86-1007_CC_Minutes_Regular Meeting101
OCTOBER 7, 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 7:00 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Councilman
Hausdorfer.
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; 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.
MINUTES
Regular Meeting of September 16, 1986:
It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes
of the Regular Meeting of September 16, 1986, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, 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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PRESENTATIONS AND COMMENDATIONS
PROCLAMATION - FIRE PREVENTION WEEK
OCTOBER 5 THROUGH 11, 1986 610.40
Written Communications:
Report dated October 7, 1986, from the City Clerk, forwarding a Proclamation
advising that Fire Prevention Week was designed to focus attention on the varied
and technical services offered by fire departments in the United States and Canada,
and noting that today's firefighters are technically trained and highly skilled
professional public servants.
Approval of Proclamation:
Mayor Friess read the Proclamation in full and with the consensus of Council
proclaimed the week of October 5 through 11, 1986, as Fire Prevention Week in the
City. Battalion Chief Stan Matthews was present to receive the Proclamation.
2. PROCLAMATION - UNITED WAY MONTH
OCTOBER, 1986 610.40
Written Communications:
Report dated October 7, 1986, from the City Clerk, forwarding a Proclamation
recognizing the services provided by the United Way. The report advised that City
employees will be kicking off the United Way Drive at City Hall with a meeting on
October 23, 1986.
Approval of Proclamation:
Mayor Friess read the Proclamation in full and with the consensus of Council,
proclaimed the month of October, 1986, as United Way month in the City. Sandra
Raucci, a United Way Loaned Executive, was present to receive the Proclamation.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, 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 September 10, 1986, Warrant Nos. 617 - 788, in the total
amount of $206,012.61, was approved as submitted.
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2. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated October 7, 1986, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of September 29, 1986, was
ordered received and filed.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated October 7, 1986, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of September 15, 1986, was
ordered received and filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated October 7, 1986, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of September 23, 1986, was ordered received
and filed.
5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated October 7, 1986, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of
September 10 and 24, 1986, was ordered received and filed.
6. EXTENSION OF JANITORIAL SERVICES CONTRACT
As set forth in the report dated October 7, 1986, from the Director of Public Works,
the City's contract for janitorial services with Associated Commercial Building
Maintenance of San Clemente, was renewed for a one-year period beginning
December 1, 1986, and ending November 30, 1987, in the amount of $20,426. Funds
were budgeted in the City's Internal Services Fund No. 16. The Mayor and City
Clerk were authorized to execute the "Extension Agreement" on behalf of the City.
7. APPLICATION FOR SENATE BILL 821 GRANT FUNDS
TRABUCO CREEK BIKEWAY - DESIGN PHASE 930.50)
As set forth in the report dated October 7, 1986, from the Director of Public Works,
the application for Senate Bill 821 funds in the amount of $7,865, for construction of
the Trabuco Creek Bikeway from Camino Capistrano to Rancho Viejo Road, was
approved. The report advised that no matching funds were needed; any funds
remaining after design costs may be held for use toward construction. Additional
grant funding for the construction phase of the trail will be requested in 1986-87
Senate Bill 244 funding from Caltrans.
AGREEMENT FOR PLACEMENT OF MODULAR UNITS
OCEAN HILLS COMMUNITY CHURCH 600.30
This item was removed from the Consent Calendar at the request of Councilman
Bland for discussion of a letter received from Charles Vermeulen, dated October 6,
1986, citing concerns regarding trees planted on the Church property approximately
two feet from the property line. It was moved by Councilman Hausdorfer, seconded
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by Councilman Buchheim and unanimously carried to direct staff to review the
landscaping plans and to approve the agreement between the City and Ocean Hills
Community Church for installation of four temporary modular trailer units on the
Church's parcel, as set forth in the report dated October 7, 1986, from the City
Attorney. The Mayor and City Clerk were authorized to execute the agreement on
behalf of the City.
PUBLIC HEARINGS
1. EXTENSION OF TIME. TENTATIVE TRACT 11587. TENTATIVE TRACT 11648.
This Public Hearing was continued from the meeting of September 16, 1986.
