86-0819_CC_Minutes_Regular MeetingAUGUST 19, 1986 051
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
7:07 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Paul
Martin, Mission San Juan Capistrano.
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: 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
Regular Meeting of August 5, 1986:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer, that the Minutes of the Regular Meeting of August 5,
1986, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Hausdorfer
NOES: None
ABSTAIN: Mayor Friess
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, 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
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052,
ORAL COMMUNICATIONS
1. LEFT TURN PROHIBITION - AVENIDA PEDF
The following persons addressed Council in opposition to the
proposal to prohibit left turns into and out of Avenida
Pedregal at its intersection with Del Obispo Street, and
advised that striping of the street had commenced prior to
Council approval:
(1) Dan O'Hannon, Harbor Lane Homes;
(2) Tom Barnes, 25635 Calle La Fuente;
(3) Maureen Call, 25641 Calle La Fuente.
The item was scheduled for Council consideration later on
the Agenda.
2. CONDOLENCES - HOWARD JARVIS (610.25)
Russell Burkett, 29520 Spotted Bull Lane, extolled the
accomplishments of Howard Jarvis, who recently passed away.
Mr. Jarvis was noted for his leading role in the tax
reduction movement.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, 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 July 30, 1986, Warrant Nos. 162
through 330, in the total amount of $238,650.13, was
approved as submitted. _
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1)
The City Treasurer's Report of Investments as of July 31,
1986, in the total amount of $10,265,760.67, was approved as
submitted.
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3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(206.12)
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of July 31, 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
June 30, 1986, in the total adjusted amount of $193,586.53,
was approved as submitted.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4)
The Report dated August 19, 1986, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of August 11, 1986, was ordered received and filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
7.
The Report dated August 19, 1986, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of July 9 and 23, 1986, was ordered
received and filed.
As set forth in the report dated August 19, 1986, from the
Director of Public Works, Tract Map 12736 was approved with
the determination that the Map was in compliance with the
General Plan and the approved Tentative Map. The Mayor and
City Clerk were authorized to execute the Improvement
Agreement on behalf of the City; the City Clerk was directed
to forward the Agreement to the Orange County Recorder's
Office.
8. FINAL MAP, TRACT 1
As set forth in the report dated August 19, 1986, from the
Director of Public Works, Tract Map 12737 was approved with
the determination that the Map was in compliance with the
General Plan and the approved Tentative Map. The Mayor and
City Clerk were authorized to execute the Improvement
Agreement on behalf of the City; the City Clerk was directed
to forward the Agreement to the Orange County Recorder's
Office.
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9.
As set forth in the report dated August 19, 1986, from the
Director of Public Works, Tract Map 12738 was approved with
the determination that the Map was in compliance with the
General Plan and the approved Tentative Map. The Mayor and
City Clerk were authorized to execute the Improvement
Agreement on behalf of the City; the City Clerk was directed
to forward the Agreement to the Orange County Recorder's
Office.
10. FINAL MAP
As set forth in the report dated August 19, 1986, from the
Director of Public Works, Tract Map 12739 was approved with
the determination that the Map was in compliance with the
General Plan and the approved Tentative Map. The Mayor and
City Clerk were authorized to execute the Improvement
Agreement on behalf of the City; the City Clerk was directed
to forward the Agreement to the Orange County Recorder's
Office.
11. FINAL MAP, TRACT 12740 (GLENFED
As set forth in the report dated August 19, 1986, from the
Director of Public Works, Tract Map 12740 was approved with
the determination that the Map was in compliance with the
General Plan and the approved Tentative Map. The Mayor and
City Clerk were authorized to execute the Improvement
Agreement on behalf of the City; the City Clerk was directed
to forward the Agreement to the Orange County Recorder's
Office.
