86-0919_CC_Minutes_Regular MeetingSEPTEMBER 16, 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 Friess at 7:06 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Inez Shannon, Baha'i
Faith/Local Spiritual Assembly of San Juan Capistrano.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
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; Tom
Tomlinson, City Planner; Thomas L. Baker, Director of Community Services; Cheryl
Johnson, Recording Secretary.
MINUTES
Regular Meeting of September 2, 1986:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of September 2, 1986, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Bland, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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8
PRESENTATIONS AND COMMENDATIONS
PROCLAMATION - SCHOOL ATTENDANCE IMPROVEMENT YEAR 1986-87
610.40
Written Communications:
Report dated September 16, 1986, from the City Clerk, advising that Great
American First Savings Bank was sponsoring a program to improve school attendance
in cooperation with the State Department of Education.
School Attendance Improvement Year:
Mayor Friess read the Proclamation in full, and with the consensus of Council,
proclaimed the 1986-87 school year as School Attendance Improvement Year.
Christine Dormaier, Manager of the San Juan Capistrano Branch of the Bank, was
present to receive the Proclamation and provided an explanation of the program.
ORAL COMMUNICATIONS
1. FIRE HAZARDS/RENT CONTROL REGULATIONS (540.90/430.70)
Mary Rose Winkler, 32802 Valle Road, noted the recent fire in the vicinity of the I-5
freeway and the Capistrano Terrace Mobile Home Park and suggested that the
sprinkler system along the freeway be used in such emergencies, and requested that
Caltrans be contacted regarding lack of use of the sprinkler system for irrigation of
the area. She noted the recent withdrawal of the San Juan Mobile Estates Petition
and stated concerns that a "loophole" existed in the Rent Control Ordinance which
appeared to preclude the right of residents to appear before their elected officials.
2. RENT CONTROL REGULATIONS (430.70)
Ed Clark, San Juan Mobile Estates, 32302 Aiipaz Street, addressed the recent
withdrawal of the San Juan Mobile Estates Petition, and cited particular concerns
regarding circulators and validity of signatures.
3. PRESENTATION TO COUNCIL (140.70)
Mandy Tofic, 32971 Calle San Marcos, representing the Baha'i Faith community,
presented a statement issued by the Universal House of Justice, entitled "The
Promise of World Peace."
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, 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 Schwartze, Bland, Buchheim
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated August 27, 1986, Warrant Nos. 498-616, in the total
amount of $683,304.11, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of August 31, 1986, in the total
amount of $11,065,760.67, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60)
The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as
of August 31, 1986, was approved as submitted.
4. REPORT OF CULTURAL ARTS COMMISSION ACTIONS (910.60)
The Report dated September 16, 1986, from the Secretary of the Cultural Arts and
Heritage Commission Commission, regarding actions taken at the meeting of
August 26, 1986 was ordered received and filed.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated September 16, 1986, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of September 8, 1986, was
ordered received and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated September 16, 1986, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of September 9, 1986, was
ordered received and filed.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated September 16, 1986, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of August 13
and 27, 1986, was ordered received and filed.
8. COMPLETION OF SLURRY SEAL OF CITY STREETS (ALLEN) (600.30)
As set forth in the report dated September 16, 1986, from the Director of Public
Works, the Slurry Seal of City Streets had been completed.
Acceptance of Work:
The following Resolution was adopted:
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VM4
S
The Resolution accepted the work as complete in the amount of $81,440.60, and
directed the City Clerk to forward a Notice of Completion to the County Recorder.
Payment status was as follows:
Original Contract Price $81,440.60
Less 10% Retention 8,144.06
Less Previous Payment 65,880.00
Amount Due 7,416.54
Staff was authorized to make payment as indicated and to release the 10% retention
35 days after recording of the Notice of Completion.
PUBLIC HEARINGS
1. SECOND EXTENSION OF TIME - TENTATIVE TRACT 11587
This Hearing was taken out of order on the Agenda and was continued from the
meeting of August 19, 1986.
