86-0415_CC_Minutes_Regular Meeting365
APRIL 15, 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 Schwartze at
7:01 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Homer
Waisner, Junior, Ocean Hills Community Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, 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 April 1, 1986:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the Minutes of the Regular Meeting of April 1, 1986,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
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3 6 6 CITY COUNCIL RE -ORGANIZATION
ADOPTION OF RESOLUTION DECLARING RESULTS OF APRIL 8, 1986,
ELECTION (408.62)
Written Communications:
Report dated April 15, 1986, from the City Clerk, forwarding
a Resolution declaring the results of the April 8, 1986, -
General Municipal Election. The report advised that the
official canvass had been conducted on April 9, 1986, and
the overall results of the semi-official tally confirmed; a
Hand Count Board manually counted the vote of one precinct
on April 10, 1986, and additionally confirmed the overall
results of the semi-official tally. Incumbent Council
Members Anthony L. Bland, Gary L. Hausdorfer, and Phillip R.
Schwartze were re-elected to four-year terms of office
ending April 17, 1990. The report included a memorandum
thanking City Department Heads, specified City Personnel,
and community members for their cooperation in the election
process.
Declaration of Results:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 86-4-15-1
RESULTS OF ELECTION, APRIL 8, 1986
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON APRIL 8, 1986, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a general municipal election was held and
conducted in the City of San Juan Capistrano, California, on
Tuesday, April 8, 1986, as required by law; and,
WHEREAS, notice of the election was given in time, form
and manner as provided by law; that voting precincts were
properly established; that election officers were appointed and
that in all respects the election was held and conducted and the
votes were cast, received and canvassed and the returns made and
declared in time, form and manner as required by the provisions
of the Elections Code of the State of California for the holding
of elections in general law cities; and,
WHEREAS, pursuant to Resolution No. 86-1-7-8 adopted
January 7, 1986, the City Clerk canvassed the returns of the
election and has certified the results to this City Council, the
results are received, attached and made a part hereof as "Exhibit
A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
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SECTION 1.
367
That the whole number of votes cast in the City except
absent voter ballots was 1,785.
That the whole number of absent voter ballots cast in
the City was 143, making a total of 1,928 votes cast in the City.
SECTION 2.
That the names of persons voted for at the election for
Member of the City Council are as follows:
1.
Phillip
R. Schwartze
2.
Gary L.
Hausdorfer
3.
Anthony
L. Bland
4.
Jean La
Burn
5.
Russ Neal
SECTION 3.
That the number of votes given at each precinct and the
number of votes given in the City to each of the persons above
named for the respective offices for which the persons were
candidates, were as listed in Exhibit "A" attached.
SECTION 4.
The City Council does declare and determine that:
Anthony L. Bland
was elected as Member of the City Council for
the full term of four (4) years;
Gary L. Hausdorfer
was elected as Member of the City Council for
the full term of four (4) years.
Phillip R. Schwartze
was elected as Member of the City Council for
the full term of four (4) years.
SECTTnN 5_
The City Clerk shall enter on the records of the City
Council of the City, a statement of the result of the election,
showing:
1. The whole number of votes cast in the City;
2. The names of the persons voted for;
3. For what office each person was voted for;
4. The number of votes given at each precinct to each
person;
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5. The number of votes given in the City to each
person.
SECTION 6.
That the City Clerk shall immediately make and deliver
to each of the persons so elected a Certificate of Election
signed by the City Clerk and authenticated; that the City Clerk
shall also administer to each person elected, the Oath of Office
prescribed in the Constitution of the State of California and
shall have them subscribe to it and file it in the office of the
City Clerk. Each and all of the persons so elected shall then be
inducted into the respective office to which they have been
elected.
SECTION 7.
That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of
original Resolutions.
PASSED, APPROVED AND ADOPTED this 15th day of
April, 1986, by the following vote, to wit:
AYES: Councilman Friess, Bland, Buchheim
Hausdorfer and Mayor Schwartze
NOES: None
ABSENT: None
/s/ Phillip R. Schwartze
PHILLIP R. SCHWARTZE, MAYOR
ATTEST:
/s/ Mary Ann Hanover
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan _
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-4-15-1, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 15th day of
April, 1986.
(SEAL) /s/ Mary Ann Hanover
MARY ANN HANOVER, CITY CLERK
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I
In
CITY CLERK'S CERTIFICATE OF CANVASS
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, County of Orange, State of
California, duly authorized by Resolution No. 86-1-7-8, adopted by the City Council of said City
on the 7th day of January, 1986, DO HEREBY CERTIFY that I have canvassed the returns of the regular
` General Municipal Election held in said City on the 8th day of April, 1986, and find that the number
of votes given at each precinct and the number of votes given in the City to persons voted for, the
respective offices for which said persons were candidates, were as follows:
Dated this 15th day of April, 1986.
