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80-1119_CC_Minutes_Regular MeetingM NOVEMBER 19, 1980 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 Hausdorfer at 7:00 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Councilman Friess. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman ABSENT: None STAFF PRESENT: James S. Mocalis, 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 Meetingof November 5, 1980 It was moved by Councilman Buchheim, seconded by Councilman Bland that the Minutes of the Regular Meeting of November 5, 1980, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Friess, seconded by Councilman Buchheim that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None PUBLIC HEARINGS 1. AMENDMENT TO RESOLUTION NO. 72-3-27-3, PERSONNEL RULES AND REGULATIONS PROBATIONARY APPOINTMENTS) (66) This Hearing was continued from the meeting of November 19, 1980. Written Communications: Report resubmitted November 19, forwarding a proposed resolution Rules and Regulations. 1980, from David DeBeauvais, to amend the Personnel -1- 11/19/80 Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing; and, there being no response, declared the Hearing closed. Approval of Amendments: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 80-11-19-1, AMENDMENT TO PERSONNEL RULES - PROBATIONARY EMPLOYEES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 72-3-27-3, THE CITY'S PERSONNEL RULES AND REGULATIONS The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None 2. APPEAL OF ZONING ADMINISTRATOR'S DECISION - ZONE VARIANCE 80-21 (MARINELLO) (67) Proposal: (95) Appeal of the Zoning Administrator's denial of a reduction in the minimum rear yard setback from 25 feet to 15 feet for property located at 31962 Via de Linda. Appellant: Salvatore Marinello, 300 Elm Street, Park Ridge, Illinois, 60068. written Communications: (1) Report dated 11/19 from the Director of Community Planning and Development, recommending confirmation of the Zoning Administrator's decision; (2) Letter dated November 12, 1980, from Robert J. Krup, Attorney, 19712 MacArthur Blvd., Suite 120, Irvine, CA, 92715, in support of the appeal; (3) Memorandum dated 11/14 advising of a telephone call from Mrs. Fred Lott, 31965 Avenida Evita, in support of the Zoning Administrator's decision. (4) Letter dated 11/12/80 from Ralph Day, 5537 Oak Park Dr., San Jose, CA 95129, in support of the Zoning Administrator's decision. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded in support of the Appeal: (1) Robert Krup, representing Mr. Marinello, requested continuation of the matter to December 3, in order to file additional written response and since the appellants were unable to attend the meeting. -2- 11/19/80 95 The following persons responded in opposition to granting the appeal: (1) Ralph Day, owner of property to the south, also opposed a continuance. (2) Fred Lott, 31965 Avenida Evita. (3) Linda Snyder, 31972 Via de Linda. There was a concurrence of Council to hear the matter as scheduled. Mayor Hausdorfer cited the findings to be considered. Denial of Appeal: It was moved by Councilman Bland, seconded by Councilman Friess to deny the appeal and to confirm the decision of the Zoning Administrator in denying reduction of the rear yard setback, for the following reasons: (1) The possible detrimental effect on property in the immediate vicinity. (2) Lack of sufficient unusual characteristics applicable to the subject property to allow the variance. (3) Approval of the variance would grant a special privi- lege not enjoyed by other properties in the area. Mr. Krup stated his objections to comments made by Councilman Bland since Mr. Bland is a resident of Via de Linda. The City Attorney advised that no conflict of interests existed in this situation. 3. APPROVAL OF TENTATIVE TRACT 10103 (GOEDEN & COMPANY, INC. (85) Proposal: Approval of a previously -approved tentative tract map which expired on October 17, 1980. The tract map which has been resubmitted for approval is the same as the previously -approved map, a subdivision of 132 lots on approximately 192 acres of land located east of Rancho Viejo Road and south of Trabuco Creek. Applicant: Goeden and Company, 17931 Beach Boulevard, Suite G, Huntington Beach, 92647. Written Communications: Report dated November 19, 1980 from the Director of Community Planning and Development, forwarding the Planning Commission recommendation of approval subject to conditions. ' Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the public hearing and the following persons re- sponded: (1) Cal Fletcher, representing the developer, supported