87-0929_CC_Minutes_Adjourned Regular MeetingSEPTEMBER 29, 1987
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano,
California, was called to order by Mayor Bland at 7:10 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: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, 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; 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 September 15, 1987:
It was moved by Councilman Schwartze, seconded by Councilman Friess, that the
Minutes of the Regular Meeting of September 15, 1987, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
1.
Written Communications:
Report dated September 29, 1987, from the City Clerk, forwarding the
Proclamation.
Proclamation of "White Cane Safety Day":
Mayor Bland read the Proclamation in full and with the consensus of Council,
proclaimed October 15, 1987, as "White Cane Safety Day" in the City. Michael
Hingson, President of the Merchants Division of the National Federation of the Blind
of California, was present to accept the Proclamation.
ORAL COMMUNICATIONS
1.
Tom Rogers, 29361 Spotted Bull Way, San Juan Capistrano, advised of his attendance
at a recent Orange County Transportation Commission Select Toll Road Task Force
and cited their selection of the San Joaquin Hits Transportation Corridor as the
designated toll road. He stated support for Councilman Hausdorfer's
recommendation that every effort be made by elected officials to make sure that
citizens have an opportunity to provide input. Councilman Hausdorfer stated the
need for broader participation and cited the reasons that the San Joaquin Hits
Corridor was selected.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, that the
staff recommendations be accepted for the following items listed on the Consent
Calendar. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchhetm
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated September 19, 1987, Warrant Nos. 4,301-4,474, in the
total amount of $567,147.88, was approved as submitted.
2. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated September 29, 1987, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of September 8, 1987,
was ordered received and filed.
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3. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.4.0)_
The Report dated September 29, 1987, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of September 14, 1987, was
ordered received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated September 29, 1987, from the Secretary of the Parks and
Recreation Commission, regarding actions taken at the meeting of September 21,
1987, was ordered received and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated September 23, 1987, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of September 22, 1987, was
ordered received and filed.
6. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (840.20)
The Report dated September 29, 1987, from the Director of Public Works, setting
forth the status of construction of the Camino Capistrano Bridge, was ordered
received and filed.
7. AUTHORIZATION TO REQUEST BIDS - OSO PARK
LANDSCAPE IMPROVEMENTS 600.30
As set forth in the report dated September 29, 1987, from the Director of Public
Works, staff was authorized to advertise for bids for construction of Oso Park,
Project No. 12-6900-4704-115. Improvements will include landscaping of
approximately 14,500 square feet of City and Orange County Flood Control District
property at the southern cul-de-sac of Avenida de la Vista, extension of the bike
trail, a paved driveway into an adjacent Water District facility, and installation of a
picnic table. Construction cost was estimated at $13,335.
9. DENIAL OF CLAIM (LEE H. HARTMAN) (170.70)
As set forth in the report dated September 29, 1987, from the City Attorney, the
claim filed on August 31, 1987, by Attorney Ron F. Gagnon, on behalf of Dr. and
Mrs. Lee Hartman, as a result of a water main break in the Hunt Club, was denied.
This item was removed from the Consent Calendar at the request of Councilman
Schwartze, who stated concerns that the Errors and Omissions Liability Insurance
should not be deleted from the contract. He suggested that if that type of insurance
was not going to be required, a policy should be adopted and the requirement deleted
from the contract to avoid later amendments.
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44=24#
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
carried with Councilman Schwartze voting in the negative, to delete the
requirement to provide Professional Errors and Omissions Liability insurance was
from the Trabuco Creek Bikeway Professional Services Contract, pursuant to the
recommendation set forth in the report dated September 29, 1987, from the Director
of Public Works. Staff was directed to prepare a report explaining the rationale for
such deletions and providing a proposed policy statement.
PUBLIC HEARINGS
1.
