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88-0119_CC_Minutes_Regular MeetingJANUARY 19, 1988 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 Bland at 7:05 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Inez Shannon, Baha'i Faith/Local Spiritual Assembly of San Juan Capistrano. ROLL CALL PRESENT: Anthony L. Bland, Mayor Lawrence F. Buchheim, Mayor pro tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: Phillip R. Schwartze, Councilman (arrived at 8:40 p.m.) STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; 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, Recording Secretary. MINUTES Regular Meeting of January 5, 1988: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the Minutes of the Regular Meeting of January 5, 1988, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 1/19/88 70 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 Friess, Buchheim Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated December 31, 1987, Warrant Nos. 5,381-5,699, in the total amount of $788,462.44, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of December 31, 1987, in the total amount of $14,295,937.50, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60) The City Treasurer's Report of 1911 Act Bond Delinquencies as of December 31, 1987, in the total amount of $33.24, was approved as submitted. 4. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50) The City Treasurer's Report of Cash Fund Balances as of October 31, 1987, in the total amount of $288,227.71, was approved as submitted. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated January 19, 1988, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of January 11, 1988, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated January 19, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meeting of January 12, 1988, was ordered received and filed. 7. APPROVAL OF REVISED FINAL MAP TRACT 12954 MARBELLA (600.30/420.40) As set forth in the report dated January 19, 1988, from the Director of Public Works, Revised Final Map, Tract 12954, adding minor adjustments in grading and lot boundaries within the tract, was approved for recording. The City Clerk and City Engineer were authorized the execute the Final Map on behalf of the City. -2- 1/19/88 71 8. APPROVAL OF FINAL MAP, PARCEL MAP 86-252 (LAS HADAS) (420.70) As set forth in the report dated January 19, 1988, from the Director of Public Works, Final Map 86-252, dividing the property located north of Del Obispo between Paseo Adelanto and Los Rios Street into two parcels, was approved for recording. The City Clerk and City Engineer were directed to execute the Final Map on behalf of the City. 9. APPROVAL OF FINAL MAP, PARCEL MAP 87-253 (PRICE CLUB) (420.70) As set forth in the report dated January 19, 1988, from the Director of Public Works, Final Map 87-253, dividing the Price Club property into six parcels, was approved for recording. The City Clerk and City Engineer were authorized to execute the Final Map on behalf of the City. RECESS AND RECONVENE Council recessed at 7:10 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:17 p.m. ADMINISTRATIVE ITEMS CITY MANAGER EXPANSION OF MUNICIPAL OFFICES (200.30) Written Communications: Report dated January 19, 1988, from the Assistant City Manager, recommending the purchase of three trailers to eliminate overcrowding in the City Manager's Office and in Planning and Public Works, and provide the City with a lunchroom/meeting room for general purpose usage. Cost to purchase and set up the trailers was estimated at $75,000; an additional $10,000 would be needed for furniture and equipment; and, $5,000 contingency for miscellaneous items. Funds for the project had not been budgeted, but were available in the Internal Service Fund. The report further advised that staff had been working with John Taylor Construction, and due to his familiarity with the City Hall Building, waiver of the bidding process was recommended. Exhibits were on display and the Assistant City Manager made an oral report. Approval of Trailer Purchase: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to authorize staff to purchase three trailers; to waive formal bidding and authorize staff to enter into an agreement with Taylor Construction for services; and, to authorize a budget adjustment of $90,000 for the project. -3- 1/19/88 72 CITY ATTORNEY 1. REPEAL OF ORDINANCE NO. 607 (REPLICA FIREARMS) (585.10) Written Communications: Report dated January 13, 1988, from the City Attorney, advising that the State Legislature has enacted Chapter 597 of the 1987 statutes (Assembly Bill No. 295) which prohibits the brandishing of replica firearms in a manner which causes apprehension or fear on the part of another person. That action preempts the City's regulation. Repealing Replica Firearms 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 Hausdorfer that the following Ordinance be introduced: REPEALING REPLICA FIREARMS ORDINANCE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING ORDINANCE NO. 607 (REPLICA FIREARMS) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze DIRECTOR OF ADMINISTRATIVE SERVICES 1. CITY INVESTMENT - BOND .ANTICIPATION NOTE - COMM Written Communications: Report dated January 19, 1988, from the City Treasurer and the Director of Administrative Services, recommending purchase of an Interim Investment Instrument to facilitate an ongoing positive cash flow for the Redevelopment Agency. The interest rate will be set at 9% to 9.5%; a $6,000,000 cash advance can be provided. The report stated that the transaction was an opportunity for the City to assist and demonstrate its continued support of the Community Redevelopment Agency economic program. Approval of Investment: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the investment transaction with the Agency. -4- 1/19/88 73 DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT DETERMINATION OF CONSISTENCY - Written Communications: Report dated January 19, 1988, from the Director of Community Planning and Development, advising that adoption of the Specific Development Plan for the project also required that buildings B and D be reduced to two stories. It was now appropriate to review the revised plans for buildings B and D to determine that the elevations conform to the original intent of the project approval and to determine that the components of the project which are required to protect the public interest have been assured of completion at the proper time. Exhibits were on display and the City Planner made an oral report, noting that the Planning Commission had reviewed and approved the towered building elevations and the Rancho Viejo Road improvement plans. The overall leaseable square footage of the project had been reduced. He advised that there were two additional changes not depicted on the revised plans relating to revised height of the arches on buildings A and B and revised roof detail over the entry on buildings C and D. Staff recommended approval of both. Discussion ensued regarding bonding for road improvements and the requirement that all off-site improvements commence with the start of grading. Mayor Bland stated his concerns regarding maintaining views, lowering the density of the project and circulation around the area had been addressed in the revised plans. Approval of Elevations/Construction Phasing: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to: (1) Determine that the revised elevations for buildings B and D are consistent with the original project approval; and, (2) Approve the construction phasing program, subject to the following conditions: (a) Final landscape plan shall provide for the installation of interior landscaping and irrigation of the Phase It area prior to the release of any Use and Occupancy permits for Phase I buildings. (b) Off-site improvement agreement and bonding shall include provisions for the Rancho Viejo Road and signal improvements to be installed concurrently with the grading for Phase 1. 87-4 - PEPPERWOOD Proposal: Request for a change in land use designation from 1.4 Medium Density Residential to 1.6 High Density Residential for a 496 -unit apartment complex located on approximately 29.9 acres north of the present terminus of Alipaz Street. -5- 1/19/88 5- 1/19/88 74 Applicant: Mr. Jack E. Butler, BLT Partnership No. 4, 2401 Colorado Avenue, Suite 214, Santa Monica, 90404. Property Owner• Virginia and Henry Turner, Tr., 989 Cliff Drive, Laguna Beach, 92651. Written Communications: Report dated January t9, 1988, from the Director of Community Planning and Development, advising that the project falls within the general boundaries of the Northwest Sector Planning Study and could be considered concurrently with that Study, since the proposed amendment may affect adjacent land uses. The report advised that the project is located within the Community Redevelopment Agency project area and the applicant had initiated preliminary discussion regarding financial assistance for necessary public infrastructure. Exhibits were on display and discussion ensued regarding the importance of including study of the project with the Northwest Sector Planning, particularly as it relates to the extension of Alipaz Street, access to the Transportation Corridors and flood control. Bob Gannon, 31941 Alipaz Street, was advised of the location of the project. Patrick McClellan, 31612 Paseo Rita, requested notification of any Hearings regarding the proposed Amendment. Initiation of Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to initiate consideration of General Plan Amendment 87-4 (Butler), noting that such consideration in no way implies an intent to either approve and disapprove the proposal. The Amendment is to be considered concurrently with the Northwest Sector Planning Study; however, it is not to be held up by the Northwest Sector Planning Study should that Study not continue to move forward. DIRECTOR OF PUBLIC WORKS AWARD OF CONTRACT - 1988 WEED ABATEMENT PROGRAM (600.30) Written Communications: Report dated January 19, 1988, from the Director of Public Works, forwarding results of bids received for the 1988 Weed Abatement Program. The report