the staff findings. There being no further response, Mayor Hausdorfer declared the Hearing closed. -3- 11/19/80 11 Approval of Tentative Tract Map: It was moved by Councilman.Schwartze, seconded by.Councilman Buchheim to adopt the following Resolution: RESOLUTION NO. 80-11-19-2, REVISED TENTATIVE TRACT 10103 (GOEDEN AND COMPANY) - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING REVISED TENTATIVE TRACT 10103 (GOEDEN AND COMPANY) The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None 4. APPROVAL OF GENERAL PLAN AMENDMENT 80-3 (SCHAUWECKER, ET AL.) (46) Proposal: Approval of a Council -initiated General Plan Amendment for a change in land use designation from 2.7 Recreational Commercial to 5.0 Public and Institutional Uses on 3 parcels totaling 8.6 acres on the north side of San Juan Creek Road between I-5 and the San Juan Hills Golf Course. Applicants: (1) Mr. & Mrs. Thomas G. Schauwecker, 32391 San Juan Creek Road, San Juan Capistrano; (2) Ray Adams, United Duralume Products, 350 South Raymond Avenue, Fullerton 92631; (3) Edward Benz, Benz Development & Construction Services, P.O. Box 201, Dana Point 92629. Written Communications: Report dated November 19, 1980 from the Director of Community Planning and Development, forwarding the Planning Commission recommendation of approval, and a traffic study for the proposed designation. The Director of Community Planning and Development recom- mended the addition of the following wording at the end of the fourth paragraph of the proposed Resolution: "...in that it will provide for the establishment of a specialized community service area catering to the institutional and recreational needs of the community." Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded: (1) Anne Schauwecker, applicant, stated she was present to answer any questions. There being no further response, Mayor Hausdorfer closed the Public Hearing. Approval of Amendment: It was moved by Councilman Schwartze, seconded by Councilman Buchheim to adopt the following Resolution, including the wording suggested above: 80-11-19-3 PLAN AMENDMENT 80-3 (SCHAUWHC:KSM, ET Al'.) - A An'. VLUIIVLV Vc iKln CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY'S GENERAL PLAN FOR 8.6+ ACRES LOCATED ON THE NORTH SIDE OF SAN JUAN CREEK ROAD BETWEEN INTERSTATE 5 AND THE SAN JUAN HILLS GOLF COURSE -4- 11/19/80 9'7 The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None Council commended the applicants for their community re- lations efforts in explaining the project to surrounding residents. 5. ADOPTION OF REVISED DEVELOPMENT GUIDELINES FOR HILLSIDE CUSTOM HOMES (68) Proposal: (69) Adoption of the revised Development Guidelines for Hillside Custom Homes as modified at a worksession held on October 1, 1980. Written Communications: Report dated November 19, 1980 from the Director of Community Planning and Development, setting forth the modifications made on October 1st and forwarding a copy of the Guidelines. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded: (1) Walter Wood, 25801 Paseo de la Paz, supported the Guidelines, but questioned a statement in the Introduction which could lead to future conflict in interpretation. Following discussion, the following wording was added to the penultimate sentence, first paragraph, Introduction: "...within the immediate vicinity of the proposed structures." Adoption of Guidelines: It was moved by Councilman Friess, seconded by Councilman Buchheim to adopt the following Resolution, including the wording set forth above: RESOLUTION NO. 80-11-19-4, REVISED DEVELOPMENT GUIDELINES FOR HILLSIDE CUSTOM HOMES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REVISED DEVELOPMENT GUIDELINES FOR HILLSIDE CUSTOM HOMES The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF DRAFT PROJECT AGREEMENT - MULTI -MODAL tQMAMV nW nnT.TPnDMTr1 (38) Written Communications: Report dated November 19, 1980 from Pamela Hallan, forwarding a draft agreement with the State of California for development of a regional multi -modal transportation terminal on a site adjoining the San Juan Capistrano Amtrak station. The report suggests deletion of the re- quirement to furnish the State with an official transcript -5- 11/19/80 9 8 of all public hearings concerning the project, due to the cost involved. The agreement is for review only; any changes will be submitted to the State. Approval of Draft Project Agreement with Modification: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the draft project agreement with the State of California for the Multi -modal terminal project, with the deletion of the last sentence in Item 2, Page 2, regarding tran- scripts of public hearings; and, to direct staff to submit the requested change to the State. 