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
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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
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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.
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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:
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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
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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.
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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.
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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:
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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.
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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.
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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: