85-0416_CC_Minutes_Regular Meeting509
APRIL 16, 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 Hausdorfer
at 7:00 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Reverend
Robert Schwenk, Community Presbyterian Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Phillip R. Schwartze, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: Anthony L. Bland, Councilman
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.
RECOGNITION OF CITY ANNIVERSARY (103.1)
Mayor Hausdorfer noted that April 19, 1985, will mark the City's
24th anniversary.
MINUTES
Regular Meeting of April 2, 1985:
Due to the absence of Councilman Bland, the Minutes of the
Regular Meeting of April 2, 1985, were held over to May 21, 1985.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
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COUNCIL REORGANIZATION
Mayor Hausdorfer summarized accomplishments of the past year in
the areas of housing, commercial and economic development;
community services and parks and recreation; and, expanding
regional and leadership roles undertaken, particularly with
regard to the Chiquita Canyon Treatment Plant site and the San
Joaquin Hills and Foothill Corridors. He noted the addition of
the City Attorney and Assistant City Manager to the City staff
and expressed appreciation to the staff and local elected
officials for their work and cooperation over the past year.
1. SELECTION OF MAYOR AND MAYOR PRO TEMPORE (104.1)
Written Communications:
Report dated April 16, 1985, from the City Clerk, advising
that pursuant to Resolution No. 81-3-17-4, annual selection
of the Mayor and Mayor pro tem was scheduled at this time,
for the term ending April 15, 1986.
Selection of Councilman Schwartze for Office of Mayor:
The City Clerk assumed the Chair and opened nominations for
the office of Mayor. Councilman Friess nominated Councilman
Schwartze for the office of Mayor; Councilman Buchheim
seconded the nomination. There being no further
nominations, nominations were closed, and it was moved by
Councilman Friess, seconded by Councilman Buchheim, and
unanimously carried that Councilman Schwartze be elected to
the office of Mayor.
Selection of Councilman Hausdorfer as Mayor pro tempore:
Mayor Schwartze assumed the Chair and opened nomination for
the office of Mayor pro tem. Councilman Buchheim nominated
Councilman Hausdorfer for the office of Mayor pro tem;
Councilman Friess seconded the nomination. There being no
further nominations, nominations were closed, and it was
moved by Councilman Buchheim, seconded by Councilman Friess,
and unanimously carried that Councilman Hausdorfer be
elected to the office of Mayor pro tem.
2. DEPOSIT AND INVESTMENT OF CITY FUNDS (210.1)
Written Communications:
Report dated April 16, 1985, from the City Manager,
forwarding a resolution authorizing signatures for the
investment of City funds. The addition of the Director of
Administrative Services will provide greater flexibility in
the area of investments and financial management.
Authorization to
ture Cards for Bank Accounts:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to authorize the
newly -elected Mayor and Mayor pro tem to sign the signature
cards for the City's bank accounts.
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Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, that the following Resolution be adopted:
OLUTION NO. 85-4-16-1
P74
CITY FUNDS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO
THE CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND
TO INVEST OR REINVEST CITY FUNDS, AND REPEALING
RESOLUTION NO. 84-4-17-2
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
The resolution delegated the authority to invest funds to
the City Treasurer and Director of Administrative Services
and required the following signatures on checks drawn on
City accounts; the signatures of the Mayor or Mayor pro tem
may be facsimiles:
Phillip R. Schwartze, Mayor; or
Gary L. Hausdorfer, Mayor pro tem; and,
John C. Gibson, City Treasurer; or
Mary Ann Hanover, Deputy City Treasurer; or
Robert G. Boone, Director of Administrative Services.
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF GAVEL PLAQUE (OUTGOING MAYOR HAUSDORFER
Written Communications:
Report dated April 16, 1985, from the Senior Administrative
Assistant, advising a special presentation would be made to
outgoing Mayor Hausdorfer in recognition of his service to
the City.
Presentation:
Mayor Schwartze presented outgoing Mayor Hausdorfer with a
gavel plaque citing his term of office; Mrs. Hausdorfer
received a dozen roses.
