88-0607_CC_Minutes_Regular MeetingJUNE 7, 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 Hausdorfer at 7:00 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: Gary L. Hausdorfer, .Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; 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, Deputy City
Clerk/Recording Secretary.
MINUTES
Regular Meeting of May 17, 1988:
It was moved by Councilman Schwartze, seconded by Councilman Friess, that the
Minutes of the Regular Meeting of May 17, 1988, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
6/7/88
210
PRESENTATIONS AND COMMENDATIONS
F
Written Communications:
Report dated June 7, 1988, from the City Manager, forwarding the Proclamation.
Approval of Proclamation:
It was moved by Councilman Schwartze, seconded by Councilman Friess, and
unanimously carried to proclaim June 14, 1988, as National Flag Day, and to
encourage the citizens of San Juan Capistrano to recite together the Pledge of
.Allegiance at 4:00 p.m., on that day.
2. CERTIFICATE OF ACHIEVEMENT FOR JAY
Written Communications:
Report dated June 7, 1988, from the City Manager, forwarding a Certificate of
Achievement for Jayne Fenner, a San Juan Capistrano resident whose goal is to
compete in the 1988 Olympics and to win a gold medal in the 1992 Summer Olympics
held in Barcelona, Spain. Jayne is currently ranked No. 2 by the United States
Women's Board Sailing Team.
Presentation of Certificate:
Jayne Fenner was present to accept the Proclamation from Mayor Hausdorfer.
ORAL COMMUNICATIONS
FRIENDS OF HISTORIC SAN JUAN CAPISTRANO (910.
John Tatum, 31086 Via San Vicente, expressed appreciation for the first Community
Forum and advised that the organization wished to be notified of any proposed
construction in the floodplain or historically sensitive areas.
2. INTRODUCTION OF NEW SOUTH COUNTY SUBSTATION COMMANDER (580.10)
Captain Rocky Hewitt introduced Captain Doug Storm, the new South County
Operations Division Commander. Council was advised that Captain Hewitt had been
promoted to Assistant Sheriff and would be assuming new duties in Santa Ana.
WRITTEN COMMUNICATIONS
LETTER FROM MS. ELLEN A. SOVIE IN REFERENCE TO ATHLETIC
FIELDS AMERICAN YOUTH SOCCER ORGANIZATION) (960.10
Written Communications:
Report dated June 7, 1988, from the Director of Community Services, forwarding
the letter dated May 6, 1988, from Ellen A. Sovie, Secretary, Region 87 of the
American Youth Soccer Organization, requesting time to address the issue of lack of
availability of athletic fields. The report advised that the organization had been in
contact with the Community Services Department and had received approval to use
Marco Forster Junior High School fields two more nights during the week.
-2-
6/7/88
211
(1) Bob Rypell, Commissioner, Region 87, ,AYSO, 32781 Shipside Drive,
Dana Point, stated the need for development of soccer fields to meet
the increasing growth in the area and stated that the organization
desired to stay informed regarding future athletic field and recreational
development.
(2) Doug Gregory stated that there was a movement beginning among
parents who were dissatisfied with the recreation facilities being
provided by the City and concerned that recreational amenities were
not keeping pace with growth.
With the consensus of Council, Mayor Hausdorfer referred the letter to the Parks
and Recreation Commission.
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 Schwartze, Friess, Buchheim
Bland, and !Mayor Hausdorfer
NOES: None
ABSENT: None
APPROVAL OF WARRANTS (300.30)
The Lists of Demands dated May 19, 1988, Warrant Nos. 8,263-8,269, 8,273 and
8,373-8,494, in the total amount of $403,281.21, and dated June 1, 1988, Warrant
Nos. 8,495, 8,497-8,499, 8,501, 8,504, and 8,606-8,743, in the total amount of
$338.006.08, were approved as submitted.
2. REPORT OF ARCHITECTURAL BOARD OF REVIEW .ACTIONS (410.60)
The Report dated June 7, 1988, from the Secretary of the Architectural Board of
Review, regarding actions taken at the meeting of May 18, 1988, was ordered
received and filed.
3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated June 7, 1988, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of May 24, 1988, was
ordered received and filed.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated June 7, 1988, from the Secretary of the Equestrian Commission,
regarding actions taken at the meeting of May 23, 1988, was ordered received and
filed.
-3-
6/7/88
212
5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated JUNE 7, 1988, from the Secretary of the Los Rios Review
Committee, regarding actions taken at the meeting of May 26, 1988, was ordered —
received and filed.
6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated June 7, 1988, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of May 16, 1988, was ordered
received and filed.
7. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated June 7, 1988, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of May 24, 1988, was ordered received and
filed.
8. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated June 7, 1988, from the Secretary of the Traffic and Transportation
Commission, regarding actions taken at the meetings of May 11 and May 25, 1988,
was ordered received and filed.
9. RESOLUTION UPHOLDING APPEAL AND REVERSING CONDITIONAL
,icc nCD11ATT 6, DUO nX/41 r-r)Njr)Mr)NAI INF PFRMiT RR -I ,AVATTAR) (460.7
As set forth in the report dated June 7, 1988, from the City Attorney, the following
Resolution was adopted:
RESOLUTION NO. 88-6-7-1, UPHOLDING APPE
t'CK MII ba -1 kn V11I Int/ - n .."
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, UPHOLDING APPEAL AND REVERSING
PLANNING COMMISSION APPROVAL OF CONDITIONAL USE
PERMIT 88-1 (AVATTAR)
10. MEREDITH CANYON AND ALTO CAPISTRANO SLURRY SEAL PHASE I -
AWARD OF CONTRACT DOUG MARTIN CONTRACTING COMPANY 6
As set forth in the report dated June 7, 1988, from the Director of Public Works, the
contract for slurry seal of the following streets was awarded to Doug Martin
Contracting Company, Inc., of La Habra, in the amount of $19,110.12:
Paseo de Alegria, Calle Acordarse, Calle de Bonanza, Paseo Brillo,
Paseo de Decoro, Via Cascada, Calle Canto, Via Corta, Calle Borrego,
Calle Conejo, Via Banderas and Via de Agua from Camino Las Ramblas
to Calle Conejo.
-4-
6/7/88
213
11. DEL OBISPO/CAMINO DEL AVION TRAFFIC SAFETY PROJECT-
As
ROJECT-
As set forth in the report dated June 7, 1988, from the Director of Public Works, the
construction of the Del Obispo Street/Camino Del Avion Traffic Safety Project was
completed.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 88-6-7-2. COMPLETION OF THE DEL OBISPO
J I0.L"L Ili LVULNV ULL ll Y LVIN LRC L FFR Jill "Gl I �RVJ"t I - [l
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 OF THE DEL OBISPO STREET/CAMINO DEL
AVION TRAFFIC SAFETY PROJECT (HAUSCHILD
CONSTRUCTION)
The Resolution accepted the work as complete in the amount of $415,936.69, and
directed the City Clerk to forward a Notice of Completion to the County Recorder.
Staff was authorized to release the 10% retention in the amount of $41,593.67, 35
days after recording the Notice of Completion.
12. ACCEPTANCE OF
As set forth in the report dated June 7, 1988, from the City Attorney, the following
Resolution accepting an easement for vehicular ingress and egress access on Calle
Arroyo from Calle Arroyo Partners, pursuant to Condition 8 of Architectural
Control 87-6:
RESOLUTION NO. 88-6-7-3. ACCEPTING EASEMENT DEED -
CALLE ARROYO PARTNERS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING EASEMENT DEED FOR
VEHICULAR INGRESS AND EGRESS, PARCEL 26, PARCEL
MAP 79-856 (CALLE ARROYO PARTNERS)
13. FINAL PARCEL MAP 87-476 AND IMPROVEMENT AGREEMENT
SELIGMAN 600.30
As set forth in the report dated June 7, 1988, from the Director of Public Works,
Final Parcel Map 87-476 and the Improvement Agreement for the Map were
approved, based on the finding that the Final Map is in substantial conformance with
the approved Tentative Map. The Mayor and City Clerk were authorized to execute
the Agreement on behalf of the City for forwarding to the County Recorder. The
City Engineer and City Clerk were authorized to execute the Final Map for
forwarding to the County Recorder.
-5-
6/7/88
214
PUBLIC HEARINGS
POSED CAPISTRANO VALLEY
This Public Hearing was continued from the meeting of May 3, 1988. Councilman
Buchheim left the Chamber due to a conflict of interest.
Written Communications:
1 T Report dated June 7, 1988, from the Director of Community Planning
and Development, forwarding responses to concerns stated at the
meeting of May 3rd, and providing additional information on the
Trabuco Creek improvements. The report recommended that the item
be referred back to the Planning Commission for further consideration.
(2) Approximately 84 letters received from residents in the area opposing
the proposed mini -storage facility.
