85-0702_CC_Minutes_Regular Meeting-65
JULY 2, 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 pro tem
Hausdorfer at 7:03 p.m., in the City Council Chamber, followed by
the Pledge of Allegiance to the Flag. Invocation was given by
Pastor Michael Carlisle, Capistrano Valley Baptist Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: Phillip R. Schwartze, Mayor
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard,
Assistant City Manager; Mary Ann Hanover, City Clerk; John R.
Shaw, City Attorney; Robert G. Boone, Director of Administrative
Services; William D. Murphy, Director of Public Works; Thomas G.
Merrell, Director of Community Planning and Development; Thomas
Baker, Director of Community Services; Cheryl Johnson, Recording
Secretary.
INDEPENDENCE DAY - JULY 4. 1985
In consideration of the upcoming Independence Day and the recent
hostage crisis in Lebanon, Mayor pro tem Hausdorfer cited his
pride in the United States and read the words of Abraham Lincoln
regarding liberty.
MINUTES
Regular Meeting of June 18, 1984:
It was moved by Councilman Bland, seconded by Councilman Friess
that the Minutes of the Regular Meeting of June 18, 1984, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman Buchheim
that all Ordinances be read by title only. The motion carried by
the following vote:
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66'11
AYES:
NOES:
ABSENT:
Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
Mayor Schwartze
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION TO CAPTAIN VITO FERLAUTO (606.
Captain Vito Ferlauto, Orange County Sheriff's Department,
introduced Captain Steve Maloney, the new Commander of the
California Highway Patrol Station in San Juan Capistrano.
Captain Ferlauto then advised that he had been transferred
to headquarters to command the North Operations Division and
introduced Captain John "Rocky" Hewitt, who will take his
place as Commander of the South Operations Division. As an
expression of appreciation for his services to the City,
Mayor pro tem Hausdorfer presented a plaque to Captain
Ferlauto.
CONSENT CALENDAR
It was moved by Councilman Friess, 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,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
1. APPROVAL OF WARRANTS (202.2
The List of Demands dated July 2, 1985, Warrant Register No.
86-011, in the total amount of $259,721.15, was approved as
submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20)
The City Treasurer's Report of Fund Cash Balances as of _
May 31, 1985, in the total amount of $4,653.16, was approved
as submitted.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4)
The Report dated July 2, 1985, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of June 17, 1985, was ordered received and
filed.
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4. CLAIM AGAINST THE CITY (ANGELO) (402.121)
As set forth in the report dated July 2, 1985, from the City
Clerk, the Claim in the amount of $928.56, filed on June 7,
1985, by Joseph Angelo, for alleged damages to Mr. Angelo's
vehicle when he struck a bent sign on Pacific Coast Highway
and Street of the Blue Lantern, was denied.
5. WAIVER OF FEES AND RE -ISSUANCE OF EXPIRED BU
As set forth
Director of
authorized t
issuance of
Certificates
11095.
PUBLIC HEARINGS
1.
in the report dated July 2, 1985, from the
Community Planning and Development, staff was
o waive the building permit fees at the time of
new permits for the 30 houses which do not have
of Occupancy in Tracts 10103, 11093, 11094, and
APPEAL OF PLANNING COMMISSION DECISION - CONDITIONAL USE
Proposal:
Appeal of the May 14, 1985, Planning Commission denial of a
request for a zone variance and conditional use permit to
allow placement of a satellite dish antenna on the rooftop
of the San Juan Saloon, located at 26755 Verdugo Street.
The dish antenna is existing and was placed on the rooftop
in November, 1984, subsequent to an urgency ordinance
adopted on October 16, 1984, creating regulations governing
dish antennae and barring roof -mounted antennae. The
present zoning, CT (Tourist Commercial), D (Design) Overlay
District, allows placement of satellite dish antennae in
commercial districts subject to approval of a conditional
use permit. Surrounding uses include the multi -modal
parking area to the north, commercial to the east,
commercial and a brickyard to the south, and the Depot
Restaurant to the west.
Appellant:
Donale and Donna Albert, Donales San Juan Saloon, 26755
Verdugo Street.