12. PLANS, SPECIFICATIONS AND CALL FOR BIDS - MISSION
HILLS SLURRY SEAL PROJECT (600.30/820.20)
As set forth in the report dated August 19, 1986, from the
Director of Public Works, the plans and specifications were
approved for the slurry seal of Mission Hills Drive, Lariat
Circle, Canyon Crest Road, Outpost Road, Silver Spur Road
and Branding Iron Road; and, staff was authorized to call _
for bids. The Engineer's estimate for the project was
$12,000; funds were budgeted in Account No.
12-6900-4710-119.
13. AWARD OF CONTRACT - DEL OBISPO STREET PEDESTRIAN SAFETY
PROJECT (GILLESPIE) (600.30 912.41)
The contract for the Del Obispo Street Pedestrian Safety
Project, including parkway landscaping, was awarded to the
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055
low bidder, Gillespie Construction, Inc., of Costa Mesa, in
the amount of $207,782.50, as set forth in the report dated
August 19, 1986, from the Director of Public Works. All
other bids were rejected. The Mayor and City Clerk were
authorized to execute the document on behalf of the City.
14. ANNUAL CAPITAL IMPROVEMENT PROJECT REPORT FOR FISCAL
YEAR 1985-86 (330.40)
The report dated August 19
Public Works, summarizing
projects for the City, the
and the Sewer Fund during
received and filed.
, 1986, from the Director of
the activity of the capital
Community Redevelopment Agency
the past year, was ordered
REPORT OF PLANNING COMMISSION ACTIONS (140.4)
This item was removed from the Consent Calendar at the
request of Mayor Friess to discuss conditions on the
property formerly occupied by the Sea Otter Swim School.
Mayor Friess advised that the property had come under
foreclosure proceedings and was in a hazardous condition.
He suggested that the proposal to convert the building to an
office use may not be compatible with the adjacent
residential uses. Following discussion, it was moved by
Councilman Buchheim, seconded by Councilman Hausdorfer and
unanimously carried to direct staff to investigate the site
to determine what can be done to mitigate hazardous
conditions, citing the property if necessary. Two members
of the City Council, and representatives of the Planning
Commission and City staff will meet to review and make
recommendations regarding appropriate future use of the
property.
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze and unanimously carried to receive and file the
report dated August 19, 1986, from the Director of Community
Planning and Development, regarding actions taken by the
Planning Commission at their meeting of August 12, 1986.
PUBLIC HEARINGS
1. APPEAL OF ZONING ADMINISTRATOR ACTION - ZONE
VARIANCE 86-9 BRAITHWAITE) (323.2)
This Public Hearing was continued from the meeting of
August 5, 1986.
Written Communications:
(1) Report dated August 5, 1986, and resubmitted August 19,
1986, from the Director of Community Planning and
Development, recommending denial of the appeal of the
Zoning Administrator's decision to deny a request to
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056
allow a previously -built open patio cover to encroach
10 feet into the minimum 10 -foot side -yard setback.
(2) Letter dated August 14, 1986, from Charles G. McCollum,
33761 Valle Road, San Juan Capistrano, stating
opposition to the proposed variance.
(3) Letter dated August 14, 1986, from Stephen M. Rios,
Attorney at Law, 31781 Los Rios Street, stating
concurrence with the request for a continuance made by
Mr. McClung, Attorney at Law, representing Dr. Dyer.
(4) Letter dated August 15, 1986, from Charles E. McClung,
Attorney at Law, Fleming, Anderson, McClung & Finch,
24012 Calle de la Plata, Suite 330, Laguna Hills,
California, 92653, requesting a continuance of the item
to the meeting of September 2, 1986.
Public Hearing:
Notice having been given as required
opened the Public Hearing and, there
closed the Hearing with the right to
by law, Mayor Fries=_
being no response,
re -open at any time.
Hearing Continued to September 2, 1986:
With the concurrence of Council, Mayor Friess directed that
the item be continued to the meeting of September 2, 1986.
2. SECOND EXTENSION OF TIME - TENTATIVE TRACT 11587 AND
This Public Hearing was continued from the meeting of
April 15, 1986.
