86-0805_CC_Minutes_Regular Meeting025
AUGUST 5, 1986
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 pro tem
Hausdorfer at 7:02 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by
Mayor pro tem Hausdorfer.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Kenneth E. Friess, Mayor
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard,
Assistant City Manager; Mary Ann Hanover, City Clerk; John R.
Shaw, City Attorney; Robert G. Boone, Director of Administrative
Services; William D. Murphy, Director of Public Works; Thomas G.
Merrell, Director of Community Planning and Development;
Thomas L. Baker, Director of Community Services; Cheryl Johnson,
Recording Secretary.
MINUTES
Regular Meeting of July 1, 1986:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of July 1,
1986, be approved with an amendment to the section beginning on
Page 9, dealing with the approval of Rezone 85-5, Nu -West, Inc.,
to reflect the actual motion made indicating approval of a
modified Planning Commission recommendation which included
specific building heights, designs and modified building envelope
for the Architectural Control. The motion carried by the
following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
Staff was directed to submit to Council copies of the revised
Minutes. Councilman Buchheim offered to meet with members of the
community and City representatives regarding Council's action on
the Nu -West project and, there was a consensus that Councilmen
Buchheim and Bland be selected to represent Council.
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026 Regular Meeting of July 15, 1986:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, that the Minutes of the Regular Meeting of July 15, 1986,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Bland, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
PRESENTATIONS AND COMMENDATIONS
1. COMMENDING SAN JUAN FLYERS SOCCER TEAM (105.1/114.2)
2.
Written Communications:
Report dated August 5, 1986, from the City Clerk, advising
that the San Juan Flyers, an all -girl soccer team, had
completed competition in the Rainbow Tournament held in
Hawaii, as the Champions of Division 2.
The coaches and 17 members of the team were present and
joined Mayor pro tem Hausdorfer on the podium to receive
individual Certificates of Commendation.
.2
Written Communications:
Report dated August 5, 1986, from the City Clerk, forwarding
a resolution commending the members of the Western Heritage _
Association for the volunteer efforts in clearing and
improving various equestrian/hiking trails in the City.
Commending Western Heritage Association:
Mayor pro tem Hausdorfer read the Resolution in full and it
was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
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0.
RESOLUTION NO. 86-8-5-1, COMMENDING THE WESTERN 2 7
HERITAGE ASSOCIATION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COMMENDING THE WESTERN HERITAGE ASSOCIATION
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
Jim Miles, Association Vice President, and other Association
Members in attendance joined Mayor pro tem Hausdorfer on the
podium to receive the Resolution of Commendation.
3. PRESENTATION OF LECTURE SERIES POSTER
(EMILY JACKSON, LIBRARIAN) (702.1)
Written Communications:
Report dated August 5, 1986, from the Assistant to the City
Manager, advising that a framed poster announcing the Early
California Reflections lecture series to be conducted at the
San Juan Capistrano Library, will be presented to the
Council by Emily Jackson, Librarian. The poster was
designed and signed by Ward Ritchie.
Emily Jackson, Librarian, and Wilson Buckner, President of
the Friends of the Library, presented the poster as an
expression of appreciation for Council's support of library
activities.
4. RECOGNITION OF OUTSTANDING EMPLOYEES, 1985-86 (500.1)
Written Communications:
Report dated August 5, 1986, from the City Manager, advising
that the following non -management employees had been
evaluated by a committee of peers and had been selected to
receive performance awards based on a set of criteria which
included skill, knowledge and competency, attitude,
creativity and support of City-wide goals:
George Arreola, Maintenance Worker, Public Works
Department;
Jeanne Beck, Administrative Secretary, Community
Services Department;
Mary Carlson, Deputy City Clerk, City Clerk's
Department;
Lee Choitz, Permit Services Supervisor, Building
and Safety Division;
Jack Galaviz, Lead Maintenance Worker, Public Works
Department;
Dana Kasdan, Associate Engineer, Engineering Division;
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0'2$
Calvin Mahi, Maintenance Worker, Public works
Department; and,
Mae Shimizu, Secretary, Building Division.
with the exception of Calvin Mahi, the employees were
present and joined Mayor pro tem Hausdorfer on the podium to
receive a plaque and a check in the amount of $1,000 in _
recognition of their outstanding performance.
RECOGNITION OF ACCOMPLISHMENTS - PAMELA GIBSON (114.2/102.301)
Mayor pro tem Hausdorfer requested that Mrs. Gibson join him
on the podium and commended her for the publication of her
most recent book entitled "The Golden Promise, An
Illustrated History of Orange County." Mrs. Gibson is
employed in the capacity of Assistant to the City Manager.
