87-0915_CC_Minutes_Regular Meetinga
SEPTEMBER 15, 1987
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 Bland at 7:05 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Roger Boatman,
Community Christian Church.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
(arrived at 7:40 p.m.)
Gary L. Hausdorfer, 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;
Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker,
Director of Community Services; Cheryl Johnson, Recording Secretary.
DEDICATION OF MEETING TO MEMORY OF BRYAN SMILIE
With the consensus of Council, Mayor Bland dedicated the meeting to the memory of
Bryan Smilie who recently passed away. Mr. Smilie had been instrumental in the
establishment of the Friends of the Library. He had been an active participant in the
Meals -on -Wheels program and involved in various library services and community
organizations.
MINUTES
Regular Meeting of September 1, 1987:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of September 1, 1987, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
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AYES:
NOES:
ABSENT:
Councilmen Schwartze, Buchheim,
Hausdorfer, and Mayor Bland
None
Councilman Friess
PRESENTATIONS AND COMMENDATIONS
1.
2.
TING OCTOBER 4 -
Written Communications:
Report dated September 15, 1987, from the City Clerk, forwarding the Proclamation
of the annual event.
Receipt of Proclamation:
Mayor Bland read the Proclamation in full
proclaimed the week of October 4 - 10, 1987,
Battalion Chief Stan Matthews was present to
fire station will hold an Open House on October
TING
and with the consensus of Council,
as Fire Prevention Week in the City.
accept the Proclamation. The local
10th from 9:00 a.m., to 4:00 p.m.
Written Communications:
Report dated September 15, 1987, from the Senior Administrative Assistant,
advising that the City had been selected as a Bicentennial City for purposes of
celebrating the United States Constitution and listing scheduled events in the
community.
Receipt of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council,
proclaimed September 17, 1987, as Bicentennial of the United States Constitution
Day in the City.
ORAL COMMUNICATIONS
RENT PETITION LITIGATION (RICHARD HALL VS. CITY) (640.30)
Ed Dailey, 32371 Alipaz Street, Space 89, advised that he was serving as Alternate
Director for the Golden State Mobile Home Owners League. He congratulated the
City Attorney for the favorable ruling received in the litigation involving the
Capistrano Terrace Mobile Home Park.
2. COMMUNITY SERVICES DEPARTMENT MAGAZINE (960.10)
Gil Jones, 31791 Los Rios Street, expressed appreciation to the Community Services
Department for the cover on the Fall, 1987, magazine. The cover depicts Mr. Jones
and his horses and wagon carrying tourists on a hayride.
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CONSENT CALENDAR
It was moved by Councilman Schwartze, 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, Buchheim
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated August 27, 1987, Warrant Nos. 4,148-4,300, in the total
amount of $549,938.02, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of August 31, 1987, in the total
amount of $13,714,506.95, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60)
The City Treasurer's Report of 1911 Act Bond Delinquencies as of August 31, 1987,
in the total amount of $32.00, was approved as submitted.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated September 15, 1987, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of August 25, 1987,
was ordered received and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated September 15, 1987, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of September 8, 1987, was
ordered received and filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated September 15, 1987, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of August 12
and 26, 1987, was ordered received and filed.
7. AWARD OF CONTRACT -
As set forth in the report dated September 15, 1987, from the Director of Public
Works, the contract for the asphalt concrete overlay of Ganado Road, Galano Way
and Oro Place was awarded to Sully -Miller Contracting Company of Orange, in the
amount of $38,203.
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8. SET HEARING DATE - APPEAL OF ZONE VARIANCE 87-12 (McGRAW) (460.60)
As set forth in the report dated September 15, 1987, from the Director of
Community Planning and Development, a hearing was scheduled for the meeting of
September 29, 1987, to consider the appeal of the Zoning Administrator's conditional
approval of Zone Variance 87-12 (McGraw).
RECESS AND RECONVENE
Council recessed at 7:20 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:23 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. ADOPTION OF REVISED COMMISSIONER HANDBOOK (110.10)
Written Communications:
Report dated September 15, 1987, from the Assistant City Manager, advising that
the Commissioner Handbook was ready for adoption.
Adoption of Handbook:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried with Councilman Friess absent to adopt the revised
Commissioner Handbook as submitted and to support the development of an annual
Commissioner training program.
