90-1120_CC_Minutes_Regular Meeting285
NOVEMBER 20, 1990
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 Reverend Doran
Tregarthen of St. Margaret of Scotland Episcopal Church.
ROLL CALL: PRESENT:
ABSENT:
Gary L. Hausdorfer, Mayor
Lawrence F. Buchheim, Councilman
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw,
City Attorney; Cheryl Johnson, City Clerk; George Scarborough,
Assistant City Manager; David Bentz, Director of Administrative
Services; Ray Wellington, Interim Director of Engineering and
Building Services; Lynn Dosheery, Land Use Manager; Thomas L.
Baker, Director of Community Services; Nancy Bernardi, Recording
Secretary.
MINUTES
Regular Meeting of November 6. 1990:
It was moved by Councilman Buchheim, seconded by Councilman Bland,
that the Minutes of the Regular Meeting of November 6, 1990, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Bland,
and unanimously carried that all Ordinances be read by title only.
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PRESENTATIONS AND COMMENDATIONS
PRESENTATION OF CHECK BY SAN JUAN BEAUTIFUL FOR INSTALLATION
OF MAJOR TREE AT LOS RIOS STREET ENTRY PLAZA (130.20)
Written Communications:
Report dated November 20, 1990, from the City Clerk.
Marjorie Baumgartner, president of San Juan Beautiful,
presented a $2,000 check to the City toward the purchase and
planting of a major tree at the Los Rios Street entry plaza.
Ms. Baumgartner suggested the planting of a California pepper
tree at the plaza and asked that any funds left over from
this project be used to purchase a trash receptacle for the
downtown area.
Mayor Hausdorfer commended the organization for their
continuing efforts in beautifying the City.
2. RESOLUTION COMMENDING THOMAS L BAKER DIRECTOR OF COMMUNITY
SERVICES (730.90)
Written Communications:
Report dated November 20, 1990, from the Assistant City
Manager.
Mayor Hausdorfer presented a Resolution of Appreciation to
Thomas L. Baker, Interim Director of Community Services,
recognizing and commending him for his fifteen years of
public service. Mr. Baker's resignation date was March 31,
1990, and he has continued to provide consulting services to
the City since that time.
PRESENTATION OF EMPLOYEE PERFORMANCE AWARDS FOR FISCAL YEAR
1989-90 (730.90)
written Communications:
Report dated November 20, 1990, from the City Manager,
advising that the following employees had been selected to
receive the 1989-90 Employee Performance Award:
Fico Aguilera, Senior Construction Inspector
George Arreola, Maintenance Worker
Juliet Arvizu, Administrative Secretary I
Jeanne Beck, Administrative Assistant
Cathy DuCoing, Senior Engineering Aide
Diane Harrison, Administrative Secretary II
Julia Kimminau, Community Development Assistant
Greg Marquard, Lead Maintenance Worker
Dawn Schanderl, Records Coordinator
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28C.
Mae Shimizu, Secretary II
Julie Stanley, Cashier/Receptionist
Barbara Sutherland, Senior Accounting Technician
With the exception of Julia Kimminau and Mae Shimizu, the
employees were present to receive a check in the amount of
$1,000 from Mayor Hausdorfer in recognition of their
outstanding performance.
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman Buchheim,
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated November 1, 1990, in the total
amount of $8,691,698.28, was approved as submitted.
2. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated November 20, 1990, from the Director of
Planning, regarding actions taken at the meeting of
November 7, 1990, was ordered received and filed.
3. RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT - EXTERIOR
PAINTING. SAN JUAN CAPISTRANO LIBRARY (RAIDER PAINTING CO.)
(600.30)
As set forth in the Report dated November 20, 1990, from the
Director of Public Lands and Facilities, the following
Resolution was adopted declaring the exterior painting of the
City Library by Raider Painting Company to be complete:
RESOLUTION NO. 90-11-20-1, COMPLETION OF SAN JUAN
CAPISTRANO LIBRARY PAINTING (RAIDER PAINTING
COMPANY) - 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 SAN JUAN CAPISTRANO LIBRARY PAINTING
(RAIDER PAINTING COMPANY)
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5.