ORAL COMMUNICATIONS
PROPOSED BAN ON FIREWORKS (605.3)
Wally Johnson, 25916 Via del Rey, cited concerns regarding
use of legal and illegal fireworks and urged that the sale
of fireworks be eliminated in the City. Following
discussion, staff was directed to contact community
organizations who use the sale of fireworks as a
fund-raiser, and to report within 30 days with a schedule to
consider a proposed ban on the sale of fireworks within the
City.
2. REDEVELOPMENT PLAN AMENDMENT 86-1 (152)
Jim Fulmer, 26981 Calle Don Carlo, cited his request to
receive a copy of the documentation presented to Council
regarding the Redevelopment Plan Amendment 86-1 scheduled
later on the Agenda, and noted that he had been advised it
was not currently available for distribution to the public
and was only available for review in the City Offices during
working hours. Mr. Fulmer was advised that the information
would be made available to him at his convenience.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Bland, that the staff recommendations be accepted for the _
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
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2.
029
APPROVAL OF WARRANTS (202.2)
The List of Demands dated July 16, 1986, Warrant Numbers 1
through 161, in the total amount of $871,544.86, was
approved as submitted.
REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(133.4)
The Report dated August 5, 1986, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of July 22, 1986, was ordered received
and filed.
3. REPORT OF EOUESTRIAN COMMISSION ACTIONS (135.4
4.
5.
6.
The Report dated August 5, 1986, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of July 14, 1986, was ordered received and filed.
REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4)
The Report dated August 5, 1986, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of July 21, 1986, was ordered received and
REPORT OF PLANNING COMMISSION ACTIONS (140.4)
The Report dated August 5, 1986, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of July 22,
1986, was ordered received and filed.
AND QUITCLAIMS (CAPISTRANO ACRES MUTUAL
Amin icon cn ii nnc 11
As set forth in the report dated August 5, 1986, from the
Director of Public Works, concurrent exchanges of easements
and access rights were required as part of the storm drain
and roadway improvements for Assessment District 78-3. The
following Quitclaim Deeds from the City to Capistrano Acres
Mutual Water Company, relative to Parcel 20, were approved:
0.185 -acre Street Easement;
Storm Drain Easement over Parcels A and B.
The Mayor and City Clerk were authorized to execute the
Deeds on behalf of the City.
The following Easement Deeds from the Capistrano Acres
Mutual Water Company to the City relative to Parcel 20, were
accepted:
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030
7.
EP
9.
0.193 -acre Street Easement;
0.193 -acre Storm Drain Easement;
Easement Deed for Access and Storm Drain Maintenance.
The City Clerk was directed to forward the Quitclaim and
Easement Deeds to the Orange County Recorder's Office.
PLANS, SPECIFICATIONS AND CALL FOR BIDS - ASPHALT
Amn rnNrRFTF nVRRLAY OF SAN JUAN CREEK ROAD FROM CALLE
The plans and specifications for the asphalt concrete
overlay of San Juan Creek Road from Calle Caballero to La
Novia Avenue were approved, and a call for bids authorized.
As set forth in the report dated August 5, 1986, from the
DIrector of Public Works, $205,000 was budgeted in Account
12-6900-4710-118 for the asphalt concrete overlay of San
Juan Creek Road; the Engineer's estimate for this project
was $135,000.
ON UPHOLDING DECISION OF PLANNING COMMISSION DENIAL
mTTn AT nnUMVnT. GS -1 ICAM .TTTA TT (10DW)DDTF. 73T.n7a1
As set forth in the report dated August 5, 1986, from the
Director of Community Planning and Development, the
following Resolution was adopted incorporating the Planning
Commission's findings for denial, pursuant to Council
direction on July 15, 1986:
RESOLUTION NO. 86-8-5-2, DENIAL OF ARCHITECTURAL
CONTROL 85-3 (SAN JUAN CORPORATE PLAZA) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING
COMMISSION DENIAL OF ARCHITECTURAL CONTROL 85-3 (SAN
JUAN CORPORATE PLAZA)
RESOLUTION OF APPROVAL - GENERAL PLAN AMENDMENT 86-3
11A l -tli nnnnnnAM nTA7A1 !Z1A 1S
As set forth in the report dated August 5, 1986, from the
Director of Community Planning and Development, the
following Resolution approving General Plan Amendment 86-3,
was adopted:
RESOLUTION NO. 86-8-5-3, GENERAL PLAN AMENDMENT 86-3
(SAN JUAN CORPORATE PLAZA) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN AMENDMENT TO THE GENERAL PLAN BY CHANGING
THE LAND USE DESIGNATION FROM RECREATION COMMERCIAL TO
GENERAL COMMERCIAL FOR ASSESSOR'S PARCEL NO. 650-161-02
(SAN JUAN CORPORATE PLAZA)
8/5/86
10
11
12.
