85-0205_CC_Minutes_Regular MeetingFEBRUARY 5, 1985 429
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 Hausdorfer
at 7:04 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Father Paul
Martin, Old Mission San Juan Capistrano.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, 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; Cheryl Johnson, Recording
Secretary.
MINUTES
Adjourned Regular Meeting of January 22, 1985:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the Minutes of the Adjourned Regular Meeting of
January 22, 1985, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Schwartze
NOES: None
ABSTAIN: Mayor Hausdorfer
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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430
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - FIESTA DE LAS GOLONDRINAS, MARCH 16, 1985,
THROUGH MARCH 23, 1985 (105.14)
Written Communications:
Report dated February 5, 1985, from the City Clerk,
forwarding a proclamation designating March 16 through 23, _
1985, as the "Fiesta de las Golondrinas."
Approval of Proclamation:
Mayor Hausdorfer read the Proclamation in full, and it was
moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to proclaim the period of
March 16 through March 23, 1985, as the "Fiesta de las
Golondrinas." The Mayor and City Clerk were authorized to
sign the document on behalf of the City. Mac McDowell,
President of the Fiesta Association, was in attendance to
receive the Proclamation on behalf of the Association.
2. RESOLUTION OF COMMENDATION - WILLIAM MACDOUGALL, ORANGE
COUNTY PLANNING COMMISSIONER (114.1)
Written Communications:
Report dated February 5, 1985, from the Senior
Administrative Assistant, forwarding a resolution expressing
the City's appreciation for Mr. MacDougall's dedicated and
conscientious public service as the 5th District
representative to the Orange County Planning Commission.
Mr. MacDougall recently submitted his resignation from the
Commission after approximately 9-1/2 years of service.
Resolution of Commendation:
Mayor Hausdorfer read the Resolution in full, and it was
moved by Councilman Buchheim, seconded by Councilman
Schwartze, that the following Resolution be adopted:
RESOLUTION NO. 85-2-5-1, COMMENDING WILLIAM MACDOUGALL
ORANGE COUNTY PLANNING COMMISSIONER - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COMMENDING WILLIAM MACDOUGALL, ORANGE
COUNTY PLANNING COMMISSIONER
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
Mrs. Carol MacDougall was in attendance to receive the
Resolution and thanked Council on behalf of her husband who
was at work in Sacramento.
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431
3. PRESENTATION OF CALIFORNIA PARKS AND RECREATION SOCIETY
Written Communications:
Report dated February 5, 1985, from the Director of
Community Services, advising that on January 17, 1985, Mrs.
Marge Madigan was honored as the recipient of the California
Park and Recreation Society's Volunteer Award.
Presentation of Volunteer Award Plaque:
Mayor Hausdorfer cited Mrs. Madigan's volunteer activities,
which included serving as: President of the San Juan
Seniors for two terms; a member of the Executive Board; a
member of the Executive Board for the local A.A.R.P.
chapter; the City representative to the Executive Board for
the Saddleback College Emeritus Institute; a member of the
Executive Board to the San Juan Mobile Estates; and, many
other civic -oriented groups. Mrs. Madigan was in
attendance, and Mayor Hausdorfer presented the California
Parks and Recreation Society District 10 Volunteer Award
Plaque.
WRITTEN COMMUNICATIONS
1. LETTER DATED JANUARY 2, 1985, RE
Council received copies of a letter dated January 2, 1985,
from Lynn Rinker, Account Executive, Merit Property
Management, Inc., on behalf of the Board of Directors of the
Stoneridge Estates, advising of a need for, and requesting a
schedule of, maintenance of trails in the common area of the
Association. A response from the Superintendent of Public
Works was included advising that maintenance and repairs
would be accomplished in the spring following the rainy
season.
With the consensus of Council, Mayor Hausdorfer ordered the
letter received and referred to Staff for continuing
monitoring.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, 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,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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432
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated February 5, 1985, Warrant Register
No. 85-081, in the total amount of $389,526.99, 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
November 30, 1984, in the total amount of $40,722.08, was
approved as submitted.
3. REPORT OF CULTURAL ARTS AND
The Report dated February 5, 1985, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of January 24, 1985, was ordered
received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.04)
The Report dated February 5, 1985, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of January 21, 1985, was ordered received and
filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(139.04)
The Report dated February 5, 1985, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of January 9 and January 23, 1985, was
ordered received and filed.
