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88-0315_CC_Minutes_Regular Meeting123 MARCH 15, 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 7:09 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: Anthony L. Bland, Mayor Lawrence F. Buchheim, Mayor pro tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: None 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 March 1, 1988: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of March 1, 1988, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None 3/15/88 124 PRESENTATIONS AND COMMENDATIONS CERTIFICATE OF RECOGNITION HONORING RICHARD WORDES (110.30) Written Communications: _ Report dated March 15, 1988, from the Senior Administrative .Assistant, advising that in accordance with City Council Policy, a Certificate of Recognition had been prepared for Mr. Wordes, whose resignation from the Planning Commission had been accepted by Council on February 16, 1988. Mayor Bland read the Certification of Recognition in full. Mr. Wordes was present to receive the Certificate. 2. MAYOR'S PRIDE PROGRAM (610.30) This item was taken out of order on the Agenda. Written Communications: Report dated March 15, 1988, from the City Manager, advising that a committee composed of the President of the San Juan Chamber of Commerce, President of San Juan Beautiful, President of the San Juan Historical Society and the Mayor, had reviewed nominees in three specific categories and recommended that the following businesses receive the first annual Mayor's Business Community Pride Award: Commercial Business - Jack -in -the Box; Industrial Business - Endevco Retail Business - G. R. Durenberger The Mayor presented the Mayor's Business Community Pride Awards to Bill Medina, Endevco; Tracy Southall, Jack-in-the-Box; and, Gep Durenberger, G. R. Durenberger. ORAL COMMUNICATIONS 1. WESTSIDE ANNEXATION NO. 2 (620.20) The following persons requested time to address the item regarding the Westside Annexation No. 2: Bob Hill, One Upper Newport Plaza, Newport Beach; Bernard Fallon, 8 Old Ranch Road; Robert E. Curry, Latham & Watkins, Attorneys at Law, 650 Town Center Dr., Costa Mesa; Lee Bangerter, 31645 Peppertree Bend; David Hansen, 31171 Calle del Campo; Nancy Christensen, P. O. Box 7082, Laguna Niguel, questioned whether speaking on the issue would constitute a violation of her pre -annexation agreement. There was a consensus of Council that such action would not constitute a violation. -2- 3/15/88 125 2. FRIENDS OF HISTORIC SAN JUAN CAPISTRANO (910.20) John Tatum, Friends of Historic San Juan Capistrano, P. O. Box 1645, presented a letter dated March 15, 1988, requesting they be provided with a marketing study for the Historic Town Center; that an independent outside firm conduct a survey regarding type of construction in the Historic Town Center; and, that a study be made on the concept of full reconstruction of the area, 1790 to 1900, and its economic viability and cultural significance. Discussion ensued regarding the architect's report and completion of the architectural investigation prior to the making of any decisions. There was a consensus of Council that a member of the Friends of Historic San Juan Capistrano meet with a member of City staff to discuss their concerns and ideas. Frank Ducey, 201 Calle Felicidad, San Clemente, advised that the organization membership included professional people willing to help resolve the issues. He requested that the organization be allowed to review the environmental impact report section pertaining to the archeological findings. CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, 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 Hausdorfer, and Mayor Bland NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated February 25, 1988, Warrant Nos. 6,404, 6,574-6,577, 6,581 and 6,671-6,687, in the total amount of $1,643,993.57; and, dated February 25, 1988, Warrant Nos. 6,686-6,808, in the total amount of $372,127.81, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of February 29, 1988, in the total amount of $17,335,937.50, 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 February 25, 1988, in the total amount of $1310.73, was approved as submitted. 4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated March 15, 1988, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of February 23, 1988, was ordered received and filed. -3- 3/15/88 126 5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated March 15, 1988, from the Secrerary of the Los Rios Review Committee Commission, regarding actions taken at the meeting of February 25, 1988, was ordered received and filed. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS NU -WEST PROJECT 410.60 This item was removed from the Consent Calendar at the request of Councilman Friess for clarification of the recommendation to reduce the number of trees in the project. The City Planner advised that the recommendation addressed the knoll area; the overall number of trees had been upgraded. It was moved by 'Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to receive and file the report dated March 0, 1988, from the Secretary of the Architectural Board of Review, regarding actions taken at the meeting of March 2, 1988. These two items were removed from the Consent Calendar at the request of David Hanson, Chairman of the Traffic and Transportation Commission, to address the Commission's concerns regarding parking conditions for the proposed gymnasium at St. Margaret's School, Architectural Control 87-16. Discussion ensued and it was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried that a report be submitted to Council regarding parking for the gymnasium. It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to receive and file the remainder of the items on the report dated March 15, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meeting of March 8, 1988. It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to receive and file the remainder of the items on the report dated March 15, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of February 10 and February 24, 1988. PUBLIC HEARINGS APPEAL OF PLANNING TION - This Public Hearing was continued from the meeting of March 1, 1988. Written Communications: Report dated March 15, 1988, from the Director of Community Planning and Development, advising that the item had been continued to investigate issues related -4- 3/15/88 12'7 to the Trabuco Creek floodplain. The report advised that the property is located within the 100 -year floodplain, Floodway Overlay District (FP -1), as shown on the current Federal Emergency Management Agency maps. The City's regulations allow construction of temporary and readily removable structures in the 100 -year floodplain; Federal Emergency Management Agency regulations do not allow structures and substantial improvements. In order to maintain eligibility for flood insurance, the City's zoning code must be amended to be consistent with Federal Emergency Management Agency regulations. Staff is currently working to amend the City's FP -1 District regulations, and the Federal Emergency Management Agency maps are being updated as part of the Northwest Planning Study. The report advised that preliminary information indicated that a substantial portion of the Harris property could be withdrawn from the 100 -year floodplain. It was anticipated that the process to amend the maps could take from 6 to 12 months. The report advised that building permits could not now be issued for the project due to non- compliance with Federal Emergency Management Agency regulations. Should the appeal be approved, the report recommended that the one-year time limit for obtaining a building permit begin when the FP -1 District and the Federal Emergency Management Agency maps are amended. Exhibits were on display and the City Planner made an oral report, advising that the Planning Commission had deferred action on the request for 69 additional horses and barn structures due to cumulative impacts on adjacent neighborhoods. He explained the floodplain management issue and the conflicts between the requirements for participation in the National Flood Insurance Act and the current City regulations. The conflict would require modifications to the proposed structures, or modification of the floodplain, including Federal Agency revision of the floodplain maps. Discussion ensued and it was noted that in 1986 Mr. Harris had first requested the increase in the number of horses up to the maximum allowed under his conditional use permit. He had voluntarily withdrawn the request while the City conducted the Equestrian Study and developed the floodplain management program. The Director of Community Planning and Development advised that during the time of the Equestrian Study, the Federal Emergency Management Agency had become more restrictive and the issue had only become prominent since recent changes in Federal regulations. Council was advised that it would be difficult to make the proposed structures comply with current Federal Emergency Management Agency standards, and that issuing building permits would jeopardize the City's eligibility in the Flood Insurance Program. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) Jerry Harris, applicant, 31441 Avenida de la Vista, provided a history of his attempt to receive approval for additional horses and barn structures. He stated he had been led to believe that compliance with Federal Emergency Management Agency standards could be worked out; that the item had not been an issue two weeks ago. He stated that within the last year previously -approved structures had been errected at his stable and at an adjoining stable and he felt that nothing had changed significantly since 1981 to warrant denial of the request. -5- 3/15/88 128 (2) David Hanson, 31171 Calle del Campo, spoke in support of the appeal. (3) Ben Michalec, 26376 Oso Road, representing Capistrano Villas Homeowners Association, spoke in opposition to the project. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Council Discussion: Councilman Friess stated support for granting the additional horses and accessory buildings provided agreement could be reached for fair participation in flood control improvements, and the conflict with Federal Emergency Management Agency standards could be resolved. Councilman Hausdorfer concurred, and stressed concern that the problems be worked out in an expeditious manner. Approval of Additional Horses/Structures: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to approve the request for the 69 additional horses and the barn structures, with the condition that the applicant enter into an agreement for flood control improvements to Trabuco Creek along the west property line as recommended by the hydrology study for Trabuco and Oso Creeks. Staff and the City Attorney were directed to expedite resolution of the conflict with Federal Emergency Management Agency regulations. With the concurrence of the second, the motion was amended to include the recommendation that the one-year time limit for obtaining building permits begin upon amendment to the FP -1 District and Federal Emergency Management Agency maps. The City .Attorney advised that a resolution setting forth the conditions of approval would be presented at the April 5th Council meeting. Moratorium: Mayor Bland stated concerns that the Equestrian Study was to have resulted in information regarding the maximum use and maximum horse density in the area for use in future planning efforts. Since that data was not yet available, Council concurred with his suggestion that a moratorium be placed on additional horses. The item will be returned at a future meeting. RECESS AND RECONVENE Council recessed at 8:35 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:41 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. EASTERN SPHERE OF INFLUENCE (620.60) Written Communications: Report dated March 15, 1988, from the City Manager, recommending expansion of the City's sphere of influence along the eastern City boundary to provide for -6- 3/15/88 129 continuity of development in the Ortega Valley. The report advised that representatives of the Rancho :Mission Viejo did not oppose the expansion of the sphere of influence. Councilman Schwartze advised he would abstain from action on the matter and left the Council Chamber. Exhibits were on display and the City Manager made an oral report. Request for Review of Sphere of Influence Expansion: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 88-3-15-1. REOUESTING REVIEW OF LI JI LRIY Jf IILRL VC 11YI LU LIYV" - n RCJVLV IIVIN VF 1111.: CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THAT THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION UPDATE THE SAN JUAN CAPISTRANO SPHERE OF INFLUENCE BY EXPANDING THE BOUNDARY NORTHEAST OF THE EXISTING CITY LIMIT LINES The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 2. RECLASSIFICATION STUDY OF SELECT POSITIONS (700.20) Written Communications: Report dated March 15, 1988, from the Assistant City Manager, advising that five positions were reviewed and analyzed over the past year. Based on input from a consulting firm retained to conduct an impartial review of the positions, analysis of internal organizational alignments and marketplace comparisons of duties, salary and compensation, the following changes were recommended: Deputy City Clerk - upgrade position to management classification; 7 percent salary increase; Secretary to the City Manager - 121' percent salary increase; Administrative Assistant - Rename position "Management Assistant;" no salary increase. Senior Administrative Assistant - Rename position "Senior Management Assistant;" 741' percent salary increase; and, Administrative Services Officer - Position is presently vacant. Position to be deleted and refilled at Management Assistant level. -7- 3/15/88 130 Amending Classification and Compensation Plan: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 88-3-15-2. AMENDING RESOLU COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 86-6-24-1, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze Councilman Schwartze returned to the Council Chamber. CITY CLERK 1. WESTSIDE ANNEXATION NO. 2 - PROTEST HEARING RESULTS (620.20) Written Communications: 1 Report dated March 15, 1988, from the City Clerk, advising that a protest hearing was held on February 9, to take public testimony and continued to March 1, at which time the hearing was closed. The City received protests amounting to 47% of registered voters residing within the affected territory. (2) Letter dated March 14, 1988, from Lisa Swails, No. 1 Burning Tree, Laguna Niguel, 92677, regarding invalidation of her protest. (3) Letter dated March 15, 1988, from Robert O Hill, One Upper Newport Plaza, Newport Beach, 92660, regarding the invalidated protests. A letter to the Registrar of Voters regarding the invalidated protests was also included. Exhibits were on display and the City Attorney advised that this was the time for _ the City Council to make a determination as to the value of protest; this was not a public hearing item; consequently, it would be inappropriate to receive any new testimony or new documentary evidence concerning the validity of the protest as the protest hearing has been closed as of March 1, 1988. The only evidence that may properly be considered is that which was received during the prior public hearings. The Brown Act allows the public to speak to any subject during the course of a public meeting; however, it is important to make clear that the evidentiary record has closed as of March 1, 1988, and that no further evidence should be admitted into 3/15/88 131 the record for purposes of making a determination as to the value of protest lodged with the City as of March 1, 1988. Finally, it was noted that the public hearing closed March 1, 1988, and may not be legally reopened at this time. The City Clerk summarized the findings of the report and restated the reasons for disqualifying 7 protests. She advised there were 38 voters in the area and 18 valid protests had been received. She advised Council could either order an election or terminate the proceedings. Public Input: 1 Robert O. Hill, One Upper Newport Plaza, Newport Beach, stated that findings cited to disqualify the protests of the Bangerter family, Janelle Anderson, Lisa Swails and Nancy Smart were in error and stated his findings in support of accepting the protests. He requested reconsideration of the invalidated protests. (2) Bernard Fallon, 8 Old Ranch Road, stated that he personally knew the Bangerter family was living in the house at the time of their protest. He stated that polls taken in the neighborhood indicated that a ma)ority of residents wished to remain in Laguna Niguel. (3) Robert Curry, attorney with the firm of Latham and Watkins, addressed legal issues and cited Supreme Court cases and Government Code sections in support of accepting the Bangerter family protests. (4) Lee Bangerter, 31645 Peppertree Bend, presented copies of bills as proof that the family was living on the premises. (5) Nancy Christensen, P. O. Box 7082, Laguna Niguel, declined to speak without an official resolution stating it would not be a violation of her pre -annexation agreement. The City Attorney stated that the Registrar of Voters' invalidation of the Bangerter affidavits was the evidence to be considered by Council and reiterated that the public hearing and time for submittal of information had been closed on March 1st. The City Clerk advised that the Nancy Smart protest had been invalidated because contact with the Registrar of Voters on March 2nd had indicated that the affidavit was not on file. The City Attorney advised that with respect to the Lisa Swails protest, the courts were stringent on invalidating protests lacking dates. Matter Set for Election (Withdrawn): Discussion ensued and there was general concurrence that an election was the fairest way to resolve the situation. It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer to set the matter for election on November 8, 1988. The motion was subsequently withdrawn. Additional Public Input: l Dennis Christensen, property owner, requested that his comments not be construed as opposition. He stated that the community should not be torn apart and the issue should be resolved in a fair manner and in good faith. He stated that the City Attorney had not adequately advised -9- 3/15/88 132 Council and it was the duty of the conducting authority to take up to 30 days to determine the value of protests. Therefore, testimony presented at this meeting was legally admissible. (2) Randy Knapp, 1 Riverstone, stated support for the annexation and setting the matter for election. (3) Bob Hill, stated that recent conversations with the Registrar of Voters indicated that their position was that the affidavits in question were valid. In response to Mayor Bland, the City Attorney stated that the full 30 days could be used to validate evidence. The Mayor clarified that information presented after the closed of the March 1st public hearing would not be considered. Decision Scheduled for March 29: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to investigate the validity of the voter registrations in question and to determine the position of the Registrar of Voters. A decision will be made at an adjourned meeting scheduled for March 29th at 7:00 p.m., in the City Council Chamber. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. HISTORIC DEPICTION PROGRAM (FRANCISCAN PLAZA) (610.30) Written Communications: Report dated March 15, 1988, from the Director of Community Planning and Development, recommending approval of an "early Mission scene" proposed to meet the requirements of the Historic Depiction Program for the Franciscan Plaza. Approval of Historic Depiction Program: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the Historic Depiction fresco at the Franciscan Plaza subject to the following conditions: (1) A nameplate shall be prepared which labels the fresco "Spanish Period After 1813." (2) The historic depiction artwork shall be completed in a manner to assure its permanency. (3) Final design and color are to be considered by the Planning Commission prior to painting the fresco on the building. ORDINANCES AMENDMENT TO TIT Written Communications: Report dated March 15, 1988, from the City Clerk, advising that the Ordinance was introduced at the meeting of March 1, 1988, and was scheduled for adoption. -10- 3/15/88 133 Adoption of Ordinance: The City Attorney read the title of the Ordinance neat in order. Further reading of all Ordinances had been waived earlier in the meeting.- It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be adopted: W W CALIFORNIA, AMENDING SECTION 9-3.607(e)(2) OF THE MUNICIPAL CODE RELATING TO GRADING FOR TENNIS COURT DEVELOPMENT The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None COUNCILMANIC ITEMS 1. Written Communications: Report dated March 15, 1988, from the Senior Administrative Assistant, forwarding the letter of resignation. Acceptance of Resignation/Declaration of Vacancy: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to accept the resignation of Edwin Dailey from his position as Alternate Committee Member on the Mobile Home Park Review Committee, and to declare the position vacant. Staff was directed to prepare appropriate documents to commend Mr. Dailey for his community service. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position. COUNCIL REMARKS 1. HERITAGE FESTIVAL -COMMUNITY FAIR (150.60) Councilman Friess commended staff and volunteers for a successful event. 2. CHAMBER/CITY SOFTBALL GAME (130.30) Councilman Friess noted that the City won the annual Chamber/City softball game. 3115/88 134 3. CAMINO CAPISTRANO STREET CONDITIONS (820.20) Councilman Friess noted that potholes were developing on Camino Capistrano just south of the Camino Capistrano Bridge. He cited the need to mark the pavement in the vicinity of the carwash on Camino Capistrano to warn of a change in pavement width. 4. SIGNS (410.40) Councilman Friess requested staff review the legality of signs at Doheny Park Road advertising the self -storage business and noting advertising units for rent at Villa del Obispo. 5. COUNTY -WIDE ANTI-DRUG PROGRAM (585.20) Councilman Hausdorfer advised that the League of California Cities was working with Sheriff Brad Gates to develop a County -Wide Anti -Drug Program. A Resolution of support will be prepared for a future agenda. 6. PARKING AT THE MULTI -MODAL FACILITY (570.20) Councilman Buchheim requested consideration of a change in the two-hour parking limit at the Multi -Modal facility. 7. USED CARS FOR SALE (570.30) Councilman Buchheim suggested discretion be used in ticketing cars with for sale signs sitting in front of an owner's residence. Mayor Bland noted the parking of used cars for sale at the El Adobe Plaza and requested enforcement of parking regulations. 8. AD HOC COMMITTEE -PLANNING COMMISSION INTERVIEWS (110.20) Councilman Schwartze and Mayor Bland will interview applicants for the Planning Commission vacancy. CLOSED SESSION Council recessed to a Closed Session at 10:10 p.m., for discussion of acquisition of the El Horno Kiln and litigation involving M. J. versus the City. The City Clerk was excused therefrom, and the meeting reconvened at 10:38 p.m. COUNCIL ACTIONS ACQUISITION OF EL HORNO KILN (670.20) It was moved by Councilman Schwartze, seconded by Councilman Friess and unanimously carried to accept the appraisal of the El Horno Kiln property and to authorize the City Manager to negotiate for the property. -12- 3/15/88 135 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:38 p.m., to the next meeting date of Tuesday, March 29, 1988, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, CITY is%� MARY ANN NOVER; C[ Y CLERK ATTEST: ANTHONY LtqLAND, MAYO -13- 3/15/88