F
031
FINAL PARCEL MAP 86-128 (STONERIDGE/ANDERSON) (316.3)
As set forth in the report dated August 5, 1986, from the
Director of Public Works, Parcel Map 86-128 was approved
with the determination that said Map was consistent with the
General Plan of the City and in substantial compliance with
the approved Tentative Map.
LEASE AGREEMENT FOR NEW XEROX DUPLICATION SYSTEM (U.S.
LEASING) (600.20)
As set forth in the report dated August 5, 1986, from the
Director of Administrative Services, the following
Resolution authorizing execution of a Lease Agreement with
U.S. Leasing Corporation for a Xerox 1075 Duplication
System, was adopted:
RESOLUTION NO. 86-8-5-4, LEASE AGREEMENT WITH U.S.
LEASING CORPORATION - XEROX 1075 DUPLICATING SYSTEM -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION
OF THE LEASE AGREEMENT WITH U.S. LEASING CORPORATION
FOR A XEROX 1975 DUPLICATING SYSTEM
The City will pay $1,438 per month to U.S. Leasing
Corporation over a 60 -month lease at 9.48, and $412 per
month to Xerox for a maintenance contract and usage charge,
for a total monthly cost of $1,850. The Xerox 1075 is a
fully -electronic duplication machine.
CLAIM AGAINST THE CITY (RALPH TOMLINSON) (402.148)
As set forth in the report dated August 5, 1986, the
Cross-complaint filed with the City on July 14, 1986, by
Ralph Tomlinson, in connection with inspection of a home in
the Hunt Club at 30962 Steeplechase Drive, was denied.
MAP, TRACT 12736 (GLENFED DEVELOPMENT CORPORATION
iicnn zni
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to hold this item over for
consideration at the meeting of Auaust 19. 1986.
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to hold this item over for
consideration at the meeting of August 19, 1986.
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032
FINAL MAP
DEVELOPMENT
1/600.30)
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to hold this item over for
consideration at the meeting of August 19, 1986.
FINAL MAP, TRACT 12
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to hold this item over for
consideration at the meeting of August 19, 1986.
12740 (GLENFED DEVELOPMENT
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried to hold this item over for
consideration at the meeting of August 19, 1986.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION ACTION - ZONE VARIANCE 86-4,
This Public Hearing was continued from the meeting of
July 15, 1986.
Written Communications:
Report dated August 5, 1986, from the Director of Community
Planning and Development, recommending denial of the appeal,
and noting that there are other developments in the City
with the same zone designation and similar size lots which
have been able to accommodate three -car garages within the
setback parameters.
Exhibits were on display and Susan Tebo, Associate Planner,
made an oral presentation, discussing the four mandatory
findings required for granting of a variance, and their
application to the property.
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Hausdorfer opened the Public Hearing and the following
person responded:
(1) Don Zellner, applicant, Zellner Communities, Inc.,
17821 Mitchell, Irvine, spoke in support of the appeal,
discussing the findings required for granting of a
variance. He stated that the lots in question
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033
contained rear -yard slopes which precluded siting the
house further from the street; that there were only
seven lots in the entire development which required a
variance to accommodate a three -car garage; and, that
those seven lots would not set a precedent in the
development. He further stated that the variance was
necessary to allow for the privilege and enjoyment of a
three -car garage as enjoyed by the other residences in
the neighborhood. He noted the City's requirement for
20 feet between structures, stating there would be 18
feet between the structures on Lots 21 and 22, and Lots
28 and 29; and, that the structure on Lot 17 could be
shifted five feet to meet the 20 -foot requirement
between Lots 16 and 17. He advised that only the
corner of the garages would be encroaching into the
setback, not the entire structure. He stated that the
appeal met all the criteria required by the Municipal
Code for granting of a variance.
There being no further response, Mayor pro tem Hausdorfer
closed the Hearing with the right to re -open at any time.
Council Discussion:
Councilman Schwartze stated he would not normally approve
such a request; however, he was in favor of the appeal since
Mr. Zellner was working with previously -graded pads and the
living spaces were in excess of the Code requirements.
Noting financial problems of the previous developer, Mayor
pro tem Hausdorfer stated that the appeal could be justified
based on the unusual circumstance of Mr. Zellner's risk in
building the homes. Council concurred that the encroachment
would not infringe on anyone in the neighborhood; but,
approval of this variance did not indicate a trend toward
smaller side -yard setbacks.