Written Communications:
Report dated July 2, 1985, from the Director of Community
Planning and Development, advising that a zone variance must
be considered to allow placement of the antenna on the roof,
and a conditional use permit was necessary for installation
of a dish antenna in a commercial district. The report
forwarded background information and a recommendation to
uphold the Planning Commission decision.
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Me
Exhibits were on display and Susan Tebo, Associate Planner,
made an oral presentation, noting major areas of concern,
including the setting of a precedent if the use were
allowed. She further advised that TV antennae were allowed
in the area as a legal non -conforming use since cable was
not available.
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Hausdorfer opened the Public Hearing and the following
persons responded:
(1) Donna Albert, appellant, 26755 Verdugo Street, advised
that installation had started at the beginning of
October; only the dish itself was installed at the
beginning of November. She cited opposition to the
location from which the exhibited pictures were taken,
stating that the dish antenna was not highly visible.
She advised that reception from the previous antenna
was poor; that the dish antenna was necessary to
attract customers. She stated support for the
redevelopment proposal for the area, and when
redevelopment started hoped to refurbish the existing
porch, after which the dish antenna could be relocated
to the porch area. She reiterated concern with adverse
parking and environmental conditions in the area.
(2) James Provos, 26692 Calle la Bomba, San Juan
Capistrano, spoke in support of the appeal, advising
that the antenna did not project higher than the roofs
of adjacent buildings.
(3) Ken Meck, Managing Partner of the general partnership
which owns the building, spoke in support of the
appeal, advising that past tenants of the building have
also faced difficulties with parking and attracting
customers. He stated his opinion that dish antennae
were more aesthetically pleasing than TV antennae.
(4) Ken Swindguard, 33411 Shelton Way, Dana Point, spoke in
support of the appeal.
(5) Donale Albert, appellant, reiterated the necessity of
the dish antenna for survival of the business.
There being no further response, Mayor pro tem Hausdorfer
closed the Hearing with the right to re -open at any time.
Council Discussion:
Council concurred on the necessity for upholding established
guidelines and avoiding a precedent -setting situation.
Councilman Buchheim stated that the mandated findings could
not be made to support approval of the appeal. In response
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7/2/85
2.
69
to Councilman Friess, the Director of Administrative
Services advised that installation of TV cable services in
the area would probably require citizens to participate
financially; that Times Mirror Cablevision could be
consulted on the matter. Mayor pro tem Hausdorfer suggested
that staff review the area to determine if there is a
location when a dish antenna could be placed for use by
several businesses.
Negative Declaration:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to certify the Negative
Declaration.
Denial of Zone Variance 85-6:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to deny Zone Variance 85-6.
Denial of Conditional Use Permit and Zone Variance:
It was moved by Councilman Bland, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 85-7-2-1, DENYING CONDITIONAL USE
PERMIT 85-8 AND ZONE VARIANCE 85-6 - PLACEMENT OF
01Fi'1'r1LL1l'Z ulbn ANxrWNI-1 tp-uzziT) - H AmJVLu'llun ul
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DENYING CONDITIONAL USE PERMIT 85-8 AND
ZONE VARIANCE 85-6 REQUESTING TO PLACE A SATELLITE
DISH ANTENNA ON THE ROOF OF AN EXISTING COMMERCIAL
STRUCTURE IN THE TOURIST COMMERCIAL (CT) AND DESIGN
(D) STANDARDS DISTRICTS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
- UNITED STATES TRIATHLON SERIES
Proposal•
Approval of a parade permit to allow usage of various City
streets for a portion of the United States Triathlon Series
10 Kilometer Run on Sunday, August 4, 1985. Participants
will enter the City heading north on Del Obispo Street; turn
east at Camino del Avion; turn north on Alipaz Street to Del
Obispo Street, where the course turns right on the dirt
access road at Trabuco Creek. The access road becomes a
paved bikeway and the course continues southerly to Doheny
State Beach and the conclusion of the event.
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r.J
Ap lican�t:
Nick Curl, Operations Manager, Southern California United
States Triathlon Series, P. O. Box 886, Solana Beach, CA
92075.
