86-0715_CC_Minutes_Regular MeetingJULY 15, 1986 001
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 Friess 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: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: 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; Tom Tomlinson, City Planner; Cheryl
Johnson, Recording Secretary.
MINUTES
Regular Meeting of July 1, 1986:
The Minutes of the Regular Meeting of July 1, 1986, will be
presented for approval at the City Council Meeting of August 5,
1986, as set forth in the report dated July 1, 1986, from the
City Clerk.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Bland, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1
EMPLOYEE RECOGNITION - LARRY LAWRENCE (500.1
Written Communications:
Report dated July 15, 1986, from the Assistant to the City
Manager, advising that a plaque had been prepared for Larry
Lawrence, who recently left City employment.
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7/15/86
002
Mr. Lawrence was in attendance and Mayor Friess presented
the plaque recognizing 13 years of service with the City.
2. RECOGNITION OF LONG-TERM EMPLOYEES (500.1)
Written Communications:
Report dated July 15, 1986, from the Assistant to the City
Manager, advising that the following employees would receive
plaques recognizing 10 or more years of City service:
George Arreola, Maintenance Worker, 9/16/75;
Pamela Gibson, Assistant to the City Manager, 3/24/76;
John Gibson, City Treasurer, 6/16/76; and,
Tom Merrell, Director of Community Planning and
Development, 3/29/76.
George Arreola, Pamela Gibson, and John Gibson were present
to receive the plaques.
3. NEWSPAPER AWARDS - ORANGE COUNTY FAIR (104.3)
Mayor Friess advised that Dan Smith and the Register's
Community Edition had received a number of awards at the
Orange County Fair.
WRITTEN COMMUNICATIONS
1. LETTERS REGARDING
Council received copies of a memorandum dated July 9, 1986,
from the Director of Administrative Services, forwarding a
letter from Patrick T. Lopker, General Manager, Dimension
Cable Services, setting forth their position on programming
for KMEX, a spanish-language station. The memorandum also
forwarded a letter dated July 8, 1986, from Heriberto Muniz,
26146 Villa de Toledo, requesting support for a return of
the regular programming of station KMEX.
Tony Arroyo, 31351 Los Rios Street, representing the
Hispanic Community, read a letter dated July 15, 1986,
requesting assistance in reinstating the original hours of
broadcasting of Channel 34 KMEX.
Support for Spanish -Language Programming:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
NO. 86-7-15-1, SUPPORTING SPANI
PROGRAMMING YUN UAISLL Tr' l' LvlDluV — ti tcnavLuiivav v+ +++++
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING SPANISH -LANGUAGE PROGRAMMING ON
KMEX FOR CABLE TELEVISION
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7/15/86
003
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated June 30, 1986, Warrant Register
No. 86-123, in the total amount of $2,673,554.31, was
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1)
The City Treasurer's Report of Investments as of June 30,
1986, in the total amount of $10,815,760.56, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELIN,
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of June 30, 1986, was approved as
submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20)
The City Treasurer's Report of Fund Cash Balances as of
May 31, 1986, in the total amount of $101,928.01, was
approved as submitted.
5. REPORT OF PLANNING COMMISSION ACTIONS (140.4)
The Report dated July 15, 1986, from the Director of
Community Planning and Development, regarding actions taken
-3- 7/15/86
6.
by the Planning Commission at their meeting of July 8, 1986,
was ordered received and filed.
TRAFFIC AND
ACTIONS
The Report dated July 15, 1986, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of June 11, and June 25, 1986, was
ordered received and filed.
LOS RIOS PROPERTY REHAB
AGREEMENT
As set forth in the report dated July 15, 1986, from the
Director of Community Planning and Development, the Property
Rehabilitation Loan Agreement with the Bank of America, for
administration of Community Development Block Grant funds
for rehabilitation projects in the Los Rios area, was
approved for a term ending August 1, 1987. The Mayor and
City Clerk were authorized to execute the agreement on
behalf of the City.
RENEWAL OF
CULTURAL
As set forth in the report dated July 15, 1986, from the
Director of Community Services, the agreement with Libros y
Artes de San Juan Capistrano was approved for a one-year
period ending July 15, 1987. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City.
