86-0617_CC_Minutes_Regular Meeting457
JUNE 17, 1986
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Friess at
7:05 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend James
Mullins, Capistrano Church of the Nazarene.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
ABSENT: Anthony L. Bland, Councilman
Phillip R. Schwartze, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard,
Assistant City Manager; 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, Deputy City Clerk/Recording
Secretary.
MINUTES
Regular Meeting of June 3, 1986:
Approval of the Minutes of the Regular Meeting of June 3, 1986,
was held over due to the absence of Councilmen Bland and
Schwartze.
Adjourned Regular Meeting of June 10, 1986:
It was moved by Councilman Hausdor£er, seconded by Councilman
Buchheim, that the Minutes of the Adjourned Regular Meeting of
June 10, 1986, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Buchheim, Hausdorfer
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
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:
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458 AYES.,
NOES:
Councilmen Buchheim, Hausdorfer
and Mayor Friess
None
ABSENT: Councilmen Schwartze and Bland
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - HONORARY CITIZEN. RICHARD MARS (114.2)
Written Communications:
Report dated June 17, 1986, from the Assistant to the City
Manager, forwarding a proclamation naming Richard Mars as an
honorary citizen in recognition of his years of service to
the public.
Approval of Proclamation:
Mayor Friess read the Proclamation in full. There was a
consensus of Council to approve the Proclamation honoring
Richard Mars. Mr. Mars was present to receive the
Proclamation.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
1. APPROVAL OF WARRANTS (202.2
The List of Demands dated June 4, 1986, Warrant Register No.
86-121, in the total amount of $422,815.73, was approved as
submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1)
The City Treasurer's Report of Investments as of May 31,
1986, in the total amount of $8,855,000.00, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of May 31, 1986, was approved as
submitted.
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4.
5.
REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4) 4 5 9
The Report dated June 17, 1986, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of June 9, 1986, was ordered received and filed.
CULTURAL ARTS AND
The Report dated June 17, 1986, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meeting of May 17, 1986, was ordered received
and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (140.4)
The Report dated June 17, 1986, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of June 10,
1986, was ordered received and filed.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(139.4)
The Report dated June 17, 1986, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of May 14 and May 28, 1986, was
ordered received and filed.
8. COMMUNITY SERVICES QUARTERLY ACTIVITIES REPORTS -
FALL, 1985, AND WINTER, 1986 (706.1)
The report dated June 17, 1986, from the Director of
Community Services, forwarding the Community Services
Quarterly Activities Reports for Fall, 1985, and Winter,
1986, was ordered received and filed.
9. AWARD OF CONTRACT - SLURRY SEAL OF CITY STREETS (912.43)
As set forth in the report dated June 17, 1986, from the
Director of Public Works, the contract for the Slurry Seal
of City Streets was awarded to the low responsible bidder,
Roy Allen Slurry Seal, Inc., of Laguna Niguel, in the amount
of $81,441.60; all other bids were rejected. The Mayor and
City Clerk were authorized to execute the contract on behalf
of the City.
10. PARCEL MAP 85-204 (VILLA DEL OBISPO/COOK BARN)
(316.3/406.650)
As set forth in the report dated June 17, 1986, from the
Director of Public Works, Parcel Map 85-204 (Villa Del
Obispo/Cook Barn) was approved with the determination that
said map was consistent with the General Plan of the City
and in substantial compliance with the approved Tentative
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4 6 O Parcel Map. The City Clerk was authorized to execute the
�J Parcel Map and forward the Map to the Orange County
Recorder's Office.
11. CLAIM AGAINST THE CITY (CORNWELL AND BOGGS)
(402.143/402.144/402.145)
As set forth in the report dated June 17, 1986, from the
City Attorney, the following claims resulting from an
alleged accident occurring on March 3, 1986, at the
intersection of Camino Capistrano and Forster Street,
wherein Alfred Cornwell was struck by a vehicle driven by
Virginia Boggs, were denied:
Claim for personal injuries, submitted by Alfred
Cornwell, in the amount of $2,175,000;
Claim for personal injuries, submitted by Josephine
Cornwell, in the amount of $1,000,000; and,
Claim for indemnification for any amount of settlement
or judgment in the case, submitted by Virginia Boggs.