The Resolution accepted the work as complete in the amount
of $23,600 and directed the City Clerk to forward a Notice
of Completion to the County Recorder. Staff was authorized
to release the 10% retention in the amount of $2,360 thirty-
five (35) days after recording the Notice of Completion. The
billing of 70% of the contract amount ($16,520) was authoriz-
ed to the County of Orange General Services Agency.
RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT---.-.
(600.30)
As set forth in the Report dated November 20, 1990, from the
Interim Director of Engineering and Building, the following
Resolution was adopted declaring the construction of Cook
Park parking lot and drainage channel improvements by
Griffith Company to be complete:
RESOLUTION NO 90-11-20-2 COMPLETION OF COOK-PAR-
(GRIFFITH
OOKPAR
(GRIFFITH COMPANY) - 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
COOK PARK PARKING LOT AND DRAINAGE CHANNEL
IMPROVEMENTS (GRIFFITH COMPANY)
The Resolution accepted the work as complete in the amount
of $124,849.20 and directed the City Clerk to forward a
Notice of Completion to the County Recorder. Staff was
authorized to release the 10% retention in the amount of
$12,484.92 thirty-five (35) days after recording the Notice
of Completion. Staff was authorized to transfer $14,994.20
from the Park and Recreation Fund Reserve to Account No.
12-6213-4704-107.
As set forth in the Report dated November 20, 1990, from the
Director of Public Lands and Facilities, the specifications
were approved for the maintenance of City building and ^
facilities on a long-term basis. Staff was authorized to
call for bids.
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2
6. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR
BIDS - 1991 WEED AND RUBBISH ABATEMENT PROGRAM (600.30)
As set forth in the Report dated November 20, 1990, from the
Director of Public Lands and Facilities, the specifications
were approved for the 1991 Weed and Rubbish Abatement
Program. Staff was authorized to call for bids.
7. RESOLUTION AMENDING CLASSIFICATION AND COMPENSATION PLAN
(CITY ATTORNEY) (700.20)
As set forth in the Report dated November 20, 1990, from the
City Manager, the following Resolution was adopted amending
the City's Classification and Compensation Plan to provide
for a $250 -per -month salary increase for the position of City
Attorney:
RESOLUTION NO. 90-11-20-3. AMENDING PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN (CITY
ATTORNEY) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 89-10-17-3, THE CITY'S
PERSONNEL CLASSIFICATION AND COMPENSATION PLAN
The following agenda item was taken out of order at this point in
the meeting.
ADMINISTRATIVE ITEMS
CITY MANAGER
SAN JUAN MOBILE ESTATES RENT PETITION HEARING (430.70)
Issue•
A hearing was conducted to decide whether the San Juan Mobile
Estates rent increase consisting of 5.1%, plus an additional
increase of a flat $70 per rental space, for a total of 26%,
is fair and reasonable under the criteria of the City's Rent
Control Ordinance. A petition was submitted by the residents
of the mobile home park in opposition to the increase. In
accordance with City policy, a hearing officer was selected
and a hearing was conducted on September 18, 1990. Both
sides had agreed that the 5.1% increase is allowed under the
CPI formula of the Code and that the $70.00 increase per
rental space exceeds the maximum allowable increase permitted
by the CPI formula. The Hearing Officer recommendations
dated September 25, 1990, concluded that that portion of the
rent increase constituting the flat $70.00 increase over and
above the 5.1% increase should be disallowed. The Mobile
Home Park Review Committee adopted a resolution recommending
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that the City Council uphold the Hearing Officer decision in
its entirety.
written Communication:
Report dated November 20, 1990, from the Assistant to the
City Manager, summarizing the events that took place leading
up to the City Council hearing and forwarding a notebook
containing Hearing Officer's exhibits, owner's exhibits,
residents exhibits and additional submittals relating to the
owner's written argument and response of residents, mobile
home park owners' submission to Council, resolution of the
mobile home park review committee, and residents written
argument submitted to Council.