2. PRESENTATION TO OUTGOING MAYOR HAUSDORFER FROM CONGRESSMAN
PACKARD (104.5)
Written Communications:
Report dated April 16, 1985, from the Senior Administrative
Assistant, advising that a representative from Congressman
Ron Packard's Office would make a special presentation to
outgoing Mayor Hausdorfer.
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Presentation:
On behalf of Congressman Packard, Mike Eggers presented
outgoing Mayor Hausdorfer with a House of Representatives
Certificate of Appreciation for outstanding contributions to
the community and a gold United States Seal of Congress
plate. On behalf of the staff of Congressman Packard, —
outgoing Mayor Hausdorfer received a pair of House of
Representatives cuff links, and Mrs. Hausdorfer received a
House of Representatives stickpin.
Councilman Buchheim presented outgoing Mayor Hausdorfer with
an oil rendition of the portrait displayed in the Council
Chamber.
PRESENTATION TO PAUL ARCHIPLEY (114.1)
n behalf of Council, Mayor Schwartze presented a champagne
glass plaque to Paul Archipley, former editor of the
Capistrano Valley News.
COMMENDATION - CUB SCOUT PACK NO. 741. WEBELOS DEN NO. 1
(114.1)
Written Communications:
Report dated April 16, 1985, from the City Clerk, advising
that Members of Cub Scout Pack 741, Webelos Den No. 1, would
be in attendance at the meeting as a requirement for the
completion of the Citizenship Activity Badge. The report
forwarded a Certificate of Commendation.
Approval of Commendation:
Mayor Schwartze read the Certificate in full, and with the
concurrence of Council, the Certificate of Commendation was
approved and presented to Den Leader Jerry Neve.
PROCLAMATION - PRIVATE PROPERTY
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Written Communications:
Report dated April 16, 1985, from the City Clerk, forwarding
a Proclamation celebrating the constitutional freedom to own
real property, pursuant to a request from the South Orange
County Board of Realtors.
Approval of Proclamation:
Mayor Schwartze read the Proclamation in full and with the
concurrence of Council proclaimed the week of April 28
through May 5, 1985, as Private Property Week. Diane
Starnes and Fred Jenner, representatives of the South Orange
County Board of Realtors, were present to accept the
Proclamation.
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6. PROCLAMATION - FIRE SERVICE RECOGNITION DAY, MAY 11, 1985
Written Communications:
Report dated April 16, 1985, from the City Clerk, forwarding
a Proclamation focusing attention on the quality and extent
of modern fire services in the United States of America,
pursuant to a request from the Orange County Fire
Department.
Approval of Proclamation:
Mayor Schwartze read the Proclamation in full and with the
concurrence of Council, proclaimed Saturday, May 11, 1985,
as Fire Service Recognition Day. Battalion Chief Mike
Ahumada was present to accept the Proclamation.
PROCLAMATION - SENIOR CITIZENS MONTH, MAY, 1985 (114.2)
Written Communications:
Report dated April 167, 1985, from the Director of Community
Services, forwarding a Proclamation and advising that in
observance of the tribute to the senior citizens, the City's
Senior Citizen Program will sponsor a picnic lunch in
Descanso Park on Friday, May 17, 1985.
Approval of Proclamation:
Mayor Schwartze read the Proclamation in full and with the
concurrence of Council, proclaimed the month of May, 1985,
as Senior Citizens Month. Helena McKee was present to
accept the Proclamation on behalf of the Senior Citizens'
Club.
8. PROCLAMATION - TRANSPORTATION PARTNERSHIP WEEK, MAY 12
THROUGH 17, 1985 (114.2)
Written Communications:
Report dated April 16, 1985, from the City Clerk, forwarding
a Proclamation recognizing the efforts of the partnership
among private and public interests dedicated to the mutal
goal of reducing traffic congestion, pursuant to a request
from the Orange County Transportation Commission. An awards
ceremony was scheduled for May 15, 1985.
Approval of Proclamation:
With the concurrence of Council, Mayor Schwartze proclaimed
the week of May 12 through 17, 1985, as Transportation
Partnership Week and instructed the City Clerk to forward
the Proclamation to the Orange County Transportation
Commission.
