81-1103_CC_Minutes_Regular MeetingOT
November 3, 1981
THE 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
Schwartze at 7:00 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: Phillip R. Schwartze, Mayor
Lawrence F. Buchheim
Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager;
E. Phillip Hale, Assistant City Manager/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.
MINUTES
Regular Meeting of October 6, 1981
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the Minutes of the Regular
Meeting of October 6, 1981, be approved as submitted.
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by
Councilman Friess that all Ordinances be read by title
only. The motion carried by the following vote:
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AYES:
NOES:
ABSENT:
Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
None
fk[1iL=1
PRESENTATIONS AND COMMENDATIONS
1. DONATION OF TREES (ANDY COOK
(36) There was a concurrence of Council to approve the
Commendation for Andy Cook of the Oak Tree Factory,
Ortega Highway, in appreciation for the donation of
50 California oak trees. The Commendation is
scheduled for presentation at a tree planting
ceremony at Arroyo Park on November 7.
2. COMMUNITY SERVICE (SEEGER)
(36) Council concurred in their approval of a Commendation
recognizing Al H. Seeger for his service to the
community. The Commendation will be presented by
Mayor Schwartze on Saturday, November 7, at the City
of Hope Harvest Ball.
ORAL COMMUNICATIONS
1. PARK NAMES - ALTO CAPISTRANO PARK AND ACU CANYON PARK
(62) Pauline Leonard, Parks and Recreation Commissioner,
spoke in support of the names of "Alto Capistrano
Park" and "Acu Canyon Park" as recommended by the
Commission.
written Communications:
(1) Report dated November 3, 1981, from the Director
of Recreation forwarding the Commission
recommendations for the following parksite
names, pursuant to Resolution No. 75-3-5-5:
Alto Capistrano Park, located at the
intersection of Camino Las Ramblas and Via
de Agua;
Acu Canyon Park, located at the
intersection of Camino Las Ramblas and
Avenida Pescador.
Approval of Park Names:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve
the park names, as recommended by the Commission.
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2. MEREDITH CANYON SLOPE DISTRICT
(74) Judy Jamroz, 33511 Calle Miramar, requested that a
meeting of the Board of Directors of the Meredith
Canyon Slope District be scheduled for consideration
of the following items:
(1) Placement of protective covering on the
slopes due to the upcoming rainy season.
(2) Appointment of a District advisory
committee.
(3) Repair work on the maintenance portion of
the District, or, establishment of a
landscape district.
With the concurrence of Council, Mayor Schwartze
directed that a meeting of the Board of Directors of
the Meredith Canyon Slope District be scheduled for
Tuesday, November 17th.
Joe Samuel, 33506 Via de Agua, stated that expediency
in repairing the slopes would be appreciated.
3. PRESENTATION - ANNUAL CITY TRAIL RIDE
(23) Don Hanna, 30161 Branding Iron Road, presented two
display boards of photographs taken during the 4th
Annual City Trail Ride to Caspers Park on October 4,
1981.
4. STORER CABLE TELEVISION, INC.
(43) Rene Collins, Manager of Storer Cable Television,
presented a list of recent service outages to the
Director of Administrative Services and advised that
4 of the outages had been caused by vandalism. Miss
Collins requested citizen assistance in notifying the
Sheriff's Department or Storer TV when vandals are
observed. Miss Collins also advised that all Storer
field employees are now in company cars, uniformed,
and carrying identification badges.
5. PRESENTATION - CITY DOCUMENTARY FILM
(34) Jeff Vasquez presented a framed copy of an article
appearing in Dawn Magazine entitled, "La Historia de
Capistrano," which describes the proposed documentary
film. Filming is anticipated to begin in December.
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04.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, and 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, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The Lists of Demands dated October 20, and
November 3, 1981, Warrant Register No. 82-042, in the
total amount of $629,599.69 and No. 82-051, in the
total amount of $125,619.99, were approved as
submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of
September 30, 1981, in the total amount of
$8,519,474.01, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report of 1911 Act Bond
Delinquencies as of September 30, 1981, in the total
amount of $36.07, was approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as
of September 30, 1981, was approved as submitted.
5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF
OCTOBER 26, 1981
(23) The Report of Actions taken by the Cultural Heritage
Commission at the meeting of October 26, 1981, was
ordered received and filed.
6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
OCTOBER 26, 1981
(23) The Report of Actions taken by the Equestrian
Commission at the meeting of October 26, 1981, was
ordered received and filed.
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7.
OF
05
RECREATION COMMISSION MEETING
(62) The Report of Actions taken by the Parks and
Recreation Commission at the meeting of October 19,
1981, was ordered received and filed.
M
TION COMMISSION
(23) Report of Actions taken by the Traffic and
Transportation Commission at the meetings of
October 14 and 28, 1981, was ordered received and
filed.
