Loading...
82-0105_CC_Minutes_Regular Meeting79 JANUARY 5, 1982 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 Schwartze at 7:05 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck, Community Presbyterian Church. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor 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. MINUTES Regular Meeting of December 15, 1981 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of December 15, 1981, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Buchheim, Bland, Friess, and Hausdorfer NOES: None ABSTAIN: Mayor Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Friess, seconded by Councilman Bland, that all Ordinances be read by title only. The motion carried by the following vote: -1- 1/5/82 AYES: NOES: ABSENT: Councilmen Buchheim, Bland, Friess, Hausdorfer and Mayor Schwartze None None PRESENTATIONS AND COMMENDATIONS 1. The City Council accepted the resignation from the (23) Equestrian Commission submitted by Brian Gentner and declared the office to be vacant. The following Resolution was adopted and presented to Mr. Gentner with appreciation for his service to the community from June 20, 1979, to December, 1981: RESOLUTION NO. 81-1-5-1, COMMENDING BRIAN H. GENTNER - A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING EQUESTRIAN COMMISSION MEMBER BRIAN H. GENTNER The motion was carried by the following vote: AYES: Councilmen Buchheim, Bland, Friess, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None ORAL COMMUNICATIONS 1. MOBILE HOME PARK RENT CONTROLS, RANCHO ALIPAZ (GREGORY VS. CITY, SUPERIOR COURT CASE 356300) (23) The City Attorney advised that the Fourth District Court of Appeals had stayed the December 17 Judgment which found City Ordinance 439 unconstitutional and that the Ordinance may be enforced. Mr. Okazaki recommended that the petition regarding space rental increases proposed by the owner of the Rancho Alipaz Mobile Home Park be set for hearing at the next regular Council meeting. Hearing: There was a unanimous consensus of Council that consideration of the matter be removed from the table, pursuant to action on December 2, 1981, and set for hearing at the regular Council meeting of January 19, 1982. -2- 1/5/82 2. PETITION RE PROPOSED RENT INCREASES (RANCHO DEL AVION MOBILE ESTATES) (23) Mr. Gerald R. Gibbs, Attorney representing homeowners of Rancho del Avion, addressed the Council and submitted a letter dated November 17, 1981, and petition signed by approximately 122 park residents requesting review of the noticed space rental increases. Referral to Committee: With the concurrence of Council, Mayor Schwartze directed that the petition be referred to the Mobile Home Park Review Committee for hearing and recommendation. 3. MOBILEHOME PARK INSPECTION PROGRAM (25) Art McConnell requested that the Mobilehome Park Inspection Program be referred to the Mobilehome Park Review Committee and to mobilehome owners for review and comment on possible impacts of the program. Council advised that their intent was to refer the program to the Committee. CONSENT CALENDAR It was moved by Councilman Hausdorfer, and 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 Buchheim, Bland, Friess, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated January 5, 1982, Warrants Register No. 82-061, in the total amount of $650,572.36, was approved as submitted. 2. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF DECEMBER 16, 1981 (23) The report dated January 5, 1982, from the Secretary of the Cultural Heritage Commission regarding actions taken at the meeting of December 16, 1981, was ordered received and filed. -3- 1/5/82 R2 3. REPORT OF P 2EATION COMMISSI (62) The report dated January 5, 1982, from the Secretary of the Parks and Recreation Commission regarding actions taken at the meeting of December 21, 1981, was ordered received and filed. 4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ,R 9 AND 23, (23) The report dated January 5, 1982, from the Secretary of the Traffic and Transportation Commission regarding actions taken at the meetings of December 9 and 23, 1981, was ordered received and filed. 5. HEARING DATE - APPEAL OF DECISION. GRADING PLAN. (85) The Public Hearing on the Appeal of the Planning Commission denial of the Grading Plan for Lot 6, Tract 6305, filed by the applicant, Wayne Penny, Jr., was scheduled for the regular meeting of January 19, 1982, at 7:00 P.M. in the City Council Chamber, as set forth in the report dated January 5, 1982, from the City Clerk. 