The claims were referred to the City's insurance adjuster,
Carl Warren and Company.
12. CLAIM AGAINST THE CITY (MECCIA) (402.146)
As set forth in the report dated June 17, 1986, from the
City Attorney, the claim filed on June 6, 1986, by Attorney
Henry G. Haddad on behalf of Frank Meccia, Jr., in the
amount of $500,000, as a result of an accident occurring on
April 12, 1986, at the intersection of Del Obispo and
Avenida Pedregal, was denied. The claim was referred to the
City's insurance adjuster, Carl Warren and Company.
PUBLIC HEARINGS
1.
Proposal:
Extension of an urgency ordinance, adopted on May 6, 1986,
establishing a moratorium on subdivision map approvals in
the Via Pastoral area of the City during the interim time
period pending completion of a zoning study.
Applicant: _
This was a City -initiated Public Hearing:
Written Communications:
Report dated June 17, 1986, from the Director of Community
Planning and Development, forwarding the proposed ordinance.
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.
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Extension of Moratorium: 461 -
The
61 -
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer that the
following Ordinance be adopted:
NO. 573. EXTEND
F.11 9 Or=
8m
M
SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING INTERIM
ORDINANCE NO. 568, ESTABLISHING A MORATORIUM ON
SUBDIVISION MAP APPROVALS FOR A CERTAIN DESIGNATED AREA
ZONED ES (SMALL ESTATE) (VIA PASTORAL)
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
2. TENTATIVE PARCEL MAP 86-108 -
This Public Hearing was continued from the meeting of
May 20, 1986.
l:
Proposa
Consideration of a request to subdivide 3.2516 acres into
two parcels located at 31471 Aguacate Road. The property is
zoned EL (Large Estate); single-family residences surround
the property. One single-family dwelling currently exists
on the parcel.
Applicant:
Mr. and Mrs. Bruce Patterson, 31471 Aguacate Road, San Juan
Capistrano.
Written Communications:
(1) Report dated June 17, 1986, from the Director of
Community Planning and Development, advising that the
applicant requested vacation of the equestrian easement
adjacent to Peppertree Bend and recommending that the
easement remain until such time as the title for access
purposes to the Peppertree Bend Trail is resolved. The
report further recommended acceptance of the
irrevocable offer for right-of-way relating to the
extension of Via Estelita, as recorded in Parcel Map
73-15, to provide immediate access to the public street
for Parcel 2.
(2) Letter dated June 16, 1986, from Richard Spaulding,
31611 Sacarama Lane, San Juan Capistrano, forwarding a
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4 k � sketch depicting a public turn -around at the present
terminus of Via Estelita and urging that the turn -around be
made a condition of approval.
Exhibits were on display and Susan Tebo, Associate Planner,
made an oral presentation, discussing the staff
recommendation to require the acceptance of an irrevocable
offer of dedication for street purposes over the Jones and
Spaulding properties in order to provide access to Via
Estelita for the proposed Parcel 2. The Director of
Community Planning and Development advised that a meeting
had been held with Mr. Spaulding regarding his proposal to
require a cul-de-sac; that staff felt the action was
premature. In response to Mayor Friess he advised that a
condition could be added to require participation in the Via
Estelita street improvements, including a cul-de-sac if that
action was deemed to be appropriate. He further noted that
the staff recommendation should be corrected to indicate
the intent to accept the irrevocable offer of dedication to
the end of the pavement as it presently exists.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons
responded:
(1) Richard Spaulding, 31611 Sacarama Lane, urged
acceptance of an irrevocable offer to dedicate land
over the Patterson property for a cul-de-sac. He
further stated he would prefer that a minimum amount of
his property be taken for the proposed access. He
cited concerns regarding location of the existing power
pole and the proposed driveway, stating objections to
additional poles which might be required.
(2) Bruce Patterson, applicant, 31471 Aguacate Road,
advised he had withdrawn his request to delete the
equestrian trail. He cited opposition to Condition No.
4 requiring an easement across Parcel 2 for access to
Via Estelita from Parcel 1. He stated that access had
always been taken from Sacarama; further, no other
residence in the immediate area had a secondary access.
He stated the easement had not been part of earlier
staff recommendations.
There being no further response, Mayor Friess closed the _
Public Hearing with right to re -open at any time.
Council Discussion:
The City Manager advised that pursuant to the present
zoning in the area, there was no legal right to require a
cul-de-sac as proposed by Mr. Spaulding; that to do so would
require a General Plan Amendment. Mayor Friess advised that
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the easement across Parcel 2 was required for emergency 6
access with the intent that it would be rough -graded.
Councilman Hausdorfer stated that requiring the easement
would not encumber the property in a negative way and could
be valuable at a future time.
Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to certify the
Negative Declaration.
Acceptance of Irrevocable Offer:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to direct the
City Engineer to prepare the necessary legal documents for
acceptance of the irrevocable offer to the present terminus
of the existing pavement of Via Estelita and to authorize
the Mayor to execute said documents on behalf of the City.
Approval of Tentative Parcel Map:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be adopted
with inclusion of a condition regarding participation in a
cul-de-sac on Via Estelita if deemed appropriate:
RESOLUTION NO. 86-6-17-1, TENTATIVE PARCEL MAP 86-108
(PATTERSON) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 86-108 (PATTERSON)
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
3. GENERAL PLAN AMENDMENT, REZONE 86-1
11634 - BATHGATE RANCH PLANNED COMM
This Public Hearing was continued from the meeting of
May 20, 1986.
Written Communications:
Report dated June 17, 1986, from the Director of Community
Planning and Development, advising that Planning Commission
review of the project was not complete and recommending that
the item be rescheduled at a later date.
item to be Rescheduled:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to take no
-7- 6/17/86
4 64 action on the application and to direct staff to reschedule
the item upon completion of Planning Commission review.
4. GENERAL PLAN AMENDMENT 86-2, ARCHITECTURAL CONTROL 85-3 AND
This Public Hearing was continued from the meeting of
May 20, 1986.
Written Communications:
Report dated June 17, 1986, from the Director of Community
Planning and Development, advising the applicant was in the
process of investigating alternatives to the site plan and
had requested a continuance of the Hearing.
Continuance of Public Hearing:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to continue the Public
Hearing to the meeting of July 1, 1986, as requested by the
applicant.
5. REZONE 86-3, GROWTH MANAGEMENT 86-1 AND TENTATIVE TRACT
12663 (LACOUAGUE/RIVENDELL) (304.1/316.1/318.5)
This Public Hearing was continued from the meeting of
June 3, 1986.
Proposal:
Consideration of a zone change to PC (Planned Community) and
a tentative tract map application to create 231 residential
lots; a multi -court membership tennis and athletic club; an
equestrian, riding, training, and show facility; and, a
5 -acre public park site. The property is located at the
easterly terminus of San Juan Creek Road and includes
approximately 263 acres. The present zoning includes a base
district designation of GM (Growth Management), with
environmental overlay districts of FP -1 (Floodway), FP -2
(Floodway Fringe), and HM (Hillside Management).
Surrounding uses include residential to the west, equestrian
stables to the north, and vacant land to the east and south.
Property Owner:
Jean Lacouague, P. O. Box 327, San Juan Capistrano.
AA2plicant:
e
Rivndell Management Group, Ltd., 10318 - 82 Avenue, Suite
300, Edmonton, Alberta, Canada T6E 1Z8.
Written Communications:
(1) Report dated June 17, 1986, from the Director of
Community Planning and Development, setting forth staff
findings and the Planning Commission's recommendation
of approval.
-8- 6/17/86
(2) Amended Ordinance approving Rezone 86-3. 4 65
(3) Amended Resolution approving Tentative Tract 12663.
Exhibits were on display and Tom Tomlinson, City Planner,
made an oral presentation, discussing the proposed rezone,
growth management application, and tentative tract approval.