6. APPROVAL OF AGREEMENTS FOR IMPROVEMENTS, LANDSCAPE
As set forth in the report dated February 5, 1985, from the
Director of Public Works, the agreements for construction of
public improvements, maintenance of landscaping, and
participation in the cost to install a traffic signal at the
intersection of Camino Las Ramblas and Via California, were
approved. The Mayor and City Clerk were authorized to
execute the agreements on behalf of the City. The City
Clerk was directed to forward the agreements for
improvements and landscape maintenance to the Orange County
Recorder's Office.
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PUBLIC HEARINGS
2.
433
Proposal:
Application for a parade permit in conjunction with a
commemorative pilgrimage honoring Father Junipero Serra,
sponsored by the California Knights of Columbus. The
pilgrimage, which includes a northerly and southerly
processing, will generally follow the route of the E1 Camino
Real; the two processions will meet on May 17th at Mission
San Carlos Borromeo in Carmel, where Father Serra is buried.
The procession through San Juan Capistrano will enter at the
southerly City limits on Camino Capistrano on February 17,
1985, at 10:00 a.m. The procession, comprised of six
persons on foot, two vehicles, and a van, will go directly
to the Mission, where it will remain for an hour, and leave
via Camino Capistrano and exit the City along Del Obispo.
Applicant:
Mission San Juan Capistrano Council No. 7519, Knights of
Columbus, P. O. Box 1724, San Juan Capistrano, 92693.
written Communications:
Report dated February 5, 1985, from the Senior
Administrative Assistant, advising that a Certificate of
Insurance had been provided and the Sheriff and Fire
Departments notified. The report further advised that the
streets would not be closed entirely, but traffic would be
halted at intersections to allow the parade to pass.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer 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/Street Closures:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve the Parade
Permit for the Father Serra Commemorative Pilgrimage and to
authorize temporary street closures at intersections along
Camino Capistrano to Ortega Highway and along Del Obispo
from Camino Capistrano to the southerly City limits on
February 17, 1985.
STREET
:W'"k SA"
Proposal:
Application for a parade permit and associated street
closures made by the San Juan Capistrano Fiesta Association
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4 34
for the annual Fiesta de las Golondrinas Parade, scheduled
for Saturday, March 23, 1985, beginning at 11:00 a.m.
Applicant:
San Juan Capistrano Fiesta Association, P. O. Box 532, San
Juan Capistrano, 92693, attention Mac McDowell.
Written Communications:
(1) Report dated February 5, 1985, from the Director of
Public Works, forwarding the application and the
proposed parade route. Costs for providing necessary
traffic control, sanitary facilities, and Public Works
personnel, were estimated at $1,900; funds were
allocated in Account No. 01-4180-312-000.
(2) Supplemental Report dated February 5, 1985, from the
Director of Public Works, advising that concerns had
been expressed regarding parade preparations and use of
alcohol, and citing steps taken to assure that the
parade activities will run smoothly. Included were an
earlier start time; recruitment of parade marshalls to
help eliminate gaps in the parade; and, actions taken
to prohibit consumption of alcohol in public places on
Parade Day.
The Director of Public Works made an oral presentation,
advising that the Parade route was essentially the same as
the previous year and, noting the supplemental report for
Council information. Mayor Hausdorfer cited efforts to
discourage alcoholic beverages; the City Manager noted the
Fiesta Association's agreement and efforts with regard to
items set forth in the supplemental report.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Approval or Paraae Permit/Street closures:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to approve the request for
a parade permit subject to conditions required by Council
and to authorize the following street closures from 9:30
a.m., to 4:00 p.m. on Saturday, March 23, 1985:
Camino Capistrano between San Juan Creek Road and
Via Los Pajaros:
Del Obispo Street between Alipaz Street and
Ortega Highway;
Ortega Highway between Camino Capistrano and
I-5 Freeway;
E1 Camino Real between La Zanja Street and
Ortega Highway;
La Zanja Street between Los Rios Street and
E1 Camino Real;
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Proposal:
Review of proposed changes to the City's Mobile Home Park
Rent Control Ordinance. Key issues identified by the Ad Hoc
Committee were:
1. Time requirements for filing of Petitions;
2. Lease agreement exemptions;
3. Authentication of financial data;
4. Rental increase upon home ownership changes;
5. Status of rent increases pending review of
Petition;
6. Defining "Fair Rate of Return;" and,
7. Definitions of "Repair and maintenance, capital
improvement expenses, and operating expenses."
