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85-1015_CC_Minutes_Regular Meeting185 OCTOBER 15, 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 Pastor Roger Boatman, Community Christian 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; 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. MINUTES Regular Meeting of October 1, 1985: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the Minutes of the Regular Meeting of October 1, 1985, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, 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 -1- 10/15/85 r WRITTEN COMMUNICATIONS 1. EXTERIOR LIGHTING ON HILLSIDE AREAS (418.3 Mayor Schwartze noted receipt of a letter dated October 15, 1985, from Mr. and Mrs. Thomas M. Mason, 32071 Peppertree Bend, stating opposition to Ordinance No. 556, adopted by Council on October 1, 1985, prohibiting use of permanent decorative lighting in all residential districts pending the initiation and completion of a zoning study. The letter was referred to staff for response. 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 October 15, 1985, Warrant Register No. 86-042, in the total amount of $314,767.87, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1) The City Treasurer's Report of Investments as of September 30, 1985, in the total amount of $8,180,000, was approved as submitted. 3. CITY The City Treasurer's Report of 1911 Act Bond Delinquencies as of September 30, 1985, in the total amount of $64.62, was approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20) The City Treasurer's Report of Fund Cash Balances as of August 31, 1985, in the total amount of -$7,294.14, was approved as submitted. The negative balance was caused by a deposit in transit. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (139.4) The Report dated October 15, 1985, from the Secretary of the Traffic and Transportation Commission, regarding actions -2- 10/15/85 taken at the meetings of September 11 and 25, 1985, was ordered received and filed. 6. AMENDMENT TO CLASSIFICATION AND SALARY PLAN i 7. 187 As set forth in the report dated October 15, 1985, from the City Manager, the following Resolution, which implemented agreed upon changes to the Classification and Compensation Plans for the 1985-86 fiscal year, was adopted: RESOLUTION NO. 85-10-15-1. AMENDING CITY'S PERSONNEL KE.7ULU1'l ULV Vu. 64 -1L -4-1U - H KbJULUxlua Ur -rna UIXI COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 84-12-4-10, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLANS The Resolution increases the City Manager's salary to $5822 per month. As set forth in the report dated October 15, 1985, from the Assistant to the City Manager, staff was authorized to apply for a 1986-87 Article XIX Guideway and Transportation Planning and Development Account Transit Capital Improvement grant in the amount of $50,000 for design of a parking deck in the Multi -Modal Terminal. The project was listed in the Community Redevelopment Agency Capital Improvement Program. 8. CLAIM FOR DAMAGES (WRIGHT) (402.129) The Claim in the amount of $950,000, filed on September 12, 1985, by Attorney Richard O. Frazee, on behalf of Mary Jane Wright, for personal injuries and property damage, was denied and referred to the City's Claims Adjuster, Dan Gorman Insurance, as set forth in the report dated October 15, 1985, from the City Attorney. 9. CLAIM FOR DAMAGES (SANDLIE) (402.116) The Claim in the amount of $100,000, filed on April 9, 1985, by Attorney Roseline Warren, on behalf of Lawrence W. Sandlie, in conjunction with actions of the Orange County Deputy Sheriffs, was denied and referred to the County of Orange for indemnification and defense on behalf of the City, as set forth in the report dated October 15, 1985, from the City Attorney. -3- 10/15/85 188 10. CLAIM FOR DAMAGES (FREEMAN) (402.126) As set forth in the report dated October 15, 1985, from the City Attorney, the Claim in an undetermined amount, filed on August 29, 1985, by Attorney Karen Schmidt on behalf of Patty Freeman, for injuries allegedly sustained in the Swallows Inn parking lot, was denied. The Claim has been and will continue to be handled by the City's Claims Adjuster. PUBLIC HEARINGS 1. MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM - SAN This hearing was continued from the meeting of September 17, 1985, to ascertain whether notice was properly given. Written Communications: Report dated October 15, 1985, from the City Manager, advising that the Resolution had been revised to include an effective date of December 1, 1985, and an exemption clause setting forth the following categories which receive exemptions from payment of property taxes and would also be generally exempt from paying transportation corridor fees: (1) Church; (2) Religious; (3) College; (4) Welfare; (5) Wholly Exempt; (6) Other at the discretion of the City Council. The City Manager advised that the recommended implementation date of December 1, 1985, would be consistent with implementation dates of other cities participating in the program and would allow time for everyone in the plan check process to become aware of the fee requirement. He further advised that under the enabling legislation, sponsored by Senator Seymour, the effective date for residential fees would be 30 days after the implementation date set by the City; therefore, residential fees would become payable on January 1, 1986. He noted that the Areas of Benefit were determined by traffic circulation patterns, trip ends, and actual benefit; i.e., Area A would have a higher number of trip ends and would include major shopping areas adjacent to the corridors; Area B would include residential areas and residential shopping areas. 