83-0802_CC_Minutes_Regular Meeting2 f
AUGUST 2, 1983
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
7:03 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; Thomas G. Merrell, Director of Community
Planning and Development; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording
Secretary.
MINUTES
Regular Meeting of July 5, 1983:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of July 5, 1983,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Friess, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: None
Adjourned Regular Meeting of July 12, 1983:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess that the Minutes of the Adjourned Regular Meeting of
July 12, 1983, be approved as submitted. The motion carried by
the following vote:
AYES:
NOES:
ABSENT:
Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
None
None
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Regular
64 -
Regular Meeting of July 19, 1983:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the Minutes of the Regular Meeting of July 19,
1983, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
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. PRESENTATION OF EMPLOYEE PERFORMANCE AWARDS
(66) Written Communications:
Report dated August 2, 1983, from the City Manager, advising
that Employee Performance Awards are presented annually by
the City Council to recognize and honor outstanding work
performance by City employees.
The City Manager commented on the procedure for selecting
employees and noted attitudes and work performance which had
resulted in the selection of the following employees:
Employee
Marty Bryant
Dana Kasdan
Cal Mahi
Ronnie Zaremba
Department
Engineering Division
Engineering Division
Maintenance Division
Recreation Department
The employees were present and Mayor Bland presented checks
in the amount of $1,000 to each.
2. PRESENTATION OF PLAQUES TO LONG-TERM EMPLOYEES
(66) Written Communications:
Report dated August 2, 1983, from the Senior Administrative
Assistant, advising that in accordance with Council policy,
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special recognition is given annually to employees who have
provided 10 or more years of service. The following
employees were eligible to receive recognition:
Employee Date of Hire
Larry Lawrence May 14, 1973 (10 years)
Raymundo Becerra June 11, 1973 (10 years)
Barbara Sutherland June 25, 1973 (10 years)
The employees were present and Mayor Bland presented
plaques to each, thanking them for their service to the
City.
ORAL COMMUNICATIONS
MOBILEHOME PARK ORDINANCE LITIGATION
(35) Ed Dailey, 32371 Alipaz Street, Space 89, representing the
Golden State Mobilehome Owners League, congratulated the
City on its success in the Mobilehome Park Ordinance
litigation and offered any assistance that might be needed
from the GSMOL in recommencing enforcement of the ordinance.
Mayor Bland noted that the Supreme Court had decided not to
review the case, thereby upholding the Appellate Court
decision, and advised that the Mobilehome Park Review
Committee would be reinstated.
WRITTEN COMMUNICATIONS
ADOPTION OF URGENCY ORDINANCE - REQUEST FOR
(76) Council received copies of a letter dated July 19, 1983,
(95) from Arthur B. Birtcher, General Partner of Birtcher
Pacific, P. O. Box A-1, Laguna Niguel, 92677-0100,
requesting adoption of an Urgency Ordinance to allow medical
clinics in the Industrial Park District. The letter advises
that due to overcrowding in their present facilities, the
San Juan Community Clinic wishes to move their operations to
a building located at 33047 Calle Aviador, in an area zoned
for industrial uses.
Discussion ensued regarding the ramifications of adopting an
Urgency Ordinance and the affects on the Industrial Park
District zoning. The request was modified to allow
non-profit medical clinics only.
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
Hausdorfer, seconded by Councilman Buchheim that the
following Ordinance be adopted:
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26A
ORDINANCE NO. 489, NON-PROFIT MEDICAL CLINICS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING NON-PROFIT MEDICAL CLINICS AS A
PERMITTED USE IN THE INDUSTRIAL PARK (MP) DISTRICT
(URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim
Schwartze and Mayor Bland
NOES: None
ABSENT: None
The Ordinance adds Section 9-3.417(b)(14) to the Municipal
Code and will be in effect for 120 days or until
November 30, 1983, unless extended.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated August 2, 1983, Warrant Register
No. 84-021, in the total amount of $322,518.11, was approved
as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
(23) The Report dated August 2, 1983, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of July 25, 1983, was ordered received and filed.
