82-0216_CC_Minutes_Regular Meeting119
FEBRUARY 16, 1982
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
7:02 P.M., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Councilman
Gary L. Hausdorfer.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Kenneth E. Friess, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works; Larry Lawrence,
Senior Planner; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
Regular Meeting of February 2, 1982
It was moved by Councilman Hausdorfer, seconded by Councilman Bland
that the Minutes of the Regular Meeting of February 2, 1982, be
approved with the following addition to Page 3, Paragraph entitled
"Request for Delay/Public Hearing Date:" Add the words ". . . that
the property owner does not support." at the end of the penultimate
sentence. The motion carried by the Following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Bland, seconded by Councilman Hausdorfer
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
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PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF COMMENDATION (WAYNE PENNY)
(23) In recognition of Wayne Penny's service to the Architectural
Board of Review from May 4, 1977, to his resignation on
February 1, 1982, the following Resolution was adopted:
RESOLUTION NO. 82-2-16-1, COMMENDING WAYNE E. PENNY, JR. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, COMMENDING ARCHITECTURAL BOARD
OF REVIEW MEMBER WAYNE E. PENNY, JR.
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
Mayor Schwartze presented the Resolution to Mr. Penny
with appreciation.
2. PROCLAMATION AND RESOLUTION OF SUPPORT FOR CITIZENSHIP
(SAMUEL C. WILLETT)
(77) Mayor Schwartze suggested that it would be appropriate for
the City to support the efforts of the David Willett family
in their efforts to prevent the deportation of their adoptive
son Samuel.
Proclamation of Honorary Citizenship:
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer and unanimously carried to authorize the Mayor
to issue a Proclamation designating Samuel C. Willett as an
Honorary Citizen of San Juan Capistrano.
Resolution of Support:
It was moved by Councilman Buchheim and seconded by Councilman
Hausdorfer that the following Resolution be adopted:
ION NO. 82-2-16-2. SUPPORTING HOUSE
SAN YJUAN +CAPISTRANO,vCALIFORNIA, SUPPORTING HOUSE
RESOLUTION 4556 - FOR THE RELIEF OF SAMUEL C. WILLETT
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
Staff was directed to forward copies of the Resolution to
Congressman Robert H. Badham and to the Willett family.
WRITTEN COMMUNICATIONS
1. REQUEST FOR RATE INCREASE
(TM CABLEVISION)
(43) Letter dated February 1, 1982, from Joni Denny, District
Manager, TM Cablevision, 27611 La Paz Road, Laguna Niguel
92677, requesting adjustments effective March 1, 1982, to
the existing rate table for its operation in the City, in
accordance with Ordinance No. 149, Section 16.
With the concurrence of Council, Mayor Schwartze referred
the letter to staff for review and report.
2. REQUEST FOR SPECIAL PROJECT FUNDS, SPECIALTY MAP
(29) Letter dated January 25, 1982, from Lou Costea, San Juan
Capistrano Chamber of Commerce, 31882 Camino Capistrano,
San Juan Capistrano 92675, requesting City funding for the
initial printing of a specialty map of San Juan Capistrano
to be distributed by the City, Chamber, Historical Society,
and Mission.
Mr. Costea addressed the Council in support of the project
sponsored by the Chamber's Economic Development Committee
and Chairman Rita Casteel.
Approval of Request:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to authorize funding in
the total amount of $3,709, consistent with the City's
support of the business community; the Chamber was encouraged
to provide the funding of future map reprints.
CONSENT CALENDAR
It was moved by Councilman Bland, 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:
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AYES: Councilmen Hausdor£er, Bland, Buchheim,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 16, 1982, Warrants
Register No. 82-082, in the total amount of $318,118.68,
was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of January 31,
1982, in the total amount of $8,279,474.01, 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 January 31, 1982, in the total amount of $716.92, 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
January 31, 1982, was approved as submitted.
5. REPORT OF EQUESTRIAN COMMISSION MEETING OF FEBRUARY 8, 1982
(23) The report dated February 16, 1982, from the Secretary of
the Equestrian Commission regarding actions taken at the
meeting of February 8, 1982, was ordered received and filed.
6. PARK IRRIGATION EASEMENT DEED -
(ORTEGA PROPERTIES/C. RUSSELL COOK PARK, CALLE ARROYO)
(73) An Easement for water line purposes to serve a portion of
C. Russell Cook Park, was granted to Ortega Properties.
The City Clerk was directed to record the easement deed.