6. AGREEMENTS FOR MAINTENANCE AND IMPROVEMENTS A.C. 80-6, DEL OBISPO STREET (BANK OF AMERICA) (38) The Agreements between the City and Bank of America for the construction of public improvements and the maintenance of landscaping improvements associated with the Bank of America to be located within the Junipero Serra Plaza were approved; the Mayor and City Clerk were authorized to execute the Agreements, and the City Clerk was directed to forward the documents to the Orange County Recorder. 7. PARCEL MAP 79-856, RANCHO VIEJO ROAD QUITCLAIM OF ACCESS EASEMENT (BRABANT PROPERTIES) (85) The Quitclaim of the access easement over Parcel Map 79-856 was accepted from Brabant Properties. The Mayor and City Clerk were authorized to execute the Quitclaim Deed, and the City Clerk was authorized to record the document. -4- 1/5/82 8. MULTIMODAL TERMINAL, VERDUGO STREET - STATUS REPORT (88) The report dated January 5, 1982, from the Director of Public Works regarding an underground utility project and the construction of parking facilities for the multimodal terminal was ordered received and filed. 9. 1982 WEED ABATEMENT PROGRAM - SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS (38) The Specifications for abatement of noxious and hazardous weeds, vegetation, and refuse within the City boundaries was approved, and the City Clerk was authorized to advertise and receive bids to perform the work. AGREEMENT FOR PROMOTIONAL FILM - LA HISTORIA DE CAPISTRANO (BRIAN JEFFREY VASQUEZ) (38) This item was removed from the Consent Calendar. Council concurred with the request of Councilman Hausdorfer that the Agreement be amended to provide that the City receive two prints of the film, one for use by local groups and one for retention at City Hall. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to approve the Agreement between the City and Brian Jeffrey Vasquez, as amended. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City as set forth in the report dated January 5, 1982, from the Assistant to the City Manager. RESOLUTION - NOTICE (74') This item was removed from the Consent Calendar. The Director of Public Works advised that the rust finish was intended, pursuant to Caltrans specifications. There was a concurrence of Council to refer the matter to the Parks and Recreation Commission for recommendations on names for the bridge and for preparation of a dedication ceremony. -5- 1/5/82 E•3W Written Communications: (1) Report catea January 5, 1982, from the Director of Public Works advising that the recreational bridge crossing Trabuco Creek has been completed to the satisfaction of the City. Acceptance of Work: It was moved by Councilman Hausdorfer, and seconded by Councilman Buchheim to adopt the following Resolution: RESOLUTION NO. 82-1-5-2, COMPLETION OF DESCANSO/TRABUCO RECREATIONAL BRIDGE - 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 THE DESCANSO/TRABUCO CREEK RECREATIONAL BRIDGE (SPIESS). The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim and Mayor Schwartze NOES: None ABSENT: None The Resolution accepts the work completed by Spiess Construction, of Santa Maria, California, and directs the City Clerk to forward the Notice of Completion to the County Recorder within ten days. Payment status is as follows: Total Cost: $103,128.32 Less 108 Retention - 10,312.83 Previous Payments -0- Amount Due $ 92,815.49 Staff was authorized to release the 108 retention 35 days after recording the Notice of Completion. CHANGES - This item was removed from the Consent Calendar. (85) Written Communications: (1) Report dated January 5, 1982, from the Director of Public Works advising that Moreland Development had requested that the City revise the names of private streets to lend themselves to the development's name and sales concept. -6- 1/5/82 RX Denial of Request Polic Statement: It was move y ouncilma�less, seconded by Councilman Hausdorfer and unanimously carried to deny the request. Staff was directed to prepare a written policy statement regarding the use of Spanish and/or rural street names reflecting the historical heritage of the City. PUBLIC HEARINGS 1. EST OF (28) Proposal: Section 9-7.08 of City Council, in Numerical Limits may be issued in am the Municipal Code requires that the January of each year, establish for residential building permits which the succeeding three calendar years. Applicant: This is a City -initiated Hearing. Written Communications: (1) Report dated January 5, 1982, from the Director of Community Planning and Development. (2) Memorandum dated January 5, 1982, from the Director of Public Works indicating that actual permits issued in prior years were substantially below growth management allocations. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, declared the Hearing closed. It was moved by Councilman Buchheim, seconded by Councilman Bland to adopt: RESOLUTION NO. 82-1-5-3. ESTABLISHMENT OF 1VULI6nil.RL 111M1Tb - R KzbUbUTlUN ur TME l.1Tr COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING NUMERICAL LIMITS PURSUANT TO SECTION 9-7.08 OF THE MUNICIPAL CODE FOR DWELLING UNIT BUILDING PERMITS TO BE ALLOCATED IN 1982, 1983, 1984 AND 1985 The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None -7- 1/5/82 8 The Resolution establishes a limit of 400 residential building permits which may be issued for the years 1982 through 1985 for developments of 12 or more units. 2. RESIDENTIAL CONCEPT PLANS, TENTATIVE TRACT 11648, AND AMENDMENT TO PLANNED COMMUNITY_(AROSA) Proposal: Approval of the Tentative Tract and review of a residential concept plan including architectural elevations, preliminary grading, and landscape plans for 302 residential units, a public institutional site, a community parksite, and open space parcels in the northerly portion of the Forster Canyon Planned Community. The proposal includes a request for transfer of 27 units from those allocated for the Window Hill area, for a total project allocation of 275 units. Applicant: Arosa Development and Management, Inc., 2915 C. Red Hill Avenue, Costa Mesa 92627. Written Communications: (1) Report dated January 5, 1982, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on December 8, 1981. Exhibits were on display, and Mr. Merrell made an oral presentation. Council members cited concerns with traffic signalization, noise, construction traffic access, roadway grade, recreational vehicle storage areas, and lighting impacts. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing, and the following persons responded: 1. Ralph Spargo, representing Arosa Development, stated his concurrence with the staff report and requested an addition to Condition 33 to provide for review of the Improvement Agreements by the City Attorney and Director of Public Works. 2. Katherine MCDonnelley, resident of Capistrano Terrace Mobile Home Park, requested information on the treatment of the slope above the Park and development plans for the area. Mr. Spargo advised the area would remain natural open space and that drainage facilities should reduce water runoff. -8- 1/5/82 There being no further response, the Hearing was closed. Approval of Tentative Tract and Concept Plans, As Amended: It was moved by Councilman Hausdorfer, seconded by Councilman Bland to adopt the following Resolution with the following amendments to the Conditions of Approval: Condition 33: Add the following: The agreements shall be reviewed as to form by the City Attorney and Director of Public Works. Said agreements to be executed with the final map. Condition 34 (new): A lighting program shall be developed for the project and reviewed by the City Council prior to the issuance of building permits. RESOLUTION NO. 82-1-5-4, TENTATIVE TRACT 11648 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11648 AND RESIDENTIAL CONCEPT PLANS The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None oval of Amendment to Fors tyimuunlLy tintruuucLlon or Uralnance No. 44o/: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be introduced: 46, AMENDMENT TO FORSTER CANYON k-UrW1UN1'1'r - AN UMUlNANUL U12' THE Ca'1'r UP' bAN CAPISTRANO, CALIFORNIA, AMENDING THE FORSTER CANYON PC ADOPTED BY ORDINANCE NO. 418 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim and Mayor Schwartze NOES: None ABSENT: None -9- 1/5/82 ORDINANCES 1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - (21) Written Communications: — (1) Report dated January 5, 1982, from the City Clerk, advising that the Ordinance was regularly introduced at the meeting of December 15, 1981, and was scheduled for adoption. Adoption 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 Friess, and seconded by Councilman Hausdorfer that the following Ordinance be adopted: 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 TO ANNEXATION The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENTS FOR DESIGN, ENGINEERING, AND (74) Written