3. REPORT OF PARKS AND RECREATION COMMISSION MEETING
OF JULY 18. 1983
(62) The Report dated August 2, 1983, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of July 18, 1983, was ordered received and
filed.
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4.
IF GRADING BOND, TRACT 11086 1
DEL RIO
267
(38) As set forth in the report dated August 3, 1983, from the
(85) Director of Public Works, all grading work required for
Tract 11086 was completed and Grading Bond NO. 100715, from
Developers Insurance Company, in the amount of $72,300, was
released.
5.
CHANGE ORDERS NOS. 12 AND 13 -
(52) As set forth in the report dated August 2, 1983, from the
Senior Administrative Assistant, Contract Change Orders Nos.
12 and 13, in the total amount of $81,239.89, were approved
for revisions to Acjachema Street, correction of mechanical
errors, landscaping modifications, and an extension of time
to September 20, 1983.
6. RATIFICATION OF REVISIONS TO ACJACHEMA STREET IMPROVEMENT
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(38) As set forth in the report dated August 2, 1983, from the
(83) Senior Administrative Assistant, revisions dealing with
insurance requirements and payment of administration costs
which were made to the Acjachema Street Improvement
Agreement by the Diocese of Orange, were ratified and the
Mayor and City Clerk were authorized to execute the
Agreement on behalf of the City.
PUBLIC HEARINGS
1. APPROVAL OF REZONE 83-3, PROPERTY LOCATED AT SOUTHERLY
TERMINUS OF LA NOVIA CHEVRIER)
(95) Proposal:
Zone change from Growth Management to Small Estate for
approximately .67 acres located at the southerly terminus of
La Novia, formerly known as the Ultimo property. The site
contains a 7,000 -square -foot single-family residence and is
surrounded to the south, east, and west by Glendale Federal
property and to the northeast by the Los Corrales tract.
The proposed zone change would rezone the property for the
residential use as it has been developed and would relieve
the property owner of the development standards for GM -zoned
properties which are designed for large-scale agricultural
residences.
Applicant/Property Owner:
Frank and Irene Chevrier, 3506 South Birch Street, Santa
Ana, 92707.
Written Communications:
Report dated August 2, 1983, from the Director of Community
Planning and Development, forwarding the Planning Commission
recommendation of approval.,
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266
2.
Mr. Merrell advised that the Rezone application was made
when planned additions to the house conflicted with the
setback requirements of the GM zone.
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following person
responded:
(1) Evan Lindsey, of the architectural firm of Arthur
Valdes and Company, was present to represent the owner
and to answer questions.
There being no further response, the Hearing was closed 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 Rezone:
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. 490, REZONE 83-3 (CHEVRIER) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY
ORDINANCE NO. 398 BY CHANGING THE ZONING OF ASSESSOR'S
PARCEL NO. 666-012-02 TO ES (SMALL ESTATE)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim
Schwartze and Mayor Bland
NOES: None
ABSENT: None
(74) Proposal:
(85) Consideration of charges to be assessed in conjunction with
the Landscape Maintenance Districts in Tracts 9284, 9382,
7654, 9373, 7673, and 8485.
Applicant:
This was a City -initiated Hearing.
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Written Communications:
Report dated August 2, 1983, from the Director of Public
Works, advising that a meeting had been held to solicit
comments regarding the proposed assessments and that Tracts
7673, 8485 and 9382 (Maurer tracts) would be assessed as
originally determined; Tracts 9373 and 7654 (Los Corrales)
would reflect reduced costs based on the assumption of
watering by the individual homeowners; and, Tract 9284 (Sea
View) wished to enter into a Memorandum of Understanding for
a reduced service level, with homeowners responsible for the
majority of determining what work is to be done and
supervising its progress.
