85-1217_CC_Minutes_Regular Meeting243
DECEMBER 17, 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
7:00 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend
Margaret Ims, Christ Unity Capistrano 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
L. Baker, Director of Community Services; Cheryl Johnson,
Recording Secretary.
MINUTES
Regular Meetingof December 3, 1985:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of December 3,
1985, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Bland, 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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244
PRESENTATIONS AND COMMENDATIONS
COMMENDING E. PHILLIP HALE (114.1)
Written Communications:
Additional Resolution commending E. Phillip Hale upon his
retirement from his position as Assistant General Manager of
the Capistrano Valley Water District effective December 20,
1985. Mr. Hale had also served as Assistant City
Manager/Director of Administrative Services from March 20,
1978, to December 17, 1982.
Adoption of Resolution:
Mayor Schwartze read the Resolution citing Mr. Hale's
achievements, and it was moved by Councilman Buchheim,
seconded by Councilman Friess, that the following Resolution
be adopted:
RESOLUTION NO. 85-12-17-1, COMMENDING E. PHILLIP HALE -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, COMMENDING E. PHILLIP HALE
UPON HIS RETIREMENT
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
Mr. Hale was present to receive the Commendation.
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 December 4, 1985, Warrant Register
No. 86-061, in the total amount of $199,168.24, was approved
as submitted.
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2.
3
5
CITY TREASURER'S REPORT OF INVESTMENTS (210.1) �e4',
The City Treasurer's Report of Investments as of
November 30, 1985, in the total amount of $7,880,000.00, was
approved as submitted.
CITY TREASURER'S REPORT OF 191
,n,
G
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of November 30, 1985, was approved as
submitted.
4. REPORT OF
The Report dated December 17, 1985, from the Secretary of
the Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of November 26, 1985, was ordered
received and filed.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4)
The Report dated December 17, 1985, from the Secretary of
the Equestrian Commission, regarding actions taken at the
meeting of December 9, 1985, was ordered received and filed.
6. ACCEPTANCE OF EASEMENTS FROM COMMUNITY REDEVELOPMENT AGENCY
- CAMINO CAPISTRANO BRIDGE (407.1/804.2)
As set forth in the report dated December 17, 1985, from the
Director of Public Works, the easements for roadway, access,
and temporary construction purposes were accepted from the
Community Redevelopment Agency in order to widen Camino
Capistrano in conjunction with the Camino Capistrano Bridge
project. The easements for permanent access and roadway
purposes were appraised at $67,960; the easement for
temporary construction purposes was appraised at $6,893,
which is to be paid on an annual basis until construction is
completed. A total payment of $74,853 for acceptance of
easements from the Agency was authorized; the City Clerk was
directed to forward the easements to the Orange County
Recorder.
7. RESOLUTION RENDERING A DECISION IN THE MATTER OF THE SAN
JUAN MOBILE ESTATES RENT PETITION (136.1/308.1)
As set forth in the report dated December 17, 1985, from the
City Attorney, pursuant to Council action on December 3,
1985, the following Resolution was adopted:
RESOLUTION NO. 85-12-17-2, RENDERING DECISION IN THE
MATTER OF SAN JUAN MOBILE ESTATES RENT PETITION - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RENDERING A DECISION IN THE
MATTER OF THE SAN JUAN MOBILE ESTATES RENT PETITION
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The Resolution set forth Council's findings with regard to
the San Juan Mobile Estates Rent Petition received by the
City on July 19, 1985.
PUBLIC HEARINGS
1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING
RTAmn ApnR FOR INSTALLATION OF EXTERIOR LIGHTING WITHIN
Proposal:
Establishment of permanent standards for installation of
exterior lighting within Residential Districts. An Urgency
Ordinance prohibiting installation of permanent decorative
lighting in Residential Districts pending completion of a
zoning study was adopted by Council on October 1, 1985; it
was extended on November 5, 1985, and was scheduled to
expire on February 10, 1986. The Planning Commission
reviewed the proposed amendment on November 26 and
December 10, 1985.
Applicant:
This is a City -initiated Public Hearing.
Written Communications:
(1) Report dated December 17, 1985, from the Director of
Community Planning and Development, setting forth the
Planning Commission's recommendations on the proposed
regulations.
(2) Letter dated December 16, 1985, from Ann Parker,
Chairperson and Director of the Bear Brand Ranch
Community Association Board of Directors, 31861
Peppertree Bend, in opposition to the proposed
ordinance.