Written Communications:
Report dated September 16, 1986, from the City Manager, advising of the Mayor's
wish to continue the item due to the wide interest by surrounding property owners.
The continuation would allow all parties an extended period of time to review the
staff report and recommendations.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public Hearing
and the following persons responded:
(1) Dolf Keller, Vice President of the Meredith Canyon Homeowners
Association, 33441 Calle Miramar, noted that many of the Association's
objections had been addressed, but concerns remained regarding view
impairment. He advised that he and the City Planner had reached a
compromise on the issue through use of an "envelope" and requested
that it be included during the review process.
(2) Jerome Mann, 33362 Via de Agua, discussed several chemicals noted in
the report prepared by the consultant and presented a manual prepared
by the United States Department of Transportation on dealing with
chemicals.
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2.
• M
There being no further response, Mayor Friess closed the Public Hearing with the
right to re -open at any time.
Continuation of Hearing:
With the consensus of Council, Mayor Friess directed that the Hearing be continued
to the meeting of October 7, 1986.
FOR WAIVER OF TENTATIVE TRACT_ MAP AND FEES (CASITAS
This Hearing was taken out of order on the Agenda.
Proposal:
Consideration of a request to waive approximately $45,000 in tentative tract map
and plan check fees which would normally be associated with conversion of a
development to condominiums. A final map will be submitted for full discretionary
review, and appropriate engineering plan check fees associated with a final tract
map will be required.
Applicant:
Mr. Wally Rau, Casitas de Alipaz Community Association, c/o Pacific Coast
Management Corporation, 28892 Marguerite Parkway, Suite 210, Mission Viejo,
92692.
Written Communications:
1 Report dated September 16, 1986, from the Director of Community
Planning and Development, advising that the applicant wished to
convert the form of ownership of the Casitas de Alipaz development
from stock cooperative to condominiums. The project is a 172 -unit
complex located at 32221 Alipaz Street, within the RM (Multiple Family
Residential) District. Surrounding uses include two mobile home parks
to the south and east; multiple -family units to the north, west and
northeast; and, a day-care center to the north. The former Sea Otter
Swim School is located at the south corner of the project. The report
advised that the development was originally built as a rental complex
and was later sold as a stock cooperative. As a result of declining
property values and the unwillingness of lending institutions to provide
financing of such developments, the homeowners' association wished to
convert to a condominium -type ownership, which would require
processing of a subdivision map. The report advised that the request
was consistent with the General Plan and in conformance with
Subdivision Map Act regulations.
(2) Letter dated September 12, 1986, from Bryan R. St. Peters, 32221
Alipaz Street, No. 225, San Juan Capistrano, supporting the request.
(3) Letter received September 15, 1986, from Lila and Walter Freundel,
owners of Unit 252, supporting the request.
Exhibits were on display and Tom Tomlinson, City Planner, made an oral
presentation.
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8 8,
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public
Hearing, and the following person responded:
(1) Carol Hayes, 32221 Alipaz Street, spoke in support of the request,
noting the financial hardships caused by the stock cooperative type of
ownership.
There being no further response, Mayor Friess closed the Hearing with the right to
re -open at any time.
Approval of Waiver of Fees:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
the following Resolution be adopted:
ROVING
COMMUNITY ASSOCIATION) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A WAIVER FOR PROCESSING OF A
TENTATIVE TRACT MAP AND ASSOCIATED FEES FOR THE
OWNERSHIP CONVERSION OF CASITAS DE ALIPAZ
DEVELOPMENT (CASITAS DE ALIPAZ COMMUNITY
ASSOCIATION)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
3. APPEAL OF ZONING ADMINISTRATOR DECISION -
This Hearing was taken out of order on the Agenda and was continued from the
meeting of September 2, 1986.
Written Communications:
1 Report dated August 5, 1986, and resubmitted September 16, 1986, from
the Director of Community Planning and Development, forwarding
background information and a recommendation to reconfirm the Zoning
Administrator's decision.