The Hearing was scheduled pursuant to Council direction on
January 8, 1985.
Applicant:
This is a City -initiated Hearing.
Written Communications:
(1) Report dated February 5, 1985, from the City Attorney,
forwarding the report discussed on January 8, 1985,
regarding recommendations of the Ad Hoc and Mobile Home
Park Review Committees for changes in the Ordinance.
The report advised that following formation of a policy
direction on each issue, formal ordinance amendments
would be prepared for consideration within 30 days.
(2) Letter dated February 3, 1985, from Vickie Talley,
Manufactured Housing Education Trust Executive
Director, 17845 Skypark Circle, Suite J, Irvine, 92714,
expressing concurrence with the City Attorney's
recommendations on items 1, 2, 3, 5, and 6 and,
requesting a continuance of items 4 and 7 to develop
clear definitions to deal with those issues.
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435
Yorba Street between Camino Capistrano and
E1 Camino REal;
Forster Street between Camino Capistrano and
E1 Camino Real;
Acjachema Street between Camino Capistrano and
easterly terminus;
Verdugo Street between Multi -Modal Terminal and
Camino Capistrano;
E1 Horno Street between E1 Camino Real and
easterly terminus;
La Matanza Street between E1 Horno Street and
Acjachema Street;
La Calera Street between E1 Horno Street and
Acjachema Street; and,
Spring Street between E1 Camino Real and
easterly terminus.
3. REVIEW OF PROPOSED AMENDMENTS TO THE MOBILE HOME PARK
RENT
Proposal:
Review of proposed changes to the City's Mobile Home Park
Rent Control Ordinance. Key issues identified by the Ad Hoc
Committee were:
1. Time requirements for filing of Petitions;
2. Lease agreement exemptions;
3. Authentication of financial data;
4. Rental increase upon home ownership changes;
5. Status of rent increases pending review of
Petition;
6. Defining "Fair Rate of Return;" and,
7. Definitions of "Repair and maintenance, capital
improvement expenses, and operating expenses."
The Hearing was scheduled pursuant to Council direction on
January 8, 1985.
Applicant:
This is a City -initiated Hearing.
Written Communications:
(1) Report dated February 5, 1985, from the City Attorney,
forwarding the report discussed on January 8, 1985,
regarding recommendations of the Ad Hoc and Mobile Home
Park Review Committees for changes in the Ordinance.
The report advised that following formation of a policy
direction on each issue, formal ordinance amendments
would be prepared for consideration within 30 days.
(2) Letter dated February 3, 1985, from Vickie Talley,
Manufactured Housing Education Trust Executive
Director, 17845 Skypark Circle, Suite J, Irvine, 92714,
expressing concurrence with the City Attorney's
recommendations on items 1, 2, 3, 5, and 6 and,
requesting a continuance of items 4 and 7 to develop
clear definitions to deal with those issues.
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4 36 The City Attorney made an oral report, citing the seven
issues discussed by the Ad Hoc and Mobile Home Park Review
Committees.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and the following
persons responded:
(1) Ed Clark, 32302 Alipaz Street, Space 267, addressed
rent increases upon ownership change, stating increases
should be limited to once a year.
(2) Frank Bailey, 32302 Alipaz Street, Space 286, addressed
rent increases upon ownership change, stating increases
should be limited to once a year. With regard to rent
increases pending review of petitions, he suggested
that the Fisher vs City of Berkeley case, Paragraphs 23
and 24, be considered before making a decision.
(3) Margaret Sheridan, 32802 Valle Road, Space 93,
addressed rent increases upon ownership change, and
advised that upon moving in, her actual space rent had
been $20 more than originally stated. She stated
concerns with impacts of such a practice on coach
sales.
(4) Vickie Talley, 17845 Skypark Circle, Suite J, Irvine,
representing the mobile home park owners, stated
concurrence with the City Attorney's recommendations on
all items except rent increases upon ownership change
and definitions of repair and maintenance, capital
expenses, and operating costs. She stated those areas
should be better defined and requested involvement in
discussions. She cited the owners' position that rents
had been kept artificially low and rent increases upon
a turnover were necessary. In response to Councilman
Bland, she advised that County -wide, the turnover rate
was 10-12%; that she could obtain turnover information
within the City.