MOBILE HOME RENT PETITION HEARING COSTS (430.80)
Written Communications:
Report dated September 15, 1987, from the Assistant City Manager, advising that
pursuant to Council direction, the Mobile Home Park Review Committee had
discussed methods to recoup some of the City's expenses for use of the Hearing
Officer Process and had unanimously adopted the following recommendation:
If a park owner notices a rent increase higher than is automatically
allowed, and if the residents file an appropriate protest petition, then
both the residents and the park owner shall deposit the sum of $500 with
the City. At the conclusion of the hearing officer process the hearing
officer shall have the discretion to make a finding that either the
residents or the park owner was the prevailing party, and then decide
that either the residents or the park owner shall pay the full $1,000 or
such part thereof, as the hearing officer shall decide to be fair and
reasonable.
The hearing officer's recommendation would then be forwarded to the
Mobile Home Park Review Committee and then the City Council, which
is the current process.
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The report advised that the Hearing Officer process had been used twice. The first
time cost $4,500; the second time cost $1,500. Funds in the amount of $5,000 are
budgeted annually.
The Assistant City Manager made an oral report. Councilman Hausdorfer requested
that costs for the process continue to be monitored.
Acceptance of Recommendation:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried with Councilman Friess absent, to accept the Mobile Home Park
Review Committee's recommendation to establish a $1,000 filing fee for the Hearing
Officer Process and to instruct the City Attorney to develop the appropriate
ordinance modifications.
3. CAPISTRANO UNIFIED SCHOOL DISTRICT -
COMMUNITY_ FACILITIES DI_STRICT BALLOT
Finding for Consideration of Off -Agenda Item:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried with Councilman Friess absent, to find that this item was not
available prior to publication of the Council agenda and consideration was necessary
at this time.
Councilman Friess arrived at 7:40 p.m.
The City Manager advised that the School District was considering use of a Mello -
Roos Community Facilities District in San Juan Capistrano and Mission Viejo to
finance school construction. He cited concerns regarding the required voter
approval and stated that that approach may not generate the necessary funds. He
advised that the City and the Community Redevelopment Agency may wish to use a
Mello -Roos District funding approach and cited concern that overlying Districts may
impact the City's ability to make infrastructure improvements. He advised that as
January 1st, the School District receives $1.50 per square foot of residential
development, which was estimated to generate approximately $6 million from the
City. He expressed a desire to meet with the School District to discuss methods by
which the City, Community Redevelopment Agency and School District might
accomplish mutual objectives without use of a ballot measure.
Councilman Friess stated that the overcrowding problem was a District -wide
problem and the burden of a Mello -Roos district should not be placed solely on the
City.
Authorization to Meet with School District:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to authorize the City Manager to meet with School District
representatives to discuss and present a funding proposal to the Board of Trustees,
subject to Council approval. The Board of Trustees has scheduled a public hearing
on September 21st, with a vote on the matter scheduled for October 5th.
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CITY ATTORNEY
1. SOILS WARRANTY PROGRAM (INTRODUCTION) (410.80)
Written Communications:
Report dated September 15, 1987, from the City Attorney, forwarding an ordinance _
which establishes parameters for the application of soils warranty programs to
hillside developments. The ordinance was designed to provide maximum flexibility
so the City may develop a soils warranty program unique to each development.
Approval of Soils Warrant Program:
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:
CALIFORNIA, AMENDING TITLE 8 OF THE MUNICIPAL CODE
BY ADDING CHAPTER 12 ENTITLED "SOILS WARRANTY
PROGRAM," TO TITLE 8 'BUILDING REGULATIONS"
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1.
Proposal:
Consideration of an appeal of the Architectural Board of Review action denying a
proposed modification to a sign program which would have allowed for a 50 -square -
foot wood sandblasted sign. The sign was in conformance with Municipal Code
regulations, but was inconsistent with the adopted sign program for the Capistrano
Industrial Park. _
Appellant:
Phillip Booker, Tronomed, Inc., 32941 Calle Perfecto, San Juan Capistrano.
Property Owner:
Lee Phelps, Capistrano Associates, 1 Brookhollow Drive, Santa Ana.
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Written Communications:
1) Report dated September 15, 1987, from the Director of Community
Planning and Development, forwarding background information and a
staff recommendation to reverse the Architectural Board of Review
decision.
(2) Letter dated September 14, 1987, from Nancy Ferruzzo, Member of the
Architectural Board of Review, noting that one exception had already
been granted to allow a wood sandblasted sign at the Park, and citing
the Board's stance on the issue.
Exhibits were on display and Dan Fox, Assistant Planner, made an oral
presentation. He advised that on September 10th a letter had been received from
the property owner indicating that the entire sign program would be revised to
incorporate wood sandblasted signs.
Lee Phelps, property owner, advised of his intent to modify the Capistrano Industrial
Park sign program to match existing signs. He stated support of the staff
recommendation to approve the appeal.
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and
unanimously carried to reverse the decision of the Architectural Board of Review
and approve the modification to the Architectural Control 84-9 sign program subject
to the following conditions:
(1) The subject modifications shall only apply to the building location and
sign specifically reviewed by the City Council.