Proposal
Consideration of a proposed subdivision of approximately 23 acres into six parcels
for the sole purpose of leasing the buildings. The property is located along the
westerly side of Doheny Park Road at its intersection with Camino Capistrano,
Assessor's Parcel Nos. 121-254-06, -07, and -08. Surrounding uses include the Villa
San Juan Mobile Home Park to the north, Capistrano Valley Plaza to the south, and
the Atchison, Topeka and Santa Fe Railway to the west. Commercial and residential
uses are located to the east across Doheny Park Road.
Applicant
The Price Company, P. O. Box 85466, San Diego, California 92138.
Written Communications:
Report dated September 29, 1987, from the Director of Community Planning and
Development, recommending approval of the tentative parcel map.
Exhibits were on display and Sara Pashalides, Associate Planner, made an oral
presentation.
Public Hearing:
Notice having been given as required by law, Mayor Bland 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 87-253:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the
following Resolution be adopted:
87-9-29-1. APPROVING TENTATIVE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 87-253 (THE PRICE COMPANY)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
2. PROPOSED ANNEXATION OF APPROXIMATELY 24
1.1 1111 Cn, 11, 11+ w1 ^V� W []!11111111 A T%/ fe11y 1T1 lcv,L
Proposal
A protest hearing held pursuant to State law, to determine the disposition of the
proposed annexation. The Annexation was approved by LAFCO on August 12, 1987,
and includes 23.9 acres known as the Rosan-Kaiser, Yorba, Harrison, and Cassady
properties. The annexation would result in increased costs for services to the new
area and an increase of as much as $800,000 in the City's share of the costs for
extension of Stonehill Drive through the annexation area.
Applicant
This was a City -initiated Public Hearing.
Written Communications:
Report dated September 29, 1987, from the Assistant City Manager, recommending
completion of the annexation.
Exhibits were on display and the Assistant City Manager made an oral report. He
advised that no written protests had been received.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Completion of Southside Annexation:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
RESOLUTION NO. 87-9-29-2. COMPLETION OF SOUTHSIDE
ANNEXATION - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING COMPLETION OF THE SOUTHSIDE ANNEXATION
TO THE CITY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
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The Resolution approved the Negative Declaration. The City Clerk was directed to
transmit a certified copy of the Resolution to the Executive Officer of the Local
Agency Formation Commission.
3. PROPOSED ANNEXATION OF APPROXIMATELY 438 ACRES
Proposal
A protest hearing held pursuant to State law, to determine the disposition of the
proposed annexation. The Annexation was approved by LAFCO on August 12, 1987,
and includes approximately 440 acres known as the Colinas de Capistrano hillside
and ridgeline open space area, and the Dana Mesa area. The annexation would result
in increased costs for services to the new residents and maintenance and liability
protection for the Colinas de Capistrano open space.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
1 Report dated September 29, 1987, from the Assistant City Manager,
forwarding background information and a recommendation to complete
the annexation. The report addressed concerns expressed by residents
adjacent to the Colinas de Capistrano annexation regarding protection
of their interests, police and fire protection, and costs to the Colinas de
Capistrano Homeowners Association.
(2) Letter dated September 19, 1987, from John and Julia McLeod, 32641
Carraterra Drive, San Juan Capistrano, in opposition to the annexation
Exhibits were on display and the Assistant City Manager made an oral report. He
advised that the annexation area had been designated as "inhabited territory,' and no
written protests had been received from registered voters or landowners within the
Colinas de Capistrano area. One written protest had been received from a property
owner within the Dana Mesa area.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and the following persons responded:
(1) David Warden, 28762 Mira Vista, Laguna Niguel, stated opposition to
annexing the most northerly portion of the Colinas de Capistrano area
prior to a final determination regarding the proposed City of Laguna
Niguel.
(2) William Adams, 25862 Avatar, Laguna Niguel, stated that the most
northerly portion of the proposed annexation was protected by Colinas
de Capistrano Homeowner's Association CC&R's and stated concerns
regarding ultimate disposition of the Open Space following annexation
to the City.