The Director of Public Works reviewed the proposals
forthcoming from the public meeting and discussed the
proposed engineering study to determine the cause of the
slope failure in the Los Corrales Tract 7654.
Public Hearing:
Stating a conflict of interest, Councilman Schwartze left
the Council Chamber.
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following persons
responded:
(1) David Specter, 31902 Via Fierro, advised of a slope
failure on his property; stated the District was
responsible for plant establishment, maintenance and
repair of the slope; spoke in favor of the study to
determine the cause of the slope failure.
(2) Robert Perry, 31842 Paseo Labranza, stated opposition
to the proposed committee to monitor watering of the
slopes by individuals unless the affected persons had
agreed to do the watering.
(3) George Kerr, 28142 Via Del Cerro, cited problems with
plant establishment and drain cleaning on his property.
(4) Crystal Kerr, 28142 Via Del Cerro, was advised that a
soils investigation was being conducted to determine
mineral content in the area; that some plant
establishment problems had been encountered due to a
high boron content in the soil.
(5) Richard Wann, 28131 Calle San Remo, cited problems with
obtaining contractor maintenance on a regular basis.
(6) Richard Wordes, 31812 Paseo La Branza, discussed
responsibility for slope repair; bonding and overseeing
of the contractor's work; and, the formation of the
committee to monitor watering.
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Z7Q41
(7) Jack Bankley, 31852 Via Puntero, stated opposition to
the engineering study and cited concerns with the
assumption of implied homeowner responsibility in
conjunction with the study.
(8) Dennis Haehn, 28261 Via Rueda, commended staff for
their efforts in communicating with homeowners;
discussed formation of the proposed committee; and,
suggested that guarantees be obtained to assure that
future slope plantings will succeed.
(9) Charles Graham, 28172 Via Del Cerro, stated that
developer should bear the cost of re -working the
irrigation in Tract 9373 and cited concerns with
individuals being responsible for slope watering,
suggesting consideration of drip irrigation.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
Council Discussion:
Council discussed installation of drought -resistant plants.
Councilman Friess recommended formation of liaison groups in
each tract to work with staff to monitor the maintenance
situation, provide resident input, and make budget
recommendations. Mayor Bland stated concerns regarding the
engineering study, and Councilman Friess suggested that
funds be authorized but not spent until advisory committees
are formed and have evaluated the project.
Confirmation of Charges:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess to approve the Memorandum of Understanding
with Tract 9284 and to adopt the following Resolution:
ON NO. 83-8-2-1. CONFIRMING
IJO.) LHLV 1J bl.HYt'. 11H 11V "1'E LV L -11V 1.L L10"1'K11:"1'.7 - L'.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST
REPORT FOR THE 1983 LANDSCAPE MAINTENANCE
DISTRICTS CHARGES IN THE CITY OF SAN JUAN
CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
The Resolution adopts the following assessments and directs
that the report be forwarded to the County Assessor and Tax
Collector for inclusion on the 1983-84 tax rolls:
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8/2/83
Assessment Per
Tract Parcel Per Year
9284
$485
7654
463
7673
195
8485
271
9382
490
9373
204
Formationof Advisory Committees:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried with Councilman Schwartze
absent, to direct that Advisory Committees be formed for
each tract from applications made to Public Works and that
the Committees meet with the City Manager and staff to
evaluate the process and make budget recommendations.
Councilman Schwartze returned to the dais.
3. CONFIRMATION OF ASSESSMENTS FOR 1983 WEED ABATEMENT CHARGES
(74) Proposal:
Consideration of charges to be assessed for the 1983 Weed
and Hazard Abatement Program. Charges include the actual
contractor's cost for performing the work and an additional
258 for City administration overhead and inspection.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated August 2, 1983, from the Director of Public
Works advising that the Cost Report itemizing the assessed
charges will be posted at City Hall from July22 through
August 10.
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.
Confirmation of Charges:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 83-82-2-2, CONFIRMING COST REPORT - 1983
WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR 1983 WEED ABATEMENT IN THE CITY OF
SAN JUAN CAPISTRANO
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The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
The Resolution finds the charges for weed abatement
acceptable; authorizes the Hearing Officer to accept payment
due on the abatement until August 5, 1983; and, directs that
a copy of the "City of San Juan Capistrano, Weed Abatement -
1983" Report be forwarded to the County Assessor and Tax
Collector. The Report must be received by the County no
later than August 10 for inclusion on the tax rolls.
RESOLUTIONS
1. CONFIRMING 1983-84 ASSESSMENT CHARGES - ASSESSMENT DISTRICT
78-3 (ORTEGA PROPERTIES)
(74) Written Communications:
Report dated August 2, 1983, from the Director of Public
Works advising that the County Tax Assessor must be notified
annually of payments for 1915 Act Bonds. The report advises
that the Ortega Properties Assessment District 78-3 was
financed through 1915 Act Bonds, and forwards a resolution
confirming assessment charges.
Confirmation of Charges:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 83-8-2-3, CONFIRMING 1983-84 ASSESSMENT
CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1983-84
ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA
PROPERTIES
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
The Resolution advises that the County collects the annual
payment of assessments and, commencing in Fiscal Year
1983-84, will deduct a collection charge of ;%. The City
Clerk was directed to forward a copy of the Resolution to
the Orange County Auditor for inclusion on the 1983-84
Secured Tax Roll.
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2. SETTING SEWER BOND TAX RATE - FISCAL YEAR 1983-84
(86) Written Communications:
Report dated August 2, 1983, from the Director of
Administrative Services, forwarding a resolution
establishing and imposing an ad valorem sewer bond tax rate
of .00625 percent of the full value of secured real
property, pursuant to the California Revenue and Taxation
Code, Section 93.
1341161
1.
Approval of Tax Rate:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
ION NO. 83-8-2-4
BOND TAX
RATE - Y16UAL Yk AR i7PbJ-b4 - A I'M OULu1:1v1V Ur inn
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING AND IMPOSING AN AD
VALOREM SEWER BOND TAX RATE FOR THE 1983-84 FISCAL
YEAR
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
local newspaper within 15 days
Resolution to the Orange County
CONTRACTS, AGREEMENTS
publish the Resolution in a
and to forward a copy of the
Auditor -Controller.
PLANS AND SPECIFICATIONS - SANITARY
(80) Written Communications:
Report dated August 2, 1983, from the Director of Public
Works advising that problems which delayed installation of
the City sewage flow metering and monitoring equipment have
been remedied and requesting review and reapproval of plans,
as well as a budget adjustment reflecting a cost increase
from the amount budgeted for the project in the 1982-83
budget.
Approval of Plans:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to approve the
plans and specifications for the installation of City flow
monitoring equipment and to authorize the budget adjustment
of $13,000 in the Sewer Enterprise Fund, Flow Monitoring
Station, Account No. 07-4770-714.
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2"74
2. APPROVAL OF AGREEMENT FOR CULTURAL ARTS SERVICES
(38) Written Communications:
(61) Report dated August 2, 1983, from the Senior Administrative
Assistant, forwarding an agreement delineating the duties
and responsibilities of Libros y Artes as the cultural arts
arm of the City. The agreement is renewable on a yearly
basis.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to approve the agreement
with Libros y Artes de San Juan Capistrano and to authorize
the Mayor and City Clerk to execute the document on behalf
of the City.
RECESS AND RECONVENE
Council recessed at 8:33 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:38 p.m.
COUNCIL ACTIONS
APPOINTMENT TO MOBILEHOME PARK REVIEW COMMITTEE
(23) This item was taken out of order on the Agenda.
Written Communications:
Report dated August 2, 1983, from the Senior Administrative
Assistant, forwarding applications for appointment to the
Mobilehome Park Review Committee; one vacancy exists on the
Committee.
