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82-0406_CC_Minutes_Regular Meeting169 APRIL 6, 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 Homer Waisner, Jr., Ocean Hills Community Church. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor Lawrence F. Buchheim, Mayor pro tem Anthony L. Bland, Councilman Gary L. Hausdorfer, Councilman ABSENT: Kenneth E. Friess, Councilman 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; Cheryl Johnson, Recording Secretary. MINUTES Regular Meetingof uMarch 16, a1982: It was moved by Concilman Husdorfer, seconded by Councilman Buchheim that the Minutes of the Regular Meeting of March 16, 1982, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Friess MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: NOES: ABSENT Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze None Councilman Friess -1- 4/6/82 1 7A ORAL COMMUNICATIONS 1. RANCHO VIEJO ROAD GRADING - THE RANCH (25) Colonel Ridgely Ryan, 31351 Los Cerritos, addressed the Council on behalf of Robert Honeyman, owner of the property — adjacent to The Ranch Development, and presented Mr. Honeyman's grievance regarding the work stoppage on construction of Rancho Viejo Road. Colonel Ryan cited safety problems and inconveniences for residents of the area, as well as lack of notification to Mr. Honeyman that construction was to be stopped; further, that if satisfaction was not forthcoming, a suit could be brought against the City. Following discussion, staff was directed to review the area and to implement remedial grading for safety purposes if necessary; a letter is to be sent to residents of the area explaining the situation and possible remedies. WRITTEN COMMUNICATIONS 1. ASSEMBLY BILL 699 - CABLE TELEVISION DEREGULATION (43) Council received copies of a report dated April 6, 1982, from the City Manager, forwarding a letter from Mayors Roberts and Siino of the cities of Antioch and Pittsburg, soliciting the City's financial participation in the amount of $500 towards a constitutional challenge to Assembly Bill 699, which permits cable television operators to deregulate under certain conditions. A copy of the Brief was requested from Rutan and Tucker, legal counsel, and the recommendation made that no action be taken pending further information. The City Manager advised that the information had been received and will be reviewed. With the concurrence of Council, Mayor Schwartze directed that the matter be returned for discussion at the Council meeting of April 20. 2. LEFT TURN LANE - SAN JUAN HILLS (87) Mayor Schwartze advised of a request received from the Board of Governors of Tract 5514, San Juan Hills, for a left turn lane at Calle Caballero and San Juan Creek Road. With the concurrence of Council, the matter was referred to the - Traffic and Transportation Commission. 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: -2- 4/6/82 AYES: NOES: ABSENT: -1 71 Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze None Councilman Friess 1. APPROVAL OF WARRANTS (41) The List of Demands dated April 6, 1982, Warrant Register No. 82-101, in the total amount of $572,688.81, was approved as submitted. 2. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF MARCH 30, 1982 (23) The Report dated April 6, 1982, from the Secretary of the Cultural Heritage Commission, regarding actions taken at the meeting of March 30, 1982, was ordered received and filed. 3. REPORT OF EQUESTRIAN COMMISSION MEETING OF MARCH 22, 1982 (23) The Report dated April 6, 1982, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of March 22, 1982, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION MEETING OF MARCH 15, 1982 (62) The Report dated April 6, 1982, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of March 15, 1982, was ordered received and filed. 5. IONS ,ALL FOR BIDS - (79) As set forth in the report dated April 6, 1982, from the Director of Public Works, the plans and specifications for the reconstruction of the City's land outfall sewer from the Treatment Plant to 450 feet northerly, were approved and authorization granted to call for bids. The Engineer's Estimate for the project is $44,000. 