Exhibits were on display and Dan Fox, Assistant Planner, discussed the concerns
raised at the May 3rd meeting regarding the Alipaz extension, the mini -storage
facility, phasing of the tennis facility in relation to the mini -storage facility; and,
Trabuco Creek improvements. He advised that the Planning Commission had not had
an opportunity to review the site plan in relation to the proposed general alignment
of Alipaz Street across the property and the established precise alignment for the
extension of Junipero Serra Road from 1-5 to the railroad tracks, as set forth in
Resolution No. 81-11-3-4. An interim improvement plan for Trabuco Creek had been
submitted that required review by the Planning Commission; in addition, revised
plans depicting the self -storage elevations also required review by the Commission.
For those reasons, staff recommended the project be referred back to the Planning
Commission
The Director of Community Planning and Development clarified that modifications
would be required on the site plan for the extension of Alipaz, the alignment of
Junipero Serra and improvements to Trabuco Creek. He discussed financial
participation in the ultimate improvements of Alipaz and Trabuco Creek,
emphasizing the need to finalize alignments and requirements at this time. He
discussed the options available to assure construction of the tennis club.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded in favor of the project:
(l) Leonard Hubbard, 26382 Oso Road, stated that he wished to rescind his
March 17, 1988, letter of opposition. He advised that he had conversed
with the developer and he supported the project, provided the tennis
courts were built first.
-6-
6/7/88
215
The following persons spoke in opposition to the project:
(1) Ken Dills, 31081 Calle San Diego, President of Capistrano Villas No. 1,
cited concerns regarding increased traffic and setting of a precedent by
placement of a self -storage facility adjacent to a residential area. He
stated he did not oppose the tennis club facility.
(2) Linda Fayette, 30878 Avenida de la Vista, stated concerns that the
existence of a mini -storage facility as part of the tennis club had not
been adequately advertised. She stated that the mini -storage facility
should be placed out of town; guarantees for construction of the tennis
facility were too loose; and, the mini -storage would devalue adjacent
residential property.
(3) Ani Jones, 26475 Paseo San Gabriel, cited concerns that the mini -
storage facility would cause increased crime in the area and result in
further overcrowding in the adjacent residential area.
(4) Sylvia Stanley, 30164 Calle San Diego, stated concerns regarding more
people coming into the area for the mini -storage and increased crime.
(5) David Belardes, 31742 Via Belardes, advised that the possibility exists
that portions of the area may be declared part of an archaeological
district.
(6) Ben Michalec, 26376 Oso Road, opposed the mini -storage facility and its
impacts on the adjacent neighborhood, stating that the zoning should
remain residential.
James Adams, Project Architect, stated that the mini -storage facility encompassed
5 acres of the project. He discussed the appearance of the project and its low
visibility from adjacent areas, and described the project layout and amenities.
Cecil Bunnell, Applicant, advised that there would be a substantial impact in
realigning Alipaz and Junipero Serra and that the hydrology impacts resulted in a
revised plan which would eliminate any future expansions. He stated concurrence
that the parcel map should be reviewed again by the Planning Commission, but
requested that affirmative action be taken on the environmental impact report, the
zoning and the land use, so that work on landscaping plans and final grading plans
could continue. He advised he had secured a surety bond to guarantee completion of
the tennis club; stated there would be 24-hour security at the self -storage facility;
and, that there will be an archaeologist on site during grading.
There being no further response, Mayor Hausdorfer closed the Public Hearing with
the right to re -open at any time.
Council Discussion:
Council concurred in concerns with placement of the mini -storage adjacent to
residential development, but cited support of the tennis facility. Councilman Friess
noted that referring the project back to the Planning Commission would provide
residents an opportunity for additional input and review of problems created by
-7-
6/7/88
21.6
archaeology, flood control and circulation issues. He stated that residents should
consider the impacts that would be created by residential development occurring on
the property and advised that Council had been willing to consider a mini -storage
use as a viable alternative with fewer negative impacts on the adjacent area.
Councilman Bland cited concerns regarding placement of the proposed uses. —
Councilman Schwartze stated he would be opposed to approving further residential
development adjacent to the railroad tracks. The City Attorney noted provisions of
State law requiring action on a project within one year. Following discussion, Mr.
Bunnell concurred with the recommendation to refer the project to the Planning
Commission and agreed to meet with interested residents for a walk through of the
project.
Referral to Planning Commission:
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried to refer General Plan Amendment 88-1A, Rezone 86-5,
Tentative Parcel Map 87-153, and Environmental Impact Report 87-1 back to the
Planning Commission for report within 90 days on interim creek improvements and
alignment of Alipaz Street extension and modified site plan.
RECESS AND RECONVENE
Council recessed at 9:05 p.m., and reconvened at 9:13 p.m., with all members present.