Written Communications:
Report dated July 2, 1985, from the Director of Public _
Works, advising that on May 7, 1985, Council approved
issuance of a parade permit for the Triathlon Series Bicycle
Race scheduled to pass through the City; that the Triathlon
Series staff had requested use of various City streets for
the 10 Kilometer event. The report advised that the run
will not require street closures, but will require more
extensive placement of traffic control devices, additional
City personnel, and rental of additional traffic control
equipment. A cash deposit of $2,500 was recommended to
provide reimbursement of all City expenses incurred.
The Director of Public Works made an oral presentation. The
Assistant City Manager advised that the applicant was unable
to attend the meeting, but wished to forward his support of
the staff recommendation of approval.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Approval of Parade Permit:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to approve the parade permit
for the United States Triathlon Series 10 Kilometer run on
Sunday, August 4, 1985, subject to receipt of an additional
$2,500 cash deposit.
1. ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM REQUALIFICATION -
Written Communications:
Report dated July 2, 1985, from the Director of Public
Works, forwarding a resolution requesting annual
requalification for participation in the County's Arterial
Highway Financing Program. The report advised that the City
and County were working to mitigate minor discrepancies
regarding the designation of Camino Los Padres and the
Ortega Highway from La Novia Avenue to the easterly City
limits. The report advised that non -action could mean the
loss of funding for the Camino Capistrano bridge and the Del
Obispo Street/Camino Del Avion widening projects.
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71
Annual Requalification:
It was moved by Councilman Bland, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 85-7-2-2, ARTERIAL HIGHWAY FINANCING
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING ANNUAL
REQUALIFICATION FOR PARTICIPATION IN THE COUNTY'S
ARTERIAL HIGHWAY FINANCING PROGRAM
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
The City Clerk was directed to forward a certified copy of
the Resolution to the Orange County Environmental Management
Agency.
2. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 - TRACTS
Proposal:
Commencement of proceedings for the formation of Landscape
Maintenance District No. 1, which will consist of the
restoration, installation, and maintenance and operations of
irrigation systems and landscape improvements within the
Capistrano Royale tracts. The estimated annual assessment
for the proposed District was $150,000, or $1,260.50 per
residential lot. The assessments will be reflected on
property tax bills. A Public Hearing will be conducted on
August 6, 1985.
Written Communications:
(1) Report dated July 2, 1985, from the Director of Public
Works.
(2) Report entitled "Landscape Maintenance District No. 1,"
dated June, 1985, prepared by the Department of Public
Works and known as the Engineer's "Report".
Boundary Map:
Exhibits were on display and a general presentation of the
proposed boundary map showing the parcels and land to be
assessed was made by the Director of Public Works.
Adoption of Boundary Map:
It was moved by Councilman Buchheim, seconded by Councilman
Bland that the following Resolution be adopted:
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72.
RE6ULUTIUN NV. 0.)-
DnTTMnADTRC - T.AMTIC
L11
ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MAP
SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL
MAINTENANCE DISTRICT - LANDSCAPE MAINTENANCE DISTRICT _
NO. 1, TRACTS 10103, 11093, 11094 AND 11095 (CAPISTRANO
ROYALE)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
Initiation of Proceedings/Ordering Engineer's "Report":
It was moved by Councilman Buchheim, seconded by Council.
Bland that the following Resolution be adopted:
RESOLUTION NO. 85-7-2-4, INITIATING PROCEEDINGS AND
nDnRDTMC 11DRDnDFa - 7.A NnRCa DR MATWMRMAwrR nTRTRTCT
(CAPISTRANO ROYALE) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING PROCEEDINGS AND ORDERING THE PREPARATION OF
AN ENGINEER'S "REPORT" FOR CERTAIN MAINTENANCE DISTRICT
PROCEEDINGS - LANDSCAPE MAINTENANCE DISTRICT NO. 1,
TRACTS 10103, 11093, 11094, AND 11095 (CAPISTRANO
ROYALE)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
Agreement for Legal Services:
Pursuant to Section 6 of the Resolution, the letter _
agreement for legal services submitted by F. Mackenzie
Brown, Inc., was approved.
Presentation of Engineer's "Report":
The Engineer's Report was presented, consisting of: (1)
plans; (2) specifications; (3) cost estimate; (4) assessment
diagram; and, (5) assessment roll.