(5) Gail Davis, 32801 Valle Road, Space 46, addressed rent
increases upon ownership change, and cited cases where
upon a turnover, the rent was increased from $252 to
$275, and from $241 to $270.
(6) Maryrose Winkler, 32802 Valle road, Space 111,
addressed rent increases upon ownership change, stating
increases should be limited to once a year per space,
and citing cases of inequitable rents. With regard to
differentiating between capital improvements and
operating costs, she cited improvements commencing at
Capistrano Terrace and suggested that residents be
given a chance to vote on improvements and pay for them
as an assessment rather than an addition to the rent.
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437
(7) Al Verolini, 32802 Valle Road, Space 30, addressed rent
increases upon ownership change, and advised that he
had been promised a rent of approximately $200 when
buying the coach; upon moving in, the rent was actually
$250. Further, that within six months, he received the
anniversary rent increase to $289. He stated the
matter had been misrepresented and the current
situation was not equitable and fair for all residents.
(8) Paul Amato, 32371 Alipaz Street, addressed rent
increases upon ownership change, citing his experience
with promised rent and actual rent.
There being no further response, Mayor Hausdorfer closed the
Hearing with the right to re -open at any time.
Time Requirements for Filing of Petitions:
It was moved by Councilman Friess, seconded by Councilman
Schwartze, and unanimously carried to find that the 30 -day
statute of limitation is necessary and appropriate and to
direct the City Attorney to prepare the appropriate
clarifying language.
Lease Agreement Exemptions:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to direct the City Attorney
to prepare clarifying language to provide that lease
agreements between landlord and tenant be exempted from the
provisions of the ordinance.
Authentication of Financial Data:
It was moved by Councilman Friess, seconded by Councilman
Schwartze, and unanimously carried to accept the
recommendation of the Mobile Home Park Review Committee that
any financial information be presented in accordance with
generally accepted business accounting and financial
record-keeping practices and, that forms for presenting that
information be prepared. The City Attorney was directed to
prepare implementing language.
Rent Increase Upon ownership Change:
Discussion ensued regarding the need for further review and
clarification of the percentages of turnover and attending
rent increases throughout the community, as well as impacts
of the ordinance and the free market approach on prospective
buyers. It was moved by Councilman Buchheim, seconded
by Councilman Bland, and unanimously carried to return the
item to the Ad Hoc Committee for further review.
f Rent Increases
iew of Petitions:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that no ordinance amendments
be implemented.
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4 38 Defining Fair Rate of Return:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that pursuant to the
recommendation of the City Attorney, no formula be imposed;
that the present language be changed and clarified regarding
investment and market value tests; that a more general
standard be set forth that landlords be entitled to a fair
rate of return on their "property;" and, that leading rent
control case principles be incorporated essentially as
follows:
"In applying the criteria to be utilized in review of
rent increases, the hearing officer, Review Committee,
and City Council shall take into account leading court
decisions on rent control, such as (citations) .
which have enunciated the following principles:
"(a) The City's mobile home rent control ordinance
should be applied with the overall purpose of
eliminating excessive rents and at the same time
to provide park owners with a just and reasonable
return on their property.
"(b) The law does not require that rents be fixed by
any particular method or formula.
"(c) The determination of just and reasonable return is
not to be restricted to the implementation of a
rigid formula; in particular, market value is not
to be used to determine fair return in that court
decisions have criticized this approach because
rents cannot be made to depend on market value,
when market value in turn depends on rental
income.
"(d) Fair rate of return is but one of a number of
factors to be taken into account in reviewing rent
increases; it is to be given weight, but not to
dominate other relevant criteria in arriving at a
final determination.