Written Communications:
Report dated August 19, 1986, from the Director of Community
Planning and Development, recommending the item be continued
to allow the City's consultant to complete preliminary
evaluation of the test findings for toxic substances and
identification of closure procedures for the sanitary
landfill. The report further advised that the Meredith
Canyon Homeowners' Association requested incorporation of a
separate condition on Tentative Tract 11832 to establish a
mechanism for protecting views; that any additional
conditioning of the tentative tracts would require the
consent of the property owner.
Public Hearing:
Notice having been given as required
opened the Public Hearing and, there
closed the Hearing with the right to
by law, Mayor Friess
being no response,
re -open at any time.
Hearing Continued to September 19, 1986:
With the concurrence of Council, Mayor Friess directed that
the item be continued to the meeting of September 16, 1986.
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3. WEED ABATEMENT CHARGES (610.1)
Proposal:
Hearing held in compliance with City Ordinance No. 348, to
allow all affected parties to comment regarding the weed
abatement program and assessment charges.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated August 19, 1986, from the Director of Public
Works, forwarding the charges for the City's Weed Abatement
Program for Council confirmation. The report advised that
the contractual costs of the program to date were
approximately $37,000.
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.
Confirming Cost Report for 1986 Weed Abatement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze that the following Resolution be
adopted:
RESOLUTION NO. 86-8-19-1. CONFIRMING
1986 WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING THE COST REPORT FOR THE 1986 WEED ABATEMENT
IN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer and Mayor Friess
NOES: None
ABSENT: None
Staff was directed to forward a copy of the "City of San
Juan Capistrano, Weed Abatement - 1986" report to the County
Auditor -Controller for inclusion on the County tax roll.
RECESS AND RECONVENE
Council recessed at 7:31 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:33 p.m.
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ADMINISTRATIVE ITEMS
DIRECTOR OF ADMINISTRATIVE SERVICES
CABLE TELEVISION TECHNICAL SURVEY RESULTS (1000.60)
Written Communications:
Report dated August 19, 1986, from the Director of
Administrative Services, forwarding the report of
CommuniCable Consultants Group, entitled "Executive Report,
Cable System Reinspection," and a summary of the test
results provided by Times Mirror. CommuniCable Consultants
recommended that Times Mirror formalize a plan to address
the following issues:
(1) Headend - Locate and correct remaining picture
distortions within a time frame of 30 days.
(2) Emergency Override - Reconnect equipment at Saddleback
College headend or at San Juan hubsite within a time
frame of 30 days.
(3) Sweep Balance - Entire system to every end -of -line
should be balanced and all defective elements replaced
within a time frame of 60 days.
(4) Signal Leakage Inspection - Perform on entire system
and correct all leakage problems affecting picture
quality within a time frame of 60 days; on-going
inspection should continue thereafter.
The Director of Administrative Services made an oral report,
stating that Times Mirror had demonstrated a good faith
effort in maintaining the action plan approved July 15th.
He introduced Rich Anderson, the new General Manager of
Times Mirror Cable Television.
Request to Develop Action Plan:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to request that Times
Mirror develop an action plan for presentation to City staff
which carries out the recommendations of CommuniCable
Consultants. Staff was directed to continue monitoring the
cable television technical standards as established by City
Council on July 15, 1986.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF GENERAL PLAN AMENDMENT 86-4A
(OSO RANCH MYRON SMITH) (440.25)
Proposal:
Request for initiation of a General Plan Amendment on 19.1
acres of the Oso Ranch property located generally at the
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northwest corner of Camino Capistrano and Oso Road just west
of the Atchison, Topeka and Santa Fe Railway. The requested
amendment would change the designation from Medium
Residential (1.4) and General Open Space (2.0) to a Planned
Community Designation allowing for the construction of a
mini -storage facility and tennis academy.
Applicant:
Myron Smith, Partner, Oso Ranch Company, P. O. Box 936, San
Juan Capistrano, 92693.
Written Communications:
Report dated August 19, 1986, from the Director of Community
Planning and Development, recommending consideration of a
change in land use designation from Medium Residential (1.4)
and General Open Space (2.0) to Special Study (SS).
