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82-1021_CC_Minutes_Adjourned Regular Meeting40, October 21, 1982 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor pro tem Bland at 7:03 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Michael A. Carlisle, Capistrano Valley Baptist Church. ROLL CALL PRESENT: Anthony L. Bland, Mayor pro tem Kenneth E. Friess, Councilman Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: Lawrence F. Buchheim, Mayor STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale, Assistant City Manager/Director of Administrative Services; William D. Murphy, Director of Public Works; Larry Lawrence, Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording Secretary. M TNIITF. S Adjourned Regular Meeting of September 30, 1982: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the Minutes of the Adjourned Regular Meeting of September 30, 1982, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Schwartze, and Mayor pro tem Bland NOES: None ABSENT: Mayor Buchheim Regular Meeting of October 5, 1982: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the Minutes of the Regular Meeting of October 5, 1982, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Schwartze, and Mayor pro tem Bland NOES: None ABSENT: Mayor Buchheim -1- 10/21/82 426 MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Schwartze, and Mayor pro tem Bland NOES: None ABSENT: Mayor Buchheim WRITTEN COMMUNICATIONS PETITION URGING COMPLETION OF SAN JUAN CREEK (VEREDA) BIKE TRAIL (62) Council received copies of a petition dated September 24, 1982, signed by approximately 106 residents, urging completion of the San Juan Creek Bike Trail. The petition cites the need for relief from the busing fee initiated by the School District and for a safe connecting route between the east and west sectors of the City. The Director of Public Works advised that an ad hoc committee has been working toward completion of the trail; that there is a problem with limited clearance under the freeway. Councilman Hausdorfer suggested a written response be prepared citing problems encountered, financial aspects, and setting forth a tentative timetable for completion. Councilman Friess suggested working with the School District to provide a map specifically identifying the safest and quickest route to Marco Forster Junior High School from the eastern side of the freeway. The City Manager noted the matter would be part of the "Safe Route to School" program. There was a consensus of Council that a written response be made to Margaret Finger, who submitted the petition, and that the School District be contacted regarding preparation of a Safe Route to School map. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze 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, Schwartze, and Mayor pro tem Bland NOES: None ABSENT: Mayor Buchheim -2- 10/21/82 42' j 1. APPROVAL OF WARRANTS (41) The List of Demands dated October 19, 1982, Warrant Register No. 83-042, in the total amount of $439,694.77, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of September 30, 1982, in the total amount of $7,724,920.74, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report advising that there was no 1911 Act Bonds delinquent as of September 30, 1982, 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 September 30, 1982, was approved as submitted. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF OCTOBER 11, 1982 (23) The Report dated October 21, 1982, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of October 11, 1982, was ordered received and filed. 6. REDUCTION OF SURETY, PARCEL MAP 80-851, RANCHO VIEJO ROAD (TRAMMEL CROW) (85) As set forth in the report dated October 21, 1982, from the Director of Public Works, the request submitted by the Trammel Crow Company, developers of Parcel Map 80-851/Rancho Viejo Road, for a reduction in the Labor and Materials surety from $1,812,500 to $450,000, was approved subject to approval of the new surety instrument by the City Engineer. 7. APPEAL OF PLANNING COMMISSION DECISION - SITE PLAN DENIAL, ARCHITECTURAL CONTROL 81-8 JIM SLEMONS HONDA) (68) As set forth in the report dated October 21, 1982, from the City Clerk, a public hearing was set for the meeting of November 2, 1982, on the appeal filed by Donald B. Sheik, Vice President of Jim Slemons Honda, in conjunction with the September 28, 1982, Planning Commission denial of a modification to the Site Plan, Architectural Control 81-8. 8. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY - ON-SITE PUBLIC IMPROVEMENTS, ORTEGA HIGHWAY, PARCEL MAP 79-856 (ORTEGA PROPERTIES) (85) The on-site public improvements for the Ortega Village Center, Parcel Map 79-856, have been completed and accepted by the City Inspector, as set forth in the report dated October 21, 1982, from the Director of Public Works. -3- 10/21/82 428 Acceptance of Public Improvements: The following Resolution was adopted: 1MY1(UVL'P11S1N "1'J - U1(1'Ltili V1LLt1UL' l.L'LV'1'L'A kUAXr' 'ft PROPERTIES) - 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 PUBLIC IMPROVEMENTS - ORTEGA VILLAGE CENTER (ORTEGA PROPERTIES) The Resolution accepts the work as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Release of Surety: The following bond from Safeco Insurance Company was extended to October 21, 1983, and authorization was granted to release the bond following successful completion of the one-year maintenance period: Bond Number Amount Faithful Performance 4095122 $85,000 The following bond from Safeco Insurance Company is to be released upon expiration of 35 days from recordation of the Notice of Completion: Labor and Materials 4095122 $85,000 PUBLIC HEARINGS 1. APPEAL OF ZONING ADMINISTRATOR'S DECISION, ZONE VARIANCE 82-21 (ZANCHI) (95) Proposal: An appeal of the August 25, 1982, Zoning Administrator denial of a zone variance request to reduce the required number of commercial parking spaces from 147 to 142 in order to convert a storage building located in the alleyway behind the Alipaz Shopping Center into a main service area. A zone variance had been granted in 1980 to convert a trash enclosure into the subject building, with the condition that the building be used for storage only. Application for the variance was made when the property owner was notified that the current use of the building as an office and workroom area was in violation of the Land Use Code. Appellant/Property Owner: Jack and Yolanda Zanchi, 13941 Sanderstead Road, Santa Ana 92705. -4- 10/21/82 429, Written Communications: Report dated October 21, 1982, from the Director of Community Planning and Development, forwarding background information and a recommendation to uphold the Zoning Administrator's decision. Public Hearing: Notice having been given as required by law, Mayor pro tem Bland opened the Public Hearing and the following person responded: (1) Yolanda Zanchi, appellant, addressed Council in support of the appeal, citing misunderstanding leading to her belief that the building could sustain a more intensive use. She advised that the parking lot could be restriped to meet Code requirements. In response to Council, she advised that consideration would be given to leasing the building to the dry cleaning establishment, who had been using the area for additional work space. There being no further response, Mayor pro tem Bland closed the Hearing with the right to reopen at any time. Council/Staff Discussion: Discussion ensued regarding pedestrian safety, traffic circulation and parking aspects association with the proposed use, as well as restrictions on future use. Denial Upheld/Use Denied: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer to uphold the Zoning Administrator's decision by adoption of the following Resolution and that the additional use be denied: RESOLUTION NO. 82-10-21-2, ZONE VARIANCE 82-21 (ZANCHI) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE ZONING ADMINISTRATOR'S DECISION TO DENY ZONE VARIANCE 82-21 (ZANCHI) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Schwartze, and Mayor pro tem Bland NOES: None ABSENT: Mayor Buchheim Discussion of Possible Use: The City Manager was directed to meet with Mrs. Zanchi to discuss possible solutions for appropriate use of the building. -5- 10/21/82 430 ORDINANCES AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE, RESIDENTIAL CARE FACILITIES (ADOPTION) (55) Written Communications: Report dated October 21, 1982, from the City Clerk, advising that the Ordinance was regularly introduced at the City Council meeting of October 5, 1982, and was scheduled for adoption. Adoption of Ordinance No. 476: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Friess that the following ordinance be adopted: 76, AMENDMENT TO TITLE 9 OF THE - RESIDENTIAL CARE FACILITIES - AN CALIFORNIA, AMENDING SECTIONS 9-3.401 THROUGH 9-3.407 AND SECTION 9-3.409 OF THE MUNICIPAL CODE REGARDING RESIDENTIAL CARE FACILITIES AND FAMILY CARE HOMES AND AMENDING SECTION 9-3.418 TO REQUIRE A CONDITIONAL USE PERMIT FOR HEALTH RELATED INSTITUTIONAL USES WITHIN THE PUBLIC AND INSTITUTIONAL ZONING DISTRICT The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Schwartze, and Mayor pro tem Bland NOES: None ABSENT: Mayor Buchheim AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE, PROHIBIT (55) Written Communications: Report dated October 21, 1982, from the City Clerk, advising that the Ordinance was regularly introduced at the City Council meeting of October 5, 1982, and was scheduled for adoption. Adoption of Ordinance No. 477: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Friess that the following Ordinance be adopted: -6- 10/21/82 43, ORDINANCE NO. 477, PROHIBITION OF DRINKING - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 3, TITLE 5 OF THE MUNICIPAL CODE PROHIBITING THE DRINKING OF ALCOHOLIC AND FERMENTED MALT BEVERAGES ON CERTAIN PUBLIC AREAS The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Schwartze, and Mayor pro tem Bland NOES: None ABSENT: Mayor Buchheim RESOLUTIONS 1. INVENTORY OF HISTORICAL AND CULTURAL LANDMARKS (OLD FIRE STATION RECREATION COMPLEX) (23) Written Communications: Report