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82-0302_CC_Minutes_Regular Meeting133 MARCH 2, 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 7:06 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Scott McKinney, Capistrano Valley Baptist 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 February 16, 1982 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of February 16, 1982, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSTAIN: Councilman Friess ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Bland that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None -1- 3/2/82 1 - PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION OF TREE PLANTING FUNDS (61) Carolyn Nash, representing San Juan Beautiful, Inc., presented a check in the amount of $500.00 to be used for tree planting along Camino Capistrano. Mayor Schwartze expressed appreciation for the donation on behalf of the City Council. 2. RESOLUTION SUPPORTING NATIONAL CHILDREN'S DAY (71) Written Communications: Report dated March 2, 1982, from the City Clerk, forwarding a proposed Resolution supporting the designation of "National Children's Day" on the second Sunday in June of each year. The Resolution requests President Reagan to issue a proclamation and is sponsored by Debi Tiberi, Vice President, South Coast Jaycee Women. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 82-3-2-1 SUPPORTING NATIONAL CHILDREN'S DAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE DESIGNATION OF NATIONAL CHILDREN'S DAY The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None Mayor Schwartze presented a copy of the Resolution to Mrs. Tiberi. 3. CERTIFICATE OF AWARD - CITY OF SAN JUAN CAPISTRANO (MUNICIPAL FINANCE OFFICERS ASSOCIATION) (41) Written Communications: Report dated March 2, 1982, from the City Manager forwarding the Certificate of Award received by the City from the California Society of Municipal Finance Officers Association for outstanding financial reporting for fiscal year 1980-81. Administrative Services personnel were commended for their efforts. -2- 3/2/82 I�335 4. RESOLUTION SUPPORTING SUPER BOWL (71) Written Communications: Report dated March 2, 1982, from the Assistant to the City Manager, forwarding a proposed Resolution for Council consideration. It was moved by Councilman Buchheim, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 82-3-2-2, SUPPORTING ANAHEIM STADIUM AS SITE OF SUPER BOWL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING ANAHEIM STADIUM, ORANGE COUNTY, AS THE SITE FOR THE SUPER BOWL The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze. NOES: None ABSENT: None 5. PROCLAMATION AND RESOLUTION OF SUPPORT FOR CITZENSHIP (SAMUEL C. WILLETT) (77) Mayor Schwartze presented the following items to the Willett family: Proclamation designating Samuel C. Willett as an Honorary Citizen of the City and a copy of Resolution No. 82-2-16-2 supporting House Resolution 4556. The family expressed their appreciation to the City for the support of their efforts to gain citizenship status for Sam. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze. NOES: None ABSENT: None 1. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF FEBRUARY 23, 1982 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of February 23, 1982, was ordered received and filed. -3- 3/2/82 2. REPORT OF EQUESTRIAN COMMISSION MEETING OF FEBRUARY 22, 1982 (23) The report dated March 2, 1982, from the Secretary of the Equestrian Commission regarding actions taken at the meeting of February 22, 1982, was ordered received and filed. 3. FOR THE al-0Z)e DRAINAGE FEES FOR TION (38) Written Communications: Report dated March 2, 1982, from the Director of Public Works forwarding an Agreement between the City and Meredith Canyon Homeowners Association for the deferral of drainage fees for Parcel Map 81-854. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Agreement as submitted and to authorize the Mayor and City Clerk to sign the document on behalf of the City. 4. APPROVAL OF PARCEL MAP 81-854 (CALLE MIRAMAR (85) Parcel Map 81-854 (Meredith Canyon), which has been found to be technically correct and in conformance with Article Two, of the Sub -Division Map Act, was approved as submitted. APPROVAL OF WARRANTS (41) This item was removed from the Consent Calendar, and Council made the following comments: (1) Warrant No. 3658, payable to James Thorpe in the amount of $791.58, was a cumulative figure for consultant agricultural preservation services; (2) Warrant No. 3670, payable to Wood/Sheridan Construction in the amount of $10,215.00, was a one-time repair of major damages to a General Plan equestrian trail. It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried that the Lists of Demands dated March 2, 1982, Warrant Register No. 82-091, in the total amount of $348,877.85 be approved as submitted. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS OF FEBRUARY 10, 1982 AND FEBRUARY 24, 1982 (23) This item was removed from the Consent Calendar, and there was a consensus of Council that Item (a), Rancho Viejo Road Weight Limits, be placed on the Council Agenda of March 16 for consideration of implementing weight limits concurrently with dedication of the roadway. It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried that the Report of Actions taken by the Traffic and Transportation Commission at the meetings of February 10, 1982, and February 24, 1982, be ordered received and filed. -4- 3/2/82 13'7 DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. HOUSING OPPORTUNITIES PROGRAM IMPLEMENTATION (85) This item was taken out of order on the Agenda. Written Communications: (1) Report dated March 2, 1982, from the Director of Community Planning and Development forwarding the Housing Opportunities Program prepared by Ralph Castaneda housing consultant as directed by Council on January 5. Mr. Castaneda made an oral presentation and identified the basic concepts of the program. Continuation to April 6, 1982: Since the report had been received by Council on March 1, it was moved by Councilman Bland, seconded by Councilman Hausdorfer and unanimously carried to continue consideration until the meeting of April 6 to allow an apportunity for review of the documentation. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 82-1(A) - PROPOSED ADDITION OF IMPROVEMENTS (46) Proposal; Review of policy statements for inclusion in the Housing Element of the General Plan with regard to (1) resale controls for affordable housing; (2) modifications to the Growth Management System for affordable housing; and (3) improvements in the Mission District. Applicant: This is a City -initiated Public Hearing. Written Communications: (1) Report dated March 2, 1982, from the Director of Community Planning and Development forwarding the recommendation of approval made by the Planning Commission on January 26, 1982. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and the following persons responded: 1. Jessica Dean, representing the Capistrano Bay Area League of Women Voters, 2812 La Ventana, San Clemente, spoke in support of the proposal and suggested the Goals and Objectives statement on Page 5.12 be made stronger. -5- 3/2/82 2. Judith Jones, 33802 Via de Agua, cited concerns with appearance of affordable housing and its concentration in any one area of the City. 3. Bob Davies, Member of the Planning Commission, cited concerns with continued affordability, value of density bonuses, and effects on capital gains taxes. 4. Fred Jenner, Chairman, South Orange County Board of Realtors, cited opposition to resale price controls and suggested that the program requires additional study. 5. Phillip Bettencourt, representing the Building Industry Association, 22110 East Fourth Street, Santa Ana, cited concerns with continuing affordability, need for a Housing Authority, problems for buyers, and funding. Mr. Bettencourt indicated that the BIA would prepare a written critique of the program. There being no further response, the Hearing was closed with the right to re -open at any time. Motion for Approval of Amendments: It was moved by Councilman Friess, seconded by Councilman Buchheim to approve General Plan Amendment 82-1(A), The Housing Element. The motion failed by the following vote: AYES: Councilmen Friess and Buchheim NOES: Councilmen Hausdorfer, Bland, and Mayor Schwartze Continuance to April 6, 1982: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to continue consideration of the matter to the meeting of April 6, 1982, for further discussion of the report and review of information to be received from the Building Industry Association. RECESS AND RECONVENE Council recessed at 8:58 P.M. and reconvened at 9:12 P.M. PUBLIC HEARINGS CONTINUED 2. AMENDMENTS TO REZONE 81-3 (GLENDALE FEDERAL) AND REZONE 80-3 (FORSTER CANYON/AROSA) PLANNED COMMUNITIES (HOUSING Proposal: Amendments to Ordinances No. 418 and 437, the Forster Canyon and Glendale Federal Planned Communities, respectively, to including provisions for the Housing Opportunities Program. -6- 3/2/82 139 Applicant: This is a City -initiated Public Hearing. written Communications: Report dated March 2, 1982, from the Director of Community Planning and Development, forwarding the recommendation of approval made by the Planning Commission on February 23, 1982. 