88-0301_CC_Minutes_Regular Meeting105
MARCH 1, 1988
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 7:00 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Homer
Waisner, Jr., Ocean Hills Community Church.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City
Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Robert G. Boone,
Director of Administrative Services; William D. Murphy, Director of Public Works;
Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker,
Director of Community Services; Cheryl Johnson, Recording Secretary.
MINUTES
Adjourned Regular Meeting of February 9, 1988:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that the
Minutes of the Adjourned Regular Meeting of February 9, 1988, be approved as
submitted. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Hausdorfer, and Mayor Bland
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Regular Meeting of February 16, 1988:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of February 16, 1988, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: None
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MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Friess, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
PROCLAMATION - FIESTA DE LAS GOLONDRINAS
MARCH 19 - 26, 1988 610.40
Written Communications:
Report dated March 1, 1988, from the City Clerk, forwarding the Proclamation.
Approval of Fiesta de las Golondrinas:
Mayor Bland read the Proclamation in full and with the consensus of Council,
proclaimed the week of March 19, 1988, through March 26, 1988, as the "Fiesta de
las Golondrinas." Kathy Holmes and Members of Fiesta Association, were present to
accept the Proclamation.
2. PROCLAMATION DESIGNATING
AS
Written Communications:
Report dated March 1, 1988, from the City Clerk, forwarding the Proclamation.
Approval of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council,
proclaimed the month of March, 1988, as "Red Cross Month." Joyce Harvey, a
volunteer with the Orange County Chapter of the American Red Cross was present
to receive the Proclamation.
ORAL COMMUNICATIONS
I. FRIENDS OF HISTORIC SAN JUAN CAPISTRANO (910.20)
John Tatum, 31086 Via San Vicente, presented a letter listing 5 recommendations,
including creation of a new City position to act as a cultural manager for the City;
appointment of a Native representative to the Cultural Arts and Heritage
Commission; and establishment of a policy for removal of trees from historic sites.
Mr. Tatum also presented a letter dated February 16, 1988, from Gil Sanchez,
President of the California Mission Studies Association, 3022 Glen Canyon Road,
Santa Cruz, 95060, requesting a complete copy of the environmental impact report
and supporting material for the recent archaeological investigations in the downtown
area.
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2. DRUG ENFORCEMENT
Diane O'Brien stated her desire to make the residents of the City aware of activities
relating to the existence of illegal drugs in the City.
WRITTEN COMMUNICATIONS
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 Schwartze, Friess, Buchheim
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
APPROVAL OF WARRANTS (300.30)
The List of Demands dated February ll, 1988, Warrant Nos. 6,295-6,302, 6,304-
6,306, and 6,397-6,573, in the total amount of $2,240,243.84, was approved as
submitted.
2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of January 31, 1988, in the
total amount of $336,202.99 was approved as submitted.
3. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated March 1, 1988, from the Secretary of the Equestrian Commission,
regarding actions taken at the meeting .of February 22, 1988, was ordered received
and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated March 1, 1988, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of February 16, 1988, was
ordered received and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated March 1, 1988, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of February 23, 1988, was ordered received
and filed.
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6. APPROVAL OF FINAL MAP - PARCEL MAP 87-367
HOME FEDERAL SAVINGS AND LOAN 420.70
As set forth in the report dated March 1, 1988, from the Director of Public Works,
Final Parcel Map 87-367, which divided property located at the northeast corner of
Camino Capistrano and Del Obispo street into two commercial parcels, was
approved with the finding that it was in substantial conformance with the approved
Tentative Map. The City Engineer and City Clerk were authorized to execute the
map for forwarding to the Orange County Recorder.
7. DENIAL OF CLAIM (TYLER PIPE COMPANY, INC.) (170.70)
The Claim for indemnification in a lawsuit against the City and the Capistrano
Valley Water District by Lee and Donna Hartman, received by the City on
February 5, 1988, Superior Court No. 52 56 35, for damages resulting from a broken
water line, was denied, as set forth in the report dated March 1, 1988, from the City
Attorney.
8. DENIAL OF CLAIM (FATIMA AND FARAH HINDIYEK) (170.70)
The Claim received by the City on February 8, 1988, from Attorney Harvey L.