Communications: (1) Reports dated January 5, 1982, from the Director of Public Works forwarding proposed agreements for design, engineering, and legal services in conjunction with Assessment District 90-2. Coleen Campbell, 33552 Valle Road, addressed the Council regarding proposed filling of the canyon area by Arosa Development and requested assurance that the entire terrain would not be changed and elevated. Jerry Klein, 33132 Valle Road, requested that action be deferred on the Assessment District until an agreement outside of the District is reached between himself and Arosa Development for the provision of fill material and completion of soils tests. -10- 1/5/82 30 Referral to Staff: With the concurrence of Council, Mayor Schwartze directed that the matter be referred back to staff. Consideration of Mrs. Campbell's concerns is to be given and an off -agenda report provided to Council. 2. AGREEMENT FOR MAINTENANCE OF CITY PROPERTY - (38) Written Communications: (1) Report dated January 5, 1982, from the Director of Public Works forwarding a proposed agreement to allow an encroachment into the right-of-way of the City Landscape Maintenance District property for construction of a residence on a portion of Lot 7, Tract 9284. The owner shall assume the care and maintenance of the property in question. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Agreement between the City and William and Shirley Krust and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. ASSISTANT CITY MANAGER/ DIRECTOR OF ADMINISTRATIVE SERVICES 1. HOME WARRANTY PROGRAM - REQUEST FOR EXEMPTION (85) Written Communications: (1) Report dated January 5, 1982, from the Director of Administrative Services forwarding a request for exemption from the Home Warranty Program and approval of the ASA Home Buyer Protection Plan submitted by the developers of Casitas del Rio Tract 11086. Approval of Request: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the ASA Home Buyer Protection Plan, as amended by rider, as a qualified exemption, pursuant to Section 8-6.06 of the Municipal Code. -11- 1/5/82 On DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. APPEAL OF PLANNING COMMISSION DECISION - GRADING PLAN MODIFICATION AND DESIGN MATRIX, TRACT 10103 (THE GOEDEN COMPANY) (85) Written Communications: (1) Report dated January 5, 1982, from the Director of Community Planning and Development regarding grading of Lots 113, 114, 117, and 118. The Planning Commission had denied request for modifications on November 24, 1981. (2) Chronology of events with regard to tract review. Exhibits were on display, and Mr. Merrell made an oral presentation advising that grading had been accomplished without permit and not in conformance with the approved plans. James Mancini, 24601 Kings Road, representing the appellant, The Goeden Company, 17702 Cowan Street, Irvine 92714, addressed the Council in support of the appeal. Denial of Appeal• It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to deny the requested modifications to the approved grading plan and residential design matrix for Lots 113, 114, 117, and 118 of Tract 10103, to confirm the action of the Planning Commission, and to require the applicant to take the necessary corrective action to conform to the previously approved plans. RECESS'AND RECONVENE Council recessed at 9:28 P.M. and reconvened at 9:40 P.M. 2. HOUSING OPPORTUNITIES PROGRAM (GLENDALE FEDERAL AND AROSA) (85) Written Communications: (1) Reported dated January 5, 1982, from the Director of Community Planning and Development describing the status of proposed provisions for affordable housing units within the Glendale Federal and Arosa developments. Arosa Development has requested consideration of a density bonus to provide 62 affordable units on designated Open Space without subsidy. A Housing Opportunities Program dated December, 1981, was also forwarded. -12- 1/5/82 r9i Density Bonus Concept: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the concept of a density bonus for affordable housing located on designated Open Space be referred to staff and to the Planning Commission for review and comment. Councilman Friess requested consideration of the use of rental units for affordable housing. Implementation Program: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to receive and file the Report, to authorize staff and the housing consultant to prepare an implementation program for funding mechanisms, and to direct staff to proceed with the time schedule resulting in City Council Review at the meeting of February 16, 1982. 