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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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:
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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.
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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.
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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
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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.
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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
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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
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7/1/86
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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:
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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
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