Councilman Schwartze suggested that this item be held over
to the meeting of August 16 to give the Council an
opportunity to meet and interview interested persons and to
assure that all Mobilehome Park Owners and Managers are
contacted regarding the existing vacancy on the Committee.
Councilman Buchheim suggested that the period for filing
applications be re -opened.
Acceptance of Applications:
It was moved by Councilman Schwartze, seconded by Councilman _
Buchheim and unanimously carried to hold appointment to the
Committee to the meeting of August 16 and to accept
applications until August 12.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. 1983-88 FISCAL BUDGET - COMMUNITY ORGANIZATION BUDGETS
(CHAMBER OF COMMERCE)
(24) This item was continued from the meeting of July 19, 1983.
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275
(29) Written Communications:
Report dated August 2, 1983, from the City Manager, advising
that the staff recommendation for funding in the amount of
$18,500, the same level as last year, remained unchanged
from the July 19th report. The Chamber had requested
$61,424, with initiation of a South Orange County Visitor's
Center, or $37,350 without the Visitor's Center.
Janice Arnone, Executive Director of the Chamber, cited the
Chamber's goals for the coming years and the need for the
additional funding.
Funding of Chamber of Commerce:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to provide funding
to the Chamber of Commerce for the 1983-84 Fiscal Year in
the amount of $18,500.
RECESS AND RECONVENE
Council recessed at 8:50 p.m., and reconvened at 9:04 p.m.
2. 1983-88 FISCAL BUDGET - COMMUNITY ORGANIZATION BUDGETS
(CONCEPT COMMUNICATIONS) (38-#373)
(24) This item was continued from the meeting of July 19, 1983.
(34)
(38) Written Communications:
Report dated August 2, 1983, from the City Manager, advising
of Jeff Vasquez's reservations regarding use of the film "La
Historia de Capistrano" to raise funds for the continuing
support of historical, cultural and educational non-profit
groups. The report reviews three proposals made by Mr.
Vasquez and recommends that the City not participate any
further. Mr. Vasquez had requested an additional $12,500.
Mr. Vasquez made a slide presentation of the proposed film.
He cited benefits and value of the film; reviewed his
proposals for financing the remaining work to be done; and,
stated concerns with the City's proposed use of the film.
Council stated their desire to fund the film, provided some
means of reimbursement of the investment could be achieved.
Discussion ensued regarding means of providing a solution
satisfactory to both parties.
Continuationof Request/Formation of Committee:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that a committee comprised
of a Council Member, the City Manager and Jeff Vasquez be
formed to review funding mechanisms to accomplish the goals
of both the City and Mr. Vasquez with a report to be
submitted on August 16. It was moved by Councilman
Schwartze, seconded by Councilman Buchheim and unanimously
carried to appoint Councilman Gary Hausdorfer to represent
Council on the Committee.
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2"76
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. APPROVAL OF APPEAL OF PLANNING COMMISSION DECISION
GRADING PLAN, LOT 62, TRACT 6305 (SEHREMELIS/HUNT CLUB)
(67) This item was continued from the meeting of July 5, 1983, to
(85) resolve possible problems in implementing the Development
Constraints Matrix.
Written Communications:
(1) Report dated August 2, 1983, from the Director of
Community Planning and Development, stating the results
of a meeting held with representatives of the
Homeowners Association and project developers to
clarify and identify the applicable constraints matrix
to be used in evaluating individual proposals for
residential units. The report recommends that the
appeal be addressed as a modification to previously
approved plans, requiring a determination of
consistency with the Hillside Management District, and
that the action of th Planning Commission be affirmed.
(2) Letter dated July 29, 1983, from Kevin Sheridan,
Capistrano Partners, P. O. Box 1198, San Juan
Capistrano, taking exception to the conclusions reached
at the meeting as stated in the staff report and
stating that the plans are consistent with the
Composite Grading Plans and conform to the Building
Matrix of the recorded Hunt Club CC&R's.