2. VIA PASTORAL STUDY AREA - PROPOSED REZONE 88-2 TO CHANGE 6 ACRE
This iten was continued from the meeting of May 3, 1988.
Written Communications:
Report dated May 3, 1988, and resubmitted June 7, 1988.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and, there being no response, closed the Hearing with the right to re -open at
any time.
Approval of General Plan Amendment 88-1:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
RESOLUTION NO. 88-6-7-4, GE
13F'..III
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN
TO CHANGE THE LAND USE DESIGNATION FROM LOW DENSITY
RESIDENTIAL TO VERY LOW DENSITY RESIDENTIAL FOR THE
VIA PASTORAL AREA
-8-
6/7/88
21'7
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
Approval of Rezone 88-2:
The City Manager 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:
REZONE 88-2 (VIA PASTORAL) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
OFFICIAL ZONING MAP ADOPTED BY TITLE 9 OF THE
MUNICIPAL CODE BY CHANGING THE ZONING OF AP #649-091-
05, 649-091-06, 649-091-07, AND 649-321-05 FROM SMALL ESTATE
(ES) TO LARGE ESTATE (EL)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
3. REVIEW OF THE FISCAL BUDGET FOR THE FIVE YEARS
BEGINNING JULY 1, 1988, AND ENDING JUNE 30, 1993 330.20)
Proposal:
Review of the proposed Operating Budget, Capital Improvement Program,
Community Redevelopment Agency Budget, and Special Funds for the 1988-1993
fiscal period.
Applicant:
This was a City -initiated public hearing.
Written Communications:
Report dated June 7, 1988, from the Senior Management Assistant, advising that the
Operating Budget increased by approximately 9% from the adjusted budget of
1987-88, due to the contractural agreement with the Orange County Sheriff's
Department for an additional Patrol Unit, increases in employee salary and benefits,
and increased funds for contractural services in engineering and maintenance. The
budget proposed to add one full-time position in the .Administrative Services
Department, bringing the total number of full-time employees to 76.
-9-
6/7/88
218
REQUESTS FROM COMMUNITY ORGANIZATIONS
Report dated June 7, 1988, from the Senior Management Assistant, forwarding a
summary of funding requests, amounting to $88,689, received for the 1988-89
budget. The report advised that two new organizations, the Human Options, and the
Saddleback Pony Club, had requested financial assistance this year. Funds in the
amount of $63,000, which represented a 10% increase, were included in the proposed
budget.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following persons responded in support of their organization's
request for funding:
(l) Mike Darnold, President, San Juan Capistrano Historical Society;
(2) Terry Dorse, President, San Juan Capistrano Chamber of Commerce;
(3) Harold Joseph, President, and Donn Mills, Music Director, Capistrano
Valley Symphony;
(4) Lee Steelman, President, and Dee Leif, Volunteer South Orange County
Community Services Council;
(5) Donna Devins, Human Options;
(6) Richard Ruiz, Director, South County Community Clinic;
(7) Bob Carrubba, Executive Director, Community Counseling Center;
(8) Caroline Doody, Coast Ballet Theater; and,
(9) Tay McClellan, Saddleback Pony Club.
Continuation of Public Hearing:
There being no further response, the Hearing was continued to the meeting of
June 14, 1988.
Social Services Office:
Councilman Friess advised that on June 14th, the Board of Supervisors would
consider the future of the Social Services Office located in San Juan Capistrano. He
advised that funding in the amount of $12,000 was needed in order for the facility to
continue in the South County, and requested that the community organizations make
their support for the Social Services Office known.
ADMINISTRATIVE ITEMS
OF COMMUNITY PLANNING AND DEVELOPMENT
The following items were taken out of order on the Agenda and considered concurrently
for the benefit of persons in the audience.
ARCHAEOLOGICAL MITIGATION PLANS (SIZZLER) (910.40)
Written Communications:
Report dated
June 7, 1988, from the Director of Community Planning
and
Development,
advising that the Environmental Review Board had
recommended an
alternative site
configuration for the Sizzler restaurant in order
to preserve
the
foundation for
the Mission Orchard wall and maintain the overall
integrity of
the
development.
The report forwarded a revised site plan which
would move
the
-10-
6/7/88
219
building toward the southern edge of the property adjacent to the proposed Forster
Street, rather than adjacent to Marie Callenders restaurant, as previously approved.
The Director of Community Planning and Development described the procedure
adopted by Council for dealing with archaeological finds during construction of a
project and how that procedure had been implemented on the Sizzler site. He
advised that the project had moved beyond any discretionary action Council could
take in terms of approval of denial. Council could consider the appropriateness of
preserving the remains and the method to do so. The City Planner described the
location of the remains and the resulting revised site plan. He advised that the ERB
had recommended acquiring an easement for permanent public access to the area.