He further discussed the required on- and off-site
improvements and those improvements in which participation
was required. He noted changes to the Ordinance approving
the rezone which would provide for the tennis facility to be
a principal permitted use, with remaining uses to be
conditional uses. He noted amendments to the tentative
tract resolution regarding the San Diego Pipeline, a
participation agreement for off-site improvements,
construction phasing and access, dedication of the Open
Space area, and an access easement for Paseo Riobo.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following person
responded:
(1) Bill Griffith, representing the applicant, stated the
project was consistent with the spirit of the General
Plan and objectives of the community, and discussed the
following:
Minimum Lot Size Adjacent to Hidden Valley - requested
the staff recommendation be amended to 20,000 square
feet;
Proposed Recreational Uses on Parcel 1 of Tentative
Tract 12663 - requested some latitude in terms of the
proposed uses;
Public Improvements - stated the wish to work with
staff regarding participation in public improvements,
including signalization requirements;
Landscape Buffer - recognized the need for a buffer,
which will be addressed at the appropriate time;
San Diego Pipeline - stated the intent to identify the
right-of-way and note its existence in the Real Estate
report;
Soils Subsidence Insurance - cited the difficulty in
obtaining such insurance and the hope for a suitable
solution to the problem;
Off -Site Improvements - requested cooperation in
construction of San Juan Creek Road, sewers, etc., in
terms of development fees and the potential for
reimbursement from adjacent property owners, stating a
-9- 6/17/86
4 66 wish to work with staff on the matter. He requested
assistance in securing necessary right -o£ -way along San
Juan Creek. He stated that the issue of constructing
the La Novia bridge as a front-end cost of the project
remained to be resolved.
There being no further response, Mayor Friess closed the
Public Hearing with the right to re -open at any time. -
Council Discussion:
Mayor Friess noted that his residence was adjacent to the
proposed project; that the City Attorney advised there was
no conflict of interest and he would be allowed to
participate. There was concurrence that the requested lot
size of 20,000 square feet adjacent to Hidden Valley was
acceptable. Discussion ensued regarding the flexibility for
recreational uses and the need for public awareness of the
uses that will ultimately be installed. There was general
support for equestrian uses, with Councilman Hausdorfer
urging a minimum equestrian use. There was a consensus that
a Conditional Use Permit for recreational uses other than
the principal use not be required; however, public hearings
at the Planning Commission and Council levels will be
required. There was a consensus that the condition requiring
soil subsidence insurance be retained, with staff, the
applicant and the City Attorney working to resolve the
problems. Councilman Hausdorfer stated the insurance issue
should not hold up the project and that an appeal should be
heard at the earliest possible time if necessary. Council
stated it was not the intent that this project should carry
the full burden of off-site improvements and that there was
the ability to negotiate the development's proportionate
share; further, the City would cooperate in right-of-way
acquisition. Councilman Hausdorfer stated concern that
there be fairness and sensitivity to the developer in terms
of the financial impacts of improvements required for
project construction, and suggested staff review the issue
of the La Novia bridge and the concept of fees, particularly
relating to systems development and agricultural
preservation.
Environmental Impact Report Certified:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
12663 (LACOUAGUE/RIVENDELL) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
MAKING CERTAIN FINDINGS WITH RESPECT TO THE
ENVIRONMENTAL IMPACTS OF REZONE 86-3, GROWTH MANAGEMENT
86-1, AND TENTATIVE TRACT 12663 (LACOUAGUE/RIVENDELL)
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The motion carried by the following vote: 4 6.F
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
Approval of Rezone 86-3:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer that the
following Ordinance be introduced, with amendments to the
Comprehensive Development Plan to require that lot sizes
adjacent to Hidden Valley be 20,000 square feet and, that
public hearings be held at the Planning Commission and City
Council levels on proposed alternate recreational uses for
Parcel 1 of Tentative Tract 12663, with no further fees to
be required:
REZONE 86-3 (LACOUAGUE/RIVENDELL) - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY
APPROVING THE ZONING OF ASSESSOR'S PARCEL NOS.
