85-0521_CC_Minutes_Regular Meeting1
MAY 21, 1985
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 Schwartze at
7:02 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Paul
Martin, Old Mission Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; 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; Cheryl
Johnson, Deputy City Clerk/Recording Secretary.
MINUTES
Regular Meeting of April 2, 1985:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of April 2,
1985, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Bland, Buchheim, and
Hausdorfer
NOES: None
ABSTAIN: Councilman Friess and Mayor Schwartze
ABSENT: None
Regular Meeting of May 7, 1985:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of May 7, 1985,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSTAIN: Councilman Bland
ABSENT: None
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MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that all Ordinances be read by title only. The
motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - PUBLIC WORKS WEEK,
MAY 19 - 25, 1985 (102.701)
Written Communications:
Report dated May 21, 1985, from the Director of Public
Works, forwarding a Proclamation acknowledging the role of
the Public Works Department in the safety, health, and
well-being of the community.
Mayor Schwartze acknowledged the dedication of the City's
Public Works staff and, with the consensus of Council,
proclaimed the week of May 19 - 25, 1985, as Public Works
Week.
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 Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated May 21, 1985, Warrant Register No.
85-112, in the total amount of $1,858,748.44, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1)
The City Treasurer's Report of Investments as of April 30,
1985, in the total amount of $8,680,000.00, was approved as
submitted.
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3. REPORT OF 1911 ACT BOND DELINQUENCIES (206.12)
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of April 30, 1985, was approved as
submitted.
REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4)
The Report dated May 21, 1985, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of May 13, 1985, was ordered received and filed.
5. CHANGE ORDERS NOS. 4, 5 AND 6 - EXTRA WORK, CITY HALL
REMODEL (MEANS AND ULRICH) (302.8)
As set forth in the report dated May 21, 1985, from the
Senior Administrative Assistant, the following Change Orders
in the total amount of $3,642, were approved: Change Order
No. 4, in the amount of $748, for repair of existing air
conditioning ductwork; Change Order No. 5, in the amount of
$1,794, for new cabinetry, flooring, and wall surfaces in
the coffee room; and, Change Order No. 6, in the amount of
$1,100, for repair of walls in three rooms which had unknown
conditions not included on the original plans. Seventeen
extra days were allowed for the changes; however, the
contractor agreed to hold the days in abeyance and not
extend the contract past May 27, unless necessary.
PUBLIC HEARINGS
DECISION - CONDITIONAL USE
LAB]
Proposal:
Appeal of the April 9, 1985, Planning Commission approval of
an application for Conditional Use Permit 85-1 for
enlargement of an existing equestrian facility known as
Sycamore Trails Stables. The expansion included a lot line
adjustment to include an additional 5.476 -acre parcel
directly south of the site; removal of the old western arena
and installation of a larger open arena; installation of 160
box stalls; installation of wash racks and hot walkers; and,
construction of a covered arena. The stable is located
south of Oso Road, adjacent to Trabuco Creek and Avenida de
la Vista. Surrounding uses include Trabuco Creek to the
west, stable facilities to the south, residential uses to
the east, and agricultural uses to the north. The area is
presently zoned GM (Growth Management). The Planning
Commission considered the matter on February 26, 1985, at
which time the item was continued to allow time for further
analysis of certain environmental issues and preparation of
an environmental impact report. The applicant appealed the
requirement to prepare an impact report; that appeal was
upheld at a public hearing held by Council on March 19,
1985.
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Appellant:
Capistrano Villas Homeowners Association No. 1, c/o Pacific
Coast Property Management Corporation, 28892 Marguerite
Parkway, Suite 210, Mission Viejo, 92692.
Property Owner:
Ronald B. Hanson, 26282 Oso Road, San Juan Capistrano.
Written Communications:
(1) Report dated May 21, 1985, from the Director of
Community Planning and Development, forwarding
background information and a recommendation to approve
Conditional Use Permit 85-1, subject to conditions.
(2) Letter dated May 7, 1985, from Joseph Homs, President
of Capistrano Villas Homeowners Association No. 1, c/o
Pacific Coast Property Management, 28892 Marguerite
Parkway, Suite 210, Mission Viejo, 92692, in opposition
to the proposed stable expansion, and forwarding a
petition containing approximately 142 signatures.