Planning Commission Denial Overturned:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim to approve the appeal. With the concurrence of the
second, the motion was subsequently amended to approve Zone
Variance 86-4 based on the findings contained in the
following Resolution and with an added condition that the
structure on Lot 17 be shifted so that there will be 20 feet
between the structures on Lots 16 and 17:
17D
APPROVING ZONE VARIANCE
COMMUNITIES, INC.)
APPROVING ZONE VARIANCE 86-4
C.) - A RESOLUTION OF THE CITY
AN JUAN CAPISTRANO, CALIFORNIA,
86-4 WITH FINDINGS (ZELLNER
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034
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None _
ABSENT: Mayor Friess
2. APPEAL OF ZONING ADMINISTRATOR ACTION - ZONE V
REQUEST TO ALLOW OPEN PATIO COVER TO BE CONSTR
SIDE -YARD PROPERTY LINE ON PROPERTY LOCATED AT
ROAD (BRAITHWAITE) (323.2)
This Public Hearing was continued from the meeting of
July 15, 1986.
Written Communications:
(1) Report dated August 5, 1986, from the Director of
Community Planning and Development, recommending denial
of the appeal, noting that the encroachment is
inconsistent with the General Plan and in conflict with
the minimal provisions of the Uniform Building Code.
(2) Letter dated August 1, 1986, from Stephen M. Rios,
Attorney at Law, 31781 Los Rios Street, representing
the appellant, requesting that the matter be continued
to the meeting of August 19, 1986.
Continuation of Public Hearing:
There was a consensus of Council to continue the Hearing to
the meeting of August 19, 1986, as requested by the
appellant.
3. AMENDMENT TO TITLE 9, CHAPTERS 2 AND 3, OF THE MUNICIPAL
CODE (DISH ANTENNAE) (418.3)
This item was taken out of order on the Agenda.
Proposal:
Consideration of an amendment to the City's development
standards and regulations for installation of dish antennae
in commercial and residential districts in order to meet new
Federal Communications Commission rules. ^
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated August 5, 1986, from the Director of Community
Planning and Development, citing the differences between the
proposed standards and the previous City regulations.
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U35
The Director of Community Planning and Development made an
oral report, advising that the action would consolidate all
antennae regulations in the Municipal Code.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following person
responded:
(1) Joan Scarantino, 27441 Ortega Highway, inquired what
the regulations were for installation of a dish
antenna. Mr. Merrell recited the proposed regulations.
There being no further response, Mayor pro tem Hausdorfer
closed the Hearing with the right to re -open at any time.
Approval of Antennae Regulations:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Schwartze, seconded by Councilman Buchheim that the
following Ordinance be introduced:
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ANTENNAE
REGULATION - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.609 OF
ARTICLE 6, "SUPPLEMENTARY DISTRICT REGULATIONS," OF
CHAPTER 3, "ZONING," OF TITLE 9, "LAND USE," OF THE
MUNICIPAL CODE RELATING TO ANTENNAE REGULATION
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
4. CONFIRMING ASSESSMENTS - LANDSCAPE MAINTENANCE DISTRICT NO.
This item was taken out of order on the Agenda.
Proposal:
Hearing held pursuant to provisions
Lighting Act of 1972, to provide an
comment regarding the boundaries of
proposed annual assessment, pursuant
July 15, 1986.
-11-
of the Landscaping and
opportunity for public
the District and the
to Council action on
8/5/86
036
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated August 5, 1986, from the Director of Public
Works, advising there were no changes to the boundaries nor
were there any improvement modifications. The report set
forth the proposed 1986-87 budget for the District in the
corrected amount of $201,000.
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Hausdorfer announced the Public Hearing. The City Clerk
announced that a Certificate of Compliance was on file and
open for public inspection. The Director of Public Works
explained the purpose, scope and order of procedure for the
Public Hearing; explained the general nature, location and
extent of the existing works of improvement; provided a
description of the boundaries of Landscape Maintenance
District No. 1; presented and summarized the "Report"
pursuant to the provisions of the "Landscaping and Lighting
Act of 1972"; explained the method and formula of assessment
spread; and, indicated there were no modifications necessary
in the assessments or proceedings. The City Clerk reported
there were no protests received.
