82-0119_CC_Minutes_Regular MeetingJANUARY 19, 1982
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular
Capistrano,
7:00 P.M.,
Allegiance
Mission San
ROLL CALL
95
Meeting of the City Council of the City of San Juan
California, was called to order by Mayor Schwartze at
in the City Council Chamber, followed by the Pledge of
to the Flag. Invocation was given by Father Paul Martin,
Juan Capistrano.
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.
DEDICATION OF MEETING (DAN RIOS
(36) The Council Meeting was dedicated to the memory of Dan Rios,
sixth generation native of San Juan Capistrano, who passed
away on January 14.
MINUTES
Regular Meeting of January 5, 1982
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of January 5, 1982,
be approved as submitted. The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Friess,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Bland
that all Ordinances be read by title only. The motion carried by
the following vote:
-1- 1/19/82
Q
AYES: Councilmen Buchheim, Bland, Friess,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. CAPISTRANO TERRACE MOBILE HOME PARK - WATER SERVI
(25) Kathryn McDonnelley, resident of the Capistrano Terrace Mobile
Home Park, requested review of the number of fire hydrants to
be installed at the Park, cited instances of water service
outages, and expressed appreciation for the response of the
Fire Department during a recent fire.
There was a consensus of Council that staff be directed to
prepare an off -agenda report, with a copy to Mrs. McDonnelley,
setting forth the timing for construction of water facilities
and providing information on the water outages.
2. CAPISTRANO GARDEN HOMES - OUTDOOR LIGHTING
(53) Jason Spence, President, Capistrano Garden Homeowners
Association, addressed the Council regarding need for
outdoor lighting facilities and the use of sodium vapor
lights preferred by San Diego Gas and Electric.
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 Buchheim, Bland, Friess,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The List of Demands dated January 19, 1982, Warrants Register
No. 82-072, in the total amount of $780,407.51, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of December 31,
1981, in the total amount of $8,179,474.01, was approved as
submitted.
-2- 1/19/82
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
9�
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies as
of December 31, 1981, in the total amount of $709.62, 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
December 31, 1981, will be submitted on February 2.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF JANUARY 11. 1982
(23) The Report dated January 19, 1982, from the Secretary of the
Equestrian Commission regarding actions taken at the meeting
of January 11, 1982, was ordered received and filed.
6. AGREEMENT FOR MAINTENANCE OF DECORATIVE BLOCK WALL,
LOT 28, TRACT 9578 (ZIELKE)
(38) The Agreement between the City of San Juan Capistrano and
Charles E. and Roberta A. Zielke for the maintenance of a
decorative block wall within a City Sanitary Sewer Easement
was approved; the Mayor and City Clerk were authorized to
execute the Agreement as set forth in the report dated
January 19, 1982, from the Director of Public Works.
HEARINGS
1. PROPOSED RENT INCREASE (RANCHO ALIPAZ MOBILE ESTATES)
(23) Proposal:
A hearing on the findings of the Mobilehome Park Review
Committee of November 10, 1981, that a rent increase
proposed by the owner of Rancho Alipaz was in excess of
the maximum permitted by Ordinance No. 439.
Written Communications:
(1) Report dated January 19,
forwarding a computation
Increase pursuant to the
1982, from the City Attorney
of Maximum Allowable Rent
formulae of Ordinance No. 439.
Hearing:
Notice having been given, Mayor Schwartze opened the Hearing,
and the following persons responded:
1. Gerald R. Gibbs, Attorney representing residents of
Rancho Alipaz Mobile Estates, 110 E. Palizada, Suite
202, San Clemente, California 92672, concurred with the
percentage increase of 8.963 allowed by Formula No. 2,
Modified Cost of Living, stated that the increase
should be effective January 1, 1982, and provided a
copy of the Amendments to Lease Agreement to the City
Clerk.
-3- 1/19/82
F
^ '2. Joseph R. Austin of Tuttle and Taylor, 609 South Grand
AX3 Avenue, Los Angeles 90017, Attorneys for Rancho Alipaz
Mobilehome Park Ltd., stated opposition to the
recommendation of the Committee and cited his letter of
January 18 requesting that an increase of 15.1% be
permitted retroactive to December 1, 1981.