6. APPROVAL OF DEVELOPMENT FEE PHASING PROGRAM - TENTATIVE TRACT 11648, FORSTER CANYON (AROSA) (85) As set forth in the report dated April 6, 1982, from the Director of Public Works, the request from Arosa Development and Management, Inc., to pay development fees, specifically sewer, plan check, and inspection fees, in conjunction with the individual tract maps and development plans, was approved. -3- 4/6/82 7 PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 82-1(C) - SCHOOL FACILITIES MASTER PLAN (46) This Hearing was continued from the Council meeting of March 16, 1982. Written Communications: Report dated April 6, 1982, from the Director of Community Planning and Development, recommending continuance of the Hearing to the Council meeting of April 20, 1982. Public Hearing: Notice having been given as required by law, .Mayor Schwartze opened the Public Hearing and, there being no one wishing to address the Council and with the concurrence of Council, directed that the Hearing be continued to the meeting of April 20, 1982, to complete all text modifications and to coordinate the school facilities review with Senate Bill 201 consideration. 2. GENERAL PLAN AMENDMENT 82-1(A) - PROPOSED ADDITION OF AFFORDABLE HOUSING POLICIES TO THE HOUSING ELEMENT (46) This Hearing was continued from the meeting of March 2, 1982. Written Communications: Report dated April 6, 1982, from the Director of Community Planning and Development, recommending continuance of the Hearing to the Council meeting of May 4, 1982, to allow for a Council worksession on housing issues. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Hearing and, there being no one wishing to address the Council, it was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried that a date for a Council worksession on housing issues be set for the Council meeting of April 20, 1982, and that the Hearing be continued to the Council meeting of May 4, 1982. AMENDMENT TO HOUSING OPPORTUNITIES PROGRAM FORSTER CANYON PLANNED COMMUNITY - REZONE 80-3 (95) Written Communications: Report dated April 6, 1982, from the Director of Community Planning and Development, suggesting a worksession be held to discuss and evaluate housing issues, and recommending continuance of the Hearing to May 4, 1982, at which time the proposed amendment to the Housing Opportunities Program for Forster Canyon Planned Community may be addressed. -4- 4/6/82 173 Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Hearing and, there being no one wishing to address the Council, it was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried that a date for a Council worksession on housing issues be set at the Council meeting of April 20, 1982, and that the Hearing be continued to the Council meeting of May 4, 1982. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. HOUSING OPPORTUNITIES PROGRAM IMPLEMENTATION (85) Written Communications: Report dated April 6, 1982, from the Director of Community Planning and Development, recommending continuance of the item to allow for a Council worksession with Housing Consultant Ralph Castaneda. Continuance to Worksession: It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to continue the matter to the Council meeting of May 4, 1982; a date for a worksession will be set at the Council meeting of April 20, 1982. PUBLIC HEARINGS CONTINUED 4. PROPOSED TEMPORARY STREET CLOSURES FOR 1OKM RUN, MAY 22, 1982 (62) Proposal: Approval of the 6.2 -mile route and temporary street closures for the City's annual l0KM run is to be held on May 22, beginning at 8:00 A.M. Applicant: City of San Juan Capistrano. Written Communications: Report dated April 6, 1982, from the Director of Recreation, forwarding the proposed route and requesting temporary closure of Paseo Adelanto and Camino del Avion. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no one wishing to address the Council, declared the Hearing closed. Approval of Route and Street Closures: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the route as submitted, and the temporary closure of the following streets on May 22, 1982: -5- 4/6/82 r- 1'74 Paseo Adelanto from 7:45 to 8:15 A.M.; Camino del Avion between Alipaz and Via del Amo from 8:05 to 8:50 A.M. ORDINANCES 1. ADOPTION OF ORDINANCE 452 - GAME MACHINE CENTERS (39) Written Communications: Report dated April 6, 1982, from the City Clerk, advising that the Ordinance was regularly introduced at the City Council meeting of March 16, 1982, and was scheduled for adoption. Adoption 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 