3. INITIATION OF GENERAL PLAN AMENDMENT 82-1 Written Communications: (1) Report dated January 5, 1982, from the Director of Community Planning and Development regarding petitions for inclusion in General Plan Amendment 82-1, as follows: Item a: Amran N.V. Corporation, a request for a change in land use designation to SS (Special Study Area) for a hotel complex; Item b: SAS Constructors, Ltd., a request for a change in land use designation to 5.0 (Public Institutional); Item c: City of San Juan Capistrano, School Facilities Master Plan; Item d: City of San Juan Capistrano, Mineral Resource Management Policies. Mr. Merrell requested addition of the following item: Item e: City of San Juan Capistrano, Amendment to the Housing Element. Initiation of Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve inclusion of Items a through e for consideration in General Plan Amendment 82-1, with the notation that such inclusion is for review purposes only and does not indicate any intention to either approve or deny any of the items. -13- 1/5/82 92 4. ASSESSMENT DISTRICT 80-2 - (74) Written Communications: (1) Report dated January 5, 1982, from the Director of Community Planning and Development forwarding the recommendation made by the Planning Commission on November 24, 1981, that sewer laterals be allocated as shown on the attached Exhibit A. (2) Memorandum dated November 20, 1981, from the City Engineer. Council requested that the City Attorney clarify the content of the memorandum. Approval of Allocations: It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to approve the allocation of 43 sewer laterals for Assessment District 80-2, as shown in Exhibit A. DIRECTOR OF PUBLIC WORKS 1. SAN JUAN CREEK STATUS REPORT (80) Written Communications: (1) Report dated January 5, 1982, from the Director of Public Works regarding the flooding potential and hydraulic capacity of San Juan Creek, as previously directed by Council. Approval of Channel Grading: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to direct staff to grade a low flow channel in the creekbed from the Lacouague property downstream to the La Novia Avenue Bridge at an estimated cost of $4,000. 2. MOBILEHOME PARK INSPECTION PROGRAM (25) Written Communications: (1) Report dated January 5, 1982, from the Director of Public Works forwarding a proposed Mobilehome Park Inspection Program, as required by Chapter 2, Title 25 of the California Administrative Code. j Referral to Committee: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to refer the Program to the Mobile Home Park Review Committee for review and report back to Council within 60 days. -14- 1/5/82 93 DIRECTOR OF RECREATION 1. MARCO FORSTER JR. HIGH SCHOOL - IMPROVEMENTS AND LIGHTING (78) Written Communications: (1) Report dated January 5, 1982, from the Director of Recreation advising that the lighting of the athletic facilities at Marco Forster Jr. High School is anticipated for completion on January 21. Councilman Bland noted that consideration of lighting glare and direction was included in the agreement with the School District and requested implementation of those considerations. With the concurrence of council, Mayor Schwartze ordered the Report received and filed. IL REMARKS AND COMMITTEE REPORTS 1. TRAFFIC - RANCHO VIEJO ROAD (87) Councilman Hausdorfer expressed appreciation for the installation of a left -turn lane on Rancho Viejo Road at Village San Juan. 2. POSTAL SERVICE - SEA VIEW ESTATES (89) Council concurred with the request of Councilman Buchheim that a letter be prepared to Congressman Badham regarding the Postal Service prohibition on the use of a San Juan Capistrano mailing address and zip code by residents of SeaView Estates. 3. GENERAL AVIATION AIRPORT (88) Mayor Schwartze cited letters received from Cities of Seal Beach and Los Alamitos regarding conversion of the Los Alamitos Air Base and advised that the issue would be discussed at the upcoming meeting of the Orange County Division of the League of California Cities. CLOSED SESSION Council recessed to Closed Session at 10:30 P.M. for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 11:00 P.M. -15- 1/5/82 94 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:00 P.M., to the next meeting date of Tuesday, January 19, 1982, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, ATTEST: -16- 1/5/82