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88-0920_CC_Minutes_Regular Meeting302 SEPTEMBER 20, 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 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 Doran Tregarthen, St. Margaret of Scotland Episcopal Church. DEDICATION OF MEETING Mayor Hausdorfer dedicated the meeting to the memory of Helena McKee, who died September 11th. Mrs. McKee had been President of the Senior Citizen's Club in 1986. Council expressed condolences to Mrs. McKee's family. 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; 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 September 6, 1988: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of September 6, 1988, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Schwartze 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: -1- 9/20/88 303 AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS RECOGNITION OF OUTSTANDING EMPLOYEES 1987-88 (730.90) Written Communications: Report dated September 20, 1988, from the City Manager, advising that the following 14 employees had been selected to receive the $1,000 Employee Performance Award: Julie Arvizu, Secretary Bob Banda, Maintenance Worker Nancy Barney, Administrative Secretary Cathleen DuCoing, Senior Engineering Aide Daniel Fox, Assistant Planner Jack Galaviz, Lead Maintenance Worker Ed Green Lead Maintenance Worker Diane Harrison, Secretary Tad Keelin, Graphics Illustrator Mary Laub, Building & Zoning Assistant Harold Muckey, Building Plan Examiner Brian Perry, Associate civil Engineer Dawn Schanderl, Records Coordinator Barbara Sutherland, Accounting Technician The 14 employees were present and joined Mayor Hausdorfer on the dais to receive the Awards. 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 Schwartze, Friess, Buchheim Bland, and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300 The List of Demands dated September 8, 1988, in the total amount of $240,188.72, was approved as submitted. -2- 9/20/88 304 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of August 31, 1988, in the total amount of $19,604,826.39, 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 August 31, 1988, was approved as submitted. 4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated September 29, 1988, from the Secretary of the Architectural Board of Review, regarding actions taken at the meeting of September 7, 1988, was ordered received and filed. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated September 20, 1988, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of September 12, 1988, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated September 20, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meeting of September 13, 1988, was ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated September 20, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of August 10 and August 24, 1988, was ordered received and filed. 8. APPL NATE BILL 821 FUNDS - As set forth in the report dated September 20, 1988, from the Director of Public Works, the following Resolution was adopted: rvlvw - WnGCLl.Rn1R nl.I. GJJ mnmrJ - n RCJVLU I IVIN VP lFir- CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR WHEELCHAIR ACCESS RAMP FUNDS UNDER SENATE BILL 821 AND APPROVING THE ADOPTION OF WHEELCHAIR ACCESS RAMP PLAN The Resolution approved the application for the City's proportionate share of Senate Bill 821 funds amounting to approximately $7,790. If funding is received, wheelchair ramps will be installed at Via Belardes and Del Obispo Street; and, Caile Reynalda and Del Obispo Street. The Resolution adopted the Wheelchair Access Ramp Plan for the City. -3- 9/20/88 305 9. AWARD OF CONTRACT - PHASE I As set forth in the report dated September 20, 1988, from the Director of Public Works, the contract for the second phase of the street light conversion project, wherein the remaining mercury vapor lamps will be converted to high pressure sodium vapor lamps, was awarded to Sierra Pacific Electric Contracting of Riverside, in the amount of $116,983. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. PUBLIC HEARINGS REVIEW OF DEVELOPMENT AGREEMENT MARBELLA DEVELOPMENT COMPANY 600.30) This item was continued from the meeting of September 6, 1988. Due to a conflict of interest, Councilmen Buchheim and Friess left the Chamber. Written Communications: Report dated September 6, 1988, and resubmitted September 20, 1988. Exhibits were on display and the Director of Community Planning and Development made an oral presentation. Public Hearing: Nc*:ce having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following person responded: (1) Phil Jacoby, representing the Fairway Land Company, a general partner of the Marbella Development Company, spoke in support of the Agreement. There being no further response, Mayor Hausdorfer closed the Hearing with the right to re -open at any time. Approval of Development Agreement: 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 Schwartze, seconded by Councilman Bland that the following Ordinance be introduced: OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE MARBELLA GOLF AND COUNTRY CLUB PROJECT -4- 9/20/88 306 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, and Mayor Hausdorfer NOES: None ABSTAIN: Councilmen Friess and Buchheim ABSENT: None The Ordinance found that the Development Agreement was consistent with all elements of the City's General Plan and the Planned Community/Comprehensive Development Plan zoning for the property. The environmental impact report previously certified by the City Council was found to be adequate to serve as the required environmental documentation for the agreement, and satisfied all requirements of the California Environmental Quality Act. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City for forwarding to the Orange County Recorder's Office. Councilmen Buchheim and Friess returned to the Chamber and resumed their duties. RECESS AND RECONVENE Council recessed at 7:28 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:43 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. OCTOBER COUNCIL MEETING SCHEDULE (610.25) Written Communications: Report dated September 20, 1988, from the City Manager, advising that there was a conflict between the regular Council meeting schedule of October 18th, and the League of California Cities Annual Conference scheduled to be held in San Diego from October 16, 1988, through October 19, 1988. Staff requested direction regarding the October 18th meeting. Cancellation of Meeting: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried that the meeting of October 18, 1988, will be cancelled. CITY ATTORNEY 1. REPEAL OF MUNICIPAL CODE SECTION 9-3.608(b) - TEMPORARY USES AND STRUCTURES FOR THE SALE OF FIREWORKS 420.30 Written Communications: Report dated September 20, 1988, from the City Attorney, recommending that Municipal Code Section 9-3.608(b), which regulated the temporary structures for the sale of fireworks, be repealed to provide consistency with Council's previous action to ban the sale of fireworks in the City. -5- 9/20/88 307 Approval of Municipal Code Amendment: 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 introduced: CALIFORNIA, AMENDING SECTION 9-3.608 ENTITLED 'TEMPORARY USES AND STRUCTURES," OF ARTICLE 6, "SUPPLEMENTAL DISTRICT REGULATIONS," OF TITLE 9 OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland, and Mayor Hausdorfer NOES: None ABSENT: None DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. PROPOSED DEVELOPMENT PROJECTS (440.10) 2. Written Communications: Report dated September 20, 1988, from the Director of Community Planning and Development, advising that no new development applications had been received by the Community Planning Division since August 16, 1988. With the consensus of Council, Mayor Hausdorfer ordered the report received and filed. Proposal: Consideration of an appeal of the July 26, 1988, Planning Commission action to approve the addition of a 2,936 -square -foot classroom at the existing Montessori School on Rancho Viejo Road. The appeal was based on concerns that there was not adequate notice; that expansion of the commercial nature of the school would affect property value, use, and enjoyment; and, that there was not adequate buffering between the two properties. The school is located on a 2 -acre parcel at 29402 Rancho Viejo Road and is surrounded by residential uses to the south and east; vacant property to the north; and, Interstate 5 to the west. The property is zoned IP (Public and Institutional). -6- 9/20/88 Appellant: Gar Norleen, 2622 Alki Place, Anaheim, California 92806, owner of adjacent residential property located at 29582 Spotted Bull Lane. Applicant: Mrs. Qudsia Roston, 29402 Rancho Viejo Road. Written Communications: Report dated September 20, 1988, from the Director of Community Planning and Development, advising that the project was consistent with all applicable goals, objectives and policies of the General Plan and with all applicable requirements of the Land Use Code. The report advised that twelve trees were to be relocated to the rear property line; six would be adjacent to the appellant's property. The appellant requested a solid wall along the shared property line; staff felt that due to the steepness of the slope, landscaping would be more effective. Exhibits were on display and Diane Bathgate, Planning Assistant, discussed the three issues that concerned the appellant. The Director of Community Planning and Development advised that surrounding neighborhoods had been notified of hearings at the Traffic and Transportation Commission and the Planning Commission level. Only the appellant, applicant and architect had been notified of the appeal since it focused on a property line dispute. Public Input: 1 Michael Frasier, L8200 Yorba Linda Boulevard, Yorba Linda, project architect, stated that a block wall would not be effective. He advised that trees scheduled for removal would be relocated to the perimeter of the property. Replacement in kind was required for any trees that did not survive. (2) George Grupe, 29542 Spotted Bull Lane, spoke on behalf of neighboring residents and stated concern that adequate notification had not been given. He stated that requirements had been placed on the school that had never been completed. (3) Gar Norleen, 22622 ALki Place, appellant, stated his concerns regarding potential liability and cited the location of the fence which prompted his concern. Council Discussion: Councilman Buchheim stated a desire to review the property and the fence in question and to allow time for additional notification. Councilman Bland stated that the notification question was not sufficient reason to continue the item. Councilman Friess stated that the issues did not appear to be relevant to the school or its addition. Confirming Planning Commission Approval: It was moved by Councilman Bland, seconded by Councilman Schwartze that the following Resolution be adopted: -7- 9/20/88 31• 3. 