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(3) Bill Bathgate, 29643 Camino Capistrano, cited opposition to the
ridgeline annexation based on the lack of assurance that the City will
take active responsibility to preserve the beauty of the area and correct
inherent erosion, slide and drainage problems.
(4) Vance Simons, 28752 Mira Vista, Laguna Niguel, questioned legal
actions that could be taken by the City with regard to preservation and
maintenance of the Open Space. He stated concern regarding actions
of future City Councils to annex adjacent residential areas of Colinas
de Capistrano, and suggested that no action be taken to annex the
extreme northern area at this time.
(5) Suzanne McNamara, 25495 Rue Chanson, Laguna Niguel, spoke in
support of the proposed annexation.
(6) Susan Grimes, 25841 Avatar, Laguna Niguel, suggested the annexation
of the northerly area be delayed until the incorporation of Laguna
Niguel, and expressed concerns regarding possible annexation of
residential units into San Juan Capistrano.
Completion of Westside Annexation:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted with the finding that fewer than 25% of
registered voters and fewer than 25% of landowners within the subject area had filed
protests:
87 -9 -29 -
THE CITY OF SAN JUAN
ORDERING COMPLETION OF
TO THE CITY
W
CAPISTRANO, CALIFORNIA,
THE WESTSIDE ANNEXATION
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
The Resolution approved the Negative Declaration. The City Clerk was directed to
transmit a certified copy of the Resolution to the Executive Officer of the Local
Agency Formation Commission.
RECESS AND RECONVENE
Council recessed at 8:07 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 8:13 p.m.
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ADMINISTRATIVE ITEMS
CITY MANAGER
Written Communications:
Report dated September 29, 1987, from the Assistant City Manager, advising that
LAFCO had placed a condition of approval that the three annexations be detached
from any special districts where duplication of services would occur. The report
forwarded resolutions applying for detachment of special districts from the
annexation areas.
Application to DetachS ecIV District (Southside and
Great Western Annex=5-
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted:
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPLYING TO THE ORANGE COUNTY LOCAL
AGENCY FORMATION COMMISSION TO DETACH CERTAIN
SPECIAL DISTRICTS FROM THE GREAT WESTERN AND
SOUTHSIDE ANNEXATIONS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
The Resolution requested that the Southside and Great Western annexations be
detached from the Capistrano Bay Park and Recreation District and the Capistrano
Beach Sanitary District.
Application to Detach Special District (Westside Annexation):
It was moved by Councilman Schwartze, seconded by Councilman Friess that the
following Resolution be adopted: —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPLYING TO THE
ORANGE COUNTY LOCAL AGENCY FORMATION
COMMISSION TO DETACH THE LAGUNA NIGUEL
COMMUNITY SERVICES DISTRICT FROM THE WESTSIDE
ANNEXATION
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
The Resolution requested that the Westside annexation be detached from the Laguna
Niguel Community Services District.
2. ARCHITECTURAL SERVICES FOR SAN JUAN CAPISTRANO
LIBRARY EXPANSION 600.30
3.
Written Communications:
Report dated September 29, 1987, from the City Manager, advising that $100,000
had been allocated in the 1987-88 Capital Improvement Budget to construct an
addition to the existing library to provide a small exhibit and study hall. The report
recommended that Michael Graves be selected to design the addition based on
concern for architectural continuity.
Selection of Michael Graves:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to select Michael Graves of Princeton, New Jersey, to design
the San Juan Capistrano library expansion and to authorize staff to prepare a
contract for architectural services.
Written Communications:
Report dated September 29, 1987, from the City Manager, advising that the League
of California Cities Transportation Super Committee had completed its
responsibility to analyze and prioritize transportation projects in each of the Orange
County cities. The Committee had prepared a video program providing discussion of
the issues, process, and recommendations studied. The video was designed for
viewing through cable television systems and provided an opportunity for each city
to individualize the presentation. The League of California Cities had requested
that each city contribute to the costs for production of the video. Funds are
available in Account 01-6282-4110.