Jeffrey Parker, Assistant to the City Manager, made the
following oral presentation:
"Mayor, Members of the City Council, before you tonight is
the San Juan Mobile rent petition process and hearing. To
give you a little bit of background, the City received a rent
petition on July 2, 1990, from the San Juan Mobile Estate
residents, and this rent petition was in protest of a
proposed rent increase from the park owner. Once that was
certified, the park owner was sent notice that we had
received the rent petition and was given time to submit his
proposal in regards to the reasoning for the rent increase
and the documentation with that. Once that was received, the
City began its process under the Municipal Code, setting up
a hearing with the Hearing Officer and that was conducted on
September 18th this year. Mr. Drosman was selected as the
Hearing Officer and he conducted that hearing, receiving oral
and written communication from both parties.
"On September 25 Mr. Drosman concluded the hearing process
by submitting a written documentation with regards to the
hearing and his accumulation of the information and
documentation, and that was submitted to the City and to the
Mobile Home Review Committee, under its condition of the
Municipal Code, then took under consideration Mr. Drosman's
report along with other testimony we received from both
parties again in the case. At that point in time and at a
subsequent meeting, the Mobile Home Review Committee adopted
a resolution which is submitted in the packet that you have
received and that brings it forward to the City Council
tonight. I do want to add a couple pieces of information
with that, the City Council and the representatives of both
the park owner and the park representative received a
notebook that is fairly condensed that is basically all of
the evidence that was introduced at the hearing.
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"It should be noted that with regards with the rent increase
that both parties have agreed to the stipulation that the CPI
the last year was 5.1 and that is the CPI that we basically
calculate on a yearly basis and that is what the calculation
was from this year and both parties agreed to that it was the
CPI. with regards to the increase that was requested by the
park owner, it was a $70.00 increase on top of the 5.1. For
the Council's information, that $70.00 basically is a 21%
increase over the existing average rent that is now in the
park and that is $330 is the average for the park. That,
included with the 5.1 then, would be a 26.1% increase of the
existing rent.
"If the process were to move forward, the City Council
basically has the determination to review this information
and make a recommendation and direct the City Attorney to
bring forward a resolution taking your actions into effect."
Hearing:
Mayor Hausdorfer opened the Public Hearing to receive
testimony from the property owner and the resident's repre-
sentative.
Jeff Thomas, attorney for Gibson, Dunn & Crutcher, represent-
ing San Juan Investors, property owner of San Juan Mobile
Estates, explained the owner's reasons for proposing the
increases in rent, e.g. substantial increases in monthly
expenses (approximately $31,741 per month) due to the
purchase of the land at $3.8 million, instead of incurring
increases every ten years with the former ground lease.
Mr. Thomas stated that these increases in costs should be
allowed as pass-through costs but that the issue of return
on investment (ROI) should not dominate the question at hand.
Albert F. Simmons, representing the residents of San Juan
Mobile Estates, noted that the petition was filed on
January 29, 1990, upon hearing of the proposed rent
increases. Mr. Simmons stated that the numbers provided by
Mr. Thomas with regard to ROI and ground leases increases are
hypothetical and questioned the yearly expenses listed for
the park in Exhibit H of the notebook, noting the exclusion
of interest expenses for 1983. Mr. Simmons felt that the
income from the sale of 26 available units would offset the
additional expenses incurred by the property owner. He noted
the difficulty in trying to study the financial facts without
financial statements provided by the owner. Regarding
Section 9 of the Rent Control Ordinance regarding fair and
reasonable ROI, Mr. Simmons felt that the owner has a good
profit figure and rate of return. He noted that the
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a
ordinance does not state that rents can be increased because
of an increase in the owner's expenses.
