92-0602_CC_Minutes_Regular Meeting291 "
JUNE 2, 1992
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 Jones at 7:00
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Ronald
Bauer of St. Margaret of Scotland Episcopal Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Richard K.
Denhalter, City Attorney; Cheryl Johnson, City Clerk; George
Scarborough, Assistant City Manager; David Bentz, Director of
Administrative Services; William M. Huber, Director of Engineering
and Building Services; Thomas Tomlinson, Director of Planning
Services; Al King, Jr., Director of Community Services; Ronald C.
Sievers, Director of Public Lands and Facilities; Nancy Bernardi,
Recording Secretary.
MINUTES
Regular Meeting of May 19, 1992:
It was moved by Councilman Harris, seconded by Councilman Friess,
that the Minutes of the Regular Meeting of May 19, 1992, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that all Ordinances be read by
title only.
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PRESENTATIONS AND COMMENDATIONS
SPONSOR RECOGNITION - 1992 HERITAGE FESTIVAL (150.60)
Written Communication:
Report dated June 2, 1992, from the Director of Community
Services, forwarding the list of primary sponsors for the
1992 Heritage Festival for formal recognition by the City
Council.
Mayor Jones presented awards of recognition to the following
sponsors of the 1992 Heritage Festival and expressed appreci-
ation to all of the sponsors who contributed to the event:
Dimension Cable Services
The Los Angeles Times, Orange County
TMC Communities
Medix Ambulance Services
Western Waste Industries
Laura's Tours
Barbara Palan of Convention Enterprises Unlimited, the City's
Sponsor Development Coordinator for the event, expressed
appreciation to City staff and the volunteers for helping to
make the 1992 Heritage Festival a success.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. SAN JUAN MARKET PLACE (150.60)
Mike Darnold, 26022 Avenida Mariposa, expressed appreciation
to City staff, community organizations, and the City Council
for their support of the first San Juan Market Place event on
May 7, 1992. He encouraged public attendance at the next
event on June 4.
CONSTRUCTION ON VALLE ROAD (KLEIN) (450.170)
Written Communication:
Letter dated May 26, 1992, signed by 17 residents of the
McCracken Hill area, expressing concerns regarding the
grading operation by Mr. Klein and requesting that the
Council adopt an Urgency Ordinance to temporarily prohibit
the issuance of grading or building permits until a Precise
Plan for the project is submitted.
The following persons addressed Council:
a. Jaffar Tauassol, 33562 Valle Road, submitted photographs
depicting conditions on his lot and views from his lot.
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He stated that the hill's contours and size now differ
substantially from the original hill and block the views
from his home. He stated that the plan was note being
implemented as shown on the map. He expressed concerns
regarding drainage from the project, stating damage had
been caused at his home. He requested that grading be
stopped and the builder required to correct the
problems.
Mr. Huber advised that the grading plan provided for fill of
the canyon resulting from erosion and stabilization of that
property; that some of the eroded canyon was partly on Mr.
Tauassol's property and the developer received permission to
fill in that part of the canyon, re -contour the area and put
in some drainage facilities. He stated that the current
grading operation was proceeding as approved, noting that the
hill's contours would change more to its original shape and
size once final grading is completed. He stated that
problems had resulted from a low area that did not show up on
a topographic map, and indicated that the developer was
willing to work with Mr. Tauassol. Further the developer was
required to submit revised grading plan to show the revised
drainage structure and will reconstruct drainage to correct
the problem. Although grading in other areas will continue,
grading in this area has ceased until the problems have been
resolved. He noted that the building pads will be construc-
ted at the same elevation as in the approved plans.
b. Colleen Campbell, 33552 Valle Road, commended Mr. Huber
on his involvement with the residents and the developer.
She stated that most of the problems could have been
avoided if the residents had been notified of the
grading operation ahead of time. She expressed concerns
that the building pads and the plateau were not
approved, requested that the Council consider adopting
an Urgency Ordinance to help protect their rural
atmosphere.
C. Will Godfrey, 33512 Valle Road, expressed concerns with
drainage, erosion, safety, potential interference with
area septic systems, and stated that extension on the
hill was more than shown on the plans. He further
stated the desire that homes built on the pads be
compatible with the neighborhood.
d. Tom Brandt, 33522 McCracken Hill Road, stated that the
developer's trucks have caused major damage to Valle
Road and requested that the road be repaired to its
original condition.
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e. The developer, Jerry Klein, 33161 Camino Capistrano,
spoke regarding movement of land in the area and the
difficulty the trucks are having in negotiating turns on
Valle Road. He stated that the import of dirt onto the
project would be completed by the end of the week and
that Valle Road would be repaired the following week.
He stated that the project was approved by the
Environmental Review Board and Planning Commission and
was being built in compliance with approved plans. He
expressed his willingness to work with City staff and
the residents to resolve their concerns.
f. Vivienne daCosta, 33801 Valle Road, expressed concerns
with the speed and behavior of the truck drivers and
objected to the trucks beginning operation at 6:00 a.m.
g. Rick daCosta, 33801 Valle Road, concurred with the
comments made by his neighbors.
h. Richard Hill Adams, 33532 Valle Road, stated that Mr.