RY ANN HAWOVER, CITY CLERK
City of San Juan Capistrano
E
0 a p
pYyp
F
PRECINCT NUMBER 1
2
3
4
5
6
7
8
9
10
11
67
�r
N0. OF
AT PBECINCT
214
131
192
98
140
72
237
CANDIDATE
181
167
219
143
1,923
VOTES CAST
REGISTERED VOTERS
1,792
465
1,548
1,181
403
PHILLIP R. SCHWARTZE
134
116
129
68
84
46
192
84
118
118
196
100
1,385
GARY L. HAUSDORFER
131
115
129
66
el
51
185
88
118
117
194
98
1,373
ANTHONY L. BLAND
124
98
132
68
70
47
165
87
127
122
149
81
1,270
JEAN LA BURN
B8
34
65 •
41
83
24
78
45
73
61
62
50
704
RUSS NEAL
98
21
75
37
74
34
64
64
73
62
31
48
681
ADDITIONAL INFORMATION
TOTAL BALLOTS CASTTOTAL
N0. OF
AT PBECINCT
214
131
192
98
140
72
237
134
181
167
219
143
1,923
VOTES CAST
REGISTERED VOTERS
1,792
465
1,548
1,181
403
846
1,166
957
1,186
1,326
521
0
11,391
REGIS -
TOTALERED VOTERS
PERCENTAGE OF REGIST8R8D
TURNOUT
VOTERS VOTING
11.9%
28.2%
12.4%
8.3%
34.7%
8.5%
20.3%
14.0%
15.3%
12.6%
42.0%
0
16.9%
TURNOUT'
370 2. OATH OF ALLEGIANCE AND PRESENTATION OF
CERTIFICATES OF ELECTION (104.1)
The City Clerk presided at the meeting and administered the
Oath of Office to Councilmen -elect Bland, Hausdorfer, and
Schwartze. Following the Oath of Office, the City Clerk
presented the Certificates of Election, and the new Council
was seated. -
3. ROLL CALL OF NEWLY -CONSTITUTED COUNCIL (104.1)
The roll call was dispensed with since incumbent Council
Members were re-elected.
4. SELECTION OF MAYOR (104.1
The City Clerk opened nominations for the Office of Mayor.
Councilman Buchheim nominated Councilman Friess for the
Office of Mayor; Councilman Bland seconded the nomination.
There being no further nominations, nominations were closed,
and it was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried that Kenneth E.
Friess be elected as Mayor for a one-year term ending
April 7, 1987. Mayor Friess assumed the chair and presided
during selection of the Mayor pro tempore.
Presentation of Roses/Gavel Plaque:
Mayor Friess presented a bouquet of roses to Marsha
Schwartze, in recognition of her support during Councilman
Schwartze's tenure as Mayor. He then presented the gavel
plaque to outgoing Mayor Schwartze.
5. SELECTION OF MAYOR PRO TEMPORE (104.1)
Mayor Friess opened nominations for the Office of Mayor pro
tempore. Councilman Buchheim nominated Councilman
Hausdorfer for the Office of Mayor pro tempore; Councilman
Bland seconded the nomination. There being no further
nominations, nominations were closed, and it was moved by
Councilman Bland, seconded by Mayor Friess, and unanimously
carried that Gary L. Hausdorfer be elected as Mayor pro
tempore.
Presentation of Heritage Festival Plaque:
On behalf of the City Council, Councilman Hausdorfer
presented a 25th Anniversary Heritage Festival Plaque to _
outgoing Mayor Schwartze in recognition of his leadership
throughout the Heritage Festival.
6. REMARKS BY COUNCILMEN -ELECT (104.1)
Councilman Hausdorfer expressed appreciation to outgoing
Mayor Schwartze for his leadership during the year. He
thanked residents of the City for returning him to office
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3'71
and commended Russ Neal and Jean LaBurn for their courage
and conviction in running for office. He pledged to work
for change in a positive direction and to continue efforts
to make San Juan Capistrano a better place. Councilman
Bland stated it was a privilege to be re-elected and will
work to serve all the citizens of the City. He cited his
dedication toward preservation of the lifestyle and unique
environment of the City and will work toward the goal of
maintaining the current direction during the next four
years. Outgoing Mayor Schwartze expressed appreciation for
the opportunity to serve on the Council and thanked staff
for their efforts during the past year. He advised he was
looking forward to the challenges of the next four years.