Decker, on behalf of Fatima and Farah Hindiyek, in an amount of $100,000 and
$25,000, respectively, for personal injuries, was denied, as set forth in the Report
dated March 1, 1988, from the City Attorney.
9. ACCEPTANCE OF GRANT FUNDS (TRABUCO CREEK BII
As set forth in the report dated March 1, 1988, from the Director of Public Works,
the following Resolution accepting Senate Bill 244 grant funds in the amount of
$34,650, for construction of a bike trail along the north levee of Trabuco Creek from
Camino Capistrano to Rancho Viejo Road, was adopted:
1-1. ACCEPTANCE OF GRANT
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE ACCEPTANCE OF GRANT
FUNDS - TRABUCO CREEK BIKEWAY
The Mayor and City Clerk were authorized to execute the Local Agency - State
Bicycle Lane Account Agreement No. 7-88, to construct a C1-1 bikeway, known as
the Trabuco Creek Bikeway.
PUBLIC HEARINGS
1. WESTSIDE ANNEXATION NO. 2 - PROTEST HEARING
CONTINUED 620.20
This item was continued from the meeting of February 9, 1988 for verification of
signatures.
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Written Communications:
Report dated March 1, 1988, from the Assistant City Manager, advising that review
of the signatures and protests was not complete prior to the agenda deadline and a
report would be provided at the meeting.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing.
The Assistant City Manager advised that upon closing of the Public Hearing a final
determination could be made and presented at the next Council meeting. He advised
that there would either be sufficient valid protests to terminate the proceedings, or
the issue could be set for the November 8th election.
Final Determination:
With the consensus of Council, Mayor Bland directed that a final determination be
scheduled for the meeting of March 15, 1988.
2. APPROVAL OF TEMPORARY STREET CLOSURES - ANNUAL
Proposal:
Application for a parade permit and associated street closures made by the San Juan
Capistrano Fiesta Association for the annual Fiesta de las Golondrinas Parade,
scheduled for Saturday, March 26, 1988, beginning at 11:00 a.m.
Applicant:
San Juan Capistrano Fiesta Association, P. O. Box 532, San Juan Capistrano, 92693.
Written Communications:
Report dated March 1, 1988, from the Director of Public Works, forwarding the
application and proposed parade route. Costs for providing necessary traffic
control, sanitary facilities, and Public Works personnel, were estimated at $2,000.
Public Hearing:
Notice having been given as required by law, Mayor Bland 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 issuance of a parade permit to the San Juan
Capistrano Fiesta Association. Closure of the following streets between 5:30 a.m.,
and 3:00 p.m., on Saturday, March 26, 1988, for parade assembly and disassembly,
was approved:
El Camino Real between Ortega Highway and La Zanja Street;
La Zanja Street between Camino Capistrano and easterly terminus;
Acjachema Street between Camino Capistrano and easterly terminus;
E1 Horno Street between El Camino Real and easterly terminus;
La Matanza Street between El Horno Street and Acjachema Street;
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La Calera Street between El Horno Street and Acjachema Street;
Spring Street between El Camino Real and easterly terminus;
Don Juan Avenue between EI Camino Real and easterly terminus;
Andres Pico Road between Don Juan Avenue and easterly terminus;
Guadalupe Street between La Zanja Street and Don Juan Avenue; _
Ysidora Street between Don Juan Avenue and northerly terminus;
Paseo Naranja between La Zanja Street and northerly terminus; and,
Paseo Nogal between La Zanja Street and northerly terminus.
Closure of the following streets between 9:00 a.m., and 3:00 p.m., on Saturday,
March 26, 1988, for the period prior to, during, and after the parade, was approved:
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 1-5 Freeway;
El Camino Real between Ortega Highway and Forster Street;
La Zanja Street between Los Rios Street and Camino Capistrano;
Yorba Street between Camino Capistrano and El Camino Real;
Forster Street between Camino Capistrano and El Camino Real; and,
Verdugo Street between Multimodal Terminal and Camino Capistrano.