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ORAL COMMUNICATIONS
1. LIGHTING AT LIBRARY (702.1/909.1
June Foresman, 26902 Paseo Cardero, stated that exterior
lighting along E1 Camino Real near the library was
non-existent and cited safety concerns. The matter was
referred to staff. _
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, 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, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
1. APPROVAL OF WARRANTS (202.2
The List of Demands dated April 16, 1985, Warrant Register
No. 85-102, in the total amount of $442,513.96, was approved
as submitted.
2. REPORT OF INVESTMENTS (210.1)
The City Treasurer's Report of Investments as of March 31,
1985, in the total amount of $7,755,000.00, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(206.12)
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of March 31, 1985, was approved as
submitted.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(133.4)
The Report dated April 16, 1985, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of March 28, 1985, was ordered received
and filed. The official meeting time was changed to 5:30
p.m.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (133.4)
The Report dated April 16, 1985, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of April 8, 1985, was ordered received and filed.
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6.
7.
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9.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
The Report dated April 16, 1985, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of March 13 and 27, 1985, was ordered
received and filed.
DEVELOPMENT AGREEMENT, CAPISTRANO POINTE, TRACT 12276
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As set forth in the report dated April 16, 1985, from the
Director of Community Planning and Development, the
Development Agreement between the City and the William Lyon
Company, which was prepared in conjunction with the issuance
of a grading permit, was approved. The Mayor and City Clerk
were authorized to execute the Agreement on behalf of the
City; the City Clerk was directed to forward a copy to the
Orange County Recorder's Office. The Agreement set forth
the amount of the required grading bond, time limits for
work completion, and specified the conditions and
obligations of both parties in the event the work is not
satisfactorily completed.
CHANGE ORDER NO. 2 - EXTRA WORK AND EXTENSION OF TIME, CITY
HALL REMODEL (MEANS AND ULRICH) (302.8)
As set forth in the report dated April 16, 1985, from the
Senior Administrative Assistant, Change Order No. 2, in the
amount of $10,812, for the purchase and installation of a
7.5 -ton heating and air conditioning unit which was not part
of the original plans, and a 39 -day time extension to
May 27, 1985, was approved.
PARCEL MAP 84 -
As set forth in the report dated April 16, 1985, from the
Director of Public Works, the utility easement over Lot 10,
Tract 6402, for construction of public improvements
necessary to serve Tract 10564 and Parcel Map 84-851, was
accepted. The City Clerk was directed to forward the
document to the Orange County Recorder's Office.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION DECISION, ZONE VARIANCE 85-1 -
APPLICATION TO
Proposal:
Appeal of the Planning Commission's March 12, 1985, action
to deny a zone variance request for the major tenant
135 -square -foot building -mounted sign and 44 -foot -high
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r)16
windmill for the new Vermeulen/Christian's Farmers Market
located on the east side of Del Obispo Street opposite Paseo
de la Paz. Surrounding uses include General Agriculture on
the north and east, large residential custom homes to the
west, and the Marco Forster Intermediate School to the
south. Present zoning is FM (Farm Market).
Applicant:
Charles Vermeulen, 11591 Cielo Place, Santa Ana, California
92705.
Written Communications:
(1) Report dated April 16, 1985, from the Director of
Community Planning and Development, advising that
specific size provisions for signs had not been
identified in the FM District; however, general
regulations allow a maximum of 60 square feet for a
building -mounted sign. The report forwarded background
information and a recommendation to confirm the action
of the Planning Commission.
(2) Letter dated April 15, 1985, from Charles Vermeulen,
applicant, withdrawing the request to erect a windmill
on the site.
(3) Letter dated April 11, 1985, from Beth Chaloeicheep,
25725 Admiralty Court, San Juan Capistrano, in
opposition to the proposed sign and windmill.
Exhibits were on display and Tom Tomlinson, Senior Planner,
made an oral report, advising that the application was
unable to satisfy the mandatory positive findings of the
four categories necessary for approval pursuant to the
Municipal Code; that a 60 -square -foot sign would be
consistent with provisions of the General Plan.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing, and the following persons
responded in support of the proposal:
(1) Mark Lesco, representing the project architect, The
McMahon Partnership, 203 North Golden Circle Drive,
Santa Ana, 92705, advising that the sign was designed
to be compatible with the theme of a market in a ranch _
setting.
