84-0207_CC_Minutes_Regular Meeting1
February 7, 1984
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 Bland at
7:06 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Michael
Carlisle, Capistrano Valley Baptist Church.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Robert G. Boone,
Director of Administrative Services; William D. Murphy, Director
of Public Works; Tom Tomlinson, Senior Planner; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson,
Recording Secretary.
MTNTTTES
Regular Meeting of January 17, 1984:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of January 17,
1984, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
Adjourned Regular Meeting of January 20, 1984:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess that the Minutes of the Adjourned Regular Meeting of
January 20, 1984, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
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MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - ENGINEERS' WEEK, FEBRUARY 19-25, 1984
(71) Written Communications:
Report dated February 7, 1984, from the City Clerk,
forwarding a Proclamation to acknowledge individuals who
provide vital public engineering services to local
communities.
Engineers' Week:
With the concurrence of Council, Mayor Bland proclaimed the
week of February 19, 1984, through February 25, 1984, as
"Engineers' Week."
ORAL COMMUNICATIONS
1.
(72) Gus Owen, 31401 Aguacate Road, requested Planning Commission
(62) review of an equestrian facility proposed by Mr. Jimmy Kohn
on a 5 -acre parcel in the vicinity of Aguacate Private Drive
and Sacarama Lane. He stated that the proposal fits a
commercial use and expressed concern regarding access to the
project. Mr. Owen submitted documentation which included:
(1) a site plan; (2) a letter dated February 6th from Mr.
Owen to Mayor Bland, stating that a commercial business
would be incompatible with the residential neighborhood; (3)
a letter dated December 22, 1983, from Tom Tomlinson, Senior
Planner, to Jimmy Kohn, advising that a conditional use
permit would be necessary if the intent of the project was
to board, keep, breed or train horses; and, (4) a letter
dated February 7th from Dudley Brand, 31585 Sacarama Lane,
to the Council, in opposition to the project.
Referral to Planning Commission:
There was a consensus of Council that the matter be referred
to the Planning Commission for review.
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Dudley Brand, 31585 Sacarama Lane, spoke in opposition to
the project and submitted a letter dated February 7, 1984,
listing legal objections and possible solutions to the
matter.
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 Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 7, 1984, Warrant Register
No. 84-081, in the total amount of $646,917.49, was approved
as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as of
December 31, 1983, was approved as submitted.
3. REPORT OF
ACTIONS
(23) The Report dated February 7, 1984, from the Secretary of the
Cultural Heritage Commission, regarding actions taken at the
meeting of January 26, 1984, was ordered received and filed.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JANUARY 23, 1984
(23) The Report dated February 7, 1984, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of January 23, 1984, was ordered received and filed.
5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS OF
T ar wT11M nv 1C 1n0A
(62) The Report dated February 7, 1984, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of January 16, 1984, was ordered received and
filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
OF JANUARY 22 AND JANUARY 25, 1984
(23) The Report dated February 7, 1984, from the Secretary of the
Traffic and Transportation Commission, regarding actions
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A «�
taken at the meetings of January 11 and 25, 1984, was
ordered received and filed.
7. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY,
PARCEL MAP 80-851 (CROW -SAN JUAN RANCH) (38-#366)
(38) As set forth in the report dated February 7, 1984, from the _
(85) Director of Public Works, the public improvements for Parcel
Map 80-851 were completed and accepted by the City
Inspector, with the exception of isolated slope easements
deficient in landscape coverage which will be relandscaped
by the developer.
Acceptance of Work:
The following Resolution was adopted:
UTION NO. 84-2-7-1, COMPLETION OF PUBLIC
vRMT MMQ - DADrRT_ MAD R!1-QS1 /00nT.T-CART TTT
RANCH) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO
BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - PARCEL MAP 80-851
(CROW -SAN JUAN RANCH)
The Resolution accepts the project as complete and directs
the City Clerk to forward the Notice of Completion to the
County Recorder.