Exhibits were on display and Mr. Merrell advised that he had
met with Scott Sheridan and an agreement had been reached
that the correct Matrix was the one recorded with the Hunt
Club CC&R's; that the Sehremelis plans conformed with that
Matrix. He suggested that the appeal be considered in terms
of setback, grading and view impacts and that the proposal
be judged on its own merits and a determination be made
whether this was an appropriate treatment for the lot. He
further noted that mitigating measures had been introduced
after the Planning Commission denial.
Public Input:
The following persons addressed Council: _
(1) Scott Sheridan, Capistrano Partners, discussed contour
grading done on the tract and the resulting necessity
to grade each lot; stated that the project was
consistent with the appropriate requirements.
(2) Walter Wood, Chairman of the Architectural Committee,
urged approval of the appeal and stated that the
project was consistent with the perameters under which
it was reviewed.
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2"7'7
(3) Stan Schroepfer, Architect, advised that 1,100 cubic
yards of dirt would be graded and the majority would be
used in other areas of the lot; that the exterior of
the lot would not be altered; that this project was in
conformance with development of the overall tract.
Council Discussion:
Councilman Friess stated concerns with the size and scope of
homes being built in the area. Councilman Hausdorfer stated
concerns with impacts on neighboring lots and that there
might be long-term problems resulting from construction of
homes this size. Mayor Bland stated concerns that the
proposed use was too intensive for the lot.
Approval of Appeal:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and carried with Mayor Bland voting in the
negative, to approve the project as revised and presented.
2. INITIATION OF GENERAL PLAN AMENDMENT 83-3 (EQUESTRIAN
TRAILS/ELKINS PUBLIC STORAGE)
(46) Proposal:
Consideration of the following items submitted for inclusion
in the initiation of General Plan Amendment 83-3:
Item #1 - Application made by George Elkins to amend the
Land Use Element from 1.4 (Medium Density
Residential) to SS (Special Study) for a 3.1± acre
parcel located east of Bill Yates Volkswagen to
allow development of a public storage facility.
Item #2 - Application by the City to amend the Parks and
Recreation Element as it relates to
equestrian/hiking trail alignments, facilities,
and design standards.
Written Communications:
Report dated August 2, 1983, from the Director of Community
Planning and Development, recommending that Item #1 be
expanded to include those additional parcels between the
subject property and Valle Road.
Initiation of Amendment:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to initiate General Plan
Amendment 83-3, consisting of two items submitted for
Council consideration, noting that said action allows
consideration of the items and should not be construed as
either approval or denial of the individual petitions.
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27-8
DIRECTOR OF PUBLIC WORKS
1. COMPLETION OF 1983 WEED ABATEMENT PROGRAM (HERBERT J.
(38) Written Communications:
(74) Report dated August 2, 1983, from the Director of Public _
Works advising that the initial Weed Abatement Program for
1983 has been completed.
Acceptance of Work:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 83-8-2-5, COMPLETION OF WEED ABATEMENT
IN THE CITY OF SAN JUAN CAPISTRANO - 1983 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO THE ABATEMENT OF WEEDS AND OTHER NOXIOUS AND
PUBLIC NUISANCES IN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
The Resolution accepts the work as complete and directs that
a Notice of Completion be forwarded to the County Recorder
within 10 days.
Payment status is as follows:
Total Cost to Date $37,941.55
Less 10% Retention 3,794.15
Less Progress Payment #1 16,187.85
Amount Due 17,959.55
Staff was authorized to make payment as indicated and to
release the 10% retention 35 days after recordation of the
Notice of Completion.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JULY 26, 1983
(67) Council received copies of a report dated August 2, 1983,
from Thomas Tomlinson, Acting Director of Community Planning
and Development, advising that the July 26, 1983, meeting
had been cancelled due to a lack of quorum. The next
regularly scheduled meeting is August 9, 1983.