Mayor pro tem Hausdorfer opened the Public Hearing and the
following persons responded:
(1) Gary Alfonzo, 26571 Royale Drive, stated opposition to
paying for landscaping in the common areas of Tract
11095 and in the vicinity of the recreation area,
advising that the area of his residence was exempt from
the recreation areas and had no clubhouse or facility
rights. He stated the assessment could be more
equitably divided based on access to the various areas
in the District. He stated he had no objection to
paying for maintenance of the entrance area.
(2) Jim Kaufman, 29821 Monarch Drive, concurred with
previous comments and suggested that consideration be
given to the fact that the improvements also benefitted
the Stoneridge development.
The Director of Public Works advised there were no changes
or modifications proposed to the Engineer's "Report."
Council concurred that it would be difficult to ascertain
benefit based on parcelization at this time; however, it
could be investigated next year. There was further
concurrence that a method of assessing the Stoneridge
development a proportional share could also be investigated.
Mayor pro tem Hausdorfer urged residents to take an active
role in management of the District.
-12- 8/5/86
037
It was then moved by Councilman Schwartze, seconded by
Councilman Bland and unanimously carried to close the Public
Hearing.
Resolution Confirmina Diagram and Assessment and Orderin(
Annual Levy of Assessments:
It was moved by Councilman Bland, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 86-8-5-6, CONFIRMING ASSESSMENTS FOR
TAUT VO An\IT TMTDMTTT/T L+ TYOM 7T M TTII 1 IITT TfTCTDTTTII
ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE
DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF
THE ANNUAL ASSESSMENT IN A SPECIAL ASSESSMENT DISTRICT
(LANDSCAPE MAINTENANCE DISTRICT NO. 1/CAPISTRANO
ROYALE)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
The City Clerk was directed to deliver the assessment and
diagram with a Certificate of Confirmation to the
Superintendent of Streets and to file a certified copy of
the diagram and assessment with the County Auditor no later
than the third Monday in August, or August 18, 1986.
RECESS AND RECONVENE
Council recessed at 8:45 p.m., and reconvened at 8:55 p.m.
Council recessed at 8:55 p.m., to conduct the joint public
hearing of the City Council and the Community Redevelopment
Agency, and reconvened at 9:19 p.m., with all Members present
with the exception of Mr. Friess.
JOINT PUBLIC HEARING - CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY
5. REDEVELOPMENT PLAN AMENDMENT 86-1 (SAN JUAN CAPISTRANO
Councilman Buchheim advised he would abstain from action on this
item due to a conflict of interest.
Proposal:
Consideration of an amendment to the Redevelopment Plan,
which was initiated on May 6, 1986, to expand the project
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1
area to include additional public improvements and three
parcels containing approximately 23 acres of land at the
junction of Doheny Park Road and Camino Capistrano.
Applicant:
City of San Juan Capistrano/San Juan Capistrano Community
Redevelopment Agency.
Written Communications:
(1) Report dated August 5, 1986, from the Director of
Community Planning and Development, forwarding the
Planning Commission's recommendation to approve the
Environmental Impact Report and finding that the
Amendment was in conformance with the City's General
Plan.
(2) Notebook identified as "Exhibit 1," containing:
(a) Amendment to the Central Redevelopment Project per
Plan Amendment 86-1 (Added Area);
(b) Plan Amendment 86-1 Preliminary Plan and Blight
Report;
(c) The Agency Report to the City Council, including
the Planning Commission Report and the Draft Focus
Environmental Impact Report for the Price Club
Development;
(d) Agency and Council Resolutions and Ordinances;
and,
(e) Redevelopment Law Excerpts, Affidavits of Mailing
and Written Comments.
Introductory Comments:
The Director of Community Planning and Development advised
that the Central Redevelopment Plan was originally adopted
on July 12, 1983, and subsequently amended forming the
Central Redevelopment Project Area. During early 1986,
staff and the Redevelopment Agency began processing an
amendment which proposed the addition of approximately 23,
acres to the existing Project Area and the inclusion of
various additional public improvements. ^
Tom Clark, Legal Counsel, Stradling, Carlson, Yocca, and
Rauth, 660 Newport Center Drive, Newport Beach, noted that
evidence would be introduced for consideration which
supported certain findings and determinations to be made
with regard to the ordinance adopting the Amended
Redevelopment Plan, as contained in Section 33367 of the
Health and Safety Code. The findings included:
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039
(1) The area proposed to be added to the Project Area meets
the legal qualifications set forth by the legislature
for a blighted urban area;
(2) The Redevelopment Plan as amended would redevelop the
amended Project Area in conformity with the law;
(3) The adoption and carrying out of the Redevelopment Plan
as amended is economically sound and feasible;
(4) The Redevelopment Plan as amended conforms to the
General Plan of the community;
(5) The condemnation of real property, as provided for in
the Redevelopment Plan as amended, is necessary to the
execution of the Redevelopment Plan as amended, and
adequate provisions have been made for payment for
properties to be acquired as provided by law;
(6) The elimination of blight and the redevelopment of the
Project Area as amended could not reasonably be
expected to be accomplished by private enterprise
acting alone without the aid and assistance of the
Agency.