3. MODIFICATION TO SECTION 9-3.607(e) OF TIT
Proposal:
Consideration of modification to existing tennis court standards to clarify the intent
of the standards and to resolve problems associated with present requirements.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated March 1, 1988, from the Director of Community Planning and
Development, advising that since adoption of the tennis court regulations in 1982, a
large number of adjustments had been approved which met the intent of the
regulations but were not in conformance with the standard. The report suggested
consideration of standards requiring that the total depth of fill area shall not exceed
four feet in height; that the use of retaining walls to support the fill be prohibited;
that the total depth of cut area not exceed 12 feet in height provided the cut slope
or retaining wall is not visible from adjoining properties. Tennis courts on sites
containing natural slopes in excess of 25% shall be prohibited.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Tennis Court Standards:
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 Buchheim that the following Ordinance be
introduced:
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il
\. QI I. J11l\uCll\u.] - III vl\v 'III III �" vI I I I" l II , v .](u\
JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-
3.607(eX2) OF THE MUNICIPAL CODE RELATING TO
GRADING FOR TENNIS COURT DEVELOPMENT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
Proposal:
Consideration of an appeal of the January 26, 1988, Planning Commission action to
conditionally approve various accessory structures and to delete the additional 69
horses and additional barn structures from consideration with the application for
modification of Conditional Use Permit 81-5; and, the appeal of Condition No. 3
requiring participation in Trabuco Creek improvements. The stable is located at
31441 Avenida de la Vista and is approximately 14.6 acres in size. The project is
located within the GM (Growth Management) District and the FP -1 (FLoodway)
Overlay District. Surrounding uses include residential to the east, a wholesale
nursery to the south, and equestrian stables to the north and west. The existing
Conditional Use Permit allowed 296 horses.
Applicant:
Jerry Harris, Rancho Sierra Vista Stables, 31441 Avenida de la Vista, San Juan
Capistrano.
Written Communications:
1 Report dated March 1, 1988, from the Director of Community Planning
and Development, forwarding background information, and a
recommendation to uphold the decision of the Planning Commission.
(2) Letter dated March 1, 1988, from Richard Bergner, 3907 Del Campo,
San Clemente, 92672, opposing the additional horses on the site.
(3) Letter dated March 2, 1988, from Jerry V. Harris, applicant, requesting
continuation of the hearing for two weeks to allow additional time to
resolve an issue related to flood control.
Continuation of Public Hearing:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried to continue the Public Hearing to the meeting of March 15,
1988.
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RECESS AND RECONVENE
Council recessed at 7:30 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:33 p.m.
ADMINLSTRATIVE ITEMS
CITY MANAGER
RESOLUTION AMENDING INVENTORY OF HISTORICAL AND
CULTURAL LANDMARKS ESSLINGER BUILDING 910.40
This item was continued from the meeting of February 16, 1988.
Written Communications:
Report dated March 1, 1988, from the Secretary to the Cultural Arts and Heritage
Commission, advising that although the building was found to be approximately 49
years of age, the Commission had reaffirmed its recommendation for placement on
the Inventory.
Placement on Inventory of Historical and Cultural Landmarks:
It was moved by Councilman Buchheim, seconded by Councilman Friess that the
following Resolution be adopted:
RESOLUTION NO. 88-3-1-2, INVENTORY OF HISTORICAL AND
CULTURAL LANDMARKS ESSLINGER HOUSE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AN
INVENTORY OF HISTORICAL AND CULTURAL LANDMARKS
AND RESCINDING RESOLUTION NO. 86-11-18-2
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
CITY CLERK
1. CITIZENS SENSIBLE GROWTH AND TRAFFIC CONTROL _
INITIATIVE PETITIONS - VERIFICATION OF SIGNATURES (660.30)
Written Communications:
Report dated March 1, 1988, from the City Clerk, advising that the initiative
petitions were accepted for filing on February 9, 1988, and forwarded to the
Registrar of Voters for signature verification. The Registrar's Certificate indicates
that 1,672 signatures were found to be valid, which represented 14.49% of the City's
registered voters as of the date the Notice to Circulate Petition was published. The
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report set forth the following four options available to Council since the Petition
contained less than 15% of the registered voters:
(1) Introduce the Ordinance without change and adopt it within ten days;
(2) Order a special election (consolidate with June 7, 1988, County
elections);
(3) Submit the initiative to the voters at the April, 1990, regular City
election;
(4) Submit the initiate to the voters at any election date prior to April,
1990.