dated October 21, 1982, from the Secretary to the Cultural Heritage Commission, forwarding the Commission's September 28 recommendation that the Old San Juan Capistrano Fire Station Complex be included in the City's Inventory of Historical and Cultural Landmarks. The report advises that such listing would require City approval prior to any demolition, removal, relocation or alteration, and that certain exemptions may be made from the Building Code during reconditioning or rehabilitation work. Inclusion in Inventory: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that the following Resolution be adopted: RESOLUTION NO. 82-10-21-3, INVENTORY OF HISTORICAL AND CULTURAL LANDMARKS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN INVENTORY OF HISTORICAL AND CULTURAL LANDMARKS AND RESCINDING RESOLUTION NO. 79-1-17-4 The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Schwartze, and Mayor pro tem Bland NOES: None ABSENT: Mayor Buchheim RECESS AND RECONVENE The Council recessed at 7:47 p.m., to convene the San Juan Capistrano Community Redevelopment Agency Board of Directors, and reconvened at 8:00 p.m. -7- 10/21/82 43Z ADMINISTRATIVE ITEMS CITY CLERK 1. 1982 CITY TRAIL RIDE - FINAL REPORT (23) Written Communications: Report dated October 21, 1982, from the City Clerk/Equestrian Commission Secretary, advising that a total of 322 people took part in the Fifth Annual Trail Ride to Caspers Park held on October 3, and that the event netted $2,692.53. The figures reflected increases of 100 participants and $1,543.15 over the 1981 Trail Ride. Monies generated by the annual event are allocated to the Trail Ride Trust Account for acquisition, development, and maintenance of equestrian/hiking trails. The report expresses appreciation to the volunteers and local merchants whose time and donations contributed to the success of the event. Council expressed appreciation to the merchants and volunteers and commended Mrs. Hanover for her work. The report was ordered received and filed. DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT - SERRA TREATMENT PLANT OPERATION (79) Written Communications: Report dated October 21, 1982, from the Director of Public Works, advising that action had been taken by SERRA to negotiate a contract with the Aliso Water Management Agency for administrative services, and that recruitment of a General Manager and Superintendent/Chief Operator is underway. Takeover of plant operations is to be complete by December 14. The report further advises of actions relative to improved solids handling, storm damage legalities, replacement of equipment at the 9mgd headworks and the close out of Project Committee #14, which will require an expenditure of $2,000 from the City's SERRA General Fund. Approval of Expenditure: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the expenditure of $2,000 to close out Project Committee #14 and to authorize the transfer of funds from the SERRA General Fund to Project Committee #14. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION REPORT OF MEETING OF OCTOBER 12, 1982 67) The report of Actions taken by the Planning Commission at their meeting of October 12, 1982, was ordered received and filed. -8- 10/21/82 COUNCIL ACTIONS 1. APPOINTMENT TO THE CULTURAL HERITAGE COMMISSION (23) There was a concurrence of Council that the item be held over to the meeting of November 2, 1982. 2. APPOINTMENT TO THE EQUESTRIAN COMMISSION (23) There was a concurrence of Council that the item be held over to the meeting of November 2, 1982. COUNCIL REMARKS 1. CAPISTRANO SADDLE CLUB (23) An off -agenda report is to be submitted regarding the status of lighting and conditions at the Capistrano Saddle Club. 2. CONTRACTOR'S SERVICE CLUB REQUEST (61) Councilman Hausdorfer noted receipt of a letter dated October 11, 1982, offering the services of the Associated General contractors of California and suggested that submittal of the San Juan Creek Bike Trail be considered. Additional suggestions included the Old Fire Station Recreation Complex and pedestrian improvements on Del Obispo Street. Staff was directed to compile a list of suggestions for Council review. 3. LEAGUE OF CALIFORNIA CITIES CONFERENCE (61) Councilman Schwartze made an oral report regarding the Conference held October 17-20 in San Diego. 4. TRAFFIC SIGNAL MODIFICATION - ORTEGA HIGHWAY (82) Mayor pro tem Bland commended the Public Works Department for completion of the double left turn lane from westbound Ortega Highway to southbound Del Obispo Street. 5. PARKING OF USED CARS FOR SALE (64) In response to Mayor pro tem Bland, the City Manager advised that employees of Marie Callendars had been advised of restrictions on parking of cars for sale. CLOSED SESSION Council recessed to Closed Session at 8:12 p.m., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 9:00 p.m. -9- 10/21/82 434 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:01 p.m. to the next meeting date of Tuesday, November 2, 1982, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, W "F"'71:,7 iF�� ATTEST: -10- 10/21/82