(2) Letter dated September 9, 1986, from Dr. and Mrs. Robert Dyer, 33781
Valle Road, San Juan Capistrano, 92675, stating opposition to the patio
cover and urging that the Zoning Administrator's decision be upheld.
(3) Memorandum dated September 16, 1986, from the Director of
Community Planning and Development, forwarding a copy of the deed
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restrictions for the original subdivision for McCracken Hill. Parcel 10,
a portion of the property currently owned by the Braithwaites, was
subdivided in March, 1977, under Division of Land 76-12. The report
noted that the original restrictions require a 15 -foot setback from
interior side property lines; interpretation and enforcement would be
the responsibilities of the parties to the agreement.
(4) Memorandum dated September 16, 1986, from the Director of
Community Planning and Development, advising that the patio cover
located at 33781 Valle Road, the Dyer residence, was in conflict with
the 10 -foot setback required by the Municipal Code and, that there was
no record of a building permit issued for that patio cover.
(5) Letter dated September 16, 1986, from Dr. Robert Dyer, and submitted
during the Public Hearing, setting forth points of opposition to granting
of the requested Variance.
(6) Petition in support of the Variance dated June 7, 1986, and submitted
during the Public Hearing, containing the signatures of approximately
16 neighbors.
Mark Korvas, Planning Assistant, made an oral presentation, advising that although
the subject property was hilly in nature and irregular in shape, that characteristic
was not unique to the area; further, that the structure was in direct conflict with
Uniform Building Code regulations.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public
Hearing, and the following persons responded:
(1) Steven Rios, Attorney at Law, 31781 Los Rios Street, representing the
Braithwaites, and Rich Adams, 33532 Valle Road, made a slide
presentation in support of the appeal. Mr. Rios advised that there were
only 3 lots in the area which were 1/2 acre in size, and cited unusual
characteristics of the property, waivers allowed, location of the patio,
and submitted a copy of a Fire Department inspection notice stating
that the structure was not a fire danger. He advised that whatever
measures necessary would be taken to insure adequate fire protection.
(2) Robert Dyer, 33781 Valle Road, spoke in opposition to the Variance,
citing concerns regarding the precedent -setting aspects, land use and
building code violations and potential fire hazards. He stated that the
requested variance would allow for the appearance of a higher -density
area.
(3) Charles McCollum, 33761 Valle Road, spoke in opposition to the
Variance, stating that the structure could easily be made a part of the
living quarters.
(4) Henry Espoy, 33821 Valle Road, spoke in opposition to the Variance,
advising that he owned a neighboring 1/2 -acre lot and his residence had
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complied with all CC&R's and City requirements without use of
variances.
(5) Charles McClung, Attorney representing Dr. Dyer, stated that the
mandatory findings for granting of a Variance could not be made; that
the structure was built illegally and was contrary to General Plan
requirements.
(6) Mr. Rios and Mr. Adams provided rebuttal statements to concerns which
had been expressed, including potential fire hazards, the appearance of
a higher -density neighborhood, and potential use of the structure for
living quarters.
There being no further response, Mayor Friess closed the Hearing with the right to
re -open at any time.
Council Discussion:
Discussion ensued regarding the technical illegality of the patio in terms of the
Uniform Building Code, lack of a City building permit, and inability to make the
mandatory findings. It was clarified that if the variance were approved, the
structure would have to be reconstructed to meet the 3 -foot setback required by the
Uniform Building Code. Councilman Buchheim suggested that an investigation be
made regarding the conformity of Mr. Dyer's patio; he further suggested that an
engineering study might arrive at a solution acceptable to both neighbors.
Denial of Appeal Regarding Zone Variance 86-9:
It was moved by Councilman Bland, seconded by Councilman Hausdorfer that the
following Resolution be adopted based on the specific findings that:
(1) There were areas on the property where a patio could be located
without limiting the enjoyment of similar privileges as enjoyed by other
properties in the area;
(2) There were other properties in the area with the same physical
constrictions;
(3) A precedent would be set in terms of the Uniform Building Code
regulations; and,
(4) The requested variance was not consistent with the General Plan in
terms of setback requirements.