CITY BANK ACCOUNTS
1. RESOLUTION AUTHORIZING DEPOSIT AND
INVESTMENT OF CITY FUNDS (210.1/200.2)
Written Communications:
Report dated April 15, 1986, from the City Clerk, forwarding
a Resolution authorizing the Mayor or Mayor pro tem and the
City Treasurer or Deputy City Treasurer to invest funds and
draw checks on the City bank accounts.
Authorization to Sign Signature Cards:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to authorize the
newly -elected Mayor and Mayor pro tem to sign the signature
cards for the City bank accounts.
Investment of City Funds:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
-4-15-2
". Z"I
Lir - G11'I r -UNDO - A KbDULU"11VN Ur- 7Tlb IaTT l.UU1VGIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DELEGATING TO THE CITY TREASURER AUTHORITY TO
DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY
FUNDS, AND REPEALING RESOLUTION NO. 85-4-16-1
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
The Resolution delegated the authority to invest funds to
the City Treasurer and authorized the following officers of
the City to invest funds and draw checks on the City bank
accounts:
-7- 4/15/86
3 Kenneth E. Friess, Mayor; or
Gary L. Hausdorfer, Mayor pro tem; and
John C. Gibson, City Treasurer; or
Mary Ann Hanover, Deputy City Treasurer; or
Robert G. Boone, Director of Administrative
Services
PRESENTATIONS AND COMMENDATIONS _
1. PROCLAMATION - GENERAL FEDERATION OF WOMEN'S
Written Communications:
Report dated April 1, 1986, from the City Clerk, forwarding
a Proclamation, as requested by the E1 Camino Real Junior
Woman's Club.
General Federation of Women's Clubs, California Juniors Day:
Mayor Friess read the Proclamation in full and, with the
consensus of Council, proclaimed April 24, 1986, as General
Federation of Women's Clubs, California Juniors Day.
Jennifer Mach, representing the E1 Camino Real Junior
Woman's Club, was present to accept the Proclamation.
ORAL COMMUNICATIONS
1. COUNCIL CANDIDACY (408.62
Russ Neal, 31072 Calle Santa Rosalia, extended
congratulations to the Council Members on their re-election
and cited appreciation for the privilege of participating as
a candidate in the election.
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, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated April 9, 1986, Warrant Register
No. 86-101, in the total amount of $354,069.95, was approved
as submitted.
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3 "7R
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1)
The City Treasurer's Report of Investments as of March 31,
1986, in the total amount of $9,055,000.00, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
The City Treasurer's Report of 1911 Act Bond Delinquencies
as of March 31, 1986, in the total amount of $561.68, was
approved as submitted.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(133.4)
The Report dated April 15, 1986, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of March 25, 1986, was ordered received
and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (140.4)
The Reports dated April 15, 1986, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Comnmission at their meetings of March 25
and April 1, 1986, were ordered received and filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(139.4)
7.
The Report dated April 15, 1986, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of March 12 and March 26, 1986, was
ordered received and filed.
Restoration of landscape and irrigation in Landscape
Maintenance District No. 1 was completed, as set forth in
the report dated April 15, 1986, from the Director of Public
Works. Maintenance of all District landscaping will
continue on the existing contract through July, 1987.
Acceptance of Work:
The following Resolution was adopted:
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3'7`
ON NO. 86-4-15-
ING AND IRRIGAT
VALLEY LANDSCAPE) - 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 RESTORATION OF LANDSCAPING AND IRRIGATION OF
LANDSCAPE MAINTENANCE DISTRICT NO. 1 - CAPISTRANO
ROYALE/GOEDEN (CAPISTRANO VALLEY LANDSCAPE AND
MAINTENANCE COMPANY)
The Resolution accepted the work as complete in the amount
of $114,442, and directed the City Clerk to forward a Notice
of Completion to the County Recorder. The retention in the
amount of $10,108.30, will be released upon expiration of 35
days from filing of the Notice of Completion.
8. COMPLETION OF CALLE ARROYO SLURRY SEAL
912.42
The Slurry Seal of Calle Arroyo was completed, as set forth
in the report dated April 15, 1986, from the Director of
Public Works.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 86-4-15-4
INC.) - 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 SLURRY
SEAL OF CALLE ARROYO (DOUG MARTIN CONTRACTING COMPANY,
INC.)
The Resolution accepted the work as complete in the amount
of $9,626.32, and directed the City Clerk to forward a
Notice of Completion to the County Recorder.