9.
DGE -
S CON
(74) Change Order No. 5, representing increased costs of
$8,678.32 for construction of the Descanso/Trabuco
Creek Recreational Bridge, as requested by Spiess
Construction, was approved as set forth in the Report
dated November 3, 1981, from the Director of Public
Works.
10. RELEASE OF GRADING BOND -
TRACT 10283 (bANDOLF)
(38) Staff was authorized to release the following Grading
Bond for Tract 10283, as requested by Landolf
Development, Inc., 34101 Via California:
Bond No. 2-110-488-11, issued by Ohio Casualty
Co., in the amount of $65,000.
11. ACCEPTANCE OF STORM DRAIN EASEMENT -
TRACT 11086 (CASITAS DEL RIO)
(85) The Easement for storm drain purposes in Tract 11086
was accepted for recordation from Tri -S Homes,
developers of Casitas del Rio, as set forth in the
report dated November 3, 1981, from the Director of
Public Works.
12. APPROVAL OF CONSTRUCTION PHASING AND
(85) The construction phasing program and release of
Certificates of Use and Occupancy for Tract 11086 was
approved as submitted by the developer, Ocean Park
Constructors, 2601 Ocean Park Boulevard, Santa Monica
90405, and as set forth in the report dated
November 3, 1981, from the Director of Public Works.
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13. CONSTRUCTION PHASING AND RELEASE OF
OCCUPANCY PERMITS, TRACT 11036 (BARTON)
(85) This matter was held over for consideration at a
later date, as requested by staff.
14. ACCEPTANCE OF STORM DRAIN EASEMENTS - —
PASEO DE LA PAZ HOMEOWNERS
(73) Staff was authorized to accept the storm drain
easements for recording from the owners of Lots 1
through 10, 12, 15, and 16, of Tract 6788, for the
construction of the Paseo de la Paz Storm Drain, as
set forth in the Report dated November 3, 1981, from
the Director of Public Works.
15. ACCEPTANCE OF SANITARY SEWER EASEMENT -
TRACT 11093 (THE GOEDEN COMPANY)
(85) The easement for sanitary sewer purposes from the
Goeden Company within Tract 11093 was accepted for
recording, as set forth in the Report dated
November 3, 1981, from the Director of Public Works.
The easement is adjacent to Rancho Viejo Road.
16. ACCEPTANCE OF ROAD AND PUBLIC UTILITI
(73) The easement for road and public utilities purposes
was accepted for recording from Ortega Venture as set
forth in the Report dated November 3, 1981, from the
Director of Public Works. The easement is located at
the northeast corner of Ortega Highway and Rancho
Viejo Road.
17. CLAIM FOR DAMAGES (STEMMLER)
(35) The Claim filed on September 29, 1981, by Zeman &
Sonnenschein on behalf of Frederick J. and Cherlye E.
Stemmler for alleged damages to the residence at
31102 Santa Margarita Place in the amount of $57,000,
was denied and referred to the City's Claims
Adjuster, Carl Warren Insurance, as set forth in the
Report dated November 3, 1981, from the City Clerk.
18. CONDITIONAL USE PERMIT 81-2 -
REVIEW OF CONDITIONS OF APPROVAL
(GIDDINGS PRODUCE STAND)
(39) The Report dated November 3, 1981, from the Director
of Community Planning and Development was ordered
received and filed, pursuant to Resolution
No. 81-4-21-2, thereby allowing the produce stand
operation at 28341 Ortega Highway to continue.
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19. CAMINO DEL AVION STORM DRAIN PHASE III -
NOTICE OF COMPLETION AND FINAL REPORT
(80) The following Resolution was adopted:
RESOLUTION NO. 81-11-3-1, COMPLETION OF
PHASE III - CAMINO DEL AVION STORN DRAIN - 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 PHASE III OF THE CAMINO
DEL AVION STORM DRAIN
The Resolution accepts the work completed by Ken
Thompson, Inc., and directs the City Clerk to forward
the Notice of Completion to the County Recorder
within 10 days.
Payment status is as follows:
Total Project Cost to Date: $388,884.82
Less 10% Retention - 38,888.48
Total Due to Date 349,996.34
Less Previous Payments -318,329.79
Amount Due this Payment $ 31,666.55
Staff was authorized to make the payments as
indicated; payment of the 108 retention was
authorized 35 days after recordation of the Notice of
Completion.
APPROVAL OF GRANT APPLICATION
VAN REPLACEMENT
(41) This item was removed from the Consent Calendar at
the request of Councilman Hausdorfer.
Written Communications:
(1) Report dated November 3, 1981, from the
Administrative Assistant to the City Manager,
requesting approval of an application for Senate
Bill 620 grant funds in the 1983-84 fiscal year
for the purpose of replacing the Senior
Citizens/Handicapped Van with a new vehicle.