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73
Approval of "Report":
It was moved by Councilman Bland, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 85-7-2-5. APPROVING ENGINEER'S "REPORT"
-- -- z,
(CAPISTRANO ROYALE) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE ENGINEER'S "REPORT" FOR PROCEEDINGS FOR
THE FORMATION OF A MAINTENANCE DISTRICT - LANDSCAPE
MAINTENANCE DISTRICT NO. 1, TRACTS 10103, 11093, 11094
AND 11095 (CAPISTRANO ROYALE)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
Intent to Form District/Setting Public Hearing:
It was moved by Councilman Buchheim, seconded by Councilman
Bland that the following Resolution be adopted:
RESOLUTION NO. 85-7-2-6, DECLARING INTENT TO ORDER
FORMATION OF DISTRICT AND SETTING PUBLIC HEARING -
11U1.5, 11U74, ANL 11U77 i<VYALt:) - H
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO
ORDER THE FORMATION OF A MAINTENANCE DISTRICT AND TO
LEVY AND COLLECT ASSESSMENT, AND SETTING A TIME AND
PLACE FOR PUBLIC HEARING THEREON - LANDSCAPE
MAINTENANCE DISTRICT NO. 1, TRACTS 10103, 11093, 11094,
AND 11095 (CAPISTRANO ROYALE)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
The Resolution set a Public Hearing for the meeting of
August 6, 1985; the City Clerk was directed to publish a
copy of the Resolution in the Capistrano Valley News and to
mail a copy of the Resolution by first-class mail to all
affected property owners.
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74
3
RIGHT-OF-WAY
- FEDERALLY -
Written Communications:
Report dated July 2, 1985, from the Director of Public
Works, requesting adoption of a resolution designating the
Director of Public Works and/or the City Engineer as the
position with the authority to execute right-of-way
certification on behalf of the City. Adoption of the
resolution was a necessary step to insure Federal funding of
the Camino Capistrano Bridge project.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Bland that the following Resolution be adopted:
RESOLUTION NO. 85-7-2-7, DESIGNATING PERSONS
TU EAEUUTE X1UHT-Ur--WHY l-ZAlLX-Lt—H'IlU1VJ — h 2�.GJva,u iivav
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DESIGNATING PERSONS AUTHORIZED TO EXECUTE
RIGHT-OF-WAY CERTIFICATIONS
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
The positions
Engineer were
Certifications
City.
Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
None
Mayor Schwartze
of Director of Public
authorized to execute
for Federally -funded
BIDS, CONTRACTS, AGREEMENTS
1.
IFICATIONS AND
Works and/or City
right-of-way
projects within the
2
Written Communications:
Report dated July 2, 1985, from the Director of Public
Works, requesting approval of specifications for a Public
Works backhoe/loader (diesel) unit; that the replacement of
the present unit was included in the 1985-86 fiscal budget.
The replacement cost was estimated at $40,000; the current
unit will be used as a trade-in.
Approval of Specifications/Call for Bids:
It was moved by Councilman Bland, seconded by Councilman
Buchheim and unanimously carried to approve the
specifications and to authorize a call for bids for a Public
Works diesel backhoe/loader unit.
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7/2/85
RECESS AND RECONVENE
Council recessed at 8:09 p.m., to conduct the joint public
hearing of the City Council and the Community Redevelopment
Agency, and reconvened at 9:08 p.m. The City Clerk/Agency
Secretary called the roll, noting all Members present with the
exception of Mr. Schwartze.
JOINT PUBLIC HEARING - CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY
1. REDEVELOPMENT PLAN AMENDMENT 84-1 (152)
Citing a conflict of interest, Councilman Buchheim left the
proceedings.
Proposal:
Consideration of an amendment to the Redevelopment Plan,
which was initiated on August 21, 1984, to expand the
existing project boundary by including the following areas,
known as the "Added Area":
Area 1 - Trammel-Crow/Endevco/SAS/Honeyman/Williams:
This area consists of approximately 75 acres, of which
approximately 13 are currently developed. Public
improvements on Rancho Viejo Road between the northern City
limits and Junipero Serra would be undertaken with
assistance from the Redevelopment Agency.
Area 2 - Ortega:
This area consists of approximately 48 acres, of which
approximately 8 are currently developed. Public improvements
would provide a vehicular linkage between "Area A" and the
Ortega site, which are bisected by the I-5 freeway.