Funds in the amount of $10,000 were budgeted to assist the
organization through its fourth year.
9. DENIAL OF CLAIMS (SKULJAN/JOHNSON) (402.146/402.147)
10.
As set forth in the report dated July 15, 1986, from the
City Attorney, the claims filed on July 2, 1986, by Attorney
David Skuljan, on behalf of Zlatko Skuljan and Karen
Johnson, for an alleged altercation with a Deputy Sheriff on
March 27, 1986, at Verdugo and Los Rios Streets, were denied
and, in the event suit is filed, the matter is to be
forwarded to the County of Orange for indemnification.
CONF
-87 ASSESSMENT
As set forth in the report dated July 15, 1986, from the
Director of Administrative Services, the following
Resolution was adopted:
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7/15/86
U05
-7-15-2
VXUYr:H' ILb - A XZ:JULUT1UN Ur" THE l ITX UUUNU1L Ur" THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
1986-87 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3,
ORTEGA PROPERTIES
Assessments in the amount of $570,307.10 are to be included
on the 1986-87 Secured Tax Roll; the County will deduct a
collection charge of ; percent. The City Clerk was
authorized to forward a copy of the Resolution to the Orange
County Auditor.
STATUS REPORT - CAMINO CAPISTRANO BRIDGE (804.2
This item was removed from the Consent Calendar at the
request of Mayor Friess to draw attention to the traffic
disruption which will commence shortly. Mayor Friess
requested assistance from the press in informing the
residents of the situation.
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to receive and
file the Camino Capistrano Bridge status report dated
July 15, 1986, from the Director of Public Works.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 86-2. ARCHI
This Public Hearing was continued from the meeting of
July 1, 1986.
Proposal:
Consideration of a request to amend the General Plan from
2.7 (Recreation Commercial) to 3.1 (General Commercial) for
3.54 acres located adjacent to the San Diego Freeway at the
eastern terminus of Junipero Serra Road at Rancho Viejo
Road. The request includes a rezone of the property from AG
(General Agriculture) to CO (Office Commercial) and a site
plan proposal of 38,497 square feet for an office complex.
Surrounding uses include a proposed medical office facility
to the north, single-family residential to the east,
industrial to the south, and the Interstate 5 freeway to the
west. On April 22, 1986, the Planning Commission approved
the Zone Change and General Plan Amendment, but denied the
associated Architectural Control application. The applicant
appealed the denial of the Architectural Control.
Property Owner/Applicant:
Junipero Serra Partnership, #1 Brookhollow, Santa Ana 92705.
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11.
Written Communications:
Report dated July 15, 1986, from the Director of Community
Planning and Development, forwarding background information,
a description of alternatives developed by the applicant,
and a recommendation of approval of the project.
Exhibits were on display and Susan Tebo, Associate Planner,
made an oral presentation, discussing the major issues,
which included compatibility of the proposed General Plan
Amendment and Zone Change with adjacent uses, landform
alteration, and building design. She further described the
Study Alternatives submitted by the applicant.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons
responded:
(1) Walter Gaynor, Republic Commercial Company, 22952
Alcalde Drive, Laguna Hills 92793, representing the
applicant, spoke in support of the project, and with
the aid of photographs, presented a chronological
overview of the project, discussed the architectural
style and proposed fountain, cribwall, and landscaping.
Elmer Christiansen, project engineer, discussed parking
and access for the proposed building. Jim Dietz,
project architect, stated that the project met all the
City's guidelines and standards, noting that mechanical
equipment had been removed from the roof and trash
enclosures were blended into the project. Tom Weir,
project landscape architect, discussed the proposed
landscaping of the site and the cribwall.
(2) Roy Nunn, 31011 Paseo Valencia, spoke in support of the
project.
(3) Robert Foresman, 26902 Paseo Caradero, President of the
Malaspina Homeowners Association and representative of
the North San Juan Coalition of Homeowners Association,
spoke in opposition to the project, stating it was
unsuitable for the site, and had too great a density
and impact on the land and surrounding environment.
(4) Jeff Bristow, 26581 Briarwood Lane, stated concerns
regarding safety impacts on Rancho Viejo Road and
preservation of the goals of the City.