Letters dated May 21, 1985, were received in support of the
stable expansion from the following persons:
(1) Mrs. A. G. Bayman, 25995 Avenida Mariposa;
(2) Barbara A. MacAdam, Vice President and Manager, San
Juan Capistrano Branch of The Bank of America, 31902
Del Obispo Street, San Juan Capistrano;
(3) Michael Eggers, 25252 Yacht, Dana Point, 92629;
(4) Ron Hanson, owner of Sycamore Trails Stables, 26282 Oso
Road.
Exhibits were on display and Susan Tebo, Associate Planner,
made an oral report, outlining the proposed expansion and
discussing the major concerns and attendant mitigation
measures. She advised that another equestrian facility
located immediately south of Sycamore Trails will be
presented for the City's consideration at a future date.
She noted that an inventory of the area had been conducted
which showed approvals for 577 horses, with 445 horses
currently housed in the area; further, there were
applications for 241 more horses, resulting in an ultimate
potential for 818 horses. She noted that 17% of the persons
boarding horses at Sycamore Trails were residents of San
Juan Capistrano. Ms. Tebo discussed possible financial
impacts resulting from approval of the application. In
response to Councilman Bland, she advised that Mr. Hanson
had suggested that slag would be a feasible alternative to
the condition requiring paving of the access road from Oso
Road to the access drive along Avenida de la Vista, and had
placed slag on the roadway for staff review. She stated
staff's desire to retain the requirement for paving.
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Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and the following persons
responded in favor of the proposed stable expansion:
(1) Ron Hanson, 34032 Blue Lantern, Dana Point, owner of
Sycamore Trails Stables, cited the need for stable
capacity in the City and the ability of larger stables
to make improvements in operations.
(2) Jill Hanna, 30161 Branding Iron, Member of the
Equestrian Commission, cited the quality of the
operation and the management;
(3) Paul Larson, 31912 Avenida Evita;
(4) Fran Joswick, 3443 Alta Vista Drive, Fallbrook;
(5) Mark Rogers, 26488 Calle San Antonio;
(6) Carol MacPherson, 33775 Via de Agua;
(7) Alice King, 30684 Calle Chueca;
(8) Delores Odell, 127-B Avenida Florencia, San Clemente;
(9) Marty Brown, 30938 Avenida de la Vista;
(10) Dr. Kent Wright, veterinarian, cited the superior
health of horses boarded at the facility;
(11) Russ Armstrong, 28021 Paseo Moreno.
The following persons responded in opposition to the
proposed stable expansion:
(1) Joe Homs, President of Capistrano Villas Homeowners
Association No. 1;
(2) Pauline Alexander, 30852 Avenida de la Vista, cited
concerns regarding access on Avenida de la Vista;
(3) Carl Williams, 31092 Calle San Diego, cited concerns
with waste materials;
(4) Blanche Chestek, 26438 Paseo Carmel;
(5) Ben Michalec, 26376 Oso Road, cited concern with
housing values.
Mr. Hanson responded to concerns expressed regarding waste
materials.
There being no further response, Mayor Schwartze closed the
Hearing with the right to re -open at any time.
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L•J
Council Discussion:
Councilman Buchheim cited support for the operation and
management of the stable, but stated opposition to the
proposed expansion due to the ultimate number of horses that
could be allowed into the area and potential flood dangers,
further noting a proposal for stable facilities on the
Lacouague property. Councilman Friess cited the potential
for loss of stables along San Juan Creek Road due to
improvements on the Lacouague property and loss of public
stables to private uses; and, stated the need to address
perceived problems for non -equestrian residents in terms of
management, enforcement and mitigation, and possible fees to
accommodate equestrian uses. Councilman Bland cited
concerns regarding traffic in the area. Councilman
Hausdorfer noted that the City's General Plan encourages
equestrian uses and stated a need to review that premise.
Citing Mr. Hanson's performance, he stated support for the
expansion.
Approval of Conditional Use Permit 85-1:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the Resolution approving Conditional
Use Permit 85-1 be approved with an amendment to require
limiting access to Avenida de la Vista to emergency
ingress/egress. In response to Councilman Bland and with
the concurrence of the second, the motion was amended to
further include a requirement that all conditions be in
place before allowing additional horses on the property.