Area 3 - Lyon/Arosa:
This area consists of approximately 47 acres of undeveloped
land. Public improvements would consist of providing
assistance toward the improvement of Valle Road linking San
Juan Creek Road to Camino Las Ramblas. Development of the
Lyon site would provide for approximately 54 affordable
housing units.
Applicant:
City of San Juan Capistrano/San Juan Capistrano Community
Redevelopment Agency.
Written Communications:
(1) Report dated July 2, 1985, from the Director of
Community Planning and Development/Deputy Director,
forwarding a recommendation of approval from the
Planning Commission.
(2) Report by the Agency to the City Council, as submitted
May 21, 1985.
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(3) Notebook entitled "Redevelopment Plan Amendment 84-1",
and including an introduction, background information,
the preliminary report, Redevelopment Plan Amendment,
and Planning Commission recommendations (identified as
Exhibit 1).
(4) Environmental Impact Report Documentation, as follows:
(a) The San Juan Capistrano Central Redevelopment
Project;
(b) Ortega Highway Properties;
(c) Brinderson-William Lyon Company Apartment -Complex;
(d) Forster Canyon Planned Community;
(e) Swanner and Williams Property;
(f) Honeyman Ranch; and,
(g) San Juan Capistrano Convention Hotel Complex.
(5) Letter dated March 15, 1985, from William F. Dawson,
Assistant Superintendent, Facilities and Services,
Capistrano Unified School District, 32972 Calle
Perfecto, San Juan Capistrano, 92675, requesting that a
method of assuring the District that current
developers' fees or their equivalent be collected by
the Redevelopment Agency in the District's behalf and
made available for any capital outlay expenditures
necessary to provide services to potential students
(identified as Exhibit 2).
(6) Letter dated April 15, 1985, from Lynn April Hartline,
Assistant Superintendent, Administrative Services,
Orange County Department of Education, 200 Kalmus
Drive, P. 0. Box 9050, Costa Mesa, 92628, forwarding a
resolution indicating the wish of the Orange County
Board of Education to participate in redevelopment
efforts and to receive their allocation of taxes
(identified as Exhibit 2).
Exhibitson Dispy:
(1) Map showinla
Ig
original Redevelopment Plan boundary;
(2) Map showing the area to be added:
(3) Map showing proposed public improvements;
(4) Boundary map of Redevelopment Plan Amendment 84-1.
Introductory Comments:
The City Manager advised that the Central Redevelopment
Project was adopted on July 12, 1983; an amendment was _
approved on May 19, 1984, which made certain changes to the
Redevelopment Plan for the Central Project Area. The
proposed amendment would add certain territory to the
existing Project Area and include various additional public
improvements.
Mark Huebsch, Special Counsel, Stradling, Carlson, Yocca,
and Rauth, 660 Newport Center Drive, Newport Beach, noted
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7/2/85
77
that evidence would be introduced for consideration in
connection with certain findings and determinations to be
made with regard to the ordinance adopting the Redevelopment
Plan, as contained in Section 33367 of the Health and Safety
Code. The findings included:
(1) The Added Area meets the legal qualifications for a
blighted area;
(2) The Redevelopment Plan, as amended, would redevelop the
amended Project Area in conformity with the law;
(3) The adoption and carrying out of the Redevelopment
Plan, as amended, is economically sound and feasible;
(4) The Redevelopment Plan, as amended, conforms to the
General Plan of the community;
(5) The condemnation of real property is necessary to the
execution of the Redevelopment Plan, as amended, and
adequate provisions have been made for payment for
properties to be acquired as provided by law;
(6) The elimination of blight and the redevelopment of the
Project Area, as amended, could not reasonably be
expected to be accomplished by private enterprise
acting alone without the aid and assistance of the
Agency.
Presentation Relatinq to Backaround and Rational of Proiect:
Raymundo Becerra, Senior Planner, briefly summarized
pertinent parts of the Report of the Agency to the City
Council, which was the basic supporting documentation for
Redevelopment Plan Amendment 8-4-1. The rational for the
Amendment constituted improvements to circulation,
assistance to property owners, and public improvements;
i.e., flood control, bikeway system, and major roads. Mr.