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EQUESTRIAN COMMISSION
1. STATUS REPORT - COMPREHENSIVE REVIEW OF EQUESTRIAN/HIKING
TRAIL SYSTEM
(23) Written Communications:
(62) Report dated August 2, 1983, from the Secretary to the
Equestrian Commission, advising that on March 1, 1983,
Council authorized staff and the Commission to conduct a
comprehensive review of the currently adopted equestrian
standards, and summarizing and forwarding work that has been
completed to date.
The City Manager noted that the item had been presented for
information only and with the concurrence of Council, Mayor
Bland directed that the report be received and filed.
COUNCIL ACTIONS
1. DESIGNATION OF VOTING DELEGATE AND ALTERNATE - ANNUAL
(61) Written Communications:
Report dated August 2, 1983, from the City Clerk, advising
that a Delegate and Alternate should be appointed to
represent the City at the General Business Session of the
League of Cities Annual Conference. The Conference will be
held October 2 - 5, 1983, in San Francisco.
Designation of Delegates:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried that Mayor Bland
be appointed as the Voting Delegate and Councilman Schwartze
be appointed as the Alternate Delegate to represent the City
at the League Conference.
2. APPOINTMENT TO ARCHITECTURAL BOARD OF REVIEW, PARKS AND
RECREATION COMMISSION, AND EQUESTRIAN COMMISSION
(23) Written Communication:
(62) Report dated August 2, 1983, from the Senior Administrative
Assistant, advising that the following individuals declined
to accept their appointments:
Ed Haworth - Architectural Board of Review
Richard Wordes - Equestrian Commission
Jim Allen - Parks and Recreation Commission
Appointment to Architectural Board of Review:
It was moved by Councilman Schwartze, seconded by Councilman
Friess and unanimously carried to appoint Richard Wordes to
the Architectural Board of Review.
tment
strian
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to appoint John
Stewart to the Equestrian Commission.
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280
Appointment to Parks and Recreation Commission:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to appoint Kathy Holmes
to the Parks and Recreation Commission.
COUNCIL REMARKS
1.
PORTABLE DUMPSTERS
(45)
Councilman Buchheim suggested that portable dumpsters be
marked with reflective tape to aid night visibility and
there was a consensus that letters be written to the trash
companies.
2.
ADVERTISING BANNERS/SIGNS
(25)
Councilman Friess requested a report regarding the status of
the signs advertising the Camelot Development and noted the
portable sign at the Goeden Development. Mayor Bland noted
the banner advertising the Antique Mall on weekends and the
portable sign with balloons advertising Cafe Mozart.
3. TRUCK TRAFFIC
(87) Councilman Friess noted that truck traffic remains a problem
on San Juan Creek Road.
4. SLOPE FAILURES
(74) There was a consensus of Council that a report be prepared
regarding possible insurance requirements or the feasibility
of lengthening bonding time periods to provide more
protection in instances of slope failure.
5. BOARDS/COMMISSIONS MEETING ATTENDANCE
(23) Mayor Bland suggested that Council Members attend Board and
Commission meetings on a monthly basis to monitor activities
and a schedule for the month of August was prepared.
6. EMPLOYEE RECOGNITION
(66) There was a consensus of Council that employees recognized
in 1982 for long-term employment also receive service
plaques.
CLOSED SESSION
Council recessed to a Closed Session at 10:45 p.m., for
discussion of personnel and legal matters, the City Clerk being
excused therefrom, and reconvened at 10:55 p.m.
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283..
COUNCIL ACTIONS
CLAIMS
(35) It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to direct legal staff to
complete the Claim in regards to Goodman vs. Counts, et al.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:56 p.m., to the next regular meeting date of
August 16, 1983, at 7:00 p.m., in the City Council Chamber.
ATTEST:
ANTHONY L. AND, MAYOR
Respectfully submitted,
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