Tom Tomlinson, City Planner, advised that the 5 footcandle
intensity regulation had been chosen following consultation
with San Diego Gas and Electric regarding basic minimum
standards for security and review of studies done by
consultants. He discussed the Planning Commission's
recommendations for shielding and granting of exceptions.
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.
Council Discussion:
Councilman Hausdorfer suggested that exceptions be reviewed
by the Planning Commission in the early stages, but later be
handled on a different level such as the Zoning
Administrator. Councilman Bland stated that a prohibition
on the use of high- and low-pressure sodium lights could be
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247
detrimental in the future, and Councilman Friess suggested
amending the ordinance to indicate that use of high- and
low-pressure sodium lights would be subject to approval by
the City Council.
Approval of Exterior Lighting Regulations:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, that the following Ordinance be introduced with
an amendment to Section C.(5) stating that use of high- and
low-pressure sodium lights would be subject to approval by
the City Council. At the suggestion of the City Attorney,
and with the concurrence of the second, the motion was
amended to require approval consistent with that set forth
in the 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.
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - EXTERIOR
LIGHTING REGULATIONS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.614
OF THE MUNICIPAL CODE PROVIDING REGULATIONS FOR THE
INSTALLATION OF EXTERIOR LIGHTING IN RESIDENTIAL AREAS.
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
Proposal:
Consideration of an amendment to the Municipal Code,
initiated by Council on October 15, 1985, to modify the Farm
Market (FM) District to allow for uses more indirectly
related to farm market uses.
Applicant:
Charles Vermeulen, 11591 Cielo Place, Santa Ana, 92705.
written Communications:
Report dated December 17, 1985, from the Director of
Community Planning and Development, setting forth the
applicant's proposed modifications and an analysis of the
proposal and impacts to the integrity of the Farm Market
District. The Planning Commission recommended approval of
the proposed amendment, which included the following
changes:
Permitted Uses - sale of flowers and plants.
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Accesy Uses -
providisorng dining
the retail sale
such materials a
similar items.
Delicatessen/snack bar/ice cream,
area does not exceed 100 square feet;
and small-scale finishing or working of
s leather, pottery, jewelry, and
Conditional Uses - Dry goods and clothing stores
related to agriculture or ranching; services or
facilities engaged in the sale, fabrication or repair of
products related to farming.
Sara Pashilides, Associate Planner, made an oral report.
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.
Council Discussion:
Councilman Friess cited concerns that a veterinary office or
supply was determined to have no relationship to
agricultural operations and was not to be included as a
permitted use. Councilman Hausdorfer stated concern with
the 100 -square -foot limitation on the delicatessen dining
area, stating that if the use is to be allowed, it must be
allowed to be economically feasible.
Negative Declaration:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to certify the Negative
Declaration.
ADDroval of Amendment to Permitted Uses in Farm Market
District:
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 Friess, that the
following Ordinance be introduced:
TITLE 9 OF THE MUNICIPAL CODE -
MARKET (FM) DISTRICT - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.423
OF THE MUNICIPAL CODE RELATING TO PERMITTED USES WITHIN
THE FARM MARKET (FM) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
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249
Initiation of Amendment to Municipal Code:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to initiate an amendment
to the Municipal Code regarding the 100 -square -foot
limitation on the delicatessen/snack bar dining area and the
addition of the veterinary office/supply use.
1. GENERAL PLAN AMENDMENT 85-2 AND SPECIFIC PLAN 85-1 -
PROVIDING FOR DEVELOPMENT RIGHTS TRANSFER PROGRAM AND
PARTIAL DEVELOPMENT OPTION (AGRICULTURE/KINOSHITA) (314.15)
Pro
osal:
Conspideration of a General Plan Amendment to the Land Use,
Open Space and Conservation Elements, which would further
implement the intent of the 4.2 agri-business designation by
providing an incentive and implementation program to
compensate property owners for the permanent preservation
of agriculture lands; and, consideration of a Specific
Plan, which would delineate a specific preservation program
for the 56 acres located at the northwest corner of Alipaz
Street and Camino Del Avion, known as the Kinoshita
property. The current General Plan Designation is 4.2
agri-business; the proposed designation is 4.2 agri-business
with a floating designation that would provide for a partial
development option. The items were initiated by Council on
September 17, 1985.
Applicant:
Kinoshita Farms, Inc., P. O. Box 201, San Juan Capistrano,
92693.