4. APPEAL THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING APPEAL AND CONFIRMING PLANNING COMMISSION APPROVAL OF ARCHITECTURAL CONTROL 88-3 FOR A CLASSROOM ADDITION (BOSTON/NORLEEN) The motion carried by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: Councilman Buchheim ABSENT: None Staff was directed to contact Mr. Grupe regarding notification. NTING OF Written Communications: Report dated September 20, 1988, from the Director of Community Planning and Development, forwarding a draft of the proposed City Brochure and an agreement with Hawkins Advertising Agency to print 5,000 copies. The report advised that the cost for printing the 5,000 copies was $21,200. Funds in the amount of $8,000 had been budgeted in the Community Development Division budget. Staff requested an appropriation of $13,200 from the General Fund to cover the cost of the contract. Approval of Brochure/ gement/General fund Appropriation: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the City Brochure; appropriate $13,200 from the General Fund to cover the printing costs; and, approve the agreement with Hawkins Advertising Agency of Corona Del Mar, in the amount of $21,200 to print 5,000 copies of the Brochure. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. Due to a conflict of interest, Councilman Schwartze left the Chamber. Proposal: Determination of the most appropriate method of preserving open space in perpetuity in the event that the existing Williamson Act contract on Lot 64, Tract 9382, is cancelled. Approval of Tract 9382 (Belford Terrace) created a 42 -acre lot known as Lot 64. A condition of tract approval required execution of an agreement for the transfer to the City of development rights and/or the entering into of a Williamson Act -type agreement in order to maintain the open space and/or the agricultural nature of the area. On September 5, 1979, Robert Maurer executed a -8- 9/20/88 310 Williamson Act agreement. Development plans have been submitted to further subdivide Lot 64 into 11 parcels, which would require cancellation of the Williamson Act contract and substitution of a different form of open space preservation for the remaining open space area. The applicant requested direction from Council for ultimate preservation of the open space so formal processing of development plans may continue. The property is located north of the Belford Terrace development and south of the Marbella development. The property is presently zoned GM(35) (Growth Management, minimum lot size 35 acres). The applicant requested a rezone to EL (Large Estate) and cancellation of the Williamson Act agreement. It was proposed that approximately 30 acres of the 42 -acre parcel would remain in natural open space. Applicant: Robert Maurer, Coral Properties, 14841 Yorba Street, Tustin, 92680. Property Owner: Keith Properties, 200 Baker Street, Costa Mesa, 92626. Written Communications: Report dated September 20, 1988, from the Director of Community Planning and Development, advising that the applicant suggested that a new agreement be implemented to allow for a total of 11 units on the 42 -acre parcel; the Williamson Act agreement allowed one primary dwelling unit and related accessory structures. The report set forth alternatives for preserving major open space features of the property such as open space easements and development rights; creation of a common lot; dedication of open space lots; and, additional open space easements over individual lots. The report advised that staff and the applicant supported dedication of the upper portion of the property, including the ridgeline; and, open space easements over the area not included in the building pad area for each of the lots. Exhibits were on display and the Director of Community Planning and Development provided a history of the project. Discussion ensued regarding the Council's discretionary ability to consider options other than an agreement for the transfer of development rights to the City. The City Attorney advised that the applicant was proposing a new subdivision and in doing so was asking the Council to modify a previous approval, which opened up total discretion on the Council's part. Public Input: 1 Roger Grable, Attorney with Rutan and Tucker, representing Mr. Maurer, discussed the issue of compensation; advised that a Notice of Non -Renewal of the Williamson Act contract had