The City Clerk made an oral report, noting that the proponents had been 59
signatures short of the 15% figure which would have required an immediate
election. She cited the options available to Council.
Councilman Friess noted that citizen involvement and desire to maintain the
uniqueness of the City had been an important factor in development of the City's
growth management regulations. He commended the proponents for their efforts
and stated that their gathering of signatures revealed that the residents were still
interested in maintaining the community's lifestyle. He stated that the only
significant difference between the City's growth management regulations and the
requirements of the initiative pertained to standards of traffic flow, and the
initiative would not make a significant difference on current City operations. He
advised that the Board of Supervisors had placed the initiative on the June ballot and
suggested that by placing the initiative on the November ballot, San Juan Capistrano
residents would have sufficient time to gain a clearer understanding of the operation
of the initiative and its impacts.
Public Input:
1 T Ilse Byrnes, 28355 Ortega Highway, received clarification as to why the
initiative had not already been adopted by Council.
(2) Phillip Weissburg, petitioner, 31196 Via San Vicente, stated that the
residents of San Juan were enthusiastic about the initiative and their
desire to preserve the uniqueness of the City. He acknowledged the
leadership role taken by the City in growth management and stated that
the concern of the proponents was to have a system that could not be
replaced by any future councils. He requested that the initiative be put
on the June ballot.
(3) Al Arps, 32301 Alipaz Street, Space 158, noted his involvement in the
petition process, stating there had been no violation of the law. He
urged that the initiative be placed for election at the earliest date
possible.
(4) Gil Jones, 31791 Los Rios Street, cited concerns that incorrect and
misleading information was being distributed. He concurred with
placement of the issue on the November ballot to allow time for a clear
understanding of the pros and cons.
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Council noted that the November Presidential Election draws the highest percentage
of voter turnout and would allow time for the residents to gain an understanding of
the item.
Item Scheduled for November Election:
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and
unanimously carried to place the initiative on the November 8, 1988, election.
DIRECTOR OF ADMINISTRATIVE SERVICES
ANCE OF THE 1986-87 FINANCIAL REPORT AND AUDIT (31
Written Communications:
Report dated March 1, 1988, from the Director of Administrative Services,
forwarding the Comprehensive Annual Financial Report for the fiscal period ended
June 30, 1987, and advising that it meets all requirements of the National Council on
Governmental Accounting. The report advised that the independent auditors, Peat,
Marwick, Main & Company did not locate any financial discrepancies or areas of
accounting concerns.
Acceptance of Report:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to accept the Financial Report and examination by the City's
independent auditors, Peat, Marwick, Main and Company.
RECESS AND RECONVENE
Council recessed at 8:12 p.m., and reconvened at 8:17 p.m.
2. RESOLI TION APPROVING BUDGET AMENDMENTS,
1986-87 FISCAL YEAR 330.20
Written Communications:
Report dated March 1, 1988, from the Director of Administrative Services,
forwarding a Resolution listing appropriations for additional expenditures approved
by City Council during the 1986-87 Fiscal Year, and confirming previously approved
Council amendments.
Approval of 1986-87 Budget Amendments:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the
following Resolution be adopted:
UTION NO. 88-3-1-3, AMENDING THE 1986-87 FISCAL
u�uV�:.i nivu n�invR1L11VV nr r[wrivn uvivo - n
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE 1986-87
FISCAL BUDGET AND AUTHORIZING APPROPRIATIONS
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The motion carried by the following vote:
115
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
TOR OF COMMUNITY PLANNING AND DEVELOPMENT
- DENIAL OF
Proposal:
Consideration of an appeal of Condition No. 9 of Planning Commission Resolution
No. 88-1-26-2, which required Burger King letter signs to be non -illuminated or
externally illuminated with wood sandblasted logo signs; total signage not to exceed
40 square feet. The applicant had proposed a total of 72.4 square feet of signage.