Presentation Relating to Background and Rationale of
Project:
The Director of Community Planning and Development referred
to and briefly summarized pertinent parts of the Report of
the Agency to the City Council, which is the basic
supporting documentation for the Amendment 86-1, and the
ordinance adopting Amendment 86-1. The Director of
Community Planning and Development advised that the Notice
of tonight's public hearing was published as required by
law. The City Clerk advised that the affidavit of
publication in the Capistrano Valley News was on file.
Contents of Report and Summary of Blighting Influences:
The Community Development Administrator stated that the area
proposed to be added is urban and an integral part of the
urban area; that the property adds to the burdens of the
area traffic system and traffic problems of property in and
outside the Added Area; and, that these problems are
interrelated and are a part of a common urban setting. Mrs.
Erickson noted a correction necessary in the Environmental
Impact Report to reference the inadequate sewer capacity of
Capistrano Beach Sanitary District, rather than the South
East Regional Reclamation Authority. The Amendment was to
incorporate land anticipated for a Price Club project;
however, there was currently no agreement for that project.
Written Comments:
The City Clerk advised that no written comments or other
objections had been received.
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1� 1
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Hausdorfer opened the Public Hearing, asking for statements
from persons in opposition to Redevelopment Plan Amendment
86-1. The following person responded:
(1) Jim Fulmer, 26981 Calle Don Carlo, cited concerns
regarding the execution of redevelopment projects; the
description of blight; redevelopment of an area which
has yet to be developed; potential problems with
bonding; condemnation activities; and, impact of tax
increment on schools and other parts of the General
Fund.
Mayor pro tem Hausdorfer advised that the definition of
blight has been determined by the State Legislature, that
debt would be repaid through tax increment, and that the
schools had worked with the City and were aware of the
proposed Amendment.
Response to Oral Testimony:
The City Manager responded to Mr. Fulmer's concerns, noting
that there is not yet a specific development plan for the
property; the Plan is only a document. He noted that urban
blight was defined in State Codes and included the inability
to provide the appropriate infrastructure or the inability
of a project to maintain itself economically. He advised
that agreements had been entered into with the various
taxing agencies affected by the proposed Amendment; that any
loss of income to the schools due to the project would be
returned by the State. In response to Mr. Fulmer, the City
Manager advised that bidding for construction of
improvements would depend on the property owner/developer;
that the Agency would subsidize certain improvements. Mr.
Fulmer advised that to the extent the project was bid out,
he would withdraw his objections.
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried with Councilman Buchheim
abstaining, to close the Public Hearing.
Written and Oral Objections Overruled:
It was moved by Councilman Schwartze, seconded by Councilman
Bland and unanimously carried with Councilman Buchheim _
abstaining to overrule all written and oral objections to
Redevelopment Plan Amendment 86-1.
Completion of Environmental Review:
It was moved by Councilman Schwartze, seconded by Councilman
Bland that the following Resolution be adopted:
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8/5/86
041
RESOLUTION NO. 86-8-5-7, REDEVELOPMENT PLAN AMENDMENT
86-1, CERTIFYING FINAL EIR - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (EIR)
86-050704, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor pro tem Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Mayor Friess
It was moved by Councilman Schwartze, seconded by Councilman
Bland that the following Resolution be adopted:
NO.
AMENDMENT 86-1) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING
THAT THE USE OF TAXES ALLOCATED FROM THE CENTRAL
REDEVELOPMENT PROJECT FOR THE PURPOSE OF HOUSING
OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE
PROJECT - REDEVELOPMENT PLAN AMENDMENT 86-1
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor pro tem Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Mayor Friess
Approving and Adopting Redevelopment Plan Amendment 86-1:
The Legal Counsel 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 Bland,
seconded by Councilman Schwartze that the following
Ordinance be introduced:
ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 - SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING REDEVELOPMENT PLAN AMENDMENT
86-1 TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
and Mayor pro tem Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Mayor Friess
Following adoption, the City Clerk was directed to forward a
certified copy of the Ordinance to the Community
Redevelopment Agency; to forward to the Orange County
Recorder a description of the land within the Added Area and
a statement that proceedings were instituted under the
Community Redevelopment Law; and, to forward a copy of the
recorded description and statement, a copy of the Ordinance,
and a map indicating the boundaries of the Added Area to the
Orange County Auditor and Assessor, the governing body of
each taxing agency receiving taxes from property in the
Added Area, and the State Board of Equalization. Legal
Counsel noted that adoption was scheduled for the meeting of
August 19, 1986. He further that advised until annexation
was effective, the Ordinance and Plan were not effective
with regard to that part of the property currently in the
County of Orange and subject to annexation.