124-223-38 AND 124-223-39 FROM GM (GROWTH MANAGEMENT)
TO PC (PLANNED COMMUNITY)
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
Approval of Growth Management 86-1:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
Azov] Uu Ti.vv Nv. 00-0-1/-3, uAvw Tn ruumaVBmrwm.L oo-1 -
RESIDENTIAL CONCEPT PLANS (LACOUAGUE RIVENDELL) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING RESIDENTIAL CONCEPT
PLANS FOR GROWTH MANAGEMENT 86-1 (LACOUAGUE/RIVENDELL)
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Councilmen Buchheim, Hausdorfer,
and Mayor Friess
None
Councilmen Schwartze and Bland
-11- 6/17/86
The Resolution set a growth management point rating of 61
points.
Approval of Tentative Tract 12663:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 86-6-1
2663
t1'AI:UU'RUUL'/K1VEfiUELL) - A 1KL'SULUT1UN Uk THE UITI
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 12663
(LACOUAGUE/RIVENDELL)
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
Abatement of Illegal Uses:
At the suggestion of Mayor Friess, it was moved by
Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried that illegal uses on the property be
abated within 90 days.
6. REVIEW OF FISCAL BUDGET FOR THE
1986. AND ENDING JUNE 30, 1991 -
This Public Hearing was continued from the meeting of
June 10, 1986.
Written Communications:
Report dated June 17, 1986, from the Assistant City Manager,
forwarding a chart depicting funding requests received from
a variety of community organizations.
The Assistant City Manager made an oral report, noting that
funding requests had been received from 15 community
organizations, and $44,500 had been included in the proposed
1986-87 budget for community organization support.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons
responded in support of funding requests:
(1) Bill Gil, Executive Director, South Coast Community
Clinic,
(2) Max Holland, Vice President, Chamber of Commerce.
-12-
6/17/86
(3) Patrick Timmins and Adolph Macias, Capistrano Valley p
Symphony.
(4) Bryan Smillie, Friends of the Library.
(5) Bob Carrubba, Executive Director, Community Counseling
Center.
(6) Bill Luke, President, San Juan Historical Society.
(7) Barbara Dykes, Director, Community Services Program
Youth Shelter.
(8) Tanya Macarewich, South Coast Literacy Council.
(9) Belinda Blacketer, Attorney at Law, 1550 South Coast
Highway, Suite 204, Laguna Beach, representing the
North San Juan Capistrano Coalition of Homeowner
Associations, presented a letter dated June 17, 1986,
requesting that the City set aside monies for review
and study of the north San Juan Capistrano area, noting
a number of concerns regarding development projects and
the future of the area. Mayor Friess advised he would
be willing to meet with the Coalition and staff would
review the request and make a recommendation.
There being no further response, Mayor Friess closed the
Hearing with the right to re -open at any time.
Continuation of Public Hearing:
There was a consensus of Council to continue the Public
Hearing to the meeting of June 24, 1986.
RECESS AND RECONVENE
Council recessed at 9:05 p.m., and reconvened at 9:12 p.m.
Council recessed at 9:12 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:27 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
PUBLIC HEARING WITH COMMUNITY
Written Communications:
Report dated June 17, 1986, from the Director of Community
Planning and Development, forwarding a resolution consenting
to a joint public hearing with the Community Redevelopment
Agency on Redevelopment Plan Amendment 86-1, pursuant to
Community Redevelopment Law.
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4'70
Joint Public Hearing:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 86-6-17-5, PROPOSED REDEVELOPMENT PLAN
AMENDMENT 86-1 JOINT PUBLIC HEARING - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONSENTING TO A JOINT PUBLIC HEARING ON
PROPOSED REDEVELOPMENT PLAN AMENDMENT 86-1 FOR THE SAN
JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AND
AUTHORIZING PUBLICATION AND MAILING OF NOTICE OF JOINT
PUBLIC HEARING
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
The Resolution set a joint public hearing for the meeting of
August 5, 1986, at 7:00 p.m., in the City Council Chamber.
The City Clerk was directed to publish and mail notice of
the joint public hearing.