Release of Surety:
The following bond from Federal Insurance Company was
extended to February 7, 1985:
Bond Number Amount
Fa thful Performance 8089 5840 1,820,000
Authorization was granted to release the bond following
successful completion of a one-year maintenance period and
completion of all landscaping requirements. The following
bonds from Federal Insurance Company are to be released upon
expiration of 35 days from recordation of the Notice of
Completion:
Monumentation 8089 5841 $ 7,500
Labor and Materials 8089-5840 450,000
8. ACCEPTANCE OF DEED OF TRUST, LOT 20, TRACT 6169, 26391 CALLE
ROBERTO (MULLER) (38-#407)
(38) As set forth in the report dated February 7, 1984, from the
(85) Director of Public Works, the deed of trust from Mr. Stephen
Muller, as a surety for the extension of Alipaz Street and
removal or protection of Mr. Muller's swimming pool as
required in an agreement dated February 1, 1983, was
accepted and the City Clerk was directed to record the
document.
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9. CLAIM AGAINST THE CITY (WISENER)
(35) The Claim in the amount of $4,200.00, filed on October 19,
1983, by the Ohio Casualty Group of Insurance Companies, on
behalf of Charles M. Wisener, for damages allegedly
sustained as a result of a vehicle fire at the west end of
Ramos Street on August 6, 1983, was denied and referred to
the City's Claims Adjuster, Carl Warren Insurance, as set
forth in the report dated February 7, 1984, from the City
Clerk.
10. LIBRARY CONTRACT CHANGE ORDER NO. 21 - MISCELLANEOUS ITEMS
(52) As set forth in the report dated February 7, 1984, from the
Senior Administrative Assistant, Library Contract Change
Order No. 21, for the San Juan Capistrano Library Project,
in the amount of $2,019.96, for miscellaneous items, and a
time extension to October 31, 1984, were approved.
PUBLIC HEARINGS
VEHICLE CODE IN PRIVATE PARKING FACILITIES
(70) Proposal:
Enforcement of the Vehicle Code in the privately -owned Depot
parking lot, due to concerns expressed by the owners about
use of the lot as a "downtown bypass" and safety of
pedestrians.
Applicant:
The Capistrano Depot, 26701 Verdugo Street, San Juan
Capistrano, Jim and Pete Tyson, owners.
Written Communications:
Report dated February 7, 1984, from the Senior
Administrative Assistant, forwarding a request from Jim
Tyson, owner of the Capistrano Depot, for enforcement of the
Vehicle Code and posting of the private parking lot.
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Enforcement of Vehicle Code:
It was moved by CounFiTlman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 84-2-7-2, VEHICLE CODE ENFORCEMENT -
CAPISTRANO DEPOT PARKING FACILITY - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING FOR APPLICATION OF THE CALIFORNIA
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VEHICLE CODE TO THE PRIVATELY -OWNED OFF-STREET PARKING
FACILITY OF THE CAPISTRANO DEPOT
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The City will install the appropriate signs, including 15
mile -per -hour speed limit signs.
2. GROWTH MANAGEMENT RESIDENTIAL ALLOCATION SCHEDULE
(28) Proposal:
Adoption of a Residential Allocation Schedule for the
four-year period 1984-1987, in accordance with Section
9-7.09 of the Municipal Code.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated February 7, 1984, from the Director of
Community Planning and Development, forwarding the Planning
Commission recommendation to approve the Residential
Allocation Schedule for the four-year period.