In rebuttal, Mr. Thomas stated that the 1983 expense report
is out of date and does not include many of the owner's
expenses and that their figures are based on Mr. Drosman's
report. He noted that the owner is not trying to get the
tenants to pay for the additional expenses but that a fair
and reasonable ROI would no longer exist if the increases
were disallowed.
The hearing was declared closed.
The City Attorney, in response to a question, noted that the
Municipal Code does not provide for any automatic "pass-
through" costs, but that the interest expense certainly was
one factor to consider as a part of the City Council's
review.
Council Discussion:
Mayor Hausdorfer felt that it would be wrong to assume that
the arbitrary increase in financial costs are legislative
pass-through costs under the Rent Control Ordinance and that
the increases would unfairly burden the residents and may set
an undesirable precedent for the City.
It was the consensus of Council that insufficient balance
sheet evidence was provided that showed that the owner was
not receiving a fair rate of return at the present time or
that the additional $70 increase per space would be otherwise
fair.
IV 7a_ moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the Hearing Officer's
conclusions, allowing the 5.1% increase and disallowing the
$7o -per -space increase over and above the 5.1% be affirmed.
The City Attorney was directed to prepare the appropriate
resolution reflecting the Council's action, to be presented
for adoption at the meeting of December 4, 1990.
RECESS AND RECONVENE
Council recessed at 8:10 p.m. and reconvened at 8:15 p.m.
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PUBLIC HEARINGS
1. PROPOSED REZONE NO. 89-05, SPECIFIC DEVELOPMENT PLAN
NO. 90-01. GROWTH MANAGEMENT PLAN NO. 89-01. RIDGELINE
EXCEPTION NO. 90-01, AND ENVIRONMENTAL IMPACT REPORT
NO. 90-02 (CONCORDE DEVELOPMENT) (CONTINUED)
(460.20/410.50/440.50/ 420.30)
Proposal:
Continuation of the public hearing of October 16, 1990, in
consideration of the following separate land use applications
and Final Environmental Impact Report for a 99 -acre site
located at the northerly terminus of Camino Las Ramblas:
(1) a request to rezone the project site from the GM (Growth
Management) District) to PD (Planned Development)
District, and adoption of specific development regula-
tions for the proposed project;
(2) adoption of a residential concept plan for 76 single-
family detached parcels for calendar years 1991 and
1992; and
(3) approval of an exception to the Ridgeline Grading
provisions of the Code to allow grading within 200 feet
of a General Plan designated ridgeline.
Proiect Applicant: Property Owner
Concorde Development Mr. Morris Misbin
19752 MacArthur Blvd., Suite 240 33901 Calle Borrego
Irvine, CA 92715 San Juan Cap. 92675
Written Communication:
(1) Report dated November 20, 1990, from the Director of
Planning, noting the revisions made to the plan by the
applicant since the October 16, 1990, public hearing
regarding reduction in density and removal of grading
within the 200 -foot ridgeline buffer zone. Because of
significant landform alteration and visual impacts,
staff is requiring that a Statement of Overriding
Consideration be provided despite the revisions made by
the applicant. The report recommended that the issue
of the extension of Camino Las Ramblas be reviewed by
the Traffic and Transportation Commission and the
Planning Commission.
Exhibits were on display, including a potential secondary and
potential commuter alignments for the extension of Camino Las
Ramblas. Lynn Dosheery made an oral presentation, reviewing
the costs for both alternative extensions. She discussed the
report's suggestion that consideration be given to having the
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road removed from the General Plan and a local, two-lane,
meandering residential road be constructed instead for the
proposed development, allowing for a possible reduction in
environmental impacts for the project.