2. AUTHORIZING APPLICATION FOR SECTION 9 URBAN MASS
TRANSPORTATION ACT GRANT (UMTA) - SANTA FE RAILR
Written Communications:
Report dated June 17, 1986, from the Assistant to the City
Manager, advising that the railroad track and bridge
relocation project submitted by the City had been approved
for funding, and forwarding a Resolution supporting the
filing of a grant application. The project will replace the
68 -year-old railroad bridge over San Juan Creek and will
relocate 3,343 feet of track from a curvature situation to a
straight line adjacent to the flood control channel. The
project is expected to cost $2.7 million. Orange County has
allocated $1.8 million for the project, with the balance of
the funds, $900,000, budgeted by Caltrans. City costs will
be primarily in staff time to administer the grant and work
out land exchanges.
Authorizing Filing of Application:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
-14-
6/17/86
RESOLUTION NO. 86-6-17-6, AUTHORIZING FILING OF 4 71
APPLICATION FOR GRANT - URBAN MASS TRANSPORTATION ACT
OF 1964, AS AMENDED - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA,
FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF
1964, AS AMENDED
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
The Resolution authorized the City Manager to execute all
documents on behalf of the City.
CITY ATTORNEY
1. RESOLUTION SETTING FORTH FINDINGS (ROTHENBERG) (323.21)
Written Communications:
Report dated June 17, 1986, from the City Attorney,
forwarding a resolution making appropriate findings in
conjunction with Zone Variance Application 86-6, pursuant to
Council direction of June 3, 1986.
Continuation of Approval:
Due to the absence of Councilmen Schwartze and Bland, this
item was continued to the meeting of July 1, 1986.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. CREATION OF ECONOMIC DEVELOPMENT COMMISSION (141.2)
Written Communications:
Report dated June 17, 1986, from the Director of Community
Planning and Development, recommending formation of an
Economic Development Commission to carry out the promotion,
research, and selection of high-quality development. The
membership will consist of five members; two who are
residents and/or business owners in San Juan Capistrano; two
who are top level business people with strong business
expertise and contacts within the field of real estate
development; one Planning Commissioner; and, the Community
Redevelopment Agency Chairman and City Manager as ex -officio
non-voting members. The Commission will meet quarterly,
with compensation set at $25 per meeting.
The Community Development Administrator made an oral report
and noted that Section 2-2.1002(a) should be corrected to
read: "Four members. . ."
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'/. Establishment of Economic Development Commission:
N The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Buchheim that the
following Ordinance be introduced as amended:
ESTABLISHING AN ECONOMIC DEVELOPMENT COMMISSION - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, y
CALIFORNIA, ESTABLISHING AN ECONOMIC DEVELOPMENT
COMMISSION BY ADDING ARTICLE 10 "ECONOMIC DEVELOPMENT
COMMISSION" TO CHAPTER 2 "COMMISSIONS AND BOARDS" OF
TITLE 2 "ADMINISTRATION" OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
Staff was directed to begin recruitment of potential
Commissioners for Council consideration.
2. ANNEXATION AND SPHERE OF
Written Communications:
Report dated June 17, 1986, from the Director of Community
Planning and Development, advising that the Great Western
parcel, located at the southern City boundary, is not now
within the City's sphere of influence, and forwarding a
resolution formally requesting the Local Agency Formation
Commission to expand the City's sphere of influence so that
the Great Western annexation can be considered.
Expansion of Sphere of Influence:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 86
OF INFLUENCE - GREAT
WhbThKN YKUPERTY - A KZ6ULU"r-LV1v Ur inn %-i11 � VUiv� Uc
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING
EXPANSION OF ITS SPHERE OF INFLUENCE
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
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3. PLANNING COMMISSION RECOMMENDATIONS - SERVICE 4 73
Written Communications:
Report dated June 17, 1986, from the Director of Community
Planning and Development, advising that a number of requests
from service station owners had been reviewed and processed
for conversion of service bays to mini -markets. The report
advised that the Planning Commission expressed concern
regarding potential impacts and requested initiation of a
zoning study to establish design standards and regulations
for such uses.
The City Planner made an oral presentation. Councilman
Hausdorfer stated support for the study, but cited
opposition to conversion of service station bays to
mini -markets, stating they violated the spirit and intent of
the General Plan.