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, 2915 C Red Hill Avenue, Suite 106, Costa Mesa 92627, requested that the Hearing be continued to April 6, 1982, to provide input on private sector financing of affordable housing. Mr. Spargo requested an opportunity to participate in the preparation of the Affordable Housing Policies and to review the wording with the City Attorney. 2. Richard Rebal, representing Glendale Federal Savings and Loan, 401 North Brand Boulevard, Glendale 91209, indicated he would prefer to proceed with approval of Rezone 81-3. There being no further response, the Hearing was closed with the right to re -open at any time. Rezone 80-3 (Forster Canyon Planned Community), Continuation: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to continue this portion of the Public Hearing to the meeting of April 6, 1982. Approval of Rezone 81-3 (Glendale Federal): The City Attorney read the title of the ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the following ordinance be introduced: ORDINANCE NO. 451, AMENDING ORDINANCE NO. 437 (GLENDALE FEDERAL PLANNED COMMUNITY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING REZONE 81-3 BY CHANGING ARTICLE 2.9 OF THE COMPREHENSIVE DEVELOPMENT PLAN REGARDING THE HOUSING OPPORTUNITIES PROGRAM The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None -7- 3/2/82 lE t 3. GENERAL PLAN AMENDMENT 82-1 (B), REZONE 81-7, ARCHITECTURAL CONTROL 8-16 (SAS CONSTRUCTORS, LTD. EL DORADO SQUARE (46) Proposal: (68) An amendment to t designation from Institutional for Rancho Viejo Road change to the PD of architectural plans. Applicant: SAS Constructors, 92705 he General Plan to change the land use 2.7 Recreation Commercial to 5.0 Public a 14.2 -acre parcel of land located on south of Mission Hills Drive; a zone (Planned Development) District; approval elevations, site plans, and landscape Ltd., 540 Golden Circle Drive, Santa Ana Written Communications: Report dated March 2, 1982, from the Director of Community Planning and Development. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing, and the following persons responded: 1. Doug Schwartz, representing the applicant, reviewed the development plans and changes and clarified that the proposed Surgi-Center requires a Certificate of Need from the State; if the Certificate cannot be obtained, the applicant would request an opportunity to present plans for an additional office building or recreation facility. 2. Robbie Berns, 26912 Canyon Crest Road, representing the Mission Hills Homeowners Association, commended the developer for cooperation with the homeowners, stated support for Project Plan "C," and requested that the General Plan Amendment be granted only on the condition that Phase I include all of the recreation facilities. 3. Carolyn Nash, representing the Architectural Board of Review, cited the developer's cooperation and requested an opportunity for Board review of the re -located pharmacy structure and the racketball facility due to the numbers of plan changes since prior Board review. There being no further response, the Hearing was closed. Mr. Schwartz advised of the developer's intent to construct the par course during Phases I and II, with completion in Phase III. -8- 3/2/82 4. 141 Certification of Negative Declaration: It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to certify the issuance of a Negative Declaration by the Environmental Board of Review. Approval of General Plan Amendment 82-1(B): It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to indicate that General Plan Amendment 82-1(B) will be approved when presented for consideration with the total General Plan Amendment 82-1. Approval of Rezone 81-7/Introduction of Ordinance No. 452: The City Attorney read the title of the ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Friess that the following Ordinance be introduced, as amended: ORDINANCE NO. 452, REZONE 81-7 SAS CONSTRUCTORS LTD.) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 398 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 650-161-01 FROM PR (PRIVATE RECREATION TO PD (PLANNED DEVELOPMENT, SPECIFIC DEVELOPMENT PLAN 81-2) (SAS CONSTRUCTORS LTD.) Exhibit B, Page 4, Paragraph (a), first sentence, was amended to read: "Phase I - . landscaping of project boundaries, slope areas, and unimproved building pads, with such landscaping to be approved by the Planning Commission." The Ordinance will be scheduled for adoption in conjunction with consideration of final action on General Plan Amendment 82-1. Conditional Approval of Architectural Control 81-16: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to confirm approval of AC 81-16 subject to the conditions of Planning Commission Resolution 82-1-26-1, with an additional condition that any changes in the approved plans shall be subject to the review of the Architectural Board of Review. GENERAL PLAN AMENDMENT 82-1(C) - MASTER PLAN OF SCHOOL FACILITIES (46) There being no concurrence of Public Hearing as requested by one wishing to address the Council, and with Council, Mayor Schwartze directed that the be continued to the meeting of March 16, 1982, staff. -9- 3/2/82 BIDS. CONTRACTS. AGREEMENTS L. LANDSCAPE MAINTENANCE DISTRICTS, TRACTS 7654, 9373, 8485, 7673, 9382, AND 9284, PARKS AND PARKWAYS - APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS (38) Written Communications: _ Report dated March 2, 1982, from the Director of Public Works forwarding specifications for the maintenance of various landscape districts and specific parks and parkways. Notification to Tract Representatives: There was a concurrence of Council that letters be directed to the homeowners representatives advising of the schedule for presentation of bids to the Council. Approval of Specifications and Call for Bids: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the specifications as submitted and to authorize a call for bids for landscape maintenance. ADMINISTRATIVE ITEMS CITY MANAGER 1. FEES FOR INTERIM SCHOOL FACILITIES - SENATE BILL 201 (78) Written Communications: Report dated March 2, 1982, from the City Manager advising that the City's ordinance providing for the payment of fees to finance interim school facilities for the purpose of relieving overcrowding is inoperative at this time, pending an amendment to the General Plan to provide for the locations of public schools. A draft ordinance was submitted amending the procedures for transfer of fees. There was a concurrence of Council that the ordinance be presented for Council action concurrently with the proposed General Plan Amendment providing for the location of school facilities (GPA 82-1 (C)). DIRECTOR OF ADMINISTRATIVE SERVICES 1. REQUEST FOR RATE INCREASE (TM CABLEVISION) (43) Written Communications: Report dated March 2, 1982, from the Assistant City Manager/ Director of Administrative Services. Re -Negotiation of Franchises/Public Hearing: There was a concurrence of Council that Ordinances 149 and 333, which granted non-exclusive franchises to TM Cablevision and Storer Cable Television, are to be re -negotiated; staff -10- 3/2/82 143' was authorized to request proposals from cable communications consultants to assist in the re -negotiation process and prepare draft franchise agreements. A Public Hearing was scheduled for the meeting of April 20, 1982. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. REQUEST FOR ENCROACHMENT, LOT 46, TRACT 6381 (CARTER) (85) Council was advised that the applicant had requested that the above request be withdrawn from consideration. 