Public Hearing:
Mayor Hausdorfer reopened the Public Hearing, and the
following persons responded:
(1) Dennis Nelson, Director of Planning for Concorde
Development, submitted a letter dated November 19, 1990,
in response to the staff report, regarding the signifi-
cant public benefit in extending Las Ramblas. Attached
to this letter was a letter dated November 14, 1990, to
Thomas Merrell, Director of Planning. Mr. Nelson voiced
his strong disagreement with staff's contention that the
applicant did not respond to the direction given by the
Council at the October 16, 1990, public hearing, stating
that the applicant's 76 -lot alternative is consistent
with the direction received at that hearing. He
emphasized the economic need to develop the earthwork
on-site to provide fill in the canyon. With regard to
the requirement for a Statement of Overriding Considera-
tions, Mr. Nelson noted other projects (e.g. Marbella,
Connemara) that were not required to provide this
document, despite having "unavoidable adverse impacts,"
because of the mitigation measures they provided. He
requested that Council certify the EIR and approve the
land use applications for the 76 -parcel concept. -
(2) Charles Schwab, 33741 Shannon Lane, Vice President of
the Connemara Property Owners Association, voiced the
residents' unanimous opposition to the proposed plan,
stating that the driving force to approve this plan
should not be the extension of Las Ramblas. He noted
that the association had not been notified of the
continuance of the October 16 public hearing. Ms.
Dosheery explained that although the Municipal Code does
not require noticing of continued public hearings, a
mailing list will be prepared of all property owners in
Connemara to advise them of future meetings regarding
this subject.
There being no further response, the hearing was declared
closed.
Council Discussion:
The Council discussed concerns related to not building roads
properly at present to ensure adequate needs for circulation
in the future and felt that the option to extend Las Ramblas
should be retained. In addition, it was the consensus of
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Council that the proposed project appears to conform to the
requirements of the General Plan and should be given due
consideration. Mayor Hausdorfer voiced opposition to
deleting the extension of the roadway from the General Plan
Map.
Continuation of Hearing:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that:
(1) the public hearing be continued 60 days to the meeting
of January 15, 1991;
(2) the issue of the extension and ultimate configuration
of Camino Las Ramblas be referred to the Traffic and
Transportation Commission and the Planning Commission
for review; and
(3) the 76 -lot project stand on its own merits based on the
ultimate size of the road.
The City Attorney noted that the two newly -elected Councilmen
were in attendance and should review the tapes of the
October 16 public hearing prior to the meeting of January 15,
1991, if they wish to participate.
The property owners associations for Alto Capistrano,
Meredith Canyon, and Connemara will be notified of the next
public hearing.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - YEAR 17 (1991-
92) (480.20)
Proposal:
Consideration of the annual application for Community
Development Block Grant funds through the County of Orange
for the benefit of low- and moderate -income persons.
Written Communication:
Report dated November 20, 1990, from the Community
Development Assistant, forwarding the recommendation from the
Community Development Block Grant Advisory Committee to apply
for funds for mobile home rehabilitation, the Los Rios Park
Master Plan, and a Neighborhood Clean -Up Program in the Los
Rios area.
Cassandra Walker, Community Development Manager, made an oral
presentation.
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Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing.
Approval of Year 17 Application:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the Year 17 Application
for CDBG funding be approved as follows: $100,000 for mobile
home rehabilitation, $40,000 for planning and design of the
Los Rios Park Master Plan, and $45,000 for the Neighborhood
Clean -Up Program for the Los Rios area.
3. AMENDMENTS TO TITLE 8 OF THE MUNICIPAL CODE - AMENDMENT OF
FEES AND ADOPTION OF 1988 EDITIONS OF THE UNIFORM
ADMINISTRATIVE CODE AND UNIFORM BUILDING CODE (450.30)
Proposal:
Consideration of an increase in building permit fees to
reflect the City's actual costs for plan review, permit
issuance, and inspections; and, adoption of the 1988 Editions
of the Uniform Administrative Code and Uniform Building Code.
Written Communication:
Report dated November 20, 1990, from the Interim Director of
Engineering and Building, summarizing the factors considered
in the study of the present fee schedules, how the assessed
fees are calculated, the major changes proposed, and finan-
cial comparisons.