Public Hearing
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Approval of Residential Allocation Schedule:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze that the following Resolution be
adopted:
RESOLUTION NO. 84-2-7-3, RESIDENTIAL ALLOCATION
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
RESIDENTIAL ALLOCATION SCHEDULE FOR THE YEARS 1984,
1985, 1986, AND 1987 IN ACCORDANCE WITH SECTIONS 9-7.09
AND 9-7.10 OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
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The Resolution adopts the following allocations:
1984 - 400
1985 - 386
1986 - 305
1987 - 300
Methods for Granting Exceptions:
Councilman Hausdorfer stated concerns that a method be
devised to grant exceptions to the Growth Management
Ordinance for projects that have merit and would benefit
residents by adding allocations or redistributing existing
allocations. There was a consensus to direct staff to
consider methods of granting exceptions and to report back
to Council within 45 days to outline measures that might be
taken.
3. TENTATIVE PARCEL MAP 83-864 - PROPOSED AUTO REPAIR AND
RETAIL SERVICE CENTER (SUN -ON ENTERPRISES)
(85) This Public Hearing was continued from the meeting of
January 17, 1984.
Proposal:
Consideration of a parcel map submitted in conjunction with
a proposed auto repair and retail service center, to
subdivide a 3.93 -acre lot located immediately north of
Barwick Datsun on Camino Capistrano, into three parcels.
Parcels 1 and 2 would provide approximately 46,472 square
feet of combined uses, including retail auto parts, office
and service/repair activities; Parcel 3 would provide a
combination 19,200 -square -foot office/warehouse.
Applicant:
M. D. Le Gros, 323 West Court Street, Suite 406, San
Bernardino, 92401.
Property Owner:
Sun -On Enterprises, 12020-A Centpalia Road, Hawaiian
Gardens, 90716.
Written Communications:
Report dated February 7, 1984, from the Director of
Community Planning and Development, forwarding background
information and the Planning Commission recommendation of
approval.
Tom Tomlinson, Senior Planner, advised that the item had
been continued for settlement of escrow on the property;
that escrow had been terminated and Sun -On Enterprises
remained the property owner. He advised that the new
applicant wished to continue the process previously started
and to resubmit plans; that revised plans are to be reviewed
by the Architectural Board of Review and Planning Commission
prior to approval of the Final Map. He noted that approval
of the Tentative Parcel Map had been recommended since no
major revisions were foreseen.
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Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following persons
responded:
(1) Jerry Appleget, project engineer 41010 Tara Lane,
Hemet, 92343, advised that the applicant proposed to
continue with the project as outlined in the report.
(2) Richard Read, 4800 Pacific Highway, San Diego, 92110,
previous developer, requested the item be continued for
resolution of problems regarding proprietary rights to
the project.
(3) Marvin D. Le Gros, applicant, 31188 Ashforth Drive,
Redlands, 92373,advised that Sun -On Enterprises will
redesign the project and does not intend to use
material belonging to Mr. Read.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
Negative Declaration:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to certify the issuance
of a Negative Declaration.
Approval of Tentative Parcel Map:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted. With
the concurrence of the second, the motion was amended to
direct that Condition 1(c), regarding outside storage of
motor vehicles, remain part of the CC& R's condition and
also be made a separate and new condition of approval.
RESOLUTION NO. 84-2-7-4
t.b ULV-ULV L'LV'1'r:KYttl Jl;bJ - H Az; ULU'1'lUN Ur'1'riC
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 83-864
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
4. REZONE 83-5, VILLA DEL OBISPO (CALIFORNIA RETIREMENT HOTEL,
INC./COOK)
(95) This Hearing was continued from the meeting of January 17,
1984.
Written Communications:
Report dated February 7, 1984, from the Director of
W -C
2/7/84
Community Planning and Development, forwarding comments and
recommendations of approval from the Architectural Board of
Review and the Planning Commission and noting additional
refinements of the plans.
Nanette Bourne, Associate Planner, advised that the
Architectural Board of Review and Planning Commission had
both reviewed the revised plans and recommended approval.
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following person
responded:
(1) John Jason, representing the applicant, Villa Del
Obispo, Ltd., 245 Fischer Avenue, Costa Mesa, requested
that occupancy be increased to 120 rather than 110 as
recommended by staff, noting that the number of rooms
will not be increased, but the additional capacity
would allow for more flexibility in use of the
semi -private rooms. He estimated that the project will
ultimately house 116 persons.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
Negative Declaration:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to certify the use of a
Negative Declaration.