(5) Wilford Gower, 26881 Canyon Crest Road, stated
objections to the development based on the density and
traffic impacts.
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(6) Bill Orum, 30301 Malaspina, stated objections based on
the precedent -setting aspects of the proposed cribwall,
the intensity of development in the area, and traffic
impacts.
(7) Dean Steinke, 26501 Park Circle, stated objections
based on the height, cribwall, traffic and safety
concerns.
(8) Jill Hanna, 30161 Branding Iron, stated objections
based on the precedent -setting aspects and density of
development.
(9) Russell Burkett, 29520 Spotted Bull Lane, stated
concerns regarding the proposed Architectural Control
and the proposed General Plan Amendment to a General
Commercial designation, stating a Planned Community
designation would be more suitable.
(10) Vincent Eacona, 31901 Silver Spur, stated concerns
regarding density of the proposed project.
(11) Elmer Christiansen, project engineer, discussed the
ramifications of improving Rancho Viejo Road, at the
request of Mr. Gaynor.
There being no further response, Mayor Friess closed the
Public Hearing with the right to re -open at any time.
Certification of Environmental Impact Report:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to certify the project
Environmental Impact Report as complete and adequate.
Concurrence with General Plan Amendment 86-2:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to indicate concurrence
with the proposed General Plan Amendment from Recreation
Commercial to General Commercial. The City Planner stated
that a formal resolution of approval will be scheduled for
adoption at the meeting of August 5, 1986.
Approval of Rezone 85-2:
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 Hausdorfer that the
following Ordinance be introduced:
REZONE 85-2 (JUNIPERO SERRA PARTNERSHIP) - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE
NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO.
650-161-02 FROM AG (GENERAL AGRICULTURE) TO CO (OFFICE
COMMERCIAL) (JUNIPERO SERRA PARTNERSHIP)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
Denial of Architectural Control 85-3:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland to uphold the Planning Commission's
recommendation to deny Architectural Control 85-3. Pursuant
to the recommendation of the City Attorney, and with the
concurrence of the second, the motion was amended to direct
that a Resolution incorporating the Planning Commission's
findings for denial be prepared for the meeting of August 5,
1986. The motion carried unanimously.
Suggested Directions for Applicant/Staff:
Council concurred with Councilman Hausdorfer's direction to
the applicant and staff that:
(1) the density should be reduced;
(2) there should be no access to Malaspina, and the ravine
adjacent to Malaspina should be preserved in its
entirety;
(3) ingress and egress should be allowed only onto Junipero
Serra and that intersection should be signalized;
(4) a retaining wall only should be used; there is a lack
of Council support for use of a cribwall;
(5) the project should be moved as close as possible to
Rancho Viejo Road.
ESTABLISHMENT OF STANDARDS AND SPECIFICATIONS -
CABLE TELEVISION (TIMES MIRROR) (417.3)
Proposal:
Consideration of establishment of cable television
standards.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated July 15, 1986, from the Director of
Administrative Services, advising that the City and Times
Mirror had mutually agreed upon technical standards and a
procedure for reporting and correcting performance; that the
standards met or exceeded the guidelines of the Federal
Communications Commission. The standards provided for 24
7/15/86
11•
test points throughout the City. Four test points will be
evaluated every two months, and Times Mirror will provide
documented proof of performance or proof of correction
within thirty days. Communicable Consultants was hired by
the City to monitor the activities. The cost of providing
the performance testing will be borne by Times Mirror. The
City will incur periodic consulting costs for insuring
compliance and spot checking test sites.
The Director of Administrative Services made an oral report,
advising that the total system was currently being tested.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons
responded:
(1) Angela Bailey, 32302 Alipaz Street, Space 171, stated
that reception received from Dimension Cable has been
worse than that received from Storer Cable.
(2) James Kitchen, 32302 Alipaz Street, Space 87, stated
that the quality of the reception could be improved if
the cable company so desired.
There being no further response, Mayor Friess closed the
Public Hearing with the right to re -open at any time.