Becerra discussed the blight influences, including
depreciated property values and under -utilization of
property.
Summary of Environmental Documentation/Redevelopment
Plan Amendment 84-1:
Raymundo Becerra made a presentation regarding the
environmental documentation submitted, advising that the
Environmental Review Board had made a careful, thorough
study of all the environmental impact reports; all had been
certified after Council review. Mark Huebsch summarized
proposed Amendment 84-1, citing the addition of the "Added
Areas" and the list of permissible public improvements which
had been expanded to include infrastructure deficiencies.
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78
Public Hearing:
Notice having been given as required by law, Mayor pro tem
Hausdorfer opened the Public Hearing, asking for statements
from persons in opposition to Redevelopment Plan Amendment
84-1. The following person responded:
(1) James Thorpe, 27952 Calle Santa Ynez, San Juan
Capistrano, stated that the environmental documentation
was inadequate and did not address cumulative effects.
He further cited concern that the Amendment did not
seem to be consistent with the Citizen's Policy Plan,
could be contrary to the intent of the General Plan,
and seemed to be growth -inducing. Mr. Thorpe was
advised that the "Added Areas" had approved development
plans, but were still open space due to the economic
environment; that all projects would continue to
proceed through normal processing; the Redevelopment
Agency provided a financing vehicle and flexibility to
accommodate the various projects when market demand
increased.
There being no other response in opposition, Mayor pro tem
Hausdorfer asked for any other statements, and the following
person responded:
(1)
Gerald Walsh, Attorney at Law, Cox, Castle, and
Nicholson, 5000 Birch Street, Newport Beach,
representing the Aminta parcel, Parcel Map 83-861,
stated support for inclusion of the parcel within
Amendment.
the
There being no further response, Mayor pro tem Hausdorfer
closed the Public Hearing with the right to re -open at any
time.
Completion of Environmental Review:
It was moved by Councilman Friess,
Bland that the following Resolution
NO. 85-7-2-8
seconded by Councilman
be adopted:
104
OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING THAT ENVIRONMENTAL REVIEW WITH RESPECT TO
REDEVELOPMENT PLAN AMENDMENT 84-1 HAS BEEN COMPLETED
The motion carried by the following vote:
AYES: Councilmen Friess, Bland and
Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze and Councilman Buchheim
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79
Use of Taxes for Housinq Outside Proiect Area:
It was moved by Director Bland, seconded by Director Friess
that the following Resolution be adopted:
RESOLUTION NO. 85-7-2-9, USE OF TAXES FOR PURPOSE OF
HOUSING OUTSIDE PROJECT AREA (REDEVELOPMENT PLAN
AMENDMENT 84-1) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING
THAT THE USE OF TAXES ALLOCATED FROM THE CENTRAL
REDEVELOPMENT PROJECT FOR THE PURPOSE OF HOUSING
OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE
PROJECT - REDEVELOPMENT PLAN AMENDMENT 84-1
The motion carried by the following vote:
AYES: Councilmen Friess, Bland,
and Mayor pro tem Hausdorfer
4N7*�6.9=M
ABSENT: Mayor Schwartze and Councilman Buchheim
Adoption of Redevelopment Plan Amendment 84-1:
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 Bland that the following Ordinance be
introduced:
ORDINANCE NO. 547, ADOPTING
AMF.NTImRwT RA -1 - CAN .TTTAM r
REDEVELOPMENT PROJECT - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING
REDEVELOPMENT PLAN AMENDMENT 84-1 TO THE REDEVELOPMENT
PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT
PROJECT
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, and
Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze and Councilman Buchheim
t Following adoption the City Clerk was directed to forward a
certified copy of the Ordinance to the Community
Redevelopment Agency; to forward to the Orange County
Recorder a description of the land within the Added Area and
a statement that proceedings were instituted under the
Community Redevelopment Law; and, to forward a copy of the
recorded description and statement, a copy of the Ordinance,
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and a map indicating the boundaries of the Added Area to the
Orange County Auditor and Assessor, the governing body of
each taxing agency receiving taxes from property in the
Added Area, and the State Board of Equalization.
Councilman Buchheim returned to the podium and resumed his
duties.