Hausdorfer that the following Ordinance be adopted: ORDINANCE NO. 452, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - GAME MACHINE CENTERS - AN ORDINAN OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-3.414, 9-3.415, AND 9-3.419 OF THE MUNICIPAL CODE TO MORE PRECISELY REGULATE GAME MACHINE USES The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Friess 2. AMENDMENT TO MUNICIPAL CODE - STANDARDS FOR DEVELOPMENT OF TENNIS COURTS IN RESIDENTIAL DISTRICTS (INTRODUCTION OF ORDINANCE NO. 453) (95) Written Communications: Report dated April 6, 1982, from the Director of Community Planning and Development, forwarding the proposed ordinance and advising that pursuant to Council direction on March 16, the ordinance was modified to require a Conditional Use Permit for night lighting of any tennis court in any district. Introduction of Ordinance No. 453: 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 and seconded by Councilman Buchheim that the following Ordinance be introduced: -6- 4/6/82 175 ORDINANCE NO. 453, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE ADDING DEVELOPMENT STANDARDS FOR TENNIS COURTS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.404, 9-3.401 THROUGH 9-3.409, 9-3.414, 9-3.415, 9-3.418 THROUGH 9-3.420, 9-3.604, AND 9-3.607 OF THE MUNICIPAL CODE, PROVIDING STANDARDS AND REVIEW PROCEDURES FOR DEVELOPMENT OF TENNIS COURTS The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Friess 3. AMENDMENT TO MUNICIPAL CODE - FEES FOR INTERIM SCHOOL FACILITIES- INTRODUCTION OF ORDINANCE NO. 454) (78) written Communications: Report dated April 6, 1982, from the City Manager, forwarding an ordinance for administration of funds collected from developers to finance interim school facilities for relief of overcrowding. The proposed ordinance will require the School District to submit a written request to be approved by Council, which would specify the amount of funds requested, the purpose for which funds would be used, the school site to be benefitted, an implementation schedule, and other information the Council might require. The report further advised that the School District had reviewed the ordinance and that it was returned at this time for action concurrently with the proposed General Plan Amendment 82-1(C), School Facilities, pursuant to Council direction of March 2, 1982. Introduction of Ordinance No. 454: 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 Bland that the following Ordinance be introduced: ORDINANCE NO. 454, FEES FOR INTERIM SCHOOL FACILITIES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-2.509 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE - FEES FOR INTERIM SCHOOL FACILITIES The motion carried by the following vote: -7- 4/6/82 r- 176 AYES: Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Friess RESOLUTIONS 1. OPPOSITION TO ASSEMBLY BILL 2660 - COMPOS (59) Written Communications: Report dated April 6, 1982, from the City Manager, forwarding a request from the South Coast Air Quality District to oppose Assembly Bill 2660, which would increase the District Board to 13 members and alter the method of appointment to the Board. Adoption of Resolution: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution opposing Assembly Bill 2660 be adopted: RESOLUTION NO. 82-4-6-1, OPPOSING ASSEMBLY BILL 2660 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING ASSEMBLY BILL 2660 - APPOINTMENT OF MEMBERS TO THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, AND URGING THE MEMBERS OF THE LEGISLATURE TO REJECT THE PROPOSAL The motion carried by the following vote: AYES: Councilmen Hausdorfer, Bland, Buchheim, and Mayor Schwartze NOES: None ABSENT: Councilman Friess The City Clerk was directed to forward a copy of the Resolution to Assemblywoman Marian Bergeson and to the South Coast Air Quality Management District. BIDS, CONTRACTS, AGREEMENTS 1. AWARD OF CONTRACT - LANDSCAPE MAINTENANCE DISTRICTS -8- 4/6/82 1 "7"7 (38) Written Communications: Report dated April 6, 1982, from the Director of Public Works, forwarding the results of the bids opened March 30 for landscape maintenance of special districts. Award of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to accept the bids as complete and to award the contract for Landscape Maintenance of Tracts 7673, 8485, 9382, 9284, 9373, and 7654, to the lowest bidder, Toyo Landscaping Company of Santa Ana at an annual cost of $46,068. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 2. AWARD OF CONTRACT - MAINTENANCE OF LANDSCAPING (COOK PARK AND ORTEGA PROPERTIES) (38) Written Communications: Report dated April 6, 1982, from the Director of Public Works, forwarding the results of the bids opened on March 30 for the landscape maintenance of various City parks and parkways. Award of Contract: It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to accept the bids as complete and to award the contract for landscape maintenance of the following areas to the low bidder, Toyo Landscaping Company of Santa Ana in the amount of $38,400: Cook Park Playing Field; Cook Park (Ortega Properties); and Ortega Properties Parkways. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 3. CITY PARKS AND PARKWAYS LANDSCAPE MAINTENANCE - TOYO LANDSCAPING COMPANY CONTRACT EXTENSION (38) Written Communications: Additional Agenda Item dated April 6, 1982, from the Director of Public Works, forwarding a request from Toyo Landscaping Company to extend their contract for a 12 -month period for maintenance of six City parks and various parkways. The letter requests an increase of 6% to cover the anticipated increases for labor and materials for the coming year. The proposed increase would result in an additional $165 per month for the parks and $143 per month for the parkways. -9- 4/6/82 Approval of Contract Extension: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the one-year extension of the contract for maintenance of various City parks and parkways, effective April 1, 1982, and to approve _ the 6% cost increase as requested by Toyo Landscaping Company. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. ADMINISTRATIVE ITEMS CITY MANAGER LIBRARY STATUS REPORT (52) Written Communications: Report dated April 6, 1982, from the City Manager, citing the current status of the proposed San Juan Capistrano Public Library and setting forth a bidding and construction schedule. The City Manager advised that plans had been received and the plan check would begin immediately; that the project is on schedule. With the concurrence of Council, Mayor Schwartze directed that the report be received and filed. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. INITIATION OF GENERAL PLAN AMENDMENT 82-2 (46) Proposal: Item A: A change in the land use designation from 1.4 (Medium Density Residential) to SS (Special Study Area) for the purpose of developing a convention/hotel complex located on approximately 9 acres at the southeast corner of Valle and San Juan Creek Roads. Item B: An amendment to the Circulation Element in the northwest area of the City, generally including the area northerly of Junipero Serra Road, westerly of 15 to the City boundaries. Applicants/Property Owners: Item A Item B Amran N.V. Corporation City of San Juan Capistrano 35201 Camino Capistrano Capistrano Beach, CA 92624 Written Communications: Report dated April 6, 1982, from the Director of Community Planning and Development, forwarding the petitions for initiating a General Plan Amendment. -10- 4/6/82 Inclusion in General Plan Amendment 82-2: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to indicate that Items A and B will be included for consideration in General Plan Amendment 82-2, noting that such inclusion is for review purposes only and in no way indicates an intention to either approve or deny any item of the proposed amendment. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF MARCH 23, 1982 (67) The Report of actions taken by the Planning Commission on March 23, 1982, was ordered received and filed. ARCHITECTURAL BOARD OF REVIEW 1. APPOINTMENT TO FILL VACANCY (23) Councilman Hausdorfer advised that applicants had been interviewed by he and Councilman Bland for the existing vacancy on the Board and Mayor Schwartze opened nominations. Councilman Hausdorfer nominated Mr. Jan Hansen; Councilman Bland seconded the nomination. There being no further nominations, Mayor Schwartze declared the nominations closed. It was moved by Councilman Hausdorfer, seconded by Councilman Bland and unanimously carried to appoint E. Jan Hanson, 28242 Paseo Corrales, San Juan Capistrano, to fill the vacancy on the Architectural Board of Review. CLOSED SESSION The Council recessed to Closed Session at 7:38 