ON NO. 85-5-21-1, APPROVING CONDIT
USE PERMIT 85-1 (SYCAMORE TRAILS STABLE/nANbUN) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 85-1, AUTHORIZING EXPANSION OF AN EXISTING
EQUESTRIAN STABLE FACILITY AT 26282 OSO ROAD
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: Councilman Buchheim
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:50 p.m., and reconvened at 8:59 p.m.
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ORDINANCES
1. AMENDMENT TO TIMES MIRROR FRANCHISE ORDINANCE NO. 528
Written Communications:
Report dated May 21, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of May 7,
1985, 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 Buchheim, that the
following Ordinance be adopted:
CALIFORNIA, AMENDING ORDINANCE NO. 528 RELATING TO THE
NON-EXCLUSIVE FRANCHISE OF TIMES MIRROR CABLE
TELEVISION AND REPEALING ORDINANCES NOS 333 AND 390
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSTAIN: Councilman Bland
ABSENT: None
2. APPROVAL OF REZONE 85-1 (ADOPTION) (318.5)
Written Communications:
Report dated May 21, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of April 2,
1985, and was scheduled for adoption pending the return of
Councilman Bland.
Adoption oOrdinance:
The City Atf torney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Bland that the following
Ordinance be adopted:
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ORDINANCE NO. 540, REZONE 85-1 AGUACATE/SACARAMA AREA
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY
ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S
PARCEL NOS. 121-070-58, 121-070-59, 121-070-60, AND
121-070-61 FROM GM (GROWTH MANAGEMENT) TO EL(5) (LARGE
ESTATE, MINIMUM LOT SIZE 5 ACRES)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim, and
Hausdorfer
NOES: None
ABSTAIN: Councilman Friess and Mayor Schwartze
ABSENT: None
3. AMENDMENT TO TITLE
FOR MINOR EXPANSION
'RECISE PLAN) DISTRP
Written Communications:
Report dated May 21, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of April 2,
1985, and was scheduled for adoption pending the return of
Councilman Bland.
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 Hausdorfer, that the following
Ordinance be adopted:
NO. 541
OF THE
MUNICIPAL CODE - PRECISE PLAN NONCUNYORMINU USES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 3, TITLE 9, OF THE
MUNICIPAL CODE REGARDING NONCONFORMING USES IN THE
SPECIAL (PRECISE PLAN) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim, and
Hausdorfer
NOES: None
ABSTAIN: Councilman Friess and Mayor Schwartze
ABSENT: None
5/21/85
41
4. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE -
REGULATIONS RE 72 -HOUR PARKING AND COMMERCIA
Written Communications:
Report dated May 21, 1985, from the Director of Public
Works, forwarding an Ordinance to tighten regulations
regarding violations of the 72 -hour parking limit on City
streets and the parking of commercial vehicles weighing over
10,000 pounds in residential areas unless there is a
specific, justifiable reason. The Ordinance would further
amend Section 4-6.309 of the Code to correct a reference to
the California Vehicle Code.
Larry Culbertson, 32882 Avenida del Rosal, past President of
Harbor Lane Homeowners Association, spoke in support of the
proposed Ordinance.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Buchheim, that the
following Ordinance be introduced:
MUNICIPAL CODE - PARKING REGULATIONS - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ARTICLE 4, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE - PARKING REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
The Ordinance will provide for the removal of parked
vehicles after 72 hours; prohibit the parking or standing of
commercial vehicles exceeding 10,000 pounds in residential
areas; and, correct the California Vehicle Code reference in
Section 4-6.309.