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. Establishment of Areas of Benefit: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the following Resolution be adopted: -4- 10/15/85 NO. 85-10-1 TTING FORTH NG APPORTIONMENT FOR MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS - SAN JOAQUIN HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDORS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING THE AREAS OF BENEFIT AND THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS, AND SETTING FORTH THE COSTS AND METHOD OF FEE APPORTIONMENT FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND THE FOOTHILL/EASTERN TRANSPORTATION CORRIDORS The motion carried by the following vote: ORDINANCES 1. AYES: Councilmen Buchheim, Hausdorfer, and Mayor Schwartze NOES: Councilmen Friess and Bland ABSENT: None REZ 10:9 Written Communications: Report dated October 15, 1985, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 1, 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 Bland, seconded by Councilman Buchheim, that the following Ordinance be adopted: INANCE NO. 557, REZONE 85-6 (CHURCH OF JESUS CHRIST T.AMMPD nAV CATTTMCI - AAT non TAIANr4 nm TVG' OTTV nr CA JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 121-182-23 FROM GA (GENERAL AGRICULTURAL) TO IP (PUBLIC INSTITUTIONAL) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Schwartze NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: None -5- 10/15/85 190 BIDS, CONTRACTS, AGREEMENTS AWARD OF BID FOR LOS RIOS AREA, LITTLE HOLLYWO Written Communications: Report dated October 15, 1985, from the Director of Public _ Works, forwarding results of bids received for the Little Hollywood Sewer Connections in the Los Rios Area. The report advised that funds were budgeted in the Community Redevelopment Agency Account No. 26-4720-024 and would be reimbursed by Housing and Community Development Act funds. Sewer connection fees, in the amount of $7,200, payable to the Moulton Niguel Water District and the Santa Margarita Water District, will not be reimbursed, pursuant to an agreement with those Districts dated March 1, 1983. Award of Contract It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to award the contract for the construction of the Little Hollywood Sewer Connections in the Los Rios Area of the City to Cappello Construction Company, of San Juan Capistrano, in the amount of $64,160, and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. RECESS AND RECONVENE Council recessed at 7:10 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:11 p.m. ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. COMMISSION OPINION - This item was continued from the meeting of September 17, 1985. Written Communications: Report dated October 15, 1985, from the Director of Community Planning and Development, forwarding the _ appellant's request to continue the appeal to the meeting of November 5, 1985. Continuation of Appeal: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to continue the appeal of the Planning Commission's opinion regarding Sign Permit 85-4 to the meeting of November 5, 1985. -6- 10/15/85 191 2. APPEAL OF PLANNING COMMISSION DECISION - ARCHITECTURAL Proposal: Appeal of the September 24, 1985, Planning Commission decision requiring construction of a masonry wall at the front of property located at 33032 Calle Aviador, which will house a vehicle repair shop and office. The property is located in the Industrial Park Zone, across from the proposed Capistrano Industrial Park. The applicant requested permission to install a chain link fence with privacy slats for security of vehicles on the site, safety of employees, economics, and a less harsh appearance. Appellant: Jeff Bukamier, 26988 Ortega Highway, San Juan Capistrano. Written Communications: Report dated October 15, 1985, from the Director of Community Planning and Development, advising that the Planning Commission required a masonry wall at the front of the project for aesthetic and security reasons. The report advised that the Architectural Board of Review had recommended deletion of the requirement to install a masonry wall. Exhibits were on display and Patricia Willcocks, Assistant Planner, made an oral presentation, advising that the Planning Commission felt a chain link fence was more difficult to maintain and would become dilapidated over time; that a masonry wall would be more compatible in appearance with other existing and proposed buildings in the area, particularly the Capistrano Industrial Park project directly across the street; and, that a masonry wall would provide greater security for the premises. Jeff Bukamier, appellant, addressed Council in support of the appeal, citing the impounding services provided to the community by Dunivin's Towing Service and noting that security of vehicles was a major concern; that a chain link fence would allow patrolling Sheriffs to view the area at night. He advised that service bays would be at the rear of the building and not visible from the front. He further stated he had photographs of 10 facilities on Calle Aviador and Calle Perfecto and none had a masonry wall. In response to Councilman Bland, he assured Council that a chain link fence would be well-maintained and vinyl or aluminum privacy slats would pose no maintenance problems. Colleen Bukamier, appellant, spoke in support of the appeal and advised that the California Highway Patrol had complimented them for the immaculate appearance of their towing facility. -7- 10/15/85 F--- 192 3. Appeal Upheld: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to uphold the appeal. INITIATION OF OF THE MUNICIPAL CODE - M lnto Q Proposal: Initiation of an amendment to the Municipal Code to modify the Farm Market (FM) District to allow for uses indirectly related to farm market uses. The following additional uses were proposed: (1) Delicatessens as a principally permitted use rather than a conditional