Approval of Contribution:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the contribution to the Transportation Super
Committee video tape program in the amount of $500. Staff was authorized to
forward a letter and funds to the Committee.
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4. SET PUBLIC HEARING DATE -
Written Communications:
Report dated September 29, 1987, from the Assistant City Manager, advising that
the City had not received a response to its final offer regarding acquisition of the
San Diego Gas and Electric Company-owned street lights and it was now appropriate
to set a Public Hearing date to consider authorizing eminent domain proceedings.
The report forwarded a Notice of Intent, which set a Public Hearing date for the
meeting of October 20th, defined the conditions for the resolution of intent, set a
15 -day filing period for SDG&E to submit a written request to appear and object to
the resolution, and included a description of the properties to be acquired. The
report advised that to obtain possession through eminent domain proceedings, the
City would be required to deposit with the court an amount equal to the appraised
value of the street lights, or $32,000.
Approval of Notice of Intent:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to approve the Notice of Intent for forwarding to San Diego Gas
and Electric Company.
5. DISCUSSION REGARDING REPLICA GUN ORDINANCE (585.10)
Written Communications:
Report dated September 29, 1987, from the City Manager, forwarding an ordinance
adopted by the County which makes it a misdemeanor to draw, exhibit or brandish a
replica firearm in a rude, angry, or threatening manner. The report advised that the
County Sheriff's office had requested that the City adopt a similar ordinance.
Direction to Prepare Ordinance:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to direct staff to prepare an ordinance regarding the
brandishing or threatening display of replica firearms.
CITY CLERK
1. FEE SCHEDULE - MUNICIPAL CODE AND GENERAL PLAN DOCUMENTS (180.20)
Written Communications:
Report dated September 29, 1987, from the City Clerk, advising that since the
Municipal Code had been reformatted and the General Plan had been reprinted, it
was necessary to amend the Fee Schedule Resolution. The changes in purchase
prices represented the cost to the City of providing the documents.
Approval of Amended Fee Schedule:
It was moved by Councilman Schwartze,
the following Resolution be adopted:
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seconded by Councilman Hausdorfer that
9/29/87
87-9-29-6. FEE SCHEDULE -
\ " AIVIJ VL.lV 1.:RAL CLAI\ I✓V\iV tVl Ll.i✓ —'• i\aJ✓vi.va
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A FEE
SCHEDULE FOR PURCHASE OF VARIOUS CITY DOCUMENTS
AND REPEALING RESOLUTION NO. 86-3-4-3
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
CITY ATTORNEY
1. LACOUAGUE LICENSE AGREEMENT (TRACT 12633) (600.30)
Written Communications:
Report dated September 29, 1987, from the City Attorney, forwarding an agreement
with Jean Lacouague for preservation of a stand of Eucalyptus trees on his
property. The City will maintain the trees for the aesthetic betterment of the
community and in return, hold the property owner harmless from any claims or
liability which may arise.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and
unanimously carried to approve the Grant of License for Maintenance of Trees with
Jean and Marie Lacouague and Daniel and Vicky Lacouague. The City Manager and
City Clerk were authorized to execute the agreement on behalf of the City.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF
This item was continued from the meeting of September 15, 1987.
Written Communications:
Report dated September 29, 1987, from the Director of Community Planning and
Development, requesting continuance of the item.
Appeal Continued:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to continue the item to the meeting of October 20, 1987.
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2.