Establishment of Technical Standards:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 86-7-15-3, TECHNICAL STANDARDS FOR CABLE
TELEVISION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
TECHNICAL STANDARDS AND SPECIFICATIONS FOR OPERATING
AND TESTING THE CABLE TELEVISION SYSTEM
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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010
3. APPEAL OF PLANNING
REOUEST TO ENCROAC
Proposal:
Consideration of an appeal of the Planning Commission's
May 27, 1986, denial of a request to encroach 5 feet into a
required 10 -foot side -yard setback on Lots 8, 16, 22, and 23
of Tract 11093, and 6 feet into the required 10 -foot side -
yard setback on Lots 27, 29, and 30 of Tract 11093. The
encroachment was requested in order to provide a three -car
garage for each unit.
Appellant:
Zellner Communities, Inc., 17821 Mitchell, Irvine 92714.
Written Communications:
Report dated July 15, 1986, from the Director of Community
Planning and Development, recommending denial of the appeal,
noting that the lots are vacant and the housing could be
redesigned in order to maintain the required setbacks.
Hearing Continued to August 5, 1986:
The Assistant City Manager advised the applicant had
requested the item be continued, and it was moved by
Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to continue the Public Hearing to the
meeting of August 5, 1986.
APPEAL OF ZONING ADMINISTRATOR ACTION - ZONE VARIANCE 86-9
14111 2314 .4
Proposal:
Consideration of an appeal of the Zoning Administrator's
June 12, 1986, denial of a request to allow a previously
built open patio cover which extends to the side property
line. The request involved an encroachment of 10 feet into
the minimum 10 -foot side -yard setback. The structure was
erected without a building permit. The property is located
at 33801 Valle Road; the lot is approximately � acre in
size. Surrounding uses are all residential.
Appellant:
Dr. George Braithwaite, 33801 Valle Road, San Juan
Capistrano.
Written Communications:
(1) Report dated July 15, 1986, from the Director of
Community Planning and Development, recommending denial
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5.
Oil
of the appeal since there are no unusual property
characteristics or unusual characteristics of any kind
which justify approval.
(2) Letter dated July 11, 1986, from Stephen M. Rios,
Attorney at Law, 31781 Los Rios Street, San Juan
Capistrano, requesting continuance of the Public
Hearing to the meeting of August 5, 1986, on behalf of
the appellant.
Continuance of Public Hearing:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to continue the
Public Hearing to the meeting of August 5, 1986.
Proposal:
Consideration of a tentative parcel map which would create
two parcels of 4.1 acres and 257.9 acres; the property owner
would retain the 4.1 -acre parcel and the larger parcel would
be conveyed for ultimate development per Tentative Tract
12633. The project site is located at the easterly terminus
of San Juan Creek and includes approximately 263 acres.
Surrounding uses include residential to the west, equestrian
stables to the north, and vacant land to the east and south.
The present zoning is PC (Planned Community) District.
Property Owner:
Jean Lacouague, P. O. Box 327, San Juan Capistrano.
Applicant:
Rivendell Management Group, Ltd., 10318 - 82 Avenue, Suite
300, Edmonton, Alberta T6E 1Z8.
Written Communications:
Report dated July 15, 1986, from the Director of Community
Planning and Development, noting that the project was
related to Tentative Tract 12633 and its ultimate
development, and was reviewed for consistency with
applicable elements of the General Plan. The report
recommended approval of the Parcel Map.
Exhibits were on display and the City Planner made an oral
report.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
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012
Approval of Tentative Parcel Map 86-179:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
-7-15-4. TENTATIVE PARCEL MAP 86-179
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 86-179
(LACOUAGUE/RIVENDELL)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
6. EXTENSION OF INTERIM ORDINANCE NO. 574 - ESTABLISHING A
MORATORIUM ON SERVICE STATION MINI -MARTS (418.3)
Proposal:
Consideration of an extension of the moratorium on
processing mini -market developments during the interim
period pending completion of a zoning study. The moratorium
was established on June 17, 1986, and was scheduled to
expire on August 1, 1986.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated July 15, 1986, from the Director of Community
Planning and Development, advising that additional time was
needed to study the zoning regulations.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Extension of Moratorium:
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 adopted:
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V1�
ORDINANCE NO. 579, EXTENDING ORDINANCE NO. 574 -
ESTABLISHING MORATORIUM ON PROCESSING MINI -MARKET
DEVELOPMENTS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO.