Payment status was as follows:
Total project cost $9,626.32
Less 108 retention 962.63
Amount Due $8,663.69
Staff was authorized to make payment as indicated and to
release the 108 retention upon expiration of 35 days from
filing of the Notice of Completion.
9. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (804.2)
The report dated April 15, 1986, from the Director of Public
Works, advising that relocation of the San Diego Gas and
Electric power lines over the Camino Capistrano Bridge had
been completed, and that Stage One traffic control would
begin the week of April 14, 1986, was ordered received and
filed.
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10.
3'75
WEEK. APRIL 13. 1986
As set forth in the report dated April 15, 1986, from the
Director of Public Works, the week of April 13 through 19,
1986, was proclaimed Earthquake Preparedness Week.
This item was removed from th
request of Councilman Hausdo
Homeowner Association was aw
that the Association had revi
terms and conditions. Staff
of the item to the Homeowners
their next meeting.
e Consent Calendar at the
rfer to assure that the
are of the item. He was advised
ewed and concurred with the
was directed to forward a copy
Association for discussion at
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to approve the
Development Agreement between the City and Sheraton
Intercontinental Developments, Inc., in conjunction with
development of the Black Mountain Villas project, as set
forth in the report dated April 15, 1986, from the Director
of Community Planning and Development. The Mayor and City
Clerk were authorized to execute the Agreement on behalf of
the City and the City Clerk was directed to forward the
Agreement to the Orange County Recorder's Office following
review by the Homeowners Association.
STATUS REPORT - MOULTON NIGUEL WATER DISTRICT
3A PLANT LAND OUTFALL (903.4)
This item was removed from the Consent Calendar at the
request of Councilman Hausdorfer, who noted the importance
of the project and the need for adequate notification.
Councilman Bland cited potential traffic impacts associated
with the project. The Director of Public Works advised that
efforts were being made to assure as much public exposure as
possible.
As set forth in the report dated April 15, 1986, from the
Director of Public Works, it was moved by Councilman
Hausdorfer, seconded by Councilman Bland, and unanimously
carried to approve in concept the Moulton -Niguel Water
District 3A Plant Land Outfall project, with the requirement
that upon completion of the plans and specifications the
project be returned to Council for approval of the award of
the Encroachment Permit. Council requested that future
reports be on the regular Agenda, other than Consent
Calendar.
-11- 4/15/86
3'M PUBLIC HEARINGS
1. SECOND EXTENSION OF TIME - TENTATIVE TRACT 11587
This item was continued from the meeting of January 21,
1986.
Written Communications:
Report dated April 15, 1986, from the Director of Community
Planning and Development, advising that the item had been
continued to allow for testing of the sanitary landfill for
toxic substances, to resolve the issue of closure and
certification of the landfill, and to arrange a meeting
between the two homeowners' associations to discuss their
positions on the tentative tract maps. The report set forth
the status of the issues and recommended continuance of the
Hearing to allow for completion of the information requested
regarding testing for toxic substances.
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.
Public Hearing Continued:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to continue the
Public Hearing to the meeting of June 3, 1986.
2. REZONE 85-5 AND SPECIFIC DEVELOPMENT
PLAN 86-1 (NU -WEST) (318.5)
This item was continued from the meeting of March 4, 1986.
Written Communications:
Report dated April 15, 1986, from the Director of Community
Planning and Development, advising that the applicant had
prepared alternate designs for the project, and recommending
that the Hearing be continued to allow for Planning
Commission review, as requested by the applicant.
The Director of Community Planning and Development noted
that a meeting had been held on April 14, 1986, with
adjacent neighborhood residents regarding the extension of
the project. Councilman Hausdorfer requested that the
Spotted Bull and Country Hills Estates developments be
notified regarding the project and the Director of Community
Planning and Development advised that a notification list
had been compiled which also included the Mission Hills and
Village San Juan areas.
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.
-12- 4/15/86
Public Hearing Continued: It was moved by Councilman 3 77
Buchheim, seconded by Councilman Bland and unanimously
carried to continue the Public Hearing to the meeting of May
6, 1986.
3. REZONE 85-3 AND TENTATIVE PARCEL MAP 85-306
(ROSAN RANCH PLANNED DEVELOPMENT/KAISER
DEVELOPMENT) (316.3/318.5)
This item was continued from the meeting of March 18, 1986.