Councilman Buchheim resumed his duties.
RECESS AND RECONVENE
Council recessed at 9:20 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:30 p.m.
ADMINISTRATIVE ITEMS
CITY CLERK
CONTRACT FOR RECORDS MANAGEMENT PROGRAM
(HISLOP ASSOCIATES) (600.30)
Written Communications:
Report dated August 5, 1986, from the City Clerk, forwarding
an Agreement with Norma Hislop Associates to continue
Records Management Program services for Phase III,
"Modification of City Clerk's Filing System," as generally
outlined in the proposal dated November, 1985. The scope of
work for the phase is not to exceed $32,000; funds are
budgeted in the City Clerk's Department Specialized Services
Account 01-6213-4130. Services under the agreement are to
be completed on or before December 1, 1986.
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043
Approval of A reement:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to approve the Agreement
between the City and Norma J. Hislop Associates for Records
Management Program services. The Mayor and City Clerk were
authorized to execute the Agreement on behalf of the City.
CITY ATTORNEY
1. APPOINTMENT OF HEARING OFFICER - MOBILEHOME PARK RENT
REVIEW (SAN JUAN MOBILE ESTATES) (136.7 308.6)
Written Communications:
Report dated August 5, 1986, from the City Attorney,
advising that the San Juan Mobile Estates Residents'
Association filed a petition concerning a proposed rent
increase; that the petition was adequate as to form and
commencement of the hearing process was necessary. The
report recommended appointment of a Hearing Officer for the
current petition and for any received in calendar year 1986.
Public Input:
Albert Simons, San Juan Mobile Estates, 32302 Alipaz Street,
Space 135, cited concerns regarding the Hearing Officer
procedure, stating that decisions were being made by persons
who were not accountable to the public and that the public
was being left out of the process. He stated that there was
a Mobile Home Review Board to handle problems pertaining to
mobile home communities, but the Board had not met for a
number of months. He cited several problems encountered in
the San Juan Mobile Estates regarding trees, sheds and
valves.
Mayor pro tem Hausdorfer advised that the Hearing Officer
procedure was determined to be necessary to protect the
City's Mobile Home Park Ordinance, which is the only
Ordinance left in the County. He further advised that the
Hearing Officer and the Mobile Home Park Review Board make
recommendations to the Council, who will ultimately make the
final decision. He stated that if there was business for
the Board to discuss, it was the responsibility of the
Chairman to call a meeting and he would encourage the
Chairman to do so. Councilman Buchheim noted that Council
was aware of the problems in the Park. Mr. Simons was
advised that staff would communicate with him regarding his
concerns.
Selection of Hearing Officer:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to select Mr. Thomas
Drosman as Hearing Officer for the San Juan Mobile Estates
petition and for any further petitions received in calendar
year 1986.
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044
DIRECTOR OF ADMINISTRATIVE SERVICES
1.
COVERAGE, FISCAL YEAR
Written Communications:
Report dated August 5, 1986, from the Director of
Administrative Services, forwarding a summary and discussion
of three proposals received for liability insurance
coverage. The report recommended an option available from
the City's current insurance broker. The report further
noted that property insurance premiums totalled $19,972 and
provided a blanket for all property of the City, Community
Redevelopment Agency and Community Housing Corporation.
The Director of Administrative Services made an oral report,
advising that Planet Insurance would be providing quotes for
excess insurance within the month and a report would be
prepared for Council. Mayor pro tem Hausdor£er suggested
pursuing the possibility of membership in the Orange County
Cities Risk Management Authority.
Approval of Liability Insurance Coverage/Property Insurance:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the
Crump/Kindler & Laucci Option No. 1, a $50,000 Self -Insured
Retention with limits of $1 million and an aggregate of $2
million, at a cost of $72,735. Staff was directed to
investigate the cost effectiveness of securing an additional
$2 million of excess liability insurance. The property
insurance coverage premium of $19,972, was approved.
