86-0902_CC_Minutes_Regular Meeting071
SEPTEMBER 2, 1986
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 7:05 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Arch
Rutherford, Coast Bible 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: 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; Cheryl Johnson,
Recording Secretary.
DEDICATION OF MEETING TO JOHN R. WILLIAMS
There was a consensus of Council that the meeting be dedicated to the memory of
John R. Williams, a long-time resident who recently passed away.
MINUTES
Adjourned Regular Meeting of August 12, 1986:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the
Minutes of the Adjourned Regular Meeting of August 12, 1986, be approved as
submitted. The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
Regular Meeting of August 19, 1986:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of August 19, 1986, be approved as submitted. The
motion carried by the following vote:
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AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
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. RESOLUTION COMMEMORATING DUKE FOLKERS (610.40)
Written Communications:
Report dated September 2, 1986, from the Director of Community Services,
forwarding a Resolution in honor of the late Duthiel "Duke" Folkers, and advising
that a commemorative, inscribed wall clock will be placed in the office at the San
Juan Hot Springs Dance Hall where Mr. Folkers did much of his volunteer work for
the community.
Adoption of Resolution:
Mayor Friess displayed the commemorative clock and read the Resolution in full. It
was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the
following Resolution be adopted:
86-9-2-1. COMMEMORATING DUTHIEL "DUKE"
1-VLI�L:RJ — A LILJVLV 1V 1Vt lL lrll l �VvlaiaL • a
OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMEMORATING
DUTHIEL "DUKE" C. FOLKERS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
Mayor Friess presented the Resolution to Mrs. Folkers.
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2. COMMEMORATING JOHN R. WILLIAMS (610.40)
Mayor Friess noted the recent death of John Williams, a long-time resident of the
City, and cited his contributions to the community. He further noted that in 1980 a
seat in the Council Chamber had been dedicated to Mr. Williams, who was regular in
his attendance at City Council and Planning Commission meetings.
ORAL COMMUNICATIONS
1. APPEAL OF ZONING ADMINISTRATOR DECISION (BRAITHWAITE) (460.60)
Stephen M. Rios, Attorney at Law, 31781 Los Rios Street, representing Mr.
Braithwaite, advised that he was prepared to go forward with the Public Hearing
scheduled later on the Agenda, but as a matter of courtesy to Mr. Dyer, his client
had agreed to the requested continuance.
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 (300.30)
The List of Demands dated August 3, 1986, Warrant Nos. 331 - 473, in the total
amount of $496,031.56, was approved as submitted.
2. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated September 2, 1986, from the Secretary of the Parks and
Recreation Commission, regarding actions taken at the meeting of August 8, 1986,
was ordered received and filed.
3. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated September 2, 1986, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of August 26, 1986, was ordered
received and filed.
4. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20)
The Report dated September 2, 1986, from the Director of Public Works, setting
forth the status of the Camino Capistrano Bridge construction, was ordered received
and filed. The Director of Public Works noted that signs will be erected advising of
the traffic congestion and road closures.
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5. COMPLETION OF MISSION AND
As set forth in the report dated September 2, 1986, from the Director of Public
Works, the Mission Street and Ramos Street Improvement Project in the Los Rios
Area was completed.
Acceptance of Work:
The following Resolution was adopted:
OF THE
lr1UJt1T t_UIVJI KUI. I LVIN %-UIVIrMl I I - n IcnavL u Alw.' v -
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF THE LOS RIOS
AREA/MISSION STREET AND RAMOS STREET IMPROVEMENTS
(HUSBY CONSTRUCTION COMPANY)
The Resolution accepted the work as complete in the amount of $60,223.63, and
directed the City Clerk to forward a Notice of Completion to the County Recorder.
Payment status was as follows:
Total Project Cost $60,223.63
Less 10% Retention 6,022.36
Less Previous Payment 54,201.27
Amount Due .00
Staff was authorized to release the 10% retention 35 days after recording the Notice
of Completion.
6. COMPLETION OF CITY
As set forth in the report dated September 2, 1986, from the Director of Public
Works, the City Yard Paving project was completed.
Acceptance of Work:
The following Resolution was adopted:
TION
I/T:a
PAVING kHUJtlY GUN31KUk-11U1N t-ulyirtIIII/ - n ncova.v uv.v.
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 CITY
YARD PAVING (HUSBY CONSTRUCTION COMPANY)
The Resolution accepted the work as complete in the amount of $35,118.30, and
directed the City Clerk to forward a Notice of Completion to the County Recorder.
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Payment status was as follows:
Total Project Cost $35,118.30
Less 10% Retention 3,511.83
Less Previous Payment 31,606.46
Amount Due .00
Staff was authorized to release the 10% retention 35 days after recording of the
Notice of Completion.
7. NOTICE OF COMPLETION AND RELEASE OF SURETY - TRACT 10319
As set forth in the report dated September 2, 1986, from the Director of Public
Works, the public improvements for Tract 10319 were completed.