Susan Tebo, Associate Planner, made an oral presentation;
the Director of Community Planning and Development requested
that the Planning Commission be allowed to recommend
whatever designation they felt was appropriate for the site.
Initiation of General Plan
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer to initiate consideration of a General Plan
Amendment for a 19.1 -acre portion of the Oso Ranch Company
for a change in land use designation from Medium Residential
(1.4) and General Open Space (2.0) to Special Study (SS),
noting that such initiation in no way implies an intention
to either approve or deny the request.
lood
Mayor Friess suggested that it might be appropriate to study
methods of alleviating flood control problems in the area;
Councilman Bland suggested that Homeowner Associations in
the area be notified of the item when it comes to a public
hearing. With the concurrence of the second, Councilman
Buchheim amended the motion to include consideration of
flood control problems in the area; to direct that Homeowner
Associations in the vicinity receive notification of the
Public Hearing; that larger signs be posted; and, that at
the appropriate time the mail list and proposed signage be
approved by Council. A proposed scope of work and cost
analysis for the flood control matter is to be submitted for
Council review within 60 to 90 days. The motion carried
unanimously.
2. APPEAL OF TREE INSPECTOR'S DECISION TO DENY
TREE REMOVALS (CAPISTRANO VILLAS NO. 3) (410.80)
Written Communications:
(1) Report dated August 19, 1986, from the Director of
Community Planning and Development, advising that the
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Capistrano Villas No. 3 Homeowner's Association had
appealed the Tree Inspector's decision to deny a
request to remove 84 trees. The report advised that
inspection of the trees revealed that in only three
cases could trees be justifiably removed and replaced.
The report further advised that the buffering effect
provided by the trees was part of the development
approval, and the request did not meet the criteria for
issuance of a tree removal permit per Section 9-2.308
of the Municipal Code.
(2) Letter dated August 18, 1986, from Jean Ambrose,
Account Administrator, Concord Management Corporation,
P. O. Box 3936, Laguna Hills, 92654, requesting the
item be rescheduled to September 16, 1986.
Continuation of Appeal:
With the concurrence of Council, Mayor Friess directed that
the matter be continued to the meeting of September 16,
1986.
3. AGREEMENT TO ALLOW 4 MODULAR UNITS
(OCEAN HILLS COMMUNITY CHURCH) (600.30)
Written Communications:
Report dated August 19, 1986, from the Director of Community
Planning and Development, advising that site plan
modifications to Architectural Control 81-1, to allow
placement of four temporary trailers concurrent with
expansion of a permanent education facility at the Ocean
Hills Community Church, had been approved by the Planning
Commission on February 25, 1986. On August 12, 1986, the
Commission reviewed plans for an expansion larger than that
previously approved; the enlarged facility did not receive
approval and would require a new architectural control
application. The applicant requested that the four
temporary units be allowed on the site while the application
was being processed. The units would be used primarily for
Sunday School purposes.
t for Placement of Temporary Modular Trailers:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to direct the City
Attorney to prepare an agreement for City Council execution
to allow four temporary modular units on the Ocean Hills
Community Church site, subject to the following schedule as
recommended by the Planning Commission:
(1) Revised master plan shall be resubmitted to the
Planning Commission as a worksession item within 3
months of execution of the agreement;
(2) Formal submittal for the Phase II educational facility
within 6 months of execution of agreement;
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8/19/86
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061
(3) Final working drawings (construction plans) - submittal
within 12 months of execution of agreement;
(4) Building plans and permits issued within 15 months of
date of execution of agreement; and,
(5) Modulars will be moved within 30 days of Certificate of
Occupancy for the education facility.
MODIFICATION TO ARCHITECTURAL CONTROL 85-3
(SAN JUAN CORPORATE PLAZA) (328.2
Proposal:
Consideration of an Architectural Control application to
construct a multi-level office structure of 32,127 square
feet on 3.54 acres located adjacent to the San Diego Freeway
at the eastern terminus of Junipero Serra Road and Rancho
Viejo Road. The project includes a subterranean parking
facility. Council denied a previous application on July 15,
1986, and provided directions for any future submittals.