7. WAIVER OF FILING FEES - ZONE VARIANCE 82-6
(ST. VINCENT DE PAUL'S THRIFT STORE)
1
(95) The waiver of filing fees in the amount of $50.00 for the
processing of a zone variance for The Society of St. Vincent
de Paul, a nonprofit charitable organization serving the
community, was approved. The variance is for a rear yard
setback to allow construction of a storage area at
32232-34 Camino Capistrano, as requested by the City.
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8. WAIVER OF FILING FEES - REZONE 82-1
(CALTRANS PARK AND RIDE FACILITY)
(95) The waiver of filing fees in the amount of $1200.00 for
the processing of a zone change and site plan for the
Caltrans Park -&-Ride facility in the vicinity of the I-5
Freeway and Junipero Serra Road was approved, since City
processing was not a requirement.
PUBLIC HEARINGS
1. RESIDENTIAL ALLOCATION SCHEDULE - 1982 - 1985
(28) Proposal:
Adoption of the Residential Allocation Schedule for the
years 1982, 1983, 1984, and 1985 pursuant to Chapter 9-7
of the Municipal Code and growth management provisions.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
(1) Report dated February 16, 1982, from the Director of
Community Planning and Development forwarding the
recommendation of approval made by the Planning
Commission on January 26.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and the following persons responded:
1. Wade Cable, representing Fredricks Development
Corporation, advised that he was present to
answer any questions.
There being no further response, the Hearing was closed.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim to adopt the following Resolution:
RESOLUTION NO. 82-2-16-3 RESIDENTIAL ALLOCATION
SCHEDULE: 1982-1985 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A RESIDENTIAL ALLOCATION SCHEDULE FOR THE
YEARS 1982, 1983, 1984, and 1985 IN ACCORDANCE WITH
CHAPTER 9-7 OF THE MUNICIPAL CODE
The Resolution approves residential building permit allocations
as follows:
1982 399
1983 395
1984 375
1985 365
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ORDINANCES
1. REZONE 82-1, CALTRANS PARK AND RIDE FACILITY
(ADOPTION OF ORDINANCE NO. 448)
(95) Written Communications:
(1) Report dated February 16, 1982, from the City Clerk, _
advising that the Ordinance was regularly introduced
at the meeting of February 2, 1982, and was scheduled
for adoption.
Adoption of Ordinance No. 448:
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. 448. REZONE 82-1 (CALTRANS - PARK
6NU nC Lib) - AN UAU.L1N1UT-,1:. US! '1'nh U1TY Ul'bR14 JUP.1V
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF A .92 -ACRE PARCEL LOCATED AT THE SAN DIEGO
FREEWAY INTERCHANGE OF JUNIPERO SERRA ROAD AT RANCHO
VIEJO ROAD FROM GM (GROWTH MANAGEMENT) TO IP
(PUBLIC INSTITUTION) (CALTRANS - PARK AND RIDE)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
2. AMENDMENT TO THE MUNICIPAL CODE - ADMINISTRATIVE
(69) Written Communications:
(1) Report dated February 16, 1982, from the City Clerk,
advising that the Ordinance was regularly introduced
at the meeting of February 2, 1982, and was scheduled
for adoption.
Adoptinoof Ordinance No. 449:
The City Attorney read the title of the Ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer that the
following Ordinance be adopted:
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125
ORDINANCE NO. 449, ADMINISTRATIVE HEARINGS PROCEDURES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, ADDING
CHAPTER 6 TO TITLE 1 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
3. AMENDMENT TO THE MUNICIPAL CODE - PARKING ZONES FOR
THE PHYSICALLY HANDICAPPED (ADOPTION OF ORDINANCE NO. 450)
(64) Written Communications:
(1) Report dated February 16, 1982, from the City Clerk,
advising that the Ordinance was regularly introduced
at the meeting of February 2, 1982, and was scheduled
for adoption.
Adoption of Ordinance No. 450:
The City Attorney read the title of the Ordinance next
in order. Further reading of all ordinances had been
waived earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Bland that the following
Ordinance be adopted:
ORDINANCE NO. 450, RESTRICTED PARKING ZONES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 4 OF THE MUNICIPAL CODE -
establishing parking zones restricted as to occupancy
The motion carried by the following vote:
AYES. Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
ADMINISTRATIVE ITEMS
1. NEIGHBORHOOD WATCH PROGRAM
(70) Written Communications:
Report dated February 16, 1982, from the Assistant to the
City Manager forwarding a proposed program for Neighborhood
Watch community forums as a burglary prevention measure.