Mr. Wellington made an oral presentation, noting that to date
the Building Industry Association had not expressed
opposition to the proposed fee schedule.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing.
Introduction of Ordinance:
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 Bland, that the following Ordinance
be introduced adopting the Uniform Building Code and the
Uniform Administrative Code and amending certain Administra-
tive/Permit Fees:
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297
AMENDING TO TITLE 8 OF THE MUNICIPAL CODE - BUILD-
ING REGULATIONS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTERS 1
AND 2 OF TITLE 8, "BUILDING REGULATIONS," OF THE
MUNICIPAL CODE RELATING TO THE ADOPTION OF THE
UNIFORM ADMINISTRATIVE CODE, ADOPTION AND/OR
AMENDMENT OF FEES, AND THE ADOPTION OF THE UNIFORM
BUILDING CODE
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
4. WASTE DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM
(SERRA) (1040.30)
Proposal:
Consideration of a ordinance enacting waste discharge
pretreatment regulations for the SERRA region, pursuant to
a federally mandated program. The program will monitor and
regulate industrial users in the City.
Written Communication:
Report dated November 20, 1990, from the Interim Director of
Engineering and Building, forwarding the ordinance.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing.
Introduction of Ordinance:
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 Bland, that the following Ordinance
be introduced establishing the regulations, procedures, and
enforcement of the requirements for liquid waste discharge:
WASTE DISCHARGE PRETREATMENT AND SOURCE CONTROL
PROGRAM - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING REGULATIONS
RELATING TO WASTE DISCHARGE PRETREATMENT AND SOURCE
CONTROL PROGRAM
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The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
RECESS AND RECONVENE
Council recessed at 9:24 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:25 p.m.
ADMINISTRATIVE ITEMS (continued)
CITY MANAGER (continued)
2. EXTENSION OF LEASE - HARRISON FARM HOUSE AND PARRA ADOBE
(CAPISTRANO INDIAN COUNCIL) (600.20)
Written Communication:
Report dated November 20, 1990, from the Senior Management
Assistant, recommending that the lease with the Capistrano
Indian Council for use of the Harrison House and Parra Adobe
be extended for one year. The Indian Council uses the
property for Council affairs and a display of cultural
artifacts. The Indian Council has primary responsibility for
maintenance costs.
Approval of Lease Extension:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the lease agreement with
the Capistrano Indian Council be extended for one year (from
December 1, 1990, through December 1, 1991) for the operation
and maintenance of the Harrison Farm House and Parra Adobe.
The Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
3. RECEIPT OF PETITION - REQUEST FOR PERMIT -CONTROLLED PARKING
IN COUNTRY HILLS DEVELOPMENT (570.30)
written Communication:
Report dated November 20, 1990, from the Assistant City
Manager, forwarding a petition received from 16 homes in the
Country Hills development requesting that the City issue
permits to allow residents to park on parking -restricted
streets during school hours.
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2�
Referral of Reauest:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the request for
permit -controlled parking be referred to the Traffic and
Transportation Commission for a report and recommendation.
EXTENSION OF LEASE FOR ADVANCED PLANNING OFFICE FACILITIES --
SYCAMORE PLAZA (600.20)
written Communication:
Report dated November 20, 1990, from the Director of Commun-
ity Planning and Development, recommending that the lease
between the City and Sycamore Plaza (32118 Paseo Adelanto)
be extended for an additional year.
Approval of Lease Extension:
It was moved by Councilman Bland,
Buchheim, and unanimously carried
with Sycamore Plaza be extended for
November 14, 1991, in the amount
monthly installments of $962.
authorized to execute the document
CITY CLERK
seconded by Councilman
that the Lease Agreement
a one-year period ending
of $11,544, payable in
The City Manager was
on behalf of the City.
AMENDMENT TO LOCAL CONFLICT OF INTEREST CODE - DESIGNATED
POSITIONS (640.40)
Written Communicatio
Report dated November 20, 1990, from the City Clerk,
requesting approval of a revised list of positions within the
City that are required to file statements of economic
interests. The revision was necessary due to the recent
reorganization.
Approval of Appendix "A" to Local Conflict of Interest Code:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that Appendix "A" of the Local
Conflict of Interest Code be approved as amended.
DIRECTOR OF ADMINISTRATIVE SERVICES
AMENDMENT TO FEE SCHEDULE FOR INSPECTION. DUPLICATION. AND
PURCHASE OF CITY DOCUMENTS (180.20)
Written Communication:
Report dated November 20, 1990, from the Director of Adminis-
trative Services, forwarding revised fees to more accurately
reflect costs involved for duplication and purchase of
various City documents be approved.
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Mr. Bentz noted that the fee schedule for purchase of City
documents was last revised in 1987, and the fees the
duplication costs and for annual subscriptions to minutes and
agendas were last revised in 1976.
Approval of Fee Increases: ^
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the following
Resolution be adopted consolidating and increasing the fees
for duplication and purchase of various City documents:
RESOLUTION NO 90-11-20-4 FEE SCHEDULE - INSPEC-
MEETINGS AND PURCHASE OF CITY DOCUMENTS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PROCE-
DURES AND FEE SCHEDULE FOR INSPECTION, DUPLICATION,
AND PURCHASE OF VARIOUS CITY DOCUMENTS AND
REPEALING RESOLUTIONS NOS. 76-8-18-4 AND 87-9-29-6
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
APPROVAL OF AGREEMENT - ADMINISTRATION OF CITY'S PRETREATMENT
PROGRAM (SERRA) (600.50)
Written Communication:
In parallel with the Ordinance introduced earlier in the
meeting establishing the regulations, procedures, and
enforcement of the requirements for liquid waste discharge,
the report dated November 20, 1990, from the Interim Director
of Engineering and Building, recommended that an agreement
be entered into between the City and SERRA to administer the
City's Pretreatment Program.
Mr. Wellington made an oral presentation, noting that the
agreement obligates the City to name a staff liaison with
authority to make program -related decisions and commitments
on behalf of the City.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the agreement between
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SERRA and the City be approved to facilitate and operate the
City's Waste Discharge Pretreatment and Source Control
Program. The City liaison will be appointed at a later date.
2. ACCEPTANCE OF BIDS AND AWARD OF CONTRACT - TRABUCO CREEK
EQUESTRIAN -BICYCLE BRI E SP ESS CONSTRUCTION) 600.30
Written Communication:
Report dated November 20, 1990, from the Interim Director of
Engineering and Building, noting that five bids were received
for the construction of an equestrian/bicycle bridge over
Trabuco Creek at Rancho Viejo Road and recommending that the
contract be awarded to Spiess Construction Company, Inc., the
lowest bidder.
Award of Contract:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the contract for the
construction of the Trabuco Creek Equestrian/Bridge at Rancho
Viejo Road be awarded to the lowest responsible bidder,
Spiess Construction Company, Inc., in the amount of $95,507.
All other bids were rejected. The Mayor and City Clerk were
authorized to execute the document on behalf of the City.
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated November 20, 1990, from the Director of Plan-
ning, advising that two Intent to File for Development Review
applications were received by the City since the last report
of October 16, 1990.
Approval to Receive and File:
It was moved by Councilman Bland, seconded by Councilman
Buchheim'and unanimously carried that the report be received
and filed.
2. APPEAL OF PLANNING COMMISSION DECISION - CONDITION 7C OF PC
RESOLUTION NO. 89-10-24-2. ARCHITECTURAL CONTROL 89-2 (ROMER)
(410.60)
written Communication:
(1) Report dated November 20, 1990, from the Director of
Planning, advising that Mr. Romer had appealed the Land
Use Manager determination that a temporary construction
for the Capistrano Collection project located on Ortega
Highway and Rancho Viejo Road could not be obtained from
Mr. Romer and relieving the development from that
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2
3.
requirement. The report recommended that the Council
uphold the Planning Department staff's action.