Written Communications:
Report dated April 15, 1986, from the Director of Community
Planning and Development, noting that the item had been
continued to allow the applicant sufficient time to submit a
revised Comprehensive Development Plan to the Planning
Commission. The report advised that the Plan submitted to
the Planning Commission was unacceptable and not reflective
of Planning Commission direction given on March 11, and
recommended the item be withdrawn from consideration and
rescheduled upon receipt of an acceptable Comprehensive
Development Plan.
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.
Item Withdrawn from Consideration:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to withdraw the item from
consideration pending receipt of an acceptable Development
Plan.
4. TENTATIVE PARCEL MAP 85-466, LOCATED AT
31761 AGUACATE ROAD (WILSON/KORBY) (316.3)
Proposal:
Consideration of an application to subdivide a 1.37 -acre
parcel into two lots. The property is located in the ES
(Small Estate) zone on an access easement from Via Pastoral.
Surrounding uses consist of single-family homes. The
proposed zoning would remain ES (Small Estate).
Applicant:
Carl and Carol Wilson, P. O. Box 514, San Juan Capistrano.
Written Communications:
(1) Report dated April 15, 1986, from the Director of
Community Planning and Development, forwarding a
recommendation of approval from the Planning
Commission.
(2) Letter dated April 12, 1986, from John N. Given, 31765
Aguacate Road, citing concerns regarding inadequate
roadway facilities.
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v (3) Letter dated April 15, 1986, from T. J. LaMothe, 26001
Via Arboleda, P. 0. Box 753, stating that the proposed
project should meet requirements for improved streets
and adequate sewage facilities.
(4) Letter dated April 15, 1986, from Gary and Helga Wood,
26001 Via Arboleda, opposing development without
adequate street and utility improvements.
Exhibits were on display and Susan Tebo, Associate Planner,
made an oral presentation. She advised that prior to 1976,
the area had been zoned E2, which allowed for �-acre lots.
She advised that during the General Plan process, only the
name of the zone was changed to Small Estate; the other
requirements remained the same. She noted that a condition
had been included to require widening of the road to 10 feet
with 20 -foot turnouts.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons
responded:
(1) Bill Korby, P. O. Box 1748, developer, advised he
wished to build a personal residence on the property
and had been in the process for 3 years. He advised he
had volunteered to upgrade the road and install
turnouts where possible and was not requesting anything
other than what the City had already planned for the
area.
(2) John Minch, 26021 Via Arboleda, cited concerns
regarding the lack of sewer facilities and future
impacts on adjacent neighbors if subdivision of lots in
the area were allowed to continue without adequate
improvements. He discussed granting of a sewer
easement across his property for the benefit of
Alexander Schmick.
(3) Alexander Schmick, 31751 Aguacate Road, cited concern
regarding the h -acre zoning designation and impacts on
the area. He discussed the denial of his request to
replace his septic system and the requirement that he
connect to a public sewer. He stated opposition to
development of the parcel with the proposed septic tank
system and advised that widening of the roadway would
impact his property.
There being no further response, Mayor Friess closed the
Hearing with the right to re -open at any time.
Council Discussion:
In response to Councilman Hausdorfer, Tom Tomlinson, City
Planner, clarified that the original E2 zoning had been in
effect since 1965, and the designation to Small Estate
-14- 4/15/86
3'79
occurred in 1975 during the General Plan process. He
advised that only the name changed, and the types of uses,
setbacks, lot sizes, etc., had remained the same. He
advised that prior to approval of a septic system, the
developer would have to meet certain requirements for
percolation. Nobby Cochran, Building official, noted Code
requirements for connection to a public sewer system and
Councilman Hausdorfer requested that the matter be clarified
with regard to Mr. Schmick's situation. Councilman
Schwartze cited opposition to the development of a bootleg
subdivision with inadequate circulation and sewer
facilities. He suggested consideration of an assessment
district to alleviate problems in the area. Mayor Friess
stated that Via Pastoral was inadequate and standards for
adequate circulation and sewer facilities should be set.
Defeat of Motion to Approve Parcel Map:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland to approve Tentative Parcel Map 85-466.
Citing concern regarding the septic tank situation,
Councilman Bland suggested the motion be modified to approve
the project, and to research the situation regarding Mr.