The application requires a 20 percent match of
$8,000, is processed through the Orange County
Community Development Council, and carries no
obligation for participation at this time.
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Approval of Application:
It was moved by Councilman Hausdorfer, seconded
by Councilman Buchheim and unanimously carried
to approve the application by the Orange County
Community Development Council for a replacement
vehicle during the 1983-84 fiscal year.
TRAFFIC AND TRANSPORTATION COMMISSION
1. LA NOVIA AVENUE PARKING STUDY -
FORMATION OF STUDY COMMITTEE
(64) This item was heard early on the Agenda for the
benefit of members of the audience.
Written Communications:
(1) Report prepared for the meeting of September 15,
1981, was submitted by the Commission Secretary.
(2) Sixteen additional letters were received from
residents of the area expressing their concerns.
Formation of Committee:
(23) Council concurred with the suggestion of Mayor
Schwartze that a committee be formed of
representatives of the SunHollow Homeowners
Association, the Traffic and Transportation
Commission, City Council and staff to clarify the
issues and those involved. Mr. Ron Otterbein,
President of the Homeowners Association, was
requested to contact the Director of Public Works;
Councilman Friess requested that Traffic Commissioner
Haehn serve. The committee was charged with a goal
of reaching a consensus for submittal of a
recommendation to the City Council.
PUBLIC HEARINGS
APPEAL OF ZONE VARIANCE DECI
FRYAN
(85) Proposal:
An appeal of the decision made by the Planning
Commission on September 8, 1981, in denying Zone
Variance 81-25, a request for a setback reduction
from 30 feet to 20 feet and a reduction in project
area from 5 acres to 2 acres for property located at
the terminus of Don Juan Avenue. The project
includes construction of 10 townhouses and a
recreation center, which would require a zone change
from RD (Garden Home) to PRD (Planned Residential
Development).
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Appellant:
Thomas F. Fryan, 3335 Calle La Veta, San Clemente
92672, on behalf of Mission Valley Townhouses, Ltd.,
18600 Main Street, Suite 110, Huntington Beach 92648.
written Communications:
(1) Report dated November 3, 1981, from the Director
of Community Planning and Development forwarding
the recommendation of denial made by the
Planning Commission on September 8, 1981, based
on the findings that Don Juan Avenue will not
accommodate the additional traffic generated by
the project and that the proposal is not
consistent with the existing density of the
neighborhood.
Exhibits were on display, and Mr. Merrell made an
oral presentation. Ed Rugel, Traffic Engineer,
answered Council questions.
Public Hearing:
Notice having been given as required by law, Mayor
Schwartze opened the Public Hearing and the following
persons responded in support of the project:
1. Tom Fryan, appellant.
2. T. J. Meadows, 31241 Andres Pico.
3. Robert Spannegel, 716 Calle Divino, San
Clemente.
The following) persons spoke in opposition to the
project:
1. Paul Reichert, 31326 Don Juan Avenue.
2. Dennis Haehn, Member of the Traffic and
Transportation Commission.
3. Thomas Entwistle, 31382 Don Juan Avenue.
4. Mrs. Michael Isch, 31292 Ysidora.
5. Fred Tomlison, 31306 Don Juan Avenue.
6. E. S. Isch, 31292 Ysidora.
There being no further response, the Hearing was
closed.
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Denial of Tentative Tract Map Without Prejudice:
It was moved by Councilman Hausdorfer and seconded by
Councilman Friess that Tentative Tract Map 11138 be
denied without prejudice. The motion carried by the
following vote:
AYES: Councilmen Friess, Hausdorfer, and
Mayor Schwartze
NOES: Councilmen Bland and Buchheim
ABSENT: None
Staff was directed to clarify the street conditions
on Don Juan Avenue.
Denial of Zone Variance and Re -Zone:
It was moved by Councilman Friess and seconded by
Councilman Hausdorfer that the decision of the
Planning Commission be upheld and both Zone Variance
81-25 and Rezone 81-4 denied. The motion carried by
the following vote:
AYES: Councilmen Friess, Hausdorfer, and
Mayor Schwartze
NOES: Councilmen Bland and Buchheim
ABSENT: None
2. MUNICIPAL CODE AMENDMENT
ADDITION OF FM (FARM/MARKET) DISTRICT -
INTRODUCTION OF ORDINANCE 440
(68) Proposal•
The addition of Section 9-3.423.3, FM (Farm/Market)
District to Title 9 of the Municipal Code to allow
retail facilities oriented to agricultural operations
on parcels no larger than 4 acres, by creating an
appropriate zoning to promote the economic viability
of existing farm operations, thereby implementing
objectives of the Agricultural Preservation Program.