Written Communications:
Report dated September 29, 1987, from the Director of Community Planning and _
Development, forwarding a Zoning and Improvements Study for the Via Pastoral
Area, located west of Aguacate Road and north of Del Obispo Street. The Study was
prepared during the moratorium established to provide time to study the ultimate
development potential of the area, future level of services, methods of providing
services, costs for improvements, and alternative methods of funding. The report
discussed the issues and recommended a Rezone and General Plan Amendment to
change the density in the area to one unit per acre, culminating in a maximum
development potential of 8 units. The report further recommended installation of an
eight -inch sewer line across Tract 10090 to connect to the existing Via Arboleda
public sewer. The cost for the sewer improvement was estimated at $47,000,
excluding private laterals and pumps. The City would assume the initial cost and a
program would be established to require the property owners to reimburse the City
at the time of connection. The report discussed proposed equestrian access
improvements; fire department turnaround requirements; and the adequacy of the
existing 11 -foot -wide private drive and 8 -inch water main currently serving the
area.
Exhibits were on display and Sara Pashalides, Associate Planner, made an oral
presentation.
Bill Korby, 31755 Aguacate, stated that the neighborhood residents were not in favor
of widening the road and advised that to satisfy fire department requirements, he
had installed a turnaround lane.
It was moved by Councilman Hausdorfer, seconded by Councilman Friess and
unanimously carried to initiate a zone change to Large Estate and a General Plan
Amendment to Very Low Density Residential. Staff was authorized to include right-
of-way acquisition and detailed design for Alternative 2 sewer improvements in the
1988-89 Capital Improvement Program and to establish a procedure for
reimbursement of sewer costs by the property owners.
3. HOUSING OPPORTUNITIES PROGRAM (GLENFED
DEVELOPMENT CORPORATION) (430.45
Written Communications:
Report dated September 29, 1987, from the Director of Community Planning and
Development, advising that Gienfed Development Corporation had been required to
implement a Housing Opportunities Program to provide affordable housing for low -
and moderate -income persons. The Developer was not obligated to subsidize the
units and if funding sources were not available to assist the Developer, the
requirement could be deleted. The report advised that there were no available
sources of funding and recommended deletion of the requirement for Areas E and F
of the development. Subsequent phases would remain bound by the requirements to
implement the Housing Opportunities Program and 10% of any additional units
constructed would be affected.
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Deletion of Program Requirement:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to release Glenfed from the requirement to institute a Housing
Opportunities Program in Areas E and F of the development project.
DIRECTOR OF PUBLIC WORKS
1. ESTABLISHMENT OF "NO PARKING" ZONES - RANCHO
Written Communications:
Report dated September 29, 1987, from the Director of Public Works, advising that
Rancho Viejo Road was ultimately planned to be a parking restricted street. Due to
development of the Marbella Golf and Country Club, San Juan Corporate Plaza,
Health Park, and Nu -West, it was appropriate to establish the "No Parking' zones.
The report forwarded the Traffic and Transportation Commission recommendation
that due to parking problems at Capistrano Valley High School, parking not be
restricted on the east side of Rancho Viejo Road from Spotted Bull Lane to Via
Escolar until the roadway is widened or an accident problem develops related to
parking next to the Goodyear store. Staff recommended that due to the potential
for accidents, the "No Parking' zone be extended to Via Escolar on both sides of
Rancho Viejo Road.
Establishment of "No Parking" Zones:
It was moved by Councilman Buchheim,
following Resolution be adopted:
seconded by Councilman Friess that the
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING" ZONES ON
BOTH SIDES OF RANCHO VIEJO ROAD FROM ORTEGA
HIGHWAY TO THE NORTH CITY LIMIT AT VIA ESCOLAR
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
2. AMENDMENT TO "NO PARKING" ZONES - CAMINO DEL
AVION DEL OBISPO STREET TO ALIPAZ STREET 570.30)
Written Communications:
Report dated September 29, 1987, from the Director of Public Works, advising that
upon completion of the Camino del Avion Traffic Safety Project, Camino del Avion
will be fully -improved to its arterial designation and restriped to provide two travel
lanes in each direction. The striping pattern will be shifted to provide on -street
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parking on the north side of the street only, adjacent to Del Obispo Elementary and
Marco Forster Junior High Schools. The report forwarded the Traffic and
Transportation Commission recommendation of approval.