P.M., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 8:30 P.M. ADMINISTRATIVE ITEMS CITY ATTORNEY 1. REQUEST FOR CONSIDERATION OF PROPOSED ORDINANCE (MOBILEHOME PARK REVIEW COMMITTEE) (23) The City Attorney advised of his attendance at an April 6 Hearing before Judge Crosby regarding a rent control ordinance adopted by the City of Westminister, wherein Judge Crosby rules that all administrative procedures had not been exhausted. Mayor Schwartze reviewed the sequence of events -11- 4/6/82 regarding the City's mobile home rent control ordinance, noting that should the City adopt a Westminister-style ordinance, the City appeal of the ruling declaring the current ordinance invalid would be withdrawn. Council discussed concerns regarding the litigation, the problems _ faced by mobilehome park residents, and time constraints. Stuart Parker, Attorney for Westminister and residents of San Juan Mobile Estates and Rancho Alipaz, addressed the Council to urge adoption of a Westminister-style ordinance. Following discussion, it was moved by Councilman Bland, seconded by Councilman Hausdorfer and unanimously carried to set a meeting for May 26, 1982, at 7:00 P.M., in the City Council Chamber, to discuss litigation occurring on the mobilehome park ordinance. COUNCIL REMARKS 1. PERIPHERAL CANAL (94) Councilman Buchheim advised that he and the City Manager had attended a League of California Cities meeting regarding the Peripheral Canal. 2. INFORMATIONAL MEETING - SERRA (79) Councilman Buchheim noted that an informational meeting regarding the history, current operations, and future of the Southeast Regional Reclamation Authority will be held on April 8 at 7:00 P.M., at Marco Forster Junior High School. 3. TRAFFIC SIGNALIZATION - 1-5 FREEWAY RAMPS AT ORTEGA HIGHWAY (87) In response to a City letter regarding signal modification at the Ortega Highway/I-5 Freeway ramps, Councilman Bland noted receipt of a letter from the California Department of Transportation regarding widening of the southbound Ortega Highway freeway off -ramp. He advised that the Caltrans letter did not mention the signal modification and requested clarification of the status of the project. DEVELOPMENT FEE STRUCTURE (85) Councilman Hausdorfer noted communications and press articles stating that San Juan Capistrano's development fees are the highest in Orange County. The City Manager advised of information received from the Building Industry Association listing San Juan Capistrano as third. Council directed that a letter be prepared to Mr. Ferguson of CEEED in defense of the City's fees. -12- 4/6/82 181 5. PARKING ON RANCHO VIEJO ROAD (64) Councilman Hausdorfer cited parking problems on Rancho Viejo Road in front of Village San Juan and noted his concerns for safety. Staff was requested to review the situation. 6. CAMINO CAPISTRANO BRIDGE (74) Mayor Schwartze noted that funding has been received from the County to complete design for the Camino Capistrano Bridge project. 7. WRITTEN COMMUNICATIONS (76) Mayor Schwartze noted the following: Receipt of a resolution from the City of Richmond, to be placed on the next agenda, regarding stricter controls over large vehicles and trucks travelling through cities; Receipt of a letter and sample Assembly Bill, regarding off-track betting, which was referred to the City Attorney for report at a later date; Receipt of communications regarding Assembly Bill 699, deregulation of cable television; Receipt of a letter from Los Angeles Councilwoman Joy Picus, regarding America Beautiful's Fight Litter Project. 8. BOARD OF SUPERVISORS HEARING - SOUTH COUNTY AIRPORT (88) Mayor Schwartze advised that he will attend the 9:30 A.M. Board of Supervisors Hearing on April 7. Council approved the letter to be presented to the Board. 9. CHAMBER OF COMMERCE CHALLENGE - SOFTBALL GAME (29) In response to the City Manager, the Council accepted the Chamber of Commerce challenge to a softball game to be held on Friday, June 4. CLOSED SESSION The Council recessed to Closed Session at 9:13 P.M., for discussion of personnel matters, the City Clerk being excused therefrom, and reconvened at 9:38 P.M. -13- 4/6/82 r - ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:38 P.M. to the next meeting of Thursday, April 15, 1982, at 7:00 P.M. in the City Council Chamber. ATTEST: SCHWARTZE, Respectfully submitted, i -14- 4/6/82