Applicant/Property Owner:
Republic Commercial Company, 22952 Alcalde Drive, Suite 140,
Laguna Hills, 92653.
Written Communications:
(1) Report dated August 19, 1986, from the Director of
Community Planning and Development, summarizing the
revised plans and setting forth their conformity with
Council direction of July 15, 1986. The report
forwarded the Planning Commission recommendation of
approval.
(2) Letter dated August 18, 1986, from Robert R. Foresman,
representing Malaspina Estates, 26902 Paseo Cardero,
and Albert J. Baumgartner, representing Mission Hills
Estates, 26852 Canyon Crest, requesting additional
conditions be placed to reduce the square footage of
the building to no more than 29,400, and to lower the
height of the building by lowering the subterranean
parking.
Exhibits were on display and Susan Tebo, Associate Planner,
made an oral report, reviewing Council actions and
directions of July 15, 1986, and advising that the applicant
had met all directives. She discussed the proposed grading
plan and the landscaping which would screen and buffer the
retaining wall. She discussed the exhibit prepared by staff
in response to the letter from Mr. Foresman and Mr.
Baumgartner, advising that it would screen from view the
bottom -most window in the subterranean parking area. She
stated that the landscape screening and creation of a berm
extending directly to the wall would mitigate their concern
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062
regarding the appearance of a three-story building. She
advised that the applicant had agreed to the proposal as
presented by staff. In response to Council, Ms. Tebo
clarified that the berm height had been increased rather
than the building lowered. Councilman Hausdorfer clarified
that his July 15th suggestion to reduce the density had not
specifically stated the necessity to conform to the _
29,400 -square -foot Plan C alternate.
Robert Foresman, 26902 Paseo Cardero, stated that Plan C as
presented on July 15th, was an indication that the developer
could live with the reduced square footage and that Council
should consider it a maximum; that their concern regarding
the massiveness of the building would be mitigated by
reducing the square footage and physically lowering the
building.
Walter Gaynor, applicant, Republic Commercial Company, 22952
Alcalde Drive, Suite 140, Laguna Hills, 92653, stated that
the present proposal of 32,127 square feet was 16.5 percent
less dense than the previous proposal; that the footprint
covered only 18.3 percent of the entire site and was
slightly smaller than that of Alternate Study C. He further
advised that the alternate plans exhibited on July 15th had
been prepared at the suggestion of the City for possible
mitigation of the cost of improving Rancho Viejo Road; that
none of the studies mitigated the high cost of the road
improvements.
Elmer Christiansen, project engineer, presented and
discussed an exhibit prepared to meet the concerns expressed
by Mr. Foresman. The exhibit depicted the top of the
building 19 feet lower than originally shown; the retaining
wall was virtually hidden behind the building; and, the
floor of the garage was at grade level; i.e., approximately
3 feet higher than Junipero Serra and Rancho Viejo Roads.
Tom Tomlinson, City Planner, reiterated that the exhibit
prepared by staff represented the staff recommendation to
the Planning Commission to change the bottom grade from 3:1
to 2:1. He advised that the applicant had agreed to the
proposal. In response to Council, Mr. Tomlinson stated that
lowering the parking area below street level would require
lowering of the parking area behind the building and would
affect the height of the retaining wall.
Jack Selmon , project architect, stated that further
lowering of the building would require a raising of the
retaining wall; that eventually construction of a retaining
wall would be impractical and a cribwall situation would
develop. He noted that construction and flooding problems
would also be encountered if the building were lowered below
street level. He further stated that reducing the density
to 29,400 square feet would not change the basic footprint
and mass of the building.
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1.
Vincent Eacona, 31901 Silver Spur, President of the Mission
Hills Ranch Homeowners Association, stated concern with the
appearance of a three-story building and a desire for a
lower density and compatibility with the approved Health
Park project. He stated a two-story appearance was
acceptable.