use; (2) Veterinary offices and stores, other services sale, fabrication, or farming, small retail office uses, which are purpose and intent of permitted uses. These permitted. supplies, antiques and hardware or facilities engaged in the repair of products related to and service shops and limited not incompatible with the the FM District, as principal uses are not currently (3) Dry goods and clothing stores related to agriculture or ranching and such other uses not specifically mentioned, which are related to farming and ranching, as conditional uses. Councilman Hausdorfer stated strong support for the amendment, citing contributions made to the community by Mr. Vermeulen, as well as his part in preserving agriculture. He advised the amendment would allow for a broader tenant base and would help preserve agriculture and make it more profitable for the farmer. Initiation of Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to initiate an amendment to Title 9 of the Municipal Code regarding additional uses allowed in the Farm Market (FM) District, noting that said initiation does not imply either approval or denial of the proposal. 4. INITIATION OF GENERAL PLAN AMENDMENT (MEREDITH CANYON Proposal: Consideration of petitions received for the following amendments to the General Plan: -8- 10/15/85 193 Item A - An increase in the present density limitation to allow two common lots (Parcel B of Lot C, Tract 8087, and Lot A, Tract 8319) to receive development potential for single-family residential. Item B - A zone change for approximately 11.4 acres of the Pueblo Serra Planned Community from Neighborhood Convenience to General Commercial. Item C - Confirmation of the previous initiation of an amendment to the General Plan to change the current Open Space Recreation designation of approximately 77.62 acres to Office -Research Park for property at the northern City limits known as the Bathgate Ranch. Property Owners: Item A - Meredith Canyon Community Association, P. O. Box 2817, Capistrano Beach, 92624. Item B - Enterprise Construction, Inc., P. O. Box 17509, Irvine, 92713. Item C - Bill Bathgate, P. O. Box 217, San Juan Capistrano. Written Communications: Report dated October 15, 1985, from the Director of Community Planning and Development, forwarding background information and a recommendation to initiate Items A and B and confirm the previous initiation of Item C. Initiation of Item A: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried to initiate consideration of an amendment to the General Plan as requested by the Meredith Canyon Community Association. Initiation of Item B: Due to a conflict of interest, Councilman Buchheim advised he would abstain from voting on this item. It was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried with Councilman Buchheim abstaining, to initiate consideration of an amendment to the General Plan as requested by Enterprise Construction, Inc. Confirmation of Initiation of Item C: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to confirm initiation of consideration of an amendment to the General Plan as requested by Bill Bathgate. It was noted that said actions do not imply either approval or denial of the proposed amendments. -9- 10/15/85 194 DIRECTOR OF COMMUNITY SERVICES 1. COMMUNITY S TARTERLY ACTIVITIES REPORT, SPRING, 1985 Written Communications: Report dated October 15, 1985, from the Director of Community Services, forwarding the Community Services Quarterly Activities Report for the Spring of 1985, as approved by the Parks and Recreation Commission on September 16, 1985. With the concurrence of Council, Mayor Schwartze ordered the report received and filed. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS (140.4) The Report dated October 15, 1985, from the Director of Community Planning and Development, regarding actions taken by the Planning Commission at their meeting of October 8, 1985, was ordered received and filed. COUNCIL REMARKS 1. PLANNING COMMISSION VACANCY (140.2) Mayor Schwartze noted the vacancy on the Planning Commission and Councilmen Hausdorfer and Friess were appointed to serve on an Ad Hoc committee to interview applicants. Appointment was rescheduled to the meeting of November 19, 1985. 2. SAN JUAN MOBILE ESTATES RENT CONTROL HEARING (308.6/136.7) Councilman Hausdorfer complimented staff for the clear presentation of the merits and evidence with regard to the San Juan Mobile Estates rent control hearing. The Assistant City Manager provided an update of the situation. 3. EQUESTRIAN EASEMENT MEISNER TRACT VICINITY (704.3) Councilman Bland noted that he had been advised that the equestrian trail through the Meisner tract in the vicinity of Calle Aspero had been impacted by grading for a new residence. He was advised that staff was handling the situation. -10- 10/15/85 195 4. DISCHARGE OF FIREARMS (PEPPERTREE BEND AREA) (606.1/316.1) Councilman Bland noted the use of firearms in the hills above the Peppertree Bend area and requested a review of the City's authority in such cases. Councilman Buchheim advised that sheriff's helicopters had been patrolling the area. 5. SIGNS (910.1) Councilman Bland requested review of a sidewalk sign at Cafe Mozart and commended Public Works for removal of real estate signs. Councilman Friess requested review of the continued use of a banner advertising breakfasts at Denny's and commended staff for installation of No Parking signs in the vicinity of Village San Juan. CLOSED SESSION Council recessed to a Closed Session at 7:50 p.m., for discussion of personnel and legal matters, the City Clerk being excused therefrom, and reconvened at 8:52 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:52 p.m., to the next regular meeting date of Tuesday, November 5, 1985, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, ATTEST: