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86-0701_CC_Minutes_Regular MeetingJULY 1, 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 7:10 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Lee Nelson, Chairman of Baha'i Faith Local Spiritual Assembly of San Juan Capistrano. DEDICAT TO ERIC OWEN With the concurrence of Council, Mayor Friess dedicated the meeting to the memories of Eric Owen and Duke Folkers. ROLL CALL PRESENT: Kenneth E. Friess, Mayor Gary L. Hausdorfer, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker, Director of Community Services; Mary Carlson, Deputy City Clerk. MTNTTTES Regular Meeting of June 3, 1986: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of June 3, 1986, be approved as submitted. The motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmen Schwartze, Bland, and Buchheim, I-r=I- None I — None Councilman Hausdorfer and Mayor Friess -1- 7/1/86 U0 1 Regular Meeting of June 17, 1986: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of June 17, 1986, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None ABSTAIN: Councilmen Bland and Schwartze Adjourned Regular Meeting of June 24, 1986: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of June 24, 1986, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Friess NOES: None ABSENT: None ABSTAIN: Councilman Hausdorfer MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1 PRESENTATION OF PERPETUAL TROPHY SOFTBALL GAME) (105.4) OF COMMERCE/CITY Written Communications: Report dated July 1, 1986, from the Director of Community Services, advising that the City had defeated the Chamber of Commerce Team by a score of 13 to 12 at the annual softball game held at Cook Park (Cordova Athletic Fields) on June 1, 1986, and was eligible to receive the perpetual trophy. -2- 7/1/86 Joe Quintana, Coach of the Chamber of Commerce softball team, was in attendance to present the trophy. Jack Galaviz, Lead Maintenance Worker, who was responsible for the winning run, received the trophy on behalf of the City. 2. PRESENTATION OF COMMENDATION (SALLY POLLAK) (114.1) Written Communications: Report dated June 26, 1986, from Jennifer Williams, Administrative Assistant, forwarding a commendation, as requested by the Cultural Arts and Heritage Commission, for Sally Pollak in recognition of her generous contributions of artwork to the City of San Juan Capistrano. Presentation of Commendation: Mayor Friess read the Commendation in full and with the concurrence of Council presented the Commendation Plaque to Sally Pollak. CONSENT CALENDAR It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (202.2) The List of Demands dated June 18, 1986, Warrant Register No. 86-122, in the total amount of $302,904.22, was approved as submitted. 2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20) The City Treasurer's Report of Fund Cash Balances as of April 30, 1986, in the total amount of $228,474.91, was approved as submitted. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4) The Report dated July 1, 1986, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of June 16, 1986, was ordered received and filed. -3- 7/1/86 4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (133.4) The Report dated July 1, 1986, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of June 12, 1986, was ordered received and filed. _ 5. REPORT OF PLANNING COMMISSION ACTIONS (140.4) The Report dated July 1, 1986, from the Director of Community Planning and Development, regarding the actions taken by the Planning Commission at their meeting of June 24, 1986, was ordered received and filed. 6. AWARD OF CONTRACT - CITY YARD PAVING (302.11 As set forth in the report dated July 1, 1986, from the Director of Public Works, the contract for City Yard Paving was awarded to the low responsible bidder, Husby Construction, of San Juan Capistrano, in the amount of $32,830.00; all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. Participation in the overall yard improvements is expected by the Capistrano Valley Water District in the amount of $58,000 as their participative share. Staff is continuing to work with the District in order to develop a cooperative agreement for use of the facilities. 7. CITY SEWERLINE MAINTENANCE CONTRACT EXTENSION (POWA-ROOTER SEWER AND DRAIN SERVICE, INC.) (406.433) As set forth in the report dated July 1, 1986, from the Director of Public Works, the contract with Powa-Rooter, Inc., was renewed, as requested by the contractor, at $.09 per lineal foot for one additional year, from June 30, 1986, through June 30, 1987. 8. APPEAL OF PLANNING COMMISSION ACTION - ZONE VARIANCE 86-4 (ZELLNER COMMUNITIES, INC.) (323.2) As set forth in the report dated July 1, 1986, from the City Clerk, the Public Hearing regarding the appeal filed by D. ^ G. Zellner, President, Zellner Communities, Inc. of the decision made by the Planning Commission on May 27, 1986, in conjunction with Zone Variance 86-4, was set for Tuesday, July 15, 1986. 9. APPEAL OF ZONING ADMINISTRATOR ACTION - ZONE VARIANCE 86-9 (BRAITHWAITE) (323.2) As set forth in the report dated July 1, 1986, from the City Clerk, the Public Hearing regarding the appeal filed by Mr. -4- 7/1/86 and Mrs. George Braithwaite of the decision made by the Zoning Administrator on June 12, 1986, in conjunction with Zone Variance 86-9, was set for Tuesday, July 15, 1986. 10. CABLE TELEVISION TECHNICAL STANDARDS (417.3) As set forth in the report dated July 1, 1986, the City has contracted with CommuniCable Consultants to conduct a technical survey of the cable television system operated by Times Mirror. The consultant, staff, and Times Mirror have negotiated a mutually acceptable set of technical specifications. The franchise states the City may adopt rules, regulations, and standards as it deems necessary for the conduct of the cable television system. This requires a resolution of intention and a public hearing. Intention to Set a Public Hearing: The following Resolution was adopted: RESOLUTION NO. 86-7-1-1 , TECHNICAL STANDARDS FOR CABLE TF.T.P..VTRTOM - TNTF.NTTON TO ESTABLISH AND TO SET PUBLIC HEARINGS - A RESOLUTION OF THE CITY COUNCIL OF THE C OF SAN JUAN CAPISTRANO, CALIFORNIA, STATING ITS INTENTION TO ESTABLISH TECHNICAL STANDARDS AND SPECIFICATIONS FOR OPERATING AND TESTING THE CABLE TELEVISION SYSTEM The Resolution set a Public Hearing for July 15, 1986, at 7:00 P.M. in the City Council Chamber. 11. CHANGE - EXTENSION OF TIME - LA As set forth in the report dated July 1, 1986, from the Director of Public Works, Change Order #2 for an extension of 20 working days requested by Husby Construction, the contractor for the Vereda Bikeway, was approved. PUBLIC HEARINGS 1. GENERAL 2. ZONE CHANGE 85-2, and This Public Hearing was continued from the meeting of June 17, 1986, at the request of the applicant. Written Communications: Report dated July 1, 1986, from the Director of Community Planning and Development, indicating the applicant is in the process of investigating alternatives to the site plan and had requested a continuance of the Hearing. -5- 7/1/86 Continuance of Public Hearing: With the consensus of Council, Public Hearing to the meeting by applicant. Mayor Friess continued the of July 15, 1986, as requested 2. REZONE 85-5, SPECIFIC DEVELOPMENT PLAN This Public Hearing was continued from the meeting of June 3, 1986. Proposal: Consideration of a development plan which includes four three-story buildings encompassing approximately 163,380 square feet of office area, with on-site parking. Applicant: Nu -West, Incorporated, 1855 West Katella Avenue, Suite 380, Orange, 92667. Written Communications: (1) Report dated July 1, 1986, from the Director of Community Planning and Development, forwarding the Planning Commission recommendation of denial and staff findings. Staff recommended that Council certify the draft Environmental Impact Report, noting inclusion of the revised sections regarding traffic and aesthetics, comments and responses, and the staff reports of June 10 and 24, 1986. Staff also recommended approval of Rezone 85-5 as revised per Plan 2, incorporating the noted mitigation measures included in the draft Environmental Impact Report with the exception of height mitigation for Buildings A and B and indicating the changes incorporated in Plan 2 are a significant improvement over the previous submittal. (2) Letter from Richard W. Baker, 29261 Country Hills Road, San Juan Capistrano, opposing the three story buildings, the size of the project, and the generation of more traffic. (3) Memo from the Secretary to the City Manager indicating that the following had telephoned to let Council know of their opposition to the Nu -West project as proposed: Marti Gangnes, 29311 Spotted Bull Way Bob Messersmith, 29301 Spotted Bull Way Mrs. Grant, 30161 Outpost Road Randy Clark, 29341 Spotted Bull Way Bill Gardner, 30231 Silver Spur Exhibits were on display and Tom Merrell, Director of Community Planning and Development, and Tom Tomlinson, City Planner, made oral presentations discussing the history of -6- 7/1/86 491 the property, height requirements and exceptions of the City's General Plan and Zoning regulations, the importance of preserving the knoll, the Planning Commission recommendation, and the components of Plan 2. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following person responded in support of the proposal: (1) Mike Poltl, representing Nu -West, indicated he felt Nu -West had done a good job of dealing with the City's concerns, that the costs of lowering the project another ten feet would be prohibitive, and asked the City Council to approve three story buildings. The following persons responded in opposition to the proposal: (1) Anita Burkette, 29520 Spotted Bull Lane, expressed concerns regarding disruption during construction and traffic congestion at the high school. (2) Wilford Gower representing Mission Hills Ranch Homeowners Association, 26881 Canyon Crest, presented a petition with 20 signatures and expressed concerns regarding traffic and congestion. (3) Joan Lagarza representing Village San Juan Homeowners Association, 29304 Edgewood, presented petitions with 405 signatures and expressed concerns regarding height limitations, lack of alternative uses for the property, and traffic. (4) Belinda Blacketer, attorney for residents of Spotted Bull, 1550 South Coast Highway, Suite 205, Laguna Beach, presented the following documents: (a) Planning Commission actions of June 10, 1986. (b) May 19, 1986, letter from M. Storm, Director, Orange County Environmental Management Agency, regarding Nu -West Office Complex Draft EIR. (c) March 24, 1986, letter to Tom Merrell from Belinda Blacketer. (d) Bathgate EIR. (5) Henry Korella, 26301 Wildwood Lane, opposed the height of the project. -7- 7/1/86 492 (6) Bob King, 29422 Spotted Bull Lane, presented petitions with 25 signatures and expressed concerns regarding the height of the buildings, the scope of the project, the precedent setting effects which would result if the project is approved, the fact that the homeowners were not asked what they wanted, the fact that the Councilmen campaigned on the basis of limited growth, and that reduction of the project by 30% would make it acceptable. (7) Randy Clark, 29341 Spotted Bull Way, expressed opposition because of the density and scope of the project, loss of views for fellow residents, and traffic congestion. If the project could be reduced by one third, it would be acceptable. (8) Marjorie Baumgartner, 26852 Canyon Crest Road, presented a petition with four signatures and expressed concerns with San Juan Capistrano losing its present character and with traffic. (9) Robert Foresman representing Malispina Homeowners Association, 26902 Paseo Cardero, endorsed the comments made previously. (10) Russell Burkett, 29520 Spotted Bull Lane, presented a list of neighborhood objectives including density, protection of topography, tree preservation, views and view corridors, respect for the existing private uses, and traffic mitigation measures. (11) Joline Kohn, 29242 Country Hills Road, took exception to staff's recommendation of approval for the project on the grounds that the economics of the developer were given priority and the project is not consistent with the goals for the City. There being no further response, Mayor Friess closed the Public Hearing with the right to re -open at any time. Council Discussion: Councilman Hausdorfer advised that the purpose of an EIR is to identify problems and that the EIR was adequate. The City Attorney indicated the EIR was within legal parameters regarding a statement of overriding considerations. Certification of Draft Environmental Impact Report: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the following Resolution be adopted: -1-2. FINDINGS REGARDING T - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF am 7/1/86 MIX SAN JUAN CAPISTRANO, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS OF REZONE 85-5 AND CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT REPORT (NU -WEST, INC.) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None Council Discussion: Council discussed concerns with traffic impacts, density, height of buildings, and Planning Commission recommendations. Councilman Hausdorfer submitted the following conditions for inclusion in the Ordinance, and Council concurred: 1. Building "B" should be only two stories thereby reducing its height by approximately ten feet. 2. The number of parking spaces shall conform to the provisions of the Municipal Code including a minimum width of 9h feet. 3. The northerly knoll shall be preserved as shown on the site/grading plan referenced as plan 2. 4. The project shall provide two entrances along the frontage of the site as shown on plan 2. 5. The landscape plan should incorporate a berm with landscape planting adjacent to Rancho Viejo Road. 6. The developer should signalize the intersection of Via Escolar and Rancho Viejo Road prior to the issuance of grading permits. Furthermore, the developer shall widen Rancho Viejo Road along it project frontage. 7. The developer should prepare a construction phasing program that includes a schedule for all on-site construction, including grading, landscaping, building and on-site improvements. This phasing plan is to be reviewed and approved by the City Council. 8. Boundary landscaping including additional trees and shrubs of varying heights along the easterly boundary with particular attention to species to insure the views from Country Hills Estates are not obstructed. 9. The building footprint as shown on the preliminary grading plan referenced as plan 2 shall be considered precise. 10. The grading concept shall be consistent with that referenced as plan 2. Finished pad elevations shall not exceed that shown on the preliminary grading plan for plan 2. Amendment of Official Zoning Map: 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 Bland, seconded by Councilman Hausdorfer, that the following -9- 7/1/86 Ordinance be introduced as amended to adopt the Building Height Envelope establishing the maximum building height as measured from sea level for all buildings as recommended by the Planning Commission is as follows: Buildings A and B 295 feet Building C 292.5 feet Building D 249.5 feet REZONE 85-5 (NU WEST, INC.) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 525 BY APPROVING THE ZONING OF ASSESSOR'S PARCELS NOS. 650-011-18 AND 650-011-26 FROM PD (PLANNED DEVELOPMENT) TO PD(SDP 86-2) (PLANNED DEVELOPMENT, SPECIFIC DEVELOPMENT PLAN 86-2) (NU -WEST, INC.) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Hausdorfer NOES: Mayor Friess and Councilman Schwartze ABSENT: None 3. JOINT PUBLIC HEARING - 1986-91 FI Proposal: Review and adoption of the 1986-91 fiscal budget for the City; approval of allocations to community organizations; and, allocation of revenue sharing funds. Written Communications: Report dated July 1, 1986, from the City Manager, advising that the proposed budget was balanced based on current projections of revenues and expenditures and noting that the Capital Improvement Program had been modified to reflect changes in the schedule of implementation of various improvements to Del Obispo Street. The City Manager made an oral presentation advising that the budget documents reflected the direction given by Council. 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. Adoption of 1986-91 Fiscal Budget: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the following Resolution be adopted: -10- 7/1/86 -1- pal 1986-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A FIVE-YEAR FISCAL PROGRAM AND BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None The Resolution set forth the following authorized expenditures: Year Ending June 30 Authorized Expenditures 1987 $13,298,300 1988 $13,207,700 1989 $13,262,900 1990 $15,132,600 1991 $11,747,500 RECESS AND RECONVENE Council recessed at 10:15 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 10:20 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. STATUS REPORT, CAPISTRANO BEACH ANNEXATION (401.2 Written communications: Report dated July 1, 1986, from the City Manager, indicating that staff has been meeting with members of the Capistrano Beach Community Association regarding the possibility of annexation, that staff has neither encouraged or discouraged annexation, and that we have been advised by letter that the association is tabling the concept of annexation to San Juan Capistrano. Staff Directed to Cease Studying Annexation: It was moved by Councilman Bland, seconded by Councilman Hausdorfer, and unanimously carried to direct staff to cease studying the issues related to the annexation of Capistrano Beach to the City of San Juan Capistrano, until there is a more formal direction from the residents of Capistrano Beach. -11- 7/1/86 CITY ATTORNEY 1. ZONE VARIANCE 86-6 (ROTHENBERG) (323.2) 2. Written Communications: Report dated July 1, 1986, from the City Attorney, forwarding a Resolution to approve Variance Application 86-6, to allow the construction of prefabricated horse stalls on an equestrian easement at the rear of the property located at 33512 Valle Road. Approval of Zone Variance Application 86-6: it was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the following Resolution be adopted: RESOLUTION NO. 86-7-1-4, APPROVING ZONE VARIANCE 86-6 (ROTHENBERG) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ZONE VARIANCE APPLICATION 86-6 (ROTHENBURG) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, and Buchheim, NOES: None ABSENT: None ABSTAIN: Councilmen Hausdorfer and Mayor Friess Written Communications: Report dated July 1, 1986, from the City Attorney, forwarding an Extension Agreement between the City, Developers Insurance Company, and the Capistrano Valley Water District for completion of the improvements for the Goeden Subdivision. The report advised that the reason for the extension has to do with the inability of Southern California Gas & Electric to obtain an easement to install underground cable lines on the common area lot fronting Rancho Viejo Road, since title to the common area lot is still held by Goeden and under the control of the bankruptcy trustee. Approval of Extension Agreement: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried to approve the Extension Agreement between the City, Developers Insurance Company, and the Capistrano Valley Water District. The Agreement provides for an extension of time to December 31, 1986. -12- 7/1/86 497 DIRECTOR OF PUBLIC WORKS 1. STREET VACATION, TRACT 10593, PEPPERTREE BEND (321.1) Written Communications: Report dated July 1, 1986, from the Director of Public Works, advising that the homeowners of Bear Brand Ranch Community (Tract 10593) have requested a vacation of Peppertree Bend and portions of Calle Aspero and Calle Recardo for creation of a private, gated community and forwarding proposed actions to facilitate the street abandonment and permit the Peppertree Bend Association to install a gate guarded community. Authorization to Proceed with Vacation Process: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze, and unanimously carried to authorize staff to proceed with the Peppertree Bend vacation process. 2. ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM REQUALIFICATION - Written Communications: Report dated July 1, 1986, from the Director of Public Works, advising that all cities participating in the Orange County Arterial Highway Financing Program (AHFP) must requalify for the program on an annual basis. The report advised that the City and County are in substantial conformity to each other and that only minor classification discrepancies exist between the two agencies as related to the designation of La Novia Avenue from Ortega Highway to San Juan Creek Road, Camino Las Ramblas from Interstate Route 5 to Via California, Camino Los Padres, and Ortega Highway from La Novia Avenue to the easterly City boundary. The City and County have been working toward mitigating these minor discrepancies. Request for Annual AHFP Requalification: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, that the following Resolution be adopted: RESOLUTION NO. 86-7-1-5, ARTERIAL HIGHWAY FINANCING PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING ANNUAL REQUALIFICATION FOR PARTICIPATION IN THE COUNTY'S ARTERIAL HIGHWAY FINANCING PROGRAM The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None -13- 7/1/86 SAN DIEGO PIPELINE PROJECT (SAN DIEGO PIPELINE COMPANY) (1000.1) Written Communications: (1) Report dated July 1, 1986, from the Director of Public Works advising that since becoming aware in November, 1985, of the construction of a gasoline pipeline crossing San Juan Creek, staff had been active in conducting an analysis of the construction and disseminating information to all affected agencies, and forwarding a "Pipeline Reconnaissance Report at San Juan Creek" from the San Diego Pipeline Company. (2) Report dated July 1, 1986, from the City Attorney, providing a legal overview of the several legal concerns the City has had with regard to San Diego Pipeline Company's construction of a 16 -inch gasoline line within the city limits. Oral Communications: (1) Bill Griffith, Developer expressed concerns about asked for assistance in from San Diego Pipeline. (2) Joseph Whitelaw, Manager Diego Pipeline Company, pipeline would allow for contact with staff. for the Lacouague property, the depth of the pipeline and obtaining a Right -of -Way Plan of Construction for the San indicated the design of the riprap and that he would be in Receipt of Reports, Letters Authorized: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, and carried unanimously that the reports be received and filed, that the Mayor be authorized to direct a letter strongly indicating the company should develop a process to work more closely with