"(e) The hearing officer, Review Committee, and City
Council shall impartially consider all relevant
evidence relating to the rent increase criteria;
the extent to which the criteria is considered,
that is, the amount of weight given to each
criteria, is within the discretion and wisdom of
these bodies, not in the courts."
itions of "Repair and Maintenance. Canital Imorovemen
Discussion ensued, and it was suggested that sharpening the
definitions would be helpful; that specific examples and
definite guidelines regarding capital improvements be set
forth; and, that applicable portions of the Oceanside
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Proposal:
Hearing held in accordance with Section 9-7.09 of the
Municipal Code requiring adoption of a new Residential
Allocation Schedule for the succeeding four-year period.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated February 5, 1985, from the Director of
Community Planning and Development forwarding a staff
recommendation that allocation of units remain the same as
currently adopted, with incorporation of the allocation
program for 1988.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Approval of Residential Allocation Schedule:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 85-2-5-2, RESIDENTIAL ALLOCATION
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS 1985,
1986, 1987, AND 1988 IN ACCORDANCE WITH SECTIONS 9-7.09
AND 9-7.10 OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution set the following allocations:
1985
- 395
4
39
ordinance be
included for review. It was moved by
units
allocated
Councilman
Friess, seconded by Councilman Buchheim,
and
allocated
unanimously
carried to direct the City Attorney to
draft
allocated
amendments
for review by the Ad Hoc Committee.
4. APPROVAL OF
GROWTH MANAGEMENT RESIDENTIAL ALLOCATION
Proposal:
Hearing held in accordance with Section 9-7.09 of the
Municipal Code requiring adoption of a new Residential
Allocation Schedule for the succeeding four-year period.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated February 5, 1985, from the Director of
Community Planning and Development forwarding a staff
recommendation that allocation of units remain the same as
currently adopted, with incorporation of the allocation
program for 1988.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Approval of Residential Allocation Schedule:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 85-2-5-2, RESIDENTIAL ALLOCATION
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS 1985,
1986, 1987, AND 1988 IN ACCORDANCE WITH SECTIONS 9-7.09
AND 9-7.10 OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution set the following allocations:
1985
- 395
units
allocated
1986
- 305
units
allocated
1987
- 300
units
allocated
1988
- 300
units
allocated
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i +O RECESS AND RECONVENE
Council recessed at 8:30.m. to convene the San Juan Capistrano
P p o
Community Redevelopment Agency, and reconvened at 8:43 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APPROVAL OF MEMORANDUM OF UNDERSTANDING - SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR (801.7)
2.
This item was continued from the meeting of January 22,
1985.
Written Communications:
Report dated January 22, 1985, and resubmitted February 5,
1985, forwarding a Memorandum of Understanding to guide
development of a Joint Powers Agreement for design,
financing, and construction of the San Joaquin Hills
Transportation Corridor.
The City Manager made an oral presentation, advising that
the Memorandum of Understanding was not a binding agreement
but a commitment to proceed in a direction, which could be
changed based on consent of all parties to the agreement.
Mayor Hausdorfer stated support of the Memorandum of
Understanding, ultimate configuration, collection of fees,
design, etc., of the San Joaquin Hills Transportation
Corridor. He noted Item 9 of the Memorandum, which provides
for a governing board to guarantee that all final
determinations will be made by elected officials.
Councilman Bland cited general concerns regarding financing
and whether the road will solve the transportation problems.
Approval of Memorandum:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the Memorandum of
Understanding and to authorize the Mayor to sign the
document on behalf of the City.
Written Communications:
Report dated February 5, 1985, from the Senior
Administrative Assistant, forwarding for Council
information, applications submitted by the Capistrano Lions
Club for permits to conduct a rodeo, barbecue, and dance at
the Ortega Equestrian Center on Saturday and Sunday,
March 23, and 24, 1985. The dance was scheduled for
Saturday evening and would require the temporary closure of
Calle Arroyo west of Rancho Viejo Road. The report advised
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3.
4.
441
that a certificate of insurance naming the City as an
additional insured was provided. City staff time will be
required to install and remove barricades; all clean-up will
be the responsibility of the Lions Club.
With the concurrence of Council, Mayor Hausdorfer ordered
the report received and filed.
STATUS REPORT - ORANGE COUNTY JAIL SITE TASK FORCE (107.24)
Written Communications:
Report dated February 5, 1985, from the Senior
Administrative Assistant, advising that the Jail Site Task
Force, comprised of a representative from each Supervisor's
office and a representative from the Sheriff's Office,
completed its study and identified eight general areas which
met the approved criteria established by the Board of
Supervisors for a 6,000 -bed medium -maximum security jail
facility. The report advised that establishment of a
technical subcommittee was recommended to further evaluate
the eight sites, one of which was Prima Deshecha near the
easterly City limits. At the end of the review period,
there will be a second phase study comprised of
representatives from various communities and charged with
making a recommendation from the top three or four sites.