Klein should be given the opportunity to solve the
problems. He stated that there was a Precise Plan
requirement for the area and requested that the Council
adopt an Urgency Ordinance to prohibit the issuance of
grading and building permits until a Precise Plan for
the project is approved.
Councilman Hausdorfer stated that the following issues needed
to be addressed: (1) the road itself, the bonds and
replacement during and after construction; (2) the septic
situation in the area; (3) the grading plan and questions as
to drainage, suggesting that outside engineering services be
retained to ensure that it is done properly; and, (4) strict
enforcement of starting times. Councilman Friess stated the
area had a history of erosion problems. He felt that the
major issues were with view impacts and compliance with
approved grading plans. He suggested that Messrs. Tomlinson
and Huber meet with representatives of the homeowners and Mr.
Klein to work out their concerns before the Council considers
adoption of an Urgency Ordinance.
Mayor Jones requested that the safety concerns be addressed
immediately while discussions are ongoing with the homeowners
and the developer. Councilman Harris requested that a
timeframe be established in which to resolve the homeowners'
concerns and that the issue of what to do with any excess
materials be addressed immediately.
It was a consensus of the Council that
address the safety factors immediately
residents and the developer to resolve
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staff be directed to
and to meet with the
their concerns, with
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Council to be advised of a specific timetable for addressing
the issues.
CONSENT CALENDAR
' It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, 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, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. RECEIVE AND FILE WARRANTS OF MAY 28, 1992 (300.30)
The List of Demands dated May 28, 1992, in the total amount
of $3,550,361.89 was received and filed, as amended per a
Memorandum dated June 1, 1992, from the Director of
Administrative Services advising that Warrant No. 37718 to
Graham & James in the amount of $50,837.46 had been voided
and the corrected amount would be reflected in the July
warrants.
2. RECEIVE AND FILE CASH BALANCES BY FUND FOR APRIL 1992
(330.50)
The City Treasurer's Report of Cash Fund Balances for the
month of April 1992 in the total amount of $-601,237.78 was
received and filed.
3. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS
(930.40)
The Report dated June 2, 1992, from the Director of Community
Services, regarding actions taken at the meeting of May 11,
1992, was ordered received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated June 2, 1992, from the Director of Community
Services, regarding actions taken at the meeting of May 18,
1992, was ordered received and filed.
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P
5. ANNUAL REQUALIFICATION FOR PARTICIPATION IN THE ORANGE COUNTY
ARTERIAL HIGHWAY FINANCING PROGRAM ( 820.25)
As set forth in the Report dated June 2, 1992, from the
Director of Engineering and Building, the following Resolu-
tion was adopted requesting the City's annual requalification
for participation in the Orange County Arterial Highway
Financing Program (AHFP):
RESOLUTION NO. 92-6-2-1, REQUESTING ANNUAL
REQUALIFICATION - ARTERIAL HIGHWAY FINANCING
PROGRAM - A RESOLUTION OF THE CIT': COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUEST-
ING ANNUAL REQUALIFICATION FOR PARTICIPATION IN
THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING
PROGRAM
ACCEPTANCE OF LICENSE AGREEMENT - SACARAMA AREA STORM DRAIN
(CHOU) ( ,6H0.30)
As set forth in the Report dated June 2, 1992, from the
Director of Engineering and Building, the License Agreement
between the City and Tom and Lydia Chou was accepted to
permit the City's contractor to perform construction work on
the Chou property outside City easements for the Sacarama
Area Storm Drain Project.
7. RESOLUTION ACCEPTING EASEMENTS - SACARAMA AREA STORM DRAIN
(CHOU/GREGG) (670::50
As set forth in the Report dated June 2, 1992, from the
Director of Engineering and Building, the following Resolu-
tion was adopted accepting storm drain easements on the Chou
and Gregg properties for the Sacarama Area Storm Drain
Project:
RESOLUTION NO 92-6-2-2, ACCEPTING STORM DRAIN
EASEMENTS ACROSS THE CHOU AND GREGG PROPERTIES FOR
THE SACARAMA AREA STORM DRAIN - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING STORM DRAIN
EASEMENTS ACROSS THE CHOU AND GREGG PROPERTIES FOR
THE SACARAMA AREA STORM DRAIN
The City Clerk was directed to record the documents with the
County Recorder.
Mayor Jones advised that the following item be considered out of
order on the agenda for the convenience of interested residents in
attendance.
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ADMINISTRATIVE ITEMS
CITY ATTORNEY
1. PRESENTATION OF MOBILE HOME LEGISLATION (430.70)
Written Communications:
Report dated June 2, 1992, from the City Attorney, reporting
on the meeting held with the Mobile Home Park Review
Committee on May 12, 1992, to discuss recent Supreme Court
action involving mobile home rent control (Yee v. Escondido).