RESOLUTION NO. 86-9-16-3, DENYING ZONE VARIANCE 86-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING ZONE
VARIANCE 86-9, A REQUEST TO ALLOW A PREVIOUSLY
CONSTRUCTED PATIO COVER TO ENCROACH 10 FEET INTO
THE 10 -FOOT MINIMUM SIDE -YARD SETBACK LOCATED AT
33801 VALLE ROAD, SAN JUAN CAPISTRANO, CA 92675
(BRAITHWAITE)
9/16/86
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:29 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 8:30 p.m.
ADMINISTRATIVE ITEMS
CITY ATTORNEY
1.
CONDEMNA
Written Communications:
Report dated September 16, 1986, from the City Attorney, stating the necessity to
use the power of eminent domain so that San Diego Gas and Electric may begin the
underground utility work adjacent to Rancho Viejo Road at Highland Drive. Without
the undergrounding work, widening of Rancho Viejo Road cannot be accomplished.
The parcel, known as Lot A, Tract 11094, is approximately 1/2 acre in size and is
under the legal control of the bankruptcy trustee for the Goeden Company. The
parcel has an appraised value of $1,380.
Hearing:
Mayor Friess opened the Hearing and, there being no response, closed the Hearing.
Determining Necessity of Condemnation:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
rm%jrccI I - iv n, iMcn i IIV�V %�10I �Ll. acv. �J -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DETERMINING THE
NECESSITY OF PROVIDING FOR THE CONDEMNATION OF
CERTAIN REAL PROPERTY DESCRIBED AS LOT A, TRACT
11094 (ASSESSOR'S PARCEL NO. 650-403-07) (CAPISTRANO
ROYALE)
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Nu
LZALIZi
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
DIRECTOR OF ADMINISTRATIVE SERVICES
1.
IPMENT (FIRST MUNICIPA
Written Communications:
Report dated September 16, 1986, from the Director of Administrative Services,
advising that the majority of the NBI computer system had been installed. Upon
completion of the installation, the City will finance the entire system, including the
additional financial and recreational software and modular furniture purchased for
Administrative Services. The report forwarded results of quotes received from
financing sources for a lease/purchase arrangement for the entire package; the total
to be financed was $244,300. The report forwarded an agreement with First
Municipal Leasing Corporation, at an interest rate of 7.94 percent and yearly
payments of $57,844. The cost will be spread over 5 years; the City will pay $15,000
quarterly, with an option to purchase the system for $1.00 at the end of the term.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve the lease/purchase agreement with First Municipal
Leasing Corporation and to authorize the Mayor and City Attorney to execute the
necessary documents.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF TREE INSPECTOR'S DECISION REGARDING TREE REMOVALS
CAPISTRANO VILLAS NO. 3 410.90/130.70
Citing a conflict of interest, Mayor Friess stepped down and Mayor pro tem Hausdorfer
presided.
This item was continued from the meeting of August 19, 1986.
Written Communications:
Report dated August 19, 1986, and resubmitted September 16, 1986, recommending
that the action of the Tree Inspector to deny the application to remove 84 trees in
the alley -ways throughout the development be upheld.
Mark Korvas, Assistant Planner, made an oral presentation, noting that upon
investigation, staff had recommended the removal and replacement of only 3 trees.
He noted that planting of the trees was an original condition of approval and had
been done to enhance the appearance of the development
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Public Input:
The following person addressed Council:
(1) Dave Golden, Secretary of the Board of Directors, 31652 Paseo Santa '
Clara, spoke in support of the appeal with the aid of photographs
depicting the hazards and damage caused by the trees. He advised that
trees planted at the end of breezeways had caused an accident for
which the Association had been held liable. He stated there were other
areas in the development where replacement trees could be planted.