The following persons responded in opposition to the
proposal:
(1) Edward Duran, 25612 Spinnaker Drive, President of the
Board of Directors, Captain's Hill Homeowners
Association.
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(2) Virginia Peckham, 25472 Charro, San Juan Capistrano,
owner of 26721 Admiralty Court.
(3) Dan Kamp, 25723 Admiralty Court.
There being no further response, Mayor Schwartze closed the
Public Hearing with the right to re -open at any time.
Appeal Denied:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to deny the
appeal and confirm the action of the Planning Commission as
set forth in Planning Commission Resolution No. 85-3-12-2.
2. ADOPTION OF THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE
(102.802)
Proposal:
Adoption of the 1984 Edition of the National Electrical
Code, pursuant to State law.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated April 16, 1985, forwarding an Ordinance for
adoption of the National Electrical Code, which preserved
all existing amendments and added two procedural
administrative amendments.
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.
Adoption of National Electrical Code. 1984 Edition:
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
Buchheim, seconded by Councilman Friess, that the following
Ordinance be introduced:
ORDINANCE NO. 536, AMENDMENT TO TITLE 8 OF THE
MUNICIPAL CODE (BUILDING REGULATIONS) - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTER 4, OF TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING
THE NATIONAL ELECTRICAL CODE, 1984 EDITION
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
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4/16/85
1. REZONE 85-1 (318.5)
Written Communications:
Report dated April 16, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of April 2,
1985, and was scheduled for adoption.
Ordinance Adoption Held Over:
Due to the absence of Councilman Bland, this item was held
over to the meeting of May 21, 1985.
2. MINOR EXPANSION OF NONCONFORMING USES IN SPE
Written Communications:
Report dated April 16, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of April 2,
1985, and was scheduled for adoption.
Adoption of Ordinance Held Over:
Due to the absence of Councilman Bland, this item was held
over to the meeting of May 21, 1985.
RESOLUTIONS
AMENDMENT TO ANIMAL FACILITIES RULES AND FEE SCHEDULE
(406.067/107.19)
Written Communications:
Report dated April 16, 1985, from the Senior Administrative
Assistant, advising that fees for the licensing of dogs had
been increased by the County to pay for service
improvements, including the hiring of additional personnel
to staff the contract areas. The report forwarded a
Resolution adopting the new fee schedule.
Adoption of Amended Fee Schedule:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
RESOLUTION NO. 85-4-16-2, ANIMAL FACILITY RULES AND FEE
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING RULES
AND REGULATIONS FOR ANIMAL FACILITIES, ADOPTING A FEE
SCHEDULE, AND AMENDING RESOLUTION NOS. 76-10-6-1 AND
84-6-5-4
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
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BIDS, CONTRACTS, AGREEMENTS
AND AUTHORIZATION TO
ILITIES
519.1
AND
Since his personal residence was in a Landscape Maintenance
District, Mayor Schwartze advised he would abstain from
commenting and voting on this item.
Written Communications:
Report dated April 16, 1985, from the Director of Public
Works, advising that specifications for the landscaping
services had been reviewed and updated to incorporate
additional qualifications. In order to establish the
continuity of seasonal landscape maintenance requirements
and to allow contractors and the City more flexibility in
the performance of tasks and fulfillment of work requests,
the report recommended the contract term be extended to two
years. Funds for landscape maintenance services will be
included in the 1985-86 budget; the 1984-85 expenditures
were approximately $115,000 for City properties; and,
$42,240 for the Landscape Maintenance Districts.
Approval of Specifications:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried with Mayor Schwartze
abstaining, to approve the specifications for the landscape
maintenance of City properties and the Landscape Maintenance
Districts and to authorize a call for bids.