5. AMENDMENT TO
.13
Written Communications:
Report dated May 21, 1985, from the City Attorney,
forwarding proposed amendments to the City's Mobile Home
Ordinance, pursuant to Council direction of February 5,
1985. The amendments would implement the following
suggestions of Council and the ad hoc committee:
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10
(1) Statute of Limitations - to provide that a rent
increase hearing shall be held only if the petition is
filed 30 days following the effective date of the rent
increase;
(2) Financial Data - to authorize the Hearing Officer to
require relevant books, records or papers;
(3) Fair Rate of Return - to make clear that a number of
relevant factors, including a fair rate of return on
property, are to be taken into account in gauging
whether a rent increase is fair and reasonable;
(4) Capital Upgrades - to add a Section to provide that a
park owner may not unilaterally increase rents based on
capital "upgrade" costs without approval of a majority
of coach owners and, to define capital improvements;
(5) Lease Agreements - to provide for lease agreement
exemption from the operation of the Ordinance; and,
(6) Forms - to add a Section to provide that forms are to
be completed by the park owner and petitioner at the
beginning of the process for the purpose of ultimately
expediting the process.
The report advised that the park owners' representative and
the Mobile Home Park Review Committee were in agreement with
the key wording of the changes; however, disagreement
remained on allowing an owner to increase rents without
restriction at the time of a space occupancy change.
Public Input:
(1) Mary Rose Winkler, 32802 Valle Road, Space 111, spoke
in support of the proposed amendments, suggesting
several word changes and additions, including
substituting the word "resident" for "tenant"
throughout; and, requiring the park owner to notify
residents by first class mail of the cost, nature and
billing method for capital improvement upgrades. She
stated concerns regarding the definition of capital
improvements and governmentally -mandated costs, stating
the wish to be protected against expenditures caused by
neglect; and, cited opposition to allowing rent
increases upon change of ownership.
(2) Ed Dailey, 32371 Alipaz Street, Space 89, Associate
Director of the Golden State Mobilehome Owners League,
cited the League's support of the City's position
regarding Assembly Bill 843, discussing the bill and
the League's opposition. In addition, he noted the
status of the management at Rancho Alipaz Mobilehome
Park.
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5/21/85
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The City Attorney concurred with substituting the word
"resident" for "tenant" and suggested that no action be
taken to amend the Ordinance with regard to rent increases
upon ownership change prior to the outcome of pending
legislation. He further concurred with the requirement to
mail capital improvement upgrade notices by first class
mail, Section 1, No. 4(h)l(i), and additional wording in
Section 1 No. 4(h)2, paragraph 1, to delete "requirements of
the City" and insert ". . such as but not limited to, City
Building Codes, Health and Safety Codes, State, Federal and
Fire Codes, . . ." Mayor Schwartze and Councilman Friess
stated concurrence with the recommendations; Councilman
Friess advised that voting on capital improvement upgrades
would be limited to one vote per space. He discussed the
committee's intent with regard to capital improvement
upgrades and rent increases upon space ownership changes.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Friess,
seconded by Councilman Buchheim, that the following
Ordinance be introduced as amended:
ORDINANCE NO. 543, ADDING TO AND AMENDING CERTAIN
PROVISIONS OF SECTION 2-2.905 OF THE MUNICIPAL
CODE (MOBILE HOME PARK RENT REGULATIONS) - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING
TO AND AMENDING CERTAIN PROVISIONS OF SECTION 2-2.905
OF THE MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT
REGULATIONS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
RESOLUTIONS
1. ESTABLISHING APPROPRIATION LIMITS - 1985-86 FISCAL YEAR
(205.84)
Written Communications:
Report dated May 21, 1985, from the Director of
Administrative Services, forwarding a Resolution
establishing the 1985-86 appropriation limitation of
$14,503,614.00, pursuant to Article 13B of the California
State Constitution.
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12
Establishment of Appropriation Limits:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
RESOLUTION
-2. ESTABLISHING
L1MITb - 1`16n-tlb r'lbl:AL lr—km — h 1[O.7 V1aU11 Vav VE a. as as viii
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING APPROPRIATION LIMITS FOR 1985-86 FISCAL
PERIOD
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF AGREEMENT FOR CONSULTING SERVICES, SAN JUAN
r PVVV QPF.r TVTf PT.AN - HVDRnT.nCV/HYDRAULICS STUDY (406.606
Written Communications:
Report dated May 21, 1985, from the Director of Public
Works, recommending approval of an agreement with Simons, Li
and Associates for the technical review required in the San
Juan Creek Specific Plan, which would consist of the
hydrologic and hydraulic analysis and aggredation,
degradation, and local scour analysis. The limits of the
study are the San Diego Freeway upstream to the City
boundary. Compensation was proposed at $45,000; funds in
the amount of $50,000 were budgeted.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve the
agreement with Simons, Li and Associates, of Newport Beach,
in the amount of $45,000, for Consulting Services, San Juan
Creek Specific Plan, Hydrology/Hydraulics Study. The Mayor
and City Clerk were authorized to execute the document on
behalf of the City.