574, ESTABLISHING A MORATORIUM ON MINI -MARKET APPROVALS
WITHIN THE CITY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdor£er, and Mayor Friess
NOES: None
ABSENT: None
The moratorium was extended for a period of 10 months and 15
days, or until May 30, 1987.
7. 1986-87 LANDSCAPE MAINTENANCE DISTRICT CHARGES -
Citing a conflict of interest, Councilman Schwartze abstained
from action on this item.
Proposal:
Public Hearing held to receive testimony regarding the City
Landscape Maintenance Districts' operations and
consideration of the proposed assessments.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated July 15, 1986, from the Director of Public
Works, forwarding the proposed 1986-87 Landscape Maintenance
Districts' budgets for the appropriate tracts.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Confirmation of Cost Report:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 86-7-15-5, CONFIRMING COST REPORT - 1986
LANDSCAPE MAINTENANCE DISTRICTS - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR 1986
LANDSCAPE MAINTENANCE DISTRICTS CHARGES IN THE CITY OF
SAN JUAN CAPISTRANO
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014
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdor£er, and Mayor Friess
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
The Resolution directed that a copy of the report entitled
"City of San Juan Capistrano, Landscape Maintenance District
- 1986" be forwarded to the County Auditor for inclusion on
the property tax roll. The Resolution approved the
following assessments:
Assessment
8. VACATION OF A PORTION OF VIA SERRA (321.1
Proposal:
Consideration of a request to vacate a portion of the Via
Serra cul-de-sac within the City limits.
Applicant:
Roxie Lucarelli, 34921 Calle del Sol, Capistrano Beach
92624.
Written Communications:
Report dated July 15, 1986, from the Director of Public
Works, forwarding a resolution ordering the vacation of a
portion of Via Serra.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Ordering Vacation:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 86-7-15-6, VACATION OF A PORTION OF VIA
SERRA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING VACATION OF A
PORTION OF VIA SERRA
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7/15/86
Tract
Per Home
9373/7654 Los
Corrales
$ 90.00
9382
Belford
Terrace
440.00
8485
Mission
Springs
211.00
7673
Mission
Woods
182.00
9284
Sea View
Estates
500.00
8. VACATION OF A PORTION OF VIA SERRA (321.1
Proposal:
Consideration of a request to vacate a portion of the Via
Serra cul-de-sac within the City limits.
Applicant:
Roxie Lucarelli, 34921 Calle del Sol, Capistrano Beach
92624.
Written Communications:
Report dated July 15, 1986, from the Director of Public
Works, forwarding a resolution ordering the vacation of a
portion of Via Serra.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Ordering Vacation:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 86-7-15-6, VACATION OF A PORTION OF VIA
SERRA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING VACATION OF A
PORTION OF VIA SERRA
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7/15/86
015
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The City Clerk was directed to forward a certified copy of
the Resolution to the Orange County Recorder's Office for
recordation.
RECESS AND RECONVENE
Council recessed at 8:54 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:55 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. RENEWAL OF ORANGE COUNTY HEALTH SERVICES AGREEMENT (406.73)
Written Communications:
Report dated July 15, 1986, from the Administrative
Assistant, forwarding an Agreement with the County for
enforcement of City health and sanitation ordinances for a
five-year period ending June 30, 1991. The report cited
minor changes to the Agreement as requested by the Board of
Supervisors and as included in the First Amendment to the
Agreement.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to approve the
First Amendment to the Health Services Agreement, and to
authorize the Mayor and City Clerk to execute the agreement
on behalf of the City.
CITY CLERK
1. RECORDS MANAGEMENT PROGRAM - ADMINISTRATIVE
SERVICES FINAL REPORT (1104.11)
Written Communications:
Report dated July 15, 1986, from the City Clerk, setting
forth accomplishments of the Records Management Program in
the Administrative Services Department, and forwarding the
Final Report prepared by the records consultant. A proposed
Resolution was presented authorizing destruction of certain
obsolete records from the Administrative Services
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ODepartment. The list of records scheduled for destruction
had been reviewed and approved by the Department Head and
the City Attorney.