Acceptance of Work:
The following Resolution was adopted:
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO
BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 10319 (MESA
VERDE/GLENDALE FEDERAL)
The Resolution accepted the work as complete and directed the City Clerk to
forward a Notice of Completion to the County Recorder.
The Faithful Performance surety for public improvements was extended to
September 2, 1987; staff was authorized to release the surety after a one-
year maintenance period. Staff was authorized to exonerate the Labor and
Material and Monumentation sureties upon the expiration of 35 days from
recording of the Notice of Completion. The Letter of Credit in the amount
of $25,000, held by Glendale Federal Savings 8: Loan for installation of a
traffic signal at the intersection of La Novia and San Juan Creek Road, will
remain in force until installation has been completed.
PUBLIC HEARINGS
This Hearing was continued from the meeting of August 19, 1986.
Written Communications:
1 Report dated August 5, 1986, and resubmitted September 2, 1986, from
the Director of Community Planning and Development, forwarding
background information and a recommendation to reconfirm the Zoning
Administrator's decision.
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2.
(2) Letter dated August 29, 1986, from Charles E. McClung, Attorney at
Law, Fleming, Anderson, McClung & Finch, 24012 Calle de la Plata,
Suite 330, Laguna Hills, California 92653, requesting the item be
continued to the meeting of September 16, 1986.
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.
Continuation of Hearing:
With the consensus of Council, Mayor Friess directed that the item be
continued to the meeting of September 16, 1986.
Proposal
Consideration of establishing parking regulations for vehicle and equipment
rental and leasing businesses. This item was considered at the meeting of
April 15, 1986, and referred to the Planning Commission for review.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated September 2, 1986, from the Director of Community Planning
and Development, forwarding the Planning Commission recommendation of
approval. The report advised that the amendment would apply the same
standard used for building equipment sales because that standard related to
the number of vehicles operated in conjunction with the business.
Tom Tomlinson, City Planner, made an oral presentation, noting that the item
had been referred to the Planning Commission at the request of South Coast
Travel to consider language to exempt late model passenger vehicles from
screening requirements. He cited the Planning Commission recommendation
to exempt late model passenger vehicles from screening requirements
provided there were no more than 15 cars on the site during any 72 -hour
period. He advised that Mr. Herwig, agency operator for Avis at Orange
Coast Travel, had concurred with the recommendation.
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.
Approval of Amendment:
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 Schwartze that
the following Ordinance be introduced:
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AMENDMENT TO
077
- PARKING
USES - AN
CALIFORNIA, AMENDING SECTION 9-3.602 (G)(3)(XVII) OF THE
MUNICIPAL CODE RELATING TO PARKING REQUIREMENTS FOR
VEHICLE AND EQUIPMENT RENTAL AND LEASING
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
3. TENTATIVE PARCEL MAP 86-252 -
Proposal
Consideration of a proposal to subdivide .988 acres into two parcels. The project is
located at the intersection of Del Obispo Street and Los Rios Street; surrounding
uses include a nursery to the north, San Juan Creek to the west, and commercial
uses to the south and east. The zoning is SP (Specific Plan); the parcelization of the
site is in conformance with the Los Rios Precise Plan.
Applicant
Mr. Gerald J. Chazan, 431 North Brand Boulevard, Suite 101, Glendale, 91203.
Written Communications:
Report dated September 2, 1986, from the Director of Community Planning and
Development, forwarding the Planning Commission recommendation of approval.
Exhibits were on display and Susan Tebo, Associate Planner, made an oral
presentation, noting that there had been concerns expressed regarding impacts on
traffic and circulation. She advised that the parcelization would not affect the
circulation on or about the property. She cited the condition requiring a reciprocal
access agreement for access over both parcels.
Mayor Friess initiated discussion regarding impacts on the circulation upon
implementation of the Los Rios Precise Plan. The City Manager advised that the
City retained the ultimate right-of-way for Los Rios Street; the issue would be
blocking access to the project from Los Rios Street.
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.
Approval of Tentative Parcel Map 86-252:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that
the following Resolution be adopted:
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1
UTION NO.
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 86-252 (CHAZAN)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:33 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:34 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REQUEST FOR INCREASE,_ SENATE BILL 201 DEVELOPER FEES
Written Communications:
Report dated September 2, 1986, from the Assistant to the City Manager,
forwarding a request from the Board of Trustees of the Capistrano Unified
School District to amend the City's Ordinance No. 424 as follows:
(1) Increase developer fees on all future dwelling units in the City for
which building permits have not been issued as of May 5, 1986, to $2,000
per dwelling unit.
(2) Allow the District to use fees collected after May 5, 1986, for both
temporary and permanent school facilities.
(3) Permit residential developers to provide letters from the District which
state that the impacts of projects have been mitigated by way of a
separate agreement providing school facilities in lieu of the payment of
developer fees.