Written Communications:
(1) Report dated December 17, 1985, from the Director of
Community Planning and Development, setting forth the
proposed General Plan Amendment 85-2 text amendments to
the Land Use Element, the Open Space and Conservation
Element, and the General Plan Composite Map. The
report further set forth the basic elements of Specific
Plan 85-1, which included a Development Rights Transfer
Program, a Partial Development Option, a Reservation
Area, and an Implementation of the Specific Plan. The
report advised that a focus Environmental Impact Report
and response to comments had been prepared; that final
action could not be taken until completion of the
review period on December 27, 1985, and the Hearing
should be continued to the meeting of January 7, 1986.
Tom Tomlinson, City Planner, made an oral report, discussing
the provisions of the General Plan Amendment and the
Specific Plan.
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25�
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing, and the following persons
responded:
(1) Ed Haworth, representing the applicant, spoke in
support of the General Plan Amendment and Specific
Plan.
(2) Russell Neal, 31072 Calle Santa Rosalia, presented his
letter dated December 17, 1985, in opposition to the
agriculture preservation program as it currently
exists.
There being no further response, Mayor Schwartze closed the
Hearing with the right to re -open at any time.
Council concurred in their support of the proposed program
as an equitable solution to a difficult problem; Councilman
Buchheim suggested review of the 10 -year waiting period to
allow acceleration of that time in the event of a
catastrophic situation.
Continuance to January 7, 1986:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to continue the
hearing to the meeting of January 7, 1986.
4. TEMPORARY
JRES - CITY'S 10
Proposal:
Consideration of intermittent street closures and issuance of
a parade permit to conduct the City's Annual 10 KM Run,
which will be held from 8:00 a.m. to 11:00 a.m. on Saturday,
March 29, 1986, to coincide with events planned to celebrate
the City's 25th anniversary.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated December 17, 1985, from the Director of
Community Services, forwarding the proposed route and
advising that Orange County Sheriff's Reserve units will be
located at intersections for traffic safety purposes.
PublicHearing:
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.
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5
251
Approval of Route and Street Closures:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to approve the
6.2 -mile route and the intermittent closing of the following
streets between 7:30 a.m. and 9:15 a.m., on Saturday,
March 29, 1986:
E1 Camino Real from Ortega Highway to La Zanja Street;
La Zanja Street from E1 Camino Real to Camino
Capistrano;
Junipero Serra Road (eastbound) from Camino Capistrano
to Rancho Viejo Road;
Acjachema Street from Camino Capistrano to E1 Camino
Real; and,
Avenida Padre from Camino Capistrano to Avenida Los
Amigos.
HOUSING POLICIES REPORT - MORTGAGE REVENUE BONDS (155)
Proposal:
Consideration of the City's Housing Policies Report, which
will allow the City to maintain its eligibility to issue
mortgage revenue bonds in 1986, pursuant to Section 103A of
the Internal Revenue Code of 1954, as amended.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated December 17, 1985, from the Director of
Community Planning and Development, advising that adoption
of the Housing Policies Report is a formal procedure
required by the Secretary of the Treasury.
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 Housing Policies Report:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
2-17-
RECTING
PUBLICATION OF A HOUSING POLICIES REPORT - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AND DIRECTING PUBLICATION OF A
HOUSING POLICIES REPORT UNDER SECTION 103A
The motion carried by the following vote:
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25�
AYES:
NOES:
ABSENT:
Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
None
None
The City Clerk was directed to publish the Report on or
before December 18, 1985, by making copies available to the
interested public; and, to submit a copy of the Report to
the Internal Revenue Service on or before December 31, 1985.
6. REZONE 85-3 AND TENTATIVE
5-306 (ROSAN
Proposal:
Consideration of an application to rezone 17 acres located
in the southern -most portion of the City from CM (Commercial
Manufacturing) to PD (Planned Development), and to subdivide
the property into 5 parcels. The property is bounded by the
San Diego Freeway and Camino Capistrano on the east; an
automobile dealership to the north, the AT&SF Railroad to
the west; and, vacant land to the south.
Applicant:
Kaiser Development Company, 2121 Palomar Airport Road, Suite
201, P. O. Box 308, Carlsbad, 92008-0060, Attention Mitch
Ritschel.
Written Communications:
(1) Report dated December 17, 1985, from the Director of
Community Planning and Development, advising that the
applicant had a purchase agreement with the property
owner which required closing of escrow on the property
by the end of the year. State review of the
environmental impact report was not completed until
December 13, 1985, and any response to comments made
will be completed at the end of December and be
available for City Council hearing in January, 1986.