Council concurred with Mayor Hausdorfer's suggestion to
request Supervisors Riley and Nestande to form a citizen's
committee, similar to that formed for the Santa Margarita
Water District Treatment Facility, to provide input to the
County. The report was ordered received and filed.
WITH COMMUNITY REDEVELOPMENT AGENCY REGARDING
Written Communications:
Report dated February 5, 1985, from the Senior
Administrative Assistant, advising that necessary
information was not available and recommending the item be
held over to the next meeting.
With the concurrence of Council, Mayor Hausdorfer ordered
the item held over until the meeting of February 19, 1985.
CITY ATTORNEY
1. REVIEW OF CONFLICT OF INTEREST LAW (405.1)
Written Communications:
Report dated February 5, 1985, from the City Attorney,
setting forth a legal overview of the California Conflict of
Interest law, as requested by Mayor Hausdorfer.
With the concurrence of Council, Mayor Hausdorfer ordered
the report received and filed.
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�9
DEVELOPMENT
INITIATION OF GENERAL PLAN AMENDMENT 85-1 (314.15)
Proposal:
Consideration of the following items submitted for inclusion
in General Plan Amendment 85-1:
Item A (Pearl Williams Estate) - change the land use
designation on a 3.94 ± acre parcel located on Rancho
Viejo Road, from Private Recreation to SS (Special
Study) that would allow corporate office buildings.
Item B (Kinoshita Farms, Inc.) - change the land use
designation for a 58± acre parcel located at the
northwest corner of Camino del Avion and Alipaz Street,
designated 4.2 Agri -Business.
Written Communications:
Report dated February 5, 1985, from the Director of
Community Planning and Development, forwarding a
recommendation to initiate Item A and to defer action on
Item B. The report advised that discussions had been
conducted with the applicant of Item B regarding an
alternate program for addressing concerns; that the
alternative would involve establishing a special committee
to study the issue of agriculture preservation and its
impacts upon the property. The primary charge of the
committee would be to attempt to develop a program that
could satisfy the current objectives of the General Plan,
while providing equitable compensation to the property
owner. The report suggested that the committee include a
representative from the Council, Planning Commission, City
Manager's Office, Community Planning and Development, and
applicant; further, that a report would be submitted at the
meeting of May 7, 1985.
The Director of Community Planning and Development made an
oral presentation, advising that the proposal for Item B was
not well-defined and further study was needed; that the
applicant concurred and, if limited to 90 days, would start
the study with staff and return in May with a more definite
recommendation. Mayor Hausdorfer suggested a review of the
entire agriculture program, including the fund, its standing
and balance, and the status of other properties in the
preserve. _
Doug Nash, 32906 Avenida Descanso, addressed Council in
general support of the staff recommendation, stating also
that it was time to recapitulate what had taken place in the
past and what had lead to the request for a general plan
amendment. Council discussed the purpose of the committee
and the need to make all information available to keep
residents informed; that the entire program should be
reviewed, including a history of agricultural preservation
in the City to date, with specific application to the
Kinoshita Property.
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Initiation of Item A/Formation of Committee:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried as follows:
(1) Initiate Item A (Pearl Williams Estate), noting that
this action shall not imply an intention to either
approve or deny the proposed land use amendment.
(2) Defer action on Item B:
(a) Form a special committee to study the issue of
agricultural preservation with a report to be
submitted to the City Council on May 7, 1985;
(b) Develop a program that provides an equitable
resolution to the problems alluded to in the
letter petition within the framework of the
General Plan;
(c) The committee shall be comprised of a
representative of the City Council, Planning
Commission, City Manager's office, Department of
Community Planning and Development, and the
applicant or his appointed representative.
Councilman Bland and Planning Commissioner Ed
Moore were appointed to the committee.
(d) A report presenting the historical aspects of
agricultural preservation is to be scheduled for
the meeting of March 5, 1985.