Moratorium on Mini -Market Approvals:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Buchheim that the
following Ordinance be adopted:
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A MORATORIUM
ON MINI -MARKET APPROVALS WITHIN THE CITY
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
The Ordinance imposed a moratorium on the processing of any
mini -market approvals within the City during the period of
the zoning study, with the exception of any parcel which had
received approval to develop a mini -market prior to the
effective date of this Ordinance. The Ordinance took effect
immediately and will remain in effect for a period of 45
days, or until August 1, 1986.
DIRECTOR OF PUBLIC WORKS
1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - INSURANCE
REQUIREMENTS FOR OVERLOAD VEHICLES (INTRODUCTION) (418.1)
Written Communications:
Report dated June 17, 1986, from the Director of Public
Works, recommending deletion of the bonding requirement and
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MW r
amendment of the insurance requirements for overload vehicle
permits to provide flexibility in dealing with the changing
insurance climate. The amendment will require the applicant
to provide an insurance certificate for liability insurance,
with the City named as an additional insured, in an amount
to be approved by the Office of the City Attorney.
Truck Overload Insurance Requirements:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer that the
following Ordinance be introduced:
TO TITLE 4 OF THE MUNICI
.:nrm warn ra r.ra nrrr r. r+r. r.wrmn _
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 4-6.912 RELATING TO TRUCK OVERLOAD INSURANCE
REQUIREMENTS OF TITLE 4 "PUBLIC SAFETY" OF THE
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
2. AMENDMENT TO TITLE 5 OF
- PROHIBITION OF
Written Communications:
Report dated June 17, 1986, from the Director of Public
Works, setting forth the City's current graffiti removal
program and forwarding an ordinance which prohibits graffiti
by law and legally establishes a procedure which authorizes
City personnel to remove graffiti from private property.
Prohibiting Graffiti:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Buchheim that the
following Ordinance be introduced:
THE MUNICIPAL CODE -
PROHIBITED - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING MUNICIPAL CODE SECTION
5-13.02 ENTITLED "GRAFFITI PROHIBITED" TO CHAPTER 13,
"TRESPASSING," OF TITLE 5, "PUBLIC WELFARE"
The motion carried by the following vote:
own
6/17/86
4'7r�
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
3. RESOLUTION OF INTENT TO VACATE A PORTION OF VIA SERRA
(321.1)
Written Communications:
Report dated June 17, 1986, from the Director of Public
Works, advising that the current owner of property on each
side of Via Serra had requested the City to vacate the part
of the Via Serra cul-de-sac within the City. The vacation
was reviewed and approved by the Environmental Review Board
and the Planning Commission for the Capistrano Storage
Project Architectural Control 85-5.
Intent to Vacate Portion of Via Serra:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
Vila .5rANA — H i(rbuilU Tlun Ur Trirs U1TY uuurgk_1L Ur" Tnz
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS
INTENT TO VACATE A PORTION OF VIA SERRA
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
The Resolution set a hearing date of July 15, 1986, at
7:00 p.m., in the City Council Chamber.
4. PARTICIPATION IN LOCAL JURISDICTION INCENTIVE PROGRAM,
EARTHQUAKE PREPAREDNESS (SCEPP) (603.4)
Written Communications:
Report dated June 17, 1986, from the Director of Public
Works, advising that the Southern California Earthquake
Preparedness Project was funding local demonstration
projects which met specific criteria, including
identification and education of vulnerable populations,
specifically senior citizens and people with disabilities.
The report advised that studies have shown that mobile homes
perform poorly in an earthquake; therefore, the City has a
highly vulnerable population. Development of self-help
public education materials in the form of a five-minute
video tape and accompanying booklet geared toward senior
-19- 6/17/86
4'76
citizens and those with disabilities was recommended for
demonstration project funding submittal. The grant requires
matching commitments of local resources, including
dollar -for -dollar and/or in-kind contributions. The project
would result in a net direct one-time "new" cost of
approximately $4,000; monies were budgeted in Account No.
01-4410-213. The report further advised that Fox and
Associates, a firm currently working with the City on
emergency planning matters, would hire Heidi Kramer, of
Emergency Planning Associates, to be the local liaison for
the project.
