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83-0920_CC_Minutes_Regular Meeting323 SEPTEMBER 20, 1983 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 Bland at 7:06 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Roger Boatman, Community Christian Church. ROLL CALL PRESENT: Anthony L. Bland, Mayor Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: Gary L. Hausdorfer, Mayor pro tem STAFF PRESENT: Stephen B. Julian, City Manager; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording Secretary. MINUTES Regular Meeting of September 9, 1983: It was moved by Councilman Schwartze, seconded by Councilman Friess that the Minutes of the Regular Meeting of September 9, 1983, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, and Mayor Bland NOES: None ABSTAIN: Councilman Buchheim ABSENT: Councilman Hausdorfer 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, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer -1- 9/20/83 r 324 ORAL COMMUNICATIONS 1. TRUCK TRAFFIC, AVENIDA SIEGA (87) Galen Seal, 28522 Paseo Diana, advised that truck traffic on Avenida Siega had begun again on the first day of school. He presented pictures showing trail fencing knocked over at the intersection of Avenida Siega and Ortega Highway and expressed concern for the safety of the children who use the trail to walk to Ortega Highway to catch school buses. He stated that he had been advised by the City that Mr. Lacouague has a lease to allow six trucks to park on his property and permission to drive across City property in the area. Councilman Friess also noted early morning noise problems experienced by nearby residents and stated that operation of the trucks should be controlled by a Conditional Use Permit. Report October 6: Following discussion, there was a consensus of Council that staff investigate and report at the October 6th meeting regarding the legality of the access agreement with Mr. Lacouague and permitted uses for trucks on that property; and, to work toward redirecting truck traffic away from routes used by children walking to and from school. CONSENT CALENDAR It was moved by Councilman Schwartze, 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, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer 1. APPROVAL OF WARRANTS (41) The List of Demands dated September 20, 1983, Warrant Register No. 84-032, in the total amount of $299,401.43, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of August 31, 1983, in the total amount of $5,960,000.00, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report advising that there were no 1911 Act Bond Delinquencies as of August 31, 1983, was approved as submitted. -2- 9/20/83 325 4. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF SEPTEMBER 12, 1983 (23) The Report dated September 20, 1983, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of September 12, 1983, was ordered received and filed. 5. APPROVAL OF LIBRARY CONTRACT CHANGE ORDER NO. 15 (52) As set forth in the report dated September 20, 1983, from the Senior Administrative Assistant, Change Order No. 15, in the amount of $8,997.50, for miscellaneous work and a 6 -day time extension to September 28, 1983, was approved. 6. COMPLETION OF OLD FIRE STATION RENOVATION (GABRIEL (62) The modification and renovation work on the four buildings and site of the Old Fire Station for conversion to Recreation Department uses has been completed by Gabriel Construction Company, as set forth in the report dated September 20, 1983, from the Director of Public Works. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 83-9-20-1, COMPLETION OF CONSTRUCTION MODIFICATIONS OF THE EXISTING CITY OLD FIRE STATION BUILDINGS AND SITE (GABRIEL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION MODIFICATIONS OF THE EXISTING CITY OLD FIRE STATION BUILDINGS AND SITE (GABRIEL) The Resolution accepts the project as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Payment status was as follows: Total Construction Costs $124,990.00 Less 108 Retention 12,499.00 Less Previous Payments 105,368.12 Balance Due 7,122.88 Staff was authorized to make payment as indicated and to release the 108 retention 35 days after recordation of the Notice of Completion. -3- 9/20/83 326 PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION DECISION - CONDITIONAL USE PERMIT 83-5, LOT 4, TRACT 9030 (ZIEBARTH CAPO RANCHES) (67) Proposal: (85) Consideration of an appeal of the August 23, 1983, Planning Commission denial of a site plan for Lot 4, Tract 9030, to add as accessory structures a 2,000 -square -foot barn, 6,300 -square -foot pond, tennis court and viewing area, and two 20 -foot -high wind machines and a Conditional Use Permit for lighting of the tennis court. The lot is zoned RA (Small Farm) and consists of approximately 3.5 acres lying within the HM (Hillside Management) District. Adjacent uses are residential. The appellant also requested an adjustment from the grading standards for construction of the tennis court. Appellant: Gary and Pam Ziebarth, 21846 Huron, E1 Toro, 92630. Written Communications: Report dated September 20, 1983, from the Director of Community Planning and Development, forwarding background information and a recommendation to confirm the Planning Commission action. Exhibits were on display and Mr. Merrell made an oral report noting Planning Commission concerns that the use was too intensive for the hillside property and substantial grading would be required; that the project was not consistent with RA zoning; that lighting of the tennis courts could create problems; and, that the wind machines may have adverse impacts on surrounding properties. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded: (1) Brion Jeannette, Architect, 470 Old Newport Boulevard, Newport Beach, 92663, spoke in favor of the project, advising that the plans received by Council were the same plans reviewed by the Planning Commission. He refuted concerns cited in the staff report with regard to inconsistency with RA zoning and ridgeline impacts; discussed placement of the accessory structures in relation to the lot terrain; and, described the method of construction of the proposed pond. He advised that the appellants would agree to eliminate the tennis court; that the size of the pond could be reduced; and, requested that grading for the barn and pond be approved. He further advised that the wind machines could be relocated to mitigate noise impacts. -4- 9/20/83 327 (2) Roy Byrnes, 28355 Ortega Highway, spoke in opposition to the project, citing concerns regarding failure of the pond; placement in a geologically unstable area; and, potential future engineering problems created by the pond. He stated difficulty in evaluating the project when the components continue to change. Mr. Jeannette advised that only one unstable area exists near the road and will be corrected. (3) Milton Long, 28333 Ortega Highway, spoke in opposition to the project and cited concerns with the impacts of an intentional drainage of the pond. Mr. Jeannette advised that algae will be controlled biologically. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Council Discussion: Councilman Buchheim recommended that drainage of the pond should be to an offsite facility rather than the open drainage course and cited concerns with the piecemeal fashion in which the project had been presented. Councilman Friess stated the need to evaluate grading impacts in more depth and concurred that emergency drainage of the pond be directed away from downhill homes. He suggested that the wind machines be controlled by a Conditional Use Permit with requirements for sound, safety and visual impacts. Councilman Schwartze and Mayor Bland concurred that a Conditional Use Permit would be a reasonable approach to controlling wind machines. Councilman Schwartze cited his support of the project, stating that all concerns could be mitigated or placed under conditions. Mayor Bland cited concerns with the wind machines, the pond, disruption to the area, and the general intensity of use. Referral to Planning Commission: It was moved by Councilman Buchheim, seconded by Councilman Friess and carried with Councilman Schwartze voting in the negative, to refer the item back to the Planning Commission for review of a plan showing the deletion of the tennis court and reduction of the lake, as verbally offered. ORDINANCES 1. ADOPTION OF PARKLAND DEDICATION STANDARDS (55) Written Communications: (62) Report dated September 20, 1983, from the City Clerk, (85) advising that the Ordinance was regularly introduced at the meeting of September 6, 1983, and was scheduled for adoption. -5- 9/20/83 Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all ordinances had been waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Friess that the following Ordinance be adopted: ORDINANCE NO. 493, AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - PARKLAND DEDICATION STANDARDS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 9-4.3 OF THE MUNICIPAL CODE RELATING TO PARKLAND DEDICATION STANDARDS The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, and Mayor Bland NOES: None ABSTAIN: Councilman Buchheim ABSENT: Councilman Hausdorfer RECESS AND RECONVENE Council recessed at 8:22 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:29 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. DOG COMPLAINTS - 25802 PASEO DE LA PAZ (OUBINA (72) Written Communications: Report dated September 20, 1983, from the City Manager, responding to concerns raised by residents regarding activities at the Oubina residence, particularly relating to the keeping of dogs; and explaining the process established by County Animal Control to insure successful prosecution by the District Attorney if necessary. The report advises that the City Attorney has been directed to pursue prosecution of land use violations for the keeping of four or more dogs on the property, which constitutes a commercial kennel, and for operating a business illegally from the residence without proper licensing. The report also advises that the residents have been encouraged to pursue the nuisance complaint process with Animal Control. -6- 9/20/83 329 The City Manager made an oral report, discussing the setback conflicts of the multi-purpose stable building and land use and home occupation violations. Mr. Merrell noted Mr. Oubina's request to modify the conditions of approval of the tree removal permit to approve planting that has taken place. Mayor Bland suggested that the City's Ordinance be reviewed in terms of alleviating the nuisance problem created by large dog litters and the length of time they may be kept. Walter Wood, 25801 Paseo de la Paz, urged adherence to the original condition requiring planting of four 36 -inch box trees as replacements for five olive trees which were removed, and suggested that a Letter of Certification be required regarding the location of the accessory structure. Tree Planting/Letter of Certification: Following discussion, it was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to require planting of four 36 -inch box trees and to require a Letter of Certification to verify the location of the building. The report was ordered received and filed. 2. APPROVAL OF AGREEMENT WITH CONCEPT COMMUNICATIONS (VASQUEZ)(38-#373) (24) Written Communications: (34) Report dated September 20, 1983, from the City Manager, (38) forwarding an agreement with Concept Communications to provide an additional $12,500 for the production of La Historia de Capistrano and to allow the City to use a duplicate film using a different narrator as a fund raising mechanism. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim to approve the request by Concept Communications for $12,500 and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Councilman Friess suggested that Items 2, 3 and 4 be amended to provide that should the Producer be unable to perform the requirements to administer, promote and operate the film, the City take over the function and receive 100% of the proceeds; that the start-up costs be limited to approximately $2,000; and, that any funds the City puts forth for showing the film should be reimbursed to the City before profits are split. With the concurrence of the second, Councilman Schwartze amended his motion to include Councilman Friess' suggestions. The motion carried unanimously. -7- 9/20/83 s DIRECTOR OF ADMINISTRATIVE SERVICES 1. ESTABLISHMENT OF RULES AND REGULATIONS FOR CABLE TELEVISION SYSTEMS (43) Written Communications: _ Report dated September 20, 1983, from the Director of Administrative Services, forwarding an ordinance amending the City's cable television ordinance to establish rules and regulations and a summary of the mutually agreed upon changes with Storer Cable TV. The report advises that Times Mirror had not paritcipated discussions regarding concerns and clarifications to the existing ordinance. The Director of Administrative Services gave an oral report, advising that the amendments provided clarifications and subscriber protection. Council discussed the provision for subscriber refunds for outages of 24 consecutive hours; staff was directed to review consecutive and cumulative outages for possible future amendments. Approval of Rules and Regulations: 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 Schwartze that the following Ordinance be introduced: ORDINANCE NO. 494, CABLE TELEVISION SYSTEMS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 7, CHAPTER 2, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS FOR CABLE TELEVISION SYSTEMS The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Schwarzte, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT (SERRA) (79) Written Communications: `',, Report dated September 20, 1983, from the Director of Public Works, summarizing items that were discussed at the September SERRA Board of Directors meeting. -8- 9/20/83 The Director of Public Works made an oral report, and invited Council to attend the September 29th hearing on the complete SERRA Master Plan. With the concurrence of Council, Mayor Bland directed that the report be received and filed. DIRECTOR OF RECREATION 1. SPRING QUARTERLY RECREATION PROGRAMS REPORT - 1983 (62) Written Communications: Report dated September 20, 1983, from the Director of Recreation, forwarding the Quarterly Recreation Programs Report for Spring, 1983. The Director of Recreation advised that the format had been changed to show more of the direct and indirect costs of the programs. With the concurrence of Council, Mayor Bland directed that the report be received and filed. COMMISSIONS, BOARDS, COMMITTEES EQUESTRIAN COMMISSION 1. ACCEPTANCE OF PERIPHERAL EQUESTRIAN/HIKING TRAILS THE HUNT CLUB, TRACT 6305 (85) As set forth in the report dated September 20, 1983, from the Director of Recreation, the item was continued to the meeting of October 18, to complete investigations into easements for access to the trails. PLANNING COMMISSION 1. REPORT OF MEETING OF SEPTEMBER 13, 1983 (67) The Report of Actions taken by the Planning Commission at their meeting of September 13, 1983, was ordered received and filed. COUNCIL REMARKS 1. FREEWAY LANDSCAPING (44) Councilman Schwartze noted a letter dated September 12 from City of Orange Mayor Jim Beam, the representative to the Orange County Transportation Commission, requesting a resolution in support of a program providing a minimal, annual funding level for freeway landscaping through the State Transportation Improvement Program. Councilman Schwartze recommended that a Resolution of support be prepared for the meeting of October 6, 1983. -9- 9/20/83 332 2. LEAGUE OF CALIFORNIA CITIES CONFERENCE (61) Councilman Schwartze suggested that Council Members who will be attending the Annual League of California Cities Conference attend the Orange County Division breakfast on Tuesday, October 4. 3. SEMINAR - NEW DEVELOPMENT FINANCING (85) Councilman Schwartze noted a seminar to be held in Garden Grove on November 10th regarding methods of financing new development and suggested that Council Members attend. 4. LEGISLATION - ASSEMBLY BILL 895 (51) Councilman Friess requested a report on the effects of Assembly Bill 895 on the City. 5. CABLE TELEVISION CHARGES IN MOBILE HOME PARKS (23) Councilman Friess noted a report from the Director of (43) Administrative Services, dated September 19, regarding various methods of charging for cable service in mobile home parks. There was a consensus of Council that the matter be referred to the Mobilehome Park Review Committee. 6. CERTIFICATE OF APPRECIATION (36) It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to prepare and forward a Certificate of Appreciation to Fire Battalion Chief Allan Hazard for his service to the City. Chief Hazard is terminally ill with cancer. CLOSED SESSION Council recessed to a Closed Session at 9:25 p.m., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 10:06 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:06 p.m., to the next regular meeting date of Tuesday, October 4, 1983, at 7:00 p.m., in the City Council Chamber. _ Due to the Annual League of California Cities Conference, the meeting will be adjourned to Thursday, October 6, 1983. Respectfully submitted, f � r -k 'CITY ANTHONY L. LAND -10- 9/20/83