Amendment to "No Parking" Zone:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer that the
following Resolution be adopted:
87
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING" ZONES ON THE
SOUTH SIDE OF CAMINO DEL AVION FROM DEL OBISPO
STREET TO ALIPAZ STREET, AND ON THE NORTH SIDE OF
CAMINO DEL AVION FROM DEL OBISPO STREET TO 450 FEET
EASTERLY, AND FROM 300 FEET WEST OF VIA DEL AMO TO
ALIPAZ STREET, AND RESCINDING RESOLUTION NO.
81-3-3-3
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
3. REVISING STREET NAME TRACTS 12738 AND 12740
GLENDALE FEDERAL 820.80
Written Communications:
Report dated September 29, 1987, from the Director of Public Works, advising that
Glendale Federal wished to rename a street in Tracts 12738 and 12740 to honor
Richard Rebal, a Senior Corporate Officer. The existing street, Via del Prado,
would be renamed Via Cerro Rebalde.
There was a consensus of Council that the spelling of Mr. Rebal's name not be
changed and the street be called Via Cerro Rebal. Staff was directed to forward a
formal copy of the Resolution and letter of appreciation to Mr. Rebal.
Approving Street Name Change:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted for forwarding to the Orange County Recorder's
Office-
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4.
453
87-9-29-9. APPROVING REVISION OF
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING
THE NAME OF A STREET LOCATED IN TRACTS 12738 AND
12740 (GLENDALE FEDERAL) FROM VIA DEL PRADO TO VIA
CERRO REBAL
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
Written Communications:
Report dated September 29, 1987, from the Director of Public Works, advising that
the Final Map was in conformance with the Subdivision Map Act and all necessary
conditions of approval met. The report recommended approval of the Final Map and
associated Improvement Agreement.
Approval of Final Map/Improvement Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to approve the Improvement Agreement and Final Map for
Tract 12825 (Glendale Federal) with the determination that the Final Map is in
substantial compliance with the approved tentative map The Mayor and City Clerk
were authorized to execute the Agreement on behalf of the City.
5. APPROVAL OF FINAL MAP AND IMPROVEMENT AGREEMENT -
TRACT 12826 GLENDALE FEDERAL 600.30
Written Communications:
Report dated September 29, 1987, from the Director of Public Works, advising that
the Final Map was in conformance with the Subdivision Map Act and all necessary
conditions of approval met. The report recommended approval of the Final Map and
associated Improvement Agreement.
Approval of Final Map/Improvement Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to approve the Improvement Agreement and Final Map for
Tract 12826 (Glendale Federal) with the determination that the Final Map is in
substantial compliance with the approved tentative map The Mayor and City Clerk
were authorized to execute the Agreement on behalf of the City.
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6.
Written Communications:
Report dated September 29, 1987, from the Director of Public Works, advising that
the Final Map was in conformance with the Subdivision Map Act and all necessary _
conditions of approval met. The report recommended approval of the Final Map and
associated Improvement Agreement.
Approval of Final Map/Improvement Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to approve the Improvement Agreement and Final Map for
Tract 12827 (Glendale Federal) with the determination that the Final Map is in
substantial compliance with the approved tentative map The Mayor and City Clerk
were authorized to execute the Agreement on behalf of the City.
DIRECTOR OF COMMUNITY SERVICES
Written Communications:
Report dated September 29, 1987, from the Director of Community Services,
advising that there has been an increase in activities in the City's parks that could
create safety problems and the potential for damage to public facilities. The report
forwarded an ordinance which will authorize the Director of Community Services to
place and maintain signs in parks and recreation areas to insure public safety and
efficient use of the facilities.
Approval of Park Use Regulations:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Schwartze, seconded by Councilman Buchheim that the following Ordinance be
introduced:
AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE - USE OF
PUBLIC PARKS AND FACILITIES - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING
CHAPTER 19, ENTITLED "USE OF PUBLIC PARKS AND
FACILITIES," TO TITLE 5, "PUBLIC WELFARE," OF THE
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
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ORDINANCES
1.