2. APPROVAL OF PRELIMINARY LANDSCAPE PLANS - CAMINO CAPISTRAN
Written Communications:
Report dated February 5, 1985, from the Director of
Community Planning and Development, forwarding preliminary
landscape plans developed for new planting in conjunction
with the Camino Capistrano Bridge widening and approach
improvements. The report listed the key features of the
plan, as well as input from an arborculturalist, the Public
Works Department, and the owner of the Vons Plaza. Costs
for landscaping installation were estimated at $53,000; the
report suggested the item could be included in next year's
Capital Improvement Fund No. 06-4706-514. The report
forwarded the Planning Commission recommendation to add more
trees along the side of the Vons Plaza and in the public
right-of-way in front of the Vons Plaza between the bridge
and the south entry drive.
Exhibits were on display and the Director of Community
Planning and Development made an oral presentation.
Councilman Buchheim cited concerns with the types of trees
included in the plans, noting the cost involved in
maintenance, care, pruning, and cleaning up of leaves in the
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fall. He further stated a need to landscape with trees,
shrubs, and ground cover that required less maintenance and
were drought -resistant. The Director of Community Planning
and Development advised that the Master Plan of Street Trees _
could be reviewed for a policy direction.
Approval of Preliminary Plans:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and carried, with Councilman Buchheim voting in the
negative, to approve the preliminary landscape plans for the
Camino Capistrano bridge widening, as recommended by the
Planning Commission.
SPOTTED BULL ANNEXATION - RESOLUTION INITIATING PROCEEDINGS
(401.12)
Written Communications:
Report dated February 5, 1985, from the Director of
Community Planning and Development, advising that on
January 9, 1985, the Local Agency Formation Commission
approved the Spotted Bull Annexation. The report further
advised that the City must hold hearings on the annexation
in accordance with State law, which requires adoption of a
resolution initiating proceedings; holding of a protest
hearing; and, review of the results of the protest hearing
and order the annexation completed if protests are not
received from 258 of the property owners who own at least
258 of the assessed valuation.
Initiation of Proceedings:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO. 85-2-5-3, SPOTTED BULL INITIATION OF
PROCEEDINGS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE ANNEXATION OF THE SPOTTED BULL AREA
TO THE CITY
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution set the protest hearing for March 19, 1985;
the results will be reviewed on May 7, 1985, in accordance
with time frames required by law.
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445
4. SITE PLAN REVIEW 85-2 - MINOR MODIFICATION TO
Proposal:
Review of a request to construct a 2,142 -square -foot open
shed for vehicle maintenance, which would replace the
existing maintenance shed located on the property. The
property is located in the Los Rios neighborhood at 31735
Los Rios Street; the proposed structure would be located on
the westerly portion of the parcel. Surrounding uses
included residential to the east and north, recreational
vehicle storage to the south, the Trabuco Creek to the west
and vacant land (future park) to the north. The present
zoning is SP (Precise Plan) District. The property is
included in the Los Rios Precise Plan and is designated as a
part of the Los Rios Centeral Park.
Applicant:
Tom Trulis, 33595 Via Corvalian, Dana Point, 92629.
Written Communications:
Report dated February 5, 1985, from the Director of
Community Planning and Development, forwarding staff
findings and a recommendation of approval subject to
conditions that the structure be removed at the time the
nonconformity is relocated outside the Los Rios Precise Plan
area; that the applicant agree that the cost of the proposed
improvements not become an item for appraisal in future
acquisition discussions; and, that an improved driveway
entry be installed.
Tom Trulis, applicant, addressed Council, citing concerns
with the condition relating to installation of driveway
improvements. He asked to be exempted from the condition,
noting that he could increase sweeping of the area and
advising that he has been in negotiations to relocate the
business. At the suggestion of Mr. Julian, the applicant
was directed to meet with the City Manager; if necessary,
the request for exemption may be returned at a later date.
Approval of Site Plan Review 85-2:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 85-2-5-4, SPR 85-2 (SOLAG) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
SPR 85-2, A MINOR MODIFICATION TO A NONCONFORMING USE
IN THE LOS RIOS PRECISE PLAN AREA
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
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446
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF INSTALLATION OF OVERHEAD UTILITIES (WESTERN
UNION TELEGRAPH) (1000.1)
Written Communications:
Report dated February 5, 1985, from the Director of Public
Works, forwarding a request from Western Union Telegraph
Company to install overhead utilities through the City from
the northern boundary along Camino Capistrano, transitioning
to Del Obispo Street through Los Rios, and exiting Del
Obispo at the southerly boundary. The route follows the
SDG&E line through the City. The report advised that the
proposed facility did not propose any new poles; the line
shall be placed upon existing SDG&E pole facilities and
placed underground where the SDG&E lines are underground.