Approval of Rezone 83-5:
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 Hausdorfer that the
following Ordinance be introduced:
ORDINANCE NO. 505, REZONE 83-5 (CALIFORNIA RETIREMENT
HOTEL - COOK) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
OF ASSESSOR'S PARCEL NO. 121-182-39 FROM AG (GENERAL
AGRICULTURE) TO IP (PUBLIC INSTITUTIONAL)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
Confirmation of Planninq Commission Approval/120 Capacity:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to confirm the action of
the Planning Commission in approving AC 83-6, ZV 83-9, and
CUP 83=12, with the exception that maximum capacity be set
at 120 persons, as requested by the applicant.
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1
ORDINANCES
1.
C�)���IN�iaF7
(55) Written Communications:
Report dated February 7, 1984, from the Director of
Community Planning and Development, advising that the
Ordinance had been introduced at the meeting of January 17,
1984, and referred to the Planning Commission for review and
report prior to adoption. The report forwards the Planning
Commission recommendation of approval of the Ordinance as
introduced.
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 Schwartze that the
following Ordinance be adopted:
ORDINANCE NO. 504, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - ESTABLISHING SERVICE STATION STANDARDS
- AN VAVINANCr: UrTnz l:1TY Vr- DAN JUAN l.AY1b1'AANV,
CALIFORNIA, AMENDING THE SAN JUAN MUNICIPAL CODE BY
ADDING SECTION 9-3.624 TO TITLE 9, CHAPTER 3, ARTICLE 6
THAT ESTABLISHES SERVICE STATION STANDARDS
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
RESOLUTIONS
1. ENVIRONMENTAL ASSESSMENT -
(38) Written Communications:
(74) Report dated February 7, 1984, from the Director of Public
Works, forwarding the Environmental Review Board
recommendation that Council adopt the project to widen
Camino Capistrano from Avenida Padre to the freeway exchange
and to request the Federal Highway Administration to make a
finding of no significant impact. The project includes
removal and reconstruction of the existing bridge and
installation of a traffic signal at the intersection of
Camino Capistrano and San Juan Creek Road. Funding would be
provided by the County and Federal Highway Administration.
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11 -
Adoption of Project:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
ION NO. 84-2-7-5, ADOPTING
CAPISTRANO BRIDGE AND REQU
OF
SIGNIFICANT IMPACT - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING THE RECONSTRUCTION OF THE CAMINO CAPISTRANO
BRIDGE AT SAN JUAN CREEK AND REQUESTING A FINDING OF NC
SIGNIFICANT IMPACT (SCHEDULE NO. 07 -ORA -0 -CR, CAMINO
CAPISTRANO BRIDGE AT SAN JUAN CREEK, BRIDGE NO. 55C-34,
M -M250 (001))
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF PROPOSAL FOR GEOTECHNICAL SERVICES - REPAIR OF
cT.OPR RATTITRR.R_ TRACT 7654 (LOS CORRALES) (D. A. EVANS,
(38) Written Communications:
(74) Report dated February 7, 1984, from the Director of Public
Works, forwarding a Letter of Proposal from D. A. Evans,
Inc., for geotechnical services in connection with repair of
slope failures on Lots 37-42 of Tract 7654 (Los Corrales).
The proposal contains two phases: the first phase covers
work necessary to prepare plans and specifications; the
second phase covers observation and testing services during
repair. Only the first phase was recommended for approval
at the present time. Funds in the amount of $5,000 were
budgeted for investigation of the slope repair.
Approval of Proposal
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve the
Proposal from D. A. Evans, Inc., of Laguna Hills, for
geotechnical evaluation and recommended repair to slopes in
Tract 7654, in the amount not to exceed $4,760; Account No.