He noted that the preservation treatment will be designed and implemented by a
consulting and construction firm with proven expertise in preservation work. The
City Manager advised that the developer had expressed concern regarding additional
costs involved in revising the project and had requested financial assistance.
ARCHAEOLOGICAL MITIGATION PLANS (FARBER) (910.40)
Written Communications:
Report dated June 7, 1988, from the Director of Community Planning and
Development, advising that the Environmental Review Board had recommended a
mitigation program for the Franciscan Plaza site located at the corner of Verdugo
Street and Camino Capistrano. The report set forth a chronology of events and
listed the recommendations of the Board.
Exhibits were on display and the Director of Community Planning and Development
described the archaeological finds, which include a cobble foundation and adobe wall
of the Valenzueia Adobe; a lineal cobble foundation through the central portion of
the site; and, a stonework foundation below grade adjacent to the railroad tracks and
barn on the Oyharzabal property at the southwest corner of the property. The wall
appeared to extend beyond the Farber property into the railroad right-of-way and
into the Oyharzabal property; however, permission to explore the two properties had
not been given by the property owners. He advised that the developer concurred
with the ERB recommendation for the Valenzuela .Adobe and will expose as much as
possible to public view. He noted that the other two features could not reasonably
be incorporated into the existing plan; however, they may be relocated and
incorporated into the courtyard of the second phase of the development. He noted
that a number of animal bones had been found in the vicinity of the stone foundation
at the southwest corner of the lot, which suggested the possibility of a depository
for a slaughtering operation elsewhere. In addition, a protohistoric indian site had
been discovered in the vicinity of the central cobble foundation. Neither of the two
additional finds included anything of a structural nature.
Public Input:
The following persons addressed Council•
(1) Robert Frazier, 1212 North Ross Street, Santa Ana, cited a desire to
approach the owners of the Oyharzabal property for permission to
excavate. He stated the entire area should be preserved following the
fashion of the ruins. He stated concerns that there should be a City
staff person qualified in the field of archaeology to review
environmental impact reports and determine the significance of any
6/7/88
220
archaeological finds, including follow up, preservation and
maintenance. He stated that there are experts at the Mission
competent to design and implement preservation techniques. He stated
concerns that good archaeological practices were not being followed.
(2) Paul Farber, developer, 31831 Camino Capistrano, stated that after the
artifacts had been cataloged and studied they would be made available
for viewing. He proposed to preserve in situ and construct permanent
monuments for central cobble foundation and the remains in the
southern portion of the project. He advised that any remains found in
the second phase of the project would be incorporated into the plans.
(3) Gil Jones, 31791 Los Rios Street, stated support for the
recommendations of the ERB.
(4) David Belardes, 31742 Via Belardes, cited concerns that Native
American participation in the archaeological work on the projects not
be overlooked, and was advised that staff had been in contact with
Chief Belardes regarding use of his expertise.
(5) Darrell Johnston, stated concerns regarding security and protection of
the remains. He stated further concern that not enough time was being
allowed to evaluate what had been found and to plan for its preservation
and protection.
(6) Ed Koelsche, 31192 Paseo Amapola, cited concerns that membership on
the Environmental Review Board did not include anyone with an
archaeological background; that significant items were being found
where nothing was expected; and, that the archaeologists were being
placed on too tight a schedule.
At the request of Council, Len Winter, 29 Welcome Lane, Seal Beach, Field Director
with the Chambers Group, consulting archaeologists, discussed the three areas being
investigated on the Farber site. He noted that the bones that were found were
significant for learning about butchering and food processing; that there may be only
four or five such sites known in California. He stated that the protohistoric
material being found had not yet been fully excavated or assessed. He stated
satisfaction at the the 90% field recovery of the Vatenzuela Adobe and 75% field
recovery of the structures at the southwest corner of the property. He advised that
they were doing a stratographic excavation and each level was given a catalog
number. Items from each level were transported to the Chambers Group lab for
analysis. He stated that to his knowledge, only a grinding implement had been
illegally removed from the site. With regard to disturbance of the site due to
previous construction, he stated that what had been cut away represented 20th _
century fill; that the packing plant previously on the site had had no bearing on the
underlying structures.