The report advised that the Planning Commission had
opposed grading of the entire site in one phase and
voiced concern regarding the number of trees proposed
for removal; that staff prepared conditions and amended
language in the Composite Development Plan to mitigate
the concerns. The report further advised that should
the applicant not incorporate the language changes, the
project would not be in conformance with the goals and
objectives of the General Plan. The report forwarded
staff findings with regard to General Plan consistency,
capability of site to accommodate proposed uses,
circulation and traffic generation, potential landform
alteration, and proposed public improvements.
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(2) Transmittal letter dated December 17, 1985,
Fishman, Tierra Planning and Design, 31882
Capistrano, Suite 108, forwarding summaries
Plan 2, and the Tree Preservation Plan.
253
from Alan
Camino
of Plan 1,
Exhibits were on display and Susan Tebo, Associate Planner,
discussed the Planning Commission's concerns regarding tree
preservation, grading, and phasing. She advised that new
plans had been received since the Planning Commission
meeting which were developed to address those concerns;
however, neither staff nor the Commission had had an
opportunity to review the proposals, which appeared to
involve a significant degree of change.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and the following project
proponents provided an overview of the newly -submitted
plans:
Frank Rice, representing Kaiser Development, 2121
Palomar Airport Road, Suite 201, P. 0. Box 308,
Carlsbad, 92008-0060, noted that the Planning
Commission found the original plan unacceptable and
that plans had been prepared which addressed the
Commission's concerns. He stressed the need for
guidance pending purchase of the property.
Tom Davis, Tierra Planning and Design, 31882 Camino
Capistrano, Suite 108, San Juan Capistrano, provided a
site orientation and discussion of the physical
characteristics of the site.
Frank Rice advised that Plan No. 1 was fully -responsive
to the Commission's concerns, noting that the quantity
of grading and cut and fill had been reduced and all of
the 244 inventoried trees on the site would remain.
Plan No. 2 was responsive to concerns, but was also
economically feasible. He discussed the differences
between the two plans, which included use of previously
vacant land, some tree removals, and the addition of a
third story to one of the office buildings. He advised
that trees which were removed would be transplanted and
if unsuccessful, would be replaced on a two to one
basis.
Tom Davis, Tierra Planning and Design, discussed the
proposed addition of a third story to one of the
buildings, noting height, location, and screening.
Dr. Lee Jones, Michael Brandman Associates, 3140 Red
Hill Avenue, Suite 200, Costa Mesa, 92626, discussed
tree preservation and stated that Plan No. 2 was
consistent with the City's ordinance.
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254
Mr. Rice responded to concerns listed in the staff
report, stating there were no objections to phasing of
the grading, provision of graphics, submission of a
tree preservation plan and supervision by an
arborculturalist, and referral of the issues back to
the Planning Commission. He stated, however, that the
setbacks listed in the staff report were new since the
December 10th Planning Commission meeting and
aesthetics of the project would be acceptable without
the unusual setback requirements. He stated that the
proposed development agreement was already in place and
that subterranean parking currently occurred only on
Lot 2. He reiterated the need for the three-story
building as being critical to the feasibility of the
project, and the need for guidance regarding tree
preservation and height limitations, recognizing that
staff and the Planning Commission had not reviewed the
plans.
Councilman Hausdorfer stated support of the recommendation
for referral back to the Planning Commission, advising that
the new plans appeared to be a positive step toward
resolution of the issues. He then left the meeting at 8:43
p.m.
Tom Waller, manager of engineering and construction,
Kaiser Development, discussed grading required by the
new plans, noting that the original plan had balanced
the cut and fill and the new plans would require
hauling from the site.
Council Comments:
Council stated concern that the project had been in the
process for 18 months and found unacceptable, necessitating
last minute changes. Councilman Friess initiated discussion
regarding possible ways to eliminate the need for a
three-story building. Councilman Buchheim stated that due
to the location of the building and configuration of the
land, he would be in favor of considering a three-story
building if it meant saving trees or topography and if the
building were buffered. He stated that as many trees as
possible should be saved, but priority should be given to
preservation of the landform and topography. Councilman
Bland stated that it appeared to be a high-intensity use for
the area and the overriding goal should be to develop a
project that fit the area. He stated that exceptions had
been made to the height limitation in the past, and he
would agree to an extra story if it did not appear out of
scale with the rest of the project. Mayor Schwartze stated
he would be in favor of the project as long as the developer
worked around the trees and blended the building into the
area; that he would support a two to one replacement of the
trees as long as the major growth stands were not disturbed.