2. AWARD OF CONTRACT, CITY LANDSCAPE MAINTENANCE - PARKS
.415/.416/.460 AND .
Written Communications:
Report dated May 21, 1985, from the Director of Public
Works, forwarding results of bids received for maintenance
of City landscaping.
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Award of Contracts:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to accept the bids as
submitted and to award 2 -year contracts as follows:
Parks - J & R Landscape, of Pomona, in the amount of
$74,400;
Parkways - Midori Gardens, of Santa Ana, in the amount
of $41,166;
City Facilities - J&R Landscape, in the amount of
$10,200; and,
Landscape Districts - Yoshimura & Johnson, of San Juan
Capistrano, in the amount of $30,412.
All other bids were rejected. The Mayor and City Clerk were
authorized to execute the contracts on behalf of the City.
3. APPROVAL OF PLANS AND SPECIFICATIONS - CITY YARD MOTOR
VEHICLE FUEL STORAGE TANKS (C302.9)
Written Communications:
Report dated May 21, 1985, from the Director of Public
Works, requesting approval of plans for the installation of
motor vehicle fuel storage tanks and pumps in the City Yard.
Funds were budgeted in the 1984-85 budget, Account
06-4715-530; the Engineer's estimate was $45,000.
Approval of Plans/Call for Bids:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the plans and
specifications for the City Yard installation of motor
vehicle fuel storage tanks and pumps and authorize a call
for bids.
RECESS AND RECONVENE
Council recessed at 9:36 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:40 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CONSENTING TO JOINT PUBLIC HEARING WITH COMMUNI
Written Communications:
Report dated May 21, 1985, from the Director of Community
Planning and Development, advising that pursuant to
California Community Redevelopment Law, the Council was
required to conduct a joint public hearing with the
Community Redevelopment Agency regarding Redevelopment Plan
amendments under consideration. The report forwarded a
Resolution consenting to a joint public hearing on July 2,
1985, at 7:30 p.m.
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14
Consenting to Joint Hearing:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
85-5-21-3. CONSENT
OF THE CITY OF S
CONSENTING TO AND
PROPOSED AMENDMEN
Y4gew;1
T
- A RESOLUTION OF THE CITY COUNCIL
AN JUAN CAPISTRANO, CALIFORNIA,
CALLING A JOINT PUBLIC HEARING ON A
TO THE REDEVELOPMENT PLAN
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
The City Clerk was directed to publish a notice of the joint
public hearing as required by law.
2. STATUS REPORT - SAN CLEMENTE SPHERE OF
INFLUENCE/LAFCO (401.11)
Written Communications:
Report dated May 21, 1985, from the City Manager, advising
that on June 5, 1985, LAFCO will review and possibly amend
the sphere of influence of the City of San Clemente in the
unincorporated Capistrano Beach area. The report noted that
the City has had a non-aggressive annexation policy; due to
recent circumstances, the City had been approached by
concerned residents of Capistrano Beach regarding possible
annexation. The report forwarded a Resolution supporting the
removal of San Clemente's Sphere of Influence over
Capistrano Beach and encouraging LAFCO to take a stronger
role in determining appropriate community spheres of
influence within the uninhabited, undeveloped, areas of
South Orange County.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 85-5-21-4, SUPPORTING REMOVAL OF SPHERE
BEACH COMMUNITY - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING
THE REMOVAL OF THE SPHERE OF INFLUENCE OF THE CITY OF
SAN CLEMENTE OVER THE CAPISTRANO BEACH COMMUNITY AND
ENCOURAGING LAFCO TO PLAY AN AGGRESSIVE ROLE AND TO
UNDERTAKE COMPREHENSIVE STUDIES TO DETERMINE PROPER
SPHERES OF INFLUENCE FOR CITIES WITHIN THE UNINHABITED
AREAS OF SOUTH ORANGE COUNTY
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5/21/85
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The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
Staff was directed to forward the resolution to the Local
Agency Formation Commission of Orange County, accompanied by
a letter prepared for the Mayor's signature.