Approval of Modified Site Plan (Sizzler):
It was moved by Councilman Friess, seconded by Councilman Bland and unanimously
carried to approve the modified site plan as the mitigation program for the Mission
Orchard wall, subject to the following conditions, as modified to require City
Council approval of the plan for stabilization and preservation of the orchard wall
-12-
6/7/88
221
foundation, and to require that the Chairman of the Architectural Board of Review
also review and approve revised landscape or building details for the south -facing
building elevation:
(1) The applicant shall have a qualified expert in the field prepare a plan
recommending methods for stabilization and preservation of the orchard
wall foundation that will be visible to the public. Said plan to be
approved by the City Council prior to final building frame inspection.
Said plan to be implemented prior to release of Use and Occupancy
Permits for the Sizzler Restaurant.
(2) The foundation and the immediate area adjacent shall be dedicated to
the City as a permanent conservation easement, with an applicable
physical public access easement to the resource. Said easements to be
executed and recorded prior to issuance of a Use and Occupancy
Permit.
(3) The approved preservation plan shall include a marker that describes
the resource and its history.
(4) Revised landscape or building details to the new south -facing building
elevation shall be reviewed and approved by the Director of Community
Planning and Development and the Chairman of the Architectural Board
of Review prior to issuance of the Building Permit.
(5) Nothwithstanding all of the above, the applicant shall be required to
comply with all other applicable conditions of approval of Architectural
Control 85-10.
(6) Upon a finding of consistency and compliance with conditions of
approval, the Director of Community Planning and Development is
authorized to issue construction permits.
Approval of Mitigation Measures (Farber):
It was moved by Councilman Bland, seconded by Councilman Buchheim and
unanimously carried to approve the proposed mitigation program as recommended by
the Environmental Review Board, as follows:
(1) The applicant shall have a preliminary design prepared by a qualified
expert in the field for stabilization and preservation of that portion of
the Valenzuela adobe ruins located adjacent to Jacques Bakery and
Camino Capistrano. Said design shall be approved by the Director of
Community Planning and Development prior to the authorization of
construction in the immediate area of the artifact.
(2) That portion of the Valenzuela adobe ruins to be preserved shall include
a marker that describes the artifact and its history as it relates to the
City. Said ruins to be preserved shall be dedicated to the City as a
permanent conservation easement by the developer.
(3) The large cobble and stone foundation located in the southwest corner
of the project site shall be removed and relocated within the Phase 11
-13-
6/7/88
222
development concept. Prior to its removal, a plan shall be prepared by
a qualified expert in the field providing for its removal, crating and
storage of the artifacts, and plans for relocation. Said plan shall be
reviewed and approved by the Director of Community Planning and
Development prior to authorization of construction in the general area
of the foundation.
(4) Upon completion of the archaeological investigation, a plan shall be
prepared for the relocation or other form of preservation of the cobble
foundation located in the central portion of the site. Said preservation
plan shall be reviewed by the Environmental Review board and
forwarded to the City Council for final approval.
(5) A sample of the ethnohistoric or protohistoric Indian artifacts shall be
removed for further scientific study.
There was a consensus of Council that the Chambers Group make a recommendation
regarding preservation and security of the archaeological finds during the field work.
RECESS AND RECONVENE
Council recessed at 11:20 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 11:23 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. SUPPORTING IMPLEMENTATION OF COMMU
Written Communications:
Report dated June 7, 1988, from the City Manager, advising that the City is a
member of the Los Angeles/San Diego Corridor Agency, a joint powers agency
dealing with issues related to railroad transportation. The report recommended
support of the Agency's efforts to develop commuter rail service from Los Angeles
to San Clemente.
Support of Implementation of Commuter Rail Service:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to support the Council Resolution to implement commuter rail
service from Los Angeles to San Clemente for presentation to the Orange County
Transportation Commission on June 13, 1988.
CITY CLERK
1. AMENDMENT TO RESOLUTION -ANNUAL ELECTION
Written Cori munications:
Report dated June 7, 1988, from the City Clerk, advising that it was necessary to
conform the dates for selection of the Mayor and Mayor pro tempore with the new
-14-
6/7/88
223
November election dates, as set by Ordinance No. 630. The report forwarded a
Resolution requiring the action no later than the fourth Tuesday after each general
municipal election, or when there is no general municipal election, at the first
Council meeting in December. The action will extend the terms of the current
Mayor and Mayor pro tempore for a period of eight months.