Acceptance of Report/Authorizing Destruction:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 86-7-15-7, DESTRUCTION OF RECORDS
(ADMINISTRATIVE SERVICES) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS
(ADMINISTRATIVE SERVICES)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
h1���1`i���C•TiT-'
DIRECTOR OF ADMINISTRATIVE SERVICES
1. ESTABLISHING GENERAL OBLIGATION BOND TAX RATE,
1986-87 FISCAL YEAR (214.3)
Written Communications:
Report dated July 15, 1986, from the Director of
Administrative Services, forwarding a Resolution
establishing and imposing an ad valorem general obligation
bond tax rate of .006258 of full value of secured real
property. The report advised that the rate had been in
effect since Fiscal Year 1981-82.
Establishment of General Obligation Sewer Bond Tax Rate:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
-7-15-8. ADOPT
OBLIGATION
BOND TAX RATE - FISCAL YEAR 1986-87 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING AND IMPOSING AN AD VALOREM
GENERAL OBLIGATION BOND TAX RATE FOR THE 1986-87 FISCAL
YEAR
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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0,17 -
The City Clerk was authorized to publish a copy of the
Resolution in a local newspaper within fifteen days after
adoption and to forward a copy of the Resolution to the
Orange County Auditor -Controller.
2. ACTION PLAN FOR CABLE TELEVISION IMPROVEMENTS
(TIMES MIRROR) (417.3)
Written Communications:
Report dated July 15, 1986, from the Director of
Administrative Services, forwarding an Action Plan developed
by Times Mirror and City staff to improve cable television
services. The plan addressed the need for a technical
survey, system improvements and changes, periodic system
reporting, and public relations. The report advised that
Communicable Consultants had been retained to conduct the
technical survey of the cable system.
With the consensus of Council, Mayor Friess ordered the
report received and filed; staff was directed to monitor
performance. Mayor Friess requested that copies of the
staff report be forwarded to persons who had addressed cable
television items earlier in the meeting.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
SELECTION OF CONSULTANT (FORSTER CANYON LANDFILL) (406.651)
Written Communications:
Report dated July 15, 1986, from the Director of Community
Planning and Development, forwarding results of proposals
received for consultant services to assist the City in
evaluating testing procedures and results regarding the
possible presence of toxic substances in the Forster Canyon
Sanitary Landfill. In addition, the consultant will advise
and assist the City in getting the responsible parties to
submit necessary documents, plans, etc., for closure
certification of the landfill by the appropriate State
agencies. Council directed the action at its meeting of
January 21, 1986.
Selection of Consultanilmt/Budget Adjustment:
It was moved by Councan Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the selection
of Intellus Corporation and to authorize the City Manager to
execute an agreement for services not to exceed $14,900, for
Tasks 1-6. A budget adjustment of $14,900 was approved from
the Contingency Account to Account 01-4311-213 (Specialized
Services), with direction to staff that the City is to be
reimbursed for such services prior to or concurrent with any
further development application by the property owner.
-17- 7/15/86
1
2. FREEWAY SIGN IDENTIFICATION PROGRAM (801.1/910.1
Written Communications:
Report dated July 15, 1986, from the Director of Community
Planning and Development, advising that staff prepared a
freeway business sign identification program to replace
free-standing signs at the main entry into the downtown, in
response to the objectives of the Downtown Master Plan and
the Historic Town Center Plan. The report forwarded a draft
of the proposed sign program for Council consideration.
Exhibits were on display and Tom Tomlinson, City Planner,
made an oral presentation, advising that upon approval of
the program outline, specific language and costs will be
defined and returned for further review.
Approval of Draft Freeway Identification Sign Program:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to approve the
draft Freeway Sign Identification Program and to authorize
staff to discuss the project with the California Department
of Transportation.
3. AMERICAN PLANNING ASSOCIATION AWARD - GENERAL
PLAN AUDIOVISUAL PRESENTATION (102.801)
Written Communications:
Report dated July 15, 1986, from the Director of Community
Planning and Development, advising that the audiovisual
program on the City's General Plan had been submitted to the
Orange County section of the American Planning Association;
that the City received Honorable Mention for the program.
Mayor Friess noted that the audiovisual program had been
developed by Larry Lawrence. With the consensus of Council,
the report was ordered received and filed.