Written Communications:
Report dated September 29, 1987, from the City Clerk, advising that the Ordinance
was introduced at the meeting of September 15, 1987, 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 Schwartze that the following Ordinance be
adopted:
0
W nMMMI1 I rMCV MR IVI-- - nLI VRLI1lV n1V 1. C. Vr 1 "" \.l1 1 VL
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 8
OF THE MUNICIPAL CODE BY ADDING CHAPTER 12
ENTITLED "SOILS WARRANTY PROGRAM"
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
COUNCIL REMARKS
1. GLENDALE FEDERAL DEVELOPMENTS (420.40)
Councilman Friess requested that a letter be forwarded to Mr. and Mrs. V. A.
Foster, 28005 Paseo del Marino, in response to their letter regarding the number of
homes being built in the Glendale Federal Development.
2. EXTENDED WORK HOURS (PRICE CLUB, AC 87-1) (410.60)
Councilman Friess cited concerns regarding the City's approval of Sunday work hours
for the Price Club. It was clarified that the approval was only for the Price Club
building itself and did not include approval of use of heavy equipment and
machinery. Councilman Buchheim requested street sweeping in the area and
monitoring of dust in the area.
3. AGRICULTURAL PRESERVATION AREAS (530.40)
Councilman Buchheim requested a report regarding cleanup on the Swanner and
Williams property.
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4. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION (110.20)
Finding for Consideration of Off -Agenda Item:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to find that this item was not available prior to publication of
the Council agenda and consideration was necessary at this time.
Appointment of Larry Nelson:
Councilman Hausdorfer nominated Larry Nelson to fill the vacancy on the Economic
Development Commission. There being no further nominations, nominations were
closed and it was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to appoint Larry E. Nelson to the Economic
Development Commission.
5. SALE OF FIREWORKS (540.30)
Councilman Hausdorfer advised that the County Board of Supervisors had voted to
ban all Safe and Sane Fireworks in the unincorporated area of the County, effective
October 16, 1987. The item is currently scheduled for the April, 1988, election.
There was a consensus that the item be placed on the October 20th Agenda for
consideration.
6. NATIONAL REGISTER OF HISTORIC PLACES (ESSLINGER BUILDING) (910.40)
Councilman Hausdorfer noted that the State Historical Resources Commission would
be considering inclusion of the Esslinger Building on the National Register of
Historic Places. He cited concerns regarding potential impact on the downtown
development.
EQUESTRIAN RENTAL FACILITY (930.40)
Councilman Hausdorfer noted receipt of a letter dated September 18, 1987, from
Ron Hanson, Sycamore Trails Stables, advising that Sycamore Trails would be willing
to operate a rental facility if necessary. The letter recommended that the most
efficient course would be for an independent contractor to set up and operate the
proposed rental stable in Cook Park
8. RESIGNATION FROM PARKS AND RECREATION COMMISSION (HALLAN) (110.20)
Mayor Bland noted receipt of a letter of resignation from Parks and Recreation
Commissioner Duke Hallan. The item will be placed on the October 20th agenda for
Council action.
CLOSED SESSION
Council recessed to a Closed Session at 8:55 p.m., for discussion of litigation regarding
Fire Insurance, Inc., versus the City, the City Clerk being excused therefrom, and
reconvened at 11:01 p.m.
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4,'57
COUNCIL ACTIONS
FIRE INSURANCE, INC., VERSUS CITY (640.30)
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried with Councilman Friess abstaining, to authorize the City
Attorney to negotiate a settlement.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:02
p.m., to the next regular meeting date of Tuesday, October 6, 1987, at 7:00 p.m., in the
City Council Chamber. That meeting will be adjourned due to Lack of Quorum and the
next meeting will be held on Tuesday, October 20, 1987.
Respectfully submitted,
ATTEST:
RENCE F. UC M, MAYOR PRO TEM
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