(2) Report dated November 20, 1990, from the City Clerk,
advising that Raymundo Becerra, a partner of Carlos
Romer, had contacted the City Clerk's office this date
requesting that the item be withdrawn since the matter
had been resolved to the satisfaction of Mr. Romer and
Mr. Scott Wellman of Capistrano Collection Associates.
Withdrawal of Item:
With the consensus of Council, Mayor Hausdorfer ordered the
item withdrawn from consideration as requested by the
appellant.
BUSINESS CENTER) (410.60)
Written Communication:
Report dated November 20, 1990, from the Director of Plan-
ning, regarding the applicant's request that Council review
the Planning Commission's condition to increase the number
of trees to be planted along the freeway within the
Capistrano Valley Water District's easement.
Ms. Lynn Dosheery, Land Use Manager, made an oral report.
Mr. Fred Seligman, applicant, stated that the landscape plans
were conceptually approved by the Planning Commission in
December 1988 and that the requirement to increase the number
of trees was added during review of the lighting plans on
September 12, 1989. He submitted a letter dated August 2,
1990, from the District Engineer of the Water District
recommending that the trees not be planted within the
District's easement because of potential impacts to the
existing waterline. Mr. Seligman objected to the planting
of trees in addition to the 125 already planted because they
would block the view of his building from the freeway.
Ms. Dosheery stated that the objections raised by the Water
District Engineer in his August 2 letter regarding the root
protection barrier have been resolved to the District's
satisfaction and that plantings would be allowed in their '.
easement. She noted the City's policy to require landscaping
along the freeway for projects. With regard to the landscape
plans which were approved by the Planning Commission in 1988,
Ms. Dosheery noted that the final landscape plans were not
approved by the Commission until September 12, 1989, at which
time the condition was added to plant additional trees along
the freeway.
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Councilman Buchheim felt that trees should not be planted
that close to the waterline because of potential problems.
Reaffirmation of Planning Commission Action:
It was moved by Councilman Bland and seconded by Mayor
Hausdorfer and carried with Councilman Buchheim voting in
opposition, that the Planning Commission action of
September 12, 1990, be reaffirmed requiring the planting of
additional trees within the Water District easement for
AC 88-10. The Council requested that Water District person-
nel be on-site during the planting.
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted the composting of 60 tons of
sludge daily at the Chiquita Canyon plant.
b. San Juan Basin Authority (1050.60)
Councilman Buchheim stated that an agreement will be
forthcoming regarding the use of water.
d. Integrated Waste Management Commission (810.101
Councilman Bland advised of his request for appointment
from Supervisor Riley to represent the City as an at -
large representative to the Commission after stepping
down from his Council seat. The position for an elected
representative may be transferred to a neighboring city.
COUNCIL COMMENTS
1. HOME OCCUPATION CODE AMENDMENTS (460.30)
Councilman Bland noted the upcoming public hearing at the
Planning Commission level regarding home occupation uses.
Upon review of the proposed regulations, he felt that
allowing only one use per household would be too restrictive,
since many occupations may be benign in nature. In addition,
Councilman Bland recommended that the requirement to house
the primary business vehicle in an enclosed garage may not
be realistic. He encouraged the Council to review the
regulations carefully so that they are not discriminatory.
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2. SIGN REGULATION ENFORCEMENT (410.401
Councilman Bland requested that staff investigate the use of
the advertising banner at the Family Fitness Center.
ADJOURNMENT
There being no further
was adjourned at 9:57
Tuesday, December 4,
Chamber.
ATTEST:
business before the Council, the meeting
p.m. to the next regular meeting date of
1990, at 7:00 p.m. in the City Council
_ _ice._--
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GAR USDORFER MAYOR
Respectfully submitted,
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CHERYL JOHNSON, CITY CLERK
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