He encouraged the applicants to proceed and suggested
preparation of a scale model.
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255
There being no further response, Mayor Schwartze closed the
Hearing with the right to re -open at any time.
Referral to Planning Commission:
There was a consensus of Council to refer the item back to
the Planning Commission for report on the issues of grading
and landform alterations, tree preservation plan,
construction phasing, setbacks for building areas and
graphics depicting views of the project.
MODIFICATION OF CONDITION NO. 7, TENTATIVE PARCEL MAP 81-856
This item was taken out of order on the Agenda.
Applicant/Property Owner:
William L. Keele, 103 South Broadway, Suite 201, Edmond,
Oklahoma, 73034.
Written Communications:
Report dated December 17, 1985, advising that on August 7,
1984, Council approved Tentative Parcel Map 81-856, which
would subdivide 10.47 acres of land into 4 lots. The
applicant requested relief from Condition No. 7, which
required private road improvements along the existing
easement road from the project boundary westerly to the
existing public street improvements for San Juan Creek Road
at Hidden Mountain, due to an inability to acquire
right -of -access easements over the McCook and Diffley
properties located between the project and the existing
public street improvements. The request was previously
considered by Council on June 18, 1985, and denied with
direction to staff to work in concert with the applicant
regarding the situation during the 60 -day extension period
granted to Dr. Diffley for Tract 10134. The report advised
that approvals for Tentative Tract 10134 expired and the
right -of -access situation remained unresolved; the applicant
requested reconsideration of the condition in order to
complete the final map. In order to resolve the situation,
staff recommended that the condition be modified to require
paving to be completed prior to issuance of any building
permits. The report noted that Hidden Valley residents and
property owners in the immediate area were formulating a
program for the paving of all the access roads in the area
and were working with the applicant to coordinate those
improvements.
Exhibits were on display and Tom Tomlinson, City Planner,
made an oral presentation, advising that wording in the
modified Condition No. 7 had been amended to delete the
requirement to dedicate and improve the private road
easement within the parcel map boundaries.
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256
W
f Tentati
81-856:
It was moved by Councilman r'riess, seconaeu ny -u ui,
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 85-12-17-4, REAFFIRMING APPROVAL OF
TENTATIVE PARCEL MAP 81-856 AND RESCINDING RESOLUTION
NO. 84-8-7-2 (KEELE) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REAFFIRMING APPROVAL OF TENTATIVE PARCEL MAP 81-856 AND
RESCINDING RESOLUTION NO. 84-8-7-2 (KEELE)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
Condition No. 7 was modified to read as follows:
"Private Road Easement Improvements - The applicant
shall complete paving improvements to the existing
private road easement of San Juan Creek Road from Paseo
Christina to the present terminus of the public
improvements for San Juan Creek Road. A reimbursement
agreement shall be executed which will require future
subdividers who receive benefit from said street
improvements to reimburse the applicant for their
pro -rata share of said improvements. In lieu of the
reimbursement agreement, the applicant shall have the
option of entering into a cost-sharing agreement with
the Hidden Valley Association. In addition, the
applicant shall dedicate and improve the equestrian
trail. Said private road improvements both on and
off-site shall be completed and accepted by the City
prior to issuance of any building permits created by
this subdivision."
RECESS AND RECONVENE
Council recessed at 9:20 p.m., and reconvened at 9:30 p.m.
RESOLUTIONS
1. AMENDING THE 1984-85 FISCAL BUDGET AND AUTHORIZING
Written Communications:
Report dated December 17, 1985, from the Director of
Administrative Services, advising that during the 1984-85
fiscal year, Council authorized certain amendments to the
budget as a result of various specialized services required
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2.
2 5'7
by the City and available funding sources for capital and
special projects. The amendments reflect additional
appropriations in the amount of $1,152,057.00.
Amendment of 1984-85 Fiscal Budget:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 85-12-17-5, AMENDING THE 1984-85 FISCAL
BUDGET AND AUTHORIZING APPROPRIATIONS - A RESOLUTION O
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA,
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
Written Communications:
Report dated December 17, 1985, from the Administrative
Assistant, forwarding a Resolution commending Moulton -Niguel
Water District on its 25th anniversary, pursuant to Council
direction of December 3, 1985.
Approval of Commendation:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
85-12-17-6. COMMEND
WATZA U.LOTAIU1 VLV ITT 471"I! AVA.LVr1AORAX - M AZOV1,UT1UV
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COMMENDING MOULTON-NIGUEL WATER DISTRICT ON
ITS 25TH ANNIVERSARY
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
Staff was authorized to engrave the Resolution for
presentation to the District by Councilman Buchheim.