Table 2-1 (Consistency Matrix) and Table 3-1
(Development Standards) would also be amended.
Applicant:
Charles Vermeulen, 11591 Cielo Place, Santa Ana 92705.
Written Communications:
(1) Report dated November 3, 1981, from the Director
of Community Planning and Development setting
forth the background of the proposal.
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(2) Letter dated September 17, 1981, from Charles
Vermeulen, applicant and owner of the
agricultural property adjacent to Del Obispo
Street and Marco Forster Junior High School,
setting forth the zone change request.
Public Hearing:
Notice having been given as required by law, Mayor
Schwartze opened the Public Hearing and, there being
no response, declared the Hearing closed.
Approval of Code Amendment:
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 Friess
that the following ordinance be introduced:
ORDINANC NO. 440, AMENDMENT TO TITLE 9 OF THE
RUR
CIPA CODE - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION
9-3.423.3 TO THE MUNICIPAL CODE, PROVIDING FOR
AN FM (HARM/MARKET) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
3. REZONE 81-8 TO FM (FARM/MARKET) DISTRICT (VERMEUL
(INTRODUCTIO OF ORDINANCE NO. 441)
(95) Proposal:
A zone change, from AG (General Agriculture) to FM
(Farm/Market) for approximately 4 acres of land
located on toe east side of Del Obispo Street and
opposite Paseo de la Paz.
Applicant:
Charles Vermeulen, 11591 Cielo Place, Santa Ana
92705, the property owner.
Written Communications:
(1) Report dated November 3, 1981, from the Director
of Community Planning and Development forwarding
the recommendation made by the Planning
Commission on January 5, 1981.
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Public Hearing:
Notice having been given as required by law, Mayor
Schwartze opened the Public Hearing and, there being
no response, declared the Hearing closed.
Approval of Rezone 81-8:
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 Friess
that the following ordinance be introduced:
ORDINANCE NO. 441, REZONE 81-8 (VERMEULEN) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF A 4 -ACRE PARCEL LOCATED ON THE EAST
SIDE OF DEL OBISPO STREET OPPOSITE PASEO DE LA
PAZ FROM AG (GENERAL AGRICULTURE) TO FM
(FARM/MARKET). THE SITE IS INCLUDED WITHIN
AP #121-182-16.
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
4. TENTATIVE TRACT 11587 AND RESIDENTIAL CONCEPT PLAN
(AROSA DEVELOPMENT)
(85) Proposal:
Approval of Tentative Tract 11587 and residential
concept plans for the Forster Canyon Planned
Community, including preliminary grading, landscape,
site and conceptual park plans, and building
elevations, for approximately 9.8 acres of land
located between Via de Agua and the future extension
of Via California.
Applicant:
Arosa Development & Management, Inc., 2915 C. Red
Hill Avenue, Suite 106, Costa Mesa 92627, on behalf
of Capistrano Ascot Development, Inc., the property
owner.
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Written Communications:
(1) Report dated November 3, 1981, from the Director
of Community Planning and Development forwarding
the recommendation made by the Planning
Commission on September 22, 1981.
(2) Letter dated October 29, 1981, from the
applicant citing concerns with the conditions
for the park site, occupancy permit issuance,
and housing opportunity program.
Exhibits were on display, and Mr. Merrell made an
oral presentation.
Public Hearing:
Notice havingl,been given as required by law, Mayor
Schwartze opened the Public Hearing and the following
persons responded:
1. Ralh Spargo, representing the applicant,
reqtested that approval conditions be
amended so that dedication of the park site
and installation of grass and trees would
be n condition of Tract 11587, with
additional recreation facilities to be
conditions of Phase 2 and 3 development.
2. Regina Boen, 33721 Avenida Calita, cited
concerns with safety in the park area and
alo g Via de Agua and with timing for
com letion of landscape improvements.
There being
closed.
oval
eot P
further response, the Hearing was
11587 and Residential
It was moved�y Councilman Friess and seconded by
Councilman Ha sdorfer that the following Resolution
be adopted with an amendment to Condition 13 to
specifically (relate actual construction and park
improvements and with dedication and park
improvements to be accomplished within 5 years, and
an amendment to Condition 23 to provide that
occupancy per;its shall not be issued until grading
and landscaping of the adjacent slope on the abutting
Window Hill plroperty are complete.
RESOLUTION NO. 81-11-3-2, TENTATIVE TRACT 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11587.
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The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
5. APPROVAL OF LANDFORM CONTROL PLAN -
FORSTER CANYON PLANNED COMMUNITY (AROSA)
(85) Proposal:
Review of a Landform Control Plan for the "Window
Hill" and "Valley" areas of the Forster Canyon
Planned Community, pursuant to the Comprehension
Development Plan.