Schmick's septic tank. Councilman Buchheim suggested
approval of the project with a condition requiring adequate
road and sewer facilities. The motion failed with
Councilmen Buchheim, Bland and Mayor Friess voting in the
negative.
to Approve with Conditions Withdrawn/Es
or morarorium on earcel reaps Evia easzoral/:
Discussion ensued regarding approval of the project with
conditions for road and sewer improvements and a possible
moratorium on additional parcel maps pending a study on
circulation and sewage disposal in the area. It was moved
by Councilman Schwartze and seconded by Councilman Bland to
approve Parcel Map 85-466 as recommended by staff. The
motion was subsequently withdrawn. It was moved by
Councilman Schwartze, seconded by Councilman Bland, to
establish a moratorium on additional parcel maps within the
Small Estate zoning pending a study prepared for Council
consideration regarding circulation and sewer improvements
in the area. With the concurrence of the second, the motion
was amended to limit the moratorium to those lots which take
access from Via Pastoral. The motion carried unanimously.
Motion to Continue Consideration of Parcel Map Withdrawn:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, to continue consideration of the item for 30 days
until concerns regarding circulation and sewer improvements
have been addressed. Following input from Mr. Korby and Mr.
Minch, the motion was withdrawn.
Approval of Parcel Map 85-466:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer, that the following Resolution be adopted with an
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amendment to Condition No. 9 to require participation in an
assessment or other similar funding mechanism to ensure
cooperation in future sewer and/or roadway improvements:
RESOLUTION NO. 86-4-15-5, TENTATIVE PARCEL MAP
85-466 (WILSON) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 85-466 (WILSON)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT: None
Communications with Residents:
There was a consensus of Council that a letter be forwarded
to those residents who expressed opposition to the project
indicating Council action and clarifying the issue of zoning
of the area.
RECESS AND RECONVENE
Council recessed at 8:42 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:44 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. AGREEMENT FOR AUTOMATED INFORMATION
MANAGEMENT SYSTEM (NBI) (406.645/1102.2)
Written Communications:
Report dated April 15, 1986, from the Assistant City
Manager, forwarding a contractual agreement between the City
and NBI, Inc., for provision of an automated information
management system, pursuant to Council direction on
March 18, 1986. The report advised that the sum of $55,000
was budgeted in each fiscal year of the five-year budget for
computerization. Total costs were estimated at $275,000,
with initial expenditures of $185,000. Staff was finalizing
a financing plan to spread the costs over five years.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to authorize the Mayor
and City Clerk to execute the agreement with NBI on behalf
of the City and to authorize staff to negotiate a funding
arrangement.
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2. CONSULTANT SELECTION GUIDELINES POLICY (110.3/121.2) 3 81
Written Communications:
Report dated April 15, 1986, from the Assistant City
Manager, forwarding a policy for the selection of all
professional consultants. The policy suggested that for
projects estimated at under $10,000, staff may solicit
proposals from qualified firms and if possible interview two
consultants. For projects estimated at over $10,000, at
least five Requests for Proposals should be solicited and at
least three consultants interviewed, if possible.
Councilman Schwartze suggested inclusion of additional
consultant categories and a requirement that consultants be
certified.
Approval of Policy:
It was moved by Councilman Hausdor£er, seconded by
Councilman Buchheim, and unanimously carried to adopt the
proposed policy regarding the selection of professional
consultants for inclusion in the Council Policy Manual, with
inclusion of a requirement for consultant certification and
consultant categories relating to electronics/TV,
management, environmental, legal and interior design.
3. CAPITAL IMPROVEMENT PROGRAM THIRD
QUARTER STATUS REPORT (205.85)
Written Communications:
Report dated April 15, 1986, from the Administrative
Assistant, setting forth the status of Capital Improvement
Projects during the third quarter of the budget year.
With the concurrence of Council, Mayor Friess ordered the
report received and filed.
4. JUNE BALLOT PROPOSITIONS (408.59)
Written Communications:
Report dated April 15, 1986, from the Administrative
Assistant, describing five Propositions on the June ballot
that are of importance to cities.
Support of Propositions:
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer, and unanimously carried to support Propositions
45, 46, 47, 49, and 51 on the June ballot. News releases
will be issued to inform citizens of the City's position on
the Propositions.
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3 $�_
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING COMMISSION DECISION APPROVING
ARCHITECTURAL CONTROL 78-1. MODIFICATION TO
Proposal:
Consideration of an appeal of a Site Plan modification to
allow construction of an 8,277 -square -foot two-story office
building at 32442 Calle Rolando, rather than the originally
proposed 7,875 -square -foot, single -story structure. The
property is zoned RM (Multiple Family Residential); Land Use
Permit 74-1 allowed for certain industrial, office, and
commercial uses on the property. Surrounding uses include
the San Juan Mobile Estates to the north, the Alipaz
Commercial Park to the west, and vacant land to the south
and east. The appeal was based on concern that a two-story
building would block prevailing breezes.
Applicant/Property Owner:
Fred Baier, 27151 Calle Delgado, San Juan Capistrano.