Mr. Denhalter provided a legal analysis of lawsuits that have
been decided or are pending before the Supreme Court regard-
ing rent control. He advised the Council to not take any
action at this time to modify its Rent Control Ordinance
until the Supreme Court has decided the case of Lucas v.
South Carolina Coastal Commission since the outcome of that
case would specifically address the issue of regulatory
takings. Until that issue is addressed, the City would be at
financial and legal risk should the Court decide that rent
control was a form of a regulatory taking.
Councilman Friess stated his understanding that the City's
current Rent Control Ordinance addressed the issue of vacancy
control; however, on advice of the former City Attorney, the
option to exercise vacancy control was not used by the City
because of potential legal challenge. Mr. Denhalter
responded that the former City Attorney stated it did not
impose vacancy control and the City was in a vacancy de-
control position. Mr. Denhalter felt the current ordinance
did not give the City clear control to enforce vacancy
control and he did not encourage amending the ordinance until
the court issues were decided to prevent the City being
forced into a compensation situation with park owners. He
stated the current ordinance would require modification to
give clear authority to the exercise of vacancy control.
Comments from Mobile Home Park Residents:
(1) Al Simmons, 32302 Alipaz Street, Space 135, recited
space rent increases in his park and stated that the
increases have adversely impacted the sales of mobile
homes, making it impossible and unaffordable for some
people to sell their homes. He requested that the
City's Rent Control Ordinance be enforced or modified to
make it enforceable, retroactive to July 1, 1990.
(2) Mary Rose Winkler, 32802 Valle Road, Capistrano Terrace
Mobile Home Park, noted substantial increases in rent
after mobile homes were sold and requested that the
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City's Rent Control Ordinance be amended to enforce
vacancy control.
(3) Jerry Gaffney, 32302 Alipaz Street, Space 282, recited
his personal experience with rent increases for his -
space since 1972. He stated that the park owner has
made no capital improvements or improved services;
repairs have been made only when absolutely necessary.
He stated the increases were not fair and equitable and
urged that the City take the lead in protecting the life
of senior citizens.
(4) Jack Heath, 26000 Avenida Aeropuerto, Space 225, spoke
regarding the difficulty of the high rent increases for
residents living on fixed incomes and the poor resale
value of the mobile homes, citing increasing costs and
shrinking services. He asked for reasonable, equitable
solutions for low-cost housing.
(5) Geoffrey Blake, Capistrano Beach, spoke as the executor
of his mother's estate and advised he has been trying to
sell his mother's mobile home at San Juan Mobile Estates
for the last 1', years. He cited hardships experienced
since he has received no offers to buy it and is
prevented from renting it under the park's policies and
urged consideration of vacancy control.
Council Comments:
Councilman Hausdorfer felt that the City's Rent Control
Ordinance was a good one but felt that amendments should wait
until the Supreme Court has made its decision with regard to
the issue of regulatory taking.
Councilman Friess summarized the history of rent control in
the City. He stated that when the combined costs for the
mobile home and the rental fees approach $1,000 per month,
the spaces becomes unaffordable and the value of mobile homes
drops. He inquired whether a city could require a park owner
to allow a tenant to rent out their mobile home if they can
no longer occupy it. Mr. Denhalter noted that most residents
of mobile home parks enter contracts with the park owner
which prohibit the leasing/renting of the space; an ordinance
requiring the park owner to allow the rental of homes would -
interfere with that contractual relationship.
Councilman Friess stated the desire to not take the
conservative approach and to work with and resolve the issue
of vacancy control. He suggested that while waiting for the
Supreme Court decision staff review other cities' rent
control ordinances to determine how the City's current
ordinance might be revised to more adequately address the
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issues of vacancy control and rental of mobile homes.
Councilman Vasquez expressed empathy regarding the mobile
home owners' economic situations and suggested that the park
residents assist the City Attorney in identifying all the
pertinent issues to resolve this matter aggressively. Mayor
Jones concurred but cited the need to keep fiscal constraints
in mind. Councilman Hausdorfer also concurred but cited
concerns with damaging the ordinance currently in place.
Direction to Staff:
It was moved by Councilman Friess, seconded by Councilman
Harris, and unanimously carried to direct staff to return
within 30 days with a report identifying cities that are
enforcing ordinances containing vacancy control and determine
what those ordinances are doing; to provide an evaluation of
the City's existing ordinance and identify how it can be
changed to enforce vacancy control and at the same time study
ways to create the opportunity that would allow people to
rent their homes and have some short-term protection against
loss when they can no longer occupy their homes.
RECESS AND RECONVENE
Council recessed at 9:00 p.m
PUBLIC HEARINGS
and reconvened at 9:05 p.m.