(2) Only one sign shall be permitted for this building.
(3) The sign shall be lowered so that the top of the sign is the same vertical
height as the trellis facia beam.
2. APPEAL OF PLANNING COMMISSION ACTION -
3.
Written Communications:
Report dated September 15, 1987, from the Director of Community Planning and
Development, recommending continuance of the item due to complexities of the
issues.
Continuance of Appeal:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to continue the appeal to the meeting of September 29, 1987.
Written Communications:
Report dated September 15, 1987, from the Director of Community Planning and
Development, forwarding a Procedures Manual which outlines the steps for
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4.
marketing the Home Improvement Program policies, application procedures,
eligibility determination, property evaluation, loan documents, disbursement of
funds and monitoring of the program. The manual is designed for use in City-wide
programs and is not specifically for the Los Rios Home Improvement Program. The
report advised that the Home Improvement Program in the Los Rios area had been
modified to offer Deferred Payment Loans of up to $7,500 to landlords in the Los
Rios area. Grants of up to $5,000 may be offered to low- and moderate -income
owner/occupants in the Los Rios area; if the grant is not enough to cover the
necessary eligible repairs, the property owner may also be eligible for a Deferred
Payment Loan of up to $5,000. These funds may only be used to make eligible
repairs as defined by the Block Grant Program.
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to approve the Home Improvement Program Policy and
Procedures Manual for use in the City's Community Development Block Grant
Program.
Citing a conflict of interest, Councilman Buchheim left the Chamber.
Written Communications:
Report dated September 15, 1987, from the Director of Community Planning and
Development, forwarding a Surety Agreement for Grading, Landscaping, and On -Site
Improvements for Tract 12954, as required by City policy. The agreement addressed
particular areas of concern, including completion of the 18 -hole championship golf
course, permit issuance, quantity of earthwork, phases of construction, sequence of
operations, erosion control, access, and building construction.
The Director of Community Planning and Development made an oral report, noting
that the Surety Agreement provided for a bond in an amount sufficient to complete
the golf course and temporary operation and maintenance facilities, if necessary.
Robert Foresman, 26902 Paseo Cardero, cited concerns that he be afforded a
measure of protection from dust and damages. He stated that the surety bond did
not address the issue to the extent he had been led to expect. He stated he would be
agreeable to discussing the issue with the developer or staff.
Discussion ensued regarding the required dust control program and whether it was
appropriate to provide protection from dust and damages through the bond process.
The City Attorney stated that protection should be provided through the dust control
program rather than bonding. If damage occurred, the City's nuisance program could
be activated whereby the developer would be held responsible. Councilman
Hausdorfer stated that if damage occurred and satisfaction was not forthcoming, the
City had the right to stop the job.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried with Councilman Buchheim absent to approve the Surety
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Agreement for Grading, Landscaping, and On -Site Improvements (Including Golf
Course). The Mayor and City Clerk were authorized to execute the Agreement for
forwarding to the Orange County Recorder.
Dust Control Program:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
' unanimously carried with Councilman Buchheim absent to direct the Director of
Community Planning and Development to meet with Mr. Foresman and the developer
to develop an appropriate dust control program that will be acceptable to all parties.
DIRECTOR OF PUBLIC WORKS
1.
Written Communications:
Report dated September 15, 1987, from the Director of Public Works, advising that
the Final Map for Tract 12954 had been found to be in conformance with the
Subdivision Map Act and all conditions of approval which were to have been
implemented prior to approval of the Final Map were completed. The report set
forth staff recommendations regarding major issues that had been addressed during
development review, which included:
(1) Acceptance of Lot B, related easements and improvements in lieu of
the Park and Recreation fees;
(2) Acceptance without compensation of a site on the west side of Rancho
Viejo Road for public institutional purposes;
(3) Approval of a Reimbursement Agreement for construction of Rancho
Viejo Road improvements between the northerly tract boundary and
Junipero Serra Road;
(4) Deferral of payment of sewer hook-up fees to coincide with the
intended construction schedule, since the project is controlled by a
growth allocation schedule;
(5) Deferral of Agricultural Preservation fees until issuance of building
permits, since the project is controlled by a growth allocation schedule.
Approval of Agreements/Final Map:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried with Councilman Buchheim absent to approve the Subdivision
Improvement Agreement, the Reimbursement Agreement, and Final Tract Map
12954 with the following modifications:
(1) Acceptance of Lot B, related easements and improvements in lieu of
Park and Recreation fees;
(2) Waiver of the payment of Sewer and Agricultural Preservation Fees at
this time, subject to the payment schedule in the Subdivision
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Improvement Agreement, pursuant to the provisions of Section 9-2.317
of the Municipal Code.