Annual Election of Mayor and Mayor pro tempore:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
RESOLUTION NO. 88-6-7-5, ANNUAL ELECTION OF MAYOR
AND MAYOR PRO TEMPORE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING FOR THE ANNUAL ELECTION OF
THE MAYOR AND MAYOR PRO TEMPORE AND RESCINDING
RESOLUTION NO. 81-3-17-4
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
CITY ATTORNEY
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - VESTING OF
TENTATIVE MAPS COMMERCIAL DEVELOPMENTS 420.30
Written Communications:
Report dated June 7, 1988, from the City Attorney, forwarding an Ordinance
allowing for vesting of property rights for tentative maps for both residential and
commercial subdivisions, pursuant to State law.
Approval of Vesting Tentative Maps:
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:
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
VESTING TENTATIVE MAPS - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 9-4.505 ENTITLED "VESTING TENTATIVE MAPS" OF
TITLE 9 ENTITLED "LAND USE" OF THE MUNICIPAL CODE
-15-
6/7/88
224
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
I. ACCEPTANCE OF OPEN SPACE AND TRAIL EASEMENTS -
Written Communications:
Report dated June 7, 1988, from the Director of Community Planning and
Development, advising that the City Council and County Board of Supervisors had
approved agreements for the transfer of Colinas de Capistrano open space
dedications to the City. The report recommended accepting the open space and trail
easements encompassing 78 of the 259 acres of ridgeline and hillside of the Colinas
de Capistrano ridgeline. .All of the open space area has been annexed to the City.
The report set forth the various dedications, easements, fee title offerings and
zoning designations of the 259 acres.
Acceptance of Open Space and Trail Easements:
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted:
RESOLUTION NO. 88-6-7-6, ACCEPTING IRREVOCABLE
OFFER, COLINAS DE CAPISTRANO OPEN SPACE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE
IRREVOCABLE OFFER FOR OPEN SPACE AND TRAIL
EASEMENTS IN THE COLINAS DE CAPISTRANO .AREA
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
2. AGREEMENT ALLOWING FOUR MODULAR UNITS AND PREPARATION
Written Communications:
Report dated June 7, 1988, from the Director of Community Planning and
Development, forwarding a request from the Ocean Hills Community Church for a
-16-
6/7/88
an extension of items b, c, d and e of the Agreement date,
allowed placement of four modular units during developm
placement of permanent buildings on the church property.
the Church determined that the present property could not
of facilities they would need to serve their congregation.
negotiations were in process with the Kinoshita family f
which would better accommodate the desired use. Upon
master plan is to be prepared.
225
October 7, 1986, which
nt of a master plan for
The report advised that
accommodate the range
The church advised that
it purchase of 10 acres
close of escrow, a new
Approval of Extension:
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to grant an additional 12 -month extension of items b, c, d and e
of the Agreement dated October 7, 1986, between the City and the Ocean Hills
Community Church.
DIRECTOR OF PUBLIC WORKS
1988-89 SERRA BUDGETS
Written Communications:
Report dated June 7, 1988, from the Director of Public Works, advising that the
SERRA Board of Directors had approved the 1988-89 Budgets, subject to individual
agency approval. The City's share of the 1988-89 SERRA budget is as follows:
Project Committee
Cit Share
General Fund
7,865.00
Project Committee #2
805,500.00
Project Committee #2R
68,040.00
Project Committee #5
32,900.00
Total
$914,305.00
Adoption of SERRA Budgets:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to adopt the proposed SERRA budgets for 1988-89 and to
approve the City's participation of $914,305, to be assessed to the City Sewer
Enterprise Fund 17-6284-4717 and 17-6213-4717.
DIRECTOR OF COMMUNITY SERVICES
1. REOUEST FOR CONSULTANT SERVICES - REVIEW OF PARKS AND
Written Communications:
Report dated June 7, 1988, from the Director of Community Services, forwarding a
Request for Proposal and Scope of Work for preparation of a comprehensive review
of the Parks and Recreation Element of the General Plan. The study would include a
survey of the community's needs, an assessment of the present facilities and services
to meet these demands, identification of additional facilities, and a financial
analysis on the ability to implement the plan. The report advised that $25,000 had
been budgeted for the consultant service.
-17-
6/7/88
226
2.
Approval of Scope of Work/Solicitation of Proposals:
it was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the Scope of Work and to authorize staff to solicit
bids for consultant services.
ENTATION OF THE EQUESTRIAN ISSUES STUDY COMMITTEE
Written Communications:
Report dated June 7, 1988, from the Director of Community Services, forwarding a
summary prepared pursuant to the May 19, 1987, Council direction to implement the
16 recommendations in the report from the Equestrian Issues Study Committee and
provide an annual status report.
With the consensus of Council, Mayor Hausdorfer ordered the report received and
filed, noting that the items should be implemented into the development review
process where possible.