1. APPEAL OF PLANNING COMMISSION AND DESIGN REVIEW COMMISSION
ACTIONS RE: LIBRARY PARKING LOT (PATRICK CROWLEY) (TO BE
CONTINUED TO JUNE 16. 1992) (410.50)
This Hearing was continued from the meeting of May 19, 1992.
Proposal•
Consideration of an appeal of the Planning Commission and
Design Review Commission decisions which conditionally
approved the parking lot (located at the northeast corner of
El Horno Street and El Camino Real) and its design for the
San Juan Capistrano Mission Church and San Juan Capistrano
Library.
Appellant:
Patrick Crowley
P.O. Box 293
San Juan Capistrano, CA 92675
Written Communication:
Report dated June 2, 1992, from the Director of Planning
Services, recommending that the public hearing be continued
to the meeting of June 16, 1992, to allow additional informa-
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tion to be researched by the Juaneno Indians pertaining to
potential archeological resources on the site.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Jones _
opened the Public Hearing, and there being no response,
it was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the public hearing be
continued to the meeting of June 16, 1992.
ADOPTION OF THE OPEN SPACE MASTER PLAN AND DRAFT
ENVIRONMENTAL IMPACT REPORT (CONTINUED FROM JUNE 2,
1992) (530.40)
This Hearing was continued from the meeting of May 19, 1992.
Proposal•
The second of two public hearings for the adoption of the
draft Open Space Master Plan and the Draft Environmental
Impact Report.
Applicant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated June 2, 1992, from the Director of Community
Services, recommending that Council adopt the Open Space
Master Plan and certify the Draft Environmental Impact Report
and authorize the preparation of an Initial Implementation
Report, in conjunction with the Open Space Committee, which
would identify priority options for expenditure of Measure D
funds allocated for capital facilities.
Mr. King expressed appreciation to all those involved with
the Open Space Master Plan process, including Bill Bathgate,
who assisted with the access to the North San Juan open space
properties and agricultural matters, and Shig Kinoshita,
assisted with continued operation of the farm and the
transition of the farm from private ownership to ownership
by the City.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following person respon-
ded:
(1) Bill Bathgate, 29643 Camino Capistrano, suggested that
short-term crops such as vegetables be planted as an
interim agricultural use for the North San Juan site,
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which would be of minimal expense for the City and
revenue generating. The land could then be turned over
to the City at the time the plans for the North San Juan
site are implemented.
There being no further input, the hearing was declared
closed.
Keith French of the Urban Design Group, the Open Space Master
Plan consultant, expressed appreciation to the community,
staff, and workshop participants for their efforts in helping
to develop the Plan and encouraged the community's continued
participation and interest in its implementation.
Council Comments:
Councilman Harris expressed concern that the Design Review
Commission was not given the opportunity to review the Open
Space Master Plan prior to its adoption by the City Council.
He was advised that the documents were not initially
forwarded to the Commission because their role as a in
architectural review was not warranted in the early stages of
the Open Space Master Plan. However, as the Plan is
implemented, they will be reviewing and providing
recommendations on various aspects of the Plan. Councilman
Vasquez expressed concern regarding the impacts of the Plan
on the residents living near the proposed ball fields at Del
Obispo Street and Del Avion and requested that the item be
continued to allow for a consensus on the Plan from those
residents, noting that he could not support approval of the
Plan at this time without that action.
Adoption of Open Space Master Plan and Certification of Draft
Environmental Impact Report:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
RESOLUTION NO. 92-6-2-3, ADOPTION OF THE OPEN
SPACE MASTER PLAN AND CERTIFYING THE DRAFT
ENVIRONMENTAL IMPACT REPORT - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE OPEN SPACE MASTER PLAN
AND CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT
REPORT
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The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
and Mayor Jones
NOES: Councilman Vasquez
ABSENT: None
Staff be directed to prepare an Initial Implementation
Report, in conjunction with the Open Space Committee, with
recommendations to be presented at the September 7, 1992,
meeting.
REQUEST TO APPROVE REZONE 87-11, TENTATIVE TRACT MAP 14379
AND CERTIFICATION OF DRAFT ENVIRONMENTAL IMPACT REPORT AT
PROPERTY LOCATED AT THE NORTHERN TERMINUS OF ALIPAZ STREET
(WITTENBERG-LIVINGSTON INC.) (PEPPERWOOD ESTATES) (460.20/
420.40/410.20)
Councilman Harris left the Council Chamber due to a conflict
of interest.
Proposal•
Consideration of requests to rezone a 35 -acre parcel from GM
(Growth Management) to ES (Small Estate), subdivide the site
into 24 single-family custom lots, and certify the Environ-
mental Impact Report. The property is located at the
northern terminus of Alipaz Street adjacent to the west bank
of Trabuco Creek.
Applicant/Property Owner:
Wittenberg -Livingston, Inc.