Proposal
Consideration of a request for an extension of time for the following tracts in the
Forster Canyon Planned Community:
Tentative Tract 11587 - a subdivision of approximately 9.8 acres into 3 lots to
provide for 32 condominium units, a proposed park site, and a small professional
office building, located in the vicinity of Via de Agua, Camino Las Ramblas, the
future extension of Via California and the south -facing slope of "Window Hill." The
tentative tract map would be extended to November 3, 1986, which is the final
extension possible under the Municipal Code guidelines.
Tentative Tract 11648 - a subdivision of approximately 147.5 acres to provide for
302 residential units, a public institutional site, a proposed park site, and several
common open space lots, located east of the Capistrano Terrace Mobile Home Park
and adjacent to the old Forster Canyon Sanitary Landfill. The tentative tract map
would be extended to January 5, 1987, which is the final extension possible under the
Municipal Code guidelines.
Tentative Tract 11832 - a subdivision of approximately 246 acres to provide for 85
single-family custom home lots, 198 condominiums, open space and, research and
development use, located east of Interstate 5, generally south of McCracken Hills,
west of the Meredith Canyon/Alto Capistrano neighborhoods and north of the
Capistrano Pointe apartment development. Under the present request this tract
would be extended to November 5, 1986; under Municipal Code guidelines, an
additional extension to November 5, 1987, could be considered.
Applicant/Property Owner:
Capistrano Ascot Development, Inc., 1715 Port Ashley, Newport Beach, CA 92660.
Written Communications:
Report dated October 7, 1986, from the Director of Community Planning and
Development, recommending approval of the requests for time extensions for the
three tracts subject to additional and modified conditions of approval relating to the
sanitary landfill and its closure certification, deletion of dedication of the
community park and inclusion of a view preservation program for "Window Hill."
The report set forth findings with regard to concerns raised in past public hearings
regarding the possible presence of toxic substances and closure of the landfill, the
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extension of Avenida Calita, and possible liability in accepting dedication of a
community park that incorporated the landfill area.
Exhibits were on display and Tom Tomlinson, City Planner, made an oral
presentation and advised that the applicant had requested an additional one-year
extension for Tentative Tract 11832, which was tentatively scheduled for the
meeting of November 4, 1986.
Public Hearing:
Notice having been given as required by law, Mayor Friess opened the Public
Hearing, and the following persons responded:
(1) John Kocmur, 3701 Birch Street, Newport Beach, 92660, representing
Capistrano Ascot, Inc., cited concurrence with staff recommendations,
particularly in the areas of concern regarding the landfill site and view
preservation on "Window Hill."
(2) Frank Firmat, 26852 Via la Mirada, cited concerns that a distance of 50
feet from the perimeter of the landfill may not be a sufficiently safe
distance to locate residences; and, presented articles from the Los
Angeles Times and the Los Angeles Daily Journal, dated September 23,
1986, regarding an $8,000,000 settlement judgment against the W. R.
Grace Company for a lawsuit involving the chemicals TCE and PCE.
There being no further response, Mayor Friess closed the Hearing with the right to
re -open at any time.
Council Discussion:
In response to Council, the City Planner discussed the settlement involving the W. R.
Grace Company, and stated that the conditions set for the landfill site were
designed by the State to preclude similar actions and advised that the requirement
to submit a specific closure plan was incumbent on the operator of the landfill
rather than the landowner.
Councilman Hausdorfer cited support for staff recommendations and stated that no
building would occur before there was an absolute certainty that it would be safe to
do so. Councilman Buchheim cited concerns that requiring protection of the
viewshed should not set a precedent for future development.
Approval of Extension for Tentative Tract 11587:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
RESOLUTION NO. 86-10-7-1. TENTATIVE TRACT MAP 11587
(AOSA/FORSTER CANYON PLANNED COMMUNITY)
CARPISTRANO ASCOT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11587
AND RESCINDING RESOLUTION NO 81-11-3-2
(AROSA/FORSTER CANYON PLANNED COMMUNITY)
(CAPISTRANO ASCOT)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The Resolution approved an extension of the Tentative Tract Map to November 3,
1986.