When electrical facilities are placed underground in the
future, Western Union will place with the facility
underground at no expense to the City. The report advised
that Western Union estimated the cost to underground the
entire facility at $706,000; the project as requested was
estimated at $47,000.
Approval of Overhead Installation:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried to approve the installation
of overhead utilities by the Western Union Telegraph Company
with the stipulation that no poles are installed.
CHIQUITA LAND OUTFALL (SANTA MARGARITA WATER DISTRICT)
(903.3)
Written Communications:
Report dated February 5, 1985, from the Director of Public
Works, advising that project implementation of the land
outfall for the Santa Margarita Water District was
proceeding through the City; that items and concerns
expressed by the Traffic and Transportation Commission, the
Planning Commission, the Environmental Review Board, and
staff were being incorporated into the plans and
specifications for the project. The report noted that some
night construction work may be required in the area of San
Juan Creek Road from Camino Capistrano to 50 feet east of
Valle Road and cited the Planning Commission recommendation
to approve an outfall alignment consistent with option D,
San Juan Creek Road Alignment.
The Director of Public Works made an oral presentation.
Councilman Buchheim reported concerns cited by Jean
Lacouague regarding the recommended route of the outfall.
Don Martinson, Lowry & Associates, 17748 Skypark Circle,
Irvine, stressed the need for approval of the alignment to
keep the project on schedule.
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447
Approval in Concept:
it was moved by Councilman Bland, seconded by Councilman
Friess, and unanimously carried to approve the project in
concept with Option D, San Juan Creek Road Alignment, and to
authorize staff to issue the required permits.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
REPORT OF ACTIONS (140.4)
The Report dated February 5, 1985, from the Director of
Community Planning and Development, advising of actions
taken by the Planning Commission at their meeting of
January 29, 1985, was ordered received and filed.
COUNCIL ACTIONS
1. ACCEPTANCE OF RESIGNATION AND DECLARATION
RIOS REVIEW COMMITTEE (DUNIVIN) (130.9)
LOS
Written Communications:
Report dated February 5, 1985, from the Senior
Administrative Assistant, advising that Forrest Dunivin
submitted his resignation from the Los Rios Review Committee
and citing the current make-up of the committee. The report
advised that membership requirements were met and that
Council could appoint anyone they wished.
Acceptance of Resignation:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to accept the resignation
of Forrest Dunivin, and to declare his position to be
vacant. Staff was directed to prepare a Resolution of
commendation; the City Clerk was directed to post notices
and prepare press releases advertising the vacancy.
COUNCIL REMARKS
1. STREET LIGHTS (421.3)
Councilman Friess advised of street lights not working near
Calle Arroyo at the new bike trail.
2. OVERHEAD UTILITIES (1002.1)
Councilman Friess noted removal of overhead electrical lines
near La Novia Avenue.
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3. CAPISTRANO UNIFIED SCHOOL DISTRICT/COMMUNITY REDEVELOPMENT
AGENCY AGREEMENT (406.459
Councilman Friess requested an off -agenda report regarding
the status of the agreement.
4. ORANGE COUNTY VETERANS MEMORIAL COMMITTEE (111.1)
Councilman Bland noted a request for support of the Orange
County Veterans Memorial Committee, and there was a
consensus of Council to contribute $250.
5. PRESIDENTIAL INAUGURATION (104.5)
Mayor Hausdorfer expressed his appreciation to the City and
to Congressman Packard in conjunction with his recent trip
to Washington, D.C., for President Reagan's inauguration.
CLOSED SESSION
Council recessed to a Closed Session at 10:05 p.m., for
discussion of pending litigation, pursuant to Government Code
Section 64966.9(c), the City Clerk being excused therefrom, and
reconvened at 10:42 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:42 p.m., to the next regular meeting date of
Tuesday, February 19, 1985, at 7:00 p.m., in the City Council
Chamber.
Respectfully submitted,
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