Council Discussion:
Council cited opposition to a wholescale removal of the trees and noted the illegal
removal of 44 trees which had not been replaced. Councilman Buchheim
acknowledged hazards from trees planted in walkway areas, noting that some trees
would require removal. Councilman Bland suggested that the trees be dealt with on
an individual basis to determine the best course of action. Councilman Schwartze
suggested that benefits might be derived from a landscape maintenance district.
Councilman Hausdorfer suggested that the development might benefit from
additional maintenance improvements.
Denial of Appeal:
It was moved by Councilman Bland, seconded by Councilman Schwartze that the
following Resolution be adopted:
INSPECTOR'S
DECISION (CAPISTRANO VILLAS NO. 3) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING THE APPEAL OF THE
TREE INSPECTOR'S DECISION, A REQUEST TO REMOVE 81
TREES LOCATED IN THE COMMON ALLEYS OF THE
CAPISTRANO VILLAS NO. 3 DEVELOPMENT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
Review of Trees/Development Conditions:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to direct staff to work with the Homeowners' Association
regarding the tree removals and additional development conditions, and to prepare a
comprehensive report on the matter.
Mayor Friess resumed his duties.
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2.
Proposal
Consideration of an appeal of Condition No. 6 of Planning Commission Resolution
No. PC 85-1-15-2, which required solid stucco masonry walls. By letter of appeal
dated August 15, 1986, the appellant stated that landscape plans approved by the
City showed the finish of the perimeter wall to be "Fiber Tex -Cote Glass." The
letter further stated that the intent for the perimeter wall was to have vine planting
materials cover the wall to achieve a dense hedge appearance. On August 12, 1986,
the Planning Commission reconfirmed the City Council's July 14, 1984, action
approving the site plan with the required stucco masonry walls.
Appellant:
The William Lyon Company, 19 Corporate Plaza, P. O. Box 7520, Newport Beach,
92658-7520, Attention John Markley.
Written Communications:
1 Report dated September 16, 1986, from the Director of Community
Planning and Development, recommending denial of the appeal since the
wall appeared unfinished and there was no guarantee that the
landscaping would cover the wall in a lush manner.
(2) Memorandum dated September 15, 1986, from the Director of Public
Works, advising that the plans for the required traffic signal installation
at the I-5 off -ramp and Las Ramblas were in Caltrans' final design
checking phase. The memorandum also advised that the Lyons Company
was required to submit a $25,000 bond for participation in the
signalization of Via California and Camino Las Ramblas.
The City Planner made an oral presentation, citing the history of the project and
stating that the tex-cote finish did not meet the conditions of approval.
Public Input:
Dolf Keller, 33441 Via La Mirada, stated that the wall did not conform to the
photographic representations viewed during project approval; cited opposition to
granting of a variance; and, advised he had immediately notified the City of the
discrepancy in the wall finish.
Motion for Denial:
It was moved by Councilman Buchheim and seconded by Councilman Bland to deny
the appeal. The motion subsequently failed with Councilmen Schwartze, Bland,
Buchheim, and Hausdorfer voting in the negative and Mayor Friess voting in the
positive.
John Markley, Project Manager, stated that he had plans and specifications approved
by the City which called for tex-cote in addition to stucco. He stated he had
understood that the smooth stucco finish style was required on the buildings, not the
walls; that every wall not covered with plantings was a stucco finish. He discussed
the process through which he had obtained approval for a tex-cote finish and ivy
planting, stating that the Architectural Board of Review approval was consistent
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95
with all other approvals. He stated concerns with planting on a stucco wall and
problems created with removal, of the tex-cote finish. He advised that the William
Lyon Company would maintain, the wall and make it look like a hedge. The City
Planner advised that the ABR had requested an additional treatment•df the wall, not
a change in the condition of approval.
Councilman Bland stated that if the direction was to soften the appearance of the
wall, then it should be given a chance. Councilman Schwartze concurred that plants
would pull stucco off of a wall.
Motion to Temporarily Allow Wall/Plantings:
Councilman Buchheim moved that the wall and planting remain in its current
situation for 6 months; if the appearance is not satisfactory at that time, the tex-
cote and planting are to be removed and the wall finished with stucco. The motion
died for lack of a second.