Approval of Extension for Tentative Tract 11648:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
TRACT MAP 11648
\VI LLL lV ILJVVI/ - 11 L\Lr✓VLV (1V 1\ VL .... �11L
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11648
AND RESCINDING RESOLUTION NO. 82-1-5-4
(AROSA/FORSTER CANYON PLANNED COMMUNITY)
(CAPISTRANO ASCOT)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The Resolution approved an extension of the Tentative Tract Map to January 5,
1987.
Approval of Extension for Tentative Tract 11832:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
NO. 86-10-7-3. TENTATIVE TRACT MAP 11832
\VC1C 1J1L\(\l\V 11JVV 1/ - (l 1\LJVLV 11V1\ VL V311
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11832
AND RESIDENTIAL CONCEPT PLANS (AROSA/FORSTER
CANYON PLANNED COMMUNITY) (CAPISTRANO ASCOT)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The Resolution approved an extension of the Tentative Tract Map to November 5,
1986; consideration of the request for an additional one-year extension was
scheduled for the meeting of November 4, 1986.
RECESS AND RECONVENE
Council recessed at 7:36 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:38 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. STATUS REPORT - EQUESTRIAN FACILITIES STUDY (930.40)
Written Communications:
Report dated October 7, 1986, from the Assistant to the City Manager, advising that
the committee was actively reviewing a number of issues impacting equestrian use
in the community and had requested an additional extension of time to allow for the
continuing review.
Extension of Time:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to approve an extension of time to March 1, 1987, for the
Equestrian Issues Study Committee to complete its work. Mayor Friess urged that
the study be completed by that date.
2. CITY COUNCIL POSITION ON BALLOT PROPOSITIONS (630.30)
Written Communications:
Report dated October 7, 1986, from the City Manager, advising that several
November 4, 1986, ballot propositions may impact the City and forwarding a
summary of those propositions and a recommended position of support or
opposition. The propositions include:
Proposition 55 - California Safe Drinking Water Bond Law 1986 (recommended
position: support);
Proposition 57 - Retirement Benefits for Non -judicial and Non -legislative Elected
State Constitutional Officers (recommended position: support);
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MPro osition 61 - Compensation of Public Officials, Employees, Individual Public
Contractors(recommended position: oppose); and,
Proposition 62 - Taxation - Local Governments and Districts (recommended
position: oppose).
Position on Propositions:
It was moved by Councilman Bland, seconded by Councilman Schwartze and
unanimously carried to support Propositions 55 and 57; and, to oppose Propositions
61 and 62. Councilman Hausdorfer suggested that the item be presented to the
public in the form of a press release and letter to the editor.
CITY ATTORNEY
1. PROPOSED ORDINANCE PROHIBITING USE SALE
AND DISCHARGE OF FIREWORKS 540.30
Written Communications:
Report dated October 7, 1986, from the City Attorney, forwarding a sample
ordinance providing for a complete ban on the sale, use and discharge of fireworks.
Councilman Bland stated the item should be scheduled for a public hearing and
suggested researching the possibility of conducting a City -sponsored fireworks
display.
Public Hearing Scheduled:
It was moved by Councilman Schwartze and seconded by Councilman Bland to
schedule a Public Hearing on the item for the meeting of November 18, 1986. With
the concurrence of the second, the motion was amended to include direction that all
interested parties, groups, organizations and fund-raisers be notified of the
Hearing. The motion carried unanimously.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1.
This item was tabled from the meeting of September 16, 1986.
Written Communications:
Report dated October 7, 1986, from the Director of Community Planning and
Development, forwarding the appellant's formal withdrawal of the appeal.
Acceptance of Withdrawal:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to accept the request to withdraw the appeal and to direct staff
to work with the appellant to resolve the issue.