Russell Burkett, 29520 Spotted Bull Lane, discussed visual
differences between the original submittal and the present
submittal. He suggested that the developers of this project
and of the Health Park project work together to implement
road improvements simultaneously. Mr. Gaynor advised he
would be willing to work with the adjacent developer on road
improvements.
Following discussion, there was a Council consensus that the
road improvement linkage be studied; however, there was no
intent to commit the City financially. Councilman Bland
initiated discussion regarding reducing the density to
29,400 square feet.
Approval of Architectural Control 85-3:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be adopted
with a modification to require berming per the exhibit
prepared by staff and presented to Council at the meeting of
August 19, 1986, entitled "San Juan Corporate Plaza Exhibit
reflecting changes recommended by Planning Commission
Condition No. 3":
APPROVING ARCHITECTURAL CONTROL 85-3. JUNIPERO
SERRA PARTNERSHIP (SAN JUAN CORPORATE PLAZA) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
MODIFICATION TO ARCHITECTURAL CONTROL 85-3, A PROPOSAL
TO CONSTRUCT A 32,127 -SQUARE -FOOT OFFICE COMPLEX
LOCATED AT THE INTERSECTION OF JUNIPERO SERRA ROAD
AND RANCHO VIEJO ROAD (SAN JUAN CORPORATE PLAZA)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim, and
Hausdorfer
NOES: Councilman Bland and Mayor Friess
ABSENT: None
Written Communications:
Report dated August 19, 1986, from the Director of Public
Works, setting forth four recommendations made by the
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i •�
Traffic and Transportation Commission regarding southbound
left turn movements from Del Obispo Street onto Avenida
Pedregal. The report advised that staff supported the
Commission's June 11, 1986, recommendation to take
appropriate action to prohibit left turns into and out of
Avenida Pedregal on a temporary basis until the westerly
widening project on Del Obispo Street was implemented.
Plans and signs had been prepared and necessary construction
materials ordered to implement left turn restrictions on
August 27th; Council was requested to concur with
implementation of the restrictions.
Exhibits were on display and the Director of Public Works
made an oral report, noting that the Traffic and
Transportation Commission had conducted meetings to study
alternative solutions in response to letters and petitions
received from residents of the Harbor Lane tract. He
advised that special signage had been prepared to indicate
that the prohibition would be implemented on August 27th;
that striping should not have taken place prior to Council
approval. He advised that persons who had expressed
interest at the Traffic Commission level, the Harbor Lane
Homeowners Association, and residents of the Troy Homes had
been notified of the proposal. Mayor Friess stressed that
the intent was that the prohibition would be a temporary
measure; that the striping that had taken place would be
corrected.
Public Input:
(1) Larry Culbertson, 32882 Avenida Del Rosal, discussed
his understanding of the Traffic Commission actions and
recommendations. He stated opposition to the
prohibition, noting its inconvenience, and expressed
concern regarding increased traffic in the adjacent
community and in front of the schools on Camino del
Avion. He stated support for the staff recommendation
to the Commission on November 13, 1985, to reduce
southbound Del Obispo to one lane in order to provide a
left turn pocket at Avenida Pedregal.
(2) Stan Fryer, 25685 Via Del Rey, advised that the
intersection was in a state of disrepair.
Continuation of Item: _
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to continue the
item to allow for a re -analysis by staff and re -submittal to
Council in October. Staff was directed to include on the
notification list the names of persons who addressed Council
and the Homeowner Association President.
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665
2. CHANGE ORDER NO. 3, VEREDA BIKEWAY - LA NOVIA TO VIA SOLANA
(HUSBY CONSTRUCTION) (704.5)
Written Communications:
Report dated August 19, 1986, from the Director of Public
Works, forwarding Change Order No. 3, for additional fill
and soil sterilent spraying, and a decrease in the amount of
asphalt concrete and traffic guards previously estimated.