DIRECTOR OF PUBLIC WORKS
1. FINAL MAP AND IMPROVEMENT AGREEMENT, TRACT 12735
(GLENDALE FEDERAL) (316.1)
Written Communications:
Report dated July 15, 1986, from the Director of Public
Works, advising that Tract Map 12735 had been found to be in
conformance with the Subdivision Map Act; all necessary
conditions of approval had been met; and, all bonds and fees
had been submitted and paid.
Approval of Tract 12735:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve Tract 12735
(Glendale Federal) with the determination that the map is in
-18- 7/15/86
2.
3.
compliance with the City's General Plan and th
tentative map. The Mayor and City Clerk were
execute the Improvement Agreement on behalf of
The City Clerk was directed to forward the Map
County Recorder's Office.
019
e approved
authorized to
the City.
to the Orange
FINAL PARCEL MAP 86-179 (LACOUAGUE/RIVENDELL) (316.3)
Written Communications:
Report dated July 15, 1986, from the Director of Public
Works, advising that the Final Parcel Map had been found to
be in conformance with Article 2, Chapter 2 of the
Subdivision Map Act; and, all conditions of approval
established by the Planning Commission had been met.
Approval of Final Parcel Map 86-179:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve
Final Parcel Map 86-179 (Lacouague/Rivendell) with the
determination that the Map is consistent with the City's
General Plan and in substantial compliance with the approved
tentative map.
LANDSCAPE MAINTENANCE DISTRICT NO. 1 ASSESSMENTS
(CAPISTRANO ROYALE) (421.2)
Proposal:
Commencement of proceedings to provide for the annual levy
of assessments for the fiscal year beginning July 1, 1986,
and ending June 30, 1987. The assessments will provide for
the annual costs for maintenance of improvements within
Landscape Maintenance District No. 1. The proposed annual
budget for the District was $201,700; assessments in the
amount of $1,690.00 will be reflected on property tax bills
for the 119 lots in the District. A Public Hearing will be
conducted on August 5, 1986.
Written Communications:
Report dated July 15, 1986, from the Director of Public
Works, forwarding the "Report" prepared pursuant to the
provisions of the "Landscaping and Lighting Act of 1972.
Presentation of Boundary Map:
Exhibits were on display and a general presentation of the
boundary map showing the parcels and land to be assessed was
made by the Director of Public Works.
Initiation of Proceedings/Ordering Engineer's Report:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze that the following Resolution be
adopted:
-19-
7/15/86
020
10
A[0
OF
OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND
ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR
A SPECIAL MAINTENANCE DISTRICT - LANDSCAPING
MAINTENANCE DISTRICT NO. 1, TRACTS 10103, 11093, 11094,
AND 11095 (CAPISTRANO ROYALE)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
Pursuant to Section 5 of the Resolution, F. Mackenzie Brown,
Inc., Attorney at Law, was appointed Special Counsel for the
purpose of preparing all documents for the proceedings, in
the amount of $500.00.
Presentation of Engineer's "Report":
The Director of Public Works presented the Engineer's Report
consisting of: (1) plans and specifications describing the
general nature, location and extent of the existing
improvements; (2) a cost estimate; (3) an assessment
diagram; and, (4) an assessment roll.
Approval of "Report":
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 86-7-15-10, APPROVING ENGINEER'S
"REPORT" FOR PROCEEDINGS FOR ANNUAL LEVY OF
ASSESSMENTS - LANDSCAPING MAINTENANCE DISTRICT NO. 1
ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
ENGINEER'S "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY
OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT -
LANDSCAPING MAINTENANCE DISTRICT NO. 1, TRACTS 10103,
11093, 11094, AND 11095 (CAPISTRANO ROYALE)
-20-
7/15/86
r�
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
Intent to Order Annual Levy of Assessments/Set Public
Hearing:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
-7-15-11, DECLARING INTENT TO PROVIDE
'.�netPnl.Yy:� cL�4VIM 4avat eYVIcM0I
�l.t1Y1 J'1'ICliNV muylui.) - H i[LJVLUT1VN VC-.rnrj l;l'1'Y t;VUNl;1L
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE
DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC
HEARING THEREON - LANDSCAPING MAINTENANCE DISTRICT NO.