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12/17/85
4
2 v RECESS AND RECONVENE
Council recessed at 9:31 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:36 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING COMMISSION OPINION - SIGN PERMIT 85 -
AVERY FOREIGN CAR SERVICE (HELD/GOODYEAR) (140.6)
This item was continued from the meeting of November 5,
1985.
Written Communications:
Report dated December 17, 1985, from the Director of
Community Planning and Development, requesting that the item
be continued to the meeting of January 7, 1985, due to
timing of the public hearing notification.
Continuation of Item:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to continue the item to the
meeting of January 7, 1986.
2. INITIATION OF GENERAL PLAN AMENDMENT 86-1 - AMENDING
Written Communications:
Report dated December 17, 1985, from the Director of
Community Planning and Development, advising that staff had
been preparing a Soils Subsidence Insurance Program for
manufactured slopes and that it would be appropriate to
include in the General Plan some additional policies
specifically identifying such a program.
Initiation of General Plan Amendment 86-1:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to initiate consideration
of an amendment to the Seismic Safety and Public Safety
Elements of the General Plan regarding language supporting a
Soils Subsidence Insurance Program. Said action shall not
be construed as either approval or denial of the amendment
in that it allows staff to prepare the necessary documents
for public review and consideration by the Planning
Commission and City Council.
DIRECTOR OF PUBLIC WORKS
1. BUDGET
:T COMMITTEE NO. 2 - REHABILITATION
Written Communications:
Report dated December 17, 1985, from the Director of Public
Works, advising that at the November SERRA Board of
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Directors meeting, approval was given to continue the 5 9
program of digester cleaning at the Treatment Plant. The
initial contract with Golden West and Lowry Engineering
would be extended to include cleaning of the second
digester. The cleaning was anticipated to proceed over
several months; once completed routine cleanings of the four
digesters will be performed by the maintenance personnel
as part of ongoing plant operations.
Approval of Budget Adjustment:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to approve the SERRA
budget revision for Project Committee No. 2-R for digester
cleaning, in the amount of $186,000 and, to authorize the
transfer of the City's share of $44,688 to SERRA Project
Committee No. 2-R, Account 07-4480-284.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4)
The Report dated December 17, 1985, from the Director of
Community Planning and Development, advising of actions
taken by the Planning Commission at their meeting of
December 10, 1985, was ordered received and filed.
COUNCIL REMARKS
1. THE CAPISTRANO STORY/RICARDO MONTALBAN (114.1/103.5)
Councilman Buchheim suggested that a Resolution of
appreciation be prepared for Ricardo Montalban in
conjunction with his narration of the film, "The Capistrano
Story." He was advised that staff had been working on the
matter and the item would be scheduled in January or
February.
2. LIABILITY INSURANCE (402.1)
Councilman Buchheim advised that at a recent Senior
Citizen's meeting he had discussed the "deep pocket"
insurance liability issue with Senator Marian Bergeson.
3. COACH HOUSE BUS PARKING/SHERIFF'S HELICOPTER (309.4/606.1)
Councilman Friess noted receipt of a letter dated
December 11, 1985, from Thomas W. Hribar, Capistrano Valley
Realty, 32172 Camino Capistrano, citing concerns regarding
parking of the Coach House Inn bus in front of the Esplanade
Center and flights of the Sheriff's helicopter over the
Capistrano Valley. He requested a listing of the types of
calls to which the helicopter responds and an off -agenda
report regarding the Coach House Inn Bus.
-17- 12/17/85
260
4
5.
SAN JUAN NIGHT AT ANGEL'S STADIUM (115.2)
Councilman Bland requested that the Director of Community
Services review a request that the San Juan Children's
Choral Group sing the National Anthem at the annual San Juan
night at Angel's Stadium.
FREEWAY RAMP METERING (108.2)
Councilman Bland cited his opposition to metering of freeway
on -ramps in the City and suggested an agreement with the
State to direct traffic away from City streets which is
caused by development around the City. He further suggested
contact be made with State representatives stressing the
City's opposition to the program.
CLOSED SESSION
Council recessed to a Closed Session at 9:47 p.m., for discussion
of personnel and legal matters, the City Clerk being excused
therefrom, and reconvened at 10:10 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:10 p.m., to the next regular meeting date of
January 7, 1986, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
ME ���lL/L✓/�
I
ATTEST:
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