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1 2 6 Approval of Program:
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer and unanimously carried to authorize staff to
implement the Neighborhood Watch community forums in
cooperation with the Orange County Sheriff's Department and
to authorize an expenditure not to exceed $3,000.00 from
the City Council Specialized Services Fund for costs of -
printing and mailing notices to residents.
Mayor Schwartze requested that the press and cable television
companies give notice of the forums.
GENERAL AVIATION AIRPORT - PUBLIC HEARING DATE
(88) Written Communications:
Report dated February 16, 1982, from the City Manager.
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried that the Public Hearing on
site locations for a South County General Aviation Airport
be rescheduled from Tuesday, March 2, 1982, to Wednesday,
March 3, 1982, at 7:30 P.M. at the Marco Forster Junior
High School Cafetorium, in order to allow additional public
participation.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. ANNEXATION (LACOUAGUE)
(21) Written Communications:
Report dated February 16, 1982, from the Director of
Community Planning and Development forwarding a proposed
Resolution approving the annexation of the Lacouague property
at the east City boundary.
Staff advised that the Manager of Orange County Waterworks
District No. 4 had requested that the Resolution include
provisions for the property to be subject to the outstanding
bonded indebtedness of the District. Mr. Jean Lacouague,
the property owner, objected to the inclusion.
Continuation:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to continue consideration
of the annexation to the next meeting date of March 2 to
allow time for clarification of the matter.
2. STREET NAME POLICY
(69) Written Communications:
Report dated February 16, 1982, from the Director of Community
Planning and Development forwarding a proposed policy for
the naming of City streets, as directed by the City Council
on January 19.
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Approval of Policy Statement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried to approve the following
policy statement entitled "New Street Names" for inclusion
in the Council Policy Manual as Policy Number 414:
It is a policy of the City Council that new streets
in the City shall be named in accordance with the
following criteria:
(1) All names shall be reasonably pronounceable
by the average resident to facilitate
emergency and other identification.
(2) New street names the same or almost the same
as any existing in the City shall be avoided.
In addition, the use of new names the same or
almost the same as those in other communities
served by the main Mission Viejo Post Office
shall be minimized.
(3) Names should be reflective of the City's history,
character, and physical setting. Street names
should be in Spanish whenever practicable, but
English names may be considered when they bear a
direct relationship to the City's history, character,
or physical setting.
(4) When Spanish street names are used, cul-de-sacs
should be prefaced by "Paseo," local streets
by "Via," and arterials by "Avenida" or "Camino."
In cases where two or more of the above criteria are in
conflict, the criteria shall take priority in the order
shown above. That is, criterion No. 1 shall take
priority over criterion No. 2, etc.
3. REQUEST FOR DETACHMENT FROM THE CITY
(DAVIS FAINBARG)
(21) Written Communications:
Report dated February 16, 1982, from the Director of Community
Planning and Development forwarding a letter dated February 9,
1982, from Davis Developments, 1400 Bristol Street North,
Suite 245, Newport Beach 92660, requesting that the City
consider de -annexation of the 10 -acre parcel of property at
the City limits adjacent to Capistrano Beach.
Deferral of Action/Request for Study:
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer and unanimously carried to defer action on the
Davis detachment request and to direct staff to request
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the Local Agency Formation Commission to process a partial
sphere of influence study of possible future City boundaries
adjacent to Capistrano Beach. Council Members noted
concerns with justifying de -annexations of property and
stressed that the process could be ceased at any time at
the direction of the City.
George Hainley, resident of Villa San Juan, 33831 Camino
Capistrano, Space 38, cited concerns with loss of local
control, should the property become under County jurisdiction.
Staff was directed to provide notice to Mr. Hainley when
the matter is considered further.
DIRECTOR OF PUBLIC WORKS
1. APPROVAL OF STREET LIGHTING
(CAPISTRANO GARDEN HOMES/TRACTS 6590, 7182, 7229, 7230)
(53) Written Communications:
Report dated February 16, 1982, from the Director of Public
Works regarding the request of the Capistrano Garden Homes
Homeowners Association for approval of the installation of
15 street light standards on the private streets. Financial
considerations indicate that high pressure sodium vapor
lighting installed and maintained by San Diego Gas and
Electric Company is the most cost effective.
Jason Spence, President of the Homeowners Association,
30871 Calle San Felipe, San Juan Capistrano, addressed the
Council in support of the request.
Approval of Street Light Installation:
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer and unanimously carried to direct the City
Engineer to approve the installation of 15 high pressure
sodium light standards, utilizing Postop or Traditionaire
luminaires, on the private streets of Capistrano Garden
Homes Tracts 6590, 7182, 7229, and 7230, in accordance
with Section 9-4.108(b) of the Municipal Code.
