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81-1215_CC_Minutes_Regular Meeting67 DECEMBER 15, 1981 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 pro tem Buchheim at 7:00 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Homer Waisner, Jr., Ocean Community Church. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor (Arrived at 7:20 P.M.) Lawrence F. Buchheim, Mayor pro tem Anthony L. Bland, Councilman Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. Mayor pro tem Buchheim extended a Merry Christmas and Happy New Year to Council, staff, and the community. MINUTES Regular Meeting of November 17, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Bland that the Minutes of the Regular Meeting of November 17, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor pro tem Buchheim NOES: None ABSENT: Mayor Schwartze Regular Meeting of December 1, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Bland that the Minutes of the Regular Meeting of December 1, 1981, be approved as submitted. The motion carried by the following vote: -1- 12/15/81 AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor pro tem Buchheim NOES: None ABSENT: Mayor Schwartze Adjourned Regular Meeting of December 2, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Bland that the Minutes of the Adjourned Regular Meeting of December 2, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor pro tem Buchheim NOES: None ABSENT: Mayor Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland and Mayor pro tem Buchheim NOES: None ABSENT: Mayor Schwartze CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor pro tem Buchheim NOES: None ABSENT: Mayor Schwartze 1. APPROVAL OF WARRANTS (41) The List of Demands dated December 15, 1981, Warrants Register No. 82-062, in the total amount of $628,618.53, was approved as submitted. -2- 12/15/81 2. CITY TREASURER'S REP OF INVESTMENTS We (41) 3. The City Treasurer's Report of November 30, 1981, in the total was approved as submitted. CITY TREASURER'S REPORT OF 1911 Investments as of amount of $7,939,474.01, ACT BOND DELINQUENCIES (41) The City Treasurer's Report of 1911 Act bond delinquencies as of November 30, 1981, in the total amount of $36.76, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances as of November 30, 1981, was approved as submitted. 5. MODIFICATION OF VEHICLE STORAGE BUILDING - NOTICE OF COMPLETION AND FINAL REPORT (83) The following Resolution was adopted: RESOLUTION NO. 81-12-15-1, COMPLETION OF BUILUINub - A 1Khbull U'1'1UN U1'' 11't1:' Ul'1'Y UVUNUlL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE INTERIOR MODIFICATIONS OF EXISTING EQUIPMENT BUILDINGS The Resolution accepts the work completed by R. G. Construction, of Costa Mesa, California, and directs The City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Payment status is as follows: Total Project Cost: $35,771.25 Less 10% Retention - 3,577.12 Total Due To Date 32,194.13 Less Previous Payments -14,400.00 Amount Due this Payment 17,794.13 Staff was authorized to make the payments as indicated; payment of the 10% retention was authorized 35 days after recordation of the Notice of Completion. -3- 12/15/81 te o 6. PARCEL MAP 79-851,(PLAZA DEL RIO) - ABANDONMENT OF SEWER EASEMENT (85) The easement for abandonment of replaced sanitary sewers was accepted from Collins Diversified. The Mayor and City Clerk were authorized to execute the Quitclaim Deeds, and the City Clerk was authorized to record the documents. _ 7. APPROVAL OF MAINTENANCE AGREEMENT TRACT 9784 (MORELAND DEVELOPMENT) (38) The Agreement relating to the maintenance of entry pavers, landscaping and including irrigation facilities within the public right-of-way for Tract 9784 between the City of San Juan Capistrano and Moreland Development was approved. The Mayor and City Clerk were authorized to execute the Agreement, and the City Clerk was authorized to record the document. ACCEPTANCE OF STORM DRAIN EASEMENT - LOT 40, TRACT 7654, (LOS CORRALES) (85) The easement for storm drain purposes over Lot 40, Tract 7654, was accepted for recordation from Patrick Development, as set forth in the report dated December 15, from the Director of Public Works. 9. LA HISTORIA DE CAPISTRANO (VASQUEZ) (34) This agreement will be brought before the City Council at the meeting of January 5, 1982, pending minor revisions to the contract. 10. HEARING DATE - APPEAL OF PLANNING COMMISSION DECISION, MODIFICATION OF PLANS, TRACT 10103 (85) The hearing on the appeal of the Planning Commission denial of Modification of Plans, Tract 10103, filed by The Goeden Company, was scheduled for the regular meeting of January 5, 1982, at 7:00 P.M. in the City Council Chamber, as set forth in the Report dated December 15, 1981, from the City Clerk. 11. APPROVAL OF PROGRESS PAYMENT - LIBRARY ARCHITECTURAL SERVICES (MICHAEL GRAVES) (52) Staff was authorized to make payment to Michael Graves, Architect, in the amount of $32,078.40 in partial fulfillment of the architectural services contract and based upon City acceptance of the design development drawings. -4- 12/15/81 12. SELECTION OF CONSULTANT - CLASSIFICATION AND COMPENSATION STUDY (MSI) (66) The proposal submitted by Management Services Institute was approved, and the City Manager was authorized to execute the Agreement for a Comprehensive Classification and Compensation Study. 