been filed and the contract would expire 10 years from January, 1989; and, stated that uses authorized under the Williamson Act could be more intrusive than the 3 homes which would take access through Belford Terrace. (2) Robert Maurer, applicant, stated that remain in open space. He agreed with 11 acres along the ridgeline, with the restricted. in approximately 32 acres would the concept of dedication of the remaining open space to be deed 9/20/88 311 (3) Michael Lopez, 31141 Santa Margarita Place, stated concerns about the hillside development, noting he had been assured there would be at most one home built there. He requested that Council uphold the current agreement. (4) Sheldon Cohen, 31162 Casa Grande Drive, cited lack of notification; stated that there was no ambiguity in the Williamson Act contract requiring another agreement; and, requested that Council adhere to what was agreed to in 1979. (5) Jack Mannix, 31161 Casa Grande Drive, cited expansive soil problems in the tract and the desire to have agricultural uses on the hill. (6) Bill Pasavanti, 31201 Casa Grande Drive, stated he had been assured that only one home would be built on the lot. (7) Frank Kendrick, 31171 Harmony Hall Court, stated he had been told the area would be open space in perpetuity. He requested Council not lose site of the original concept of maintaining this area in open space. Council discussed the ways the area could be maintained in open space. Councilman Friess noted serious problems with the eucalyptus trees on the site. He stated strong feelings that open space should be acquired in fee whenever possible. Dedication in Fee/Easements: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried, with Councilman Schwartze absent, to give direction to the Planning Commission that the 11 acres on the ridgeline were to be dedicated in fee and the remaining property outside the building pad area would be in open space easements. The motion carried unanimously. Councilman Schwartze returned to the meeting. COUNCILMANIC ITEMS 1. APPOINTMENT OF ONE MEMBER TO THE ARCHITECTURAL BOARD OF REVIEW 110.20 Written Communications: Report dated September 20, 1988, from the Senior Management Assistant, advising that four applications had been received. Appointment of Jerry Harris/Vacancy on Parks and Recreation Commission: Councilman Buchheim nominated Jerry Harris. There being no further nominations, nominations were closed and it was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to appoint Jerry Harris to fill the vacancy on the Architectural Board of Review. A vacancy was declared on the Parks and Recreation Commission and staff was authorized to advertise for applications to fill the vacancy. The duties, charges and functions of the Cultural Arts and Heritage Commission will be reviewed as time permits. Reappointment of members is to be scheduled for the next Council meeting. -10- 9/20/88 2. 312 ORAL REPORTS OF OUTSIDE AGENCIES Capistrano Valley Wastewater Authority (1040.60): Councilman Buchheim advised that Mike McNamara, Bond Agent for the Authority, had made a presentation; the Request for Proposal for a Bond Counsel had been reviewed. was continuing. Foothill/Eastern Transportation Corridor (800.50): Mayor Hausdorfer advised that the financing plan was moving ahead and the Corridor Agencies had gone on record in opposition to any Transportation Agency consolidation. San Joaquin Hills Transportation Corridor (800.50): Councilman Friess advised that the location of the connection with the I-5 freeway was fairly certain. League ofaCalifornia Cities (140.20): Councilmn Schwartze advised that Ron Bates, Mayor of Los Alamitos, was the Second Vice President; advised that Orange County had expressed concerns regarding the Southern California Association of Governments air quality management plan; and, reported on the progress of the City/County Coordinating Committee. COUNCIL REMARKS 1. Social Services Center (585.50) Finding for Consideration of Off -Agenda Item: It was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Appropriation of Funds: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to appropriate $17,000 as a 50 percent cost to continue the Social Services operation, with the understanding that it will only be used if the Board of Supervisors agrees to keep the office open for the balance of the fiscal year. Neighboring cities are to be requested to provide a proportionate share of the funding. 2. RED RIBBON WEEK (610.40) Mayor Hausdorfer requested that a Proclamation designating Red Ribbon Week be scheduled for the next Agency to highlight to war on drugs. 3. COMMUNITY FORUM (150.60) Mayor Hausdorfer advised that the Community Forum scheduled for Thursday, September 22, 1988, at 7:00 p.m., im the City Council Chamber. -11- 9/20/88 313 CLOSED SESSION Council recessed to a Closed Session at 9:50 p.m., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 10:28 p.m. — ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:28 p.m., to the next regular meeting date of Tuesday, October 4, 1988, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, .��� � �Il/ yPl /: • -12- 9/20/88