The Change Order consisted of an increase of $10,415.30 in
extra work and a reduction of $2,022.85 for deleted items,
resulting in a net change of $8,392.45. The final contract
cost was $107,778.45.
Approval of Change Order No. 3:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve
Change Order No. 3, in the amount of $8,392.45, for the
Vereda Bikeway - La Novia to Via Solana project.
3. COMPLETION OF VEREDA BIKEWAY - LA NOVIA TO
VIA SOLANA (HUSBY CONSTRUCTION) (704.5)
Written Communications:
Report dated August 19, 1986, from the Director of Public
Works, advising that work on the Vereda Bikeway from La
Novia to Via Solana had been completed.
Acceptance of Work:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
-19-3, COMPLETION OF THE VEREDA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE VEREDA BIKEWAY, LA NOVIA TO VIA
SOLANA (HUSBY CONSTRUCTION COMPANY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer and Mayor Friess
NOES: None
ABSENT: None
The Resolution accepted the work as complete in the amount
of $107,778.45, and directed the City Clerk to forward a
Notice of Completion to the County Recorder.
-15- 8/19/86
Payment status was as follows:
Total Cost $107,778.45
Less 108 Retention 10,777.85
Less Previous Payment 48,150.00
Amount Due 48,850.60
Staff was authorized to make payment as indicated and to
release the 108 retention 35 days after recording of the
Notice of Completion.
ORDINANCES
ORDINANCE APPROVING REZONE 85-5
Written Communications:
Report dated August 19, 1986, from the City Clerk, advising
that the Ordinance was re -introduced as amended at the
meeting of August 5, 1986, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Buchheim that the
following Ordinance be adopted:
ORDINANCE NO. 581, 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
2. ADOPTION OF ORDINANCE APPROVING REDEVELOPMENT PLAN
AMENDMENT 86-1 (ADOPTION URGENCY) (152)
Written Communications:
Report dated August 19, 1986, from the City Clerk, advising
that the following Ordinance was introduced at the meeting
of August 5, 1986, and was scheduled for adoption.
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Adoption of Ordinance:
The City Attorney read
order. Further reading
earlier in the meeting.
Schwartze, seconded by
following Ordinance be
067
the title of the Ordinance next in
of all Ordinances had been waived
It was moved by Councilman
Councilman Buchheim that the
adopted:
ORDINANCE NO. 582, ADOPTING REDEVELOPMENT PLAN
AMENDMENT 86-1 - SAN JUAN CAPISTRANO CENTRAL
REDEVELOPMENT PROJECT - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING
REDEVELOPMENT PLAN AMENDMENT 86-1 TO THE REDEVELOPMENT
PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT
PROJECT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer and Mayor Friess
NOES: None
ABSENT: None
The following Ordinance was submitted as an urgency measure
necessary to preserve the public peace, health or safety, by
assuring the applicability of the 1986-87 tax year as the
base roll for the Added Area, and thereby to promote the
availability of tax increment revenue in an amount greater
than would otherwise be available to accomplish the public
purposes of the Project and Amendment 86-1.
Adoption of Urgency Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinance had been waived
earlier in the meeting. It was moved by Councilman
Schwartze, seconded by Councilman Buchheim that the
following Ordinance be adopted:
N] 7 Ill
PLAN
tUIM1VUM N.y 00-1 - 01IN JUti1V I ftr1a1'I(ANU UZV" A&U
REDEVELOPMENT PROJECT (URGENCY) - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND
ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 TO THE
REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL
REDEVELOPMENT PROJECT (URGENCY)
-17- 8/19/86
1 •:
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer and Mayor Friess
NOES: None
ABSENT: None
3. APPROVING AMENDMENT TO TITLE 9, CHAPTERS 2 AND 3 OF THE
Written Communications:
Report dated August 19, 1986, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
August 19, 1986, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Schwartze that the
following Ordinance be adopted:
ORDINANCE NO. 584, APPROVING AMENDMENT TO TITLE 9
OF THE MUNICIPAL CODE - DISH ANTENNAE REGULATION -
LLV VLY1111Y A1Y 1. LL VL' 1LLL V1 VL' JAL, V 11 \..11L 1JLLYCIIYV,
CALIFORNIA, AMENDING SECTION 9-3.609 OF ARTICLE 6,
"SUPPLEMENTARY DISTRICT REGULATIONS," OF CHAPTER 3,
"ZONING," OF TITLE 9, "LAND USE," OF THE MUNICIPAL CODE
RELATING TO ANTENNAE REGULATION
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer and Mayor Friess
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE -
Written Communications:
Report dated August 19, 1986, from the City Clerk, advising
that the Annual Conference will be held October 19, 1986,
through October 22, 1986, in Los Angeles. The General
Business Session was scheduled for Tuesday, October 21,
1986, at 2:00 p.m., and it was necessary to designate a
Voting Delegate and an Alternate Delegate to represent the
City.