recommended award of the bid to Gardner Tractor Service. The Director of Public Works noted that the amounts listed on Page 17 of the Contract had been corrected. Award of 1988 Weed Abatement Program Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to accept the bid as complete and to award the contract to the low responsible bidder, Gardner Tractor Service of Cypress, in the amount of $26,339. -6- 1/19/88 75 2. FINAL MAP AND IMPROVEMENT AGREEMENT TRACT 12257 ue n, runnnv nccnr,nrcc cnn in eon ,.n Written Communications: Report dated January 19, 1988, from the Director of Public Works, advising that Tract 12257, located at the southeast corner of Rancho Viejo Road and Mission Hills Drive, was ready for final approval. All necessary conditions of approval had been met, and all bonds and fees had been submitted and paid. A cash bond of $163,862 had been submitted to guarantee completion of Rancho Viejo Road improvements. The Director of Public Works advised that the Improvement Agreement required the developer to complete improvements by August L9th, and to begin work on the public improvements within 30 days of execution of the agreement. It was clarified that $163,862 cash had been deposited in the City's account for completion of the road improvements. Discussion ensued regarding the construction trailer. Council was advised that a permit had been issued for the trailer and that the developer was only entitled to have the trailer on the site while pursuing the building permits. Approval of Final Map/Improvement Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve Final Map, Tract 12257 (Healthpark) by determining that the Final Map is In substantial compliance with the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Improvement Agreement on behalf of the City. The City Clerk and City Engineer were authorized to execute the Map for recording. Staff was directed to send notice that the construction trailer is to be removed from the site. ORDINANCES I. AMENDMENT TO CHAPTER 2 TITLE 9 OF THE MUNICIPAL CODE - ADMINISTRATION AND PROCEDURES ADOPTION 420.30 Written Communications: Report dated January 19, 1988, from the City Clerk, advising that the Ordinance was introduced at the meeting of January 5, 1988, 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 Buchheim, seconded by Councilman Friess that the following Ordinance be adopted: ORDINANCE NO. 620, AMENDMENT TO CHAPTER 2, TITLE 9 OF THE MUNICIPAL CODE - ADMINISTRATION AND PROCEDURES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 2 "ADMINISTRATION" OF TITLE 9 "LAND USE" OF THE MUNICIPAL CODE -7- 1/19/88 fL7 The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 2. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE -SPEED LIMITS - Written Communications: Report dated January 19, 1988, from the City Clerk, advising that the Ordinance was introduced at the meeting of January 5, 1988, 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 Buchheim, seconded by Councilman Hausdorfer that the following Ordinance be adopted: 621. AME ITLE 4 OF MUIN1%-1t'P%L I-UUG LA NOVIA AVENUE AND HIGHLAND DRIVE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON LA NOVIA AVENUE AND HIGHLAND DRIVE BY AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze COUNCIL REMARKS I. REMOVAL OF CHRI i - CAPISTRAN( Councilman Friess requested that exterior Christmas lights be removed from the two developments. 10 1/19/88 2. PUBLIC WORKS STAFF (610.40) 77 Councilman Buchheim complimented the Public Works staff for their efforts in removing storm debris. 3. AMTRAK - FASTRAK (940.80) Mayor Bland noted that he had attended the inauguration of the Amtrak "Fastrak" service to the South Coast Plaza Area and that information could be obtained from the South Coast Plaza Town Center. 4. ARCHAEOLOGICAL FINDS (BURREAL ADOBE/BARRACKS) (910.40) Mayor Bland noted that archaeological investigation for the Historic Town Center project had revealed foundations of the Burreal Adobe and old mission barracks. 5. CONSTRUCTION WORK HOURS VIOLATIONS (450.70) Mayor Bland noted that staff research of possible penalties for violation of the City's regulations revealed that State taws would allow only token fines. At this suggestion, there was a consensus of Council to discontinue any further investigation. CLOSED SESSION Council recessed to a Closed Session at 8:02 p.m., for discussion of legal matters relating to a claim against the City, with the City Clerk excused therefrom. Councilman Schwartze arrived at 8:40 p.m. The meeting reconvened at 9:02 p.m. with Councilman Hausdorfer and Schwartze absent. COUNCIL ACTIONS CLAIM SETTLEMENT (DAVIS) (170.70) It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried with Councilmen Hausdorfer and Schwartze absent, to authorize the City Manager and City Attorney to negotiate a claim settlement with Maralee Davis. -9- 1/19/88 9- 1/19/88 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:02 p.m., to the next regular meeting date of Tuesday, February 2, 1988, at 7:00 p.m., in the City Council Chamber. ATTEST: AN HONY L. ND, MAYOR Respectfully submitted,