The proposed Burger King project is located along the westerly side of Doheny Park
Road at its intersection with Camino Capistrano in the Price Club Center on
Building Pad B. Surrounding uses include the Villa San Juan Mobile Home Park to
the north, Capistrano Valley Plaza to the south, and the AT&SF Railroad to the
west. Residential and commercial uses are located to the east across Doheny Park
Road. The property is located within the Planned Development District; the specific
uses and development standards are governed by Specific Development Plan 87-1.
Applicant:
Mr. Michael A. Mayer, President, Double M. Restaurants, Inc., 16105 Brookhurst
Street, Fountain Valley, 92708.
Written Communications:
Report dated March 1, 1988, from the Director of Community Planning and
Development, forwarding background information and a recommendation to confirm
the action of the Planning Commission. The report advised that the Planning
Commission had denied the original signage proposal because it exceeded the
maximum permitted by the Planned Development District development regulations.
In addition, the Disposition and Development Agreement with the property owner
required signs to be compatible with the architectural theme of the center and in
conformance with the Planned Development District regulations.
Exhibits were on display and Dan Fox, Assistant Planner, made an oral report, noting
that the Planning Commission's action to limit the signage to a total of 40 square
feet was in compliance with the Capistrano Beach Specific Plan.
The Director of Community Planning and Development advised that the limitations
were more restrictive than if the project were located in a commercial zone
elsewhere. He stated that the Capistrano Beach Specific Plan had been accepted
due to withdrawal of the land from the Coastal Commission zone. He suggested that
the Planning Commission review the item again for approval of a sign program more
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consistent with existing sign regulations and report on the feasibility of amending
the Specific Development Plan sign regulations for consistency with regulations
elsewhere in the City.
Discussion ensued regarding the intent of the Capistrano Beach Specific Plan sign
regulations and their applicability to the development of free-standing buildings in
the Price Club property. Discussion included the City's commitment to the residents
of Capistrano Beach to adhere to, and remain sensitive to, their standards and
concerns. The Director of Community Planning and Development clarified that the
issue dealt only with the sign portion of the Specific Plan. Councilman Buchheim
advised that the original Capistrano Beach Committee had addressed signs along a
linear frontage, not free-standing buildings. Councilman Hausdorfer stated
opposition to different sign regulations in the City and suggested Planning
Commission review of the inconsistency. Council concurred to the need to
understand the intents of the Capistrano Beach Design Review Board. Mayor Bland
stated concerns regarding use of internally -illuminated signs.
Referral to Planning Commission:
[t was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to refer the item back to the Planning Commission for
reconsideration, including sign regulation inconsistencies and advisory input from the
Capistrano Beach Design Review Board.
2. AGREEMENT FOR
NDS - COMMUNITY
Written Cornmunicattons:
Report dated March 1, 1988, from the Director of Community Planning and
Development, forwarding a contract prepared by County staff to reallocate $22,000
in Community Development Block Grant funds remaining after completion of the
improvements to Mission and Ramos Streets in the Los Rios District. The project
was completed to 1986 and on October 20, 1987, Council approved a request to
reallocate the funds to staff administration of the City's Housing Improvement
Program.
.Approval of Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve Contract No. C26796 with the County of Orange,
Environmental Management Agency, Housing and Community Development
Contract, for reallocation of funds. The Mayor and City Clerk were authorized to
execute the contract and all necessary documents for reallocation of funds on behalf
of the City.
3. MODIFICATION OF PROCESS - NORTHWEST PLANNING STUDY (440.70)
Written Communications:
Report dated March 1, 1988, from the Director of Community Planning and
Development, advising that on December 1, 1987, Council had authorized staff to
solicit requests for consultant services to prepare the Northwest Planning Study. To
expedite the process, the report advised that it appeared feasible to organize a
consortium of property owners who were now willing to pay for consultant services.
This approach would retain a consultant to work with staff and property owners to
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generate a concept that addresses circulation, flood control, infrastructure
financing, and land use. All property owners who have a proposed development plan
will share the cost of a single consulting team. City staff would prepare the first
draft of the plan and would provide analysis and recommendations throughout the
planning process.