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2. POSITION STATEMENT - FOOTHILL TRANSPORTATION CORRIDOR
800.50
Written Communications:
Report dated October 7, 1986, from the Director of Community Planning and
Development, identifying areas of concern regarding three alternative alignments
within the Christianitos segment of the Foothill Transportation Corridor Study
Area. The report recommended that a position be taken opposing the proposed San
Juan Creek alignment and the two La Pata alignments and supporting further study
of Alignments C and D. The report included a position statement on the Phase I
Study of the Christianitos Segment for forwarding to the County. The Phase I report
will be reviewed by the Orange County Planning Commission on October 15; the
Board of Supervisors on November 5; and, the Joint Powers Authority on
November 13.
Exhibits were on display and Sara Pashilides, Associate Planner, made an oral
presentation and advised that the recommended position on the alignments was
consistent with that of the City of San Clemente.
Approval of Position Statement:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve the position statement opposing the San Juan Creek
and La Pata alignments for the Foothill Corridor; and, supporting further study of
Alignments C and D for the Phase II Study. Staff was directed to forward the
position statement to the County.
DIRECTOR OF PUBLIC WORKS
STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20)
Written Communications:
Report dated October 7, 1986, from the Director of Public Works, setting forth the
status of the Camino Capistrano Bridge construction. The report advised that it was
necessary to close San Juan Creek Road for five days, beginning October 27 through
October 31, 1986, in order to construct the road transition from the existing
elevation of Camino Capistrano to the elevation of the new bridge.
With the concurrence of Council, Mayor Friess ordered the report received and
filed. Staff was directed to send notices to the residents of the San Juan Hills
developments.
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE EQUESTRIAN COMMISSION (110.20)
Written Communications:
Report dated October 7, 1986, from the Assistant to the City Manager, advising that
there were three applicants for appointment to fill the current vacancy on the
Equestrian Commission.
With the consensus of Council, Mayor Friess directed that the item be continued to
the meeting of October 21, 1986.
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2. APPOINTMENT OF ONE MEMBER TO THE CULTURAL ARTS A
Written Communications:
Report dated October 7, 1986, from the Assistant to the City Manager, advising that
there were two applicants for appointment to fill the current vacancy on the
Cultural Arts and Heritage Commission.
With the consensus of Council, Mayor Friess directed that the item be continued to
the meeting of October 21, 1986.
COUNCIL REMARKS
1. STATE-WIDE DRUG TESTING (585.20)
2.
3.
Councilman Bland noted a letter from John Seymour regarding the State-wide drug
testing program and was advised that the City had not been contacted about the
program.
Councilman Hausdorfer advised of his candidacy for the position of City
representative to the Orange County Transportation Commission. It was moved by
Councilman Bland, seconded by Councilman Buchheim and unanimously carried to
prepare a letter of support for his candidacy.
Councilman Buchheim noted a letter dated September 11, 1986, from Jim Forrester,
President of the Board of Directors of the Capistrano Beach Sanitary District,
regarding the investigation of the feasibility of joint use of a new wastewater
facility. It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to authorize preparation of a letter to the
Capistrano Beach Sanitary District Board of Directors indicating the City's
willingness to open discussions.
4. RETIREMENT FROM SAN DIEGO GAS & ELECTRIC COMPANY
BILL WEBB 610.40 1010.10
It was moved by Councilman Buchheim, seconded by Councilman Bland and
unanimously carried to prepare a Proclamation commending Bill Webb on his ^
retirement from employment with the San Diego Gas & Electric Company.
5. DEVELOPMENT PRESENTATIONS (610.25)
Mayor Friess noted recent public presentations made by staff regarding the Marbella
Country Club and the situation at the intersection of Avenida Pedregal and Del
Obispo Street, advising that the press needs to be contacted when such presentations
are made.
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CLOSED SESSION
Council recessed to a Closed Session at 8:10 p.m., for discussion of Meet and Confer and
Personnel matters, the City Clerk being excused therefrom, and reconvened at 8:50 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at
8:50 p.m. to the next regular meeting date of Tuesday, October 21, 1986, at 7:00 p.m., in
the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
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