120 Newport Center Drive, Suite 120
Newport Beach, CA 92660
Written Communication:
Report dated June 2, 1992, from the Director of Planning
Services, recommending conditional approval of the rezone and
tentative tract map and certification of the EIR. The Report
included a detailed review of two conditions opposed by the
applicant; those being payment of a fee pursuant to the
CRA/Saddleback College Agreement, and maintenance of
equestrian feeder trails by the homeowners association.
C. J. Amstrup, Assistant Planner, made an oral presentation
and noted that the applicant's original proposal was revised
to address the neighborhood's concerns with the retaining
walls at the entrance to the project. He recommended
adoption of the resolution approving the tentative tract,
including a Mitigation Monitoring Program included with the
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EIR. Staff recommended that the condition requiring the
developer to pay a fee pursuant to the CRA/Saddleback College
Agreement be deleted. Exhibits were on display, including a
computer-generated visual analysis.
In response to Councilman Hausdorfer, Mr. Tomlinson stated
that the general alignment of Alipaz Street is as shown on
the General Plan and the location of the private road entry
is within the right-of-way area. If Alipaz Street were
extended, a condition on the tentative tract map would
require the applicant to remove his private road. Mr.
Tomlinson further stated staff had enough information to
start the process with the County to re-evaluate whether a
secondary arterial extension should be located north to
connect with Junipero Serra.
Councilman Friess expressed concern with not requiring the
applicant to dedicate the Alipaz Street extension across Lot
15 with the map approval. Mr. Huber stated an irrevocable
offer would be recorded with the map; Mr. Julian suggested
Council require dedication. Mr. Tomlinson advised the
condition could be amended and there was general consensus to
do so.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following persons respon-
ded:
(1) The applicant, Eric Wittenberg, recited a history of the
project and requested that the following conditions in
the proposed Resolution for the Tentative Tract Map be
modified:
(a) Condition No. 6 to allow materials other than
river rock for the retaining wall surface treat-
ment, to be approved by the Planning Commission.
Mr. Amstrup stated that staff had no objection to
this request.
(b) Condition No. 14.c be deleted, which required the
homeowners association to be responsible for the
maintenance and liability insurance for the
equestrian trails. Mr. Tomlinson indicated that
these were only feeder trails leading to the
General Plan trail and were designed for the
residents to access the General Plan trail from
their homes only; the Shea Trail cannot be
accessed from the end of Alipaz Street. The
proposed gate would not prevent access to other
trails.
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(c) Condition No. 22 be deleted requiring that a
concept plan be submitted for Planning Commission
approval stating he should not have to go back to
the Planning Commission with what was more of a
specific plan. Mr. Tomlinson explained that the
Planning Commission requested this condition to
ensure that setbacks and the placement of homes
were varied.
2. Tay McClellan, 31612 Paseo Rita, expressed concern
regarding the removal of the toe of the slope because of
the steepness of the hill and inquired about the creek
should Alipaz be extended and the use of the nearby
equestrian trails.
Mr. Sievers explained that the existing trail from Aguacate
Road would connect with the new Shea Trail; the lower trail
does not currently exist and would have no effect on the
ability to access the General Trail system. The creek would
still be accessible since the proposed project lies above the
current creek alignment and floodplain.
Mr. Wittenberg indicated that he would let Ms. McClellan know
when the core drilling began on the Evinger site and would
provide her a copy of the report. He further stated that
there would be improvements to the creek bed, but there would
be no improvements in the floodplain. He advised he had no
problem with dedication of the Alipaz extension easement
across Lot 15.
Mr. Tomlinson noted that the EIR addressed the entire area
and the Mitigation Monitoring Program required additional
studies dealing with soils. Staff was requested to provide
Ms. McClellan with the information. Mr. Tomlinson suggested
that the applicant make dedication for the right-of-way on
Alipaz Street within the project's boundaries, including Lot
15, on the Final Map. The applicant would then enter into a
license agreement with the City with a hold -harmless clause.
There being no further input, the hearing was declared
closed.
introduction of orainance Approving xezone o -ii ai,u
Certifying the EIR:
The City Manager 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 Friess, that the following
ordinance be introduced approving Rezone 87-11 and certifying
the EIR, including the Mitigation Monitoring Program:
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APPROVING REZONE 87-11 (WITTENBERG-LIVINGSTON)
(PEPPERWOOD ESTATES) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE
87-11, REZONING ASSESSOR'S PARCELS NOS. 649-111-08
AND 121-020-04 FROM THE GM (GROWTH MANAGEMENT)
DISTRICT TO THE ES (SMALL ESTATE) DISTRICT
(WITTENBERG-LIVINGSTON) (PEPPERWOOD ESTATES)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: Councilman Harris
Approval of Tentative Tract May 14379:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted approving
Tentative Tract Map 14379, with the following modifications:
(1) Condition No. 1 be amended to require the applicant to
make appropriate irrevocable offers of dedication for
the right-of-way on Alipaz Street within the project's
boundaries, including Lot 15, on the Final Map. Said
dedications shall be subject to the approval of the City
Engineer and the recommendation of the Director of
Planning Services.
