HILLTOP WAY) (330.301 Written Communication: Report dated January 16, 1990, from the Director of Public Works, requesting a budget amendment in the amount of $75,000 for the reconstruction of the Hilltop Way sewer because of low spots and standing water in the lines, with staff to obtain input from residents during the design stage. Approval of Budget Amendment: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that a budget amendment in the amount of $75,000 be approved from the Sewer Fund Reserve for the reconstruction of the Hilltop Way sewer. COUNCILMANIC ITEMS APPOINTMENT OF ONE MEMBER TO THE LOS RIOS REVIEW COMMITTEE (110.20) Written Communication: Report dated January 16, 1990, from the Senior Management Assistant, noting that two applications have been received for the vacancy on the Los Rios Review Committee. Continuation of Advertisement: It was moved by Councilman Buchheim, Bland, and unanimously carried that the -13- seconded by Councilman selection of Committee 1/16/90 70 members be continued for up to 60 days to allow time for review of Committee makeup. 2. APPOINTMENT OF ONE MEMBER TO THE CULTURAL ARTS AND HERITAGE COMMISSION (110.20) Written Communication: Report dated January 16, 1990, from the Senior Management Assistant, noting that nine applications have been received for the vacancy on the Cultural Arts and Heritage Commission. Appointment of Member: It was moved by Councilman Bland, seconded by Councilman Schwartze, and unanimously carried that Pamela Gibson be appointed to the vacancy on the Cultural Arts and Heritage Commission. 3. ORAL REPORTS OF OUTSIDE AGENCIES a. Capistrano Valley Wastewater Authority (1040.60) Councilman Buchheim noted that the next meeting is tentatively scheduled for June 1990. b. Southeast Regional Reclamation Authority (1040.60) Councilman Buchheim noted the meeting to be held on January 29, 1990, for discussion of composting and sludge handling. C. League of California Cities (140.20) Councilman Schwartze noted the Single Room Occupancy Program that will be considered by the Council in the near future. -14- 1/16/90 371 1 There being no further business before the Council, the meeting was adjourned at 7:52 p.m. to the next regular meeting date of Tuesday, February 6, 1990, at 7:00 p.m. in the City Council Chamber. ATTEST: ARY HAUSDORFER, YOR Respectfully submitted, MARY ANYEMOVER,-CITY CLERK -15- 1/16/90