2. AWARD OF BID FOR BRUSH CHIPPER (PUBLIC WORKS MAINTENANCE
MTVT0Tnh7% 101A 91
Written Communications:
Report dated April 16, 1985, from the Director of Public
Works, forwarding results of bids received for Brush
Chipper equipment. Funds in the amount of $13,500 were
allocated in Account No. 01-4440-330.
Award of Bid:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to accept the
bids as submitted and to award the bid for purchase of a
Public Works Maintenance Division Brush Chipper to the low
bidder, Morbark California, Inc., of Livermore, in the
amount of $11,610.98. All other bids were rejected.
3. AGREEMENT FOR AUDIT SERVICES (406.284)
Written Communications:
Report dated April 16, 1985, from the Director of
Administrative Services, advising that recent Federal law
changes require an annual audit of Revenue Sharing funds and
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special reporting for the Community Housing Corporation.
The report recommended approval of the one-year audit
proposal submitted by Peat, Marwick, Mitchell & Company,
noting that the firm is familiar with the various accounting
procedures and functions of the City and agencies involved
and will require less administrative time to complete the
audit function.
Approval of Proposal for Audit Services:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to approve the one-year
audit proposal submitted by Peat, Marwick, Mitchell &
Company for Fiscal Year 1984-85, in the amount of $15,000,
with an option to renew for two years.
ARTERIAL HIGHWAY
Written Communications:
Report dated April 16, 1985, from the Director of Public
Works, forwarding an agreement with the County for joint
funding of right-of-way acquisition for the Del Obispo
Street/Camino del Avion Traffic Safety Project. Total costs
were estimated at $70,000; the City's proportionate share
was estimated at $35,000. Funds were budgeted in Account
No. 06-4706-551.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to approve the
agreement between the City and the County of Orange for
Arterial Highway Financing Program No. 1141 - Del Obispo
Street and Camino del Avion, Southeast Quadrant
(400' southerly and 600' easterly) - Right -of -Way
Acquisition. The Mayor and City Clerk were authorized to
execute the agreement on behalf of the City.
EXECUTION OF CONTRACT, 1985
Written Communications:
Report dated April 16, 1985, from the Director of Public
Works, forwarding contract documents for the 1985 Weed
Abatement Program. The document had been completed by the
contractor and was ready for execution by the City. The
contract was awarded to Apple's Tractor Service at the
meeting of March 19, 1985.
Completion of Contract Documents:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to authorize the Mayor and
City Clerk to execute the 1985 Weed Abatement Program
contract on behalf of the City.
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RECESS AND RECONVENE
Council recessed at 8:04 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:07 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF ADMINISTRATIVE SERVICES
STATUS REPORT - STORER CABLE TELEVISION FRANCHISE TRANSFER
TO TIMES MIRROR CABLE (417.2/417.3)
Written Communications:
Report dated April 16, 1985, from the Director of
Administrative Services, advising that the Department of
Justice completed its investigation of the Storer/Times
Mirror franchise exchange and decided not to challenge the
transaction under the Federal Antitrust Laws. The report
provided an overview of the City's concerns and negotiations
with Times Mirror regarding the franchise transfer, as well
as proposed Ordinance amendments. The report also advised
that according to the Storer Cable TV franchise, Municipal
Code Section 7-2.13, a Public Hearing must be conducted
prior to any franchise transfer.
The Director of Administrative Services made an oral report,
advising that the proposed amendments would be made part of
an ordinance for consideration at the Public Hearing.
Set Public Hearing Date:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to set a Public Hearing
for the meeting of May 7, 1985, to consider the transfer of
the Storer franchise to Times Mirror and to amend the Times
Mirror franchise ordinance accordingly.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF ZONING ADMINISTRATOR DECISION - REQUEST FOR
ADJUSTMENT TO FRONT YARD SETBACK (WOODS) (318.3)
Proposal:
Appeal of the Zoning Administrator's March 18, 1985,
decision to deny a request to encroach two feet into the
front yard setback for the second floor over the garage for
construction of a single-family home located on Lot 5, Tract
9786 (28052 Paseo Aldonza). Current zoning is single-family
(RS), which requires a 20 -foot front yard setback.
Appellant:
Jerry Woods, 23512 Saint Elena, Mission Viejo, 92691.