(2) Condition No. 6 shall be amended to delete the specific
requirement for river rock as a surface treatment for
the retaining wall.
(3) Condition No. 13 requiring the applicant to pay a fee
pursuant to the CRA/Saddleback College Agreement shall
be deleted.
(4) Condition No. 14.c shall be amended to require the
Homeowners Association to provide for the maintenance of
the equestrian feeder trails. In response to a concern
expressed by Mayor Jones and with the consensus of the
second the motion was amended to include maintenance of
the feeder trails in compliance with the maintenance
regulations outlined in Title 9, Article 4 of the
Municipal Code. In that way, the homeowners association
could then be assessed maintenance fees should the
trails not be adequately maintained.
The request to delete Condition No. 22 was not approved.
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RESOLUTION NO. 92-6-2-4, APPROVAL OF TENTATIVE
TRACT MAP 14379 (WITTENBERG-LIVINGSTON, INC.) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 14379, A 24 -LOT SUBDIVISION OF A 35.5 -
ACRE PARCEL LOCATED AT THE NORTHERN TERMINUS OF
ALIPAZ STREET (WITTENBERG-LIVINGSTON, INC.)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: Councilman Harris
Councilman Harris returned to the Council Chamber.
RECESS AND RECONVENE
Council recessed at 10:05 p.m.
Community Redevelopment Agency,
ADMINISTRATIVE ITEMS
CITY MANAGER
to convene the San Juan Capistrano
and reconvened at 10:06 p.m.
CONTRACT WITH DEPARTMENT OF TRANSPORTATION FOR RAILROAD
PLATFORM LOCATED AT 26701 VERDUGO STREET (STATE OF
CALIFORNIA) (600.50)
Councilman Vasquez and Mayor Jones left the Council Chamber
due to a conflict of interest.
Written Communication:
Report dated June 2, 1992, from the Community Development
Manager, reporting that the preliminary funding authorization
process and separate review process of the City's administra-
tive and management ability to implement the contract was
completed with CALTRANS. Staff recommended that the contract
with CALTRANS be approved for $275,000 in funds for the
construction of the railroad platform.
Approval of Contract:
It was moved by Councilman Harris, seconded by Councilman
Hausdorfer, that the following Resolution be adopted approv-
ing the contract with CALTRANS providing funds in the amount
of $275,000 for the construction of the railroad platform:
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RESOLUTION NO. 92-6-2-5. APPROVING CONTRACT FOR
CONSTRUCTION OF A RAILROAD PLATFORM IN SAN JUAN
CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
' APPROVING THE CONTRACT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
CONSTRUCTION OF A RAILROAD PLATFORM IN SAN JUAN
CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, and Hausdorfer
NOES: None
ABSENT: Councilman Vasquez and Mayor Jones
The Mayor and City Clerk were authorized to execute the
contract on behalf of the City.
Councilman Vasquez and Mayor Jones returned to the Council
Chamber.
CITY CLERK
The following item was considered in conjunction with a related
item on the Community Redevelopment Agency Agenda.
1. LOCAL AGENCY BIENNIAL REPORT - APPROVAL OF AMENDMENTS TO
CONFLICT OF INTEREST CODE AND AMENDMENT TO COUNCIL POLICY ON
CONSULTANT SELECTION GUIDELINES (640.40)
Written Communication:
Report dated June 2, 1992, from the City Clerk, advising that
the Conflict of Interest Code had been reviewed in compliance
with Government Code Section 87306.5 and recommending that
Appendix A be amended to include all City commissions and
committees, all management employees and consultants, as
reuqired by State law. The report noted that the Council has
discretion to require whomever they wish to file statements.
The report further recommended that Appendix B be amended to
include the disclosure of business positions, as required by
State law.
Mr. Julian explained that members of committees such as the
Los Rios Review Committee which requires that members to be
property owners or residents in the Los Rios District, and
the Historic Town Center Committee would not be disqualified
from voting but would be required to make disclosure for
public information purposes only.
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Councilman Friess inquired whether the above -noted committees
could indicate an exemption on the Conflict of Interest
Disclosure form. Mr. Denhalter explained that the Fair
Political Practices Commission (FPPC) exempts committees that
are considered solely advisory and have no power to veto or
make approvals. Therefore, because of this restrictive
definition, he advised that the City ensure that these types
of committees are kept in an advisory capacity only to retain
their exemption status with the FPPC.
Bill Hardy, 26523 Calle Lorenzo, chairman of the Los Rios
Review Committee, stated that the Los Rios Review Committee
would be disqualified from voting because Section 8, Dis-
qualification, includes committees which "influence the
making of any governmental decision ." He requested that
the City Attorney provide clarification in this matter and
either remove the Committee from the City's list or explain
their exemption from disqualification before adopting the
amendments to the City's Conflict of Interest Code.
Mr. Denhalter explained that language in the Code is flexible
enough to accommodate the special situation with the Los Rios
Review Committee and the Historic Town Center Committee. He
noted that the law presently applies to all committees. Mr.