13. SELECTION OF CONSULTANT - COST ACCOUNTING AND REPORTING SYSTEM (MSI) (41) The proposal submitted by Management Services Institute was approved, and the City Manager was authorized to execute the Agreement for development of an internal financial systems program. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 81-3C, REZONE 81-7 (SAS CONSTRUCTORS, LTD.) (46) Proposal: This item was originally scheduled as a Public Hearing at the meeting of November 17. At the request of the Applicant, Council continued the item to December 15 to provide time to pursue the feasibility of an alternate land use and site plan concept, including a medical complex and private recreation facility. Applicant: SAS Constructors, Ltd., 540 Golden Circle Drive Santa Ana, California 92705 Written Communications: (1) Report dated December 15, 1981, from the Director of of Community Planning and Development, forwarding the recommendation that GPA 81-3 and Rezone 81-7 be referred back to the Planning Commission for review. (2) Letter dated December 1, 1981, from Douglas B. Schwartz of SAS Constructors, Ltd., Applicant, requesting that the revised plans be reconsidered by the Planning Commission. Public Hearing: Notice having been given as required by law, Mayor pro tem Buchheim opened the Public Hearing and there being no response, declared the Hearing closed. -5- 12/15/81 (2) Letter dated December 1, 1981, from Douglas B. Schwartz of SAS Constructors, Ltd., Applicant, requesting that the revised plans be reconsidered by the Planning Commission. Public Hearing: Notice having been given as required by law, Mayor pro tem Buchheim opened the Public Hearing and, there being no response, declared the Hearing closed. Referral to Planning Commission: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried that General Plan Amendment 81-3C and Rezone 81-7 be referred to the Planning Commission for consideration of the revised land use concept. 2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - GROWTH MANAGEMENT ZONING OF ANNEXED PROPERTIES (21) Proposal: The addition of Section 9-3.202 to the Municipal Code to provide for automatic Growth Management zoning of annexed property not otherwise prezoned. Applicant: This is a City -initiated Amendment. Written Communications: (1) Report dated December 15, 1981, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on December 8, 1981. Public Hearing: Notice having been given as required by law, Mayor pro tem Buchheim opened the Public Hearing and, there being no response, declared the Hearing closed. Introduction of Ordinance No. 445: 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 Hausdorfer, seconded by Councilman Friess that the following Ordinance _ be introduced: ORDINANCE NO. 445, ANNEXED TERRITORY NOT PREZONED - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.202 TO THE MUNICIPAL CODE, PROVIDING FOR AUTOMATIC GM ZONING OF ANNEXED TERRITORY NOT PREZONED PRIOR TO ANNEXATION Q. 12/15/81 73 The motion carried by the following vote: AYES: Councilman Friess, Hausdorfer, Bland, and Mayor pro tem Buchheim NOES: None ABSENT: Mayor Schwartze RESOLUTIONS 1. RECORDS MANAGEMENT - AUTHORIZATION TO DESTROY CERTAIN RECORDS (31) Written Communications: (1) Report dated December 15, 1981, from the City Clerk, forwarding a resolution authorizing the destruction of records, pursuant to Government Code Section 34090, et seq. (2) Memorandum dated December 15, 1981, from the City Attorney, authorizing destruction of the records listed on Exhibit A. Adoption of Resolution: It was moved by Councilman Bland and seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 81-12-15-2, PROVIDING FOR THE DESTRUCTION OF CERTAIN RECORDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO DESTROY CERTAIN CITY RECORDS AND DOCUMENTS PURSUANT TO THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor pro tem Buchheim NOES: None ABSENT: Mayor Schwartze CITY MANAGER 1. LIBRARY FINANCIAL CONSULTANT (52) Written Communications: (1) Report dated December 15, 1981, from the City Manager, regarding financial consultant proposals submitted concerning the library. -7- 12/15/81 74 The City Manager was authorized to accept the proposal of Birr Wilson Company, Inc. on behalf of the City. 2. NEIGHBORHOOD WATCH PROGRAM (70) Sheriff's Captain Vito Ferlauto made an oral report on burglary prevention and the Neighborhood Watch Program. There was a concurrence of Council that a series of community forums be implemented by February, 1982; the City Manager advised a proposed program would be returned for Council review. Mayor Schwartze arrived at 7:20 P.M. and assumed his duties. 3. STATUS REPORT - EQUESTRIAN FACILITIES CONTRACT (COOK PARK) (38) A proposed site plan for a municipal equestrian facility submitted by Equestrian Commissioners Gentner and Hanna was on display. Preparation of Plans and Specifications: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to authorize staff to prepare plans and specifications for the facility for future presentation to Council. The City Manager commended ad hoc committee members Gentner and Hanna, Public Works staff, and the City Clerk/Equestrian Commission Secretary for their efforts in compiling the draft contract and site plan. CITY CLERK 1. AFFIRMATION OF LOCAL APPOINTIVE LISTS (23) Written Communications: (1) Report dated December 15, 1981, from the City Clerk, forwarding the lists of all Commission, Board, and Committee members, the terms of office, and qualifications, pursuant to Government Code Section 54974. Affirmation of Appointments