1, TRACTS 10103, 11093, 11094, AND 11095 (CAPISTRANO
ROYALE)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The Resolution set a Public Hearing for the meeting of
August 5, 1986; the CIty Clerk was directed to publish a
copy of the Resolution in the Capistrano Valley News.
ORDINANCES
1. REZONE 85-5 (NU -WEST) (RE -INTRODUCTION) (318.5)
Written Communications:
(1) Report dated July 15, 1986, from the City Clerk,
advising the Ordinance was introduced at the meeting of
July 1, 1986, and was scheduled for adoption.
(2) Letter dated July 15, 1986, from Belinda Blacketer,
Attorney at Law, 1550 South Coast Highway, Suite 205,
Laguna Beach, 92651, setting forth suggested
modifications to the proposed Specific Development Plan
85-1.
-21- 7/15/86
022
In response to the letter, the City Attorney cited Municipal
Code Section 9-3.425.5(c)(5)vii as the Council's authority
to make an exception to the 30 -foot maximum height
limitation for Planned Development Districts based on
certain findings; i.e., the modification are necessary for
the project to meet the spirit and intent of the General
Plan; the overall quality of the project would be less if
the modifications were not granted; and, the minimum
requirements of other compensating standards have been
significantly exceeded. The City Attorney recommended
revising the Ordinance to incorporate the findings and to
reschedule final reading at the meeting of August 5, 1986.
Re -Introduction of Ordinance ADDrovina Rezone 85-5:
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
Hausdorfer, seconded by Councilman Buchheim that the
following Ordinance be re -introduced as amended:
REZONE 85-5 (NU -WEST, INC.) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 525 BY
APPROVING THE ZONING OF ASSESSOR'S PARCELS NOS.
650-011-18 AND 650-011-26 FROM PD (PLANNED DEVELOPMENT
TO PD (SDP 86-2) (PLANNED DEVELOPMENT, SPECIFIC
DEVELOPMENT PLAN 86-2) (NU -WEST, INC.)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
Consideration of Late Information:
Councilman Hausdorfer suggested that a policy be considered
regarding Council consideration of information received at a
late date.
COUNCILMANIC ITEMS
1. ANNUAL REVI
This item was continued from the meeting of July 1, 1986.
Written Communications:
Report dated July 15, 1986, from the Assistant to the City
Manager, noting that all current commission and board
-22- 7/15/86
023
members had been reappointed on July 1st, with the exception
of the Planning Commission and the Cultural Arts and
Heritage Commission.
Reappointment of Members:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to reappoint all current
members of the Planning Commission and the Cultural Arts and
Heritage Commission.
COUNCIL REMARKS
1. WESTERN HERITAGE ASSOCIATION (105.1)
Councilman Hausdorfer commended members of the Western
Heritage Association for their volunteer work, noting
significant improvements in the trail system. It was moved
by Councilman Hausdorfer, seconded by Councilman Buchheim
and unanimously carried to officially recognize the
Association's efforts at the meeting of August 5, 1986.
2. SAN JUAN FLYERS SOCCER TEAM (105.1)
Councilman Bland noted recent achievements of the San Juan
Flyers, a soccer team composed of teenage girls. Staff was
directed to prepare commendations for the team.
3. SIGN VIOLATIONS (418.3
Councilman Bland cited an on-going sign violation for use of
a portable sign at Cafe Mozart. Staff will investigate the
matter.
4. LIGHTING VIOLATIONS (418.3)
Councilman Bland noted the use of high-intensity outdoor
residential lighting on the hillside in the vicinity of
Sacarama Drive. Staff will investigate the matter and
prepare an off -agenda report.
5. TRIATHLON TRAFFIC PROBLEMS (211.13)
Councilman Bland noted receipt of a letter from Dr. John
Fiore registering complaints regarding use of City streets
for the Triathlon events. Staff was directed to prepare a
response.
6. MEETING ATTENDANCE (104.5)
Mayor Friess advised he would be on vacation and unable to
attend the meeting of August 5, 1986.
-23- 7/15/86
024
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:26 p.m., to the next regular meeting date of
Tuesday, August 5, 1986, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
KYNNE
ZTH E. FRIESS, MAYO
B ARY L. HAUSDORFER
MAYOR PRO TEMPORE
Respectfully submitted,
-24- 7/15/86