11-4440-213-938.
2. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS -
REPLACEMENT OF FENCING AT TENNIS BASKETBALL COURTS (OLD
CAPISTRANO HIGH SCHOOL)(38-#454)
(38) Written Communications:
(62) Report dated February 7, 1984, from the Director of Public
Works, requesting approval of specifications for the
tennis/basketball court resurfacing and refencing at the Old
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119
Capistrano High School site on Camino Capistrano. The
report advises that the total cost of the project is
$24,000; $14,000 had been budgeted in the 1983-84 Capital
Projects Budget and adequate funds are not available in the
Capital Projects Budget since revenue projections have not
been met. The report recommends a loan of $24,000 from the
General Fund, to be repaid when projected budget revenue is
received.
Approval of Specifications/Call for Bids/Loan Authorization:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to authorize
the loan of $24,000 from the General Fund Reserve to the
Land Use Management Fund to undertake the tennis/basketball
court resurfacing and refencing. The project specifications
were approved and a call for bids authorized.
RECESS AND RECONVENE
Council recessed at 7:55 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:56 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. DENIAL OF REQUEST FOR TAXICAB LICENSE (CAPISTRANO VALLEY
YELLOW CAB)
(26) Written Communications:
(88) Report dated February 7, 1984, from the Senior
Administrative Assistant, citing the necessary findings that
must be made before a license to operate a taxicab in the
City may be granted. The report advises that insurance
submitted by Capistrano Valley Yellow Cab did not meet
Municipal Code requirements; verification of the adequacy
and safety of the taxicab was not provided; and, the Orange
County Sheriff's Department recommended denial of the
application.
Curtis L. Linton, applicant, 4126 Calle Bienvenido, San
Clemente, 92672, advised he was beginning the business,
having previously worked for Veterans' Cab, and understood
the requirements. Councilman Schwartze stated that if the
problems were corrected, the application could be
reconsidered.
Denial of Request:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to deny the
request of Capistrano Valley Yellow Cab for a license to
operate a taxicab in the City based on the fact that the
Municipal Code requirements had not been met.
CITY CLERK
1. ESTABLISHMENT OF VOTING PRECINCTS, POLLING
ELECTION OFFICERS - APRIL 10, 1984, MUNICI
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2/7/84
IPq
(40) Written Communications:
Report dated February 7, 1984, from the City Clerk,
forwarding a Resolution setting forth the voting precincts,
polling places, and election officers for the General
Municipal Election to be held on April 10, 1984. The total
cost for rental of the polling places and compensation of
board members is estimated at $1,915; funds are budgeted in
Election Account No. 01-4130-217.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Friess that the following Resolution be adopted:
RESOLUTION NO. 84 -2 -
PRECINCTS
PLACES, AND ELECTION OFFICERS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING VOTING PRECINCTS AND POLLING PLACES,
APPOINTING PRECINCT BOARD MEMBERS, AND FIXING
COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF THE
CITY ON TUESDAY, APRIL 10, 1984, CALLED BY RESOLUTION
NO. 83-12-6-6 OF THE CITY COUNCIL.
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The City Clerk was authorized to amend the Resolution with
regard to names, addresses, and places, if it becomes
necessary to do so prior to the election.
2. STATUS REPORT - APRIL 10, 1984, MUNICIPAL ELECTION
(40) Written Communications:
Report dated February 7, 1984, from the City Clerk, advising
that the following persons are candidates for the office of
Member of the City Council: Lawrence F. Buchheim; Kenneth
E. Friess, Jeffrey A. Greenspan; and, Rick L. Lund. The
report also advises that Candidate's Statements are
available for review for a 10 -day period beginning February
3; that each candidate filed a signed copy subscribing to
the Code of Fair Campaign Practices; and, notes new polling
place locations at La Sala Foyer at the new Library, and the
Ocean Hills Church Farmhouse.