local jurisdictions, and the City Manager be authorized to transmit copies of the reports to Senator Bergeson and request her participation in legislation to mandate notice to local authorities on construction of this type. ORDINANCES 1. REZONE 86-3 (LACOUAGUE/RIVENDELL) (318.5) Written Communications: Report dated July 1, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of June 17, 1986, and was scheduled for adoption. -14- 7/1/86 Adoption of Ordinance: 499 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 Bland, seconded by Councilman Schwartze, that the following Ordinance be adopted: ORDINANCE NO. 575, 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) (LACOUAGUE/ RIVENDELL) The motion carried by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None ABSTAIN: Councilmen Schwartze and Bland 2. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - TRUCK OVERLOAD INSURANCE REQUIREMENTS (418.1) Written Communications: Report dated July 1, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of June 17, 1986, and was scheduled for adoption. Adoption of the 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 Buchheim, that the following Ordinance be adopted: ORDINANCE NO. 576, AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - TRUCK OVERLOAD INSURANCE REQUIREMENTS - AN ORDINANCE OF THE 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 Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None -15- 7/1/86 500 3. AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE - GRAFFITI nn�vrnrmon IA10 11 Written Communications: Report dated July 1, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of June 17, 1986, and was scheduled for adoption. i 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 Buchheim, seconded by Councilman Hausdorfer, that the following Ordinance be adopted: ORDINANCE NO. 577, AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE GRAFFITI 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: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None 4. ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT COMMISSION (141.2) Written Communications: Report dated July 1, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of June 17, 1986, 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 Schwartze, seconded by Councilman Buchheim, that the following Ordinance be adopted: ORDINANCE NO. 578, ESTABLISHING AN ECONOMIC DEVELOPMENT COMMISSION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, 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 -16- 7/1/86 501 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None COUNCILMANIC ITEMS 1. ACCEPTANCE OF RESIGNATION, EQUESTRIAN COMMISSION (135.2) It was moved by Councilman Buchheim, seconded by Councilman Schwartze, and unanimously carried to accept the resignation of Joanne Martinsen from the Equestrian Commission and to declare the office vacant. The City Clerk was directed to post Notice and prepare press releases. 2. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (130.1 This item was continued from the meeting of June 17, 1986. Written Communications: Report dated June 3, 1986, resubmitted June 17, 1986, and resubmitted July 1, 1986, forwarding a list of current appointments and active applications currently on file for each commission and board. Re-a000intment of Commission and Board Members: It was moved by Councilman Bland, seconded by Councilman Hausdorfer, and unanimously carried to re -appoint all commissioners with the exception of the Cultural Arts and Heritage Commission and the Planning Commission. COUNCIL REMARKS 1. MEMORIAL (FOLKERS) (114.4 Councilman Hausdorfer noted the contributions to the community made by Duke Folkers and requested consideration of a memorial to Mr. Folkers. 2. COMMENDATIONS (KINOSHITA) (114.1) It was moved by Councilman Bland, seconded by Councilman Hausdorfer, to adopt the following Resolution: -17- 7/1/86 502 RESOLUTION NO. 86-7-1-6 - COMMENDING SHIGERU KINOSHITA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING SHIGERU KINOSHITA FOR VOLUNTEER SERVICES TO THE COMMUNITY. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None The Resolution will be presented to Mr. Kinoshita at a ceremony honoring him for his years of service to the Boy Scouts of America. Y11031i161IRKW" There being no further business before the Council, the meeting was adjourned at 10:49 p.m., to the next regular meeting date of Tuesday, July 15, 1986, at 7:00 p.m., in the City Council Chamber. ATTEST: 44 ENN H E. FRIESS, M7gOR ARY L. HAUSDORFE MAYOR PRO TEMPORE Respectfully submitted, i -18- 7/1/86