3. SAN JOAQUIN HILLS AND FOOTHILL EASTERN TRANSPORTATION
CORRIDORS JOINT POWERS AGREEMENTS (801.7/406)
Written Communications:
Report dated May 21, 1985, from the City Manager, advising
that on February 5th, the City Council approved a Memorandum
of Undersanding regarding the San Joaquin Hills
Transportation Corridor; that the Joint Powers Agreements
were essentially complete, but the fee program was still
under discussion. The report recommended that the City also
consider participation in the Foothill Eastern Corridor, and
forwarded draft joint powers agreements for both Corridors.
The report further set forth the major provisions of the
agreements.
Consideration Scheduled for June 4:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to receive the current
drafts of the respective Joint Powers Agreements for the
Foothill Eastern and San Joaquin Transportation Corridors
and to schedule consideration of the agreements for the
meeting of June 4, 1985.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING COMMISSION DECISION - ARCHITECTURAL
CONTROL 84-13 (DEVENCO/SAN JUAN RENT -IT SERVICE ALLEN)
This item was continued from the meeting of May 7, 1985.
Written Communications:
(1) Report resubmitted May 21, 1985, from the Director of
Community Planning and Development, advising that the
Architectural Control application proposed to modify an
existing rental equipment yard, including removal of
two existing on-site buildings and construction of a
1,440 -square -foot office building and a
1,440 -square -foot service and repair building. The
applicant appealed the Planning Commission action
requiring concrete masonry walls at the front and rear
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property lines; requesting that the fence at the front
property line remain as it is and the fence at the rear
property line be a ten -foot slatted chain link fence on
a masonry wall. The Planning Commission and
Architectural Board of Review required the front fence
to shield the heavy equipment from equestrian, jogging,
and bike traffic along Trabuco Creek, and the rear fence
to solidly screen heavy equipment repair activity
taking place at the rear of the property which would be
highly visible for Amtrak passengers.
(2) Letter dated May 17, 1985, from David L. Staffiert,
DevEnCo, P. O. Box 2158, Capistrano Beach, 92624,
setting forth reasons the walls were not justified and,
forwarding photographs of facilities owned and operated
by Hawthorne Rent -It Service, the owner of San Juan
Rent -It Service.
Susan Tebo, Associate Planner, made an oral report, noting
the reasons for the requirement to install the walls.
Tom Hawthorne, 1250 Idaho Street, Escondido, owner/operator,
spoke in support of the appeal, noting the proposed
modifications to the existing facility and stating that
installation of the wall would be an impediment to business.
in Rear/Block and Open Fence in Front:
Following Council discussion, it was moved by Counciiman
Friess, seconded by Councilman Hausdorfer, to permit the use
of chain link fencing in the rear to match the property to
the north; and, to develop a masonry/chain link combination
in front to permit a degree of visibility of equipment and
to tie in with the architectural style of the wall to the
north. In response to Councilman Bland, and with the
concurrence of the second, the motion was clarified to
permit the front fencing to be a combination masonry and
open fencing to meet the security needs of the applicant,
the final plan to be approved by the Director of Community
Planning and Development. The motion carried unanimously.
2. INITIATION OF GENERAL PLAN AMENDMENT 85-2 (BROWN) (314.15)
Proposal:
Consideration of a petition to amend the present General
Plan designation of 5.0 Public and Institutional Uses to 5.0
Public and Institutional Uses with removal of restrictions,
incorporated as a part of General Plan Amendment 80-3,
limiting the type of office use to be specifically
restricted to public -oriented organizations or services.
The property is located on the north side of San Juan Creek
Road immediately east of Interstate 5. Surrounding
designated land uses include public institutional and
private recreation to the east, interstate 5 to the west,
San Juan Creek to the north, and hotel/conference center to
the south.
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3.
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Applicant/Property Owner:
MEB Development Corporation, P. 0. Box 1146, San Juan
Capistrano, 92693, Attention Michael Brown.