Councilman Hausdorfer stated there was no clear evidence that there was deceit
since there was a reasonable doubt regarding the directions. Mayor Friess stated
concerns that the process had broken down in terms of communications with
neighboring residents who were led to believe the wall would have a stucco finish.
Motion for Denial:
Councilman Buchheim moved to deny the appeal. The motion died for lack of a
second.
Council discussed the possibility of allowing the current situation to remain for a
period of time to determine if,the appearance would be satisfactory, noting that
there appeared to have been misunderstandings on both sides. The City Manager
suggested that the item becontinuedin order.to work with the appellant and prepare
alternative recommendations regarding stucco and tex-cote finishes.
Item Tabled
It was moved by Councilman Bland, seconded by Councilman Schwartze and
unanimously carried to table the item to the meeting of October 7, 1986, to allow
staff time to provide additional information.
DIRECTOR OF PUBLIC WORKS
1. STREET LIGHT CONVERSION STUDY (820.65/420.30)
Written Communications:
1 Report dated September 16, 1986, from the Director of Public Works,
reviewing street lighting alternatives available to the City and setting
forth financial considerations involved in converting the City's street
lights to a high pressure sodium vapor light, which gives off a peach -
colored light. The report advised that the low pressure sodium vapor
lamps were the most efficient, but made objects appear to be yellow;
further the lamp would not fit into the City's existing Mission Bell
fixtures.
(2) Letters of opposition to the proposed conversion were received from the
following:
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No 2
Dale J. Kirstine, 31871 Paseo Monte Vista;
Fran Frost, 24232 Porto Bello, Laguna Niguel;
Mr. and Mrs. Gary Jenkins, 31291 Paseo Nogal;
Nona Aguirre, 25532 Spinnaker Drive; and,
Natalie Mitchell, 25562 Paseo de la Paz.
The Director of Public Works made an oral presentation, advising that there was a
50/50 mixture of City -owned and utility -owned street lights in the City. He advised
that in 1986 there had been a rate adjustment which increased the cost of mercury
vapor lighting, since San Diego Gas and Electric had begun to charge the two cities
in its jurisdiction which used mercury vapor lights for the cost of stockpiling
materials for repairs and maintenance. He further advised that San Diego Gas and
Electric would no longer provide maintenance on the City's street lights; that they
would convert their own lights at no cost to the City and would change the City's
lights at no cost if the lights then became the property of the utility. He discussed
the grant funds available from the California Energy Commission for street light
conversions.
Public Input:
The following persons addressed Council:
(1) Nancy Ferruzzo, Chairman of the Architectural Board of Review,
requested that the Board be allowed the opportunity to study the
proposed conversion and provide input on the issue.
(2) Carolyn Nash, 32906 Avenida Descanso, stated concerns that the item
had not been considered in the public hearing forum; stated a
preference for the Mercury Vapor lighting and suggested residents may
be willing to fund the increasing costs; and, suggested there were
additional options for maintenance of the lights. She advised of her
research which revealed that General Electric currently manufactured a
light which was close to white in color; that the technology was
available for white high pressure sodium vapor lights which would be
available for street lights within one to three years and a metal halide
would be available in any color. She suggested that a City investigation
be made of the white lights, stating they would be more appropriate to
San Juan Capistrano. She further suggested that all lights be converted
to Mission Bell fixtures and the cobra fixtures be removed. She
requested that a decision be postponed until the white lights were
available and advised that San Juan Beautiful also wished to comment
on the proposed conversion.
Council Discussion:
Council stated concerns regarding increasing costs for operating and maintaining the
mercury vapor street lights and discussed the incentives for changing the lamps to
the high pressure sodium vapor system. Council concurred that other lighting
options should be considered and the residents should have input on the issue. Mayor
Friess suggested that "test areas" be established and the Director of Public Works
stated that areas showing the various types of lighting could be identified.