There being no further response, the Hearing was closed. -
Approval of Increase:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess and unanimously carried to establish 8.96% as the
maximum allowable rent increase as of December 1, 1981.
Ed Dailey, resident of Rancho Alipaz and Associate Director
of the Golden State Mobilehome League, expressed appreciation
for the Council action.
ORDINANCES
1. AMENDMENT TO FORSTER CANYON PLANNED COMMUNITY -
ADOPTION OF ORDINANCE NO. 446
(85) Written Communications:
(1) Report dated January 19, 1982, from the City Clerk,
advising that the Ordinance was regularly introduced at
the meeting of January 5, 1982, and was scheduled for
adoption.
Adoption of Ordinance No. 446:
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 adopted:
ORDINANCE NO. 446, AMENDMENT TO FORSTER CANYON
PLANNED COMMUNITY - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
FORSTER CANYON PLANNED COMMUNITY ADOPTED BY
ORDINANCE NO. 418
The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Friess,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
-4- 1/19/82
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR ASSESSMENT, ENGINEERING AND LEGAL
SERVICES - ASSESSMENT DISTRICT 80-2
(MC CRACKEN HILL)
(74) Written Communications:
(1) Report dated January 5, 1982, from the Director of
Public Works and resubmitted on January 19, 1982,
forwarding a proposed letter -agreement from Willdan
Associates for joint venture services with the law firm
of Brown and Nazarek.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to approve the
letter -agreement between the City and Willdan Associates and
to authorize the Mayor and City Clerk to execute the Agreement
on behalf of the City.
2. AGREEMENT FOR DESIGN ENGINEERING SERVICES
ASSESSMENT DISTRICT 80-2
(MC CRACKEN HILL)
(74) Written Communications:
(1) Report dated January 5, 1982, and resubmitted on
January 19, 1982, from the Director of Public Works
forwarding a proposed Agreement for Design Engineering
Services with Berryman and Stephenson, Incorporated for
design of the sewer system for the Mc Cracken Hill
Assessment District.
Approval of Agreement:
It was moved by Councilman Hausdor£er, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
between the City and Berryman and Stephenson, Incorporated
and to authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
In response to Councilman Bland, the Director of Public
Works advised that issues raised on January 5th by Mr. Klein
and Mrs. Campbell had been resolved.
CITY MANAGER
1. REPORT ON AMTRAK
(88) Written Communications:
Report dated January 19, 1982, from the City Manager
providing a review of the rail conference to take place on
January 21, 1982, a special train from Los Angeles to
San Diego to promote Amtrak and to showcase existing and
proposed stations along the Los Angeles - San Diego corridor.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
-5- 1/19/82
r
1 () p
-DIRECTOR OF
COMMUNITY PLANNING AND DEVELOPMENT
1. APPEAL OF PLANNING COMMISSION ACTION, LOT 6,
TRACT 6305 - HUNT CLUB - (HALL/RICKMAN)
(85) Written Communications:
(1) Report dated January 19, 1982, from the Director of
Community Planning and Development regarding a grading
plan for a built -for -future -sale custom home with
accessory structures for Lot 6, Tract 6305 (Hunt Club).
The Planning Commission had denied the request on
November 24, 1981.
(2) Letter dated December 15, 1981, from Wayne Penny, Jr.,
Architect, AIA, 32432 Alipaz Street, Suite I, San Juan
Capistrano, California 92672, representing Robert Hall
and Thomas Rickman, in opposition to the Planning
Commission decison.
Exhibits were on display, and the Director of Community
Planning and Development made an oral presentation.
Wayne Penney, Jr., representing the appellants, provided
photographs and exhibits of the landscape plan, and spoke in
support of the appeal.
Jim Atkins, representing the Planning Commission, advised
that the concerns were with the proposed graded reduction of
the knoll area and that the original grading plan was pursuant
to agreement between the City and the developers of the Hunt
Club.
David A. Hanson, 31171 Calle del Campo, President of the
Mission Glen Homeowners Association, stated opposition to
the proposed tennis court and grading.
Denial of Appeal:
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried to deny the requested
modification to the approved grading plan for Lot 6, Tract
6305, and to confirm the action of the Planning Commission.
2. REVIEW OF SMYTH DEVELOPMENT PLANS
(85) This item was continued to February 2, 1982, as requested by
staff.