and Approval of Notice Procedures: It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to affirm the lists of Commissions, Boards, and Committees, as submitted, and to concur with the posting of Vacancy Notices in the City Clerk's Department and at the 3 official posting places in the City. -8- 12/15/81 705 ASSISTANT CITY MANAGER/ DIRECTOR OF ADMINISTRATIVE SERVICES 1. APPROVAL OF ANNUAL FINANCIAL REPORT (41) Written Communications: (1) Report dated December 15, 1981, from the Director of Administrative Services, forwarding the Annual Financial Report for the period ending June 30, 1981, and advising that the annual audit had been completed by Peat, Marwick, Mitchell & Company. Acceptance of Report: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the examination of the City's financial statements and to accept the Annual Report as submitted. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. CENTRAL BUSINESS DISTRICT AREA A STATUS REPORT LAND USE AND CIRCULATION STUDY (68) Written Communications: (1) Report dated December 15, 1981, from the Director of Community Planning and Development, forwarding the draft Land Use and Circulation Plan for Area A dated December, 1981. The District consists of approximately 18 acres of land located in the vicinity of the intersection of Del Obispo Street and Camino Capistrano. Exhibit were on display, and Mark Hall, representing Archiplan, made an oral presentation. Council commended Mr. Hall and staff on the progress made. With the concurrence of Council, Mayor Schwartze ordered the report received and filed. Technical aspects of the development will be reviewed with the landowners, and the final report will be referred to the City's Commissions and Boards for review. DIRECTOR OF PUBLIC WORKS 1. TREATMENT PLANT OPERATIONS - STATUS REPORT (SERRA) (79) Written Communications: (1) Report dated December 15, 1981, from the Director of Public Works. With the concurrence of Council, Mayor Schwartze ordered the report received and filed. -9- 12/15/81 76 PLANNING COMMISSION 1. REPORT OF MEETING OF DECEMBER 8. 1981 (67) The Report of actions taken by the Planning Commission at the meeting of December 8, 1981, was ordered received and filed. COUNCIL REMARKS AND COMMITTEE REPORTS 1. DOWNTOWN PARKING DISTRICT (68) Written Communications: (1) Report dated December 15, 1981, from Councilman Friess, settting forth the status of the proposed development of a public/private partnership which would be responsible for development of an off-street parking facility to serve the downtown area. A detailed report was prepared by Economic Research Associates, which outlines the proposed district boundary, financing techniques, costs, City actions, and a calendar of events. Approval of Report and Implementation: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to take the following actions, as recommended by the Downtown Property Owners' Committee: 1. The Parking District Report prepared by Economic Research Associates was accepted. 2. Staff was authorized to initiate discussions with the property owners within the area of the proposed Parking District. 3. The calendar of events proposed by the consultant was approved for implementation of the facilities by early 1983. Council expressed appreciation to Councilman Friess and the property owners for their involvement in the project. 2. OFF-ROAD VEHICLE ENFORCEMENT (70) Councilman Friess commended the Sheriff's Department for the recent enforcement of off-road vehicle usage. 3. TRABUCO ROAD IMPROVEMENTS (83) Councilman Friess suggested that a letter be sent to the Village San Juan Homeowners Association setting forth the status of street improvements and the estimated completion date. -10- 12/15/81 4. ORTEGA HIGHWAY - FREEWAY ACCESS (44) Councilman Friess requested a status report on the proposed left turn lanes from the Ortega Highway to the I-5 Freeway, with options available to encourage State participation. 5. TRAFFIC SIGNALS (82) Mayor Schwartze requested that staff review the synchronization of traffic signals at Ganado and La Novia Roads. 6. HISTORIC CITRUS GROVE PARK (62) There was a consensus of Council to approve the recommendation of Councilman Hausdorfer that staff be directed to prepare a formal presentation for review by the State Park Department of proposals for establishment of an historic citrus grove park in the City. 7. TRAFFIC AND PARKING CONDITIONS (WALNUT GROVE RESTAURANT) (64) Councilman Bland requested that staff review traffic and parking conditions at the Walnut Grove Restaurant on Ortega Highway. 8. DEVELOPMENT FEES (BUILDING INDUSTRY ASSOCIATION) (76) Mayor Schwartze referred the letter dated December 1, 1981, from the Building Industry Association to the City Clerk for reply. 9. AMTRAK - CAPISTRANO DEPOT PROMOTION (88) Council concurred with the request of the City Manager that the City participate in a January 21st State/Amtrak review of Orange County train stations. Staff was directed to provide a report at the meeting of January 5, 1982, regarding proposal for promoting the Capistrano Depot. CLOSED SESSION Council recessed to Closed Session at 8:45 P.M. for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 9:12 P.M. -11- 12/15/81 78 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:12 P.M. to the next regular meeting date of Tuesday, January 5, 1982, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, MARY ADNNiN ER, CITY CLERK ATTEST- -12- 12/15/81