With the concurrence of Council, Mayor Bland directed that
the report be received and filed.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. OSO CREEK IMPROVEMENT PROJECT (ORANGE COUNTY FLOOD CONTROL
(80) Written Communications:
(1) Report dated February 7, 1984, from the Director of
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Tom Tomlinson, Senior Planner, made an oral presentation,
discussing proposed alternatives, particularly the
recommendation for an underground box conduit. Council
concurred in support of the underground approach.
Councilman Buchheim stated a need to review the General Plan
with regard to the three channels in the City due to impacts
of development outside the City.
Elmer Christiansen, civil engineer representing the owner
and optionees in conjunction with the Bathgate Ranch, stated
for the record their alarm at continuing lateral and
vertical erosion of the channel. He further stated that the
project would have almost no effect on that continuing
erosion and noted their desire to improve the channel in
such a manner so that loss of land to the creek would not
continue. Mr. Christiansen noted his letter of February 7th
and discussed concerns that a covered box may be consistent
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Community Planning and Development, advising that the
Planning Commission found the County's proposed design
of the Oso Creek Improvement Project to be inconsistent
with the General Plan. A portion of the proposed
design includes a vertical concrete wall open channel;
the Commission found that a rock -lined channel or
underground conduit would be consistent with the
General Plan. The County project extends from north of
Avery to approximately 840 feet into the City. The
report advises that the County agreed to include the
underground concept as an alternate design for its bid
package if the City would commit to paying the
additional construction costs for the design.
Additional costs for engineering work are estimated at
$20,000; additional construction costs for the
underground alternate are estimated at $200,000.
(2) Letter dated January 30, 1984, from W. W. Knitz,
President of the San Juan Basin Authority, P. O. Box
967, San Juan Capistrano, urging support of the Oso
Creek Improvement Project as designed in order to
improve water quality in the San Juan Basin due to
control of non -storm low flows.
(3) Letter dated February 7, 1984, from Elmer L.
Christiansen, 32432-N Alipaz Street, San Juan
Capistrano, citing concerns regarding the short length
of the proposed improvement; the need to preserve and
use buildable acreage of the Bathgate Ranch; and,
stating a preference for an open channel with
freeboard; or, if a covered channel box is used, it
should be large enough to contain a significant rate of
flood flow. The letter states concern regarding
accelerated erosion of Oso Creek, particularly through
the Bathgate and Williams Ranches, and urges the City
to continue to work, plan and budget toward complete
control of the erosive power of storm flows in the
channel.
Tom Tomlinson, Senior Planner, made an oral presentation,
discussing proposed alternatives, particularly the
recommendation for an underground box conduit. Council
concurred in support of the underground approach.
Councilman Buchheim stated a need to review the General Plan
with regard to the three channels in the City due to impacts
of development outside the City.
Elmer Christiansen, civil engineer representing the owner
and optionees in conjunction with the Bathgate Ranch, stated
for the record their alarm at continuing lateral and
vertical erosion of the channel. He further stated that the
project would have almost no effect on that continuing
erosion and noted their desire to improve the channel in
such a manner so that loss of land to the creek would not
continue. Mr. Christiansen noted his letter of February 7th
and discussed concerns that a covered box may be consistent
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15
with the General Plan, but could cause problems if it were
not able to handle overflow above the design flow.
Discussion ensued regarding the FP 2 floodplain, design
parameters, and the Gavilan Basin. Councilman Hausdorfer stated
a need for clarification of the Gavilan Basin issue.
Alternate Design:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to:
(1) Confirm the Planning Commission findings that a
concrete vertical wall channel shown on the present
County plans is not consistent with the General Plan,
but that rock riprap or underground conduit concepts
are consistent - subject to the design measures set
forth in Planning Commission Resolution No. 83-3-22-1.
(2) Authorize staff to contract with Lowry & Associates to
develop an alternate improvement design providing for
an undergrounding conduit and low -flow surface
streambed in an amount not to exceed $20,000.