Julian suggested that the committees be exempted through
specific wording in the appendix to the City's Code.
Continuation of Item:
It was, moved by Councilman Hausdorfer, seconded by Councilman
Fries§, and -unanimously carried that the item be continued to
the meeting of June 16, 1992, for additional clarification
and recommendations with regard to exempting committees from
the requirement for disqualification.
2. LOCAL AGENCY BIENNIAL REPORT -
(640.40)
Written Communication:
Report dated June 2, 1992, from the City Clerk, recommending
approval of the amendments to the Community Redevelopment
Agency's Conflict of Interest Code.
Continuation of Item:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the item be continued to
the meeting of June 16, 1992.
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DIRECTOR OF PLANNING SERVICES
REVIEW OF PUBLIC IMPROVEMENT CONDITIONS REGARDING FUTURE CUL-
DE-SAC OF AVENIDA LOS CERRITOS (SOUTH COAST CHRISTIAN
ASSEMBLY) (820.20)
Written Communication:
Report dated June 2, 1992, from the Director of Planning
Services, providing an analysis of two alternatives for the
future cul-de-sac of Avenida Los Cerritos. This analysis was
submitted in response to City Council direction on May 5,
1992, during discussion of a permanent access off Rancho
Viejo Road for the proposed South Coast Christian Assembly
church site.
The Report was received and filed.
2. INTRODUCTION OF ORDINANCE APPROVING REZONE 89-1 AND ADOPTION
OF RESOLUTION TENTATIVELY CANCELING WILLIAMSON ACT CONTRACT
FOR PROPERTY LOCATED ON AVENIDA LOS CERRITOS (SOUTH COAST
CHRISTIAN ASSEMBLY) (460.20/530.45)
Background•
This item was originally considered by the City Council
during two public hearings on April 21 and May 5, 1992.
Approval of the draft Ordinance and Resolution was continued
for submittal of a report on the issue of a cul-de-sac for
Avenida Los Cerritos.
Written Communication:
Report dated June 2, 1992, from the Director of Planning
Services, recommending that the draft Ordinance be introduced
conditionally approving Rezone 89-01 and the proposed
Resolution adopted tentatively canceling the Agriculture
Preserve Contract under the Williamson Act. The draft
Ordinance requires that the construction of a cul-de-sac be
included in any access agreement created between the appli-
cant and the Honeymans.
Introduction of ordinance Approving Rezone 89-01:
The City Manager 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 Harris, that the following ordinance
be introduced conditionally approving Rezone 89-01 (from AG,
General Agricultural, to IP, Public and Institutional),
effective 30 days after conditions have been met:
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APPROVING REZONE 89-1 TO CHANGE ZONING OF
ASSESSOR'S PARCEL NO. 650-151-12, 31501 AVENIDA
LOS CERRITOS FROM AG (GENERAL AGRICULTURE) TO IP
(PUBLIC AND INSTITUTIONAL) (SOUTH COAST CHRISTIAN _
ASSEMBLY COLE) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL
ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY
CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 650-
151-12, 31501 AVENIDA LOS CERRITOS, FROM AS
(GENERAL AGRICULTURAL) TO IP (PUBLIC AND
INSTITUTIONAL) (SOUTH COAST CHRISTIAN
ASSEMBLY/COLE)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris,
Vasquez, and Mayor Jones
NOES: Councilman Hausdorfer
ABSENT: None
Cancellation of Williamson Act Contract:
It was moved by Councilman Friess, seconded by Councilman
Harris, that the following Resolution be adopted tentatively
canceling the Agriculture Preserve Contract under the
Williamson Act, effective upon the effective date of Rezone
89-01:
RESOLUTION NO. 92-6-2-6, APPROVING TENTATIVE
CANCELLATION OF WILLIAMSON ACT CONTRACT ON
ASSESSOR'S PARCEL NO. 650-151-12 (JAROLD COLE) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
TENTATIVE CANCELLATION OF THE WILLIAMSON ACT
CONTRACT FOR ASSESSOR'S PARCEL NO. 650-151-12,
31501 AVENIDA LOS CERRITOS (JAROLD COLE)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris,
Vasquez, and Mayor Jones
NOES: Councilman Hausdorfer
ABSENT: None
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311
COUNCILMANIC ITEMS
1. ANNUAL REVIEW OF COMMISSION AND COMMITTEE APPOINTMENTS
(110.20)
Written Communication:
Report dated June 2, 1992, from the Council Services Manager,
forwarding the list of current appointees, their appointment
dates, and all active applications on file for each commis-
sion and committee.
Approval of Appointments:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that all current members
of the City's commissions and committees be reaffirmed.