2. APPROVAL OF ANNEXATION - ORANGE COUNTY MUNICIPAL RE -ORGANIZATION NO. 6 (LACOUAGUE RANCH) (21) Written Communications: Report dated February 16 and re -submitted March 2, 1982, from the Director of Community Planning and Development forwarding a Resolution to complete approval of the annexation of the Lacouague Ranch property to the City. Approval of Annexation: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to adopt the following Resolution: RESOLUTION NO. 82-3-2-3, ORANGE COUNTY MUNICIPAL REORGANIZATION NO. 6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ANNEXATION OF THE LACOUAGUE RANCH TO THE CITY OF SAN JUAN CAPISTRANO AND TO THE ORANGE COUNTY WATERWORKS DISTRICT NO. 4 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: None DIRECTOR OF PUBLIC WORKS 1. PROJECT COMMITTEE NO. 11, REGIONAL SOLIDS HANDLING FACILITIES (SERRA) (79) Written Communications: Status report dated March 2, 1982, from the Director of Public Works advising of the formation of a Public Information Committee to address the concerns of area residents and of possible decreases in State Environmental Protection Agency grant funds. With the concurrence of Council, Mayor Schwartze ordered the report received and filed. -11- 3/2/82 2. REQUEST FOR WAIVER OF DEVELOPMENT FEES (JIM SLEMONS IMPORTS) (93) Written Communications: Report dated March 2, 1982, from the Director of Public Works regarding the request received from Thomas J. O'Keefe for a waiver of certain development fees in conjunction with the r development of Jim Slemons Imports, 32881 Camino Capistrano. Mr. O'Keefe addressed the Council to request a thirty per cent across-the-board fee reduction. Approval of Revised Fees: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the revised fee schedule of $34,452.73 with a reduction in systems development fees in the amount of $3,059.44. DIRECTOR OF RECREATION 1. ALTERNATIVE ROUTES - CITY-WIDE 10-K RUNS (62) Written Communications: Report dated March 2, 1982, from the Director of Recreation, submitting six alternative 10-K run routes, as recommended by Staff, the Parks and Recreation Commission, and The Traffic and Transportation Commission. Approval of Route Alternatives: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the routes as submitted. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF FEBRUARY 23, 1982 (67) The Report of actions taken by the Planning Commission on February 23, 1982, was ordered received and filed. COUNCIL ACTIONS 1. ARCHITECTURAL REVIEW BOARD VACANCY (23) Written Communications: Report dated March 2, 1982, from the Administrative Assistant forwarding applications received for appointment to fill the existing vacancy on the Architectural Board of Review. -12- 3/2/82 Formation of Interview Committee: There was a concurrence of Council Hausdorfer serve as a sub -committee for the position. that Councilmen Bland and to interview applicants Deferral ofAppointment: It was moved by Councilman Bland, seconded by Councilman Hausdorfer and unanimously carried to defer appointment until applicants have been interviewed. Staff was directed to advise resident architects of the opening. 2. LIBRARY STATUS REPORT (52) Written Communications: Report dated March 2, 1982, from the City Manager advising that fifty per cent of the construction documents have been received and are being reviewed by City and County staff. With the concurrence of Council, Mayor Schwartze ordered the report received and filed. Exhibits were on display of the proposed Library plans, and Ray Becerra, Senior Planner, made an oral presentation for Council review. COUNCIL REMARKS AND COMMITTEE REPORTS 1. CITY PROPERTY - PARK LOT (ORTEGA PROPERTIES) (62) Councilman Friess requested that consideration be given to improving the lot purchased by the City and located within the Ortega Properties development. There was a concurrence of Council that the area is to be seeded and mowed at an expenditure not to exceed $1700. 2. MEREDITH CANYON SLOPE DISTRICT (74) Councilman Friess cited a letter received from Don Lyons, President of the Meredith Canyon Community Association, requesting that a meeting of the Slope District Board of Directors be convened. There was a concurrence of Council that a letter be sent to Mr. Lyons. CLOSED SESSION Council recessed to Closed Session legal matters, the City Clerk being at 11:47 P.M. at 11:22 P.M. for discussion of excused therefrom and reconvened -13- 3/2/82 146 COUNCIL ACTIONS 1. LIBRARY FINANCING - RETENTION OF BOND COUNSEL (52) It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried that the firm of Jones, Hall, Hill and White of San Francisco be retained as special bond counsel to assist with financing of the Branch Library. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:48 P.M. to the next meeting date of Wednesday, March 3, 1982, at 7:30 P.M., in the Cafetorium of Marco Forster Junior High School, 25601 Camino del Avion. Respectfully submitted, ATTEST: rrj4e I'l -, 7��J .- MAYO UR -14- 3/2/82