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
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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.
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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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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 �
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ANTHONY L. LAND
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