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It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to refer the item to the Architectural Board of Review and the
Planning Commission for review and recommendation.
ORDINANCES
Written Communications:
Report dated September 16, 1986, from the City Clerk, advising that the Ordinance
was introduced at the meeting of September 2, 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
Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be
adopted:
58
THE
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OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 9-3.602 (G)(3XXVII) OF THE MUNICIPAL CODE
RELATING TO PARKING REQUIREMENTS FOR VEHICLE AND
EQUIPMENT RENTAL AND LEASING
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. APPOINTMENT TO BOARD OF TRUSTEES (SAN JUAN CAPISTRANO HISTORICAL
SOCIETY) (910.20
Written Communications:
Report dated September 16, 1986, from the City Manager, advising that the Board of
Directors of the San Juan Capistrano Historical Society recently voted to create a
Board of Trustees to provide long-range policy guidance and cultivate successful
relationships with actual and potential significant donors. The report advised that
the Historical Society had requested that the City Council designate one officer of
the City to serve as a member of the Board of Trustees.
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Appointment to Board of Trustees:
Councilman Schwartze nominated Councilman Buchheim. There being no further
nominations, nominations were closed and it was moved by Councilman Schwartze,
seconded by Councilman Hausdorfer and unanimously carried to appoint Councilman
Buchheim to serve as a Member of the Board of Trustees of the San Juan Capistrano
Historical Society.
COUNCIL REMARKS
1. GREAT WESTERN/PRICE CLUB ANNEXATION (620.20)
Councilman Hausdorfer expressed appreciation to the City Manager and staff
members for their participation in the successful annexation process for the
proposed Price Club property.
2. ECONOMIC DEVELOPMENT COMMISSION (470.20)
Councilman Hausdorfer advised that interviews for appointment to the Economic
Development Commission were scheduled for the week of September 29. He
requested assistance from either the City Manager or a Council Member.
3. CAPISTRANO BEACH SANITARY DISTRICT (1040.30)
Councilman Schwartze noted receipt of a letter dated September 11, 1986, from the
Capistrano Beach Sanitary District regarding the possibility of the City joining the
District in the use of a new wastewater facility. Councilman Schwartze suggested
discussion at a later date.
4. U.S. CONSTITUTION BICENTENNIAL CELEBRATION (150.60)
Councilman Schwartze suggested consideration be given to joining in the United
States Constitution Bicentennial Celebration.
5. SISTER CITIES (140.50)
Councilman Schwartze advised that the proposed trip to Goya, Argentina, had been
postponed until March 1, 1987.
6. WILLIAM LYON PROJECT SIGNALIZATION (420.40/600.30)
Councilman Bland received clarification regarding the obligations of the William
Lyon Company to provide signalization at the 1-5 off -ramp and the intersection of
Via California and Camino Las Ramblas.
7. BILLBOARDS (COACH HOUSE INN) (410.40)
Councilman Bland requested that the City Attorney research possible violations of
sign regulations with regard to the Coach House Inn bus advertising.
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8.
BEAR BRAND RANCH GRADING (420.40)
Councilman Bland noted grading on the ridgeline in the Bear Brand Ranch
development and requested investigation.
9. CAMINO CAPISTRANO TREES (410.90)
Mayor Friess noted that several sycamore trees on Camino Capistrano south of the
bridge had died. The Director of Public Works advised he was waiting to receive a
report on the problem.
10. TREE TRIMMING (410.90)
Mayor Friess noted severe tree trimming at the San Juan Tennis Club and was
advised that a report had been prepared.
11. VOLUNTEER COUNCIL OF ORANGE COUNTY (140.70)
Mayor Friess advised that the Volunteer Council of Orange County had requested
representation on their Advisory Council, and suggested that a community member
may wish to serve.
12. RENT CONTROL PETITIONS (430.70)
Mayor Friess expressed concern that mobilehome residents may misunderstand the
petition process.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:21
p.m., to the next regular meeting date of Tuesday, October 7, 1986, at 7:00 p.m., in the
City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
I 11,001M
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