Appellant:
San Juan Mobile Estates Residents Association, Inc., 32302
Alipaz Street, San Juan Capistrano.
Written Communications:
Report dated April 15, 1986, from the Director of Community
Planning and Development, forwarding background information
and a recommendation to deny the appeal, since construction
of a one-story building would also impact the mobile home
residences and concern had been given to buffering the
mobile home park with landscaping and preservation of
on-site trees.
Exhibits were on display, and Susan Tebo, Associate Planner,
made an oral report, discussing positioning of the proposed
building and its impacts on neighboring residences and air
circulation.
Public Input:
The following persons addressed Council:
(1) Albert F. Simons, Vice -Chairman of the San Juan Mobile
Estates Residents Association, 32302 Alipaz Street,
Space 135, spoke in opposition to the proposed
modification, stating that the building would make the
industrial nature of the project stand out in the
residential area. He noted traffic concerns and cited
opposition to encroaching industrial uses in a
residential area.
(2) Fred Baier, applicant, 27151 Calle Delgado, cited his
consideration of the neighboring mobile home park and
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stated the project as proposed would allow for better air
circulation and a feeling of space. He noted that the
original one-story building would be built immediately
adjacent to the fence; that the two-story building would
only be 6 feet higher than the approved one-story building.
He further advised he had personally contacted impacted
neighbors.
Denial of Appeal:
Council concurred that
better situation for t
originally proposed.
seconded by Councilman
to deny the appeal of
Architectural Control
DIRECTOR OF PUBLIC WORKS
the project as proposed would be a
he mobile home park than that
It was moved by Councilman Buchheim,
Hausdorfer, and unanimously carried
the Site Plan Modification for
78-1 (Baier).
1. AWARD OF CONTRACT - VEREDA BIKEWAY,
LA NOVIA AVENUE TO VIA SOLANA (704.5)
Written Communications:
Report dated April 15, 1986, from the Director of Public
Works, forwarding results of bids received for the
construction of the Vereda Bikeway from La Novia Avenue to
Via Solana. The low bid was in the amount of $94,236; the
Engineer's Estimate for the project was $77,000. The report
advised that the disparity was due to the addition of
several drainage structures, access approaches, and
additional trail signs and striping. Funds were budgeted in
Account 06-4706-511; Senate Bill 244 grant funds had been
received for the project in the amount of $74,900. Award of
the bid would necessitate a budget adjustment of $15,000
from the Systems Development Tax Reserves.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer, and unanimously carried to award the contract
for construction of the Vereda Bikeway from La Novia Avenue
to Via Solana, to Husby Construction of San Juan Capistrano,
in the amount of $94,236 and to authorize the Mayor and City
Clerk to execute the contract on behalf of the City. Staff
was authorized to transfer $15,000 from the Systems
Development Tax Reserves to Account 06-4706-511.
ORDINANCES
1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - VEHI
Written Communications:
(1) Report dated April 15, 1986, from the CIty Clerk,
advising that the Ordinance was introduced at the
meeting of March 18, 1986, and was scheduled for
adoption.
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384
(2) Letter dated April 14, 1986, from Robert F. Herwig,
owner, Orange Coast Travel, 32118 Paseo Adelanto, San
Juan Capistrano, suggesting that passenger vehicles not
be subject to screening requirements of Section
9-3.616(b) of the Municipal Code.
(3) Complete text of the proposed Ordinance.
Public Input:
Robert Herwig, Orange Coast Travel, 32118 Paseo Adelanto,
advised he was an agency operator for Avis, not a
franchisee. He stated that there was never a large number
of cars stored on the property and maintenance was not
undertaken on the site. He stated the intent of the
Ordinance was to screen objectionable vehicles and current
model passenger vehicles were not objectionable. He
suggested that Council either exclude current model
passenger vehicles or not adopt the Ordinance as presented.
The City Manager advised the initial impetus for the
Ordinance had been trucks, not passenger vehicles.
Planning Commission Review:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried to forward the Ordinance
to the Planning Commission for review and recommendation
relating specifically to the issue of current model
passenger vehicles.
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE L
Written Communications:
Report dated April 15, 1986, from the Assistant to the City
Manager, forwarding the names of applicants for appointment
to the Los Rios Review Committee.
Appointment of Willis E. (Bill) Hardy:
Mayor Friess recommended appointment of Willis Hardy. It
was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze, and unanimously carried to appoint Willis Hardy
to fill the vacancy on the Los Rios Review Committee.