Applicant•
Arosa Development & Management, Inc., 2915 C. Red
Hill Avenue, Suite 106, Costa Mesa 92627.
Written Communications:
(1) Report dated November 3, 1981, from the Director
of Community Planning and Development.
Public Hearing:
Notice having been given as required by law, Mayor
Schwartze opened the Public Hearing and the following
persons responded:
1. Ralph Spargo, representing the applicant,
supported the proposal and stated that the
property would be posted with "No
Trespassing" signs to allow the Sheriff's
Department to enforce motorcycle
prohibitions on the property.
2. Charles DeCapite, 33501 Avenida Calita,
cited concerns with the grading plan, a
boundary greenbelt area, architectural
controls, and water pressure.
Approval of Landform Control Plan:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim that the following Resolution be
adopted:
RESOLUTION NO. 81-11-3-3 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE LANDFORM CONTROL PLAN
FOR THE FORSTER CANYON PLANNED COMMUNITY
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The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
Staff was directed to resolve problems with
motorcycle entry to the property with the developer.
ORDINANCES i
1. GLENDALE
IQ
1-
(95) Written Commu ications:
(1) Report dated November 3, 1981, from the City
Clerk, a vising that the Ordinance was regularly
introduced at the meeting of October 6, 1981,
and was Scheduled for adoption.
Adoption of Odinance No. 437:
The City atto ney read the title of the ordinance
next in order'. Further reading of all ordinances had
been waived a rlier in the meeting. It was moved by
Councilman Fress, seconded by Councilman Hausdorfer
that the fo'
il wing ordinance be adopted:
ORDINANCE NO. 437, REZONE 81-3 (GLENDALE FEDERAL
PLANNED OMMUNITY) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
OFFICIAL ZONING OF THE PROPERTY SHOWN ON EXHIBIT
"5," ATT CHED HERETO, FROM GM (GROWTH
MANAGEME T) AND IP (INSTITUTIONAL AND PUBLIC) TO
PC (PLAN ED COMMUNITY)
The motion carried by the following vote:
AYES: I Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
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2. PREZONE 81-6 - COAST BIBLE CHURCH ANNEXATION
(ADOPTION OF ORDINANCE NO. 438)
(21) Written Communications:
(1) Report dated November 3, 1981, from the City
Clerk, advising that the Ordinance was regularly
introduced at the meeting of October 6, 1981,
and was scheduled for adoption.
Adoption of Ordinance No. 438:
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. 438, PREZONE 81-6 (COAST BIBLE
CHURCH) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL
ZONING MAP TO INCLUDE THE IP (PUBLIC AND
INSTITUTIONAL) ZONING FOR ASSESSOR'S PARCEL
NO. 650-011-25 LOCATED ON THE SOUTH SIDE OF VIA
ESCOLAR (COAST BIBLE CHURCH)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
3. MOBILE HOME PARK REVIEW COMMITTEE -
14 C77-11r�w1 kr"M00M
(23) Written Communications:
(1) Report dated November 3, 1981, from the City
Attorney, recommending various revisions to City
regulations governing mobile home parks, the
repeal of previous ordinances, and the
consolidation of all regulations into one
ordinance.
Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to find
that adoption of the proposed ordinance as an urgency
measure would not have an impact on the environment
and to direct the City Clerk to file a Negative
Declaration.
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Adoption of Ordinance No. 439:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following ordinance be
adopted as an urgency measure:
COMMITTEE - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REPEALING ARTICLE,9 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE AND
ORDINANCES NUMBERED 412, 423, 425, 427 and 430,
AND ENACTING ARTICLE 9, CHAPTER 2, TITLE 2 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
The Ordinance took effect upon adoption.
RECESS AND RECONVENE
Council recessed at 10:07 P.M. and reconvened at 10:15 P.M.
RESOLUTIONS
1. JUNIPERO SERRA ROAD PRECISE ALIGNMENT
(83) Written Communications:
(1) Report dated November 3, 1981, from the City
Clerk forwarding a revised resolution describing
the precise alignment of Junipero Serra Road as
that area "from Interstate 5 to the west side of
the Atchison, Topeka & Santa Fe railroad
tracks," as directed by Council on October 6,
1981.
Adoption of R solution:
It was moved by Councilman Hausdorfer and seconded by
Councilman Bland that the following Resolution be
adopted:
RESOLUTION NO. 81-11-3-
EXT11NS1U - ALTERNATE / - A RESOLUTION OF THE
CITY COU CIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING ALTERNATE 7 BETWEEN
INTERSTATE 5 AND THE WEST SIDE OF THE AT&SF
RAILROAD RIGHT-OF-WAY AS THE BASIS FOR THE
EXTENSION OF JUNIPERO SERRA ROAD, AND RESCINDING
RESOLUTION NO. 81-9-15-1
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The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Schwartze
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Circulation Study Area:
(83) It was moved by Councilman Friess, seconded by
Councilman Hausdorfer and unanimously carried that,*
the circulation study of the northern portion of the
City encompass the area from Junipero Serra Road
south to Del Obispo Street.
BIDS, CONTRACTS, AGREEMENTS
1. RENEWAL OF HEALTH SERVICES AGREEMENT
(COUNTY OF ORANGE)
(38) Written Communications:
2.
Report dated November 3, 1981, from the
Administrative Assistant forwarding an Agreement
between the City and the County of Orange for the
provision of health services for the 5 -year period
ending June 30, 1986.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to
approve the Agreement as submitted.
SERVICES -
(57) Written Communications:
(1) Report dated November 3, 1981, from the
Administrative Assistant forwarding increased
fee schedules for animal control services,
pursuant to the revised County schedule.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by
Councilman Buchheim and unanimously carried to adopt
the fee schedules set forth in the following
Resolution, which amend the schedules set forth in
Resolution No. 76-10-6-1:
* added by City Council 11/17/81: "in addition to the area of study
previously authorized,"
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19
NO. 81-11-3-5, ANIMAL FACILITY I
AND FEE SCHEDULE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING RULES AND REGULATIONS
FOR ANIMAL FACILITIES AND ADOPTING A FEE SCHEDULE
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
3. ASSESSMENT D1STRICT 80-2 - AUTHORIZATION TO RECEIVE
(74) It was movedy Councilman Hausdorfer, seconded by
Councilman Buohheim and unanimously carried to
approve the proposed Agreement for Engineering
Services for Assessment District 80-2 and to
authorize staff to receive proposals, as set forth in
the Report dated November 3, 1981, from the Director
of Public Worlds.
4. PLANSAND SPE IFICATIONS AND CALL FOR BIDS
MAJOR STREET EPAIRS (VIA DE AGUA)
(83) It was moved by Councilman Hausdorfer, seconded by
Councilman Bu hheim and unanimously carried to
approve the plans and specifications for resurfacing
of Via de Aguaj with a cape seal from Paseo de Brillo
to Avenida Ca ita and to authorize staff to advertise
for bids, as set forth in the Report dated
November 3, 1981, from the Director of Public Works.
5. APPROVAL OF EASEMENT FOR MULTIMODAL TERMINAL
(88) It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to
approve the Easement from Antonin Bertolino, et al.,
to San Diego Gas & Electric Company to permit
construction olf underground electric and telephone
facilities in the area of the Multimodal Terminal, as
set forth in the Report dated November 3, 1981, from
the Director of Public Works.
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20
ADMINISTRATIVE ITEMS
1. SOUTH COUNTY SHERIFF SERVICES
(70) Written Communications:
Report dated November 3, 1981, from the City Manager
forwarding an outline of law enforcement services
provided to the City by the Sheriff's Department.
Council commended the Department on the services
provided and stated support for the establishment of
a South County station with holding facilities.
Captain Ferlauto advised that a 6 -member narcotics
unit had been added to the substation personnel.
The report was ordered received and filed.
2. AIRCRAFT - REGULATIONS FOR
(39) Written Communications
Report dated November 3, 1981, from the City Manager
forwarding a proposed ordinance regulating airborne
craft within the City and prohibiting take -off or
landings by aircraft, gliders, balloons, helicopters,
and parachutes, except at an established airport or
heliport.
Introduction of Ordinance No. 442:
It was moved by Councilman Buchheim and seconded by
Councilman Friess that the following Ordinance be
introduced with the inclusion of cropdusting
operations as an exempt use:
ORDINANCE NO. 442, PROHIBITION OF FLIGHT - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.304 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE BY ADDING
PROVISIONS RELATING TO AIRBORNE CRAFT
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
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11/3/81
21
3. CABLE TELEVISION SERVICE AREA - TRACTS 11036 and 11086
(43) Written Communications:
4.
Report dated November 3, 1981, from the Director of
Administrative Services advising that Storer Cable
Television has requested approval of the addition of
Tract 11086 (Casitas del Rio) and Tract 11036 (Valle
Pacifica) to their service areas, pursuant to
Section 7-2.05 (a) of the the Municipal Code.
Approval of S rvice Areas:
It was moved Dy Councilman Buchheim, seconded by
Councilman Ha sdorfer and unanimously carried to
approve the r quested additions to the designated
service areas of Storer Cable Television, Inc.
[SION FRANCHISE
(43) Written Commu ications:
(1) Report dated November 3, 1981, from the Director
of Administrative Services providing a
backgrou d review of the franchise granted to TM
Cablevision for the provision of cable television
services and the application of rules and
regulations established by Ordinance No. 327.
(2) Letter dated October 29, 1981, from Joni Denny,
DistrictlManager, TM Cablevision, 27611 La Paz
Road, Laguna Niguel 92677, advising that
requeste documentation will be provided by
November 7.
Approval of R ort•
It was moved Dy Councilman Hausdorfer, seconded by
Councilman Bu hheim and unanimously carried to
determine that TM Cablevision (OCCCC) is abiding by
certain secti ns of the Municipal Code and that
consideration of franchise termination is no longer
applicable.
5. PROPOSED GRADICNG/STOCKPILE PLAN
(FAINBARG DAV S DEVELOPMENT)
(25) Written Commuiications:
(1) Report dated November 3, 1981, from the Director
of Commu ity Planning and Development regarding
the prop sed stockpile of approximately 85,000
cubic yards of earth on property located
adjacent, to Camino Capistrano at the south City
limits.
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22
(2) Supplemental Report dated November 3, 1981, from
the Director of Public Works advising that flood
plan information had been received from
Williamson & Schmid, civil engineers, and that
the plans had been found to be technically
correct.
Applicant•
Davis Development, 1400 Bristol Street North, Newport
Beach 92660.
Staff advised that development had not been received,
that the stockpile of fill material would be
inconsistent with City policy, and the stockpile
would inhibit design options for future development
applications.
Mr. Davis addressed the Council in support of the
request and advised that the intent was to construct
a small business park, with the portion of the
project within the City to be developed prior to
the unincorporated County portion, that the fill
material is decomposed granite, and that the
completed operation would raise the level of the
site approximately 2 feet.
Continuation to November 17:
Due to possible noise and dust impacts on the
residents of the adjacent mobile home park, there was
a concurrence of Council that the matter be held over
to the meeting of November 17, and that staff be
directed to notify the residents of the Villa San
Juan mobile home park and the members of the Mobile
Home Park Review Committee. In addition, Council
advised that the action does not indicate approval of
any future plans or conditions of approval of any
development on the site.
6. REQUEST FOR QUITCLAIM OF ROAD EASEMENT
SACARAMA LANE (BROWN)
(73) Written Communications:
Report dated November 3, 1981, from the Director of
Public Works regarding the request of Michael Brown
for quitclaim and abandonment of the irrevocable
offer to dedicate a road easement on Sacarama Lane.
The Director of Public Works advised that an
additional report will be submitted to Council in
January of 1982.
With the concurrence of Council, Mayor Schwartze
ordered the report received and filed.
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11/3/81
23
7. APPROVAL OF OSO ROAD REPAIR
(83) Written Communications:
Report dated November 3, 1981, from the Director of
Public Works regarding the repair of Oso Road at the
crossing of Tr,abuco Creek.
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve
the repair of ',Oso Road at a cost of $25,000 to be
allocated from the Contingency Reserve.
8. APPROVAL OF P OJECT COMMITTEE NO. 11 -
DESIGN OF REGIONAL SOLIDS TREATMENT CENTER (SERRA)
(79)
tions:
Public Works.
, 1981, from the Director of
Approval of Design Phase Expenditure:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to approve
an expenditure of $72,000 for the City's share of the
design phase of the SERRA Regional Solids Treatment
Center (Project Committee No. 11) and to authorize
the transfer of $52,000 from the Sewer Enterprise
Fund to Project Committee No. 11.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSIO
1. REPORT OF MEETINGS OF OCTOBER 13 AND 27, 1981
(67) The report of factions taken by the Planning
Commission at the meetings of October 13 and 27,
1981, were ordered received and filed.
TRAFFIC AND TRANSPORTATION COMMISSION
1. ADDITION TO TIIE MUNICIPAL CODE -
PROVISIONS FO HANDICAPPED PARKING
(63) Written Communications:
Report dated November 3, 1981, from the Commission
Secretary forwarding a proposed ordinance, as
recommended by the Traffic and Transportation
Commission on September 23, 1981.
Introduction of Ordinance No. 443:
The City Attorney read the title of the ordinance
next in order. Further reading of all ordinances had
-23- 11/3/81
24
been waived earlier in the meeting. It was moved by
Councilman Friess, seconded by Councilman Buchheim
that the following ordinance be introduced:
ORDINANCE NO. 443, PHYSICALLY HANDICAPPED
PARKING - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING SECTION 4-6.322
TO THE MUNICIPAL CODE, ESTABLISHING ON AND
OFF-STREET PARKING SPACES FOR EXCLUSIVE USE OF
HANDICAPPED PERSONS WHOSE VEHICLES DISPLAY A
DISTINGUISHING LICENSE PLATE PURSUANT TO THE
REQUIREMENTS OF SECTIONS 9105, 21107.8, 22507.8
AND 22511.5 C.V.C.