2. FIRE PREVENTION FACILITIES
(CAPISTRANO TERRACE MOBILEHOME PARK)
(25) Written Communications:
Report dated February 16, 1982, from the Director of Public
Works providing a status report on wiring, fire hydrants, +�
and water service conditions at the Capistrano Terrace
Mobilehome Park. Fire hydrant installation is to be
completed by December 1, 1982.
Mrs. Kathryn McDonnelly, park resident, questioned the number
of fire hydrants to be installed as a "minimum of 5" and the
existence of surface water lines. The Director of Public
Works advised that the surface lines are temporary and that
Mrs. McDonnelly would be contacted directly regarding the
numbers of hydrants.
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1.29
With the concurrence of Council, Mayor Schwartze ordered
the Report received and filed.
3. TRAFFIC CONGESTION - DEL OBISPO STREET AND ORTEGA HIGHWAY
(82) Written Communications:
Report dated February 16, 1982, from the Director of Public
Works regarding efforts to resolve traffic congestion and
delays on the Ortega Highway at the I-5 Freeway.
Approval of Modifications:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to take the following actions:
1. Approve the modification of the signal at
Ortega Highway and Del Obispo Street to permit
a double left turn movement for westbound
Ortega Highway to southbound Del Obispo Street;
2. Direct staff to prepare correspondence to the
Orange County Transportation Commission urging
that the Ortega Highway Traffic Congestion Study
be declared an urgent project in order to receive
a higher priority ranking for funding and to
accelerate the Caltrans Project Report.
Mayor Schwartze requested that individual letters be written
to the Members of the Orange County Transportation Commission
and to the Members of the Board of Supervisors.
4. REQUEST FOR WAIVER OF DRAINAGE FEES
(MEREDITH CANYON COMMUNITY ASSOCIATION)
(80) Written Communications:
Report dated February 16, 1982, from the Director of Public
Works forwarding the February 2, 1982, request of the Meredith
Canyon Community Association for waiver of payment of
drainage fees in the amount of $8,051. The fees are payable
in conjunction with the processing of Parcel Map 81-854 within
Drainage Area LO1S02; transfer of the property is a provision
of an agreement between the Association and Longbar Grinding,
Inc.
Don Lyons, President of the Association, 27001 Via La Mirada,
requested that the fees either be waived or an agreement
approved for payment of the fees at close of escrow.
Agreement for Payment of Fees:
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried to direct staff to prepare an
agreement between the City and the Association for receipt
of the fees at the close of escrow; the agreement to be
submitted for Council consideration in conjunction with
review of Parcel Map 81-854.
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130
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF FEBRUARY 9, 1982
(67) The report of actions taken by the Planning Commission at the
meeting of February 9, 1982, was ordered received and filed.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. SMYTH DEVELOPMENT PROJECT
(56) Councilman Hausdorfer advised that Smyth Brothers have
developed an office project for the property at the north
City limits formerly known as the Van Roekle property.
Larry Lawrence reviewed the project, which will ham4,d�ccess
through Via Escolar and is being processed by the County.
2. COMMUNITY GARDEN PROJECT
(62) Councilman Bland requested consideration of the development
of a community garden project and staff review.
3. TRAFFIC CONGESTION - DEL OBISPO STREET AT ALIPAZ STREET
(82) Councilman Bland cited the backup of traffic on Del Obispo
Street at the Alipaz Street signal due to the location of
the Nieblas property. The Director of Public Works advised
that staff is reviewing the acquisition of rights-of-way
and construction funding.
COUNCIL ACTIONS
1. APPOINTMENT TO EQUESTRIAN COMMISSION
(ALEX F. BROWN)
(23) Written Communications:
Report dated February 16, 1982, from the Administrative
Assistant to the City Manager forwarding applications
received for appointment to the Equestrian Commission.
Councilman Bland
Road, and, there
was unanimously
the resignation
CLOSED SESSION
nominated Alex F
being no further
appointed to fill
of Brian Gentner.
Brown, 26505 Baytree
nominations, Mr. Brown
the vacancy created by I^
Council recessed to Closed Session at 8:50 P.M. for discussion of
legal and personnel matters, the City Clerk being excused therefrom,
and reconvened at 9:58 P.M.
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131
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:58 P.M. to the next regular meeting date of
Tuesday, March 2, 1982, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
ATTEST:
PHILLIP R. SCHWARTZE, MAY
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