3. STREET NAMES FOR CONNEMARA
(85) Written Communications:
- TRACT 9784
(1) Report dated January 19, 1982, from the Director of
Community Planning and Development regarding a
reconsideration of the denial by Council of proposed
changes in street names for the Connemara project at
the extension of Camino Las Ramblas.
-6- 1/19/82
(2) Letter dated January 8, 1982, from John D. Murphy, 1 O
Moreland Development Company, 1717 State College Blvd.,
Suite 280, Anaheim, California 92806, requesting an
opportunity to submit arguments in favor of the new
street names for the Connemara project.
Mr. Murphy addressed the Council and urged approval of the
street names, as submitted.
Council noted concern with difficulty in pronouncing certain
proposed street names.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted authorizing
the street names previously approved by staff:
RESOLUTION NO. 82-1-19-1, APPROVING REVISION OF
STREET NAMES - TRACT 9784 (MORELAND) - A RESOLUTION
OF THE CIY OF SAN CAPISTRANO, CALIFORNIA, REVISING
THE NAMES OF VARIOUS STREETS LOCATED IN TRACT 9784
(MORELAND DEVELOPMENT, INC.)
The Resolution was adopted by the following vote:
AYES: Councilmen Buchheim, Bland, Friess,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
DIRECTOR OF RECREATION
1. C. RUSSELL COOK PARK, STATUS REPORT, PHASE 1-A
(62) Written Communications:
Report dated January 19, 1982 from the Director of Recreation
setting forth the status of construction of Phase 1-A of
C. Russell Cook Park.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JANUARY 12, 1982
(67) The report of actions by the Planning Commission at the
meeting of January 12, 1982, was ordered received and filed.
-7- 1/19/82
1 0 2 COUNCIL ACTIONS
1. APPOINTMENT TO THE EQUESTRIAN COMMISSION
(23) This item was continued to February 2, 1982.
2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE
GAME MACHINE ARCADES (URGENCY)
(39) Written Communications:
Council was provided with copies of a proposed Ordinance
regulating game machine arcades.
Adoptinoof Ordinance No. 447:
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. 447, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - GAME MACHINE ARCADES (URGENCY) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-3.414 AND 9-3.419
OF THE MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE
PERMIT FOR THE ESTABLISHMENT OF GAME MACHINE
ARCADES (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Buchheim, Bland, Friess,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
The Ordinance will be effective for a 4 -month period of time,
unless extended pursuant to Section 65858 of the Government
Code.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. AMERICAN LEGION
(61) There was a concurrence of Council that Councilman Buchheim
coordinate the request to fly the American Flag on Camino
Capistrano.
2. CITY RETREAT
(32) There was a consensus of Council to approve Planning
Commissioner Jim Atkins' attendance at the January 22-23
City retreat.
-8- 1/19/82
103
3. TRAFFIC SIGNALS, DEL OBISPO STREET
(82) There was a concurrence of Council that the City Manager
arrange a meeting with Sheriff, California Highway Patrol,
and Council representatives for report back by February 16,
1982, regarding traffic signalization on Del Obispo Street
and approaches to the I-5 Freeway.
4. ORTEGA PROPERTIES
(85) Councilman Hausdorfer suggested that a letter be prepared for
the Mayor's signature and sent to Ortega Properties expressing
appreciation for the opening festivities.
5. ST. VINCENT DE PAUL
(39) Councilman Friess requested that Staff continue enforcement
of conditions at the St. Vincent de Paul facility on Camino
Capistrano.
6. SIGNS - COUNTRY HILLS ESTATES
(25) Councilman Friess requested that a letter be written regarding
the advertising signs.
7. DOWNTOWN PARKING DISTRICT
(68) Councilman Friess requested an off -agenda Staff Report regarding
the downtown parking district.
8. CALTRANS PARK AND RIDE FACILITY
(27) Mayor Schwartze requested that a copy of the Staff Report
regarding the proposed Caltrans Park and Ride Facility be
forwarded to Brad Gates and Walt Cappello.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 9:10 P.M. to the next regular meeting date of Tuesday,
February 2, 1982, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
�/�i' A o,
MARY N OVER, CITY CL K
ATTEST:
PHILLIP R SCHWARTZE, MAYO
-9- 1/19/82