(3) Authorize the City Manager to negotiate a draft
agreement with the County providing for construction
and funding of the underground conduit design, with
submittal to Council for review and approval.
2. STATUS REPORT - COLINAS DE CAPISTRANO
(56) Written Communications:
Report dated February 7, 1984, from the Director of
Community Planning and Development, identifying concerns and
suggesting mitigation measures to reduce visual impacts of
the proposed storm drains and grading for Camino Los Padres
in conjunction with the Colinas de Capistrano Planned
Community.
Tom Tomlinson, Senior Planner, made an oral presentation
regarding the extension of Camino Los Padres, noting staff's
recommendation that the grade be designed at 128 rather than
10%, and cited concerns with the proposed drainage design.
Councilman Buchheim reiterated the need to address the issue
in the General Plan. Mr. Tomlinson cited staff concerns
regarding the Oso and San Juan Creek floodplains and advised
that floodplain management studies will be recommended in
' the Capital Improvement Program Budget. Discussion ensued
and staff was directed to coordinate efforts with regard to
Colinas and the Oso Creek Channel.
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - SERRA
(79) Written Communications:
Report dated February 21, 1984, from the Director of Public
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16
Works, citing the SERRA Board of Directors' concern with
re-establishing plant operations at more acceptable levels;
noting the study of plant capacity and operational mode;
and, advising that progress continues on the Solids Handling
and Odor Control Facility Project, Project Committee 16.
With the concurrence of Council, Mayor Bland directed that
the report be received and filed.
DIRECTOR OF RECREATION
1. ACCEPTANCE OF EQUESTRIAN/HIKING TRAILS - TRACT 6305 (THE
HUNT CLUB) 38-#465)
(62) Written Communications:
(85) Report dated February 7, 1984, from the Director of
Recreation, advising that an ad hoc committee had been
formed to resolve the questions of public use of a trail
system in a community with restricted public access together
with developing a program for maintaining equestrian/hiking
trails and funding the maintenance programs. The report
forwards the committee's recommendations with regard to the
Hunt Club.
Acceptance of Equestrian/Hiking Trails:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 84-2-7-7, ACCEPTING IRREVOCABLE OFFER -
TRACT 6305 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE
IRREVOCABLE OFFER FOR EQUESTRIAN TRAIL PURPOSES OVER
THE PERIPHERAL TRAIL OF TRACT 6305, BOOK 457, PAGES 1
THROUGH 15 (THE HUNT CLUB)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The City Clerk was directed to record the Resolution upon
repair of the peripheral trail system, as approved by the
City Engineer.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the agreement
relating to the maintenance of the equestrian/hiking trails
in tract 6305 (The Hunt Club); to authorize the Mayor and
City Clerk to execute the agreement on behalf of the City;
and to direct the City Clerk to forward the agreement to the
Orange County Recorder's Office for recordation.
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Implementation of Program:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdor£er and unanimously carried to direct staff to
proceed with the implementation of the program for
acceptance of the equestrian/hiking trails in Tract 6305 as
recommended by the City Council Ad Hoc Committee and set forth in
the February 7, 1984, Agenda Item.
2. FALL QUARTERLY RECREATION ACTIVITIES REPORT - 1983
(62) Written Communications:
Report dated February 7, 1984, from the Director of
Recreation, forwarding the Quarterly Recreation Activities
Report for Fall, 1983, as approved by the Parks and
Recreation Commission.
With the concurrence of Council, Mayor Bland ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JANUARY 24, 1984
(67) The Report of Actions taken by the Planning Commission at
their meeting of January 24, 1984, was ordered received and
filed.
EQUESTRIAN COMMISSION
1. AMENDMENT TO BYLAWS - CHANGE OF MEETING TIME
(23) Written Communications:
Report dated February 7, 1984, from the Secretary to the
Equestrian Commission, forwarding an amendment to the
Commission Bylaws to change the meeting date and time from
the second and fourth Mondays of the month at 5:00 p.m., to
the second Monday of the month at 6:00 p.m.