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
2. TRAFFIC CHANNELIZATION, JUNIPERO SERRA ROAD -
(83) Written Communications:
Report dated November 3, 1981, from the Commission
Secretary forwarding the recommendations made by the
Traffic and Transportation Commission on June 10,
1981.
There was a consensus of Council to receive the
report pending additional review by the Commission.
EQUESTRIAN COMMISSION
1. FINAL REPORT - 1981 TRAIL RIDE
(23) Written Communications:
(1) Report dated November 3, 1981, from the City
Clerk/Equestrian Commission Secretary
summarizing the City Trail Ride to Caspers Park
held on October 4, 1981, and sponsored by the
Equestrian Commission. A total of 222 persons
participated in the Ride, which resulted in net
receipts of $1,149.71 to be allocated to the
Trail Ride Trust Account for the acquisition,
development, and maintenance of equestrian/ -
hiking trails in the City.
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25
There was a consensus of Council that the report be
received and filed. Mrs. Hanover and those persons
assisting with the Ride events were commended for the
success of the project.
COUNCIL REMARKS ANR COMMITTEE REPORTS
1. LEAGUE OF CAL,FORNIA CITIES,
CONFERENCE REPORT
(61) Written Communications:
(1) Report dated October 26, 1981, from Mayor
Schwartzq, summarizing activities and items of
interestito the City in conjunction with the
Annual L ague of California Cities Conference,
October 7 - 20, 1981. The report was ordered
received and filed.
2.
(23) It was moved by Councilman Buchheim, seconded by
Councilman B1 nd and unanimously carried that
Mr. Edward P. Nelson, 26512 Paseo San Gabriel, be
appointed to fill the existing vacancy on the Mobile
Home Park Review Committee.
3. BEAR BRAND RA CH DEVELOPMENT
(85) Councilman Bland cited a letter dated October 6,
1981, from Robert O. Hill regarding the filing of a
tentative parcel map for Lot 4, Bear Brand Ranch,
with the County of Orange and suggested close
monitoring of the development. Mr. Bland noted the
lack of response from Mr. Hill to the City's request
that the property be posted with "No Trespassing"
signs so that motorcycle use may be prohibited.
4. ORTEGA HIGHWAY TRAFFIC CONDITIONS
(44) Councilman Bland requested that a staff report be
submitted on Ortega Highway conditions and suggested
that Assemblywoman Bergesen be contacted for
assistance.
5. HIGH SCHOOL SITES
(78) Council concurred with the request of Councilman
Friess that a istaff report be submitted for the
meeting of November 17 on the status of Senate Bill
201 funding foir school facilities.
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M
6. C. RUSSELL COOK PARK - GRADING
(62) It was moved by Councilman Friess, seconded by Mayor
Schwartze and unanimously carried that staff be
directed to contact Fred Jones regarding grading in
San Juan Creek and protective measures for the park
area, due to the graded, lowered level of the site.
There was a consensus of Council that temporary,
remedial grading be done as a protective measure due
to the upcoming rainy season.
7. ADVERTISING SIGNS
(25) Councilman Friess noted there are illegal signs
displayed at various locations in the City and
requested staff follow-up.
8. 10-K RUN
(62) Councilman Friess expressed appreciation to the
Director of Recreation, Director of Public Works and
the City staff for their assistance with the 10-K Run.
9. COMMUNITY FUNCTIONS
(34) Councilman Hausdorfer advised that the Historical
Society Program for November 5 would be on the
History of Flight.
Mayor Schwartze noted that the City of Hope Annual
Ball would be held November 7 and that the Cerebral
Palsy Association dinner would be held November 21.
CLOSED SESSION
Council recessed to Closed Session at 11:33 P.M. for
discussion of personnel and legal matters, the City Clerk
being excused therefrom, and reconvened at 11:40 P.M.
COUNCIL ACTIONS
1. MULTIMODAL TERMINAL, CHANGE ORDER #1
(38) It was moved by Councilman Friess, seconded by
Councilman Buchheim and unanimously carried to
approve Change Order #1 to the Multimodal Terminal
Agreement in an amount not to exceed $10,000. The
Change Order is for plans, specifications and
construction supervision to be undertaken by John
Greenwood.
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11/3/81
427
2. CITY MANAGER'S AGREEMENT
(33) It was moved by Councilman Friess, seconded by
Councilman Hausdorfer and unanimously carried to
approve Item A of the Agreement with Stephen B.
Julian, City Manager, dated June 9, 1981.
ADJOURNMENT
There being no further business before the Council, the
meeting was adjourned at 11:42 P.M. to the next regular
meeting date of Tuesday, November 17, 1981.
Respectfully submitted,
�/C,gI. / i�i.�
ATTEST:
iniuLir n. ..a�.urwri�i yu, a-uai vas
by
LAWRENCE F. BUCHHE$M, MAYOR PRO TEMPORE
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