Written Communications:
Report dated April 16, 1985, from the Director of Community
Planning and Development, forwarding background information
and a recommendation to uphold the Zoning Administrator's
decision.
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The Director of Community Planning and Development made an
oral report, citing concern that approval of the request
could set a precedent and noting that the lot was level and
the Zoning Administrator had determined that the home could
conform to Code requirements with only minor modifications
to the building design.
The following persons spoke in support of the appeal:
(1) Jerry Woods, appellant, presented a letter dated
April 8, 1985, from David Kramer, Vice President of the
Homeowners Association, stating the Association had no
objection to the encroachment.
(2) C. M. Thompson, C. M. Thompson, Inc., 625 West Katella,
Suite 18, Orange, 92667, architect for the project.
Approval of Appeal:
Following discussion, it was moved by Councilman Hausdorfer,
seconded by Councilman Buchheim, to approve the appeal and
the request for adjustment to the front yard setback. The
motion carried with Councilman Friess voting in the negative
due to concerns with setting a precedent for the overall
area.
2. APPEAL OF PLANNING COMMISSION DECISION - ARCH
CONTROL 84-13, ALLEN/SAN JUAN RENT -IT SERVICE
Proposal:
Appeal of the February 26, 1985, Planning Commission action
to require placement of 10 -foot masonry walls at the front
and rear property lines at the San Juan Rent -It Service on
Paseo Adelanto.
Appellant:
DevEnCo, P. O. Box 2158, Capistrano Beach, 92624.
Written Communications:
Report dated April 16, 1985, from the Director of Community
Planning and Development, forwarding a request from the
appellant to continue the item to the next available meeting.
Item Continued:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried to continue the appeal
to the meeting of May 7, 1985.
3. FINAL DETERMINATION - SPOTTED BULL ANNEXATION (401.12)
Written Communications:
(1) Report dated April 16, 1985, from the Director of
Community Planning and Development, advising that no
protests were received in conjunction with the required
protest hearing for the Spotted Bull Annexation held on
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March 19, 1985.
$350 State Board
the annexation.
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The report advised that there was a
of Equalization fee for completion of
(2) Revised Resolution for completion of the annexation,
adding specific language to provide for the
utilization of the same sideyard setbacks as the
previous County zoning for the Spotted Bull residential
area, future equestrian trail access to the Spotted
Bull area, and the continuation of existing
nonconformities.
The Director of Community Planning and Development made an
oral report, advising that the Resolution had been revised
in response to concern expressed by residents of the Spotted
Bull area.
Roger Morgan, 29512 Spotted Bull Lane, expressed
appreciation for the efforts of Council and staff in the
annexation process.
Completion of Annexation:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, that the following Resolution be
adopted as revised:
RESOLUTION NO. 85-4-16-3, COMPLETION OF SPOTTED BULL
ANNEXATION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE
COMPLETION OF THE SPOTTED BULL ANNEXATION
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Bland
The Resolution ordered completion of the annexation in
accordance with provisions of State law and subject to the
LAFCO condition that " . prior to the issuance of
building permits, the City of San Juan Capistrano shall
require the property owner to participate in the Major
Thoroughfare and Bridge Fee Program as though the property
were within the unincorporated area of the County."
Staff was authorized to forward the necessary fee to LAFCO
for completion of the annexation.
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524
DIRECTOR OF PUBLIC WORKS
1. CONSTRUCTION EASEMENT, CAMINO CAPISTRANO BRIDGE RIGHT-OF-WAY
(COLLINS DIVERSIFIED) (407.1/804.2)
Written Communications:
Report dated April 16, 1985, from the Director of Public
Works, advising that an executed easement had been received
for construction purposes; however, conditions of the
easement needed modification in order to fully -implement the
landscaping plan. The report advised staff would continue
to work on the conditions and, if they could be resolved,
would modify the proposed improvements or commence a
condemnation procedure. The report requested the item be
held over pending resolution of the matter.
Item Held Over:
With the concurrence of Council, Mayor
item held over pending resolution of
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4
Schwartze ordered the
conditions.