Approval of Amendment:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to approve the
amendment to the Bylaws changing the meeting date and time.
PUBLIC FACILITIES COMMITTEE
STATUS REPORT
(23) Councilman Schwartze advised that additional discussions had
been held with the Capistrano Unified School District and
recommended that the item be continued to the meeting of
February 21 to allow for discussion with the District.
Councilmen Friess and Schwartze were appointed as an Ad Hoc
Committee to meet with the District.
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1�
COUNCIL ACTIONS
1. NOMINATIONS TO ORANGE COUNTY GRAND JURY
(56) Written Communications:
Report dated February 7, 1984, from the City Manager,
forwarding names of individuals who expressed an interest in
serving on the Orange County Grand Jury.
Submittal of Names:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to offer the following
names to the Orange County Grand Jury: Mary Laub, Norbert
Gene Murphy, and Louis Staudenbaur.
COUNCIL REMARKS
1. SIGNS - EL PEON POTTERY SALES
(25) Councilman Buchheim cited a letter from Mike Darnold
requesting a waiver of the sign regulations and a five-day
extension in connection with his semi-annual pottery sale.
Following discussion, it was moved by Councilman Hausdorfer,
seconded by Councilman Schwartze and unanimously carried to
approve the request.
2. CITY WELCOME SIGNS - ROTARY CLUB
(61) Councilman Buchheim noted that the Rotary Club will make a
(25) proposal regarding welcome signs at the entrances to the
City.
3. OLYMPIC FLAG FLYING
(89) Councilman Buchheim noted the Rotary Club request that the
City review possibilities for flying the Olympic flag.
Staff was directed to develop policies.
4. HONORARY CITIZENSHIP
(34) At the suggestion of Councilman Buchheim, it was moved by
Councilman Friess, seconded by Councilman Hausdorfer that
the following Resolution bestowing honorary citizenship on
Tony Moiso, Richard O'Neill, and families be adopted:
RESOLUTION NO. 84-2-7-8, HONORARY CITIZENSHIP - RANCHO
MISSION VIEJO FAMILY - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
GRANTING HONORARY CITIZENSHIP IN THE CITY OF SAN JUAN
CAPISTRANO TO THE RANCHO MISSION VIEJO FAMILY
The motion carried by the following vote:
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AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The Resolution will be presented at the Rancho Mission Viejo
annual round -up on February 11th.
5. JOHN WAYNE AIRPORT
(88) Councilman Schwartze cited a letter from the City of Newport
Beach regarding improvement of the John Wayne Airport. The
City Manager advised that a report will be forthcoming
regarding appropriate action.
6. SIGNS
(82) Councilman Friess expressed appreciation for the removal of
the large "For Sale" sign on property located on San Juan
Creek Road at the freeway. He further requested a copy of
the City's response to the letter from Tom Hribar.
7. GLENDALE FEDERAL PARKLAND
(85) Councilman Friess noted continuing dumping and motorcycle
activities on the Glendale Federal Parkland at La Novia and
San Juan Creek Road.
8. SHERIFF'S REPORT, 1983
(70) Mayor Bland noted a reduction of crime in the City and
(36) commended the Sheriff's Department. It was moved by
Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to direct that the Resolution of
commendation be prepared.
CLOSED SESSION
Council recessed to a Closed Session at 8:58 p.m., for discussion
of legal matters, the City Clerk being excused therefrom, and
reconvened at 10:16 p.m. Councilman Buchheim was absent, having
left the meeting at 9:40 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:17 p.m., to the next regular meeting date of
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20
February 21, 1984, at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
MARY ANN FkB OVER, CITY CLERK
ATTEST:
/zse _
ANTHONY L. LAND, MAYOR
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217!84