The Mayor and City Clerk were authorized to execute the agreements on behalf of
the City for forwarding to the Orange County Recorder.
ORDINANCES
1.
Written Communications:
Report dated September 15, 1987, from the City Clerk, advising that the Ordinance
was introduced at the meeting of September 1, 1987, 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
Hausdorfer, seconded by Councilman Schwartze that the following Ordinance be
adopted:
EDITION
1r1r. U1V1r WALyl rinl: a..vu+. - u. +� •- �- •---- OF SAN SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTER 2, "FIRE PREVENTION," OF TITLE 4, "PUBLIC
SAFETY," RELATING TO THE ADOPTION OF THE 1985
EDITION OF THE UNIFORM FIRE CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Buchheim
Councilman Buchheim returned to the Chamber and resumed his duties.
2. ADOPTION OF
Written Communications:
Report dated September 15, 1987, from the City Clerk, advising that the Ordinance
was introduced at the meeting of September 1, 1987, 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
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Hausdorfer, seconded by Councilman Schwartze that the following Ordinance be
adopted:
LVA V 1Y 1l,.1lr( lW"J 1"(1RIV1 IVI(I "I \1-IVII L10 llll_.l - ( Ll
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.423 OF THE
MUNICIPAL CODE RELATING TO PERMITTED USES WITHIN
THE FARM MARKET (FM) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
COUNCIL REMARKS
1. SISTER CITIES RECEPTION (PETRA, MALLORCA) (140.50)
Councilman Schwartze expressed appreciation to staff and volunteers who worked on
the barbeque put on for visitors from Mallorca.
2. CAPISTRANO VALLEY TENNIS CLUB AND ACADEMY (410.10)
Councilman Friess requested information regarding the proposed project, noting that
the project had been advertised in the newspapers.
3. TREE PRESERVATION - LACOUAGUE PROPERTY (410.90)
Councilman Buchheim advised that Mr. Lacouague had reviewed language presented
to him regarding preservation and liability for the eucalyptus trees along San Juan
Creek Road and would be forwarding revised language for the City's review.
4. KINOSHITA FARM HOUSING (530.45)
Councilman Hausdorfer noted receipt of an Orange County Health Care Agency
housing inspection report for the Kinoshita Farms and requested a letter be
forwarded to the Agency interceding on Mr. Kinoshita's behalf.
5. NORTHWEST SECTOR PLANNING STUDY (440.70)
Councilman Hausdorfer stated exception to the contents of a letter dated
September 3, 1987, from Russell Burkett. He noted the need for technical expertise
in a variety of areas and suggested moving ahead with formation of the
Committee. Mayor Bland stated he would work with the City Manager to begin
formulating the task force.
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6. GLENDALE FEDERAL PROJECT (450.70)
Mayor Bland noted a meeting with homeowners in the Mesa Verde and Lomas Verde
areas regarding their concerns with on-going grading and building activities in the
new Glendale Federal project. He advised that staff was working on an action
program to control traffic on La Novia and to ensure that construction activity
conforms to City regulations.
7. VIA ESTELITA STUDY (820.20)
In response to Mayor Bland, the Director of Public Works advised homeowner
proposals would be forthcoming.
8. MICROPHONE SYSTEM (200.20)
Mayor Bland noted improvements in the functioning of the microphone system.
9. TOLL ROAD LEGISLATION - TRANSPORTATION CORRIDORS (800.50)
Finding Consideration of Off -Agenda Item Consideration of Off -Agenda Item:
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to find that this item was not available prior to publication of
the Council agenda and consideration was necessary at this time.
Councilman Hausdorfer noted recent legislation allowing for construction of a toll
road in Orange County and the need for Council to take a position on which
Transportation Corridor should be designated a toll road. He advised that the San
Joaquin Corridor had been designated State Highway 73 and would be eligible for
State assistance. He stated that the Foothill/Eastern Corridor provided more of a
regional linkage and should be designated as a toll road.
Designation of Toll Roadof Toll Road:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to support the Foothill/Eastern Transportation Corridor as the
designated toll road for Orange County.
CLOSED SESSION
Council recessed to a Closed Session at 8:55 p.m., for discussion of legal and personnel
matters, the City Clerk being excused therefrom, and reconvened at 9:50 p.m.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:50
p.m., to the next meeting date of Tuesday, September 29, 1987, at 7:00 p.m., in the City
Council Chamber.
Respectfully submitted,
A01 -
A Y ANON,OVER, CITY CLERK
ATTEST:
46� e�4
ANTHON .BLAND,MAYOR
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