2. APPOINTMENT OF ONE MEMBER TO THE PARKS AND
RECREATION COMMISSION (138.2)
Written Communications:
Report dated April 15, 1986, from the Assistant to the City
Manager, forwarding the names of applicants for appointment
to the Parks and Recreation Commission.
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Appointment of Terry Lowe:
3 85
Mayor Friess recommended appointment of Terry Lowe. It was
moved by Councilman Buchheim, seconded by Councilman Bland,
and unanimously carried to appoint Terry Lowe to fill the
vacancy on the Parks and Recreation Commission.
3. APPOINTMENT OF ONE MEMBER TO THE TRAFFIC AND
TRANSPORTATION COMMISSION (139.2)
Written Communications:
Report dated April 15, 1986, from the Assistant to the City
Manager, forwarding the names of applicants for appointment
to the Traffic and Transportation Commission.
Appointment of Matt Gaffney:
Councilman Bland recommended appointment of Matt Gaffney.
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to appoint Matt Gaffney to
fill the vacancy on the Traffic and Transportation
Commission.
COMMISSIONS, COMMITTEE AND BOARDS MEETING (130.1)
Mayor Friess advised that on April 24, 1986, all members of
the City Commissions, Boards, and Committees would meet at
City Hall to discuss procedures and processes.
Councilman Schwartze noted the policy regarding unexcused
absences from Commission meetings, and staff was directed to
contact a Cultural Arts and Heritage Commission Member to
determine the reason for the unexcused absences.
COUNCIL REMARKS
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR (801.7)
Councilman Hausdorfer noted that a meeting would be held on
April 16, 1986, at 7:00 p.m., at Marco Forster Junior High
School regarding proposed alignments. He noted that the
City is opposed to the San Juan Creek Road and Avenida Pico
alignments.
2. TRAFFIC SIGNAL - VIA ESCOLAR/RANCHO VIEJO ROAD (910.6)
Councilman Hausdorfer encouraged consideration of a traffic
signal at the intersection of Via Escolar and Rancho Viejo
Road. Discussion ensued regarding parking and circulation
problems in the area, and Councilman Hausdorfer suggested
discussions with the Capistrano Unified School District.
3. CAPISTRANO ROYALE (316.1)
Councilman Hausdorfer received clarification regarding the
occupancy status of the former model homes.
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4. ELECTIONS (408.59)
Councilman Hausdorfer noted an editorial in the Los Angeles
Times on April 13 regarding the April elections. There was
a consensus that a report be prepared for Council
consideration at a future meeting regarding consolidation
with the June or November elections.
SOUTHERN CALIFORNIA EDISON (1000.1)
Councilman Schwartze noted receipt of a letter dated
April 9, 1986, from Southern California Edison regarding use
of a helicopter to remove and replace a siren in the
Meredith Canyon area of the City.
6. PRICE CLUB (105.4
Councilman Schwartze noted receipt of a letter dated
April 3, 1986, from Steven Ferris, Capistrano Sewing Machine
Company, 32210-A Camino Capistrano, regarding the proposal
to open a Price Club in San Juan Capistrano.
7. GASOLINE/ALCOHOLIC BEVERAGE SALES (418.3)
Councilman Bland noted an article in the Los Angeles Times
regarding proposed legislation which would remove local
control over concurrent sales of gasoline and alcohol. He
was advised that a letter of opposition to the legislation
had been forwarded to the Senator sponsoring the
legislation.
8. SWALLOWS DAY PARADE/10 KM RUN (105.14/706.1)
Mayor Friess noted a letter dated March 30, 1986, from
Stephanie Hilton, regarding improved safety during the
Swallows Day Parade, and a letter dated April 3, 1986, from
Imogene Mitchell, regarding the 10 -KM run.
ORAL COMMUNICATIONS
1. TRAFFIC CONDITIONS - DEL OBISPO STREET (805.1)
Larry Streelman, 25701 Windjammer, advised of an accident
which had occurred on Del Obispo at Paseo Adelanto and cited
concerns with traffic conditions on Del Obispo Street,
particularly in the vicinity of the Captain's Hill
Development. Following discussion, the Director of Public
Works was requested to provide an update on projects
scheduled for the improvement of Del Obispo.
CLOSED SESSION
Council recessed to a Closed Session at 9:56 p.m., for discussion
of personnel matters, the City Clerk being excused therefrom, and
reconvened at 10:10 p.m.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:10 p.m., to the next regular meeting date of
Tuesday, May 6, 1986, at 7:00 p.m., in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MAYOR
Respectfully submitted,
i
MARY ANN P(NOVER,/ CITY CLERK
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