The Director of Community Planning and Development provided an overview of the
situation leading to the staff recommendation, noting that the property was coming
under the control of one or two major owners. He advised that recommendations for
selection of the remainder of the process could be ready in approximately six
months. He advised that although the property owners would hire the consultant, he
and the City Manager would have lead roles in the process.
Robert Foresman, 26902 Paseo C ardero, cited concerns that the proposed process
would result in a vested study and did not involve representatives of improved
property owners. He requested equal representation for improved property owners
and suggested that the City bear their share of the costs.
Discussion ensued regarding the benefits of a City -supported study versus a property
owner -supported study. The City Manager advised that Council and.public input
would be received throughout the process.
Preparation of Initial Draft Plan:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
carried with Councilman Friess voting in the negative to direct staff to proceed with
preparation of the initial draft plan for the northwest area, working in conjunction
with a consulting team retained by the property owners.
4. DRILLING PERMIT REQUIREMENTS
URGENCY 420.30
Written Communications:
Report dated March 1, 1988, from the Director of Community Planning and
Development, advising that existing requirements of the Uniform Building Code do
not require any type of permit for exploratory drilling. The report recommended
that all forms of grading activity, including excavations or drilling for soils testing
purposes, require the issuance of a grading permit. Exceptions included an
excavation below finished grade for basements and footings of a building, retaining
wall or other structure authorized by a valid building permit; cemetery graves;
excavation for utilities; excavations not exceeding 50 cubic yards on any one site;
and, a fill less than one foot in depth and not intended to support structures, not
exceeding 50 cubic yards, and not obstructing a drainage course on any one lot.
Approval of Drilling, Excavation and Grading 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
Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be
adopted:
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ORDINANCE NO. 623, AMENDMENT TO TIT
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 8-3.03 OF CHAPTER 3, "GRADING CODE," OF TITLE —
8, 'BUILDING REGULATIONS," OF THE MUNICIPAL CODE
RELATING TO DRILLING, EXCAVATION AND GRADING
REGULATIONS (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF GRANT APPLICATION - SENATE BILL 821
Written Communications:
Report dated March 1,1988, from the Director of Public Works, forwarding an
application in the amount of $300,000, for construction of a grade -separated
undercrossing on the Vereda Bikeway at the railroad tracks. Upon completion of the
protect, the Vereda Bikeway be a 4.5 -mite off-road trail from the beach at Doheny
Beach State Park to Avenida Siega near the eastern City limits.
Approval of Application:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanmiousk carried to formally endorse construction of the trail section and
approve the application for Senate Bill 821 grant funds for the construction of the
Vereda Bikeway at the AT&SF Railroad crossing.
2. CONSULTANT SERVICES - MAP AND PLAN CHECKING
RMG ENGINEERING, INC. 600.30
Written Communications:
Report dated March 1, 1988, from the Director of Public Works, forwarding an
agreement with RMG Engineering for map and plan checking on an as -needed basis.
The service will be used for various grading, traffic signal and delineation, street,
storm drain, and sewer plans, and subdivision maps and necessary calculations. Four
responses had been received to the Request for Proposal for the services; RMG
Engineering was chosen on the basis of their superior scope of work. Fees for the
service will be based on time and materials. It was estimated that $90,000 could be
expended during the calendar year on such projects as the Sizzler, Plaza Del Obispo,
Marbella and the Oso Tennis Academy.
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Approval of Consultant Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the Consultant Agreement for Map and Plan
Checking Services with RMG Engineering, Inc., of Irvine. The Mayor and City Clerk
were authorized to execute the Agreement on behalf of the City.
DIRECTOR OF COMMUNITY SERVICES
1. PROCESS TO RESOLVE FEEDER TRAIL PROBLEMS IN THE
IIIC eTr 1n 11 ..Ill 1111/1\11 rn n I I C 11 IV.I I n9n en
Written Communications:
Report dated March 1, 1988, from the Director of Community Services, forwarding a
proposed process for resolution of 13 problem areas in the Equestrian Trail System
identified in the Equestrian Issues Study Committee Report. The report advised that
three types of problems have been encountered in trying to improve the trails
system: encroachments; isolation from the system; and, easements located in places
too steep to be safely ridden. The report listed options, including acquisition of new
easements, removal of encroachments, and construction of trails to link isolated
properties to the system. The information -gathering and decision-making process
was designed to receive maximum input from property owners immediately affected
by the trails.