ADMINISTRATIVE ITEMS
CITY MANAGER
III 1. SAN JOAQUIN HILLS AND FOOTHILL EASTERN TRANSPORTATION
rnRRTnnRc - AaRFFMFNTR FOR JOTNT POWERS AUTHORITIES
This item was continued from the meeting of June 18, 1985.
Written Communications:
Report dated July 2, 1985, from the City Manager, advising
that documents from the County and other participating
agencies were not finalized.
Continuation of Item:
There was a consensus of Council to direct staff to
reschedule the item when ready for Council action.
2. AMENDMENT TO CITY'
IFICATION AND
Written Communications:
Report dated July 2, 1985, from the City Manager, citing the
need for a reorganization of the City Manager's Office. The
report recommended that a new Administrative Assistant
position be created and that the Assistant to the City
Manager position be reinstated. The Senior Administrative
Assistant position title would be retained, but the position
would remain vacant.
Approval of Amendment:
It was moved by Councilman Bland, seconded by Councilman
Buchheim that th following Resolution be adopted:
RFSOLUTTON NO. 85-7-2-10. AMENDING CITY'S PERSONNEL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NOS.
82-9-21-4 AND 84-12-4-10, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLANS (CLASS TITLES)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
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3. RATIFICATION OF MEMORANDA OF UNDERSTANDING (406.33/406.242)
Written Communications:
Report dated July 2, 1985, from the Assistant City Manager,
forwarding for Council ratification Memoranda of
Understanding which had been approved by the Management and
Employees Associations. The basic components included a
4.58 cost of living increase and additional insurance costs
of .48 to be covered by the City.
Ratification of Memoranda of Understanding:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to ratify the approved
Memoranda of Understanding and to authorize the Mayor and
City Clerk to execute the documents on behalf of the City.
4. AMENDMENT TO CITY'S PERSONNEL CLASSIFICATION AND
rnmrDFnTCAmTnTT DT.AXTC 1QhT.21DTVC1 tSnn 11
Written Communications:
Report dated July 2, 1985, from the Assistant City Manager,
forwarding revised salary schedules, pursuant to the
Memoranda of Understanding for Fiscal Year 1985-86.
Approval of Revised Salary Schedules:
It was moved by Councilman Buchheim, seconded by Councilman
Bland that the following Resolution be adopted:
RESOLUTION NO. 85-7-2-11. AMENDING PERSONNEL
I-U1ft011r.LUk11"1VN ANN LVMY8IVJA"1"1 VW Y Lm 1DA n-LrDj -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO.
84-12-4-10, THE CITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN (SALARIES)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - OCEAN WAIVER PROCESS (SERRA) (151.1)
Written Communications:
(1) Report dated July 2, 1985, from the Director of Public
Works, advising that it had become apparent that there
was no longer a majority of support among SERRA's
member agencies for the application for an ocean waiver
project, and recommending that the City discontinue all
efforts.
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(2) Letter dated July 1, 1985, from Esther Shillman, Vice
President, League of Women Voters, Capistrano Bay Area,
209 Sierra, San Clemente, 92672, urging that sewage
treatment standards not be lowered.
The Director of Public Works made an oral report, citing the
split vote on the issue among the SERRA Board of Directors
and noting the staff view that the issue was one of local
control.
Public Input:
(1) Dr. Jack Skinner, 1724 Highland, Newport Beach, spoke
in opposition to the waiver, citing concerns regarding
health hazards from lowered treatment standards.
(2) Nancy Skinner, 1724 Highland, Newport Beach, urged
total withdrawal from the waiver process. She
presented a letter dated March 18, 1985, from
Supervisor Thomas F. Riley, to Susan Skinner, stating
that granting of the waiver would be unacceptable.
Councilman Buchheim advised that as Chairman of the SERRA
Board of Directors, he had requested a legal opinion to
determine if a unanimous vote was necessary in applying for
the permit if the waiver were granted; that there was an
obligation to determine cost savings versus environmental
impacts. He cited a letter dated June 26, 1985, from
Supervisor Thomas F. Riley, urging that the City not support
the secondary waiver application proposal.