There was a consensus of Council to direct staff to report
in conjunction with the Planning Commission's
recommendation regarding adoption of an urgency ordinance
dealing with a prohibition on severe tree trimming within
the City.
There was a consensus of Council to direct staff to report
regarding the Commission's request for initiation of a study
of imposition of fees on stables to offset the cost of
providing support services for horses boarded within the
City. Discussion ensued and Councilman Friess was advised
that licensing of horses will be considered as part of the
1985-86 budget. There was further consensus that the
Community Services Department conduct a survey of the
current horse population and if there is a significant
increase, the Equestrian Commission be requested to report
on methods of handling the increase and the City's ability
to cope.
The Report dated April 16, 1985, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of April 9,
1985, was ordered received and filed.
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EQUESTRIAN COMMISSION
1.
525
TRAIL ALIGNMENT, 32052 COOK LANE
Proposal:
Consideration of a request to modify a trail alignment
adjacent to Calle Ricardo.
Applicant:
Kenneth B. Deck, 32052 Cook Lane.
Written Communications:
Report dated April 16, 1985, from the Director of Community
Services, forwarding background information and the
Equestrian Commission recommendation of approval of a
modified trail alignment subject to conditions.
Approval of Revised Alignment:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to approve the
revised trail alignment for Lot 5, Tract 9682, subject to
the following conditions:
(1) Applicant to dedicate and improve a 10 -foot -wide
easement on the south (side) and west (front) property
lines. Said improvements to include trail fencing and
provision for a non -slip surface across the driveway
portion located within the revised easement.
(2) City, in lieu of trail, dedication (revised alignment),
shall vacate an irrevocable offer for equestrian trail
purposes on the north (side) and east (rear) property
lines.
The Quitclaim for the irrevocable offer was approved for
recording: the Mayor and City Clerk were authorized to
execute the document on behalf of the City. The Easement
Deed was accepted for recording.
COUNCIL REMARKS
1. HEAVY EQUIPMENT PARKING (309.2/905.2)
In response to Councilman Buchheim's suggestion that the
County be contacted regarding lease of an area at the Prima
Deshecha Dump for parking of heavy equipment and trash
trucks, the City Manager advised that the County had
declined a lease to private operators and had not yet
responded to a proposal to consider a lease to the City or
the Community Redevelopment Agency for temporary relocation
facilities; staff will continue their efforts in the matter.
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5. LIBRARY LANDSCAPING (702.1
Councilman Friess requested a status report regarding
landscaping and budgeting for the east side of the Library.
CLOSED SESSION
Council recessed to a Closed Session at 8:53 p.m., for discussion
of litigation pursuant to Government Code Section 56093(c), the
City Clerk being excused therefrom, and reconvened at 9:17 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:17 p.m., to the next regular meeting date of
May 7, 1985, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
MOO
ATTEST:
PHILL R. SCHWARTZE, roR
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526
2.
LETTER FROM AL ARPS (411.1)
Councilman Friess noted receipt of a letter from Al Arps
regarding mobile home legislation and was advised the item
would be scheduled for consideration on May 7, 1985.
3.
GRAFFITI IN FLOOD CONTROL AREAS (420.1)
Councilman Friess was advised that the Flood Control
District had been contacted regarding permission for City
personnel to remove graffiti in flood control areas; that
staff was investigating a graffiti removal program using
Orange County minimum security prisoners and donated paint.
4.
LOS CORRALES LANDSCAPING (316.1/421.2)
Councilman Friess noted the poor condition of the
landscaping at the entrance to the Los Corrales development
and was advised that some additional color planting will
occur; that large bushes will eventually predominate; and,
the area was kept under observation.
5. LIBRARY LANDSCAPING (702.1
Councilman Friess requested a status report regarding
landscaping and budgeting for the east side of the Library.
CLOSED SESSION
Council recessed to a Closed Session at 8:53 p.m., for discussion
of litigation pursuant to Government Code Section 56093(c), the
City Clerk being excused therefrom, and reconvened at 9:17 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:17 p.m., to the next regular meeting date of
May 7, 1985, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
MOO
ATTEST:
PHILL R. SCHWARTZE, roR
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