The report set forth the staff recommendation to amend the Ordinance to
allow imposition of a fee not to exceed $2,000; to allow facilities to be
defined as permanent structures and relocatable classrooms; and, to allow a
builder of a residential development to submit a letter from the District
stating that conditions of overcrowding were mitigated by way of a separate
agreement with the District for school facilities; the agreement to be
reviewed and signed by the City Manager, on behalf of the City, prior to
issuance of the letter.
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Councilman Schwartze stated concerns that high-growth areas outside the
City should take similar actions to require increased fees. He was advised
that the County had taken no action on the increased fees; the City of San
Clemente would be considering the action shortly. Discussion ensued
regarding the City's attempt to control growth; impacts on the school system
from surrounding communities; and, the need for agencies in the area to be in
line with each other.
Approval of Proposed Amendments/Preparation of Ordinance:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer,
and unanimously carried to approve the proposed amendments to Chapter 2,
Title 9, Article 5 of the Municipal Code, and to direct the City Attorney to
prepare an ordinance for introduction at the City Council meeting of
October 7, 1986, to formally make the amendments.
Request for Status Report from School District:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer,
and unanimously carried to direct staff to prepare a letter to the Capistrano
Unified School District indicating that the District should work with other
jurisdictions in the area to encourage implementation of the increased fees
and requesting a status report from the District on implementation of the
fees by those jurisdictions. The status report is to be presented in
conjunction with the ordinance approving the increased fees.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1.
6 hh
Written Communications:
Report dated September 2, 1986, from the Director of Community Planning
and Development, advising that on January 13, 1986, one bid for the Los Rios
Paint Program was received from Al Lowry, who was subsequently unable to
meet the bid bond requirement. The report advised that the bonding
requirement was eliminated from the contract due to the small size of the
project and the contractor's provision of a $1,000,000 insurance policy. The
report recommended award of the revised contract to Mr. Lowry.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman Bland, and
unanimously carried to award the contract for the Little Hollywood Paint
Program, Phase II, to Al Lowry of Mission Viejo, at a cost not to exceed
$18,500, and to authorize the Mayor and City Clerk to execute the contract
on behalf of the City.
COUNCILMANIC ITEMS
1. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY
CULTURAL ARTS AND HERITAGE COMMISSION JONES 110.20
Written Communications:
Report dated September 2, 1986, from the Assistant to the City Manager,
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forwarding the resignation of Les Jones from the Cultural Arts and Heritage
Commission.
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Councilman Hausdorfer, seconded by Councilman Bland, and
unanimously carried to accept the resignation of Les Jones, to authorize
preparation of a Resolution of Commendation, and to direct that notices be
prepared and posted announcing the vacancy.
There was a consensus of Council that Mayor Friess and Councilmen Bland
and Hausdorfer review applications for the Cultural Arts and Heritage
Commission and the Economic Development Commission.
COUNCIL REMARKS
1. BOARD AND CARE FACILITY (VALLE ROAD) (430.10)
Councilman Schwartze advised that the Mayor of Anaheim had forwarded to
him a letter from a resident of a Board and Care facility on Valle Road.
Councilman Schwartze indicated he was unaware of a facility on Valle Road
and staff was directed to investigate the matter.
2. SERBIA RECOGNITION MONTH (610.40)
It was moved by Councilman Schwartze, seconded by Councilman Buchheim,
and unanimously carried to approve the Proclamation regarding Serbia
Recognition Month.
3. SISTER CITIES ORGANIZATION (140.50)
Councilman Schwartze advised that the Sister Cities Organization was
continuing to prepare for a trip to Goya, Argentina, tentatively scheduled in
late October or early November.
4. CROSSWALKS (820.60)
Councilman Bland noted a series of accidents in crosswalks on Camino
Capistrano and advised of an article in the "American City" regarding
benefits of removing crosswalks, particularly at mid -block locations. Staff
was requested to research the possibility of removing crosswalks and to
determine possible benefits and liability involved. A proposed schedule for
completing the work is to be prepared for Council review.
5. ANIMAL CONTROL (500.40) _
Councilman Buchheim noted continuing problems with coyotes in the hillside
areas. The City Manager advised that a meeting had been scheduled with
animal control personnel and a report on the meeting would be prepared.
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6. JOHN R. WILLIAMS ( 610.40)
Mayor Friess requested staff to prepare a recommendation regarding a
memorial for John Williams. Services were scheduled for Mr. Williams on
Saturday, September 6, 1986, at 11:00 a.m., at the Presbyterian Church.
7. INTRODUCTION OF PERSONNEL (700.10)
The Director of Community Planning and Development introduced the
following new employees in that Department: Mark Korvas, Planning
Assistant; Dan Fox, Assistant Planner; and, Don Ginsback, Code Enforcement
Officer.
CLOSED SESSION
Council recessed to a Closed Session at 7:58 p.m., for discussion of personnel
matters, the City Clerk being excused therefrom, and reconvened at 8:48 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at
8:48 p.m., to the next regular meeting date of Tuesday, September 16, 1986, at
7:00 p.m., in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOZZ
Respectfully submitted,
U
i r
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