-18- 8/19/86
Appointment of Voting Delegate: 0 v v
Councilman Bland nominated Councilman Schwartze. There
being no further nominations, nominations were closed and it
was moved by Councilman Bland, seconded by Councilman
Hausdorfer and unanimously carried to appoint Councilman
Schwartze to represent the City as the Voting Delegate.
Appointment of Alternate Delegate:
Councilman Bland nominated Mayor Friess. There being no
further nominations, nominations were closed and it was
moved by Councilman Bland, seconded by Councilman Hausdorfer
and unanimously carried to appoint Mayor Friess to represent
the City as the Alternate Delegate.
COUNCIL REMARKS
1. LEAGUE OF CALIFORNIA CITIES CONFERENCE (140.20)
Councilman Schwartze noted a request from the League of
California Cities for a poster dealing with the City for
inclusion in an end -of -conference display. THere was a
consensus of Council that staff prepare several selections
for Council review.
2. PARK FUNDS (1199R) (660.40)
There was a consensus of Council that a letter be prepared
for the Mayor's signature supporting Federal Bill 1199R for
forwarding to the Conference Committee on Water REsources
and to Senator Wilson.
YEAR-END FISCAL REPORT (330.50
Councilman Bland noted that the 12 -month financial report
indicated that the City ended the fiscal year with a
positive balance.
4. BATHGATE RANCH/KAISER DEVELOPMENT (440.25)
Mayor Friess initiated discussion regarding a request from
Kaiser Development for a meeting on August 22, 1986, to
discuss the amount of density the City would support. There
was a consensus of Council that prior to such a meeting, a
determination be made regarding the level of development
which would be acceptable to the community.
SPHERE OF INFLUENCE (620.20)
Mayor Friess noted an August 12th memorandum regarding the
City's sphere of influence and the Dana Point area. The
City Manager advised that the area included the Thunderbird
homes, Dana Knolls and Sea Knolls and was served by the
Capistrano Valley Water District. Staff was directed to
contact residents of the area prior to initiation of any
action.
-19-
070
6
GOAL SETTING (610.70)
Mayor Friess noted a Council goal -setting session scheduled
in September.
7. EARLY CALIFORNIA REFLECTIONS (LIBRARY GRANT FUND PROJEC
(950.30)
Mayor Friess noted that the exhibits and lectures would
begin on August 29th and would continue through
October 13th.
8. LACOUAGUE PROPERTY (420.40)
There was a consensus of Council to direct staff to work
with the developer and prepare a report regarding
acquisition of certain Open Space easements in fee in the
ARea C hillside and along San Juan Creek.
9. SISTER CITIES (140.50)
Councilman Schwartze advised that a meeting had been
scheduled for August 22, with the Argentine Consul regarding
reciprocal visits.
CLOSED SESSION
Council recessed to a Closed Session at 9:22 p.m., for discussion
of personnel, the City Clerk being excused therefrom, and
reconvened at 10:06 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:06 p.m., to the next regular meeting date of
Tuesday, September 2, 1986, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
MARY ANN 7NOVER, 9CITY CLERK
-20- 8/19/86