Written Communications:
Report dated May 21, 1985, from the Director of Community
Planning and.Development, forwarding background information
and recommending denial of the petition due to the finding
that the premise in previously modifying the General Plan
was to slightly expand the number of uses permitted without
allowing the commercialization of the area east of the
freeway; and, concern over the amount of office space
available, zoned, and planned.
Denial of Petition Request:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to deny the
Petition request. Mayor Schwartze stated that Council may
wish to modify the General Plan for the entire area at some
time in the future.
Written Communications:
Report dated May 21, 1985, from the Director of Community
Planning and Development, advising that the subject of
prohibiting the sale of "off -premises" alcoholic beverages
at gas stations had recently been discussed by City staff
and citizen groups. Staff reviewed the subject and found
that a zoning study would be necessary to review the existing
land use regulations regarding general retail sales at
automobile service stations or convenience stores. The
report recommended initiation of a Code Amendment to address
the issue.
Initiation of Amendment:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried to initiate an amendment
to the Municipal Code regarding retail sales at automobile
service stations and to refer the amendment to the Planning
Commission for review and recommendation.
DIRECTOR OF PUBLIC WORKS
1. TREE PRESERVATION CONSIDERATIONS - DEL OBISPO STREET/CAMINO
DEL AVION TRAFFIC SAFETY PROJECT (913)
Written Communications:
Report dated May 21, 1985, from the Director of Public
Works, submitted pursuant to Council direction of April 2,
1985, to review the issue of preserving trees along the east
side of Del Obispo Street/Camino del Avion Traffic Safety
Project. The report advised that of the existing row of
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fifteen Blue Gum Eucalyptus trees, six were dead and in need
of removal, two were clearly on private property, and seven
straddled the existing right-of-way line. The report
advised that in light of current legal analysis, control
over the seven trees would not necessarily be clearly
conveyed to the City. The cost to construct a 135 -foot
retaining structure to support proposed street improvements _
while protecting the existing trees would cost approximately
$33,000 and would most likely not be eligible for AHFP
funding. The cost to construct a compacted fill slope was
estimated at $13,000. Landscaping of the slope could be
designed to provide a concept similar to the existing tree
row and provide an opportunity for improved maintenance.
The report recommended that a public hearing be set by the
City Tree Inspector for consideration of the removal of
trees.
Public Hearing by Tree Inspector:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to direct that the City Tree
Inspector set a public hearing for consideration of the
removal of the trees.
2. PROJECT COMMITTEE NO. 16 BUDGET (SERRA) (151.4)
Written Communications:
Report dated May 21, 1985, from the Director of Public
Works, advising that construction was scheduled to start in
late June on the Solids Handling and Odor Control facility
at the SERRA Treatment Plant. Originally grant funding was
anticipated in the amount of 75%; however, less was received
and additional local monies were required. The total
project budget was $5,695,000, of which San Juan
Capistrano's proportionate share was $1,323,518; 558 of that
amount would be handled through grant funding. The report
recommended approval of the expenditure of $727,934 to be
allocated from the Sewer Enterprise Fund and a budget
amendment of $380,000 to accommodate the project.
Approval of Project Committee No. 16 Budget:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the budget for
SERRA Project Committee No. 16 - Solids Handling and Odor
Control, and to authorize City's participation in the amount
of $727,934 from the Sewer Enterprise Fund. A budget
amendment of $380,000 was authorized to accommodate the
project.
DIRECTOR OF COMMUNITY SERVICES
1. BIKEWAY TRAILS PROGRESS REPORT (704.2)
Written Communications:
Report dated May 21, 1985, from the Director of Community
Services, setting forth actions that were taken pursuant to
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concerns expressed by James Thorpe at the Council meeting of
November 6, 1984. Areas of action included general
maintenance; painting; signage; additional contract
improvements; items listed for budget consideration; and,
additional recommendations.
The Director of Community Services made an oral report and,
with the consensus of Council, Mayor Schwartze ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4)
The Report dated May 21, 1985, from the Director of
Community Planning and Development, advising of actions
taken by the Planning Commission at their meeting of May 14,
1985, was ordered received and filed.