Administrative Efforts Discontinued:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to discontinue all City
administrative efforts toward the modification to the ocean
discharge standards of the SERRA Treatment Plant. Pursuant
to a suggestion by Mayor pro tem Hausdorfer, there was a
consensus that the item be rescheduled for formal action on
the waiver.
2. BUDGET AMENDMENT, PROJECT COMMITTEE NO. 16 -
SOLIDS HANDLING (SERRA) (151.4)
Written Communications:
Report dated July 2, 1985, from the Director of Public
Works, advising that the construction phase of the solids
handling/odor control improvement project had begun; that
with the inclusion of the 3 MGD Plant Expansion project and
a determination of new capacities, participation had been
re -assessed to accommodate the actual capacity of the site.
The City's capacity was originally 19.238; the new
percentage, which reflects 4.3 MGD treatment capacity, was
increased to 23.24%. The increased percentage required
additional funds from the City.
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ON
Approval of Budget Amendment:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to approve the budget
amendment for Project Committee No. 16 and to authorize the
transfer of $25,175 from the Sewer Enterprise Fund to
Project Committee 16.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4)
The Report dated July 2, 1985, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of June 25,
1985, was ordered received and filed.
COUNCIL ACTIONS
1. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (130.1)
This item was continued from the meeting of June 18, 1985.
Pursuant to a suggestion made by Mayor pro tem Hausdorfer,
there was a consensus of Council that the item be held over
to the meeting of August 6, 1985.
2. APPOINTMENT OF ONE MEMBER TO THE ARCHITECTURAL BOARD
OF REVIEW (131.2)
This item was continued from the meeting of June 18, 1985.
Pursuant to a suggestion made by Mayor pro tem Hausdorfer,
there was a consensus of Council that the item be held over
to the meeting of August 6, 1985.
3. APPOINTMENT TO ORANGE COUNTY HOUSING AUTHORITY (107.11)
Written Communications:
Report dated July 2, 1985, from the Senior Administrative
Assistant, noting that the City had been requested to
appoint a representative to serve on the Orange County
Housing Authority Advisory Committee; that the current
representative indicated a willingness to be re -appointed to
the position for an additional term.
Re -appointment of Carol O'Connell:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to re -appoint Mrs. Carol
O'Connell to represent the City on the Orange County Housing
Authority Advisory Committee.
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84
COUNCIL REMARKS
1.
COUNCIL MEETING -
There was a consensus of Council that an Adjourned meeting
be scheduled for July 30, 1985, to conduct a field trip to
the Los Rios Area.
2. LITTLE LEAGUE ALL-STAR TEAM DONATION (NEISH)(111.1)
Mayor pro tem Hausdorfer noted a request received from David
Neish, a local resident who was selected to be a member of
the United States Little League All-Star team, for
contributions to defray expenses of overseas travel with the
team. It was moved by Councilman Buchheim, seconded by
Councilman Friess and unanimously carried to provide $250
from the Council Discretionary fund. A letter to accompany
the check is to be prepared for the Mayor's signature.
Staff was further directed to prepare a Council Policy
Statement that donations from the fund not exceed $250 and
be provided solely at Council discretion.
3. AGRICULTURE -FARM DISTRICTS (306.5)
Mayor pro tem Hausdorfer requested that staff work with
Charles Vermeulen regarding the Ordinance.
CLOSED SESSION
Council recessed to a Closed Session at 9:43 p.m., for discussion
of pending litigation pursuant to Government Code Section
54956.9, the City Clerk being excused therefrom, and reconvened
at 10:56 p.m.
COUNCIL ACTIONS
SETTLEMENT OF CLAIM (TURKUS)(402.99)
Written Communications:
Report dated July 2, 1985, from the Director of Administrative
Services, noting a claim received for alleged injuries sustained
when the claimant fell on a crack in front of the Mission and
broke her wrist. The report forwarded a recommendation from the
City's Claims Adjuster to settle the claim. _
Settlement of Claim:
It was moved by Councilman Friess, seconded by Councilman
Buchheim and unanimously carried to authorize Carl Warren &
Company to settle the Turkus claim in the amount of $3,000.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:57 p.m., to the next regular meeting date of
Tuesday, July 16, 1985, at 7:00 p.m., in the City Council
Chamber.
Respectfully submitted,
MARY ANN/
,,,' •
VER", CITY CLERK
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