COUNCILMANIC ITEMS
1. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY
PLANNING COMMISSIONER COLLENE CAMPBELL 110.20
Written Communications:
Report dated June 7, 1988, from the Senior Administrative Assistant, forwarding the
letter of resignation.
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to accept the resignation of Collene Campbell and to declare
the position vacant. Staff was directed to prepare appropriate documents to
commend Mrs. Campbell for her community service. The City Clerk was directed to
post notices of the vacancy and to advertise for applications for the position.
2. ANNUAL REVIEW OF COMMISSION APPOINTMENTS (110.20)
Written Communications:
Report dated June 7, 1988, from the Senior Management Assistant, advising that
pursuant to Section 2-2.101 of the Municipal Code, the term of office for all
Commission and Board appointments expires on June 30 of each year. The report
forwarded a list of current appointees and a list of all active applications for each
Commission or Board.
Architectural Board of Review:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried to re -appoint all current members.
Economic Development Commission:
It was moved by Councilman Buchheim, seconded by Councilman Bland and
unanimously carried to re -appoint all current members.
-18-
6/7/88
227
Equestrian Commission:
It was moved by Councilman Friess, seconded by Councilman Bland and carried with
Councilmen Schwartze and Buchheim voting in the negative, to re -appoint all
current members.
Mobile Home Park Review Committee:
It was moved by Councilman Bland, seconded by Councilman Buchheim and
unanimously carried to appoint the following persons:
Janet Gilbert, Park Owner/Manager Representative;
William Schweinfurth, Park Owner/,Manager Representative;
Thomas Erin, Mobilehome Owner;
Mary Rose Winkler, Mobilehome Owner;
Jean LaBurn, Neither; and
Keith Caseniser, Alternate Park Owner/Manager Representative.
Parks and Recreation Commission:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried to re -appoint the current members and to appoint Jerry Harris
to fill the current vacancy.
Planning Commission:
It was moved by Councilman Bland, seconded by Councilman Friess and unanimously
carried to appoint the following persons:
Carolyn Nash; Roy Nunn; Mary Jane Forster; Gil Jones; and Wyatt Hart.
Traffic and Transportation Commission:
It was moved by Councilman Buchheim, seconded by Councilman Friess and
unanimously carried to re -appoint the current members.
Cultural ,Arts and Heritage Commission/Los Rios Review Committee:
Councilman Friess recommended that appointment to the two groups be continued
for consideration by a Council committee of recommendations received from the
Cultural Arts and Heritage Commission. It was moved by Councilman Friess,
seconded by Councilman Buchheim and unanimously carried to continue the
appointments to the meeting of June 21, L988, for an evaluation by a Council
committee composed of Councilmen Friess and Bland of future functions, activities,
charges, and composition, with consideration of a possible merger of the two groups.
3. ORAL REPORTS OF OUTSIDE AGENCIES
Capistrano Valley Wastewater Authority (1040.60):
Councilman Buchheim advised that Ruttan and Tucker had been retained for legal
representation and Mike Hoover had been retained to provide engineering services.
Councilman Bland noted that Councilman Buchheim had been officially elected
President; Don Simpkin was elected Vice President; and, Bill Webb was elected
Secretary and appointed as the 5th Member -at -Large.
-19-
6/7/88
228
Foothill/Eastern Transportation Corridor and
San Joaquin Hills Transportation Corridor:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried to authorize the Mayor and Councilman Friess to support
admission of the City of Mission Viejo to the Joint Powers Authorities. A letter is
to be forwarded to the Transportation Corridor Agencies.
League of California Cities:
There was a consensus of Council to support the appointment of Ron Hoesterey,
Mayor of Tustin, to the Local Agency Formation Commission.
COUNCIL REMARKS
CAPISTRANO VALLEY TENNIS CLUB (TPM 87-153) (420.70)
Councilman Friess requested that the project be again reviewed by the Traffic and
Transportation Commission for impacts on roads and parking.
2. OAKS CLASSIC (930.40)
Mayor Hausdorfer advised he had attended the weekend event sponsored by Joan
Irvine Smith.
CLOSED SESSION
Council recessed to a Closed Session at 11:40 p.m., for discussion of personnel matters -
meet and confer, the Deputy City Clerk being excused therefrom, and reconvened at
12:21 a.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 12:21
a.m., Wednesday, June 8, 1988, to the next meeting date of Tuesday, June 14, 1988, at
7:00 p.m., in the San Juan Hot Springs Dance Hall.
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
By Cheryl JohMon, Mputy City Clerk/Recording
Secretary
ATTEST:
GAR L. HAUSDORFER, 7AYOR
-20-
6/7/88