2. AMENDMENT NO. 3 TO THE JOINT POWERS AGREEMENT TO ALLOW
PARTICIPATION ON BOARD OF DIRECTORS BY FOURTH DISTRICT
SUPERVISOR (FOOTHILL/ EASTERN TRANSPORTATION CORRIDOR AGENCY)
(600.50)
Written Communication:
Report dated June 2, 1992, from the Assistant City Manager,
recommending that the Third Amendment to the Joint Powers
Agreement for the Foothill/Eastern Transportation Corridor
Agency be approved to allow the Fourth District Supervisor to
participate on the Agency Board of Directors. This item was
tabled from the meeting of April 21, 1992, at the request of
Councilman Friess.
Councilman Friess reported that other member cities have
since voted to allow the Fourth District Supervisor to
participate on the Agency Board of Directors and recommended
approval of the item.
Approval of Amendment No. 3:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that the following
Resolution be adopted:
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RESOLUTION NO 92-6-2-7, APPROVING AMENDMENT NO. 3
TO FIRST AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT - FOURTH SUPERVISORIAL DISTRICT
CORRIDOR BOARD OF DIRECTORS - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE FIRST
AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT TO PROVIDE FOR FOURTH DISTRICT
SUPERVISORIAL REPRESENTATION ON THE
FOOTHILL/ EASTERN TRANSPORTATION CORRIDOR AGENCY
BOARD OF DIRECTORS
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
ORAL REPORTS OF OUTSIDE AGENCIES
None.
COUNCIL COMMENTS
1. SEAHORSE RESTAURANT SITE GRADING (450.60)
Councilman Harris inquired about the grading occurring at the
corner of Del Obispo Street and Camino Capistrano. Mr. Huber
indicated it was preliminary grading as part of the building
permit for the Seahorse Restaurant but also included improve-
ments to the KFC (Kentucky Fried Chicken) parking lot and the
removal of debris from the gas recovery system from the
closure of the Super -7 gas station.
2. HEAVY EOUIPMENT LOCATION (420.10
Councilman Harris expressed concern that there were few
locations in the City where heavy equipment could be stored
for use in case of emergencies. At the suggestion of
Councilman Friess, it was a consensus of the Council that
consideration be given to locating a site for lease to store
this type of equipment in the City.
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313
3. CITIZEN VOLUNTEERS/DONATIONS (330.10)
Councilman Harris suggested that consideration be given to
asking citizens to support various City services through
donations and/or time. In some cities an advisory board was
established to accept these types of donations to help the
City purchase additional resources to improve their service
to the community. Mr. Julian noted that City staff is
currently researching proposals for a park ranger and
volunteer programs; however, he emphasized the importance of
citizens becoming well informed on these matters and report-
ing problems promptly to the Sheriff's Department.
CAPISTRANO VALLEY ARTS COUNCIL (130.30)
Councilman Friess noted the success of a recent two-day event
sponsored by the Capistrano Valley Arts Council, a newly
formed volunteer group in the City. He commended Jose Aponte
for the events he has brought to the City Library.
SCHOOL VOUCHER INITIATIVE (660.40)
Councilman Hausdorfer requested that staff provide a future
agenda item opposing the School Voucher Initiative.
6. GRAFFITI REMOVAL (530.60)
Councilman Hausdorfer noted an article which appeared in a
recent edition of The Los Angeles Times regarding a way to
remove graffiti from walls marketed by WI Corporation.
7. OVERCROWDING (450.50)
Councilman Hausdorfer noted a memorandum from the City
Attorney and an article in The Los Angeles Times regarding
overcrowding situations throughout the County. The
Memorandum recommended that the City take a wait-and-see
attitude to determine how other cities handle their
overcrowding issues. Councilman Hausdorfer emphasized that
this is a health and safety problem that will not go away and
it can quickly deteriorate an entire neighborhood. He sated
that from a public policy standpoint, the Council needed to
be vigilant in working with the City Attorney to deal with
this problem in creative ways, not just by numerical limita-
tions. Mayor Jones noted the escalating problems at the
Capistrano Villas. Councilman Harris suggested that the
City's Ordinances be reviewed to determine what could be done
to prevent the deterioration of neighborhoods and to use
volunteer groups such as San Juan Beautiful to identify areas
in the City which need improvement.
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8. VILLAGE ROAD/RANCHO VIEJO ROAD SIGNAL (590.50)
Mayor Jones inquired about the signal to be installed at
Village Road and Rancho Viejo Road. Mr. Huber indicated that
approval of the design would be presented to the City Council
on June 16. Construction should be completed by the end of
1992.
9. APPROVAL OF COUNCIL/CRA MINUTES (610.10)
At the request of Mayor Jones, it was a consensus of the
Council that approval of City Council and CRA Minutes be
placed on the Consent Calendar.
CLOSED SESSION
None.
There being no further business before the Council, the meeting
was adjourned at 11:05 p.m. to Tuesday, June 9, 1992, at 7:00 p.m.
at the San Juan Springs Dance Hall for a budget worksession.
Respectfully submitted,
CHERYL
ATTEST:
GI L _ JONSS ,` MAYOR
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