2. APPROVAL OF MULTI -MODAL LEASE AGREEMENT, AS (38) Written Communications: (88) Report dated November 19, 1980 from Pamela Hallan, forwarding a ground lease agreement for properties included in the multi -modal terminal area. Agreements will be prepared for the three property owners, Sue DiMaio, Rnut Husby, and Andy Bertolino, differing only in the amount of compensation each will receive, pending completion of a formal boundary survey which will determine the square footage of each property to be leased. The report advises that the Senate Bill 620 grant provides $200,000 for acqui- sition; the City intends to divide the $200,000, based on square footage, between the three property owners. Although the lease runs for 50 years, at the request of the State, compensation will be paid in one lump sum. Approval of Agreement, as Amended: It was moved by Councilman Buchheim, seconded by Council- man Schwartze and unanimously carried to approve the agreement to be used for leasing the three properties to be used as a multi -modal terminal and, upon completion of the boundary survey, to authorize the Mayor and City Clerk to execute agreements with the three property owners on behalf of the City. The following wording was added to the first sentence of Paragraph 8 of the Agreement, Holding Over: "...provided, however, that the period of time of the option shall be negotiable, if necessary." 3. AWARD OF CONTRACT FOR DESIGN - MULTI -MODAL (38) Written Communications: (88) Report dated November 19, 1980 from Pamela Hallan, forwarding the results of bids received for the design and preparation of final working drawings for the multi -modal terminal to be located between Camino Capistrano and the railroad tracks north of Verdugo Street. The contract includes landscaping, lighting, paving treatments and over-all design of parking areas and the passenger pavilion. The report advises that of the $356,000 awarded by the State through the Senate Bill 620 grant, $12,000 has been designated for the design and preparation of specifications for the terminal. In response to Councilman Schwartze, Pamela Hallan ad- vised that the firm is affiliated with construction architects, that engineering will be done by in-house staff, and that Council will approve the final plans and specifications. Award of Contract: It was moved by Councilman Buchheim, seconded by Council- man Friess and unanimously carried to award the contract to the low qualified bidder, John Greenwood and Associates, of San Juan Capistrano, in the amount of $4,050; to reject all other bids; and, to authorize the Mayor and City Clerk to execute the contract on behalf of the City. -6- 11/19/80 CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Buchheim that following items on the Consent Calendar be approved. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated November 19, 1980, Warrant Register No. 81-052, in the total amount of $882,125.52, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF OCTOBER 31, 1980 (41) The City Treasurer's Report of Investments as of October 31, 1980, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF OCTOBER 31, 1980 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of October 31, 1980, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF OCTOBER 31, 1980 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the period ending October 31, 1980, was approved as submitted. 5. APPROVAL OF PARCEL MAP 80-855 (AROSA) (85) Parcel Map 80-855 was approved with the determination that the map is consistent with the General Plan of the City and in substantial compliance with the approved tentative map. As set forth in the report dated November 19, 1980 from the Director of Public Works, deferral of development fees was approved until specific development plans are submitted for approval. 