The Director of Community Services made an oral report. Ilse Byrnes, Chairman of
the Equestrian Commission, cited the Commission's opposition to use of a survey in
the process, and Council discussed the usefulness of a survey.
Endorsement of Process:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer to
approve the staff recommendation. Upon clarification that the staff
recommendation did not include use of a survey, Councilman Hausdorfer withdrew
his second. Councilman Buchheim seconded the motion to endorse the following
process for resolving the trail problems:
(1) A letter will be sent to each resident and property owner in the affected
areas requesting their attendance at a meeting of the Equestrian
Commission.
(2) The Equestrian Commission will hold a series of study sessions to hear
the comments and concerns of the neighbors. At the meeting, staff will
present the current alignment of the trails, the current easements, and
outline the problems and potential solutions. After the staff
presentation, public input will be taken; any written comments received
will be included as part of the consideration. Every attempt will be
made to reach a consensus on the preferred solution. Following public
discussion, the Equestrian Commission will submit a recommendation to
Council.
(3) The City Council will review the proposed solution to the trail issue.
This agenda item will include the neighborhood preference, cost and use
estimates, the recommendation from the Equestrian Commission, and a
staff recommendation. The City Council will make the decision.
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(4) If the City Council decision involves a change in the location of a trail or
a change in zoning, the City Council will initiate consideration of a
rezone or a General Plan Amendment. This item would then be reviewed
by the Planning Commission prior to final adoption. —
The motion carried with Councilman Hausdorfer and Mayor Bland voting in the
negative.
It was anticipated that the process will take from 12 to l8 months to complete.
2. FUNDING REQUEST FOR MEALS PROGRAM (SAN CLEMENTE
Written Communications:
Report dated March 1, 1988, from the Director of Community Services, forwarding a
request from the Executive Director of San Clemente Seniors, Inc., for a
supplemental appropriation of $11,011 to assist in funding the meals program for the
San Juan Capistrano senior citizens served by the organization. The funds were
requested as a one-time emergency appropriation.
Approval of Request:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve the request from San Clemente Seniors, Inc., for a
one-time allocation of $11,011 to be used for the home -delivered meals program.
COUNCILMANIC ITEMS
ACCEPTANCE OF RESIGNATION AND DECLARATION
Written Communications:
Report dated March 1, 1988, from the Senior .Administrative Assistant, forwarding
the letter of resignation.
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess and
unanimously carried to accept the resignation of Dennis Hill from the Mobilehome
Park Review Committee and to declare the position vacant. Staff was directed to
prepare appropriate documents to commend Mr. Hill for his community service. The
City Clerk was directed to post notices of the vacancy and to advertise for
applications for the position.
2. APPROVAL OF REQUEST FOR LEAVE OF ABSENCE (TRAFFIC
Written Communications:
Report dated March 1, 1988, from the City Manager, advising that Mr. Hodge serve
as a part-time instructor at Golden West College and due to an error in scheduling at
the college there was a conflict with Commission meetings.
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Approval of Request:
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to approve a leave of absence for Traffic and Transportation
Commissioner Bill Hodge for the period of February'23 through May 25, 1988.
COUNCIL REMARKS
I. GRAFFITI (530.60)
Councilman Buchheim noted the existence of graffiti on the west wall of the flood
control channel by the iron bridge and Councilman Friess advised of similar problems
on the wall at Village San Juan.
2. SOCIAL SERVICES OFFICE (585.50)
Councilman Friess noted a memorandum from Supervisors Riley and Vasquez
advising that on March 8th, the Board of Supervisors would consider continuing the
Social Services Office in San Juan Capistrano through the end of June.
3. STREET REPAIRS (820.30)
Mayor Bland noted that puddled water was beginning to encroach into the roadway
at the corner of La Novia Avenue and San Juan Creek Road.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:30
p.m., to the next regular meeting date of Tuesday, March l5, 1988, at 7:00 p.m., in the
City Council Chamber.
ATTEST:
ANTHONY,L LAND, MAYOR
Respectfully submitted,
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