DIRECTOR OF PUBLIC WORKS
1. AGREEMENT
STONEHILL DRIVE
Written Communications:
Report dated August 5, 1986, from the Director of Public
Works, forwarding an Agreement with the County for financial
participation in right-of-way acquisition, preliminary and
final engineering, and construction, for implementation of
the Stonehill Drive extension. Participation would be based
on City boundaries at the time the construction contract is
awarded. Acquisition and preliminary and final engineering
will take place in Fiscal Year 1986-87. Construction will
be performed in Fiscal Year 1987-88. The City's share of
costs were estimated at $355,000 for the following
expenditures:
Right -of -Way Acquisition $145,000
Preliminary Engineering 30,000
Final Engineering 30,000
Construction 150,000
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045
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve Agreement No.
D85-006 with the County of Orange for right-of-way
acquisition, preliminary and final engineering, and
construction of Stonehill Drive Extension from 600 feet east
of Del Obispo Street to Camino Capistrano.
2. RESOLUTION REQUESTING PROJECT REPORT FOR ORTEGA HIGHWAY
AT AVENIDA SIEGA (CALTRANS) (801.4/108.2)
Written Communications:
Report dated August 5, 1986, from the Director of Public
Works, forwarding a resolution in support of widening the
Ortega Highway to secondary standards in the vicinity of the
Avenida Siega intersection.
Request for Improvements on Ortega Highway:
It was moved by Councilman Schwartze, seconded by Councilman
Bland that the following Resolution be adopted:
RES
AVENIDA SIEGA) - A RESOLUTION
THE CITY OF SAN JUAN CAPISTRANO,
CALTRANS TO MAKE IMPROVEMENTS ON
HIGHWAY 74) AT AVENIDA SIEGA
ING
FOR
OF THE CITY COUNCIL OF
CALIFORNIA, REQUESTING
ORTEGA HIGHWAY (STATE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
The City Clerk was directed to forward a certified copy of
the Resolution to the Director of the California Department
of Transportation.
ORDINANCES
1. APPROVAL OF REZONE 85-5 (NU -WEST) (ADOPTION) (318.5)
Written Communications:
Report dated August 5, 1986, from the City Clerk, advising
that the Ordinance was re -introduced at the meeting of
July 15, 1986, and was scheduled for adoption.
Continuation of Ordinance Adoption:
This item was held over for consideration at the meeting of
August 19, 1986.
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2.
SAN JUAN CORPORATE
Written Communications:
Report dated August 5, 1986, from the City Clerk, advising
that the Ordinance was introduced at the meeting of July 15,
1986, and was scheduled for adoption.
Adoption 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 Bland,
seconded by Councilman Buchheim that the following Ordinance
be adopted:
ORDINANCE NO. 580, REZONE 85-2
PLAZA) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAP ISTRAN0, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 2983 BY CHANGING THE
ZONING OF ASSESSOR'S PARCEL NO. 650-161-02 FROM AG
(GENERAL AGRICULTURE) TO CO (OFFICE COMMERCIAL) (SAN
JUAN CORPORATE PLAZA)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Friess
COUNCIL REMARKS
1. LOS RIOS - RELOCATION OF SOLAG FACILITIES (315.12)
In response to Councilman Schwartze, the City Manager
advised that an agreement for acquisition of the Cappello
property was nearing completion and staff was researching
alternate access routes for the Solag trucks.
2. LEAGUE OF CALIFORNIA CITIES (106.15)
Councilman Schwartze encouraged Council and Planning
Commissioner attendance at the August 14th League of
California Cities Division meeting, advising that Dan Curtin
will be the speaker.
3. STREET LIGHTS (820.65)
Councilman Bland noted receipt of a report regarding the
outlook for continued use of mercury vapor street lighting.
He noted incentives for conversion to high pressure sodium
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lights, and suggested an investigation of the matter. There
was a consensus to direct staff to prepare a report to
Council within 45 days with recommendations regarding
incorporating the use of high pressure sodium lights as a
City street lighting standard.
4, COYOTE PROBLEMS (107.21)
Councilman Buchheim cited coyote problems encountered in the
hillside areas and suggested that the County Animal Control
be made aware of the problem.
CLOSED SESSION
Council recessed to a Closed Session at 10:06 p.m., for
discussion of pending litigation pursuant to Government Code
Section 54956.9(a), the City Clerk being excused therefrom, and
reconvened at 10:42 p.m.
SETTLEMENT OF CLAIM (TORRES) (402.128)
It was moved by Councilman Bland, seconded by Councilman
Buchheim and unanimously carried to approve settlement of
the Raul Torres claim in the amount of $9,750.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:44 p.m., to the next meeting date of
Tuesday, August 12, 1986, at 7:00 p.m., in the City Council
Chamber.
Respectfully submitted,
FOR 1'-'.
"O'F
MOMPNOVER,-
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