6. APPROVAL OF TRACT 11036 (BARTON) (38) As set forth in the report dated November 19, 1980 from (85) the Director of Public Works, Tract 11036 was approved with the determination that said tract is consistent with the General Plan of the City and in substantial compliance with the approved tentative tract map. The Subdivision and Landscape Maintenance Agreements were approved and the Mayor and City Clerk authorized to execute the Agree- ments on behalf of the City. 7. APPROVAL OF CHANGE ORDER NO. 1 - EXTENSION OF TIME /MnMM ANF 7 A nnar AFAAM TT.T MA TTnM) (38) As set forth in the report dated November 19, 1980 from (23) Pamela Hallan, a 60 -day time extension to January 27, 1981, was approved due to required replacement of additional wood members damaged by termites. -7- 11/19/80 APPROVAL OF RIGHT-OF-WAY AGREEMENT, SDG&E PARK SITE (38) It was moved by Councilman Schwartze, seconded by (62) Councilman Buchheim and unanimously carried to approve (85) the right-of-way agreement between the City and SDG&E, including the 5 conditions required by SDG&E, for the development within the electrical transmission right- of-way through Tract 7673; the Mayor and City Clerk were authorized to sign the agreement on behalf of the City; and the City Clerk was authorized to record the Agreement with the Orange County Recorder, as set forth in the report dated November 19, 1980, from Public Works. Councilman Buchheim stated no trees should be planted which reach above 20' at maturity. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF NOVEMBER 19, 1980 (23) The report was presented by the City Clerk as an additional item in order to expedite The Public Relations Program requested by Council on November 5th. It was moved by CouncilmanFriess,-seconded by Councilman Buchheim and unanimously carried to receive and file the report with authorization given to distribute the Notice to Horseback Riders. Mayor Hausdorfer requested that signs also be posted at the golf course viewable from San Juan Creek. ADMINISTRATIVE ITEMS CITY ATTORNEY 1. OF ORDER TO HEARING - REVOCAT 7111-11-N (65) Written Communications: Report dated November 19, 1980 from the City Attorney resubmitting the report of November 5th. Mr. Okazaki advised that the matter had been resolved since Mr. Barrick had relocated the business office to San Clemente and had stated that the performance bond and proof of vehicle insurance coverage would be filed, as required. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. APPEAL OF PLANNING COMMISSION DECISION - BARRACK GRADING PLAN, TRACT 9030, LOT 4 (VERDE SAN YUAN ESTATES) (67) Written Communications: (85) (1) Report dated November 19, 1980 from the Director of Community Planning and Development setting forth the Planning Commission actions and staff deter- minations regarding the appeal of the Planning Commission's denial of a grading/site plan for Lot 4 of Tract 9030. The report advises that the proposal is inconsistent with the General Plan policy, the intent and purpose of the RA (Small Farm) District, and specific objectives of the Hillside Management Overlay District. (2) Letter dated October 20, 1980, from Gary Smith, owner/developer, in support of the appeal. am 11/19/80 101 (3) Letter dated November 18, 1980, from Roy L. Byrnes, in opposition to the appeal. Neil McCarthy, representing the developer, advised that Mr. Smith had indicated he would scale down the size of the development as a condition of approval. Conceptual Approval of Appeal: Following discussion, it was moved by Councilman Friess, seconded by Councilman Schwartze and unanimously carried to approve the appeal in concept subject to the presen- tation of an alternate grading plan showing a reduction in pad square footage and overall grading impacts; and, provided that the final structure not impact on area within approximately 100' of the ridge. Mr. McCarthy is to prepare revised plans for Council review. In response to Councilman Schwartze, Council verified that the action was confined to grading restrictions and not house size. DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT - TREATMENT PLANT EXPANSION (SERRA) (79) Written Communications: Report dated November 19, 1980, from the Director of Public Works advising that projections have been made that the current SERRA Treatment Plan Facilities will reach capa- city by mid -1983; that potential plant sites have been appraised and the completed report is to be presented at the next SERRA Board Meeting. The November 19th report was ordered received and filed. Council discussed re- using water for irrigation purposes and the possibility of laying dual lines for greenbelt watering. Councilman Buchheim suggested he and the Director of Public Works compile an additional report on SERRA. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS OF NOVEMBER 12, 1980 (67) The Report of Actions taken by the Planning Commission at their meeting of November 12, 1980, was ordered received and filed. EMERGENCY PURCHASE - AIR CONDITIONING/HEATING UNIT (75) Written Communications: (34) Report dated November 19, 1980, from the Assistant City Manager/Director Administrative Services, advising that the present air conditioning and heating unit that services the Public Works Department has broken down and cannot be economically repaired. Approval of Purchase: It was moved by Councilman Buchheim, seconded by Council- man Friess and unanimously carried to authorize the emergency purchase and installation of a 5 -ton Tappan Air Conditioning and Heating Unit from Ressac Company of San Clemente for $2,906 from the City's General Fund contingency reserve. COUNCIL REMARKS 1. TREE TRIMMING (74) Councilman _Buchheim stated severe pruning of Sycamore trees in Alipaz Plaza had been done without treatment to cut ends. -9- 11/19/80 102 2. DEL OBISPO STREET CURVE (83) Councilman Bland noted that street repairs had been accomplished on Del Obispo Street in the vicinity of Aguacate Road, that street lights were not functioning, and that the bicycle lane presents driving difficulties. 3. PARKING VIOLATIONS (64) Councilman Friess requested information on legal recourse in connection with a truck illegally parking within San Juan Creek Road right-of-way. 4. ADVERTISING SIGNS AND BANNERS (25) Councilman Friess requested an information report on the status of illegal advertising signs and banners. 5. COUNTRY HILLS ESTATES - CONDITIONS OF APPROVAL (39) Councilman Friess requested information with regard to a (85) residence which has been painted blue. 6. COOK PARK (62) Councilman Friess noted that review of Cook Park is ten- tatively scheduled for early January and suggested a goal of installing playground equipment by mid -summer. Mayor Hausdorfer noted that the matter will be considered by the Aa HOC Recreation Committee. 7. DEL OBISPO STREET SYCAMORE TREE (74) Councilman Friess cited a report dated November 6, 1980, from the Director of Public Works regarding the condition of the Sycamore tree on Del Obispo Street. The report forwards recommendations from three tree experts that the tree either be removed or subject to extreme pruning and removal of dead limbs. Following discussion, there was a consensus of Council to authorize radical pruning of the Sycamore. Prior to such action, the Tree Inspector is to notify San Juan Beautiful, Inc., of the City's intent. 8. THE HOUSING COALITION OF ORANGE COUNTY (61) Councilman Friess noted a letter dated November 4, 1980, from the Housing Coalition of Orange County, Box 12342, Santa Ana, finding that the City's requested allocation of funds for low to moderate cost housing projects is excellent, and requests that the letter be publicized. 9. AIR QUALITY MONITORING STATION (59) Councilman Schwartze cited a letter from the Air Quality. Management District, dated October 24, 1980, regarding lack of funding to reinstate the monitoring station in the City. Council concurred that the City Manager respond to the letter and offer City assistance in monitoring. 10. CABLE TV COMMITTEE (23) Councilman Schwartze requested approval of a scope of work (43) for the Cable TV Committee, and Council concurred. in their approval. Mr. Schwartze also noted an upcoming conference dealing with cable television systems and suggested the Committee members attend. -10- 11/19/80 103 11. LEAGUE OF CALIFORNIA CITIES - TRANSPORTATION WORKSHOPS (61) Councilman Schwartze noted meetings scheduled November 25 and November 26 as workshops on Orange County transporta- tion and suggested that Council either attend or request a presentation in the City. 12. SISTER CITIES COMMITTEE (23) Councilman Schwartze advised that the Committee stationery will be corrected to indicate a P.O. Box rather than the City Hall address. 13. AD HOC RECREATION COMMITTEE Mayor Hausdorfer advised that the committee would make a presentation to the School Board December 15th on night lighting, and basketball and tennis courts. 14. CITY COUNCIL MEETING DAYS Mayor Hausdorfer requested that Council give considera- tion to a change in meeting days from Wednesdays to Tuesdays, as discussed by staff. The matter will be discussed further at a later date. 15. CRIME PREVENTION PROGRAM (70) Mayor Hausdorfer requested publicity for the Sheriff's Department Crime Prevention Program. 16. SIGN REGULATIONS - CHAMBER OF COMMERCE (25) Mayor Hausdorfer noted a letter dated November 14, 1980, from the Chamber of Commerce forwarding recommendations for amendments to the City sign regulations. Council concurred that the letter be referred to the Planning Commission for review. EXECUTIVE SESSION The Council recessed to Executive Session at 9:25 p.m., the City Clerk being excused therefrom, and reconvened at 10:20 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:22 p.m., to the next regular meeting date of Wednesday, December 3, 1980, at 7:00 p.m in the City Council Chamber. Respectfully submitted, MARY ANN OVER, CITY CLERK ATTEST: -11- 11/19/80