COUNCIL REMARKS
1. REVIEW OF EQUESTRIAN FACILITIES ( 705.7)
Councilman Hausdorfer requested that with the aid of an ad
hoc committee, a review of equestrian facilities and
management be initiated. There was a consensus of Council
to direct staff to prepare an outline for proceeding with
the review for consideration at the meeting of June 4, 1985.
Councilmen Friess and Buchheim were appointed to serve on
the ad hoc committee.
2. CITY HALL REMODEL (302.8
Councilman Buchheim suggested that consideration be given to
acknowledging employees for working under adverse conditions
during the remodel.
3. STREET SWEEPING (912.13)
Councilman Friess was advised that staff had been working
with the Capistrano Villas Homeowners Associations regarding
street sweeping and will report at a future date.
4. VILLAGE SAN JUAN ELECTRIC RATES (1002.1)
In response to concern expressed by residents in Village San
Juan, there was a consensus of Council that a letter be
forwarded to San Diego Gas and Electric Company and the
Public Utilities Commission.
5. REPORT ON TRIP TO NEW ZEALAND (104.5)
Councilman Bland reported on his recent trip to New Zealand.
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6. WEED ABATEMENT (610.1)
Councilman Bland was advised that the Weed Abatement program
was on schedule.
7. 1985 MISS SAN JUAN (105.4)
Mayor Schwartze extended congratulations to Allison Gyves
upon winning the 1985 Miss San Juan competition and advised
that a letter of appreciation will be forwarded to Christa
Forster, the out -going Miss San Juan.
8. SAN JUAN CAPISTRANO NIGHT AT ANGEL STADIUM (115.2)
Mayor Schwartze advised that the annual San Juan Capistrano
night at Angel Stadium had been scheduled for June 26, 1985.
9. LEAGUE OF CALIFORNIA CITIES (106.15)
Mayor Schwartze advised that appointment of a representative
to the Orange County Transportation Commission had been held
over to the June meeting; that he would continue to support
the incumbent.
COUNCIL ACTIONS
1. ACCEPTANCE
ION - ARCH
OF REVIEW
Written Communications:
Report dated May 21, 1985, from the Senior Administrative
Assistant, forwarding the letter of resignation dated
April 29, 1985, from Fotis Triandafillias, Architectural
Board of Review Member.
of
Declaration of
it was movea Dy uouncllman naubuc Li r ux
Councilman Bland, and unanimously carried to accept the
resignation of Fotis Triandafillias; to declare a vacancy on
the Architectural Board of Review effective immediately;
and, to direct staff to prepare and post public notices to
solicit applications. A letter of appreciation is to be
prepared for the Mayor's signature.
CLOSED SESSION
Council recessed to a Closed Session at 10:40 p.m., for
discussion pending litigation pursuant to Government Code Section
54956.9(b)(1), the Deputy City Clerk being excused therefrom, and
reconvened at 11:29 p.m.
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ADDITIONAL AGENDA ITEM
PRESERVATION OF PEPPER TREE (LAS HADAS) (913.1/316.3)
This was an additional Agenda Item; it was not considered as
a result of the Closed Session.
Written Communications
Additional Report dated May 21, 1985, from the Director of
Community Planning and Development, advising that when
Architectural Control 83-4 was approved, a requirement was
included for the preservation of the pepper tree at the
corner of Los Rios Street and Del Obispo Street. The report
advised that due to confusion, grading activity had already
severly damaged the tree. The report recommended
modification of the preservation condition pursuant to Code
Section 9-2.308, to allow removal of the tree if necessary;
construction can proceed under the supervision of a
qualified arborist.
Modification of Condition:
It was moved by Councilman Friess, seconded by Councilman
Bland, and unanimously carried to modify the requirement for
preservation of the tree to require replacement if, in the
judgment of the Director of Community Planning and
Development, it cannot be preserved due to construction
activity.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:30 p.m., to the next regular meeting date of
Tuesday, June 4, 1985, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
MARY ANN HANOOVEER,, CITY CLERK
By Chery nson, Deputy City
Clerk/Recording Secretary
ATTEST:
PHILLIP R. SCHWARTZE, MAYO
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