Heidi Kramer, a resident of Village San Juan, addressed
Council in support of the program.
0
Incentive Program:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the submission
of the application and the City's participation in the Local
Jurisdiction Incentive Program - Earthquake
Safety/Preparedness (SCEPP), and to authorize the City
Manager to enter into a contract with the State on behalf of
the City should the grant be awarded to the City.
5. DEFAULT OF XEROSYSTEMS - WATER SAVI
I AAC "I 11 AAC 11
Written Communications:
Report dated June 17, 1986, from the Director of Public
Works, advising that in January, 1986, the City entered into
an agreement with Xerosystems, Inc., for water conservation
services. The company failed to install all of the required
equipment and the City was informed that Xerosystems had
assigned all its rights and obligations to the underlying
contract a Mr. Herbert Stileau. Mr. Stileau requested that
the City terminate the contract and authorize release of the
letter of credit posted with the City to provide insurance
against damages. The report advised that the City Attorney
recommended that the letter of credit be released since the
City had not sustained any damages.
Termination of Contract:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted: —
RESOLUTION NO. 86-6-17-9, DECLARING DEFAULT AND
mnnT./TTTTm TITTT ITL+ DCD4IlDMTTT/T 1. nV nnT_TrAMTnNM - WAMPP
A RESOLUTION OF THE CITY CUUNCIL OF 771E UITY UrsAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT AND
TERMINATION OF PERFORMANCE OF OBLIGATIONS OF WATER
CONSERVATION EQUIPMENT AGREEMENT (XEROSYSTEMS, INC.)
-20-
6/17/86
The motion carried by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
ABSENT: Councilmen Schwartze and Bland
DIRECTOR OF COMMUNITY SERVICES
1.
47`7
Written Communications:
Report dated June 17, 1986, from the Director of Community
Services, forwarding a contract to extend the Dial -a -Van
Transportation Services for a one-year period beginning
July 1, 1986, and ending June 30, 1987. The City has
contracted with the San Clemente Seniors Inc., for the
service since April 1, 1983. The contract required a cash
payment of $5,610. An in-kind match was no longer
necessary.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the Agreement
with San Clemente Seniors, Inc., for Dial -a -Van
Transportation Services for the senior citizens and
handicapped population in the City for a one-year period
beginning July 1, 1986, and ending June 30, 1987. A cash
payment in the amount of $5,610 was approved; the Mayor and
City Clerk were authorized to execute the Agreement on
behalf of the City.
COUNCILMANIC ITEMS
1. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (130.1)
This item was held over from the meeting of June 3, 1986.
Written Communications:
Report dated June 3, 1986, and resubmitted June 17, 1986,
forwarding a list of current Commission and Board
appointees.
Continuation of Item:
There was a consensus of Council to continue the item to the
meeting of July 1, 1986, for consideration by all Council
Members.
COUNCIL REMARKS
1. CITY COUNCIL MINUTES REGARDING AROSA PROJECT (316.1)
Councilman Hausdorfer noted receipt of a letter dated
June 13, 1986, from John Kocmur, regarding a statement in
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4 78 the Minutes of the Council meeting of November 5, 1985,
during the Public Hearing to consider extending the Arosa
project tentative maps. Staff was directed to review the
matter.
2. FILMING AT SWALLOWS INN (115.2)
Councilman Hausdorfer advised that he had represented the
City at the Swallows Inn where a Clint Eastwood movie was
being filmed.
CLOSED SESSION
Council recessed to a Closed Session at 9:46 p.m., for discussion
of legal matters and pending litigation pursuant to Government
Code Section 54956.9(c), the Deputy City Clerk being excused
therefrom, and reconvened at 11:00 p.m.
ADJOURNMENT
There being no
was adjourned
Tuesday, June
Dance Hall.
ATTEST:
further business before the Council, the meeting
at 11:00 p.m., to the next meeting date of
24, 1986, at 7:00 p.m., in the San Juan Hot Springs
KENNETH E. FRIESS, MAYO
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
By L eryl Jn o , Deputy Ci Clerk/
Recording Secretary
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